(Amendment)
DAR File No.: 38332
Filed: 03/06/2014 10:23:47 AMRULE ANALYSIS
Purpose of the rule or reason for the change:
An error was identified for the VOC content limit for general purpose adhesives in Table 1 found in Section R307-357-4. The 80% limit in the current rule was based off of a model rule from the Ozone Transport Commission. That rule incorrectly used the 80% limit instead of the 10% limit found in both the federal rule and the California Air Resource Board rule. This change is to appropriately align the content limits requirements of Section R307-357-4 with those in the federal rule and was developed in consultation with stakeholders.
Summary of the rule or change:
The VOC content limit for general purpose adhesives is changed from 80% to 10%. Other formatting changes are made in the table to more clearly distinguish between the various categories and subcategories regulated by the rule.
State statutory or constitutional authorization for this rule:
- Section 19-2-101
Anticipated cost or savings to:
the state budget:
Because these changes correct a limit by matching it to the federal limit, there are no anticipated costs or savings to the state budget.
local governments:
Because these changes correct a limit by matching it to the federal limit, there are no anticipated costs or savings to local government.
small businesses:
Because these changes correct a limit by matching it to the federal limit, there are no anticipated costs or savings to small businesses.
persons other than small businesses, businesses, or local governmental entities:
Because these changes correct a limit by matching it to the federal limit, there are no anticipated costs or savings to persons other than small businesses, businesses, or local government entities.
Compliance costs for affected persons:
Because these changes correct a limit by matching it to the federal limit, there are no anticipated compliance costs for affected persons.
Comments by the department head on the fiscal impact the rule may have on businesses:
Because these changes correct a limit by matching it to the federal limit, there is no anticipated fiscal impact on businesses.
Amanda Smith, Executive Director
The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:
Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085Direct questions regarding this rule to:
- Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov
Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:
05/01/2014
This rule may become effective on:
06/04/2014
Authorized by:
Bryce Bird, Director
RULE TEXT
R307. Environmental Quality, Air Quality.
R307-357. Consumer Products.
R307-357-4. Standards.
(1) Except as provided in R307-357-6, 7, 8 and 9, no person shall sell, supply, offer for sale, or manufacture for sale any consumer product manufactured on or after the effective date in Table 1 that contains VOCs in excess of the limits specified in Table 1.
TABLE 1
Table of Standards
(percent volatile organic compounds by weight)CATEGORY EFFECTIVE BEGINNING DATES 9/1/2014 1/1/2015 1/1/2016 [
80]10 Structural waterproof 15 Air Fresheners: Single-phase aerosols 30 Double-phase aerosols 25 Dual-purpose air freshener/disinfectant aerosol 60 Liquids/pump sprays 18 Solids/semisolids 3 Antiperspirants: Aerosol 40 HVOC 10 MVOC Non-aerosol 0 HVOC 0 MVOC Anti-static product: Non-aerosol 11 Aerosol 80 Automotive rubbing 17 or polishing compound Automotive wax, polish, sealant or Glaze: Hard paste waxes 45 Instant detailers 3 All other forms 15 [
(2) 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 limits specified in Table 1 shall apply to the product only after the minimum recommended dilution has taken place. For purposes of this subsection, "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.
(3) 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 Table 1 shall apply to the product only after the maximum recommended dilution has taken place.
(4) Effective September 1, 2016, no person shall sell, supply, offer for sale, or manufacture for use any aerosol adhesive, adhesive removers, and graffiti removers that contain methylene chloride, perchloroethylene, or trichloroethylene.
Sell-through products of aerosol adhesive, adhesive removers, and graffiti removers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before September 1, 2016, may be sold, supplied, or offered for sale so long as the product container or package displays the date on which the product was manufactured.
(5) No person shall sell, supply, offer for sale, or manufacture any floor wax stripper unless the following requirements are met:
(a) The label of each non-aerosol floor wax stripper shall specify a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of 3% by weight or less.
(b) If a non-aerosol floor wax stripper is also intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper shall specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12% by weight or less.
(6) Products containing ozone-depleting compounds. For any consumer product for which standards are specified under R307-357-4, no person shall sell, supply, offer for sale, or manufacture for sale any consumer product that contains any of the following ozone-depleting compounds:
(a) CFC 11 (trichlorofluoromethane);
(b) CFC 12 (dichlorodifluoromethane);
(c) CFC 113 (1,1,1 trichloro 2,2,2 trifluoroethane);
(d) CFC 114 (1 chloro 1,1 difluoro 2 chloro 2,2 difluoroethane);
(e) CFC 115 (chloropentafluoroethane);
(f) Halon 1211 (bromochlorodifluoromethane);
(g) Halon 1301 (bromotrifluoromethane);
(h) Halon 2402 (dibromotetrafluoroethane);
(i) HCFC 22 (chlorodifluoromethane);
(j) HCFC 123 (2,2 dichloro 1,1,1 trifluoroethane);
(k) HCFC 124 (2 chloro 1,1,1,2 tetrafluoroethane);
(l) HCFC 141b (1,1 dichloro 1 fluoroethane);
(m) HCFC 142b (1 chloro 1,1 difluoroethane);
(n) 1,1,1 trichloroethane; and
(o) Carbon tetrachloride.
(7) The requirements of R307-357-4(6) shall not apply to any existing product formulation that complies with Table 1 or any existing product formulation that is reformulated to meet the standards set in Table 1, provided the ozone-depleting compound content of the reformulated product does not increase.
(8) The requirements of R307-357-4(6) 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 0.01% by weight of the product.
KEY: air pollution, consumer products
Date of Enactment or Last Substantive Amendment: [
August 1, 2013]2014Authorizing, and Implemented or Interpreted Law: 19-2-101; 19-2-104
Document Information
- Effective Date:
- 6/4/2014
- Publication Date:
- 04/01/2014
- Filed Date:
- 03/06/2014
- Agencies:
- Environmental Quality,Air Quality
- Rulemaking Authority:
Section 19-2-101
- Authorized By:
- Bryce Bird, Director
- DAR File No.:
- 38332
- Related Chapter/Rule NO.: (1)
- R307-357-4. Standards