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Indiana Administrative Code (Last Updated: December 20, 2016) |
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Title 326. AIR POLLUTION CONTROL DIVISION |
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Article 326IAC8. VOLATILE ORGANIC COMPOUND RULES |
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Rule 326IAC8-15. Standards for Consumer and Commercial Products |
Section 326IAC8-15-8. Record keeping and reporting requirements
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(a) The department may require any responsible party to report information, within ninety (90) days written notice, for any consumer product or products the department may specify, including, but not limited to, all or part of the following information:
(1) The name, address, and telephone number of the responsible party and the name and telephone number of the responsible party's designated contact person.
(2) Any claim of confidentiality made under 326 IAC 17.1.
(3) The product brand name for each consumer product and the product label.
(4) The product category to which the consumer product belongs.
(5) The applicable product form or forms listed separately.
(6) An identification of each product brand name and form as a "Household Product" or "I & I Product", or both.
(7) Separate Indiana sales in pounds per year, to the nearest pound, and the method used to calculate Indiana sales for each product form.
(8) For information submitted by multiple companies, an identification of each company that is submitting relevant data, separate from that submitted by the responsible party. All information from all companies shall be submitted within ninety (90) days written notice from the department.
(9) For each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following, rounded to the nearest one-tenth percent (0.1%):
(A) Total of Table B compounds.
(B) Total of LVP-VOCs that are not fragrances.
(C) Total of all other carbon containing compounds that are not fragrances.
(D) Total of all noncarbon containing compounds.
(E) Total of fragrance.
(F) For products containing greater than two percent (2%), by weight, fragrance:
(i) the percent of fragrance that is LVP-VOCs; and
(ii) the percent of fragrance that is all other carbon containing compounds.
(G) Total of para-dichlorobenzene.
(10) For each product brand name and form, the identity, including the specific chemical name and associated Chemical Abstract Services (CAS) number, of the following:
(A) Each Table B compound.
(B) Each LVP-VOC that is not a fragrance.
(11) If applicable, the weight percent comprised of propellant for each product.
(12) If applicable, an identification of the type of propellant (Type A, Type B, Type C, or a blend of the different types).
(b) If the responsible party does not have or does not provide the information requested, the department may require the reporting of this information by the person that has the information, including, but not limited to, any of, the following:
(1) The formulator.
(2) The manufacturer.
(3) The supplier.
(4) The parent company.
(5) The private labeler.
(6) The distributor.
(7) The repackager.
(c) The following special reporting requirements apply to consumer products subject to this rule that contain perchloroethylene or methylene chloride:
(1) For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold in Indiana upon request of the department within ninety (90) days written notice:
(A) The product brand name and a copy of the product label with legible usage instructions.
(B) The product category to which the consumer product belongs.
(C) The applicable product form or forms (listed separately).
(D) For each product form listed, the total sales in Indiana during the calendar year, to the nearest pound (exclusive of the container and packaging), and the method used for calculating the Indiana sales.
(E) The weight percent, to the nearest one-tenth percent (0.10%), of perchloroethylene and methylene chloride in the consumer product.
(2) For purposes of this subsection, "contains perchloroethylene or methylene chloride" means the product contains one percent (1.0%) or more by weight (exclusive of the container or packaging) of either perchloroethylene or methylene chloride.
(d) Persons subject to this rule shall do the following:
(1) Maintain all records for a minimum of three (3) years.
(2) Make records available to the department and U.S. EPA upon request.
(e) Any person supplying information under this rule may request that the information be kept confidential as trade secret information, and the department will evaluate the claim in accordance with 326 IAC 17.1. (Air Pollution Control Division; 326 IAC 8-15-8; filed Nov 1, 2010, 12:38 p.m.: 20101201-IR-326070351FRA)