Sec. 235-9.1. Test methods

(a) Testing to determine compliance with the requirements of this Part, shall be performed using CARB Test Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products (see Table 1, section 200.9 of this Title). For the purposes of this Subpart, CARB Test Method 310 reference to Executive Officer will be replaced by director, Division of Air Resources, Department of Environmental Conservation. Alternative methods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the director, Division of Air Resources, Department of Environmental Conservation. When approved by the director, Division of Air Resources, Department of Environmental Conservation, the alternative test method will be submitted to the United States Environmental Protection Agency as a State Implementation Plan revision for approval. Information submitted to the director, Division of Air Resources, Department of Environmental Conservation may be claimed as confidential; such information will be handled in accordance with the confidentiality procedures specified in applicable New York State laws and regulations.

(b) VOC content determinations using product formulation and records. Testing to determine compliance with the requirements of this Part 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:

(1) 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 years.

(2) If product records appear to demonstrate compliance with the VOC content limits, but these records are contradicted by product testing performed using CARB Test Method 310 (see Table 1, section 200.9 of this Title), the results of CARB Test Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of this Part.

(c) Determination of liquid or solid. Testing to determine whether a product is a liquid or solid shall be performed using ASTM D 4359-90 (2000)el (see Table 1, section 200.9 of this Title).

(d) Compliance determinations for charcoal lighter material products. Testing 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 (see Table 1, section 200.9 of this Title).

(e) Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D 86-90 (September 28, 1990) (see Table 1, section 200.9 of this Title).

(f) 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 test, processes, or records used in connection with product manufacture.