REGULATION FOR LIMITING OZONE EMISSIONS FROM INDOOR AIR

[Guest guest]

DRAFT* 6-5-2007

1 Proposed Regulation Order

REGULATION FOR LIMITING OZONE EMISSIONS FROM INDOOR AIR

CLEANING DEVICES

http://www.arb.ca.gov/research/indoor/aircleaners/proposed_reg_order_

6-5-07.pdf

Subchapter 8.7 Indoor Air Cleaning Devices

Adopt Title 17, California Code of Regulations, Sections 94800,

94801, 94802, 94803,

94804, 94805, 94806, 94807, 94808, 94809, and 94810 as follows:

Article 1. Indoor Air Cleaning Devices

94800. Applicability

Except as provided in Section 94803, this article shall apply to any

person who

manufactures, sells, supplies or offers for sale indoor air cleaning

devices in the

state of California for use in occupied spaces.

NOTE: Authority cited: Section 41986, Health and Safety Code.

Reference: Sections 41985, 41985.5, Health and Safety Code.

94801. Definitions

(a) For the purpose of this article, the following definitions apply:

(1) " Air exchange rate " means the rate at which outdoor air replaces

the volume of

indoor air within a given space.

(2) " ANSI " means American National Standards Institute.

(3) " ARB " means the California Air Resources Board.

(4) " CCR " means the California Code of Regulations.

(5) " CFR " means the U. S. Code of Federal Regulations.

(6) " Concentration " means the amount of a specified substance in a

unit amount of

another substance.

(7) " de minimis " refers to a quantity so little, small, miniscule or

tiny that the law

does not refer to it and will not consider it.

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(8) " Distributor " means any person to whom an indoor air cleaning

device is sold or

supplied for the purposes of resale or distribution in commerce.

(9) " Emission " means the release or discharge of a substance into the

environment.

(10) " Executive Officer " means the Executive Officer of the Air

Resources Board or

the Executive Officer's designee.

(11) " Half-life " means the time required for the concentration of a

substance to be

reduced to half of its initial value.

(12) " Indoor air cleaning device " means an energy-using product

whose stated

function is to reduce the concentration of airborne pollutants,

including but not

limited to allergens, microbes (e.g., bacteria, fungi, viruses, and

other

microorganisms), dusts, particles, smoke, fumes, gases or vapors,

and odorous

chemicals, from the air inside an enclosed space. Such devices

include, but

are not necessarily limited to, portable devices of any size

intended for cleaning

the air nearest a person, in a room of any size, in a whole house or

building, or

in a motor vehicle; and stand-alone devices designed to be attached

to a wall,

ceiling, post, or other indoor surface.

(13) " Industrial use " or " industrial application " means the

purification of water in an

industrial plant, water treatment facility, municipal water

facility, or similar

facility; the destruction of microbes on produce in an agricultural

processing

plant, refrigerated transport truck, or related facility; and

bleaching and other

processing purposes in the pulp and paper industry.

(14) " Manufacturer " means any person who imports, manufactures,

assembles,

produces, or packages an indoor air cleaning device.

(15) " Medical device " means any indoor air cleaning device intended

or advertised

for the cure, mitigation, treatment, or prevention of disease in

humans or other

animals.

(16) " Mechanical filtration " means removal of suspended particles

from air via

filtration with physical barrier, non-electronic techniques, i.e.

air is forced

through a filter medium. Materials used in the construction of the

filter media

may include substances such as activated charcoal, paper, foam,

synthetics,

ceramics, or natural fibers.

(17) " Model group " means indoor air cleaning devices sharing the

same design,

operational features, device output, and performance

characteristics, and

manufactured by the same manufacturer. Units in the same model group

may

be marketed under different brand names. Units that differ only in

decorative

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treatments such as color, remote control, or other cosmetic features

not related

to ozone output would belong to the same model group.

(18) " NIST " means the U.S. National Institute of Standards and

Technology

(19) " Non-medical device " means any indoor air cleaning device that

does not meet

the definition of " medical device " above.

(20) " NRTL " means Nationally Recognized Testing Laboratory, as

recognized by

U.S. OSHA per 29 CFR 1910.7.

(21) " Occupied space " means an area within a building, structure,

enclosure, or

vehicle that is, or may be, physically occupied by a human being.

(22) " OSHA " means U.S. Occupational Safety and Health Administration.

(23) " Parent company " means the highest level company or group of

companies that

own or directly control the reporting facility.

(24) " ppm " is a unit of concentration measure meaning parts per

million by volume.

For the purposes of this regulation the volume considered is air and

the

substance of interest is ozone.

(25) " Retailer " means any person who sells, supplies, or offers for

sale, indoor air

cleaning devices, directly to consumers.

(26) " Supply " means to make available for purchase or use.

(27) " UL " means Underwriters Laboratories, Inc.

(28) " Unoccupied space " means an area within a building, structure,

enclosure, or

vehicle that is not, or may not be, physically occupied by a human

being.

(29) " U.S. " means United States of America.

NOTE: Authority cited: Section 41986, Health and Safety Code.

Reference: Sections 41985, 41985.5, Health and Safety Code; 29CFR

1910.7, 21CFR

801.415.

94802. Standards for Indoor Air Cleaning Devices

Except as provided in Section 94803 (Exclusions and Exemptions),

Title 17,

California Code of Regulations, no person or business shall

manufacture for use in

California after September 30, 2008, or sell, supply, offer for

sale, or introduce into

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commerce within California after March 30, 2009, any indoor air

cleaning device unless

the device is certified by ARB to produce an emission concentration

not exceeding

0.050 ppm, as specified in Section 94804; is labeled as required in

Section 94806;

meets all requirements of this article; and continues to meet all

requirements of this

article, including the ozone emissions limit as determined by the

test procedure in

Section 94805.

NOTE: Authority cited: Section 41986, Health and Safety Code.

Reference: Sections 41985, 41985.5, Health and Safety Code.

94803. Exclusions and Exemptions

(a) Industrial use: The provisions of this article do not apply to

indoor air cleaning

devices manufactured, advertised, marketed, labeled, and used solely

for

industrial use as defined in Section 94801(a)(13) above, provided

that they are

marketed solely through industrial supply outlets or businesses and

prominently

labeled as " Solely for industrial use. Potential health hazard:

emits ozone " .

( Air cleaning devices designed, marketed, and used solely as a

physically

integrated part of a central heating, air conditioning, or

ventilating system, such

as an " in-duct system " , are exempt from this regulation at this

time. They may be

regulated in the future if data show that their ozone emissions pose

a risk to

human health.

NOTE: Authority cited: Section 41986, Health and Safety Code.

Reference: Sections 41985, 41985.5, Health and Safety Code.

94804. Certification Requirements

(a) Each manufacturer of an indoor air cleaning device subject to

Section 94802 is

required to submit an application for certification to the ARB

Executive Officer,

P.O. Box 2815, Sacramento, CA 95812, Attn: Indoor Air Cleaning Device

Certification. Information submitted on the certification

application must be true

and correct. Applications may be submitted by a professional

association or

certification organization on behalf of a manufacturer, as long as

all required

information and signatures from the manufacturer and test lab

representatives

are included. Upon verification of compliance with the test methods

described in

Section 94805, from a laboratory meeting the performance

specifications in

Section 94805(d), the ARB will issue an Executive Order that the

indoor air

cleaning device has completed certification for sale of the device

within

California. Certification will be granted to manufacturers, who have

the

responsibility to comply with all provisions of this article.

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( Any indoor air cleaning device using only mechanical filtration

for pollutant

removal is exempt from the testing requirement for the ozone

emission standard

of 0.050 ppm as determined in Section 94805, based on their known de

minimis

ozone emissions. Verification of this mechanical-filtration-only

exclusion from

ozone emission testing will be made by the ARB Executive Officer

based on the

submission of product design specifications and documentation by the

manufacturer, distributor or retailer. Documentation to the ARB

shall include a

description of the air cleaning performance technology employed, as

well as a

block diagram and schematic of the model. Indoor air cleaning

devices qualifying

as a " mechanical filtration only " device shall be certified under

ANSI/UL Standard

507. To be certified under this regulation, manufacturers of such

indoor air

cleaning devices must submit the information required in sections

94804 c(1) to

94804 c(3) below. These products are still subject to the labeling

requirements

specified in Section 94806( and 94806(d).

© The application for certification must include the information

in subsections ©(1)

through ©(5) below, and any other information deemed necessary by

the ARB

Executive Officer. If the requested information is not applicable to

the indoor air

cleaning device in question, the applicant must indicate " not

applicable " . If the

Executive Officer concurs with the applicant's judgment, the

Executive Officer

may waive the requirement to provide the information requested.

(1) Manufacturer name, mailing address, physical address, phone

number, email

address, and website;

(2) Applicant or representative name, mailing address, physical

address, phone

number, and email address, if different from manufacturer;

(3) Indoor air cleaning device information:

(A) Brand name

( Model name

© Model number

(D) Model group, and other models included in model group, where

applicable

(E) Discussion of the principles of operation and design

(F) Device schematics depicting operation

(G) Maintenance requirements

(I) Operations manual, if available

(J) Marketing materials, if available

(4) Indoor air cleaning device test information:

(A) Test facility identification and proof of current Nationally

Recognized

Testing Laboratory (NRTL) accreditation

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( Ozone emission concentrations for all units tested, as measured

according to Section 94805, including both the 24-hour measurement as

well as information regarding whether any transitory measurements

exceeded 0.050 ppm

© Whether a device failed the ozone emission test for any reason,

and if so,

the reason (e.g., excess transitory excursions, motor failure during

the

test, device not received with packaging intact, electrical part

overheated/unsafe to continue, etc.)

(D) Chain of custody of test device(s)

(E) Statement from the testing laboratory that the ozone emissions

were

determined in accordance with the protocols in the March 2007 UL

Certification Bulletin.

(F) Notification of compliance with the electrical safety provisions

of ANSI/UL

Standard 867 or 507, where applicable, for all units tested.

(5) Any additional information the laboratory needs to communicate.

(d) Notification must be provided to the Executive Officer within 30

days if the indoor

air cleaning device fails any post-certification testing conducted

to verify

compliance with ANSI/UL Standard 867 or Standard 507, whichever is

applicable.

(e) ARB may revoke certification for any device deemed noncompliant

in the future

when tested according to procedures described in Section 94805, or

if any other

ARB certification requirements are no longer met.

NOTE: Authority cited: Section 41986, Health and Safety Code.

Reference: Sections 41985, 41985.5, Health and Safety Code.

94805. Test Method

(a) For the purpose of compliance with this regulation only a single

model of indoor

air cleaning device within a model group, if one exists, must be

evaluated under

the test methods.

( Testing to determine compliance with the requirements of this

article, shall be

performed following the ANSI/UL Standard 867 or 507, where

applicable, in their

entirety, which are hereby incorporated by reference.

© Ozone emissions will be determined using the March 2007 UL

Certification

Bulletin for Section 37 of ANSI/UL Standard 867, which is hereby

incorporated by

reference. See

http://www.arb.ca.gov/research/indoor/aircleaners/ozonecertbulletin.p

df .

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(d) Testing of indoor air cleaning devices must be conducted by a

laboratory

currently recognized as an NRTL by the U.S. Occupational Safety and

Health

Administration (OSHA), to perform testing for the entire ANSI/UL

Standard 867 or

507, where applicable. Laboratories also must pass an ARB audit to

verify their

ability to accurately perform the ozone emissions testing procedure

as described

in the March 2007 UL Certification Bulletin. The ARB audit may

include, and is

not necessarily limited to, review of written test protocol

operating procedures,

test chamber and analyzer configuration, background ozone

measurements, air

exchange rate, ozone half-life test results, equipment calibration

and

maintenance records, and other related information; and an onsite

review.

NOTE: Authority cited: Section 41986, Health and Safety Code.

Reference: Sections 41985, 41985.5, Health and Safety Code, Standard

867 of

Underwriters Laboratories Inc. for Electrostatic Air Cleaners,

ANSI/UL 1980.

94806. Labeling Requirements

(a) All indoor air cleaning devices for use in occupied spaces are

required to display

an ozone emissions certification label on the product packaging

after completion

of requirements of Section 95804 prior to sale in California, unless

satisfying the

requirements for exemption as specified in Section 94803.

( For non-medical devices, the ozone certification label shall be

at least 1 inch by 2

inches in size, easily readable, and shall state " This air cleaner

complies with the

federal ozone emissions limit. ARB certified for sale in California "

in bold type

whose uppercase letters are not less than 4 mm high; recommended

typographical font size is 12 point.

© For medical devices, the ozone certification label shall be in

compliance with

federal law, including Section 801.415 of Title 21 of the Code of

Federal

Regulations.

(d) All indoor air cleaning devices for use in occupied spaces (both

medical and nonmedical)

are required to display the ANSI/UL Standard 867 safety certification

mark on the device, consistent with the Standard 867 requirements of

the

appropriate NRTL safety certification organization, after completion

of

requirements of Sections 94804 and 94805 and prior to sale in

California, unless

the device satisfies the requirements for exemption as specified in

Section

94803. Devices qualifying as a " mechanical filtration only " device

as described in

Section 94801(a)(16) and Section 94804( shall display the ANSI/UL

Standard

507 certification mark, or the mark of any ANSI/UL Standard that

addresses

electrical safety for mechanical air cleaners that succeeds Standard

507.

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(e) Any indoor air cleaning device subject to Section 94802 and

meeting the

requirements of this regulation shall include the label contents

under subsection

( above in a prominent place on all Internet web pages, mail order

catalogs,

and related materials used for the advertising and sales of the

device. Any

indoor air cleaning devices that qualify for exemption under Section

94803 are

required to display the appropriate exemption label on all internet

web pages,

mail order catalogs, and related sales materials.

(f) Any indoor air cleaning device for use in occupied residential

or commercial

spaces that is advertised or sold via the Internet but that has not

been certified

according to 94804 must display the following advisory in a

prominent place on

the primary web pages, catalog pages, and related materials where

such device

is advertised or displayed for sale: " This device does not meet

California

requirements and cannot be shipped to California addresses. "

(g) Indoor air cleaning devices that are designed, manufactured,

advertised, and

sold solely for commercial use in unoccupied spaces must be

prominently

labeled on the package as " Solely for commercial use in unoccupied

spaces.

Potential health hazard: emits ozone. " This label also must appear

on all

marketing and advertising materials, and on all Internet web pages

and mail

order catalogue pages where advertised for sale.

NOTE: Authority cited: Section 41986, Health and Safety Code.

Reference: Sections 41985, 41985.5, Health and Safety Code; 21CFR

801.415.

94807. Notice to distributors, retailers and sellers

By September 30, 2008, manufacturers of indoor air cleaning devices

manufactured,

sold, supplied, offered for sale, or introduced into commerce in

California must submit

documentation that they have provided to all of their known

distributors, retailers, and

sellers true and accurate copies of the final regulation approved by

the ARB and the

California Office of Administrative Law. Additionally, manufacturers

must submit to the

ARB Executive Officer contact information (name, street and mailing

address, phone,

and email address), for all of their California distributors,

retailers, and sellers. Such

information may be kept confidential upon request as specified in

Sections 91000 et

seq. of Title 17, Subchapter 4 (Disclosure of Records) of the

California Code of

Regulations. For new distributors, retailers and sellers who become

known to

manufacturers after September 30, 2008, manufacturers must provide

similar notice to

them and provide contact information to the ARB. Non-compliance with

this provision

may result in rejection or revocation of certification.

Reference: Sections 91000 et seq. of Title 17, Subchapter 4

(Disclosure of Records) of

the California Code of Regulations.

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94808. Recordkeeping Requirements

Manufacturers, distributors, retailers, sellers, and test

laboratories are required to

maintain production, quality control, sales, and testing records, as

appropriate, for at

least three years, and to make them available to the ARB upon

request.

94809. Rejection, Revocation, Recall, and Penalties

An application for certification may be denied, or a certification

may be revoked

or suspended, for failure to comply with any provision of this

article. If the Executive

Officer determines that a violation of this article has occurred, he

or she may order that

the products involved in or affected by the violation be recalled

and replaced with

products that comply with this article. In the event of a violation

of this article, all other

penalties authorized by law apply as well.

94810. Severability

Each part of this article shall be deemed severable, and in the

event that any part

of this article is held to be invalid, the remainder of this article

shall continue in full force

and effect.

NOTE: Authority cited: Section 41986, Health and Safety Code.

Reference: Sections 41985, 41985.5, Health and Safety Code.