N.J. Admin. Code § 7:27-24.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27-24.4 - Chemically formulated consumer products: standards

(a) Except as provided at 7:27-24.2 and in (c), (d) and (j) below, no person shall sell, offer for sale, hold for sale, distribute for sale, supply for sale, or manufacture for sale in New Jersey a chemically formulated consumer product that belongs to a chemically formulated consumer product category listed in Table 1 below, that was manufactured on or after the operative date in Table 1 below, and that contains a VOC content in excess of the applicable limit specified in Table 1 below.

TABLE 1
VOC CONTENT LIMITS FOR CHEMICALLY FORMULATED CONSUMER PRODUCTS
Maximum Allowable VOC Content
(percent by weight,<1> unless
otherwise indicated)<2>
State
Standard	State	State
Operative	Standard	Standard
Chemically Formulated	Date	Operative	Operative
Consumer Product	4/30/96-	Date	Date
Category	Form	12/31/04<3>	1/1/05	1/1/09
Adhesive Remover:	Floor or wall covering	5
Gasket or thread	50
locking
General purpose	20
Specialty	70
Adhesives	Aerosol:	75
Mist spray	65
Web spray	55
Special purpose spray
adhesives:
Mounting, automotive
engine	70
compartment, and
flexible vinyl
Polystyrene foam and	65
automotive headliner
Polylolefin and	60
laminate repair/
edgebanding
Contact:	80	80	N/A<5>
Contact general	55
purpose
Contact special	80
purpose
Construction, panel,	40	15
and floor covering
General purpose	10	10
Structural waterproof	(Reserved)	15
Air fresheners	Single-phase aerosols	70	30
Double-phase aerosols	30	25
Liquids/pump sprays	18	18
Solids/semisolids	3	3
Antiperspirants	Aerosols	60 HVOC	40 HVOC
10 MVOC
Non-aerosols	0 HVOC	0 HVOC
0 MVOC
Anti-static products,	11
non-aerosol
Automotive brake	45
cleaners
Automotive rubbing	17
orpolishing
compounds
Automotive waxes,	Hard paste waxes	453
polishes, sealants	Instant detailers
or glazes
All other forms	15
Automotive windshield	35
washer fluids
Bathroom and tile	Aerosols	7	7
cleaners
All other forms	15
Bug and tar removers	40
Carburetor or
fuel-injection air	Aerosols	75	45
intake cleaners	Non-aerosols	75	45
Carpet and upholstery	Aerosols	7
cleaners
Non-aerosols	0.1
(dilutables)
Non-aerosols	3.0
(ready-to-use)
Charcoal lighter	0.02 lb
material	start<4>
Cooking sprays	Aerosols	18	18
Deodorants	Aerosols	20 HVOC	0 HVOC
10 MVOC
Non-aerosols	0 HVOC	0 HVOC
0 HVOC
Dusting aids	Aerosols	35	25
All other forms	7	7
Electrical cleaners	45
Electronic cleaners	75
Engine degreasers	Aerosols	75	35
Non-aerosols	75	5
Fabric protectants	75	60
Fabric polishes/waxes	Products for flexible	7	7
flooring materials
Products for	10	10
nonresilient
flooring
Wood floor wax	90	90
Fabric refreshers	Aerosol	15
Non-aerosol	6
Floor wax strippers	Non-aerosol:
For light or medium	3
build-up
For heavy build-up	12
Footwear or leather	Aerosol	75
care products
Solid	55
Other forms	15
Furniture maintenance	Aerosols	25	17
products
All other forms except	7
solid or paste
General purpose	Aerosols	10	10
cleaners
Non-aerosols	10	4
General purpose	Aerosols	50
degreasers
Non-aerosols	4
Glass cleaners	Aerosols	12	12
All other forms	8
Non-aerosols
Graffiti removers	Aerosol	50
Non-aerosol	30
Hair mousses	16	6
Hair shines	55
Hair sprays	80	55
Hair styling gels	6	6
Hair styling products	Aerosol and pump	6
sprays
All other forms	2
Heavy-duty hand	8
cleaner or soaps
Insecticides	Crawling bug:	40
Aerosols	15
All other forms	20
Flea and tick	25	25
Flying bug:	35
Aerosols	25
All other forms	35
Foggers	45	45
Lawn and garden:	20
Non-aerosols	3
All other forms	20
Wasp and hornet	40
Laundry prewash	Aerosol/solids	22	22
All other forms	5	5
Laundry starch	5	5
products
Metal polishes/	30
cleansers
Multi-purpose	50
lubricants
(excluding solid or
semi-solid products)
Nail polish removers	85	75
Non-selective	Non-aerosols	3
terrestrial
herbicide
Oven cleaners	Aerosols/pump sprays	8	8
Liquids	5	5
Paint removers or	50
strippers
Penetrants	50
Rubber and vinyl	Aerosols	10
protectants
Non-aerosols	3
Sealants and caulking	4
compounds
Shaving creams	5	5	7
Shaving gels
Silicone-based	60
multi-purpose
lubricants
(excluding solid or
semi-solid products)
Spot removers	Aerosols	25
Non-aerosols	8
Tire sealants and	20
inflators
Toilet/urinal care	Aerosol	10
products
Non-aerosol	3
Undercoatings	Aerosols	40
Wood cleaners	Aerosol	17
Non-aerosol	4
Footnotes to Table:
<1> Weight is the product's total weight, exclusive of the packaging.
<2> The Federal VOC limits, which became operative December 10, 1998, are
promulgated at 40 CFR 59, Subpart C, Table 1.
<3> As of January 1, 2005, the State limits operative as of April 30, 1996 are
no longer applicable.
<4> See 7:27-24.4(i) for additional State requirements pertaining to
charcoal lighter material.
<5> On and after January 1, 2009, the contact adhesive category shall be not
applicable and is replaced with two new categories, Contact general purpose
and Contact special purpose.

(b) For the purpose of determining compliance with a VOC content limit set forth in Table 1 above, if the label, packaging, or accompanying literature specifically states that the consumer product should be diluted prior to use, the VOC content of the product shall be determined as follows:

1. If the label, packaging, or accompanying literature states that the product should be diluted with water or non-VOC solvent prior to use, the VOC content of the product shall be determined only after the minimum recommended dilution has taken place. Such 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; and

2. If the label, packaging, or accompanying literature states that the product should be diluted with any VOC solvent prior to use, the VOC content of the product shall be determined only after the maximum recommended dilution has taken place.

(c) Notwithstanding the provisions of (a) above and the specifications of Table 1 above, for a consumer product with a label that is registered under FIFRA, the operative date of the applicable State standard is one year after the operative date specified in Table 1.

(d) Except as provided at (n) through (p), (t) and (u) below, a chemically formulated consumer product manufactured prior to the operative date specified for that product in Table 1 above, may be sold, supplied, or offered for sale after the specified operative date, if that product complies with the standards in effect at the time that product was manufactured, and if that product displays the date or date-code in accordance with the requirements at 7:27-24.5(d), (e) and (f).

(e) For the purpose of determining compliance with a VOC content limit set forth in Table 1 above, the VOC content of a consumer product shall not include the following:

1. Any low vapor pressure-VOC;

2. Any fragrances, up to a combined level of two percent by weight, contained in the product, not including the weight of any packaging; and

3. For an antiperspirant or deodorant, the following:

i. Any colorants contained in the product, up to a combined level of two percent by weight;

ii. With respect to the medium volatility organic compound (MVOC) content standards, ethanol; and

iii. Those VOCs that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of two mm Hg or less at 20 degrees Celsius.

(f) If an aerosol adhesive could be classified in more than one chemically formulated consumer product category listed in Table 1, the standard for the category with the lowest applicable VOC limit applies.

(g) If anywhere on the principal display panel of a consumer product manufactured before January 1, 2009, or any FIFRA-registered insecticide manufactured before January 1, 2010, any representation is made that the product may be used as, or is suitable for use as, a consumer product that belongs to more than one chemically formulated consumer product category in Table 1 at (a) above, then the lowest VOC content limit shall apply. However, this subsection does not apply to general purpose cleaners, antiperspirants, deodorants, and insecticide foggers.

(h) If anywhere on the principal display panel of a consumer product manufactured on or after January 1, 2009, or any FIFRA-registered insecticide manufactured on or after January 1, 2010, 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 that belongs to more than one chemically formulated consumer product category in Table 1 at (a) above, then the lowest VOC content limit shall apply. This requirement does not apply to general purpose cleaners, antiperspirants, deodorants and insecticide foggers.

(i) No person shall sell, offer for sale, hold for sale, distribute, supply, or manufacture for sale in New Jersey, on or after January 1, 2005, a charcoal lighter material product, even if it conforms with the VOC content standards in (a) above, unless the following requirements are met:

1. CARB or the air pollution agency of another state has issued certification that attests that it is satisfied that the VOC emissions from the ignition of charcoal with the charcoal lighter material are less than or equal to 0.020 pounds of VOC per start;

2. The certification is currently effective at the time of sale. The Department shall consider the certification to be in effect for as long as the issuing State agency considers the certification to remain in effect; and

3. The product usage directions for the charcoal lighter material provided on the label, packaging, or accompanying literature are the same as those on which the certification is based.

(j) A chemically formulated consumer product is exempt from (a) above and (n) below if:

1. The manufacturer of the product has been granted an IPE, ACP or variance for the product by either:

i. CARB, pursuant to its antiperspirants and deodorants, consumer products, alternative control plan or automotive consumer products regulations (including all amendments and supplements) at 17 CCR 94503.5, 94505, 94511, 94514, 94540 through 94555 or 93111, respectively; or

ii. By the air pollution control agency of another state that has adopted a consumer product rule based on or substantially equivalent to the Ozone Transport Commission (OTC) "Model Rule for Consumer Products" dated November 29, 2001, including subsequent revisions (accessible at the OTC's website at http://www.otcair.org); and

2. The IPE, ACP, or variance is valid for use in New Jersey pursuant to (k) below.

(k) An IPE, ACP, or variance in (j) above shall not be valid for use in New Jersey to comply with this subchapter unless:

1. The IPE, ACP, or variance is currently in effect (the Department shall consider an IPE, ACP, or variance to be in effect if the issuing agency deems the exemption to be in effect);

2. The product (including its form) for which the IPE, ACP, or variance is being used to comply with this section meets the following:

i. The product belongs to a chemically formulated consumer product category that is subject to a VOC content limit set in Table 1 above; and

ii. The VOC content limit promulgated for this product by the agency that issued the IPE, ACP, or variance, is equal to or more stringent than the most stringent applicable VOC content limit in Table 1 above;

3. For a variance, the approval is based on the issuing agency's finding that:

i. Requiring the manufacturer's compliance with the standard would, because of reasons beyond the reasonable control of the applicant, result in extraordinary economic hardship for the manufacturer;

ii. The public interest in mitigating this hardship to the manufacturer outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and

iii. The manufacturer's proposed methods for achieving compliance with the standard can reasonably be implemented and will achieve compliance as expeditiously as possible;

4. For an IPE, the manufacturer demonstrates by clear and convincing evidence that, due to some characteristic of the product formulation, design, delivery systems, or other factor, the use of the product will result in less VOC emissions as compared to either the VOC emissions from a representative chemically formulated consumer product that complies with the VOC content limits specified in Table 1 above, or as compared to the calculated VOC emissions from a noncomplying representative product, if the product had been reformulated to comply with the VOC limits specified in Table 1 above;

5. Prior to relying on an IPE, ACP, or variance for compliance, the manufacturer has submitted to the Department, in accordance with (l) below, the following:

i. A statement that, for a specified chemically formulated consumer product that it manufactures, it intends to comply with this section under an IPE, ACP, or variance rather than meet the applicable VOC content standards in Table 1 above;

ii. The brand name of the consumer product, and the specific chemically formulated consumer product category in Table 1 above to which the product belongs, including its form(s) (if applicable);

iii. A copy of the document(s) setting forth the IPE, ACP, or variance; the issuing agency's approval; the issuing agency's conditions of its approval; the demonstration of (k)4 above if an IPE; and any documents from the issuing agency that subsequently modify or terminate its conditions of approval; documentation demonstrating compliance with the IPE, ACP or variance; and

iv. A statement that the IPE, ACP, or variance, as well as the product for which the IPE, ACP, or variance is being used, conforms with (k)1 through 4 above, as applicable; and

6. The manufacturer has included in its electronic registration, submitted pursuant to 7:27-24.5(a), (b) and (c), indication that for the specified product it is complying with this section under an IPE, ACP or variance.

(l) Any submittal made pursuant to (k)5 above shall be sent to the address given at 7:27-24.3(d) and the envelope or package shall be labeled as follows:

1. For an IPE, "Attention: Consumer Product Innovative Product Exemption";

2. For an ACP, "Attention: Consumer Product Alternative Control Plan"; or

3. For a variance, "Attention: Consumer Product Variance."

(m) On and after January 1, 2005, no person shall sell, offer for sale, hold for sale, distribute, supply, or manufacture for sale in New Jersey, an aerosol adhesive product that contains methylene chloride, perchloroethylene, or trichloroethylene, even if its VOC content conforms with the standards required pursuant to (a) above.

(n) Except as provided at 7:27-24.2(f), and at (o), (q) and (r) below, on and after January 1, 2009, no person shall sell, offer for sale, hold for sale, distribute for sale, supply for sale, or manufacture for sale in New Jersey any contact adhesive, electronic cleaner, footwear or leather care product, general purpose degreaser, adhesive remover, electrical cleaner, graffiti remover or automotive consumer product that contains a chlorinated toxic air contaminant even if it meets the VOC content standards at (a) above.

(o) Any contact adhesive, electronic cleaner, footwear or leather care product, general purpose degreaser, adhesive remover, electrical cleaner, graffiti remover or automotive consumer product that was manufactured before January 1, 2009 and contains a chlorinated toxic air contaminant may be sold, offered for sale, held for sale, distributed, or supplied through December 31, 2011, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with 7:27-24.5 and the product otherwise meets the VOC content standards at (a) above.

(p) On or after June 30, 2011, any person who sells or supplies for salea consumer product identified in (o) above to a distributor or retailer must notify the distributor or retailer in writing that the product cannot be sold after December 31, 2011.

(q) The requirements of (n) through (p) above do not apply to any contact adhesive, electronic cleaner, footwear or leather care product, general purpose degreaser, adhesive remover, electrical cleaner, graffiti remover that contains a chlorinated toxic air contaminant that is present as an impurity in a combined amount equal to or less than 0.01 percent by weight.

(r) For purposes of (n) above, an automotive consumer product contains a chlorinated toxic air contaminant if the product contains 1.0 percent or more by weight (exclusive of the container or packaging) of methylene chloride, perchloroethylene, or trichloroethylene, as determined by the test method specified in 7:27-24.7(b).

(s) On and after January 1, 2009, no person shall sell, supply for sale, offer for sale, or manufacture for use in New Jersey any solid air fresheners or toilet/urinal care products that contain paradichlorobenzene, except that solid air fresheners and toilet/urinal care products that contain paradichlorobenzene and were manufactured before January 1, 2009 may be sold, supplied, or offered for sale through December 31, 2011, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with 7:27-24.5.

(t) On or after June 30, 2011, any person who sells or supplies for sale a solid air freshener or toilet/urinal care product that contains paradichlorobenzene to a distributor or retailer must notify the distributor or retailer in writing that the product cannot be sold after December 31, 2011.

N.J. Admin. Code § 7:27-24.4

Recodified from N.J.A.C. 7:27-24.3 and amended by R.2004 d.182, effective 5/3/2004 (operative June 6, 2004).
See: 35 N.J.R. 4241(b), 36 N.J.R. 2218(a).
Rewrote the section. Former N.J.A.C. 7:27-2.4, Administrative requirements, recodified to N.J.A.C. 7:27-2.5.
Amended by R.2008 d.366, effective 12/1/2008 (operative December 29, 2008).
See: 39 N.J.R. 4492(a), 40 N.J.R. 6769(a).
Rewrote the section.
Administrative correction.
See: 41 N.J.R. 584(a).