Section 20-730. CONSUMER PRODUCTS – CHARCOAL LIGHTER MATERIALS

 

730.1 No person shall sell, supply, or offer for sale any charcoal lighter material product unless at the time of the transaction:

 

(a)The manufacturer can demonstrate that it has been issued a currently effective certification by CARB under the Consumer Products provisions under Subchapter 8.5, Article 2, § 94509(h), of Title 17 of the California Code of Regulations;

 

(1)This certification remains in effect for the District of Columbia for as long as the CARB certification remains in effect; and

 

(2)Any manufacturer claiming such a certification on this basis must submit to the Department a copy of the certification decision (such as, the executive order), including all conditions established by CARB applicable to the certification;

(b) The manufacturer or distributor has been issued a currently effective certification by the Department pursuant to this section;

 

(c)The charcoal lighter material meets the formulation criteria and other conditions specified in an applicable Alternative Control Plan (ACP) Agreement issued pursuant to this section; and

 

(d)The product usage directions for the charcoal lighter material are the same as those provided to the Department pursuant to this section.

 

730.2No charcoal lighter material formulation shall be certified under this section unless the applicant for certification demonstrates to the Department’s satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter material are less than or equal to two one hundredths of a pound (0.02 lb.) of VOC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174, Ignition Method Compliance Certification Protocol, dated February 27, 1991 (the South Coast Air Quality Management District Rule 1174 Testing Protocol).

 

730.3The Department may approve alternative test procedures that are shown to provide equivalent results to those obtained using the South Coast Air Quality Management District Rule 1174 Test Protocol.

730.4The provisions relating to LVP-VOC in § 799 and § 721.1(f) shall not apply to any charcoal lighter material subject to the requirements of this section.

730.5 For certification of a charcoal lighter material formulation, the application shall be in writing and shall include, at a minimum, the following:

 

(a)The results of testing conducted pursuant to the procedures specified in South Coast Air Quality Management District Rule 1174 Testing Protocol as required in § 730.2;

 

(b)The exact text or graphics that will appear on the charcoal lighter material's principal display panel, label, and any accompanying literature;

 

(c)Clearly displayed product usage instructions that accurately reflect the quantity of charcoal lighter material per pound that was used in the South Coast Air Quality Management District Rule 1174 Testing Protocol for that product, unless:

 

(1)The charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes; or

 

(2)The charcoal lighter material is already incorporated into the charcoal, including but not limited to certain bag light, instant light, or match light products;

 

(d)For a charcoal lighter material which meets the criteria specified in § 730.5(c)(1), the usage instructions provided to the Department shall accurately reflect the quantity of charcoal lighter material used in the South Coast Air Quality Management District Rule 1174 Testing Protocol for that product; and

 

(e)Any physical property data, formulation data, or other information required by the Department for use in determining when a product modification has occurred and for use in determining compliance with the conditions specified in an Alternative Control Plan (ACP) Agreement issued pursuant to § 735. 

 

730.6The Department shall comply with the following requirements for approving an application for certification:

 

(a)Within thirty (30) days of receipt of an application, the Department shall advise the applicant in writing either that the application is complete or that specified additional information is required to make it complete;

 

(b)Within thirty (30) days of receipt of additional information, the Department shall advise the applicant in writing either that the application is complete, or that specified additional information or testing is required before it can be deemed complete; and

 

(c)If the Department finds that an application meets the requirements of this section, then the Department shall issue an ACP Agreement certifying the charcoal lighter material formulation and specifying such conditions as are necessary to ensure that the requirements of this section are met. The Department shall act on a complete application within ninety (90) days after the application is deemed complete.

 

730.7For any charcoal lighter material for which certification has been granted by the Department pursuant to this section, the applicant for certification shall notify the Department in writing within thirty (30) days of:

 

(a) Any change in the usage directions; or

(b)Any change in product formulation, test results, or any other information submitted pursuant to this section, which may result in VOC emissions greater than two one hundredths of a pound (0.02 lb.) of VOC per start.

 

730.8 If the Department determines that any certified charcoal lighter material formulation results in a VOC emission from the ignition of charcoal that is greater than two one hundredths of a pound (0.02 lb.) of VOC per start, as determined by the South Coast Air Quality Management District Rule 1174 Testing Protocol, and the statistical analysis procedures contained therein, the Department shall revoke or modify the certification as necessary to ensure that the charcoal lighter material will result in VOC emissions of less than or equal to two one hundredths of a pound (0.02 lb.) of VOC per start. 

 

730.9The Department shall not revoke or modify a certification issued pursuant to this section without first affording the person granted the certification an opportunity for a hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §§ 2-501, et seq. (2006 Repl.), to determine if the certification should be modified or revoked.

 

authority

The Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165 (DCAPC); D.C. Official Code §§ 8-101.05 and 8-101.06(b)(2008 Repl.)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4)(2008 Repl.)), Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006.

source

Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final Rulemaking published at 58 DCR 11286, 11317 (December 30, 2011); as corrected by Errata Notice published at 59 DCR 271 (January 20, 2012).

EditorNote

Section 730 is formerly entitled "Consumer Products - Reporting Requirements." The Notice of Final Rulemaking published at 58 DCR 11286 (December 30, 2011) repealed and replaced it with "Consumer Products - Charcoal Lighter Materials."