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

Affected: IC 13-17

Sec. 9. (a) Testing to determine compliance with the VOC content limits specified in section 3(a) of this rule shall be performed by either the manufacturer or responsible party using either of the following:

1. (1) CARB Method 310*, "Determination of Volatile Organic Compounds in Consumer Products".
2. (2) An alternative method that is shown to accurately determine the concentration of VOCs in a product. The alternative method must first be approved in writing by the department and U.S. EPA.

(b) Compliance with the VOC content limits specified in section 3(a) of this rule may be demonstrated through calculation of the VOC content of a consumer product from records of the amounts of constituents used to make the product (excluding packaging), under the following criteria:

1. (1) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. A manufacturer or responsible party subject to this rule shall do the following:

   1. (A) Maintain all records for a minimum of three (3) years.
   2. (B) Make records available to the department and U.S. EPA upon request.

2. (2) For purposes of this section, the VOC content of a product shall be calculated according to the following equation:

   	VOC Content	=	B - C	x	100
   			A

   Where:	A	=	Total net weight of a unit of product (excluding any packaging).
   	B	=	Total weight of all VOCs, per unit.
   	C	=	Total weight of VOCs exempted, per unit.

3. (3) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310*, the results of CARB Method 310*:

   1. (A) shall take precedence over the product records; and
   2. (B) may be used to establish a violation of the requirements of the VOC content limits in section 3(a) of this rule.

(c) Testing to determine whether a product is a liquid or a solid shall be performed using ASTM D4359-90(2000)e1 "Standard Test Method for Determining Whether a Material Is a Liquid or a Solid"*.

(d) Testing to determine distillation points of petroleum distillate based charcoal lighter materials shall be performed using ASTM D86-04b "Standard Test Method for Distallation of Petroleum Products at Atmospheric Pressure"*.

(e) No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect:

1. (1) the constituents used to manufacture a product;
2. (2) the chemical composition of the individual product; and
3. (3) any other test, processes, or records used in connection with product manufacture.

*These documents are 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 8-15-9; filed Nov 1, 2010, 12:38 p.m.: 20101201-IR-326070351FRA; readopted filed Oct 18, 2024, 2:09 p.m.: 20241113-IR-326230809RFA)