250 R.I. Code R. 250-RICR-120-05-31.7

Current through December 26, 2024

Section 250-RICR-120-05-31.7 - VOC Content Limits

A. Except as provided in §§ 31.6(B) through (F) of this Part, no person shall sell, supply, offer for sale or manufacture for sale in Rhode Island a consumer product, that contains volatile organic compounds in excess of the limits specified in § 31.7(B) of this Part:

B. Emissions Standards

Product Category	VOC Content Limit Effective for products manufactured prior to January 1, 2020 (Percent VOC by Weight)	VOC Content Limit Effective for products manufactured on or after January 1, 2020 (Percent VOC by Weight)
Adhesive Removers (See also § 31.7(J) of this Part)
- Floor or Wall Covering Adhesive Remover	5	5
- Gasket or Thread Locking Adhesive Remover	50	50
- General Purpose Adhesive Remover	20	20
- Specialty Adhesive Remover	70	70
Adhesives
Aerosol Adhesives:
- Mist Spray Adhesives	65	65
- Web Spray Adhesives	55	55
Special Purpose Spray Adhesives: (See also § 31.7(G) of this Part)
- Mounting, automotive engine compartment and flexible vinyl	70	70
- Polystyrene Foam and Automobile	65	65
Headliner
- Polyolefin; Laminate Repair/Edgebanding	60	60
- Construction, Panel, Floor Covering Adhesives (See also § 31.7(J) of this Part)	15	7
Contact Adhesives: (See also § 31.7(J) of this Part)
- General Purpose Contact Adhesives	55	55
- Special Purpose Contact Adhesives	80	80
General Purpose Adhesives	10	10
Structural Waterproof Adhesives	15	15
Aerosol Cooking Spray	18	18
Air Fresheners:
- Single-Phase Aerosols	30	30
- Double-Phase Aerosols	25	25
- Dual purpose air freshener or disinfectant	n/a	60
- Liquids/Pump Sprays	18	18
- Solids/Semisolids (See also § 31.7(L) of this Part)	3	3
Antiperspirants (See also § 31.7(C) of this Part)
- Aerosol	40 HVOC	40 HVOC
	10 MVOC	10 MVOC
- Non-Aerosol	0 HVOC	0 HVOC
	0 MVOC	0 MVOC
Anti-static Product
- Aerosol	n/a	80
- Non-Aerosol	11	11
Automotive Brake Cleaners	45	n/a
Automotive Rubbing or Polishing Compound	17	17
Automotive Wax, Polish, Sealant or Glaze
- Hard Paste Waxes	45	45
- Instant Detailers	3	3
- All Other Forms	15	15
Automotive Windshield Cleaner	n/a	35
Automotive Windshield Washer Fluids	35	35
Bathroom and Tile Cleaners (See also § 31.7(J) of this Part)
- Aerosols	7	7
- All Other Forms	5	1
Brake Cleaner	n/a	10
Bug and Tar Remover	40	40
Carburetor or Fuel-injection Air Intake Cleaners	45	10
Carpet and Upholstery Cleaners
- Aerosols	7	7
- Non-Aerosols (Dilutables)	0.1	0.1
- Non-Aerosols (Ready-to-Use)	3	3
Charcoal Lighter Material	See § 31.7(F) of this Part	See § 31.7(F) of this Part
Deodorants (See also § 31.7(C) of this Part)
- Aerosol	0 HVOC	0 HVOC
	10 MVOC	10 MVOC
- Non-Aerosol	0 HVOC	0 HVOC
	0 MVOC	0 MVOC
Disinfectant
- Aerosol	n/a	70
- Non-Aerosol	n/a	1
Dusting Aids
- Aerosols	25	25
- All other forms	7	7
Electrical Cleaner (See also § 31.7(J) of this Part)	45	45
Electronic Cleaner (See also § 31.7(J) of this Part)	75	75
Engine Degreasers
- Aerosols	35	10
- Non-Aerosols	5	5
Fabric Protectants	60	60
Fabric Refresher
- Aerosol	15	15
- Non-Aerosol	6	6
Floor Polishes/Waxes
- Products for Flexible Flooring Material	7	1
- Products for Non-resilient Flooring	10	1
- Wood Floor Wax	90	90
Floor Wax Strippers (non aerosol)	(See § 31.7(H) of this Part)	(See § 31.7(H) of this Part)
Footware or Leather Care Product (See also § 31.7(J) of this Part)
- Aerosol	75	75
- Solid	55	55
- All Other Forms	15	15
Furniture Maintenance Products
- Aerosols	17	17
- All Other Forms (except solid or paste)	7	n/a
- Non-Aerosol	n/a	3
General Purpose Cleaners (See also § 31.7(J) of this Part)
- Aerosols	10	8
- Non-Aerosols	4	4
General Purpose Degreasers (See also § 31.7(J) of this Part)
- Aerosols	50	10
- Non-Aerosols	4	4
Glass Cleaners
- Aerosols	12	12
- Non-Aerosols	4	4
Graffiti Remover (See also § 31.7(J) of this Part)
- Aerosols	50	50
- Non-Aerosols	30	30
Hair Care Products
- Hair Sprays	55	55
- Hair Mousses	6	6
Hair styling Products
- Aerosol and pump sprays	6	6
- All other forms	2	2
Hair Shines	55	55
Heavy-Duty Hand Cleaners or Soap	8	8
Insecticides
- Crawling Bug (Aerosol)	15	15
- Crawling Bug (all other forms)	20	20
- Flea and Tick	25	25
- Flying Bug (Aerosol)	25	25
- Flying Bug (all other forms)	35	35
- Foggers	45	45
- Lawn and Garden (all other forms)	20	20
- Lawn and Garden (Non-Aerosol)	3	3
- Wasp and Hornet	40	40
Laundry Prewashes
- Aerosol/Solids	22	22
- All other forms	5	5
Laundry Starch Products	5	4.5
Metal Polishes/Cleaners	30	30
Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products)	50	50
Multi -purpose solvent (See also § 31.7(K) of this Part)	n/a	3
Nail Polish Removers	75	1
Non-selective Terrestrial Herbicides (Non-Aerosols)	3	3
Oven or Grill Cleaners (See also § 31.7(J) of this Part)
- Aerosols/Pump Sprays	8	n/a
- Liquids	5	n/a
- Non-aerosol	n/a	4
- Aerosol	n/a	8
Paint Removers or Strippers (See also § 31.7(M) of this Part)	50	50
Paint Thinner (See also § 31.7(K) of this Part)	n/a	3
Penetrants	50	50
Rubber or Vinyl Protectants
- Non-Aerosols	3	3
- Aerosols	10	10
Sanitizer
- Non-Aerosol	n/a	1
- Aerosol	n/a	70
Sealants and Caulking Compounds	4	4
Shaving Creams	5	5
Shaving Gels	7	4
Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products)	60	60
Spot Removers
- Aerosols	25	25
- Non-Aerosols	8	8
Temporary hair color (non-aerosol)	n/a	55
Tire Sealants and Inflators	20	20
Toilet/Urinal Care Products (See also § 31.7(L) of this Part)
- Aerosols	10	10
- Non-Aerosols	3	3
Undercoatings (aerosols)	40	40
Wood Cleaners
- Aerosols	17	17
- Non-Aerosols	4	4

C. Toxic Air Contaminants in Antiperspirants and Deodorants

1. No person shall sell, supply, offer for sale, or manufacture for sale in Rhode Island any antiperspirant or deodorant which contains any compound that has been identified in 17, Cal Code Reg., § 93000, incorporated in § 31.4(B) of this Part, as a toxic air contaminant.

D. Most Restrictive Limit

1. With the exception of antiperspirants, deodorants, insecticide defoggers and general-purpose cleaners, if, anywhere on the container or packaging of a consumer product or on any sticker or label affixed thereto, any representation is made that the product may be used as, or is suitable for use as, a consumer product for which a lower VOC content limit is specified in this section, then the lowest VOC content limit shall apply.

E. Products that are Diluted Prior to Use

1. Water or Non-VOC Solvent Dilution

a. For consumer products which display, on the label, container or packaging or accompanying literature, a statement that the contents should be diluted with water or non-VOC solvent before use, the VOC content limits listed in § 31.7(B) of this Part, shall apply only after the minimum recommended dilution occurs. For the purposes of this subsection, recommended dilution shall not include a recommendation for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils or stains.

2. VOC Solvent Dilution

a. For consumer products which display, on the label, container or packaging or accompanying literature, a statement that the contents should be diluted with any VOC solvent before use, then the VOC content limits listed in § 31.7(B) of this Part, shall apply only after the maximum recommended dilution occurs.

F. Charcoal Lighter Material Products

1. No person shall sell, supply, or offer for sale any charcoal lighter material product unless the product has been issued and conforms to the conditions in a currently effective certification issued pursuant to the Consumer Products provisions of 17 Cal. Code Reg. §94509(h) . A copy of the CARB certification decision (i.e., the Executive Order), including all conditions established by CARB applicable to the certification, shall be submitted to the Department within thirty (30) days of written request.

G. Aerosol Adhesives

1. In addition to the VOC content limits in § 31.7(B) of this Part. An aerosol adhesive shall be subject to the following applicable standards:

a. If the aerosol adhesive is sold as a special purpose spray adhesive, the product label shall indicate that the adhesive is suitable only for substrates and applications identified in the definition of special purpose spray adhesive in § 31.5(A)(154) of this Part. If the product label indicates that the adhesive is suitable for use on any substrate or application that is not identified in § 31.5(A)(154) of this Part, then the product shall be classified as either a web spray adhesive or a mist spray adhesive; and

b. If the aerosol adhesive meets more than one of the classifications for a special purpose spray adhesive as defined in § 31.5(A)(154) of this Part, and the product is not classified as a web spray adhesive or a mist spray adhesive pursuant to §§ 31.5(A)(173) and 31.5(A)(109) of this Part, then the VOC content limit for the product shall be the lowest applicable VOC content limit specified in § 31.7(B) of this Part, as applicable.

2. No person shall sell, supply, offer for sale, or manufacture for use in Rhode Island any aerosol adhesive which contains any of the following compounds: methylene chloride, perchloroethylene, and trichloroethylene.

H. Floor Wax Strippers

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

a. The label of each non-aerosol floor wax stripper must specify a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of 3 percent (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 must specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of twelve percent (12%) by weight or less.

c. 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 products containing ozone-depleting compounds

1. No person shall sell, supply, offer for sale, or manufacture for sale in Rhode Island any consumer product listed in § 31.7(B) this Part which contains an ozone-depleting compound, except as specified in §§ 31.7(I) (2) and (3) of this Part.

2. The requirements of § 31.7(I)(1) of this Part shall not apply to any product formulation that is manufactured, sold, supplied or offered for sale in Rhode Island, provided that the product complies with § 31.7(B) of this Part, or to any product formulation that is reformulated to meet the VOC content limits in § 31.7(B) of this Part, provided the reformulation does not increase the content of the ozone depleting compound in the product.

3. The requirements of § 31.7(I)(1) of this Part 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.

4. For the purposes of § 31.7(I) of this Part, "ozone-depleting compounds" includes the following compounds:

a. CFC-11 (trichlorofluoromethane)

b. CFC-12 (dichlorodifluoromethane)

c. CFC-113 (1,1,1-trichloro 2,2,2-trifluoroethane)

d. CFC-114 (1,2-dichloro 1,1,2,2-tetrafluoroethane)

e. CFC-115 (chloropentafluoroethane)

f. HCFC-22 (chlorodifluoromethane)

g. HCFC-31 (chlorofluoromethane)

h. HCFC-123 (1,1,1-trifluoro 2,2-dichloroethane)

i. HCFC 123a (1,2-dichloro-1,1,2-trifluoroethane)

j. HCFC-124 (2-chloro 1,1,1,2-tetrafluoroethane)

k. HCFC-141b (1,1-dichloro 1-fluoroethane)

l. HCFC-142b (1-chloro 1,1-difluoroethane)

m. HCFC-151a (1-chloro-1-fluoroethane)

n. HCFC-225ca (3,3-dichloro-1,1,1,2,2-pentafluoropropane)

o. HCFC-225cb (1,3-dichloro-1,1,2,2,3-pentafluoropropane)

p. Methyl chloroform (1,1,1-trichloroethane)

q. Halon 1211 (bromochlorodifluoromethane)

r. Halon 1301 (bromotrifluoromethane)

s. Halon 2402 (dibromotetrafluoroethane)

t. Carbon tetrachloride

J. Additional requirements for bathroom and tile cleaners, construction, panel, and floor covering adhesives, electronic cleaners labeled as energized electronic equipment use only, general purpose cleaners, oven or grill cleaners, contact adhesives, electrical cleaners, electronic cleaners, footwear or leather care products, general purpose degreasers, adhesive removers and graffiti removers;

1. Except as provided in § 31.7(J)(2) of this Part, no person shall sell, supply, offer for sale, or manufacture for sale in Rhode Island:

a. Any bathroom and tile cleaners, construction, panel, and floor covering adhesives, electronic cleaners labeled as energized electronic equipment use only, general purpose cleaners, oven or grill cleaners, manufactured on or after January 1, 2020, that contains methylene chloride, perchloroethylene or trichloroethylene.

(1) Bathroom and tile cleaners, construction, panel, and floor covering adhesives, electronic cleaners labeled as energized electronic equipment use only, general purpose cleaners, oven or grill cleaners, manufactured prior to January 1, 2020, that contains methylene chloride, perchloroethylene or trichloroethylene may be sold, supplied, or offered for sale, if that product complies with the product dating requirements set forth in § 31.8(A) of this Part.

b. Any contact adhesive, electrical cleaner, electronic cleaner, footwear or leather care product, general purpose degreaser, adhesive remover or graffiti remover consumer product, manufactured after July 1, 2009, that contains methylene chloride, perchloroethylene or trichloroethylene.

2. The requirements in § 31.7(J)(1) of this Part do not apply to any bathroom and tile cleaners, construction, panel, and floor covering adhesives, electronic cleaners labeled as energized electronic equipment use only, general purpose cleaners, oven or grill cleaners, contact adhesive, electrical cleaner, electronic cleaner, footwear or leather care product, general purpose degreaser, adhesive remover or graffiti remover consumer product which contains methylene chloride, perchloroethylene or trichloroethylene as an impurity in a combined amount equal to or less than 0.01% by weight.

K. Additional requirements, for multi-purpose solvent or paint thinners, manufactured on or after January 1, 2020:

1. Except as provided in § 31.7(K)(2) of this Part, no person shall sell, supply, offer for sale, or manufacture for sale in Rhode Island any multipurpose solvent or paint thinner that contains methylene chloride, perchloroethylene, or trichloroethylene, or greater than 1% aromatic compound content by weight, except:

a. Multi-purpose solvent aerosols and paint thinner aerosols that contain methylene chloride, perchloroethylene or trichloroethylene, or greater than 1% aromatic compound content by weight and that were manufactured prior to January 1, 2020 may be sold, supplied, or offered for sale, if that product complies with the product dating requirements set forth in § 31.8(A) of this Part;

2. The requirements of § 31.7(K)(1) of this Part shall not apply to any multipurpose solvent or paint thinner that contains any methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01 percent by weight.

3. After January 1, 2020, no person shall sell, supply, offer for sale, or manufacture for use in Rhode Island any flammable or extremely flammable multi-purpose solvent or paint thinner named, on the principle display panel as paint thinner, multi-purpose solvent, clean-up solvent, or paint:

a. This shall not apply to a product that meets either of the following criteria:

(1) A product that includes 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, a "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 16 C.F.R. § 1500.121: "Formulated to meet California VOC limits; see warnings on label," or

(2) A product 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."

b. For the purposes of § 31.7(K)(3) of this Part, 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 16 C.F.R. § 1500.3(c) (6).

L. Additional requirements for solid air fresheners and toilet/urinal care products.

1. No person shall sell, supply, offer for sale or manufacture for sale in Rhode Island any solid air freshener or toilet/urinal care product that contains para-dichlorobenzene.

M. Additional requirement for paint remover and stripper.

1. No person shall sell, supply, offer for sale or manufacture for sale in Rhode Island any consumer paint remover or stripper that contains methylene chloride after November 22, 2019.

N. Sell-through of products

1. Notwithstanding the provisions of §§ 31.7(A), 31.7(G), 31.7(L), 31.7(M) of this Part, a consumer product listed in § 31.7(B) of this Part and manufactured prior to the effective dates specified for that product, may be sold, supplied, or offered for sale if the consumer product complies with the VOC content limits and other applicable requirements in effect at the time such product is manufactured. This exception shall only apply to a product that displays a date or date code as required by § 31.8 of this Part.

250 R.I. Code R. 250-RICR-120-05-31.7

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