VOC Content Restrictions on Consumer Products - Revised NYDEC Rule

In January 2010, revised New York Department of Conservation (DEC) regulations became effective relating to the volatile organic compound (VOC) content of certain consumer products. In 2009, DEC made revisions to Part 235-2.1 including definitions for eleven new categories of consumer products that are being regulated in the revised Part 235. The new categories are: adhesive remover, anti-static (non-aerosol), electrical cleaner, electronic cleaner, fabric refresher, footwear or leather care, graffiti remover, hair styling products, shaving gel, toilet/urinal care, and wood cleaner. DEC also added definitions for the contact adhesive product category and is revised the definitions for two previously regulated product categories: air fresheners and general purpose degreasers.

DEC also modified several of the existing definitions and added other new definitions. For example, the Department revised the existing definition of "deodorant" and added a new definition for "deodorant body spray." Some of the new definitions come from the revised Ozone Transport Commission (OTC) model rule for Consumer Products. These definitions include: "APC VOC Standard," "Energized electrical cleaner," and "Existing product."

The revisions to section 235-3.1 amended the Table of Standards to include the VOC limits for the new categories and the revised VOC limits for the Contact Adhesive product category. The prohibitions concerning sale of these consumer products apply to products manufactured on or after January 1, 2010 which contain VOCs in excess of the VOC content limits specified in the Table of Standards (Subpart 235-3.1[a]).

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