Authority: IC 13-14-8; IC 13-17-3-4

Affected: IC 13-17

Sec. 3. (a) Except as provided in sections 4 through 6 of this rule, no person shall sell, supply, offer for sale, or manufacture for sale in Indiana any consumer product manufactured on or after June 1, 2011, that contains VOCs in excess of the VOC content limits specified in the following table of standards:

(b) No person shall:

1. (1) sell;
2. (2) supply;
3. (3) offer for sale; or
4. (4) manufacture for sale;

in Indiana any antiperspirant or deodorant that contains any compound that has been identified by the CARB in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 7, Section 93000* as a toxic air contaminant.

(c) Products that are diluted prior to use shall satisfy the following requirements:

1. (1) For consumer products for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to use, the VOC content limits specified in subsection (a) shall apply to the product only after the minimum recommended dilution has taken place. For purposes of this rule, minimum recommended dilution shall not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils or stains.
2. (2) For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any VOC solvent prior to use, the limits specified in subsection (a) shall apply to the product only after the maximum recommended dilution has taken place.

(d) The following provisions apply to the sell-through of products:

1. (1) Notwithstanding the provisions of subsections (a) and (g), a consumer product manufactured prior to the effective date of this rule, June 1, 2011, may be sold, supplied, or offered for sale after the effective date of this rule, June 1, 2011.
2. (2) Subdivision (1) does not apply to any consumer product that does not display on the product container or package the date on which the product was manufactured, or a code indicating the date, in accordance with section 6(a) of this rule.

(e) For consumer products subject to this rule that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. Section 136, et seq.), the effective date of the VOC standards specified in subsection (a) is June 1, 2012.

(f) The following requirements apply to all charcoal lighter materials:

1. (1) No person shall sell, supply, or offer for sale after June 1, 2011, any charcoal lighter material product unless at the time of the transaction the manufacturer can demonstrate that the product has been issued a currently effective certification by one (1) of the following:

   1. (A) The CARB under the Consumer Products provisions under Subchapter 8.5, Article 2, Section 94509(h), of Title 17 of the California Code of Regulations. The certification remains in effect for Indiana for as long as the CARB certification remains in effect.
   2. (B) A certification by an air pollution control agency of another state and the U.S. EPA. The certification must be current at the time of the transaction.
2. (2) Upon request by the department, a manufacturer claiming certification in accordance with subdivision (1) shall submit to the department a copy of the certification decision, that is, the Executive Order, including all conditions established by CARB applicable to the certification.

(g) The following requirements apply to aerosol adhesives:

1. (1) The VOC standards for aerosol adhesives apply to all uses of aerosol adhesives including consumer, industrial, and commercial uses. Except as otherwise provided in sections 4 and 5 of this rule, no person shall sell, supply, offer for sale, use, or manufacture for sale in Indiana any aerosol adhesive that, at the time of sale, use, or manufacture, contains VOCs in excess of the VOC limits specified in subsection (a).

2. (2) In order to qualify as a special purpose spray adhesive, the product must meet one (1) or more of the definitions in section 2 of this rule, but if the product label indicates that the product is suitable for use on any substrate or application not listed in one (1) of the definitions for special purpose spray adhesive, then the product shall be classified as either a web spray adhesive or a mist spray adhesive. If a product:

   1. (A) meets more than one (1) of the definitions in section 2 of this rule for a special purpose spray adhesive; and
   2. (B) is not classified as a web spray adhesive or mist spray adhesive;
3. then the VOC content limit for the product shall be the lowest applicable VOC content limit specified in subsection (a).

4. (3) Effective, June 1, 2011, no person shall sell, supply, offer for sale, or manufacture for use in Indiana any aerosol adhesive that contains any of the following compounds:

   1. (A) Methylene chloride.
   2. (B) Perchloroethylene.
   3. (C) Trichloroethylene.
5. (4) All aerosol adhesives must comply with the labeling requirements specified in section 7 of this rule.

(h) The following requirements apply to floor wax strippers:

1. (1) The label of each nonaerosol floor wax stripper must specify a dilution ratio for light or medium buildup of polish that results in an as-used VOC concentration of three percent (3%) by weight or less.
2. (2) If a nonaerosol floor wax stripper is also intended to be used for removal of heavy buildup of polish, the label of that floor wax stripper must specify a dilution ratio for heavy buildup of polish that results in an as-used VOC concentration of twelve percent (12%) by weight or less.
3. (3) The terms "light buildup", "medium buildup", or "heavy buildup" are not specifically required as long as comparable terminology is used.

(i) The following requirements apply to products containing ozone depleting compounds:

1. (1) For any consumer product subject to subsection (a), no person shall sell, supply, offer for sale, or manufacture for sale in Indiana any consumer product that contains any of the following ozone depleting compounds:

   1. (A) Trichlorofluoromethane (CFC-11).
   2. (B) Dichlorodifluoromethane (CFC-12).
   3. (C) 1,1,1-trichloro-2,2,2-trifluoroethane (CFC-113).
   4. (D) 1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane (CFC-114).
   5. (E) Chloropentafluoroethane (CFC-115).
   6. (F) Bromochlorodifluoromethane (Halon 1211).
   7. (G) Bromotrifluoromethane (Halon 1301).
   8. (H) Dibromotetrafluoroethane (Halon 2402).
   9. (I) Chlorodifluoromethane (HCFC-22).
   10. (J) 2,2-dichloro-1,1,1-trifluoroethane (HCFC-123).
   11. (K) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124).
   12. (L) 1,1-dichloro-1-fluoroethane (HCFC-141b).
   13. (M) 1-chloro-1,1-difluoroethane (HCFC-142b).
   14. (N) 1,1,1-trichloroethane.
   15. (O) Carbon tetrachloride.

2. (2) The requirements in subdivision (1) shall not apply to any existing product formulation that:

   1. (A) complies with the VOC content limits listed in subsection (a); or
   2. (B) is reformulated to meet the VOC content limits in subsection (a) provided the ozone depleting compound content of the reformulated product does not increase.
3. (3) The requirements of subdivision (1) shall not apply to any ozone depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than one-hundredth of one percent (0.01%) by weight of the product.

(j) The following requirements apply to adhesive removers, contact adhesives, electrical cleaners, electronic cleaners, footwear or leather care products, general purpose degreasers, and graffiti removers:

1. (1) Except as provided in subdivisions (2) and (4), effective June 1, 2011, no person shall sell, supply, offer for sale, or manufacture for use in Indiana any adhesive remover, contact adhesive, electrical cleaner, electronic cleaner, footwear or leather care product, general purpose degreaser, or graffiti remover that contains any of the following compounds:

   1. (A) Methylene chloride.
   2. (B) Perchloroethylene.
   3. (C) Trichloroethylene.
2. (2) Products manufactured before June 1, 2011, may be sold, supplied, or offered for sale until June 1, 2014, so long as the product container or package displays the date on which the product was manufactured, or a code indicating the date, in accordance with section 7(a) of this rule.

3. (3) Any person who sells or supplies a consumer product identified in subdivision (1) must notify the purchaser of the product in writing that the sell-through period for that product will end on June 1, 2014 if both of the following conditions are met:

   1. (A) The product is sold or supplied to a distributor or retailer.
   2. (B) The product is sold or supplied on or after May 31, 2014.
4. (4) The requirements of subdivisions (1) and (3) shall not apply to any adhesive remover, contact adhesive, electrical cleaner, electronic cleaner, footwear or leather care product, general purpose degreaser, or graffiti remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than one-hundredth of one percent (0.01%) by weight.

*This document is incorporated by reference. Copies are available for review and copying at the Indiana Department of Environmental Management, Office of Air Quality, Indiana Government Center North, Tenth Floor, 100 North Senate Avenue, Indianapolis, Indiana 46204.

(Air Pollution Control Division; 326 IAC 8-15-3; filed Nov 1, 2010, 12:38 p.m.: 20101201-IR-326070351FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)