PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 130]
Consumer Products
[37 Pa.B. 5117]
[Saturday, September 15, 2007]The Environmental Quality Board (Board) proposes to amend Chapter 130, Subchapter B (relating to consumer products) to read as set forth in Annex A. The proposed rulemaking will amend the Table of Standards to add volatile organic compound (VOC) content limits for an additional 11 categories of consumer products and amend the VOC content limits for one category of consumer products currently regulated. The proposed rulemaking also adds definitions for approximately 30 new terms, including those that relate to the new product categories that will be regulated, and amends definitions for approximately 110 existing terms to provide clarity.
This proposed rulemaking was adopted by the Board at its meeting of June 19, 2007.
A. Effective Date
This proposed rulemaking will go into effect upon final-form publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Susan Hoyle, Air Quality Program Specialist, Division of Air Resource Management, P. O. Box 8468, Rachel Carson State Office Building, Harrisburg, PA 17105-8468, (717) 787-9702; or Kristen Campfield, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Information regarding submitting comments on this proposed rulemaking appears in Section J of this preamble. Persons with a disability may use the AT&T Relay Service, (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This proposed rulemaking is available on the Department of Environmental Protection's (Department) website at www.depweb.state.pa.us.
C. Statutory Authority
The proposed rulemaking is 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 8-hour standard, public health and welfare are adversely affected. The United States Environmental Protection Agency (EPA) concluded that there is an association between high levels of ambient ozone and increased hospital admissions for respiratory ailments, such as asthma. While 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 high levels of ambient ozone while engaged in activities that involve physical exertion. Though these symptoms are often temporary, repeated exposure could result in permanent lung damage. High levels of ground-level ozone also cause damage to crops and vegetation, buildings and synthetic fibers, including nylon, and reduce visibility on roadways and in natural areas.
The purpose of this proposed rulemaking is to reduce VOCs emitted from consumer products. Ozone is not directly emitted by consumer products, but is created as a result of the chemical reaction of oxides of nitrogen and VOCs in the presence of light and heat. The proposed rulemaking is part of the Commonwealth's strategy to achieve and maintain the 8-hour ozone standard throughout this Commonwealth. The proposed rulemaking expands upon the consumer products regulation adopted by the Board at its meeting of July 16, 2002. See 32 Pa.B. 4824 (October 5, 2002).
While there are Federal VOC content limits in 40 CFR Part 59, Subpart C (relating to National volatile organic compound emission standards for consumer and commercial products), for certain consumer products already regulated by Chapter 130, Subchapter B, there are no Federal limits for the additional products that will be regulated by this proposed rulemaking.
This proposed rulemaking is consistent with regulatory initiatives that will be undertaken by other jurisdictions in the Ozone Transport Region to address regional transport of ozone precursor emissions. The Ozone Transport Commission (OTC) Member States and the District of Columbia and OTC staff formed a workgroup to discuss additional control measures for consumer products during a series of conference calls and workshops held from spring 2004 through autumn 2006. Representatives of the major consumer products trade associations, including the Consumer Specialty Products Association, the American Solvents Council and the Cosmetic, Toiletry and Fragrance Association, participated in several of the conference calls or meetings and are generally supportive of the initiative. The OTC workgroup collected and evaluated information regarding emission reduction benefits, cost-effectiveness and implementation issues. Based on the analysis by the workgroup, the OTC Commissioners at the OTC Commissioners' meetings in June and November 2006 made recommendations to the OTC Member Jurisdictions to consider additional emission reductions from consumer products. The resulting 2006 OTC Model Rule for Consumer Products is similar to the California Air Resources Board (CARB) consumer products regulation amended in September 2005. Prior to developing this proposed rulemaking, the Department used the OTC model rule and background material as a starting point and reviewed those documents, including specific emission reductions, for applicability in this Commonwealth.
Because the Commonwealth, in conjunction with other OTC Member Jurisdictions, had discussions with representatives of various National consumer product manufacturers in related industries, and gathered their support for the proposed rulemaking, it is important that the proposed amendments to the consumer product regulations be implemented consistently and uniformly in the Ozone Transport Region.
The Department consulted with the Air Quality Technical Advisory Committee (AQTAC) on the proposed rulemaking on March 29, 2007. The AQTAC concurred with the Department's recommendation to seek Board approval of the proposed rulemaking. In addition, the AQTAC encouraged the Department to continue to work with other states to pursue Federal standards for consumer products. The Department also consulted with the Citizens Advisory Council and the Small Business Compliance Advisory Committee.
E. Summary of Regulatory Requirements
This proposed rulemaking amends the following terms defined in § 130.202 (relating to definitions) for clarity, style and format: ''ACP emissions,'' ''ACP limit,'' ''ACP product,'' ''ACP VOC standard,'' ''ASTM,'' ''adhesive,'' ''adhesive remover,'' ''aerosol adhesive,'' ''aerosol cooking spray,'' ''aerosol product,'' ''agricultural use,'' ''air freshener,'' ''all other forms,'' ''antimicrobial hand or body cleaner or soap,'' ''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,'' ''compliance period,'' ''construction, panel and floor covering adhesive,'' ''consumer product,'' ''contact adhesive,'' ''container/packaging,'' ''crawling bug insecticide,'' ''deodorant,'' ''device,'' ''disinfectant,'' ''dry cleaning fluid,'' ''dusting aid,'' ''electronic cleaner,'' ''enforceable sales record,'' ''engine degreaser,'' ''fabric protectant,'' ''facial cleaner or soap,'' ''flea and tick insecticide,'' ''floor polish or wax,'' ''floor seam sealer,'' ''floor wax stripper,'' ''flying bug insecticide,'' ''fragrance,'' ''furniture coating,'' ''furniture maintenance product,'' ''general purpose adhesive,'' ''general purpose cleaner,'' ''general purpose degreaser,'' ''general-use hand or body cleaner or soap,'' ''glass cleaner,'' ''hair mousse,'' ''hair shine,'' ''hair spray,'' ''hair styling gel,'' ''heavy-duty hand cleaner or soap,'' ''herbicide,'' ''household product,'' ''insecticide,'' ''insecticide fogger,'' ''institutional product or industrial and institutional (I&I) product,'' ''LVP content or lower vapor pressure content,'' ''LVP-VOC or lower vapor pressure-VOC,'' ''laundry prewash,'' ''laundry starch product,'' ''lawn and garden insecticide,'' ''liquid,'' ''lubricant,'' ''medicated astringent/medicated toner,'' ''metal polish/cleanser,'' ''multipurpose dry lubricant,'' ''multipurpose lubricant,'' ''multipurpose solvent,'' ''nail polish,'' ''nail polish remover,'' ''nonresilient flooring,'' ''oven cleaner,'' ''paint,'' ''paint remover or stripper,'' ''penetrant,'' ''Pennsylvania sales,'' ''pesticide,'' ''plasticizer,'' ''pre-ACP VOC content,'' ''principal display panel or panels,'' ''product category,'' ''rubber and vinyl protectant,'' ''sealant and caulking compound,'' ''shaving cream,'' ''shortfall,'' ''silicone-based multipurpose lubricant,'' ''solid,'' ''special purpose spray adhesive,'' ''spot remover,'' ''spray buff product,'' ''structural waterproof adhesive,'' ''surplus reduction,'' ''TMHE--total maximum historical emissions,'' ''tire sealant and inflation,'' ''type B propellant,'' ''type C propellant,'' ''undercoating,'' ''VOC content,'' ''wasp and hornet insecticide,'' ''waterproofer,'' ''wax'' and ''wood floor wax.''
This proposed rulemaking adds the following definitions to § 130.202 to improve clarity or explain new product categories: ''aerosol coating product,'' ''antistatic product,'' ''certified emissions,'' ''certified use rate,'' ''contact adhesive--general purpose,'' ''contact adhesive--special purpose,'' ''deodorant body spray,'' ''electrical cleaner,'' ''energized electrical cleaner,'' ''existing product,'' ''fabric refresher,'' ''floor and wall covering adhesive remover,'' ''floor coating,'' ''footwear or leather care product,'' ''gasket adhesive or thread locking adhesive remover,'' ''general purpose adhesive remover,'' ''graffiti remover,'' ''hair styling product,'' ''high pressure laminate,'' ''highest sales,'' ''highest VOC content,'' ''personal fragrance product,'' ''pressurized gas duster,'' ''product form,'' ''shaving gel,'' ''specialty adhesive remover,'' ''toilet/urinal care product,'' ''vinyl/fabric/leather/polycarbonate coating'' and ''wood cleaner.''
The proposed rulemaking amends § 130.211 (relating to table of standards) by adding VOC content limits for 11 new categories of consumer products and revising the VOC content limits for one category of product currently regulated (contact adhesive). This section sets forth the percentage of VOC by weight that cannot be exceeded for consumer products that are sold, supplied, offered for sale or manufactured for sale in this Commonwealth. The 11 new categories are as follows: adhesive remover (floor and wall covering, gasket or thread locking, general purpose and specialty); antistatic product; electrical cleaner; electronic cleaner; fabric refresher; footwear or leather care product; graffiti remover; hair styling product; shaving gel; toilet/urinal care product; and wood cleaner.
The proposed rulemaking amends §§ 130.213--130.215 (relating to products registered under FIFRA; requirements for charcoal lighter materials; and requirements for aerosol adhesives) for clarity and format. In addition, the proposed rulemaking amends § 130.214 to incorporate future changes in test procedures.
The proposed rulemaking adds § 130.217 (relating to sell-through of products) to allow for sell-through of products manufactured prior to applicable effective dates.
The proposed rulemaking amends §§ 130.331, 130.332, 130.334, 130.335 and 130.338 for clarity and format. In addition, the proposed rulemaking deletes ''air fresheners'' from § 130.335 (relating to air fresheners) for consistency with the OTC model rule, because these air fresheners would be regulated in the new category ''toilet/urinal care product.''
The proposed rulemaking amends § 130.371 (relating to code-dating) by updating the product dating requirements and explaining the format and location for the date code. The proposed rulemaking also requires that a manufacturer must submit an explanation of its modified codes to the Department before products displaying the modified code can be sold.
The proposed rulemaking adds § 130.372(a) and (b) (relating to most restrictive limit). Section 130.372(a) establishes the lowest applicable VOC limit requirements for products manufactured before January 1, 2009, and Federal Insecticide, Fungicide and Rodenticide Act (FIFRA)-registered insecticides manufactured before January 1, 2010. Section 130.372(b) establishes the lowest applicable VOC limit requirements for products manufactured on or after January 1, 2009, and FIFRA-registered insecticides manufactured on or after January 1, 2010.
The proposed rulemaking requires additional information on product containers for products in § 130.373 (relating to additional labeling requirements for aerosol adhesives).
The proposed rulemaking amends §§ 130.411, 130.412 and 130.414 (relating to application for variance; variance orders; and modification of variance) for format.
The proposed rulemaking amends § 130.431 (relating to testing for compliance) to update the reference date for several test protocols and standards and to incorporate future amendments of test protocols and standards.
The proposal amends §§ 130.452--130.455, 130.457, 130.458, 130.460, 130.462 and 130.465 for clarity.
The proposed rulemaking amends § 130.471 (relating to public hearings) to require the applicant for a variance or alternative control plan to publish the notice for three public hearings in newspapers of general circulation not less than 30 days prior to the hearings. The Department will publish the notice in the Pennsylvania Bulletin.
This proposed rulemaking is necessary to achieve and maintain the 8-hour ozone National Ambient Air Quality Standard. The proposed rulemaking, if adopted, will be submitted to the EPA as a revision to the State Implementation Plan.
F. Benefits, Costs and Compliance
Benefits
Overall, the citizens of this Commonwealth will benefit from this proposed rulemaking because it will result in improved air quality by reducing ozone precursor emissions and will encourage new technologies and practices, which will reduce emissions. The proposed rulemaking will also result in reduced levels of hazardous air pollutants (HAPs) throughout this Commonwealth. In addition, the proposed rulemaking will reduce citizen exposure to a variety of solvents, including HAPs that are used in a variety of consumer products.
Compliance Costs
Under this proposed rulemaking it is estimated that the reduction of VOC content of the affected consumer products will cost approximately $4,000 per ton of VOC emissions reduced based on annual emission reductions of approximately 767 tons or 0.13 pound per resident per year. This equates to an estimated annual cost increase of $3.1 million annually, or 26¢ per Commonwealth resident per year. Applicants for a variance or alternative compliance plan will incur the costs of publishing notice of the time, place and purpose of the three public hearings in newspapers of general circulation.
Compliance Assistance Plan
The Department plans to educate and assist the public and regulated community in understanding the newly amended requirements and how to comply with them. This will be accomplished through the Department's ongoing Regional Compliance Assistance Program.
Paperwork Requirements
The proposed rulemaking will not increase the paperwork that is already generated during the normal course of business operations.
G. Pollution Prevention
The Federal Pollution Prevention Act of 1990 (42 U.S.C.A. §§ 13101--13109) established a National policy that promotes pollution prevention as the preferred means for achieving state environmental protection goals. The Department encourages pollution prevention, which is the reduction or elimination of pollution at its source, through the substitution of environmentally friendly materials, more efficient use of raw materials and the incorporation of energy efficiency strategies. Pollution prevention practices can provide greater environmental protection with greater efficiency because they can result in significant cost savings to facilities that permanently achieve or move beyond compliance. This proposed rulemaking incorporates the following pollution prevention incentives:
The proposed rulemaking will assure that the citizens and the environment of this Commonwealth will continue to experience the benefits of reduced emissions of VOCs and HAPs from low-VOC consumer products. Although the requirements are to address ozone air quality by reducing emissions of ozone precursors, the reformulation of products to meet the VOC content limits will also result in the reduction of HAP emissions. The proposed rulemaking will result in improved indoor and outdoor air quality for citizens of the Commonwealth by reducing ozone precursor emissions and HAP compounds. The reduced levels of HAPs will also benefit water quality through reduced loading on water treatment plants and in reduced quantities of HAP compounds in spillage on the ground.
H. Sunset Review
This proposed rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
I. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 28, 2007, the Department submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House and Senate Environmental Resources and Energy Committees. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Department, the General Assembly and the Governor of comments, recommendations or objections raised.
J. Public Comments
Written comments. Interested persons are invited to submit comments, suggestions or objections regarding the proposed rulemaking to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th 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 November 14, 2007. 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 November 14, 2007. 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 final regulation will be considered.
Electronic comments. Comments may be submitted electronically to the Board at RegComments@state.pa.us and must also be received by the Board by November 14, 2007. A subject heading of the proposal and a return name and address must be included in each transmission.
K. Public Hearings
The Board will hold three public hearings for the purpose of accepting comments on this proposed rulemaking. The hearings will be held as follows:
October 15, 2007
1 p.m.Department of Environmental Protection
Rachel Carson State Office Building
Room 105
400 Market Street
Harrisburg, PA 17105October 15, 2007
1 p.m.Department of Environmental Protection
Southwest Regional Office
Waterfront A and B Conference Room
400 Waterfront Drive
Pittsburgh, PA 15222October 15, 2007
1 p.m.Department of Environmental Protection
Southeast Regional Office
Delaware River Conference Room
2 East Main Street
Norristown, PA 19401
Persons wishing to present testimony at a hearing are requested to contact the 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 in need of accommodations as provided for in the Americans With Disabilities Act of 1990 should contact the Board at (717) 787-4526 or through the Pennsylvania AT&T Relay Service, (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
KATHLEEN A. MCGINTY,
ChairpersonFiscal Note: 7-416. No fiscal impact; (8) recommends adoption.
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 § 130.201. Applicability.
Except as provided in §§ 130.331--[130.337] 130.338 (relating to exemptions), this subchapter applies to a person who sells, supplies, offers for sale[,] or manufactures a consumer [products] product on or after [January 1, 2005] the applicable effective date in § 130.211 (relating to table of standards), 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 emissions--
[(i)] The sum of the VOC emissions from every ACP product subject to an ACP [Agreement approving an ACP] agreement, 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 where,
(VOC [Content] content) ×
(Enforceable [Sales] sales)(i) Emissions = _________________
100
[where,
(ii) For all products except charcoal lighter material products:
((B-C) × 100)
VOC Content (Percent) = ______
A
A = 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 Rate
Certified Emissions = the emissions level for products approved by the Department under § 130.214 (relating to requirements for charcoal lighter materials), as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 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 (February 27, 1991),'' expressed to the nearest 0.001 pound certified product used per start.](ii) 1,2, . . . N = each product in an ACP up to the maximum N.
ACP limit--The maximum allowable ACP [Emissions] emissions during the compliance period specified in an ACP [Agreement approving an ACP] agreement, expressed to the nearest pound of VOC and calculated according to the following equation:
ACP [Limit] limit = (Limit)1 + (Limit)2 + . . . + (Limit)N
where,
(ACP [Standard] standard) ×
(Enforceable [Sales] sales)(i) Limit = _________________
100
[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 container and packaging).ACP Standard = either the ACP product's Pre-ACP VOC Content, or the applicable VOC standard specified in § 130.211 (relating to table of standards), 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 (expressed as a percentage).](ii) 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] 130.338 (relating to exemptions), or exempted as innovative products under §§ 130.351 and 130.352 (relating to innovative products).
* * * * * ACP VOC standard--The maximum allowable VOC content for an ACP product, determined as follows:
(i) The applicable VOC [Standard] standard specified in § 130.211[,] for all ACP products except [for] charcoal lighter material products.
(ii) For charcoal lighter material products only, the VOC [Standard] standard for the purposes of this [section] subchapter shall be calculated according to the following equation:
VOC [Standard] standard =
(0.020 pound CH2 per start × 100)
_________________
Certified [Use Rate] 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 (February 27, 1991), expressed to the nearest 0.001 pound certified product used per start.]ASTM--[The] ASTM International, formerly the American Society for Testing and Materials.
Adhesive--A product that is formulated or labeled to be used to bond one surface to another by attachment.
(i) The term includes caulks, sealants, glues and similar substances used for the purpose of forming a bond.
(ii) The term does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners[,] or other products with an adhesive incorporated onto or in an inert substrate.
[(ii) For contact adhesives, the term does not include aerosol adhesives or units of product, less packaging, which consist of more than 1 gallon.
(iii) For construction, panel and floor covering adhesive and general purpose adhesive, the term does not include aerosol adhesives or units of product which consist of more than 1 pound or 16 fluid ounces, less packaging.]
Adhesive remover--
(i) A product [designed exclusively for the removal of adhesives, caulk and other bonding materials] formulated or labeled to remove adhesive from either a specific substrate or a variety of substrates.
(ii) The term does not include products that remove adhesives intended exclusively for use on humans or animals.
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. The term includes the following:
(i) Special purpose spray adhesive.
(ii) Mist spray adhesive.
(iii) Web spray adhesive.
Aerosol coating product--A pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant and is packaged in a disposable can designed for hand-held application or for use in specialized equipment for ground traffic marking applications.
Aerosol cooking spray--An aerosol product [designed] formulated or labeled 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 contained in the product or the product's container or by means of a 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:
* * * * * (iii) Industrial use. Use for or in a manufacturing, mining or chemical process or use in the operation of factories, processing plants and similar sites.
* * * * * Air freshener--A consumer product, including sprays, wicks, powders and crystals, [designed] formulated or labeled for the purpose of masking odors, or freshening, cleaning, scenting or deodorizing the air.
(i) The term does not include the following:
* * * * * (B) Products that function primarily as cleaning products, as indicated on a product label.
* * * * * (E) Toilet/urinal care products.
* * * * * All other forms--Consumer product forms for which no form-specific VOC standard is specified in §§ 130.211--[130.216] 130.217 (relating to standards). 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] formulated or labeled to reduce the level of microorganisms on the skin through germicidal activity. The term includes the following:
* * * * * Antistatic product--A product that is formulated or labeled to eliminate, prevent or inhibit the accumulation of static electricity. The term does not include the following:
(i) Electronic cleaner.
(ii) Floor polish or wax.
(iii) Floor coating.
(iv) Aerosol coating product.
(v) Architectural coating.
* * * * * 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 the following:
* * * * * Automotive brake cleaner--A cleaning product [designed] formulated or labeled 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] Formulated or labeled to protect and improve the appearance of automotive paint surfaces.
* * * * * Automotive instant detailer--A product [designed] formulated or labeled 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] formulated or labeled 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] formulated or labeled to seal out moisture, increase gloss or otherwise enhance a motor vehicle's painted surfaces.
(i) The term includes products [designed] formulated or labeled for:
* * * * * (ii) The term does not include the following:
* * * * * (D) Products [designed] formulated or labeled for use on unpainted surfaces such as bare metal, chrome, glass or plastic.
Automotive windshield washer fluid--A liquid [designed] formulated or labeled 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] formulated or labeled to clean tile or surfaces in bathrooms. The term does not include products [specifically designed] formulated or labeled to clean toilet bowls [or], toilet tanks or urinals.
Bug and tar remover--A product [designed] formulated or labeled to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish:
* * * * * Carburetor or fuel-injection air intake cleaners--
(i) A product [designed] formulated or labeled to remove fuel deposits, dirt or other contaminants from a carburetor, choke, throttle body of a fuel-injection system or associated linkages.
(ii) The term does not include products [designed] formulated or labeled 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] formulated or labeled 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 the following:
(A) General purpose [cleaners, spot removers, vinyl] cleaner.
(B) Spot remover.
(C) Vinyl or leather [cleaners or dry] cleaner.
(D) Dry cleaning fluids.
[(B)] (E) Products [designed] formulated or labeled exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.
Certified emissions--The emissions level for products approved by the Department under § 130.214 (relating to requirements for charcoal lighter material products), as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991), including subsequent amendments, 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 (February 27, 1991), including subsequent amendments, expressed to the nearest 0.001 pound certified product used per start.
Charcoal lighter material--A combustible material [designed] formulated or labeled to be applied on, incorporated in, added to or used with charcoal to enhance ignition. The term does not include the following:
* * * * * Compliance period--The period of time, not to exceed 1 year, for which the ACP [Limit] limit and ACP [Emissions] emissions are calculated and for which compliance with the ACP [Limit] 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] formulated or labeled exclusively for the installation, remodeling, maintenance or repair of:
(A) Structural and building components that include[, but are not limited to,] the following:
* * * * * (B) Floor or wall coverings that include[, but are not limited to,] the following:
* * * * * (ii) The term does not include [floor seam sealer.] the following:
(A) Floor seam sealer.
(B) Units of product that weigh more than 1 pound and consist of more than 16 fluid ounces, less packaging.
* * * * * Consumer product--
(i) A chemically formulated product used by household and institutional consumers including the following:
* * * * * (L) Aerosol adhesives, including aerosol adhesives used for consumer, industrial or commercial uses.
* * * * * Contact adhesive--
(i) An adhesive that:
(A) Is [designed] formulated or labeled for application to both surfaces to be bonded together.
* * * * * (ii) The term does not include [rubber] the following:
(A) Rubber cements that are primarily intended for use on paper substrates.
(B) Vulcanizing fluids that are formulated or labeled for tire repair only.
(C) Units of product, less packaging, that consist of more than 1 gallon.
Contact adhesive-general purpose--A contact adhesive that is not a ''contact adhesive--special purpose.''
Contact adhesive-special purpose--A contact adhesive that is formulated or labeled to be used for either of the following:
(i) To bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high pressure laminate or wood veneer 1/16 inch or less in thickness to a porous or nonporous surface, and is sold in units of product, less packaging, that contain more than 8 fluid ounces.
(ii) In automotive applications that are either of the following:
(A) Automotive under-the-hood applications requiring heat, oil or gasoline resistance.
(B) Attachment of body-side molding, automotive weatherstrip or decorative trim.
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] formulated 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.
* * * * * Crawling bug insecticide--An insecticide product that is [designed] formulated or labeled for use against ants, cockroaches or other household crawling arthropods, including mites, silverfish or spiders. The term does not include products [designed] formulated or labeled to be used exclusively on humans or animals, or house dust mite product. For the purposes of this definition only:
* * * * * Deodorant--[A] For products manufactured as follows:
(i) Before January 1, 2009, 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.
(ii) On or after January 1, 2009, a product, including aerosols, roll-ons, sticks, pumps, pads, creams and squeeze-bottles, that indicates or depicts on the container or packaging, or on a sticker or label affixed to the container or packaging, that the product can be used on or applied to the human axilla to provide a scent or minimize odor. The term includes a deodorant body spray product that indicates or depicts on the container or packaging, or on a sticker or label affixed to the container or packaging, that it can be used on or applied to the human axilla.
Deodorant body spray--For products manufactured as follows:
(i) Before January 1, 2009, a personal fragrance product with 20% or less fragrance.
(ii) On or after January 1, 2009, a personal fragrance product with 20% or less fragrance, that is formulated or labeled for application all over the human body to provide a scent. The term includes a deodorant product that indicates or depicts on the container or packaging, or on a sticker or label affixed to the container or packaging, that it can be used on or applied to the human axilla.
Device--
(i) 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] humans and other than bacteria, [virus] viruses or other [microorganism] microorganisms on or in living [man] humans or [other] living animals).
(ii) The term does not include equipment used for the application of pesticides when sold separately.
Disinfectant--
* * * * * (ii) The term does not include the following:
(A) Products [designed] formulated or labeled solely for use on humans or animals.
(B) Products [designed] formulated or labeled for agricultural use.
(C) Products [designed] formulated or labeled 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] formulated or labeled primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners or metal polishes.
* * * * * Dry cleaning fluid--
(i) A nonaqueous liquid product [designed and] formulated or labeled exclusively for use on:
* * * * * (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.
* * * * * Dusting aid--A product [designed] formulated or labeled 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] pressurized gas dusters.
Electrical cleaner--A product formulated or labeled to remove heavy soils like grease, grime or oil from electrical equipment, including electric motors, armatures, relays, electric panels and generators. The term does not include the following:
(i) General purpose cleaner.
(ii) General purpose degreaser.
(iii) Dusting aid.
(iv) Electronic cleaner.
(v) Energized electrical cleaner.
(vi) Pressurized gas duster.
(vii) Engine degreaser.
(viii) Antistatic product.
(ix) Products designed to clean the casings or housings of electrical equipment.
Electronic cleaner--
(i) A product [designed specifically] formulated or labeled for the removal of dirt, [grease or grime] moisture, dust, flux or oxides from [electrical] the internal components of electronic or precision equipment [such as electric motors], including circuit boards[, electricity panels and generators.] and the internal components of electronic devices, including the following:
(A) Radios.
(B) Compact disc (CD) players.
(C) Digital video disc (DVD) players.
(D) Computers.
(ii) The term does not include the following:
(A) General purpose cleaner.
(B) General purpose degreaser.
(C) Dusting aid.
(D) Pressurized gas duster.
(E) Engine degreaser.
(F) Electrical cleaner.
(G) Energized electrical cleaner.
(H) Antistatic product.
(I) Products designed to clean the casings or housings of electronic equipment.
Energized electrical cleaner--
(i) A product that meets both of the following:
(A) The product is formulated or labeled to clean or degrease electrical equipment, where cleaning or degreasing is accomplished when electrical current exists, or when there is a residual electrical potential from a component, such as a capacitor.
(B) The product label clearly states that the product is for energized equipment use only and is not to be used for motorized vehicle maintenance or maintenance of motorized vehicle parts.
(ii) The term does not include electronic cleaners.
* * * * * 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:
* * * * * Engine degreaser--A cleaning product [designed] formulated or labeled to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.
Existing product--A formulation of the same product category and form sold, supplied, manufactured or offered for sale in this Commonwealth prior to January 1, 2005, or a subsequently introduced identical formulation.
Fabric protectant--A product [designed] formulated or labeled 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] the following:
(i) Waterproofers.
(ii) Products designed for use solely on leather [or products].
(iii) Products designed for use solely on fabrics which are labeled ''dry clean only'' and sold in containers of 10 fluid ounces or less.
Fabric refresher--
(i) A product formulated or labeled to neutralize or eliminate odors on nonlaundered fabric, including the following fabrics:
(A) Soft household surfaces.
(B) Rugs.
(C) Carpeting.
(D) Draperies.
(E) Bedding.
(F) Automotive interiors.
(G) Footwear.
(H) Athletic equipment.
(I) Clothing.
(J) Household furniture or objects upholstered or covered with fabrics including wool, cotton or nylon.
(ii) The term does not include the following:
(A) Antistatic product.
(B) Carpet and upholstery cleaner.
(C) Soft household surface sanitizer.
(D) Footwear or leather care product.
(E) Spot remover.
(F) Disinfectant.
(G) Products labeled for application to both fabric and human skin.
(iii) For the purposes of this definition, ''soft household surface sanitizer'' means a product formulated or labeled to neutralize or eliminate odors on surfaces listed in subparagraph (i) and the label for which is registered as a sanitizer under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (7 U.S.C.A. §§ 136--136y).
Facial cleaner or soap--A cleaner or soap [designed] formulated or labeled primarily to clean the face.
(i) The term includes[, but is not limited to, facial] the following:
(A) Facial cleansing [creams, gels, liquids, lotions and substrate-impregnated] cream.
(B) Semisolid.
(C) Liquid.
(D) Lotion.
(E) Substrate-impregnated forms.
(ii) The term does not include the following:
[(i)] (A) Prescription drug products.
[(ii)] (B) Antimicrobial hand or body cleaner or soap.
[(iii)] (C) Astringent/toner.
[(iv)] (D) General-use hand or body cleaner or soap.
[(v)] (E) Medicated astringent/medicated toner.
[(vi)] (F) Rubbing alcohol.
* * * * * Flea and tick insecticide--An insecticide product that is [designed] formulated or labeled for use against fleas, ticks, their larvae or their eggs. The term does not include products that are [designed] formulated or labeled to be used exclusively on humans or animals and their bedding.
* * * * * Floor and wall covering adhesive remover--A product formulated or labeled to remove floor or wall covering and associated adhesive from the underlying substrate.
Floor coating--An opaque coating that is formulated or labeled for application to flooring, including the following:
(i) Decks.
(ii) Porches.
(iii) Steps.
(iv) Other horizontal surfaces which may be subject to foot traffic.
Floor polish or wax--A wax, polish or other product [designed] formulated or labeled to polish, protect or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished. The term does not include the following:
* * * * * (ii) Products [designed] formulated or labeled solely for the purpose of cleaning floors.
* * * * * (iv) Products [designed] formulated or labeled for unfinished wood floors.
* * * * * Floor seam sealer--A product [designed and] formulated or labeled exclusively for bonding, fusing or sealing (coating) seams between adjoining rolls of installed flexible sheet flooring.
Floor wax stripper--A product [designed] formulated or labeled 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] the following:
(i) Aerosol floor wax [strippers or products designed] stripper.
(ii) Products formulated or labeled to remove floor wax solely through abrasion.
Flying bug insecticide--An insecticide product that is [designed] formulated or labeled for use against flying insects or other flying arthropods, including mosquitoes, moths or gnats.
(i) The term does not include the following:
[(i)] (A) Wasp and hornet insecticide.
[(ii)] (B) Products that are [designed] formulated or labeled to be used exclusively on humans or animals.
[(iii)] (C) A moth-proofing product.
(ii) 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] formulated or labeled 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.
Footwear or leather care product--
(i) A product formulated or labeled to be applied to footwear or to other leather articles or components, to maintain, enhance, clean, protect or modify the appearance, durability, fit or flexibility of the footwear or leather article or component. Footwear includes both leather and nonleather foot apparel.
(ii) The term does not include the following:
(A) Fabric protectant.
(B) General purpose adhesive.
(C) Contact adhesive.
(D) Vinyl/fabric/leather/polycarbonate coating.
(E) Rubber and vinyl protectant.
(F) Fabric refresher.
(G) Products formulated or labeled solely for deodorizing.
(H) Sealant products with adhesive properties used to create external protective layers greater than 2 millimeters thick.
Fragrance--A substance or complex mixture of aroma chemicals, natural essential oils and other functional components with a combined vapor pressure not in excess of 2 mm of Mercury at 20° C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.
Furniture coating--A paint formulated or labeled for application to room furnishings, including cabinets (kitchen, bath and vanity), tables, chairs, beds and sofas.
Furniture maintenance product--
(i) A wax, polish, conditioner or other product [designed] formulated or labeled for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors.
(ii) The term does not include [dusting aids, products designed] the following:
(A) Dusting aid.
(B) Wood cleaner.
(C) Products formulated or labeled solely for the purpose of cleaning [and products designed].
(D) Products formulated or labeled to leave a permanent finish [such as], including 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.]
Gasket adhesive or thread locking adhesive remover--
(i) A product formulated or labeled to remove gasket or thread locking adhesives.
(ii) The term includes products formulated or labeled for dual use as a paint stripper and gasket adhesive remover or thread locking adhesive remover.
* * * * * General purpose adhesive---A nonaerosol adhesive [designed] formulated or labeled for use on a variety of substrates. The term does not include the following:
(i) Contact [adhesives] adhesive.
(ii) Construction, panel and floor covering [adhesives] adhesive.
(iii) Adhesives [designed] formulated or labeled 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] formulated or labeled 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).
(v) Units of product that weigh more than 1 pound and consist of more than 16 fluid ounces, less packaging.
General purpose adhesive remover--A product formulated or labeled to remove cyanoacrylate adhesives as well as nonreactive adhesives or residue from a variety of substrates.
(i) The term includes products that are formulated or labeled to remove the following:
(A) Thermoplastic adhesives.
(B) Pressure sensitive adhesives.
(C) Dextrine or starchbased adhesives.
(D) Casein glues.
(E) Rubber or latex-based adhesives.
(F) Stickers, decals, stencils or similar materials.
(ii) The term does not include floor and wall covering adhesive remover.
General purpose cleaner--A product [designed] formulated or labeled for general all-purpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations.
(i) The term includes products [designed] formulated or labeled for general floor cleaning[,] or kitchen or countertop cleaning and cleaners designed to be used on a variety of hard surfaces [and].
(ii) The term does not include general purpose [degreasers] degreaser and electronic [cleaners] cleaner.
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.]
A product formulated or labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts.
(i) The term does not include the following:
(A) Engine degreaser.
(B) General purpose cleaner.
(C) Adhesive remover.
(D) Electrical cleaner.
(E) Electronic cleaner.
(F) Energized electrical cleaner.
(G) Metal polish/cleanser.
(H) Products used exclusively in solvent cleaning tanks or related equipment.
(I) Products that are labeled ''not for retail sale'' and are sold exclusively to establishments that manufacture or construct goods or commodities.
(ii) For the purposes of this definition, the term ''solvent cleaning tanks or related equipment'' includes the following:
(A) Cold cleaners.
(B) Vapor degreasers.
(C) Conveyorized degreasers.
(D) Film cleaning machines.
(E) Products formulated or labeled to clean miscellaneous metallic parts by immersion in a container.
General-use hand or body cleaner or soap--A cleaner or soap [designed] formulated or labeled 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] the following:
(A) Hand or body washes[, dual-purpose].
(B) Dual-purpose shampoo-body cleaners[, shower].
(C) Shower or bath gels [and moisturizing].
(D) Moisturizing cleaners or soaps.
(ii) The term does not include the following:
* * * * * Glass cleaner--A cleaning product [designed] formulated or labeled 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.
Graffiti remover--A product formulated or labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish or shoe polish from a variety of noncloth or nonfabric substrates.
(i) The term does not include the following:
(A) Paint remover or stripper.
(B) Nail polish remover.
(C) Spot remover.
(ii) Products labeled for dual use as both a paint stripper and graffiti remover are considered ''graffiti removers.''
* * * * * Hair mousse--A hairstyling foam [designed] formulated or labeled to facilitate styling of a coiffure and provide limited holding power.
Hair shine--A product [designed] formulated or labeled for the primary purpose of creating a shine when applied to the hair.
(i) The term includes[, but is not limited to,] dual-use products [designed] formulated or labeled primarily to impart a sheen to the hair.
(ii) The term does not include the following:
[(i)] (A) Hair spray.
[(ii)] (B) Hair mousse.
(C) Hair styling product.
[(iii)] (D) Hair styling gel [or spray gel].
[(iv)] (E) 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]
(i) For products manufactured before January 1, 2009, a consumer product [designed] formulated or labeled 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.
(ii) For products manufactured on or after January 1, 2009, a consumer product that is applied to styled hair, and is formulated or labeled to provide sufficient rigidity, to hold, retain or finish the style of the hair for a period of time.
(iii) The term includes the following:
(A) Aerosol hair sprays.
(B) Pump hair sprays.
(C) Spray waxes.
(D) Color, glitter or sparkle hair sprays that make finishing claims.
(E) Products that are both a styling and finishing product.
(iv) The term does not include spray products that are intended to aid in styling but do not provide finishing of a hairstyle.
(v) For the purposes of this subchapter, the terms:
(A) ''Finish'' and ''finishing'' mean the maintaining or holding of previously styled hair for a period of time.
(B) ''Style'' and ''styling'' mean the forming, sculpting or manipulating of the hair to temporarily alter the hair's shape.
Hair styling gel--A consumer product manufactured before January 1, 2009, that is a high viscosity, often gelatinous, product that contains a resin and is formulated or labeled for the application to hair to aid in styling and sculpting of the hair coiffure.
Hair styling product--A consumer product manufactured on or after January 1, 2009, that is formulated or labeled for the application to wet, damp or dry hair to aid in defining, shaping, lifting, styling or sculpting of the hair.
(i) The term includes the following:
(A) Hair balm.
(B) Clay.
(C) Cream.
(D) Creme.
(E) Curl straightener.
(F) Gel.
(G) Liquid.
(H) Lotion.
(I) Paste.
(J) Pomade.
(K) Putty.
(L) Root lifter.
(M) Serum.
(N) Spray gel.
(O) Stick.
(P) Temporary hair straightener.
(Q) Wax.
(R) Spray products that aid in styling but do not provide finishing of a hairstyle.
(S) Leave-in volumizers, detanglers or conditioners that make styling claims.
(ii) The term does not include the following:
(A) Hair mousse.
(B) Hair shine.
(C) Hair spray.
(D) Shampoos or conditioners that are rinsed from the hair prior to styling.
(iii) For the purposes of this subchapter, the terms:
(A) ''Finish'' and ''finishing'' mean the maintaining or holding of previously styled hair for a period of time.
(B) ''Style'' and ''styling'' mean the forming, sculpting or manipulating of the hair to temporarily alter the hair's shape.
Heavy-duty hand cleaner or soap--A product [designed] formulated or labeled to clean or remove difficult dirt and soils [such as], including 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 the following:
* * * * * Herbicide--A pesticide product [designed] formulated or labeled to kill or retard a plant's growth, but excludes products that are:
* * * * * 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.
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