250 R.I. Code R. 250-RICR-120-05-31.6

Current through December 26, 2024

Section 250-RICR-120-05-31.6 - Applicability and Exemptions

A. Except as provided in §§ 31.6(B) through (E) of this Part, the provisions of this regulation apply to any person who sells, supplies, offers for sale, distributes for sale or manufactures for sale within Rhode Island any consumer products on or after the applicable date identified in § 31.7 of this Part.

B. The provisions of this regulation do not apply to the following:

1. Any product that is sold, offered for sale or manufactured in Rhode Island for shipment and use outside of Rhode Island;

2. A manufacturer or distributor who sells, supplies, or offers for sale in Rhode Island a consumer product that does not comply with the VOC standards specified in § 31.7 of this Part, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of Rhode Island, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to Rhode Island.

3. Insecticides which contain at least ninety-eight percent (98%) para-dichlorobenzene;

4. Air fresheners comprised entirely of fragrance, less compounds not defined as VOCs in Part 0 of this Subchapter (General Definitions) and LVP-VOCs;

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

6. Ethanol in antiperspirant and deodorant products shall not be considered a MVOC for the purposes of this regulation;

7. In antiperspirants and deodorants, compounds that contain more than ten (10) carbon atoms per molecule and for which the vapor pressure is unknown or that have a vapor pressure of two (2) mm Hg or less at twenty degrees Celsius (20°C);

8. LVP-VOCs;

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

10. Contact adhesives sold in units of product, less packaging, of more than one (1) gallon;

11. Construction, panel and floor covering adhesives, general purpose adhesives, and sealants and caulking compounds sold in units of product, less packaging, which weigh more than one (1) pound and consist of more than sixteen (16) fluid ounces. This exemption does not apply to aerosol adhesives; and

12. Bait station insecticides.

C. Innovative Products

1. Consumer products which have been granted an Innovative Products exemption under the provisions of 17 Cal. Code Reg. §§ 94511 or 94503.5 or by the NYSDEC under the provisions in 6 NYCRR § 235-5.1, and such Innovative Products exemptions have been approved by EPA, shall be exempt from the VOC content limits in § 31.7(B) of this Part for the period of time that Innovative Products exemption remains in effect. Any manufacturer claiming such an exemption must submit to the Department and to the EPA a copy of the CARB or NYSDEC exemption decision, including all conditions established by CARB or NYSDEC applicable to the exemption by the date that the product is first marketed in Rhode Island.

D. Alternative Control Plan (ACP)

1. Any manufacturer of consumer products which has been granted an ACP Agreement by the CARB under the provisions of 17 Cal. Code Reg §§ 9451140-94555 or by NYSDEC under the provisions of 6 NYCRR § 235-11.1, shall be exempt from complying with the VOC content limits in § 31.7(B) of this Part for the period of time that the ACP Agreement remains in effect. Any manufacturer claiming an ACP Agreement on this basis must submit upon request to the Department and to the EPA a copy of the ACP decision (i.e., the Executive Order), including all conditions applicable to the exemption by the date that the product is first marketed in Rhode Island. Any such ACP Agreement must be approved by EPA for the product to be marketed in Rhode Island.

E. Variances

1. Consumer products which have been granted a variance under the provisions of 17 Cal. Code Reg. § 94514 or by the NYSDEC under the provisions of 6 NYCRR § 235-8.1, and such variances have been approved by EPA, shall be exempt from the VOC content limits in § 31.7(B) of this Part for the period of time that the variance remains in effect. Any person claiming a variance on this basis must submit to the Department and to the EPA a copy of the variance decision, including all conditions applicable to the variance by the date that the product is first marketed in Rhode Island.

F. FIFRA Products

1. For those consumer products that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. § 136 - 136y), the effective date of the VOC content limits in § 31.7 of this Part shall be January 1, 2021.

250 R.I. Code R. 250-RICR-120-05-31.6

Adopted effective 1/13/2019
Amended effective 1/16/2020