New Jersey Administrative Code|Section 7:27-24.4 - Chemically formulated consumer products: standards

                                                
 § 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.
 
(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.
 
(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.
 (Recodified from N.J.A.C. 7:27-24.3 and amended by R.2004 d.182, effective May 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 December 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).)