New Jersey Administrative Code|Section 7:27-24.7 - Chemically formulated consumer products: testing

                                                
 § 7:27-24.7. Chemically formulated consumer products: testing 
 
(a) Upon the written request of the Department, any manufacturer of a chemically formulated consumer product subject to the requirements of this subchapter shall test any of its products that are sold, offered for sale, held for sale, distributed, supplied, or manufactured for sale in New Jersey to determine the VOC content of the product (or in the case of charcoal lighter material, its emissions per start) or the amount of a chlorinated toxic air contaminant the product contains. Such testing shall be performed utilizing the test methods in (b) through (g) below, as applicable.
 
(b) Testing to determine compliance with the VOC content limits at 7:27-24.4(a) or the prohibition of chlorinated toxic air contaminants at 7:27-24.4(n) shall be performed using:
 
1. CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997, as supplemented or amended, which is incorporated by reference herein. For purposes of determining compliance with 7:27-24.4 (l) through (o), Sections 3.5 and 3.7 of CARB Method 310 shall be used and the term "VOC" in those sections shall be interpreted as meaning "chlorinated toxic air contaminant"; or
 
2. An alternative method that is shown to accurately determine the concentration of VOCs or chlorinated toxic air contaminants in a product. Such methods must first be approved in writing by the Department and EPA.
 
(c) Compliance with a VOC content limit at 7:27-24.4(a) may also be demonstrated through calculation of the VOC content of a consumer product from records of the amounts of constituents used to make the product (excluding packaging), pursuant to the following criteria: 
 
1. Compliance determinations based on these records may not be used unless the manufacturer of a chemically formulated consumer product keeps, for each day of production, accurate records of the amount and chemical composition of the individual product constituents. These records must be kept for at least five years;
 
2. For the purposes of this subsection, the VOC content of a product shall be calculated according to the following equation: 
 
 
 
 VOC Content = (B-C) x 100
 
 
 
 A
 
 
 
where,
 
 
 
A = 
 
total net weight of a unit of product (excluding any packaging);
 
 
 
B = 
 
total weight of all VOCs in the constituents used to make the
 
 
 
product, per unit;
 
 
 
C = 
 
total weight of VOCs exempted under 7:27-24.4(e), per
 
 
 
unit; and
 
 
 
3. If the calculations for VOC content based on product records appear to demonstrate compliance with the VOC limits, but these calculations are contradicted by the results of product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence over the calculations based on product records and may be used to establish a violation of the requirements of the VOC content limits set forth in this subchapter.
 
(d) Testing to determine whether a product is a liquid or a solid shall be performed using ASTM D4359-90(2006), "Standard Test Method for Determining Whether a Material is a Liquid or a Solid," as supplemented or amended, which is incorporated by reference herein.
 
(e) Testing to determine compliance with the standards for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991), including subsequent revisions, which is incorporated by reference herein.
 
(f) Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-07b, as supplemented or amended, which is incorporated by reference herein.
 
(g) Testing to determine whether a material is a "plasticizer" may be determined using ASTM Method E260-96(2006), as supplemented or amended, which is incorporated by reference herein.
 
(h) The Department may require any manufacturer that is required to perform testing pursuant to (a) above to provide to the Department product samples that are duplicates of the samples tested.
 
(i) Test methods can be obtained as follows: 
 
1. ASTM test methods can be purchased from the American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959; Telephone (610) 832-9585; Fax (610) 832-9555; or ASTM test methods can be purchased from the ASTM website at http://www.ASTM.org ;
 
2. SCAQMD test methods can be purchased from the South Coast Air Quality Management District, 21865 East Copley Drive, Diamond Bar, California 91765-0934; Telephone (909) 396-2162;
 
3. CARB Method 310 is available on the web at http://www.arb.ca.gov/testmeth/cptm/cptm.htm .
 (Recodified from N.J.A.C. 7:27-24.5 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. 7:27-24.7, Civil or criminal penalties, recodified to N.J.A.C. 7:27-24.12. 
 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). 
 In (a), inserted "or the amount of a chlorinated toxic air contaminant the product contains"; rewrote (b); in (d), substituted "(2006" for "(reapproved June, 2000)" and substituted "as supplemented or amended" for "including subsequent revisions"; in (d) and (f), substituted "as supplemented or amended" for "including subsequent revisions"; in (f), substituted "D86-07b" for "D86-90 (Sept. 28, 1990)"; and in (g), substituted "E260-96(2006), as supplemented or amended" for "E260-91, including subsequent revisions".)