[31 Pa.B. 6163]

[Continued from previous Web Page]

   General purpose adhesive--A nonaerosol adhesive designed for use on a variety of substrates. The term does not include:

   (i)  Contact adhesives.

   (ii)  Construction, panel and floor covering adhesives.

   (iii)  Adhesives designed exclusively for application on one specific category of substrates (that is, substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers or vinyls).

   (iv)  Adhesives designed exclusively for use on one specific category of articles (that is, articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, weather-stripping or carpets).

   General purpose cleaner--A product designed for general all-purpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations. The term includes products designed for general floor cleaning, kitchen or countertop cleaning and cleaners designed to be used on a variety of hard surfaces and does not include general purpose degreasers and electronic cleaners.

   General purpose degreaser--

   (i)  A product designed to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts.

   (ii)  The term does not include engine degreaser, general purpose cleaner, adhesive remover, electronic cleaner, metal polish/cleanser, products used exclusively in solvent cleaning tanks or related equipment, or products that are:

   (A)  Sold exclusively to establishments that manufacture or construct goods or commodities.

   (B)  Labeled ''not for retail sale.''

   (iii)  Solvent cleaning tanks or related equipment including, but is not limited to:

   (A)  Cold cleaners.

   (B)  Vapor degreasers.

   (C)  Conveyorized degreasers.

   (D)  Film cleaning machines.

   (E)  Products designed to clean miscellaneous metallic parts by immersion in a container.

   General-use hand or body cleaner or soap--A cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils.

   (i)  The term includes, but is not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower or bath gels and moisturizing cleaners or soaps.

   (ii)  The term does not include:

   (A)  Prescription drug products.

   (B)  Antimicrobial hand or body cleaner or soap.

   (C)  Astringent/toner.

   (D)  Facial cleaner or soap.

   (E)  Hand dishwashing detergent, including antimicrobial.

   (F)  Heavy-duty hand cleaner or soap.

   (G)  Medicated astringent/medicated toner.

   (H)  Rubbing alcohol.

   Glass cleaner--A cleaning product designed primarily for cleaning surfaces made of glass. The term does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines.

   Gross Pennsylvania sales--The estimated total sales in this Commonwealth of an ACP product during a specific compliance period (expressed to the nearest pound), based on either of the following methods, whichever the responsible ACP party demonstrates to the satisfaction of the Department will provide an accurate Pennsylvania sales estimate:

   (i)  Apportionment of National or regional sales of the ACP product to Pennsylvania sales, determined by multiplying the average National or regional sales of the product by the fraction of the National or regional population, respectively, that is represented by this Commonwealth's current population.

   (ii)  Another documented method which provides an accurate estimate of the total current Pennsylvania sales of the ACP product.

   HVOC--High volatility organic compound--A volatile organic compound that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20°C.

   Hair mousse--A hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.

   Hair shine--A product designed for the primary purpose of creating a shine when applied to the hair. The term includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hair. The term does not include:

   (i)  Hair spray.

   (ii)  Hair mousse.

   (iii)  Hair styling gel or spray gel.

   (iv)  Products whose primary purpose is to condition or hold the hair.

   Hair styling gel--A high viscosity, often gelatinous, product that contains a resin and is designed for the application to hair to aid in styling and sculpting of the hair coiffure.

   Hair spray--A consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time.

   Heavy-duty hand cleaner or soap--A product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer's ink, paint, graphite, cement, carbon, asphalt or adhesives from the hand with or without the use of water. The term does not include:

   (i)  Prescription drug products.

   (ii)  Antimicrobial hand or body cleaner or soap.

   (iii)  Astringent/toner.

   (iv)  Facial cleaner or soap.

   (v)  General-use hand or body cleaner or soap.

   (vi)  Medicated astringent/medicated toner.

   (vii)  Rubbing alcohol.

   Herbicide--A pesticide product designed to kill or retard a plant's growth, but excludes products that are:

   (i)  For agricultural use.

   (ii)  Restricted materials that require a permit for use and possession.

   Household product--A consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings.

   Insecticide--A pesticide product that is designed for use against insects or other arthropods, but excluding products that are:

   (i)  For agricultural use.

   (ii)  For a use which requires a structural pest control license under applicable laws or regulations of the Commonwealth.

   (iii)  Restricted materials that require a permit for use and possession.

   Insecticide fogger--An insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application.

   Institutional product or industrial and institutional (I&I) product--

   (i)  A consumer product that is designed for use in the maintenance or operation of an establishment that:

   (A)  Manufactures, transports or sells goods or commodities, or provides services for profit.

   (B)  Is engaged in the nonprofit promotion of a particular public, educational or charitable cause.

   (ii)  Establishments include, but are not limited to, the following:

   (A)  Government agencies.

   (B)  Factories.

   (C)  Schools.

   (D)  Hospitals.

   (E)  Sanitariums.

   (F)  Prisons

   (G)  Restaurants.

   (H)  Hotels.

   (I)  Stores.

   (J)  Automobile service and parts centers.

   (K)  Health clubs.

   (L)  Theaters.

   (M)  Transportation companies.

   (iii)  The term does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.

   Lower vapor pressure (LVP) content--The total weight, in pounds, of LVP compounds in an ACP product multiplied by 100 and divided by the product's total net weight (in pounds, excluding container and packaging), expressed to the nearest 0.1.

   Lower vapor pressure (LVP)-VOC--

   (i)  A chemical compound or mixture that contains at least one carbon atom and meets one of the following:

   (A)  Has a vapor pressure less than 0.1 mm Hg at 20°C, as determined by CARB Method 310.

   (B)  Is a chemical compound with more than 12 carbon atoms, or a chemical mixture comprised solely of compounds with more than 12 carbon atoms, and the vapor pressure is unknown.

   (C)  Is a chemical compound with a boiling point greater than 216°C, as determined by CARB Method 310.

   (D)  Is the weight percent of a chemical mixture that boils above 216°C, as determined by CARB Method 310.

   (ii)  For the purposes of this definition, chemical compound means a molecule of definite chemical formula and isomeric structure, and chemical mixture means a substance comprised of two or more chemical compounds.

   Label--Written, printed or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on or appearing upon a consumer product or consumer product package, for purposes of branding, identifying or giving information with respect to the product or to the contents of the package.

   Laundry prewash--A product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness of laundry detergents or provides specialized performance, or both.

   Laundry starch product--A product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and which may also act to help ease ironing of the fabric. The term includes, but is not limited to, fabric finish, sizing and starch.

   Lawn and garden insecticide--An insecticide product designed primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods.

   Liquid--A substance or mixture of substances that is capable of a visually detectable flow as determined under ASTM D-4359-90. The term does not include powders or other materials that are composed entirely of solid particles.

   Lubricant--A product designed to reduce friction, heat, noise or wear between moving parts, or to loosen rusted or immovable parts or mechanisms. The term does not include:

   (i)  Automotive power steering fluids.

   (ii)  Products for use inside power generating motors, engines and turbines, and their associated power-transfer gearboxes.

   (iii)  Two cycle oils or other products designed to be added to fuels.

   (iv)  Products for use on the human body or animals.

   (v)  Products that are sold exclusively to establishments which manufacture or construct goods or commodities, and are labeled ''not for retail sale.''

   MVOC--Medium volatility organic compound--A VOC that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20°C.

   Manufacturer--A person who imports, manufactures, assembles, produces, packages, repackages or relabels a consumer product.

   Medicated astringent/medicated toner--A product regulated as a drug by the FDA which is applied to the skin for the purpose of cleaning or tightening pores. The term includes, but is not limited to, clarifiers and substrate-impregnated products. The term does not include:

   (i)  Hand, face or body cleaner or soap products.

   (ii)  Astringent/toner.

   (iii)  Cold cream.

   (iv)  Lotion.

   (v)  Antiperspirants.

   (vi)  Products that must be purchased with a doctor's prescription.

   Metal polish/cleanser--A product designed primarily to improve the appearance of finished metal, metallic or metallized surfaces by physical or chemical action by removing or reducing stains, impurities or oxidation from surfaces or by making surfaces smooth and shiny. The term includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals. The term does not include:

   (i)  Automotive wax.

   (ii)  Polish, sealant or glaze.

   (iii)  Wheel cleaner.

   (iv)  Paint remover or stripper.

   (v)  Products designed and labeled exclusively for automotive and marine detailing.

   (vi)  Products designed for use in degreasing tanks.

   Missing data days--The number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sales or VOC content data to the Department, as specified in the ACP Agreement approving an ACP.

   Mist spray adhesive--An aerosol which is not a special purpose spray adhesive and which delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate.

   Multipurpose dry lubricant--A lubricant which is:

   (i)  Designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide (moly) or polytetrafluoroethylene or closely related fluoropolymer (Teflon) on surfaces.

   (ii)  Designed for general purpose lubrication or for use in a wide variety of applications.

   Multipurpose lubricant--A lubricant designed for general purpose lubrication or for use in a wide variety of applications. The term does not include:

   (i)  Multipurpose dry lubricants.

   (ii)  Penetrants.

   (iii)  Silicone-based multi-purpose lubricants.

   Multipurpose solvent--An organic liquid designed to be used for a variety of purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving other organic materials. The term includes solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories. The term does not include solvents used in:

   (i)  Cold cleaners.

   (ii)  Vapor degreasers.

   (iii)  Conveyorized degreasers.

   (iv)  Film cleaning machines.

   (v)  Solvents that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.

   Nail polish--A clear or colored coating designed for application to the fingernails or toenails and including lacquers, enamels, acrylics, base coats and top coats.

   Nail polish remover--A product designed to remove nail polish and coatings from fingernails or toenails.

   Nonaerosol product--A consumer product that is not dispensed by a pressurized spray system.

   Noncarbon containing compound--A compound that does not contain carbon atoms.

   Nonresilient flooring--Flooring of a mineral content that is not flexible, including:

   (i)  Terrazzo.

   (ii)  Marble.

   (iii)  Slate.

   (iv)  Granite.

   (v)  Brick.

   (vi)  Stone.

   (vii)  Ceramic tile.

   (vii)  Concrete.

   Nonselective terrestrial herbicide--A terrestrial herbicide product that is toxic to plants without regard to species.

   One-product business--A responsible ACP party which sells, supplies, offers for sale or manufactures for use in this Commonwealth:

   (i)  Only one distinct ACP product, sold under one product brand name, which is subject to the requirements of §§ 130.211--130.216 (relating to standards).

   (ii)  Only one distinct ACP product line subject to the requirements of §§ 130.211--130.216, in which all the ACP products belong to the same product category and the VOC contents in the products are within 98.0% and 102.0% of the arithmetic mean of the VOC contents over the entire product line.

   Oven cleaner--A cleaning product designed to clean and to remove dried food deposits from oven walls.

   Paint--A pigmented liquid or liquefiable or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.

   Paint remover or stripper--A product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate. The term does not include:

   (i)  Multipurpose solvents.

   (ii)  Paint brush cleaners.

   (iii)  Products designed and labeled exclusively to remove graffiti.

   (iv)  Hand cleaner products that claim to remove paints and other related coatings from skin.

   Penetrant--A lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation or other causes. The term does not include multi-purpose lubricants that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts.

   Pesticide--A substance or mixture of substances labeled, designed or intended for use in preventing, destroying, repelling or mitigating a pest, or a substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator. The term does not include a substance, mixture of substances or device which the EPA does not consider to be a pesticide.

   Pennsylvania sales--The sales (net pounds of product, less packaging and container, per year) in this Commonwealth for either the calendar year immediately prior to the year that the registration is due or, if that data is not available, a consecutive 12 month period commencing no earlier than 2 years prior to the due date of the registration. If direct sales data for this Commonwealth is not available, sales may be estimated by prorating National or regional sales data by population.

   Plasticizer--A material, such as a high boiling point organic solvent, that is incorporated into a plastic to increase its flexibility, workability or distensibility, and may be determined by using ASTM Method E260-91 or from product formulation data.

   Pre-ACP VOC Content--The lowest VOC content of an ACP product between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Department 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.

   Principal display panel or panels--The parts of a label that is so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the principal display panel shall pertain to all of the principal display panels.

   Product brand name--The name of the product exactly as it appears on the principal display panel of the product.

   Product category--The applicable category that best describes the product as listed in this section.

   Product line--A group of products of identical form and function belonging to the same product category.

   Propellant--A liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or other material from the same self-pressurized container or from a separate container.

   Pump spray--A packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.

   Reconcile or reconciliation--Providing sufficient VOC emission reductions to completely offset shortfalls generated under the ACP during an applicable compliance period.

   Reconciliation of shortfalls plan--The plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the Department under § 130.458 (relating to notification of modification to an ACP by the responsible ACP party).

   Responsible party--The company, firm or establishment which is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party which the product was manufactured for or distributed by, as noted on the label.

   Responsible ACP party--The company, firm or establishment which is listed on the ACP product's label. If the label lists two or more companies, firms or establishments, the responsible ACP party is the party which the ACP product was manufactured for or distributed by, as noted on the label.

   Restricted materials--Pesticides established as restricted materials under applicable laws or regulations of the Commonwealth.

   Retailer--A person who sells, supplies or offers consumer products for sale directly to consumers.

   Retail outlet--An establishment at which consumer products are sold, supplied or offered for sale directly to consumers.

   Roll-on product--An antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.

   Rubber and vinyl protectant--A product designed to protect, preserve or renew vinyl, rubber and plastic on vehicles, tires, luggage, furniture and household products such as vinyl covers, clothing and accessories. The term does not include products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing or protective substance on the tire.

   Rubbing alcohol--A product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage.

   Sealant and caulking compound--A product with adhesive properties that is designed to fill, seal, waterproof or weatherproof gaps or joints between two surfaces.

   (i)  The term does not include roof cements and roof sealants; insulating foams; removable caulking compounds; clear/paintable/water resistant caulking compounds; floor seam sealers; products designed exclusively for automotive uses; or sealers that are applied as continuous coatings.

   (ii)  The term also does not include units of product, less packaging, which weigh more than 1 pound and consist of more than 16 fluid ounces.

   (iii)  For the purposes of this definition only.

   (A)  ''Removable caulking compounds'' means a compound which temporarily seals windows or doors for 3 to 6 month time intervals.

   (B)  ''Clear/paintable/water resistant caulking compounds'' means a compound which contains no appreciable level of opaque fillers or pigments; transmits most or all visible light through the caulk when cured; is paintable; and is immediately resistant to precipitation upon application.

   Semisolid--A product that, at room temperature, will not pour, but will spread or deform easily, including gels, pastes and greases.

   Shaving cream--An aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial or other bodily hair.

   Shortfall--The ACP Emissions minus the ACP Limit when the ACP Emissions were greater than the ACP Limit during a specified compliance period, expressed to the nearest pound of VOC. The term does not include emissions occurring prior to the date that the ACP agreement approving an ACP is signed by the Department.

   Silicone-based multi-purpose lubricant--

   (i)  A lubricant which is:

   (A)  Designed and labeled to provide lubricity primarily through the use of silicone compounds, including polydimethylsiloxane.

   (B)  Designed and labeled for general purpose lubrication, or for use in a wide variety of applications.

   (ii)  The term does not include products designed and labeled exclusively to release manufactured products from molds.

   Single-phase aerosol air freshener--An aerosol air freshener with the liquid contents in a single homogeneous phase and which does not require that the product container be shaken before use.

   Solid--A substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D-4359-90.

   Special purpose spray adhesive--

   (i)  An aerosol adhesive that meets one or more of the following definitions:

   (A)  Mounting adhesive. An aerosol adhesive designed to permanently mount photographs, artwork and other drawn or printed media to a backing (paper, board, cloth, and the like) without causing discoloration to the artwork.

   (B)  Flexible vinyl adhesive. An aerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least 5%, by weight, of plasticizer content.

   (C)  Polystyrene foam adhesive. An aerosol adhesive designed to bond polystyrene foam to substrates.

   (D)  Automobile headliner adhesive. An aerosol adhesive designed to bond together layers in motor vehicle headliners.

   (E)  Polyolefin adhesive. An aerosol adhesive designed to bond polyolefins to substrates.

   (F)  Laminate repair/edgebanding adhesive. An aerosol adhesive designed for:

   (I)  The touch-up or repair of items laminated with high pressure laminates (for example--lifted edges, delaminates, and the like).

   (II)  The touch-up, repair or attachment of edgebanding materials, including other laminates, synthetic marble, veneers, wood molding and decorative metals.

   (G)  High pressure laminate. Sheet materials which consist of paper, fabric or other core material that have been laminated at temperatures exceeding 265°F, and at pressures between 1,000 and 1,400 psi.

   (H)  Automotive engine compartment adhesive. An aerosol adhesive designed for use in motor vehicle under-the-hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures of 200-275°F.

   Spot remover--A product designed to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery and clothing, that does not require subsequent laundering to achieve stain removal. The term does not include:

   (i)  Dry cleaning fluid.

   (ii)  Laundry prewash.

   (iii)  Carpet and upholstery cleaner.

   (iv)  Multi-purpose solvent.

   Spray buff product--A product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.

   Stick product--An antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the affected area.

   Structural waterproof adhesive--An adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM-A-181 (Type 1, Grade A) and MIL-A-4605 (Type A, Grade A and Grade C). This definition is as per the Federal Consumer Products Regulation in 40 CFR 59 Subpart C.

   Surplus reduction--The ACP limit minus the ACP emissions when the ACP Limit was greater than the ACP emissions during a given compliance period, expressed to the nearest pound of VOC. Except as provided in § 130.456 (relating to alternative control plan (ACP) for consumer products), the term does not include emissions occurring prior to the date that the ACP agreement approving an ACP is signed by the Department.

   Surplus trading--The buying, selling or transfer of surplus reductions between responsible ACP parties.

   TMHE--Total maximum historical emissions--The total VOC emissions from all ACP products for which the responsible ACP party has failed to submit the required VOC content or enforceable sales records. The TMHE shall be calculated for each ACP product during each portion of a compliance period for which the responsible ACP has failed to provide the required VOC content or enforceable sales records. The TMHE shall be expressed to the nearest pound and calculated according to the following calculation:

   (TMHE = MHE)₁ + (MHE)₂ + ... + (MHE)_N

   where,

               Highest VOC Content ×
                     Highest Sales
MHE = ( _________________ ) × Missing Data Days
                        100 × 365

Highest
VOC Content  = the maximum VOC content which the ACP product has contained in the previous 5 years, if the responsible ACP party has failed to meet the requirements for reporting VOC content data (for a portion of the compliance period), as specified in the ACP agreement approving the ACP, or the current actual VOC content, if the responsible ACP party has provided all required VOC content data (for the entire compliance period), as specified in the ACP agreement.

Highest Sales  = the maximum 1-year gross Pennsylvania sales of the ACP product in the previous 5 years, if the responsible ACP party has failed to meet the requirements for reporting enforceable sales records (for a portion of the compliance period), as specified in the ACP agreement approving the ACP, or the current actual 1-year enforceable sales for the product, if the responsible ACP party has provided all required enforceable sales records (for the entire compliance period), as specified in the ACP agreement approving the ACP.

Missing Data  = the number of days in a compliance period for which the responsible days ACP party has failed to provide the required enforceable sales or VOC content data as specified in the ACP agreement approving an ACP.

1, 2, ..., N  = each product in an ACP, up to the maximum N, for which the responsible ACP party has failed to submit the required enforceable sales or VOC content data as specified in the ACP agreement approving an ACP.

   Table B compound--A carbon-containing compound listed as an exception to the definition of VOC.

   Terrestrial--To live on or grow from land.

   Tire sealant and inflation--A pressurized product that is designed to temporarily inflate and seal a leaking tire.

   Type A propellant--A compressed gas such as CO₂, N₂, N₂O or compressed air which is used as a propellant, and is either incorporated with the product or contained in a separate chamber within the product's packaging.

   Type B propellant--A halocarbon which is used as a propellant, including:

   (i)  Chlorofluorocarbons (CFCs).

   (ii)  Hydrochlorofluorocarbons (HCFCs).

   (iii)  Hydrofluorocarbons (HFCs).

   Type C propellant--A propellant which is not a Type A or Type B propellant, including propane, isobutane, n-butane and dimethyl ether (also known as dimethyl oxide).

   Undercoating--An aerosol product designed to impart a protective, nonpaint layer to the undercarriage, trunk interior or firewall of motor vehicles to prevent the formation of rust or to deaden sound. The term includes, but is not limited to, rubberized, mastic or asphaltic products.

   Usage directions--The text or graphics on the product's principal display panel, label or accompanying literature that describes to the end user how and in what quantity the product is to be used.

   VOC content--Except for charcoal lighter products, the total weight of VOC in a product expressed as a percentage of the product weight (exclusive of the container or packaging), as determined under § 130.431 (relating to testing for compliance).

   For charcoal lighter material products only,

                       (Certified Emissions × 100)
VOC Content = _________________
                              Certified Use Rate

Certified
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.

   Wasp and hornet insecticide--An insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects or their hiding place.

   Waterproofer--A product designed and labeled exclusively to repel water from fabric or leather substrates. The term does not include fabric protectants.

   Wax--A material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high molecular weight polymers (plastics). The term includes:

   (i)  Substances derived from the secretions of plants and animals such as carnuba wax and beeswax.

   (ii)  Substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.

   Web spray adhesive--An aerosol adhesive which is not a mist spray or special purpose spray adhesive.

   Wood floor wax--Wax-based products for use solely on wood floors.

   Working day--A day between Monday through Friday, inclusive, except for days that are Federal holidays.

STANDARDS

§ 130.211.  Table of standards.

   Except as provided in §§ 130.331--130.337 (relating to exemptions), §§ 130.351--130.352 (relating to innovative products), §§ 130.411--130.414 (relating to variances) and §§ 130.451--130.464 (relating to ACP for consumer products), a person may not sell, supply, offer for sale or manufacture for sale in this Commonwealth a consumer product manufactured on or after January 1, 2005, which contains VOCs in excess of the limits specified in the following table of standards:

Table of Standards
(percent VOC by weight)

	Effective
	Date
Product Category	1/1/2005
Adhesives
Aerosol:
Mist Spray	65
Web Spray	55
Special Purpose Spray Adhesives:
Mounting, Automotive Engine
Compartment, and Flexible Vinyl	70
Polystyrene Foam and Automotive  Headliner	65
Polylolefin and Laminate Repair	60
Edgebanding	80
Contact	15
Construction, Panel and Floor Covering	10
General Purpose	15
Structural Waterproof
Air Fresheners
Single-Phase Aerosols	30
Double-Phase Aerosols	25
Liquids/Pump Sprays Solids/Gels	18
Antiperspirants
Aerosol	40 HVOC 10 MVOC
Non-Aerosol	0 HVOC 0 MVOC
Automotive Brake Cleaners	45
Automotive Rubbing or Polishing Compound	17
Automotive Wax, Polish, Sealant or Glaze
Hard Paste Waxes	45
Instant Detailers	3
All Other Forms	15
Automotive Windshield Washer Fluids	35
Bathroom and Tile Cleaners
Aerosols	7
All Other Forms	5
Bug and Tar Remover	40
Carburetor or Fuel-Injection Air Intake    Cleaners	45
Carpet and Upholstery Cleaners
Aerosols	7
Non-Aerosols (Dilutables)	0.1
Non-Aerosols (Ready-to-Use)	3.0
Charcoal Lighter Material	See § 130.214
Cooking Spray Aerosols	18
Deodorants
Aerosol	0 HVOC 10 MVOC
Non-Aerosol	0 HVOC 0 MVOC
Dusting Aids
Aerosols	25
All Other Forms	7
Engine Degreasers
Aerosol	5
Non-Aerosol	5
Fabric Protectants	60
Floor Polishes/Waxes
Products for Flexible Flooring Materials	7
Products for Nonresilient Flooring	10
Wood Floor Wax	90
Floor Wax Strippers
Non-Aerosol	See § 130.216
Furniture Maintenance Products
Aerosols	17
All Other Forms Except Solid or Paste	7
General Purpose Cleaners
Aerosols	10
Non-Aerosols	4
General Purpose Degreasers
Aerosols and Non-Aerosols	50
Glass Cleaners
Aerosols	12
Non-Aerosols	4
Hair Mousses	6
Hairshines	55
Hairsprays	55
Hair Styling Gels	6
Heavy-Duty Hand Cleaner or Soap	8
Insecticides
Crawling Bug (Aerosol)	15
Crawling Bug (all other forms)	20
Flea and Tick	25
Flying Bug (Aerosol)	25
Flying Bug (all other forms)	35
Foggers	45
Lawn and Garden (all other forms)	20
Lawn and Garden (Non-Aerosol)	3
Wasp and Hornet	40
Laundry Prewash
Aerosols / Solids	22
All Other Forms	5
Laundry Starch Products	5
Metal Polishes / Cleansers	30
Multi-Purpose Lubricant (Excluding Solid or    Semi-Solid Products)	50
Nail Polish Remover	75
Non-Selective Terrestrial Herbicide
Non-Aerosols	3
Oven Cleaners
Aerosols / Pump Sprays	8
Liquids	5
Paint Remover or Strippers	50
Penetrants	50
Rubber and Vinyl Protectants
Non-Aerosols	3
Aerosols	10
Sealants and Caulking Compounds	4
Shaving Creams	5
Silicone-Based Multi-Purpose Lubricants    (Excluding Solid or Semi-Solid Products)	60
Spot Removers
Aerosols	25
Non-Aerosols	8
Tire Sealants and Inflators	20
Undercoatings
Aerosols	40

§ 130.212.  Products diluted prior to use.

   (a)  For consumer products for which the label, packaging or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to use, the limits specified in § 130.211 (relating to table of standards) apply to the product only after the minimum recommended dilution has taken place. For purposes of this subsection, minimum recommended dilution does not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils or stains.

   (b)  For consumer products for which the label, packaging or accompanying literature states that the product should be diluted with a VOC solvent prior to use, the limits specified in § 130.211 apply to the product only after the maximum recommended dilution has taken place.

§ 130.213.  Products registered under FIFRA.

   For those consumer products that are registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (7 U.S.C.A. §§ 136--136y), the effective date of the VOC standards specified in the Table of Standards is 1 year after the date specified in § 130.211 (relating to table of standards).

§ 130.214.  Requirements for charcoal lighter materials.

   The following requirements apply to charcoal lighter material products as defined in § 130.202 (relating to definitions).

   (1)  Regulatory standards. A person may not sell, supply or offer for sale after January 1, 2005, a charcoal lighter material product unless at the time of the transaction:

   (i)  The manufacturer can demonstrate that the manufacturer has been issued a currently effective certification by the CARB under the Consumer Products provisions under Subchapter 8.5, Article 2, Section 94509(h), of Title 17 of the CCR. This certification remains in effect for as long as the CARB certification remains in effect. A manufacturer claiming such a certification on this basis shall submit to the Department a copy of the certification decision (that is, the Executive Order), including all conditions established by CARB applicable to the certification.

   (ii)  The manufacturer or distributor of the charcoal lighter material has been issued a currently effective certification under paragraph (2).

   (iii)  The charcoal lighter material meets the formulation criteria and other conditions specified in the applicable ACP Agreement issued under paragraph (2).

   (iv)  The product usage directions for the charcoal lighter material are the same as those provided to the Commonwealth under paragraph (2)(iii).

   (2)  Certification requirements.

   (i)  A charcoal lighter material formulation will not be certified under this subsection unless the applicant for certification demonstrates to the Department's satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter material are less than or equal to 0.020 pound of VOC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, dated February 27, 1991 (South Coast Air Quality Management District Rule 1174 Testing Protocol). The provisions relating to LVP-VOC in § 130.333 (relating to LVP-VOCs) do not apply to a charcoal lighter material subject to the requirements of this section and § 130.211 (relating to table of standards).

   (ii)  The Department may approve alternative test procedures which are shown to provide equivalent results to those obtained using the South Coast Air Quality Management District Rule 1174 Test Protocol.

   (iii)  A manufacturer or distributor of charcoal lighter material may apply to the Department for certification of a charcoal lighter material formulation.

   (3)  Notice of modifications. For a charcoal lighter material for which certification has been granted the applicant for certification shall notify the Department in writing within 30 days of:

   (i)  A change in the usage directions.

   (ii)  A change in product formulation, test results or other information submitted under paragraph (2) which may result in VOC emissions greater than 0.020 pound of VOC per start.

   (4)  Revocation of certification. If the Department determines that a certified charcoal lighter material formulation results in VOC emissions from the ignition of charcoal which are greater than 0.020 pound of VOC per start, as determined by the South Coast Air Quality Management District Rule 1174 Testing Protocol and the statistical analysis procedures contained therein, the Department will revoke or modify the certification as is necessary to assure that the charcoal lighter material will result in VOC emissions of less than or equal to 0.020 pound of VOC per start.

§ 130.215.  Requirements for aerosol adhesives.

   (a)  As specified in CCR Section 41712(h)(2), the standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial and commercial uses. Except as otherwise provided in §§ 130.331--130.337 (relating to exemptions); §§ 130.351 and 130.352 (relating to innovative products); and §§ 130.411--130.414 (relating to variances), a person may not sell, supply, offer for sale, use or manufacture for sale in this Commonwealth an aerosol adhesive which, at the time of sale, use or manufacture, contains VOCs in excess of the specified standard.

   (b)  For a special purpose spray adhesive:

   (1)  To qualify as a special purpose spray adhesive, the product shall meet one or more of the definitions specified in § 130.202 (relating to definitions), but if the product label indicates that the product is suitable for use on a substrate or application not listed in § 130.202, the product will be classified as either a ''web spray adhesive'' or a ''mist spray adhesive.''

   (2)  If a product meets more than one of the definitions specified in § 130.202 for special purpose spray adhesive, and is not classified as a web spray adhesive or mist spray adhesive, the VOC limit for the product shall be the lowest applicable VOC limit specified in § 130.211 (relating to table of standards).

   (c)  Aerosol adhesives shall comply with the labeling requirements specified in § 130.373 (relating to additional labeling requirements for aerosol adhesives).

§ 130.216.  Requirements for floor wax strippers.

   A person may not sell, supply, offer for sale or manufacture for use in this Commonwealth a floor wax stripper unless the following requirements are met:

   (1)  The label of each nonaerosol floor wax stripper shall specify a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of 3% by weight or less.

   (2)  If a nonaerosol floor wax stripper is also intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper shall specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12% by weight or less.

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