[38 Pa.B. 5598]
[Saturday, October 11, 2008]
[Continued from previous Web Page]
STANDARDS § 130.211. Table of standards.
Except as provided in §§ 130.331--130.338, 130.351, 130.352, 130.411--130.414 and 130.451--130.464, a person may not sell, supply, offer for sale or manufacture for sale in this Commonwealth a consumer product manufactured on or after the applicable effective date in the following table of standards which contains VOCs in excess of the limits specified in the following table of standards:
Table of Standards
(percent VOC by weight)
Product Category Effective Date
1/1/2005Effective Date
1/1/2009Adhesive Aerosol: Mist Spray 65 Web Spray 55 Special Purpose Spray Adhesive: Mounting, Automotive Engine Compartment and Flexible Vinyl 70 Polystyrene Foam and Automotive Headliner 65 Polyolefin and Laminate Repair/Edgebanding 60 Construction, Panel and Floor Covering 15 Contact 80 NA Contact Adhesive--General Purpose 55 Contact Adhesive--Special Purpose 80 General Purpose 10 Structural Waterproof 15 Adhesive Remover Floor and Wall Covering 5 Gasket or Thread Locking 50 General Purpose 20 Specialty 70 Aerosol Cooking Spray 18 Air Freshener Single-Phase Aerosol 30 Double-Phase Aerosol 25 Liquid/Pump Spray 18 SOLID /Semisolid 3 Antiperspirant Aerosol 40 HVOC
10 MVOCNonaerosol 0 HVOC
0 MVOCAntistatic Product Nonaerosol 11 Automotive Brake Cleaner 45 Automotive Rubbing or Polishing Compound 17 Automotive Wax, Polish, Sealant or Glaze Hard Paste Wax 45 Instant Detailer 3 All Other Forms 15 Automotive Windshield Washer Fluids 35 Bathroom and Tile Cleaner Aerosol 7 All Other Forms 5 Bug and Tar Remover 40 Carburetor or Fuel-Injection Air Intake Cleaner 45 Carpet and Upholstery Cleaner Aerosol 7 Nonaerosol (Dilutables) 0.1 Nonaerosol (Ready-to-Use) 3.0 Charcoal Lighter Material See § 130.214 Deodorant Aerosol 0 HVOC
10 MVOCNonaerosol 0 HVOC
0 MVOCDusting Aid Aerosol 25 All Other Forms 7 Electrical Cleaner 45 Electronic Cleaner 75 Engine Degreaser Aerosol 35 Nonaerosol 4 Fabric Protectant 60 Fabric Refresher Aerosol 15 Nonaerosol 6 Floor Polish or Wax Products for Flexible Flooring Material 7 Products for Nonresilient Flooring 10 Wood Floor Wax 90 Floor Wax Stripper Nonaerosol See § 130.216 Footwear or Leather Care Product Aerosol 75 All Other Forms 15 Solid 55 Furniture Maintenance Product Aerosol 17 All Other Forms Except Solid or Paste 7 General Purpose Cleaner Aerosol 10 Nonaerosol 4 General Purpose Degreaser Aerosol 50 Nonaerosol 4 Glass Cleaner Aerosol 12 Nonaerosol 4 Graffiti Remover Aerosol 50 Nonaerosol 30 Hair Mousse 6 Hair Shine 55 Hair Spray 55 Hair Styling Gel 6 Hair Styling Product Aerosol and Pump Spray 6 All Other Forms 2 Heavy-Duty Hand Cleaner or Soap 8 Insecticide Crawling Bug Aerosol 15 All Other Forms 20 Flea and Tick 25 Flying Bug Aerosol 25 All Other Forms 35 Fogger 45 Lawn and Garden All Other Forms 20 Nonaerosol 3 Wasp and Hornet 40 Laundry Prewash Aerosol/Solid 22 All Other Forms 5 Laundry Starch Product 5 Metal Polish/Cleanser 30 Multipurpose Lubricant (Excluding Solid or Semisolid Products) 50 Nail Polish Remover 75 Nonselective Terrestrial Herbicide Nonaerosol 3 Oven Cleaner Aerosol/Pump Spray 8 Liquid 5 Paint Remover or Stripper 50 Penetrant 50 Rubber and Vinyl Protectant Aerosol 10 Nonaerosol 3 Sealant and Caulking Compound 4 Shaving Cream 5 Shaving Gel 7 Silicone-Based Multipurpose Lubricant 60 (Excluding Solid or Semisolid Products) Spot Remover Aerosol 25 Nonaerosol 8 Tire Sealant and Inflation 20 Toilet/Urinal Care Aerosol 10 Nonaerosol 3 Undercoating Aerosol 40 Wood Cleaner Aerosol 17 Nonaerosol 4 Notes: NA = Not applicable on or after January 1, 2009. § 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 applicable 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 material products.
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 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 product has been issued a currently effective certification under paragraph (2).
(iii) The charcoal lighter material product 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 product are the same as those provided to the Commonwealth under paragraph (2)(iii).
(2) Certification requirements.
(i) A charcoal lighter material product formulation will not be certified under this paragraph 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 product 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), including subsequent amendments. The provisions relating to LVP-VOC in § 130.333 (relating to LVP-VOC) do not apply to a charcoal lighter material product 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 Protocal.
(iii) A manufacturer or distributor of charcoal lighter material products may apply to the Department for certification of a charcoal lighter material product formulation.
(3) Notice of modifications. For a charcoal lighter material product 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 product 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 product 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) 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--130.338, 130.351 and 130.352 and 130.411--130.414, 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 must meet the definition of the term ''special purpose spray adhesive'' 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 the definition of the term ''special purpose spray adhesive,'' 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 must comply with the labeling requirements specified in § 130.373 (relating to additional labeling requirements for aerosol adhesives).
§ 130.217. Sell-through of products.
(a) Sell-through period. Notwithstanding the provisions of § 130.211 or § 130.215 (relating to table of standards; and requirements for aerosol adhesives), a consumer product manufactured prior to the applicable effective date in § 130.211 may be sold, supplied or offered for sale after the applicable effective date.
(b) This section does not apply to a consumer product that does not display on the product container or package the date on which the product was manufactured, or a code indicating the date, in accordance with § 130.371 (relating to product dating requirements).
EXEMPTIONS § 130.331. Products for shipment and use outside this Commonwealth.
(a) This subchapter does not apply to a consumer product manufactured in this Commonwealth for shipment and use outside of this Commonwealth.
(b) This subchapter does not apply to a consumer product that does not comply with the VOC standards specified in § 130.211 (relating to table of standards), as long as the manufacturer or distributor of the noncomplying consumer product can demonstrate both that the noncomplying consumer product is intended for shipment and use outside of this Commonwealth, and that the manufacturer or distributor has taken reasonably prudent precautions to assure that the noncomplying consumer product is not distributed in this Commonwealth.
§ 130.332. Antiperspirants and deodorants.
(a) The MVOC content standards in § 130.211 (relating to table of standards) for antiperspirants and deodorants do not apply to ethanol.
(b) The VOC limits specified in § 130.211 do not apply to colorants up to a combined level of 2% by weight contained in an antiperspirant or deodorant.
(c) The requirements of § 130.211 for antiperspirants and deodorants do not apply to those VOCs that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of 2 mm Hg or less at 20° C.
§ 130.334. Products registered under FIFRA.
(a) The requirements of § 130.371 (relating to product dating) do not apply to consumer products registered under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) (7 U.S.C.A. §§ 136--136y).
(b) The VOC limits specified in § 130.211 (relating to table of standards) do not apply to insecticides containing at least 98% paradichlorobenzene.
§ 130.335. Air fresheners.
The VOC limits specified in § 130.211 (relating to table of standards) do not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs or exempted under § 130.333 (relating to LVP-VOC).
§ 130.338. Fragrances.
The VOC limits specified in § 130.211 (relating to table of standards) do not apply to fragrances up to a combined level of 2% by weight contained in a consumer product.
ADMINISTRATIVE REQUIREMENTS § 130.371. Product dating.
(a) Product dating requirements.
(1) Each manufacturer of a consumer product subject to §§ 130.211--130.217 (relating to standards) shall clearly display on each consumer product container or package, the day, month and year on which the product was manufactured, or a code indicating that date.
(2) A manufacturer who uses the following code to indicate the date of manufacture will not be subject to the requirements of subsection (b)(1), if the code is represented separately from other codes on the product container so that it is easily recognizable:
YY DDD = year year day day day
where,
YY = two digits representing the year in which the product was manufactured
DDD = three digits representing the day of the year on which the product was manufactured, with ''001'' representing the first day of the year, ''002'' representing the second day of the year, and so forth (that is, the ''Julian date'').
(3) The product date or date-code required by this section must be displayed on each consumer product container or package before the consumer product is sold, supplied or offered for sale in this Commonwealth.
(4) The date or date-code information must be located on the container or inside the cover/cap so that it is readily observable or obtainable (by simply removing the cap/cover) without irreversibly disassembling a part of the container or packaging.
(5) For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging.
(6) The requirements of this subsection do not apply to products containing either of the following:
(i) No VOCs.
(ii) VOCs at 0.10% by weight or less.
(b) Additional product dating requirements.
(1) If a manufacturer uses a code indicating the date of manufacture for a consumer product subject to §§ 130.211--130.217, an explanation of the date portion of the code must be filed with the Department before the consumer product is sold, supplied or offered for sale in this Commonwealth.
(2) If a manufacturer changes a code indicating the date of manufacture for a consumer product subject to paragraph (1), an explanation of the modified code must be submitted to the Department before products displaying the modified code are sold, supplied or offered for sale in this Commonwealth.
(3) A person may not erase, alter, deface or otherwise remove or make illegible a date or code indicating the date of manufacture from a regulated product container without the express authorization of the manufacturer.
(4) Date code explanations for codes indicating the date of manufacture are public information and may not be claimed as confidential.
§ 130.372. Most restrictive limit.
(a) Products manufactured before January 1, 2009, and FIFRA-registered insecticides manufactured before January 1, 2010.
(1) Notwithstanding the definition of ''product category'' in § 130.202 (relating to definitions), if on the principal display panel of a consumer product manufactured before January 1, 2009, or a FIFRA-registered insecticide manufactured before January 1, 2010, a representation is made that the product may be used, or is suitable for use, as a consumer product for which a lower VOC limit is specified in § 130.211 (relating to table of standards), the lowest VOC limit applies.
(2) The requirement of paragraph (1) does not apply to general purpose cleaners, antiperspirant/deodorant products or insecticide foggers.
(b) Products manufactured on or after January 1, 2009, and FIFRA-registered insecticides manufactured on or after January 1, 2010.
(1) Notwithstanding the definition of ''product category'' in § 130.202, if on the container or packaging of a consumer product manufactured on or after January 1, 2009, or a FIFRA-registered insecticide manufactured on or after January 1, 2010, or on a sticker or label affixed to the container or packaging, a representation is made that the product may be used, or is suitable for use, as a consumer product for which a lower VOC limit is specified in § 130.211, the lowest VOC limit applies.
(2) The requirement of paragraph (1) does not apply to general purpose cleaners, antiperspirant/deodorant products or insecticide foggers.
§ 130.373. Additional labeling requirements for aerosol adhesive, adhesive remover, electrical cleaner, electronic cleaner, energized electrical cleaner and contact adhesive products.
(a) In addition to the requirements specified in §§ 130.371, 130.372, 130.391 and 130.392, both the manufacturer and responsible party for each aerosol adhesive, electrical cleaner, electronic cleaner, energized electrical cleaner and contact adhesive product subject to this subchapter shall ensure that all products clearly display the following information on each product container which is manufactured on or after the applicable effective date for the category specified in § 130.211 (relating to table of standards):
(1) The product category as specified in § 130.211 or an abbreviation of the category shall be displayed.
(2) The applicable VOC standard for the product that is specified in § 130.211, except for energized electrical cleaner products, expressed as a percentage by weight, shall be displayed unless the product is included in an alternative control plan approved by the Department, as provided in §§ 130.451--130.465 (relating to ACP for consumer products).
(3) If the product is included in an alternative control plan approved by the Department, and the product exceeds the applicable VOC standard specified in § 130.211, the product shall be labeled with the term ''ACP'' or ''ACP product.''
(4) If the product is classified as a special purpose spray adhesive, the applicable substrate or application or an abbreviation of the substrate or application that qualifies the product as special purpose shall be displayed.
(5) If the manufacturer or responsible party uses an abbreviation as allowed by this section, an explanation of the abbreviation shall be filed with the Department before the abbreviation is used.
(b) The information required in § 130.371(a) (relating to product dating requirements) shall be displayed on the product container so that it is readily observable without removing or disassembling a portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing product packaging.
VARIANCES § 130.411. Application for variance.
(a) A person who cannot comply with §§ 130.211--130.217 (relating to standards), because of extraordinary reasons beyond the person's control, may apply in writing to the Department for a variance. The variance application must set forth:
(1) The specific grounds upon which the variance is sought.
(2) The proposed dates by which compliance with § 130.211 (relating to table of standards) will be achieved.
(3) A compliance report reasonably detailing the methods by which compliance will be achieved.
(b) No later than 75 days after receipt of a complete variance application containing the information required in subsection (a), the Department will hold a public hearing in accordance with § 130.471 (relating to public hearings) to determine:
(1) Whether a variance from the requirements in §§ 130.211--130.217 is necessary.
(2) Under what conditions a variance from the requirements in §§ 130.211--130.217 is necessary.
(3) To what extent a variance from the requirements in §§ 130.211--130.217 is necessary.
(c) The Department will not grant a variance unless the applicant demonstrates in writing the following to the Department's satisfaction:
(1) That because of reasons beyond the reasonable control of the applicant, requiring compliance with §§ 130.211--130.217 would result in extraordinary economic hardship.
(2) That the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding increased emissions of air contaminants that would result from issuing the variance.
(3) That the compliance program proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.
§ 130.412. Variance orders.
A variance order will specify a final compliance date by which the requirements of §§ 130.211--130.217 (relating to standards) will be achieved. A variance order will contain a condition that specifies increments of progress necessary to assure timely compliance, and other conditions that the Department, in consideration of the testimony received at the hearing, finds necessary.
§ 130.414. Modification of variance.
Upon the application of a person, the Department may review, and for good cause, modify or revoke a variance from requirements of §§ 130.211--130.217 (relating to standards) after holding a public hearing in accordance with § 130.471 (relating to public hearings).
TEST METHODS § 130.431. Testing for compliance.
(a) Testing to determine compliance with this subchapter shall be performed by one of the following:
(1) Using CARB Method 310, ''Determination of Volatile Organic Compounds (VOC) in Consumer Products,'' adopted September 25, 1997, and as last amended on May 5, 2005, including subsequent amendments.
(2) Alternative methods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon written approval of the Department.
(3) Calculation of the VOC content from records of the amounts of constituents used to make the product under the following criteria:
(i) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records shall be kept for at least 3 years and be made available to the Department on request.
(ii) For the purposes of this section, the VOC content (expressed as a percentage) shall be calculated according to the following equation:
VOC content = ( B - C ) × 100
______
A
where,
A = total net weight of unit (excluding container and packaging)
B = total weight of all VOCs per unit
C = total weight of VOCs exempted under §§ 130.331--130.338, 130.351 and 130.352 per unit
(iii) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of this section.
(b) Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90 (2000)e1, including subsequent amendments.
(c) Testing to determine compliance with the certification requirements for charcoal lighter material products shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991), including subsequent amendments.
(d) Testing to determine distillation points of petroleum distillate-based charcoal lighter material products shall be performed using ASTM D86-04b, including subsequent amendments.
(e) A person may not create, alter, falsify or otherwise modify records so that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and other tests, processes or records used in connection with product manufacture.
ACP FOR CONSUMER PRODUCTS § 130.452. Exemption.
A manufacturer of consumer products which has been granted an ACP agreement by the CARB under the ACP provision in Subchapter 8.5, Article 4, Sections 94540-94555, of Title 17 of the CCR shall be exempt from § 130.211 (relating to table of standards) for the period of time that the CARB ACP agreement remains in effect provided that all ACP products within the CARB ACP agreement are contained in § 130.211. A manufacturer claiming such an ACP agreement on this basis shall submit to the Department a copy of the CARB ACP decision (that is, the Executive Order), including the conditions established by CARB applicable to the exemption.
§ 130.453. Request for exemption.
(a) Manufacturers of consumer products that have been granted an ACP agreement by the CARB under the ACP provision in Subchapter 8.5, Article 4, sections 94540--94555, of Title 17 of the CCR based on California specific data, or that have not been granted an exemption by the CARB may seek an ACP agreement with the Department.
(b) The Department will not approve an ACP submitted by a responsible ACP party if the Department determines, upon review of the responsible ACP party's compliance history with past or current ACPs or the requirements for consumer products in this subchapter, that the responsible ACP party has a recurring pattern of violations and has consistently refused to take the necessary steps to correct those violations.
§ 130.454. Application for an ACP.
A manufacturer of consumer products that has been granted an ACP agreement by the CARB under the ACP provision in Subchapter 8.5, Article 4, sections 94540--94555, of Title 17 of the CCR based on California specific data, or that has not been granted an exemption by the CARB may seek an ACP agreement by submitting an application. The application must:
(1) Identify the responsible ACP party including names, telephone numbers and addresses of the representative of the manufacturer who will be responsible for implementing the ACP requirements specified in the ACP agreement.
(2) Contain a statement of whether the responsible ACP party is a small business or a one-product business.
(3) Contain a listing of the exact product brand name, form, available variations (flavors, scents, colors, sizes, and the like), and applicable product category for each distinct ACP product that is proposed for inclusion in the ACP.
(4) Demonstrate in writing to the satisfaction of the Department that the enforceable sales records to be used by the responsible ACP party for tracking product sales provide the following information:
(i) The names, telephone numbers, street and mail addresses of all persons and businesses who will provide information that will be used to determine the enforceable sales.
(ii) The enforceable sales of each ACP product.
(iii) A written demonstration to the satisfaction of the Department regarding the validity of the enforceable sales.
(iv) The percentage of the gross Pennsylvania sales which is comprised of enforceable sales.
(v) That the ACP products have enforceable sales that are 75% or more of the gross Pennsylvania sales. Only ACP products meeting this criteria will be allowed to be sold in this Commonwealth under an ACP.
(5) Include legible copies of the existing labels for each ACP product specifying the VOC and LVP content.
(6) Report for each of the ACP products:
(i) The VOC and LVP-VOC contents of the product at the time the application for an ACP is submitted.
(ii) Changes in VOC and LVP contents of the product that have occurred within the 4 years prior to the date of submittal of the application for an ACP, if either the VOC or LVP contents have varied by more than 10.0% of the VOC or LVP contents reported in subparagraph (i).
(7) Contain a written commitment obligating the responsible ACP party to date-code every unit of each ACP product approved for inclusion in the ACP and to display the date-code on each ACP product container or package no later than 5 working days after the date an ACP agreement is signed by the Department.
(8) Contain an operational plan covering the products identified under this section for each compliance period that the ACP will be in effect. This plan must:
(i) Identify the compliance periods and dates for the responsible ACP party to report the information required by the Department in the ACP agreement. The length of the compliance period chosen by the responsible ACP party may be no longer than 365 days.
(ii) Identify the specific enforceable sales records to be provided to the Department for enforcing this chapter and the ACP agreement. The enforceable sales records shall be provided to the Department no later than the compliance period reporting dates specified in subparagraph (i).
(iii) For a small business or a one-product business that will be relying on surplus trading to meet the ACP limits, contain a written commitment from the responsible ACP parties that they will transfer the surplus reductions to the small business or one-product business upon approval of the ACP.
(iv) Specify the VOC content levels for each ACP product that will be applicable for the ACP product during each compliance period and identify the specific methods by which the VOC content will be determined and the statistical accuracy and precision (repeatability and reproducibility) calculated for each specified method.
(v) Estimate the projected enforceable sales for each ACP product at each different VOC content for every compliance period that the ACP will be in effect.
(vi) Contain a detailed demonstration showing the combination of specific ACP reformulations or surplus trading reductions (if applicable) that is sufficient to ensure that the ACP emissions will not exceed the ACP limit for each compliance period that the ACP will be in effect, the approximate date within each compliance period that reformulations or surplus trading reductions are expected to occur, and the extent to which the VOC contents of the ACP products will be reduced (that is, by ACP reformulation). This demonstration must also include all VOC content levels and projected enforceable sales for all ACP products to be sold in this Commonwealth during each compliance period.
(vii) Contain a written explanation of the date-codes that will be displayed on each ACP product container or packaging.
(viii) Contain a statement of the approximate dates by which the responsible ACP party plans to meet the applicable ACP VOC standards for each product in the ACP.
(ix) Contain an operational plan (''reconciliation of shortfalls plan'') which commits the responsible ACP party to completely reconcile shortfalls, even, to the extent permitted by law, if the responsible ACP party files for bankruptcy protection. The plan for reconciliation of shortfalls must demonstrate how shortfalls will be reconciled within 90 working days from the date the shortfall is determined, listing the records and other information that will be used to verify that the shortfalls were reconciled.
(9) Contain a declaration, signed by a legal representative for the responsible ACP party, that states that all information and operational plans submitted with the ACP application are true and correct under penalty of law. This declaration must certify that all reductions in the VOC content of a product will be real and actual reductions that do not result from changing product names, mischaracterizing ACP product reformulations that have occurred in the past, or any other attempts to circumvent this chapter.
§ 130.455. Recordkeeping and availability of requested information.
(a) Information specified in the ACP agreement shall be maintained by the responsible ACP party for at least 3 years after the records are generated. The records must be clearly legible and maintained in good condition during this period.
(b) The records specified in this section shall be made available to the Department:
(1) Immediately upon request during an onsite visit to a responsible ACP party.
(2) Within 15 working days after receipt of a written request from the Department.
(3) Within a time period mutually agreed upon by both the Department and the responsible ACP party.
§ 130.457. Limited-use surplus reduction credits for early reformulations of ACP products.
(a) For the purposes of this section, ''early reformulation'' means an ACP product which is reformulated to result in a reduction in the product's VOC content, and which is sold, supplied or offered for sale in this Commonwealth for the first time during the 1 year (365-day) period immediately prior to the date on which the application for a proposed ACP is submitted to the Department. ''Early reformulation'' does not include reformulated ACP products which are sold, supplied or offered for sale in this Commonwealth more than 1 year prior to the date on which the ACP application is submitted to the Department.
(b) If requested in the application for a proposed ACP, the Department will, upon approval of the ACP, issue surplus reduction credits for early reformulations of ACP products, provided that the following documentation has been provided by the responsible ACP party to the satisfaction of the Department:
(1) Accurate documentation showing that the early reformulation reduced the VOC content of the ACP product to a level which is below the pre-ACP VOC content of the product, or below the applicable VOC standards in § 130.211 (relating to table of standards), whichever is the lesser of the two.
(2) Accurate documentation demonstrating that the early reformulated ACP product was sold in retail outlets in this Commonwealth within the time period specified in this section.
(3) Accurate sales records for the early reformulated ACP product which meets the definition of ''enforceable sales records'' in § 130.202 (relating to definitions), and which demonstrate that the enforceable sales for the ACP product are at least 75% of the gross Pennsylvania sales for the product.
(4) Accurate documentation for the early reformulated ACP product which meets the requirements specified in this section, and which identifies the specific test methods for verifying the claimed early reformulation and the statistical accuracy and precision of the test methods as specified in this section.
(c) Surplus reduction credits issued under this section shall be calculated separately for each early reformulated ACP product by the Department according to the following equation:
SR = Enforceable sales × ((VOC content)initial - (VOC content)final)
___________________________
100
where,
SR = surplus reductions for the ACP product, expressed to the nearest pound
VOC contentinitial = the Pre-ACP VOC content of the ACP product, or the applicable VOC standard specified in § 130.211, whichever is the lesser of the two, expressed to the nearest 0.1 pound of VOC per 100 pounds of ACP product.
VOC contentfinal = the VOC content of the early reformulated ACP product after the early reformulation is achieved, expressed to the nearest 0.1 pound of VOC per 100 pounds of ACP product.
(d) The use of surplus reduction credits issued under this section shall be subject to the following:
(1) Surplus reduction credits shall be used solely to reconcile the responsible ACP party's shortfalls generated during the first compliance period occurring immediately after the issuance of the ACP agreement, and may not be used for another purpose.
(2) Surplus reduction credits may not be transferred to, or used by, another responsible ACP party.
(3) Except as provided in this section, surplus reduction credits shall be subject to the requirements applicable to surplus reductions and surplus trading, as specified in this section.
§ 130.458. Reconciliation of shortfalls.
(a) At the end of each compliance period, the responsible ACP party shall make an initial calculation of shortfalls occurring in that compliance period, as specified in the ACP agreement. Upon receipt of this information, the Department will determine the amount of a shortfall that has occurred during the compliance period, and notify the responsible ACP party of this determination.
(b) The responsible ACP party shall implement the reconciliation of shortfalls plan as specified in the ACP agreement, within 30 working days from the date of written notification of a shortfall by the Department.
(c) Shortfalls shall be completely reconciled within 90 working days from the date of written notification of a shortfall by the Department, by implementing the reconciliation of shortfalls plan specified in the ACP agreement.
(d) The requirements specified in the ACP agreement, including the applicable ACP limits, shall remain in effect while shortfalls are in the process of being reconciled.
§ 130.460. Modifications that require Department preapproval.
The responsible ACP party may propose modifications to the enforceable sales records or reconciliation of shortfalls plan specified in the ACP agreement. Proposed modifications shall be fully described in writing and forwarded to the Department. The responsible ACP party shall clearly demonstrate that the proposed modifications will meet the requirements of this subchapter. The responsible ACP party shall meet all applicable requirements of the existing ACP until a proposed modification is approved in writing by the Department.
§ 130.462. Modification of an ACP by the Department.
(a) The Department will modify the ACP as necessary to ensure that the ACP meets the requirements of this subchapter and that the ACP emissions will not exceed the ACP limit if the Department determines one of the following:
(1) The enforceable sales for an ACP product are no longer at least 75% of the gross Pennsylvania sales for that product.
(2) The information submitted under the approval process in § 130.454 (relating to application for an ACP) is no longer valid.
(3) The ACP emissions are exceeding the ACP limit specified in the ACP agreement.
(b) The Department will not modify the ACP without first affording the responsible ACP party an opportunity for a public hearing in accordance with § 130.471 (relating to public hearings) to determine if the ACP should be modified.
(c) If an applicable VOC standard specified in § 130.211 (relating to table of standards) is modified by CARB in a future rulemaking, the Department will modify the ACP limit specified in the ACP agreement to reflect the modified ACP VOC standards as of its effective date.
§ 130.465. Other applicable requirements.
A responsible ACP party may transfer an ACP to another responsible ACP party, provided that the following conditions are met:
(1) The Department shall be notified, in writing, by both responsible ACP parties participating in the transfer of the ACP and its associated ACP agreement. The written notifications must be postmarked at least 5 working days prior to the effective date of the transfer and shall be signed and submitted separately by both responsible parties. The written notifications shall clearly identify the contact persons, business names, mail and street addresses, and phone numbers of the responsible parties involved in the transfer.
(2) The responsible ACP party to which the ACP is being transferred shall provide a written declaration stating that the transferee shall fully comply with the requirements of the ACP agreement and this subchapter.
PUBLIC HEARING REQUIREMENTS § 130.471. Public hearings.
(a) Prior to issuance, extension, modification or revocation of a variance order or an ACP, the Department will hold three public hearings to take public comment on the application for a variance or on the proposed extension, modification or revocation of a variance order. The public hearings will be held in the eastern, central and western parts of this Commonwealth.
(b) The applicant shall publish notice of the time, place and purpose of the three public hearings in newspapers of general circulation at least 30 days prior to the hearings.
(c) The Department will publish notice of the time, place and purpose of the three public hearings in the Pennsylvania Bulletin at least 30 days prior to the hearings.
(d) At least 30 days prior to the hearings, the Department will make available to the public the following:
(1) The application for the variance or ACP or, if the hearings are for an extension, modification or revocation, the variance or ACP order.
(2) The proposed order for issuing, extending, modifying or revoking the variance or ACP.
Subchapter C. ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS § 130.602. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
* * * * * VOC--volatile organic compound--An organic compound which participates in atmospheric photochemical reactions; that is, an organic compound other than those which the Administrator of the EPA designates in 40 CFR 51.100 (relating to definitions) as having negligible photochemical reactivity.
* * * * *
[Pa.B. Doc. No. 08-1843. Filed for public inspection October 10, 2008, 9:00 a.m.]
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