Section 20-733. CONSUMER PRODUCTS – REPORTING REQUIREMENTS

 

733.1Upon ninety (90) days written notice, the Department may require any responsible party to report information for any consumer product or products the Department may specify. Such report may include, but is not limited to, the following information:

 

(a)The company name, address, telephone number, and designated contact person of the responsible party;

 

(b)Any claim of confidentiality made pursuant to applicable District of Columbia confidentiality requirements in 20 DCMR § 106;

 

(c)The product brand name for each consumer product subject to reporting;

 

(d)The product category to which the consumer product belongs pursuant to the Table of Standards in § 720.1;

 

(e)The applicable product form(s) listed separately;

 

(f)An identification of each product brand name and form as a “Household Product”, “Industrial and Institutional Product”, or both;

 

(g)Separate District of Columbia sales calculated in VOC pounds per year, to the nearest pound, and the method used to calculate District of Columbia sales for each product form;

 

(h)For information submitted by multiple companies, an identification of each company which is submitting relevant data separate from that submitted by the responsible party;

 

(i)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 of a percent (0.1%):

 

(1)Total Table B compounds;

(2)Total LVP-VOCs that are not fragrances;

(3)Total of all other carbon-containing compounds that are not fragrances;

(4)Total of all non-carbon-containing compounds;

(5)Total fragrance;

 

(6)For products containing greater than two percent (2%) by weight fragrance the percent of fragrance that are LVP-VOCs; and the percent of fragrance that are all other carbon-containing compounds; and

(7)Total paradichlorobenzene;

 

(j)For each product brand name and form, the identity, including the specific chemical name and associated Chemical Abstracts Service (CAS) number, of the following:

 

(1)Each Table B compound; and

(2)Each LVP-VOC that is not a fragrance;

 

(k)If applicable, the weight percent comprised of propellant for each product; and

 

(l)If applicable, an identification of the type of propellant indicating whether it is Type A, Type B, Type C, or a blend of each type.

 

733.2In addition to the requirements of § 733.1(j), the responsible party shall report or arrange to have reported to the Department the net percent by weight of each ozone-depleting compound that is:

 

(a)Listed in § 724.1; and

 

(b)Contained in a product subject to reporting under § 733.1 in any amount greater than one tenth of a percent (0.1%) by weight.

 

733.3If the responsible party does not have or does not provide the information requested in § 733.1 and 733.2, the Department may require the reporting of this information by the person that has the information including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

 

733.4All information submitted by any person pursuant to § 733 shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106.

 

733.5Consumer products that contain perchloroethylene or methylene chloride shall comply with the following special reporting requirements:

(a) The requirements of this section shall apply to all responsible parties for consumer products that are subject to the Table of Standards in § 720.1 and contain perchloroethylene or methylene chloride and energized electrical cleansers as defined in § 799, that contain perchloroethylene or methylene chloride; and

 

(b)For the purposes of this subsection, a product contains perchloroethylene or methylene chloride if the product contains one percent (1.0%) or more by weight, exclusive of the container or packaging, of either perchloroethylene or methylene chloride. 

 

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, 11323 (December 30, 2011).

EditorNote

Section 733 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 - Reporting Requirements."