D.C. Mun. Regs. r. 20-721

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 20-721 - CONSUMER PRODUCTS - EXEMPTIONS FROM VOC STANDARDS

721.1

The following are exempt from the Table of Standards in § 720.1:

(a) Any consumer product manufactured in the District of Columbia for shipment and use outside of the District of Columbia;

(b) A consumer product that does not comply with the VOC standards specified in § 720, provided that the manufacturer or distributor who sells, supplies, or offers the product for sale in the District of Columbia meets the requirements of this section and demonstrates that:

(1) The consumer product is intended for shipment and use outside of the District of Columbia; and

(2) The manufacturer or distributor has taken reasonable precautions to ensure that the consumer product is not distributed in the District of Columbia;

(c) Ethanol with a medium volatility organic compound (MVOC) content, when used in antiperspirants or deodorants;

(d) Fragrances up to a combined level of two percent (2%) by weight contained in any consumer product and colorants up to a combined level of two percent (2%) by weight contained in any antiperspirant or deodorant;

(e) Antiperspirants or deodorants that contain VOCs of more than ten (10) carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of two millimeters of mercury (2 mm. Hg) or less at twenty degrees Celsius (20° C) or sixty-eight degrees Fahrenheit (68° F);

(f) Any low-vapor-pressure VOC (LVP-VOC) as defined in § 799;

(g) Air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under § 799, or exempted under § 721.1(f) above;

(h) Insecticides containing at least ninety-eight percent (98%) para-dichlorobenzene;

(i) Until January 1, 2012, solid air fresheners containing at least ninety-eight percent (98%) para-dichlorobenzene;

(j) Adhesives sold in containers of one (1) fluid ounce or less;

(k) Bait station insecticides which, for the purpose of this section, are containers enclosing an insecticidal bait that is not more than one fifth of an ounce (0.5 oz.) by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than five percent (5%) active ingredients;

(l) Any consumer product where the manufacturer has been granted an Alternative Control Plan (ACP) Agreement by CARB under the provisions in Subchapter 8.5, Article 4, §§ 94540 -94555, of Title 17 of the California Code of Regulations. This exemption shall be for the period of time that the CARB ACP Agreement remains in effect provided that all ACP Products used for emissions credits within the CARB ACP Agreement are listed in the Table of Standards in § 720.1 and the manufacturer complies with § 735, Alternative Control Plans;

(m) Any consumer product where the manufacturer has been granted an innovative product exemption by CARB under the Innovative Products provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.5, Article 1, § 94503.5 of Title 17 of the California Code of Regulations. This exemption shall be for the period of time that the CARB Innovative Products exemption remains in effect provided that all consumer products within the CARB Innovative Products exemption are listed in the Table of Standards in § 720.1 and the manufacturer complies with § 736, Innovative Products Exemption; and

(n) Any consumer product where the manufacturer has been granted an alternative control plan agreement, an innovative product exemption, or a variance by the Department pursuant to §§ 735 through 737.

D.C. Mun. Regs. r. 20-721

Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11311 (December 30, 2011)

Authority: The Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165 (DCAPC); D.C. Official Code §§ 8-101.05 and 8-101.06(b) (2008 Repl.)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4) (2008 Repl.)), Mayor's Order 98-44, dated April 10, 1998, and Mayor's Order 2006-61, dated June 14, 2006.