Ohio Admin. Code 3745-112-03

Current through all regulations passed and filed through October 28, 2024

Section 3745-112-03 - Standards

[Comment: For dates on non-regulatory government publications, publications of recognized organizations and associations, federal rules, and federal statutory provisions referenced in this rule, see paragraph (C) of rule 3745-112-01 of the Administrative Code titled "Referenced Materials."]

(A) Except as provided in rules 3745-112-04 and 3745-112-07 of the Administrative Code, no person shall sell, supply, offer for sale, or manufacture for sale in the state of Ohio any consumer product manufactured on or after the effective date in the following table that contains VOCs in excess of the VOC content limits specified in the following table :

Table 1: Table of standards (VOC Standard, per cent VOC, by weight)

Product Category	Product Sub-Category	Product Sub-Category 2	Effective date: January 1, 2009	Effective date: July 1, 2023
Adhesives:
	Aerosol Mist Spray		65
	Aerosol Web Spray		55
	Special Purpose Spray Adhesives:
		Automotive Engine Compartment	70
		Automotive Headliner	65
		Flexible Vinyl	70
		Laminate Repair/ Edgebanding	60
		Mounting	70
		Polyolefin	60
		Polystyrene Foam	65
	Construction, Panel, and Floor Covering		151	7
	Contact		80
		Contact General Purpose	55
		Contact Special Purpose	80
	General Purpose		10
	Structural Waterproof		15
Adhesive Removers:
	Floor or Wall Covering Adhesive Remover		5
	Gasket or Thread Locking Adhesive Remover		50
	General Purpose Adhesive Remover		20
	Specialty Adhesive Remover		70
Air Fresheners:
	Single-Phase Aerosol		30
	Double-Phase Aerosol		25
	Dual Purpose Air Freshener/ Disinfectant Aerosols			60
	Liquids/Pump Spray		18
	Solids/Semisolids		3
Antiperspirants:
	Aerosol		40 HVOC 10 MVOC
	Non-Aerosol		0 HVOC 0 MVOC
Anti-Static Product:
	Aerosol			80
	Non-Aerosol		11
Automotive Brake Cleaners			45
Automotive Rubbing or Polishing Compound			17
Automotive Wax, Polish, Sealant or Glaze:
	Hard Paste Waxes		45
	Instant Detailers		3
	All Other Forms		15
Automotive Windshield Cleaner				35
Automotive Windshield Washer Fluids			35
Bathroom and Tile Cleaners:
	Aerosol		7
	All Other Forms		51	N/A
	Non-Aerosol			1
Brake Cleaner				10
Bug and Tar Remover			40
Carburetor or Fuel-Injection Air Intake Cleaners			451	10
Carpet and Upholstery Cleaners:
	Aerosol		7
	Non-Aerosol (Dilutables)		0.1
	Non-Aerosol (Ready-to-Use)		3.0
Charcoal Lighter Material2
Cooking Spray Aerosols			18
Deodorants:	Deodorants:
	Aerosol		0 HVOC 10 MVOC
	Non-Aerosol		0 HVOC 0 MVOC
Disinfectant:
	Aerosols			70
	Non-Aerosols			1
Dusting Aids:
	Aerosol		25
	All Other Forms		7
Electrical Cleaner			45
Electronic Cleaner			75
Engine Degreasers:
	Aerosol		351	10
	Non-Aerosol		5
Fabric Protectants			60
Fabric Refresher:
	Aerosol		15
	Non-Aerosol		6
Floor Polishes or Waxes:
	Resilient Flooring Materials		71	1
	Non-Resilient Flooring Materials		101	1
	Wood Floor Wax		90
Floor Wax Strippers, Non- Aerosol3
Footwear or Leather Care Products:
	Aerosol		75
	Solid		55
	Other Forms		15
Furniture Maintenance Products:
	Aerosol		17
	All Other Forms (Except Solid or Paste)		71	N/A
	Non-Aerosol (Except Solid or Paste)			3
General Purpose Cleaners:
	Aerosol		101	8
	Non-Aerosol		4
General Purpose Degreasers:
	Aerosol		501	10
	Non-Aerosol		4
Glass Cleaners:
	Aerosol		12
	Non-Aerosol		4
Graffiti Remover:
	Aerosol		50
	Non-Aerosol		30
Hair Mousses			6
Hair Shines			55
Hair Sprays			55
Hair Styling Gels			6
Hair Styling Product:
	Aerosols and Pump Sprays		6
	All Other Forms		2
Heavy-Duty Hand Cleaner or Soap			8
Insecticides:
	Crawling Bug (Aerosol)		15
	Crawling Bug (All Other Forms)		20
	Flea and Tick		25
	Flying Bug (Aerosol)		25
	Flying Bug (All Other Forms)		35
	Foggers		45
	Lawn and Garden (Non-Aerosol)		3
	Lawn and Garden (All Other Forms)		20
	Wasp and Hornet		40
Laundry Pre-Wash:
	Aerosols/Solids		22
	All Other Forms		5
Laundry Starch/ Sizing/Fabric Finish Products			51	4.5
Metal Polishes/ Cleaners			30
Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products)			50
Multi-Purpose Solvent				3
Nail Polish Remover			75	1
Non-Selective Terrestrial Herbicide, Non-Aerosol			3
Oven or Grill Cleaners:
	Aerosols/Pump Sprays		8
	Liquids		51
	Non-Aerosols			4
Paint Remover or Strippers			50
Paint Thinner				3
Penetrants			50
Rubber/Vinyl Protectants:
	Non-Aerosol		3
	Aerosol		10
Sanitizer:
	Aerosol			70
	Non-Aerosol			1
Sealants and Caulking Compounds			4
Shaving Creams			5
Shaving Gel			71	4
Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products)			60
Spot Removers:
	Aerosol		25
	Non-Aerosol		8
Temporary Hair Color:
	Aerosol			55
Tire Sealants and Inflators			20
Under-coatings (Aerosols)			40
Wood Cleaner:
	Aerosol		17
	Non-Aerosol		4

¹ VOC standards will expire on December 31, 2022 for these categories because they will have revised VOC standards that will take effect on July 1, 2023.

²See paragraph (F) of this rule regarding charcoal lighter material standards.

³See paragraph (H) of this rule regarding floor wax strippers.

(B) No person shall sell, supply, offer for sale, or manufacture for sale in the state of Ohio any antiperspirant or deodorant which contains any compound that has been identified by the CARB in the "California Code of Regulations", Title 17, division 3, chapter 1, subchapter 7, section 93000 as a toxic air contaminant.

(C) Products that are diluted prior to use.

(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 the table of this rule 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) 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 VOC content limits specified in the table of this rule shall apply to the product only after the maximum recommended dilution has taken place.

(D) Sell-through of products.

Notwithstanding the provisions of paragraph (A) of this rule, a consumer product manufactured prior to each of the effective dates specified for that product in the table of standards in this rule may be sold, supplied, or offered for sale after each of the specified effective dates. This 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 such date, in accordance with paragraph (A) of rule 3745-112-05 of the Administrative Code.

(E) Products registered under the Federal Insecticide, Fungicide, and Rodenticide Act.

For those consumer products that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act, the effective date of the VOC standards specified in the table of this rule is one year after the effective date specified in the table of standards in this rule.

(F) Requirements for charcoal lighter materials.

No person shall sell, supply, or offer for sale after January 1, 2009 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 the CARB. This certification remains in effect in the state of Ohio as long as the CARB certification remains in effect and the certification is approved by the director. Any manufacturer claiming such a certification on this basis shall submit to the director a copy of the certification decision (i.e., the executive order), including all conditions established by CARB applicable to the certification.

(G) Requirements for aerosol adhesives.

(1) The standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in rules 3745-112-04 and 3745-112-07 of the Administrative Code, no person shall sell, supply, offer for sale, use or manufacture for sale in the state of Ohio any aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the limit specified in the table of this rule.

(2) In order to qualify as a special purpose spray adhesive the product shall meet one or more of the definitions specified in rule 3745-112-01 of the Administrative Code, but if the product label indicates that the product is suitable for use on any substrate or application not listed in this definition, then the product shall be classified as either a web spray adhesive or a mist spray adhesive. If a product meets more than one of the definitions specified in rule 3745-112-01 of the Administrative Code for a special purpose spray adhesive, and is not classified as a web spray adhesive or mist spray adhesive under this paragraph, then the VOC content limit for the product shall be the lowest applicable VOC content limit specified in the table of this rule.

(3) All aerosol adhesives shall comply with the labeling requirements specified in rule 3745-112-05 of the Administrative Code.

(H) Requirements for floor wax strippers.

No person shall sell, supply, offer for sale, or manufacture for use in Ohio any floor wax stripper unless the following requirements are met:

(1) 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 three per cent, by weight, or less.

(2) 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 twelve per cent, by weight, or less.

(3) The terms light build-up, medium build-up or heavy build-up are not specifically required, as long as comparable terminology is used.

(I) Requirements for paint thinner and multi-purpose solvents.

(1) Except as provided in this paragraph, effective July 1, 2023, no person shall sell, supply, offer for sale, or manufacture for use in Ohio any multi-purpose solvent or paint thinner that contains greater than one per cent aromatic compound content by weight.

(2) Sell-through of products. Multi-purpose solvents and paint thinners that contain greater than one per cent aromatic compound content by weight and were manufactured before July 1, 2023 may be sold, supplied, or offered for sale until January 1, 2026, so long as that product complies with the product dating requirements.

(3) Notifications for products sold during the sell-through period. Any person who sells or supplies a consumer product identified in this section shall notify the purchaser of the product in writing that the sell-through period for that product will end on January 1, 2026, provided, however, this notification shall be given only if both of the following conditions are met:

(a) The product is sold or supplied to a distributor or retailer.

(b) The product is sold or supplied on or after June 30, 2025.

(4) Additional requirements for multi-purpose solvent and paint thinner.

(a) From the effective date of this rule until January 1, 2024, no person shall sell, supply, offer for sale, or manufacture for use in Ohio any flammable or extremely flammable multi-purpose solvent or paint thinner named, on the principle display panel as paint thinner, multi-purpose solvent, cleanup solvent, or paint clean-up.

(b) Paragraph (I)(4)(a) of this rule does not apply to products that meet either of the following criteria:

(i) Products which include an attached hang tag, sticker, or contrasting square or rectangular area on the principle display panel that displays, at a minimum, the following statements in a font size as large as, or larger than, the signal word (i.e., danger, warning, or caution) (not including the font size used for the company name, brand name, or logo) as specified in title 16, Code of Federal Regulations, section 1500.121: "Formulated to meet California VOC limits; see warnings on label."

(ii) Products where the principle display panel displays, in a font size as large as, or larger than, the font size of all other words on the panel (not including the font size used for the company name, brand name, or logo), the common name of the chemical compound (e.g., acetone, methyl acetate, etc.) that results in the product meeting the criteria for flammable or extremely flammable.

(c) For the purposes of this paragraph, a product is flammable or extremely flammable if it is labeled as flammable or extremely flammable on the product container, or if the product meets the criteria for these terms specified in title 16, Code of Federal Regulations, section 1500.3(c)(6).

Ohio Admin. Code 3745-112-03

Effective: 6/20/2022
Five Year Review (FYR) Dates: 4/5/2022 and 06/20/2027
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/15/2007, 12/06/2012