PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 130]
Consumer Products
[31 Pa.B. 6163] The Environmental Quality Board (Board) proposes to establish Subchapter B (relating to consumer products) in Chapter 130 (relating to standards for products) to read as set forth in Annex A.
The proposed regulations add definitions for terms that are used for the substantive sections of Chapter 130. Section 130.201 (relating to applicability) will apply to any person who sells, supplies, offers for sale or manufacturers consumer products for use in this Commonwealth. Sections 130.211--130.464 establish, among other things, standards and exemptions for products.
This notice is given under Board order at its meeting of September 18, 2001.
A. Effective Date
The proposed regulations will be effective upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, 12th Floor, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-1663; or Bo Reiley, Assistant Counsel, Bureau of Regulatory Counsel, Office of Chief Counsel, Rachel Carson State Office Building, 9th Floor, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060.
C. Statutory Authority
The proposed regulations are being made under the authority of section 5 of the Air Pollution Control Act (35 P. S. § 4005) which grants the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution.
D. Background and Purpose
When ground-level ozone is present in concentrations in excess of the Federal health-based standard, public health is adversely affected. The United States Environmental Protection Agency (EPA) has concluded that there is an association between ambient ozone concentrations and increased hospital admissions for respiratory ailments such as asthma. Further, although children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms when they are exposed to ambient ozone while engaged in an activity that involves physical exertion. Though symptoms are often temporary, repeated exposure could result in permanent lung damage. The implementation of additional measures to address the ozone air quality nonattainment in this Commonwealth is necessary to protect the public health.
The purpose of the proposed regulations is to reduce the volatile organic compounds (VOC) emitted from consumer products. The proposed regulations are part of the Commonwealth's strategy to achieve and maintain the ozone standard throughout this Commonwealth. The proposed regulations expand upon the Federal consumer products rule, which became effective in December 1998. The Federal rule regulates 24 product categories representing 48% of the consumer products inventory Nationally and reduces VOC emissions from that inventory by 20%. To capture additional emission reductions from these products, the Commonwealth is proposing to adopt these regulations. The Commonwealth has used the California Air Resources Board (CARB) regulations and the Ozone Transport Commission model rule and background material as a starting point and reviewed those documents, including specific emission reductions, for applicability in this Commonwealth. As a result, the proposed regulations include most, if not all, of the product categories covered in California, with limits effective at a later date than California. To maximize consistency, emission limits for specific product categories are identical to those used in California.
The proposed rulemaking regulates 45 consumer product categories and approximately 80 different types of products, and requires more stringent VOC content limits than the Federal rule. Some of the limits are currently in effect in California and are known to be technologically feasible. Other limits in California have future effective dates. The proposed compliance date for the Commonwealth limits is January 1, 2005. Manufacturers would ensure compliance with the limits by reformulating products and substituting products with compliant products that are already on the market.
Manufacturers producing consumer products would be responsible for developing and distributing compliant products for sale at the retail and wholesale levels. In addition, any person who sells, supplies or offers for sale consumer products would also be held accountable. Consumers would not be affected by this rule in that they should not notice any changes in product performance or quality, and cost increases per consumer for these products will be negligible.
If compliance with the VOC contents becomes problematic, flexibility options are provided for in the proposed regulations. These options include an innovative product exemption, variances, exemptions and alternative control plan.
The proposed regulations contain requirements for charcoal lighter materials, aerosol adhesives, floor wax strippers and automotive windshield washer fluids. They also contain administrative requirements for labeling and reporting. There is a reporting requirement so that manufacturers may be required to submit information to the Commonwealth upon request.
A CARB test method would be primarily used to demonstrate compliance. Enforcement with the product VOC content limits and other requirements would be done by the Commonwealth.
Because the Commonwealth, in conjunction with other northeastern states, has met over the past 18 months with representatives of the various National consumer product manufacturers in related industries, and has gathered their support for the proposed regulations, it is important that the proposed regulations be implemented consistently and uniformly as negotiated. Any deviation from the proposed regulations by altering the limits set forth in the regulations may hinder the ability of manufacturers to comply with the regulations.
The Department of Environmental Protection (Department) worked with the Air Quality Technical Advisory Committee (AQTAC) in the development of these proposed regulations. At its May 24, 2001, meeting, AQTAC recommended adoption of the proposed regulations. In addition, AQTAC recommended that the Department continue aggressive efforts with other states to support National standards for these products.
E. Summary of Regulatory Requirements
Subchapter B includes the following definitions of terms that will be used in the substantive provisions of the proposed regulations. The definitions include: ''ACP--Alternative Control Plan,'' ''ACP agreement,'' ''ACP emissions,'' ''ACP limit,'' ''ACP product,'' ''ACP reformulation or ACP reformulated,'' ''ACP standard,'' ''ACP VOC standard,'' ''ASTM,'' ''adhesive,'' ''adhesive remover,'' ''aerosol adhesive,'' ''aerosol cooking spray,'' ''aerosol product,'' ''agricultural use,'' ''air freshener,'' ''all other carbon-containing compounds,'' ''all other forms,'' ''antimicrobial hand or body cleaner or soap,'' ''antiperspirant,'' ''architectural coating,'' ''astringent/toner,'' ''automotive brake cleaner,'' ''automotive hard paste wax,'' ''automotive instant detailer,'' ''automotive rubbing or polishing compound,'' ''automotive wax, polish, sealant or glaze,'' ''automotive windshield washer fluid,'' ''bathroom and tile cleaner,'' ''bug and tar remover,'' ''carburetor or fuel-injection air intake cleaners,'' ''carpet and upholstery cleaner,'' ''charcoal lighter material,'' ''colorant,'' ''compliance period,'' ''construction, panel and floor covering adhesive,'' ''consumer,'' ''consumer product,'' ''contact adhesive,'' ''container/packaging,'' ''contact person,'' ''crawling bug insecticide,'' ''date-code,'' ''deodorant,'' ''device,'' ''disinfectant,'' ''distributor,'' ''double-phase aerosol air freshener,'' ''dry cleaning fluid,'' ''dusting aid,'' ''electronic cleaner,'' ''enforceable sales,'' ''enforceable sales record,'' ''engine degreaser,'' ''fabric protectant,'' ''facial cleaner or soap,'' ''fat wood,'' ''flea and tick insecticide,'' ''flexible flooring material,'' ''floor polish or wax,'' ''floor seam sealer,'' ''floor wax stripper,'' ''flying bug insecticide,'' ''fragrance,'' ''furniture maintenance product,'' ''furniture coating,'' ''gel,'' ''general purpose adhesive,'' ''general purpose cleaner,'' ''general purpose degreaser,'' ''general-use hand or body cleaner or soap,'' ''glass cleaner,'' ''gross Pennsylvania sales,'' ''HVOC--high volatility organic compound,'' ''hair mousse,'' ''hair shine,'' ''hair styling gel,'' ''hair spray,'' ''heavy-duty hand cleaner or soap,'' ''herbicide,'' ''household product,'' ''insecticide,'' ''insecticide fogger,'' ''institutional product or industrial and institutional (I&I) product,'' ''LVP content,'' ''LVP-VOC,'' ''label,'' ''laundry prewash,'' ''laundry starch product,'' ''lawn and garden insecticide,'' ''liquid,'' ''lubricant,'' ''MVOC--medium volatility organic compound,'' ''manufacturer,'' ''medicated astringent/medicated toner,'' ''metal polish/cleaner,'' ''missing data days,'' ''mist spray adhesive,'' ''multi-purpose dry lubricant,'' ''multi-purpose lubricant,'' ''multi-purpose solvent,'' ''nail polish,'' ''nail polish remover,'' ''nonaerosol product,'' ''noncarbon containing compound,'' ''nonresilient flooring,'' ''nonselective terrestrial herbicide,'' ''one-product business,'' ''oven cleaner,'' ''paint,'' ''paint remover or stripper,'' ''penetrant,'' ''pesticide,'' ''Pennsylvania sales,'' ''plasticizer,'' ''pre-ACP VOC content,'' ''principal display panel or panels,'' ''product brand name,'' ''product category,'' ''product line,'' ''propellant,'' ''pump spray,'' ''reconcile or reconciliation,'' ''reconciliation of shortfalls plan,'' ''responsible party,'' ''responsible ACP party,'' ''restricted materials,'' ''retailer,'' ''retail outlet,'' ''roll-on product,'' ''rubber and vinyl protectant,'' ''rubbing alcohol,'' ''sealant and caulking compound,'' ''semisolid,'' ''shaving cream,'' ''shortfall,'' ''silicone-based multi-purpose lubricant,'' ''single-phase aerosol air freshener,'' ''solid,'' ''special purpose spray adhesive,'' ''spot remover,'' ''spray buff product,'' ''stick product,'' ''structural waterproof adhesive,'' ''surplus reduction,'' ''surplus trading,'' ''TMHE--total maximum historical emissions,'' ''Table B compound,'' ''terrestrial,'' ''tire sealant and inflation,'' ''Type A propellant,'' ''Type B propellant,'' ''Type C propellant,'' ''undercoating,'' ''usage directions,'' ''VOC content,'' ''wasp and hornet insecticide,'' ''waterproofer,'' ''wax,'' ''web spray adhesive,'' ''wood floor wax'' and ''working day.''
Section 130.211 (relating to table of standards) sets forth the percentage of VOC by weight, which cannot be exceeded for consumer products that are sold, supplied, offered for sale or manufactured for sale in this Commonwealth. Sections 130.212--130.216 contain other regulatory requirements that relate specifically to certain products like charcoal lighter materials, aerosol adhesives and products containing ozone depleting compounds. Sections 130.331--130.337 set forth the general exemption requirements for products for shipment and use outside of this Commonwealth and exemptions for specific consumer products like antiperspirants and deodorants, insecticides, fungicides, rodenticides and air fresheners. Sections 130.351 and 130.352 (relating to innovative products exemption; and request for exemption) set forth exemptions for products that are considered innovative in order to advance and encourage new technologies. Sections 130.371--130.373 (relating to code-dating; most restrictive limit; and additional labeling requirements for aerosol adhesives) set forth code-dating and additional labeling requirements for consumer products that are subject to this subsection. Sections 130.391 and 130.392 (relating to required reporting of information to Department; and confidentiality) set forth general reporting requirements, special reporting requirements, reporting requirements for ozone depleting compounds and confidentiality requirements. Sections 130.411--130.414 set forth the procedures that a manufacturer may use to apply for and be granted a variance for certain products that would otherwise be subject to regulation. Section 130.431 (relating to testing for compliance) sets forth the test methods that will be used to ensure that the products are in compliance with this subchapter. Sections 130.451--130.464 set forth alternative methods of compliance for consumer products and administrative and other applicable requirements.
The proposed regulations, if approved, will be submitted to the EPA as an amendment to the State Implementation Plan.
F. Benefits and Costs
Executive Order 1996-1 requires a cost/benefit analysis of the proposed regulations.
Benefits
Overall, the citizens of this Commonwealth will benefit from these proposed regulations because they will result in improved air quality by reducing ozone precursor emissions and encourage new technologies and practices, which will reduce emissions. The proposed regulations will also result in reduced levels of hazardous air pollutants throughout this Commonwealth. In addition, the proposed regulations will reduce citizen exposure to a variety of solvents, including hazardous air pollutants that are used in a variety of consumer products.
Compliance Costs
Under these proposed regulations, it is estimated that the reduction of VOC content of the affected consumer products will cost approximately $800 per ton of emissions reduced based on annual emission reductions of approximately 6,000 tons or 1 pound per person. This equates to an estimated annual cost increase of $4.8 million annually, or 30¢--40¢ per Commonwealth consumer.
Compliance Assistance Plan
The Department plans to educate and assist the public and the regulated community in understanding the newly-revised requirements and how to comply with them. This will be accomplished through the Department's ongoing Regional Compliance Assistance Program.
Paperwork Requirements
The proposed regulations will not increase the paperwork that is already generated during the normal course of business operations.
G. Sunset Review
The proposed regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the proposed amendments effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on October 26, 2001, the Department submitted a copy of these proposed regulations to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed regulations, the Department has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis form prepared by the Department in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed regulations, it will notify the Department within 10 days following the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion of the proposed regulations to which an objection is made. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of these regulations, by the Department, the General Assembly and the Governor of objections raised.
I. Public Comments
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding the proposed regulations to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by January 16, 2002. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by January 16, 2002. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the proposed regulation will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@state.pa.us. A subject heading of the proposal and return name and address must be included in each transmission. Comments submitted electronically must also be received by the Board by January 16, 2002.
J. Public Hearings
The Board will hold three public hearings for the purpose of accepting comments on the proposed regulations. The hearings will be held at 2 p.m. as follows:
December 11, 2001, Department of Environmental Protection, Southwest Regional Office, 400 Waterfront Drive, Pittsburgh, PA.
December 13, 2001, Department of Environmental Protection, Southcentral Regional Office, 909 Elmerton Avenue, Harrisburg, PA.
December 17, 2001, Department of Environmental Protection, Southeast Regional Office, Suite 6010, Lee Park, 555 North Lane, Conshohocken, PA.
Persons wishing to present testimony at a hearing are requested to contact Debra Failor, Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons with a disability who wish to attend the hearing and require an auxiliary aide, service or other accommodation in order to participate should contact Debra Failor at (717) 787-4526 or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
DAVID E. HESS,
ChairpersonFiscal Note: 7-370. No fiscal impact; (8) recommends adoption.
(Editor's Note: The following text is new and is printed in regular type to enhance readability.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 130. STANDARDS FOR PRODUCTS
Subchapter B. CONSUMER PRODUCTS
GENERAL PROVISIONS Sec.
130.201. Applicability. 130.202. Definitions.
STANDARDS
130.211. Table of standards. 130.212. Products diluted prior to use. 130.213. Products registered under FIFRA. 130.214. Requirements for charcoal lighter materials. 130.215. Requirements for aerosol adhesives. 130.216. Requirements for floor wax strippers.
EXEMPTIONS
130.331. Products for shipment and use outside this Commonwealth. 130.332. Antiperspirants and deodorants. 130.333. LVP-VOC. 130.334. Insecticides, fungicides and rodenticides. 130.335. Air fresheners. 130.336. Adhesives. 130.337. Bait station insecticides.
INNOVATIVE PRODUCTS
130.351. Innovative products exemption. 130.352. Request for exemption.
ADMINISTRATIVE REQUIREMENTS
130.371. Code-dating. 130.372. Most restrictive limit. 130.373. Additional labeling requirements for aerosol adhesives.
REPORTING REQUIREMENTS
130.391. Required reporting of information to Department. 130.392. Confidentiality.
VARIANCES
130.411. Application for variance. 130.412. Variance orders. 130.413. Termination of variance. 130.414. Modification of variance.
TEST METHODS
130.431. Testing for compliance.
ACP FOR CONSUMER PRODUCTS
130.451. Alternative methods of compliance. 130.452. Exemption. 130.453. Request for exemption. 130.454. Recordkeeping and availability of requested information. 130.455. Surplus reductions and surplus trading. 130.456. Limited-use surplus reduction credits for early reformulations of ACP products. 130.457. Reconciliation of shortfalls. 130.458. Notification of modifications to an ACP by the responsible ACP party. 130.459. Modifications that require Department preapproval. 130.460. Other modifications. 130.461. Modification of an ACP by the Department. 130.462. Cancellation of an ACP. 130.463. Treatment of information. 130.464. Other applicable requirements.
GENERAL PROVISIONS § 130.201. Applicability.
Except as provided in §§ 130.331--130.337 (relating to exemptions), this subchapter applies to a person who sells, supplies, offers for sale, or manufactures consumer products on or after January 1, 2005, for use in this Commonwealth.
§ 130.202. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
ACP--Alternative Control Plan--An emissions averaging program approved by the Department under this subchapter.
ACP agreement--The document signed by the Department which includes the conditions and requirements of the ACP, and which allows manufacturers to sell ACP products in this Commonwealth under the requirements of this chapter.
ACP emissions--
(i) The sum of the VOC emissions from every ACP product subject to an ACP Agreement approving an ACP, during the compliance period specified in the ACP agreement, expressed to the nearest pound of VOC and calculated according to the following equation:
ACP Emissions = (Emissions)1 + (Emissions)2
+ ... + (Emissions)N
(VOC Content) × (Enforceable Sales)
Emissions = _________________
100
where,
(ii) For all products except for charcoal lighter material products:
((B-C) × 100)
VOC Content = ______
AA = net weight of unit (excluding container and packaging)
B = total weight of all VOCs per unit, as defined in this section
C = total weight of all exempted VOCs per unit, as specified in this section
(iii) For charcoal lighter material products only:
(Certified Emissions × 100)
VOC Content = _________________
Certified Use RateCertified
Emissions = the emissions level for products approved by the Department under § 130.214, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound CH2 per start.Certified
Use Rate = the usage level for products approved by the Department under § 130.214, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start.ACP limit--The maximum allowable ACP Emissions during the compliance period specified in an ACP Agreement approving an ACP, expressed to the nearest pound of VOC and calculated according to the following equation:
ACP Limit = (Limit)1 + (Limit)2 + ... + (Limit)N
where,
(ACP Standard) × (Enforceable Sales)
Limit = _________________
100
Enforceable
Sales = the total amount of an ACP product sold for use in the state, during the applicable compliance period specified in the ACP Agreement approving an ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding container and packaging).ACP
Standard = either the ACP product's Pre-ACP VOC Content, or the applicable VOC standard specified in § 130.211, whichever is less.Pre-ACP VOC
Content = the lowest VOC content which the ACP product had between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Commonwealth, based on either the data on the product obtained from the March 12, 1991 CARB Consumer Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product.1,2,...N = each product in an ACP up to the maximum N.
ACP product--A consumer product subject to the VOC standards specified in § 130.211 (relating to table of standards), except those products that have been exempted under §§ 130.331--130.337 (relating to exemptions), or exempted as innovative products under §§ 130.351--130.352 (relating to innovative products).
ACP reformulation or ACP reformulated--The process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level which is less than the current VOC content of the product.
ACP standard--The Pre-ACP VOC content of an ACP product or the applicable VOC standard specified in § 130.211, whichever is less.
ACP VOC standard--The maximum allowable VOC content for an ACP product, determined as follows:
(i) The applicable VOC Standard specified in § 130.211, for all ACP products except for charcoal lighter material.
(ii) For charcoal lighter material products only, the VOC Standard for the purposes of this section shall be calculated according to the following equation:
(0.020 pound CH2 per start × 100)
VOC Standard = _________________
Certified Use Ratewhere,
0.020 = the certification emissions level for the Department-approved product, as specified in § 130.214.
Certified
Use Rate = the usage level for products approved by the Department under § 130.214, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start.ASTM--The American Society for Testing and Materials.
Adhesive--A product that is used to bond one surface to another by attachment. The term does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or other product with an adhesive incorporated onto or in an inert substrate. The term does not include aerosol adhesives or units of product, less packaging, which consist of more than 1 gallon of the following materials:
(i) Contact adhesive.
(ii) Construction, panel and floor covering adhesive.
(iii) General purpose adhesive.
Adhesive remover--A product designed exclusively for the removal of adhesives, caulk and other bonding materials from either a specific substrate or a variety of substrates.
Aerosol adhesive--An aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment.
Aerosol cooking spray--An aerosol product designed either to reduce sticking on cooking and baking surfaces or to be applied on food, or both.
Aerosol product--A pressurized spray system that dispenses product ingredients by means of a propellant or mechanically induced force. The term does not include pump sprays.
Agricultural use--The use of a pesticide or method or device for the control of pests in connection with the commercial production, storage or processing of an animal or plant crop. The term does not include the sale or use of pesticides in properly labeled packages or containers which are intended for the following uses:
(i) Home use. Use in a household or its immediate environment.
(ii) Structural pest control. A use requiring a license under the applicable state pesticide licensing requirement.
(iii) Industrial use. Use in a manufacturing, mining or chemical process or use in the operation of factories, processing plants and similar sites.
(iv) Institutional use. Use within the lines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums and office complexes.
Air freshener--A consumer product, including sprays, wicks, powders and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting or deodorizing the air.
(i) The term does not include:
(A) Products that are used on the human body.
(B) Products that function primarily as cleaning products.
(C) Disinfectant products claiming to deodorize by killing germs on surfaces.
(D) Institutional/industrial disinfectants when offered for sale solely through institutional and industrial channels of distribution.
(ii) The term includes spray disinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrial channels of distribution.
(iii) To determine whether a product is an air freshener, all verbal and visual representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The presence of, and representations about, a product's fragrance and ability to deodorize (resulting from surface application) does not constitute a claim of air freshening.
All other carbon-containing compounds--Compounds which contain at least one carbon atom and are not a ''Table B'' compound or a ''LVP-VOC.''
All other forms--Consumer product forms for which no form-specific VOC standard is specified in §§ 130.211--130.216. Unless specified otherwise by the applicable VOC standard, the term includes solids, liquids, wicks, powders, crystals and cloth or paper wipes (towelettes).
Antimicrobial hand or body cleaner or soap--
(i) A cleaner or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity. The term includes the following:
(A) Antimicrobial hand or body washes/cleaners.
(B) Foodhandler hand washes.
(C) Healthcare personnel hand washes.
(D) Preoperative skin preparations.
(E) Surgical scrubs.
(ii) The term does not include the following:
(A) Prescription drug products.
(B) Antiperspirants.
(C) Astringent/toner.
(D) Deodorant.
(E) Facial cleaner or soap.
(F) General-use hand or body cleaner or soap.
(G) Hand dishwashing detergent, including antimicrobial.
(H) Heavy-duty hand cleaner or soap.
(I) Medicated astringent/medicated toner.
(J) Rubbing alcohol.
Antiperspirant--A product, including aerosols, roll-ons, sticks, pumps, pads, creams and squeeze-bottles, that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20% in at least 50% of a target population.
Architectural coating--A coating applied to stationary structures and their appurtenances, to mobile homes, to pavements or to curbs.
Astringent/toner--A product not regulated as a drug by the United States Food and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. This category does not include:
(i) Hand, face or body cleaner or soap products.
(ii) Medicated astringent/medicated toner.
(iii) Cold cream.
(iv) Lotion.
(v) Antiperspirant.
Automotive brake cleaner--A cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.
Automotive hard paste wax--An automotive wax or polish which is:
(i) Designed to protect and improve the appearance of automotive paint surfaces.
(ii) A solid at room temperature.
(iii) 0% water by formulation.
Automotive instant detailer--A product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped off prior to the product being allowed to dry.
Automotive rubbing or polishing compound--A product designed primarily to remove oxidation, old paint, scratches or swirl marks, and other defects from the painted surfaces of motor vehicles without leaving a protective barrier.
Automotive wax, polish, sealant or glaze--A product designed to seal out moisture, increase gloss or otherwise enhance a motor vehicle's painted surfaces.
(i) The term includes products designed for:
(A) Use in autobody repair shops and drive-through car washes.
(B) Use by the general public.
(ii) The term does not include:
(A) Automotive rubbing or polishing compounds.
(B) Automotive wash and wax products.
(C) Surfactant-containing car wash products.
(D) Products designed for use on unpainted surfaces such as bare metal, chrome, glass or plastic.
Automotive windshield washer fluid--A liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing or wetting the windshield. The term does not include fluids placed by the manufacturer in a new vehicle.
Bathroom and tile cleaner--A product designed to clean tile or surfaces in bathrooms. The term does not include products specifically designed to clean toilet bowls or toilet tanks.
Bug and tar remover--A product designed to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish:
(i) Biological-type residues such as insect carcasses and tree sap.
(ii) Road grime, such as road tar, roadway paint markings and asphalt.
Carburetor or fuel-injection air intake cleaners--A product designed to remove fuel deposits, dirt or other contaminants from a carburetor, choke, throttle body of a fuel-injection system or associated linkages. The term does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors.
Carpet and upholstery cleaner--A cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting and the interior of motor vehicles or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics.
(i) The term includes, but is not limited to, products that make fabric protectant claims.
(ii) The term does not include:
(A) General purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning fluids.
(B) Products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.
Charcoal lighter material--A combustible material designed to be applied on, incorporated in, added to or used with charcoal to enhance ignition. The term does not include the following:
(i) Electrical starters and probes.
(ii) Metallic cylinders using paper tinder.
(iii) Natural gas.
(iv) Propane.
(v) Fat wood.
Colorant--A pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.
Compliance period--The period of time, not to exceed 1 year, for which the ACP Limit and ACP Emissions are calculated and for which compliance with the ACP Limit is determined, as specified in the ACP agreement approving an ACP.
Construction, panel and floor covering adhesive--
(i) A one-component adhesive that is designed exclusively for the installation, remodeling, maintenance or repair of:
(A) Structural and building components that include, but are not limited to, the following:
(I) Beams.
(II) Trusses.
(III) Studs
(IV) Paneling (drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, predecorated hardboard or tileboard, and the like).
(V) Ceiling and acoustical tile.
(VI) Molding, fixtures, countertops or countertop laminates, cove or wall bases and flooring or subflooring.
(B) Floor or wall coverings that include, but are not limited to, the following:
(I) Wood or simulated wood covering.
(II) Carpet, carpet pad or cushion, vinyl-backed carpet.
(III) Flexible flooring material.
(IV) Nonresilient flooring material.
(V) Mirror tiles and other types of tiles.
(VI) Artificial grass.
(ii) The term does not include floor seam sealer.
Consumer--A person who purchases or acquires a consumer product for personal, family, household or institutional use. Persons acquiring a consumer product for resale are not ''consumers'' for that product.
Consumer product--
(i) A chemically formulated product used by household and institutional consumers including:
(A) Detergents.
(B) Cleaning compounds.
(C) Polishes.
(D) Floor finishes.
(E) Cosmetics.
(F) Personal care products.
(G) Home, lawn and garden products.
(H) Disinfectants.
(I) Sanitizers.
(J) Aerosol paints.
(K) Automotive specialty products.
(ii) The term does not include other paint products, furniture coatings or architectural coatings.
Contact adhesive--
(i) An adhesive that:
(A) Is designed for application to both surfaces to be bonded together.
(B) Is allowed to dry before the two surfaces are placed in contact with each other.
(C) Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other.
(D) Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces.
(ii) The term does not include rubber cements that are primarily intended for use on paper substrates.
Container/packaging--The parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. The term includes an article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached.
Contact person--A representative that has been designated by the responsible ACP party for the purpose of reporting or maintaining information specified in the ACP agreement approving an ACP.
Crawling bug insecticide--An insecticide product that is designed for use against ants, cockroaches or other household crawling arthropods, including mites, silverfish or spiders. The term does not include products designed to be used exclusively on humans or animals, or house dust mite product. For the purposes of this definition only:
(i) House dust mite. Mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata and the family Pyroglyphidae.
(ii) House dust mite product. A product whose label, packaging or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches or other household crawling arthropods.
Date-code--The day, month and year on which the consumer product was manufactured, filled or packaged, or a code indicating such a date.
Deodorant--A product, including aerosols, roll-ons, sticks, pumps, pads, creams and squeeze-bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration.
Device--An instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling or mitigating a pest or other form of plant or animal life (other than man and other than bacteria, virus or other microorganism on or in living man or other living animals). The term does not include equipment used for the application of pesticides when sold separately therefrom.
Disinfectant--
(i) A product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi or viruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.A. §§ 136--136y).
(ii) The term does not include the following:
(A) Products designed solely for use on human or animals.
(B) Products designed for agricultural use.
(C) Products designed solely for use in swimming pools, therapeutic tubs or hot tubs.
(D) Products which, as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners or metal polishes.
Distributor--A person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce. The term does not include manufacturers, retailers and consumers.
Double-phase aerosol air freshener--An aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion.
Dry cleaning fluid--
(i) A nonaqueous liquid product designed and labeled exclusively for use on:
(A) Fabrics which are labeled ''for dry clean only,'' such as clothing or drapery.
(B) ''S-coded'' fabrics.
(ii) The term includes, but is not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer's residence or work place.
(iii) The term does not include spot remover or carpet and upholstery cleaner.
(iv) For the purposes of this definition, S-coded fabric means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee.
Dusting aid--A product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating. The term does not include products that consist entirely of compressed gases for use in electronic or other specialty areas.
Electronic cleaner--A product designed specifically for the removal of dirt, grease or grime from electrical equipment such as electric motors, circuit boards, electricity panels and generators.
Enforceable sales--The total amount of an ACP product sold for use in this Commonwealth during the applicable compliance period specified in the ACP agreement approving an ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding product container and packaging).
Enforceable sales record--A written, point-of-sale record or other Department-approved system of documentation from which the mass, in pounds (less product container and packaging), of an ACP product sold to the end user in this Commonwealth during the applicable compliance period can be accurately documented. For the purposes of this subchapter, the term includes, but is not limited to, the following types of records:
(i) Accurate records of direct retail or other outlet sales to the end user during the applicable compliance period.
(ii) Accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period, provided that a detailed method which can be used to verify data comprising the summaries is submitted by the responsible ACP party and approved by the Department.
(iii) Other accurate product sales records approved by the Department as meeting the criteria specified in this definition.
Engine degreaser--A cleaning product designed to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.
Fabric protectant--A product designed to be applied to fabric substrates to protect the surface from soiling by dirt and other impurities or to reduce absorption of liquid into the fabric's fibers. The term does not include waterproofers, products designed for use solely on leather or products designed for use solely on fabrics which are labeled ''dry clean only'' and sold in containers of 10 fluid ounces or less.
Facial cleaner or soap--A cleaner or soap designed primarily to clean the face. The term includes, but is not limited to, facial cleansing creams, gels, liquids, lotions and substrate-impregnated forms. The term does not include:
(i) Prescription drug products.
(ii) Antimicrobial hand or body cleaner or soap.
(iii) Astringent/toner.
(iv) General-use hand or body cleaner or soap.
(v) Medicated astringent/medicated toner.
(vi) Rubbing alcohol.
Fat wood--Pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling. The term does not include kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.
Flea and tick insecticide--An insecticide product that is designed for use against fleas, ticks, their larvae or their eggs. The term does not include products that are designed to be used exclusively on humans or animals and their bedding.
Flexible flooring material--Asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring.
Floor polish or wax--A wax, polish or other product designed to polish, protect or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished. The term does not include:
(i) Spray buff products.
(ii) Products designed solely for the purpose of cleaning floors.
(iii) Floor finish strippers.
(iv) Products designed for unfinished wood floors.
(v) Coatings subject to architectural coatings regulations.
Floor seam sealer--A product designed and labeled exclusively for bonding, fusing or sealing (coating) seams between adjoining rolls of installed flexible sheet flooring.
Floor wax stripper--A product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax. The term does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion.
Flying bug insecticide--An insecticide product that is designed for use against flying insects or other flying arthropods, including mosquitoes, moths or gnats. The term does not include:
(i) Wasp and hornet insecticide.
(ii) Products that are designed to be used exclusively on humans or animals.
(iii) A moth-proofing product. For the purposes of this definition only, ''moth-proofing product'' means a product whose label, packaging or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods.
Fragrance--A substance or complex mixture of aroma chemicals, natural essential oils and other functional components, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.
Furniture maintenance product--A wax, polish, conditioner or other product designed for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors. The term does not include dusting aids, products designed solely for the purpose of cleaning and products designed to leave a permanent finish such as stains, sanding sealers and lacquers.
Furniture coating--A paint designed for application to room furnishings, including cabinets (kitchen, bath and vanity), tables, chairs, beds and sofas.
Gel--A colloid in which the dispersed phase has combined with the continuous phase to produce a semisolid material, such as jelly.
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