Section 20-734. CONSUMER PRODUCTS – TEST METHODS

 

734.1Testing to determine compliance with the requirements of §§ 720 through 737 shall be performed using CARB Method 310, Determination of Volatile Organic Compounds (VOCs) in Consumer Products, adopted September 25, 1997, and as last amended on May 5, 2005, including any subsequent amendments, incorporated herein by reference. The requirements of Sections 3.5, 3.6, and 3.7 of CARB Method 310 define a process for the initial determination of VOC content, the determination of LVP VOC status of compounds and mixtures, and the final determination of VOC content, and are incorporated in paragraphs (a) through (c) of this subsection as follows:

 

  (a)Pursuant to Section 3.5 of CARB Method 310, Initial Determination of VOC Content, the Department shall determine the VOC content pursuant to Sections 3.2 and 3.3 of CARB Method 310. Only those components with concentrations equal to or greater than one tenth of a percent (0.1%) by weight shall be reported:

 

(1)Pursuant to Section 3.5.1 of CARB Method 310, using the appropriate formula specified in Section 4 of CARB Method 310, the Department shall make an initial determination of whether the product meets the applicable VOC standards specified in CARB regulations. If initial results show that the product does not meet the applicable VOC standards, the Department may require additional testing to confirm the initial results;

 

(2)Pursuant to Section 3.5.2 of CARB Method 310, if the results obtained under Section 3.5.1 of CARB Method 310 show that the product does not meet the applicable VOC standards, the Department shall request that the product manufacturer or responsible party supply product formulation data:

 

(A)The manufacturer or responsible party shall supply the requested information; and

 

(B)Information submitted to the Department may be claimed as confidential in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106;

 

(3)Pursuant to Section 3.5.3 of CARB Method 310, if the information supplied by the manufacturer or responsible party shows that the product does not meet the applicable VOC standards, then the Department will take appropriate enforcement action; and

 

(4)Pursuant to Section 3.5.4 of CARB Method 310, if the manufacturer or responsible party fails to provide formulation data as specified in Section 3.5.2 of CARB Method 310, the initial determination of VOC content under Section 3.5 of CARB Method 310 shall determine if the product is in compliance with the applicable VOC standards. This determination may be used to establish a violation of District of Columbia regulations;

 

(b)Pursuant to Section 3.6 of CARB Method 310, Determination of the LVP-VOC Status of Compounds and Mixtures, Section 3.6 of CARB Method 310 does not apply to antiperspirants and deodorants or aerosol coating products because there is no LVP-VOC exemption for these products;

 

(1)Pursuant to Section 3.6.1 of CARB Method 310, Formulation Data, if the vapor pressure is unknown, the following ASTM methods may be used to determine the LVP-VOC status of compounds and mixtures: ASTM D 86-04b, ASTM D 850-00, ASTM D 1078-01, ASTM D 2879-97), as modified in Appendix B to Method 310, ASTM D 2887-01 and ASTM E 1719-97, including any subsequent amendments;

 

(2)Pursuant to Section 3.6.2 of CARB Method 310, LVP-VOC Status of Compounds or Mixtures, the Department will test a sample of the LVP-VOC used in the product formulation to determine the boiling point for a compound or for a mixture;

 

(A)If the boiling point exceeds two hundred sixteen degrees Celsius (216o C) or four hundred twenty-one degrees Fahrenheit (421o F), the compound or mixture is an LVP-VOC;

 

(B)If the boiling point is less than two hundred sixteen degrees Celsius (216o C) or four hundred twenty-one degrees Fahrenheit (421o F), then the weight percent of the mixture that boils above two hundred sixteen degrees Celsius (216o C) or four hundred twenty-one degrees Fahrenheit (421o F) is an LVP-VOC; and

 

(C)The Department will use the nearest five percent (5%) distillation cut that is greater than two hundred sixteen degrees Celsius (216o C) or four hundred twenty-one degrees Fahrenheit (421o F) as determined under Section 3.6.1 of CARB Method 310 to determine the percentage of the mixture qualifying as an LVP-VOC; and

 

(3)Pursuant to Section 3.6.3 of CARB Method 310, Reference Method for Identification of LVP-VOC Compounds and Mixtures, if a product does not qualify as an LVP-VOC under Section 3.6.2 of CARB Method 310, the Department will test a sample of the compound or mixture used in a products formulation utilizing one or both of the following: ASTM D 2879-97, as modified in Appendix B to Method 310, and ASTM E 1719-97, to determine if the compound or mixture meets the CARB requirements in § 94508(91)(A) of Title 17 of the California Code of Regulations including any subsequent amendments; and

 

(c)Pursuant to Section 3.7 of CARB Method 310, Final Determination of VOC Content, if a product’s compliance status is not satisfactorily resolved under Sections 3.5 and 3.6 of CARB Method 310, the Department will conduct further analyses and testing as necessary to verify the formulation data:

 

  (1)Pursuant to Section 3.7.1 of CARB Method 310, if the accuracy of the supplied formulation data is verified and the product sample is determined to meet the applicable VOC standards, then no enforcement action for a violation of the VOC standards will be taken;

 

 (2)Pursuant to Section 3.7.2 of CARB Method 310, if the Department is unable to verify the accuracy of the supplied formulation data, then the Department will request that the product manufacturer or responsible party supply information to explain the discrepancy; and

 

(3)Pursuant to Section 3.7.3 of CARB Method 310, if a discrepancy exists that cannot be resolved between the results of CARB Method 310 and the supplied formulation data, then the results of CARB Method 310 shall take precedence over the supplied formulation data. The results of CARB Method 310 shall then determine if the product is in compliance with the applicable VOC standards, and may be used to establish a violation of District of Columbia regulations.

 

734.2Alternative methods that are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the Department.

 

734.3Testing to determine compliance with the requirements of §§ 734 through 737 may also be demonstrated through calculation of the VOC content from records of the amounts of constituents used to make the product pursuant to the following criteria: 

 

(a) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records must be kept for at least three (3) years;

 

(b)For the purposes of this section, the VOC content shall be calculated according to the following equation:

 

VOC Content = B - C x 100

        A

where:

 

A=total net weight of unit, excluding container and packaging;

 

B=total weight of all VOCs, as defined in § 799, per unit;

 

C=total weight of VOCs exempted under § 721, per unit;

 

(c)If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence over the product records and may be used to establish a violation of District of Columbia regulations.

 

734.4 Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90(2000)e1, including any subsequent amendments, which are incorporated by reference herein.

 

734.5Testing to determine compliance with the certification requirements 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 any subsequent amendments, which are incorporated by reference herein.

 

734.6Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-04b, including any subsequent amendments, which are incorporated by reference herein.

 

734.7 No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other tests, processes, or records used in connection with product manufacture.

 

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, 11325 (December 30, 2011).

EditorNote

Section 734 is formerly entitled, "Consumer Products - Variance Requirements." The Notice of Final Rulemaking published at 58 DCR 11286 (December 30, 2011) repealed and replaced it with "Consumer Products - Test Methods."