RULES AND REGULATIONS
ENVIRONMENTAL QUALITY BOARD
[25 PA. CODE CH. 130]
Consumer Products
[32 Pa.B. 4824] The Environmental Quality Board (Board) by this order establishes Subchapter B (relating to consumer products) in Chapter 130 (relating to standards for products) to read as set forth in Annex A.
Section 130.202 (relating to definitions) adds definitions for terms that are used in the substantive sections of Chapter 130. Section 130.201 (relating to applicability) applies to any person who sells, supplies, offers for sale or manufactures consumer products for use in this Commonwealth. Sections 130.211--130.465 establish, among other things, standards and exemptions for these consumer products. Section 130.471 (relating to public hearings) establishes public hearing requirements.
This notice is given under Board order at its meeting of July 16, 2002.
A. Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
B. Contact Persons
For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, 12th Floor, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-9495; or Bo Reiley, Assistant Counsel, Bureau of Regulatory Counsel, Office of Chief Counsel, Rachel Carson State Office Building, 9th Floor, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060.
C. Statutory Authority
The final-form rulemaking is being made under the authority of section 5 of the Air Pollution Control Act (APCA) (35 P. S. § 4005), which grants the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution.
D. Background and Purpose
When ground-level ozone is present in concentrations in excess of the Federal health-based standard, public health is adversely affected. The United States Environmental Protection Agency (EPA) has concluded that there is an association between ambient ozone concentrations and increased hospital admissions for respiratory ailments such as asthma. Further, although children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms when they are exposed to ambient ozone while engaged in an activity that involves physical exertion. Though symptoms are often temporary, repeated exposure could result in permanent lung damage. The implementation of additional measures to address the ozone air quality nonattainment in this Commonwealth is necessary to protect the public health.
The purpose of the final-form rulemaking is to reduce the volatile organic compounds (VOCs) emitted from consumer products. The final-form rulemaking is part of the Commonwealth's strategy to achieve and maintain the ozone standard throughout this Commonwealth. The final-form rulemaking expands upon the Federal consumer products rule, which became effective in December 1998. The Federal rule regulates 24 product categories representing 48% of the consumer products inventory Nationally and reduces VOC emissions from that inventory by 20%. To capture additional emission reductions from these products, the Commonwealth has developed this final-form rulemaking. The Commonwealth has used the California Air Resources Board (CARB) regulations and the Ozone Transport Commission (OTC) model rule and background material as a starting point and reviewed those documents, including specific emission reductions, for applicability in this Commonwealth. As a result, the final-form rulemaking includes most, if not all, of the product categories covered in California, with limits effective at a later date than California. To maximize consistency, emission limits for specific product categories are identical to those used in California.
The final-form rulemaking regulates 45 consumer product categories and approximately 80 different types of products, and requires more stringent VOC content limits than the Federal rule. Some of the limits are currently in effect in California and are known to be technologically feasible. Other limits in California have future effective dates. The proposed compliance date for the Commonwealth limits is January 1, 2005. Manufacturers would ensure compliance with the limits by reformulating products and substituting products with compliant products that are already on the market.
Manufacturers producing consumer products would be responsible for developing and distributing compliant products for sale at the retail and wholesale levels. In addition, persons who sell, supply or offer for sale consumer products would also be held accountable. Consumers would not be affected by this final-form rulemaking in that they should not notice any changes in product performance or quality, and cost increases per consumer for these products will be negligible.
If compliance with the VOC contents becomes problematic, flexibility options are provided for in the final-form rulemaking. These options include an innovative product exemption, variances, exemptions and alternative control plans (ACP).
The final-form rulemaking contains requirements for charcoal lighter materials, aerosol adhesives, floor wax strippers and automotive windshield washer fluids, to name a few. They also contain administrative requirements for labeling and reporting. There is a reporting requirement so that manufacturers may be required to submit information to the Commonwealth upon request.
A CARB test method would be primarily used to demonstrate compliance. Enforcement of the product VOC content limits and other requirements would be done by the Commonwealth.
Because the Commonwealth, in conjunction with other northeastern states, has in the past met with representatives of the various National consumer product manufacturers in related industries, and have gathered their support for the final-form rulemaking, it is important that the final-form rulemaking be implemented consistently and uniformly as negotiated. Any deviation from the regulations may hinder the ability of manufacturers to comply with the requirements.
The Department of Environmental Protection (Department) worked with the Air Quality Technical Advisory Committee (AQTAC) in the development of the final-form rulemaking. At its May 2, 2002, meeting, AQTAC recommended adoption of the final-form rulemaking. In addition, AQTAC recommended that the Department continue aggressive efforts with other states to support National standards for these products.
E. Summary of Comments and Responses on the Proposed Rulemaking
The Board received seven sets of comments on the proposed rulemaking. The following summarizes the major issues and the Board's responses.
A number of commentators support the rulemaking because it is consistent with the OTC model rule, which will assure consistency with those states that adopt the regulation. The Board agrees that it is important that the regulation be consistent with the OTC model rule and that this consistency will ensure the manufacturers' ability to manufacture and supply compliant products.
A number of commentators believe that the Board should correct the numerical table of standards to maintain consistency with the VOC limits in the OTC model rule. The Board agrees and has made the recommended changes.
A commentator supports the provisions in § 130.455 (relating to surplus reductions and surplus trading) that allows manufacturers the option of voluntarily entering into ACPs for products, but requests that the paragraph be revised to allow 15 days to submit information instead of 5 days. The Board agrees. The new paragraph has been added, which allows 15 days for the submission of information to the Department.
The commentator recommends that the Department revise portions in § 130.459(a)(2) (relating to notification of modifications to and ACP by the responsible ACP party) so that manufacturers are required only to submit general information about changes to product formulation. The Board disagrees. The provisions of the paragraph are intended to require that responsible ACP parties provide information on the product formulation and not on the product formula. It is not the intent to require responsible ACP parties to submit specific product formulation information.
The commentator urges the Board to revise the provisions of § 130.463 (relating to treatment of information) to assure protection of highly sensitive business information. The Board agrees. The provisions of the section, which has been renumbered as § 130.464, now specify that product formulation information can be protected as confidential business information under the provisions of section 13.2 of the APCA (35 P. S. § 4013.2).
The commentator requests that the definition of ''adhesive'' be revised to make it consistent with the California regulation. The Board agrees and has made the requested revision.
A commentator objects to the exemptions in § 130.335 (relating to air fresheners) for certain air fresheners and pesticides and believes that these exemptions should be deleted. The Board disagrees. The Board believes it is in the best interest of the Commonwealth to assure that the product VOC limits and exemptions in the final-form rulemaking are consistent with the OTC model rule.
The commentator suggests that § 130.371 (relating to code-dating) should require the manufacturer to display the actual date of the product manufacture and should not allow the use of ''cod-dating'' to signify the date of manufacture. The Board disagrees. The use of ''code-dating'' requirements different from those in the OTC model rule would result in considerable added expense for the manufacturers.
The commentator suggests that the availability of variances as provided for in §§ 130.411--130.414 should be severely curtailed or eliminated. The Board disagrees. The VOC limits in the final-form rulemaking are strongly technology forcing. It is prudent to provide an opportunity for manufacturers to seek relief if it becomes apparent that the product reformulation to meet the compliance limits is not possible.
This commentator further states that if the Department retains the provisions relating to variances that they should be limited for a period of not longer than 1 year. The Board disagrees. An application for a variance will specify the length of the time requested and, if the Department's evaluation indicates at that time it is excessive, then the Department will restrict the time period to an appropriate interval.
The commentator requests that the Board assure that there is an opportunity for public input before the Department issues a final order granting a variance. The Board agrees. The final-form rulemaking contains § 130.471 that contains provisions specifying that a public hearing is to be held before the issuance, revocation or modification of a variance.
The commentator believes that provisions that allow manufacturers to obtain ACPs may result in lower emission reductions than anticipated, but will result in the continued exposure of consumers to hazardous air pollutants. The Board disagrees. For a manufacturer to obtain an ACP, significant reformulation of products must occur. In the aggregate, emissions from products covered by an ACP will not be any greater than emissions from the same group of products that had to be complied with individually.
One commentator notes that proposed §§ 130.412, 130.414, 130.461(b) (renumbered § 130.462(b)) and 130.463 (renumbered § 130.464) have open references to ''Commonwealth laws and regulations.'' The Board should make specific references to pertinent statutes or regulations. The Board agrees. Section 130.471 has been added to specify requirements for hearings related to the issuance, modification or revocation/cancellation of variances and ACPs.
A commentator notes that § 130.371 establishes requirements for submitting product ''date coding'' information to the Department not less than 12 months before the effective date of the applicable standard. The commentator believes that a concrete effective date would be clearer. The Board agrees, and a specific date has been placed in that section.
A commentator believes that there should be procedures or time frames for public notice or inspection of variance applications by the public. The Board agrees. Section 130.411 (relating to application for variance) and § 130.471 establish appropriate procedures.
The commentator notes that the proposed rulemaking does not specify procedures to be used for an applicant for an alternative compliance plan. The Board has revised the regulation to set forth requirements related to the application for an ACP under § 130.454 (relating to application for an ACP).
F. Summary of Regulatory Requirements and Major Changes Between Proposed and Final-Form Rulemaking
Subchapter B includes the following definitions of terms that will be used in the substantive provisions of the final-form rulemaking. The definitions include: ''ACP--Alternative Control Plan,'' ''ACP agreement,'' ''ACP emissions,'' ''ACP limit,'' ''ACP product,'' ''ACP reformulation'' or ''ACP reformulated,'' ''ACP standard,'' ''ACP VOC standard,'' ''ASTM,'' ''adhesive,'' ''adhesive remover,'' ''aerosol adhesive,'' ''aerosol cooking spray,'' ''aerosol product,'' ''agricultural use,'' ''air freshener,'' ''all other carbon-containing compounds,'' ''all other forms,'' ''antimicrobial hand or body cleaner or soap,'' ''antiperspirant,'' ''architectural coating,'' ''astringent/toner,'' ''automotive brake cleaner,'' ''automotive hard paste wax,'' ''automotive instant detailer,'' ''automotive rubbing or polishing compound,'' ''automotive wax, polish, sealant or glaze,'' ''automotive windshield washer fluid,'' ''bathroom and tile cleaner,'' ''bug and tar remover,'' ''carburetor or fuel-injection air intake cleaners,'' ''carpet and upholstery cleaner,'' ''charcoal lighter material,'' ''colorant,'' ''compliance period,'' ''construction, panel and floor covering adhesive,'' ''consumer,'' ''consumer product,'' ''contact adhesive,'' ''container/packaging,'' ''contact person,'' ''crawling bug insecticide,'' ''date-code,'' ''deodorant,'' ''device,'' ''disinfectant,'' ''distributor,'' ''double-phase aerosol air freshener,'' ''dry cleaning fluid,'' ''dusting aid,'' ''electronic cleaner,'' ''enforceable sales,'' ''enforceable sales record,'' ''engine degreaser,'' ''fabric protectant,'' ''facial cleaner or soap,'' ''fat wood,'' ''flea and tick insecticide,'' ''flexible flooring material,'' ''floor polish or wax,'' ''floor seam sealer,'' ''floor wax stripper,'' ''flying bug insecticide,'' ''fragrance,'' ''furniture maintenance product,'' ''furniture coating,'' ''gel,'' ''general purpose adhesive,'' ''general purpose cleaner,'' ''general purpose degreaser,'' ''general-use hand or body cleaner or soap,'' ''glass cleaner,'' ''gross Pennsylvania sales,'' ''HVOC--high volatility organic compound,'' ''hair mousse,'' ''hair shine,'' ''hair styling gel,'' ''hair spray,'' ''heavy-duty hand cleaner or soap,'' ''herbicide,'' ''household product,'' ''insecticide,'' ''insecticide fogger,'' ''institutional product or industrial and institutional (I&I) product,'' ''lower vapor pressure (LVP) content,'' ''lower vapor pressure (LVP)-VOC,'' ''label,'' ''laundry prewash,'' ''laundry starch product,'' ''lawn and garden insecticide,'' ''liquid,'' ''lubricant,'' ''MVOC--medium volatility organic compound,'' ''manufacturer,'' ''medicated astringent/medicated toner,'' ''metal polish/cleaner,'' ''missing data days,'' ''mist spray adhesive,'' ''multipurpose dry lubricant,'' ''multipurpose lubricant,'' ''multipurpose solvent,'' ''nail polish,'' ''nail polish remover,'' ''nonaerosol product,'' ''noncarbon containing compound,'' ''nonresilient flooring,'' ''nonselective terrestrial herbicide,'' ''one-product business,'' ''oven cleaner,'' ''paint,'' ''paint remover or stripper,'' ''penetrant,'' ''pesticide,'' ''Pennsylvania sales,'' ''plasticizer,'' ''pre-ACP VOC content,'' ''principal display panel or panels,'' ''product brand name,'' ''product category,'' ''product line,'' ''propellant,'' ''pump spray,'' ''reconcile'' or ''reconciliation,'' ''reconciliation'' of shortfalls plan,'' ''responsible party,'' ''responsible ACP party,'' ''restricted materials,'' ''retailer,'' ''retail outlet,'' ''roll-on product,'' ''rubber and vinyl protectant,'' ''rubbing alcohol,'' ''sealant and caulking compound,'' ''semisolid,'' ''shaving cream,'' ''shortfall,'' ''silicone-based multipurpose lubricant,'' ''single-phase aerosol air freshener,'' ''solid,'' ''special purpose spray adhesive,'' ''spot remover,'' ''spray buff product,'' ''stick product,'' ''structural waterproof adhesive,'' ''surplus reduction,'' ''surplus trading,'' ''TMHE--total maximum historical emissions,'' ''Table B compound,'' ''terrestrial,'' ''tire sealant and inflation,'' ''Type A propellant,'' ''Type B propellant,'' ''Type C propellant,'' ''undercoating,'' ''usage directions,'' ''VOC content,'' ''wasp and hornet insecticide,'' ''waterproofer,'' ''wax,'' ''web spray adhesive,'' ''wood floor wax'' and ''working day.''
Section 130.211 (relating to table of standards) sets forth the percentage of VOC by weight, which cannot be exceeded for consumer products that are sold, supplied, offered for sale or manufactured for sale in this Commonwealth. Sections 130.212--130.216 contain other requirements that relate specifically to certain products like charcoal lighter materials, products registered under the Federal Insecticides, Fungicides and Rodenticides Act (FIFRA), aerosol adhesives and floor wax strippers. Sections 130.331--130.337 set forth the general exemption requirements for products for shipment and use outside of this Commonwealth and exemptions for specific consumer products like antiperspirants and deodorants, adhesives, insecticides, fungicides and rodenticides registered under FIFRA and air fresheners. Sections 130.351 and 130.352 (relating to innovative products exemption; and request for exemption) set forth exemptions for products that are considered innovative to advance and encourage new technologies. Section 130.371 and §§ 130.372 and 130.373 (relating to most restrictive limit; and additional labeling requirements for aerosol adhesives) set forth code-dating and additional labeling requirements for consumer products that are subject to this subsection. Sections 130.391 and 130.392 (relating to required reporting of information to the Department; and confidentiality) set forth general reporting requirements, special reporting requirements, reporting requirements for ozone depleting compounds and confidentiality requirements. Sections 130.411--130.414 set forth the procedures that a manufacturer may use to apply for and be granted a variance for certain products that would otherwise be subject to regulation. Additional requirements under § 130.411 were added at final-form rulemaking that set forth public hearing requirements for variance determinations. Section 130.431 (relating to testing for compliance) sets forth the test methods that will be used to ensure that the products are in compliance with this subchapter. Sections 130.451--130.465 set forth alternative methods of compliance for consumer products and administrative and other applicable requirements. In addition, more extensive ACP application requirements have been added to ensure that all applicants know what information is needed. Finally, § 130.471 was added.
The major changes that were made from proposed to final-form rulemaking include numerical changes in the table of standards under § 130.211; more detailed variance application requirements under § 130.411; § 130.454 that sets forth an application procedure for an ACP; treatment of information is more specific under § 130.464; and § 130.471 related to public hearing requirements has been added.
The final-form rulemaking will be submitted to the EPA as an amendment to the State Implementation Plan.
G. Benefits and Costs
Executive Order 1996-1, ''Regulatory Review and Promulgation,'' requires a cost/benefit analysis of the final-form rulemaking.
Benefits
Overall, the citizens of this Commonwealth will benefit from this final-form rulemaking because it will result in improved air quality by reducing ozone precursor emissions and encourage new technologies and practices, which will reduce emissions. The final-form rulemaking will also result in reduced levels of hazardous air pollutants throughout this Commonwealth. In addition, the final-form rulemaking will reduce citizen exposure to a variety of solvents, including hazardous air pollutants that are used in a variety of consumer products.
Compliance Costs
Under the final-form rulemaking, it is estimated that the reduction of VOC content of the affected consumer products will cost approximately $800 per ton of emissions reduced based on annual emission reductions of approximately 6,000 tons or 1 pound per person. This equates to an estimated annual cost increase of $4.8 million annually, or 30¢--40¢ per Commonwealth consumer.
Compliance Assistance Plan
The Department plans to educate and assist the public and the regulated community in understanding the newly-revised requirements and how to comply with them. This will be accomplished through the Department's ongoing regional compliance assistance program.
Paperwork Requirements
The final-form rulemaking will not increase the paperwork that is already generated during the normal course of business operations.
H. Sunset Review
The final-form rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the final amendments 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 October 26, 2001, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposal, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
In preparing this final-form rulemaking, the Department has considered the comments received from IRRC and the public. These comments are addressed in the comment and response document and Section E of this preamble.
Under section 5.1(d) of the Regulatory Review Act (71 P. S. § 745.5a(d)), on August 13, 2002, this final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(c) of the Regulatory Review Act, IRRC met on August 22, 2002, and approved the final-form rulemaking.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under section 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder in 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) These regulations do not enlarge the purpose of the proposal published at 31 Pa.B. 6163 (November 10, 2001).
(4) This rulemaking is necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this Preamble.
(5) This rulemaking is necessary for the Commonwealth to achieve and maintain ambient air quality standards.
K. Order
The Board, acting under the authorizing statutes, order that:
(a) The regulations of the Department, 25 Pa. Code, are amended by adding §§ 130.201, 130.202, 130.211--130.216, 130.331--130.337, 130.351, 130.352, 130.371--130.373, 130.391, 130.392, 130.411--130.414, 130.431, 130.451--130.465 and 130.471 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau, as required by law.
(e) This order shall take effect immediately upon publication.
DAVID E. HESS,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 32 Pa.B. 4405 (September 7, 2002).)
Fiscal Note: Fiscal Note 7-370 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF
ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF
NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 130. STANDARDS FOR PRODUCTS
Subchapter B. CONSUMER PRODUCTS GENERAL PROVISIONS
Sec.
130.201. Applicability. 130.202. Definitions. STANDARDS
130.211. Table of standards. 130.212. Products diluted prior to use. 130.213. Products registered under FIFRA. 130.214. Requirements for charcoal lighter materials. 130.215. Requirements for aerosol adhesives. 130.216. Requirements for floor wax strippers. EXEMPTIONS
130.331. Products for shipment and use outside this Commonwealth. 130.332. Antiperspirants and deodorants. 130.333. LVP-VOC. 130.334. Products registered under FIFRA. 130.335. Air fresheners. 130.336. Adhesives. 130.337. Bait station insecticides. INNOVATIVE PRODUCTS
130.351. Innovative products exemption. 130.352. Request for exemption. ADMINISTRATIVE REQUIREMENTS
130.371. Code-dating. 130.372. Most restrictive limit. 130.373. Additional labeling requirements for aerosol adhesives. REPORTING REQUIREMENTS
130.391. Required reporting of information to the Department. 130.392. Confidentiality. VARIANCES
130.411. Application for variance. 130.412. Variance orders. 130.413. Termination of variance. 130.414. Modification of variance. TEST METHODS
130.431. Testing for compliance. ACP FOR CONSUMER PRODUCTS
130.451. Alternative methods of compliance. 130.452. Exemption. 130.453. Request for exemption. 130.454 Application for an ACP. 130.455. Recordkeeping and availability of requested information. 130.456. Surplus reductions and surplus trading. 130.457. Limited-use surplus reduction credits for early reformulations of ACP products. 130.458. Reconciliation of shortfalls. 130.459. Notification of modifications to an ACP by the responsible ACP party. 130.460. Modifications that require Department preapproval. 130.461. Other modifications. 130.462. Modification of an ACP by the Department. 130.463. Cancellation of an ACP. 130.464. Treatment of information. 130.465. Other applicable requirements. PUBLIC HEARING REQUIREMENTS
130.471. Public hearings.
GENERAL PROVISIONS § 130.201. Applicability.
Except as provided in §§ 130.331--130.337 (relating to exemptions), this subchapter applies to a person who sells, supplies, offers for sale, or manufactures consumer products on or after January 1, 2005, for use in this Commonwealth.
§ 130.202. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
ACP--Alternative Control Plan--An emissions averaging program approved by the Department under this subchapter.
ACP agreement--The document signed by the Department which includes the conditions and requirements of the ACP, and which allows manufacturers to sell ACP products in this Commonwealth under the requirements of this subchapter.
ACP emissions--
(i) The sum of the VOC emissions from every ACP product subject to an ACP Agreement approving an ACP, during the compliance period specified in the ACP agreement, expressed to the nearest pound of VOC and calculated according to the following equation:
ACP Emissions = (Emissions)1 + (Emissions)2
+ ... + (Emissions)N (VOC Content) ×
(Enforceable Sales)
Emissions = _________________
100
where,
(ii) For all products except charcoal lighter material products:
((B-C) × 100)
VOC Content (Percent) = ______
AA = net weight of unit (excluding container and packaging)
B = total weight of all VOCs per unit, as defined in this section
C = total weight of all exempted VOCs per unit, as specified in this section
(iii) For charcoal lighter material products only:
(Certified Emissions × 100)
VOC Content = _________________
Certified Use RateCertified Emissions = the emissions level for products approved by the Department under § 130.214 (relating to requirements for charcoal lighter materials), as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound CH2 per start.
Certified Use Rate = the usage level for products approved by the Department under § 130.214, as determined under ''South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991),'' expressed to the nearest 0.001 pound certified product used per start.
ACP limit--The maximum allowable ACP Emissions during the compliance period specified in an ACP Agreement approving an ACP, expressed to the nearest pound of VOC and calculated according to the following equation:
ACP Limit = (Limit)1 + (Limit)2 + ... + (Limit)N
where,
(ACP Standard) × (Enforceable Sales)
Limit = _________________
100Enforceable 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 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).
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, except those products that have been exempted under §§ 130.331--130.337 (relating to exemptions), or exempted as innovative products under §§ 130.351 and 130.352 (relating to innovative products).
ACP reformulation or ACP reformulated--The process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level which is less than the current VOC content of the product.
ACP standard--The Pre-ACP VOC content of an ACP product or the applicable VOC standard specified in § 130.211, whichever is less.
ACP VOC standard--The maximum allowable VOC content for an ACP product, determined as follows:
(i) The applicable VOC Standard specified in § 130.211, for all ACP products except for charcoal lighter material.
(ii) For charcoal lighter material products only, the VOC Standard for the purposes of this section shall be calculated according to the following equation:
(0.020 pound CH2 per start × 100)
VOC Standard = _________________
Certified Use Ratewhere,
0.020 = the certification emissions level for the Department-approved product, as specified in § 130.214.
Certified Use Rate = the usage level for products approved by the Department under § 130.214, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991), expressed to the nearest 0.001 pound certified product used per start.
ASTM--The American Society for Testing and Materials.
Adhesive--A product that is used to bond one surface to another by attachment.
(i) 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--A product designed exclusively for the removal of adhesives, caulk and other bonding materials from either a specific substrate or a variety of substrates.
Aerosol adhesive--An aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment.
Aerosol cooking spray--An aerosol product designed either to reduce sticking on cooking and baking surfaces or to be applied on food, or both.
Aerosol product--A pressurized spray system that dispenses product ingredients by means of a propellant or mechanically induced force. The term does not include pump sprays.
Agricultural use--The use of a pesticide or method or device for the control of pests in connection with the commercial production, storage or processing of an animal or plant crop. The term does not include the sale or use of pesticides in properly labeled packages or containers which are intended for the following uses:
(i) Home use. Use in a household or its immediate environment.
(ii) Structural pest control. A use requiring a license under the applicable State pesticide licensing requirement.
(iii) Industrial use. Use in a manufacturing, mining or chemical process or use in the operation of factories, processing plants and similar sites.
(iv) Institutional use. Use within the lines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums and office complexes.
Air freshener--A consumer product, including sprays, wicks, powders and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting or deodorizing the air.
(i) The term does not include:
(A) Products that are used on the human body.
(B) Products that function primarily as cleaning products.
(C) Disinfectant products claiming to deodorize by killing germs on surfaces.
(D) Institutional/industrial disinfectants when offered for sale solely through institutional and industrial channels of distribution.
(ii) The term includes spray disinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrial channels of distribution.
(iii) To determine whether a product is an air freshener, all verbal and visual representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The presence of, and representations about, a product's fragrance and ability to deodorize (resulting from surface application) does not constitute a claim of air freshening.
All other carbon-containing compounds--Compounds which contain at least one carbon atom and are not a ''Table B'' compound or a ''LVP-VOC.''
All other forms--Consumer product forms for which no form-specific VOC standard is specified in §§ 130.211--130.216 (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 to reduce the level of microorganisms on the skin through germicidal activity. The term includes the following:
(A) Antimicrobial hand or body washes/cleaners.
(B) Foodhandler hand washes.
(C) Healthcare personnel hand washes.
(D) Preoperative skin preparations.
(E) Surgical scrubs.
(ii) The term does not include the following:
(A) Prescription drug products.
(B) Antiperspirants.
(C) Astringent/toner.
(D) Deodorant.
(E) Facial cleaner or soap.
(F) General-use hand or body cleaner or soap.
(G) Hand dishwashing detergent, including antimicrobial.
(H) Heavy-duty hand cleaner or soap.
(I) Medicated astringent/medicated toner.
(J) Rubbing alcohol.
Antiperspirant--A product, including aerosols, roll-ons, sticks, pumps, pads, creams and squeeze-bottles, that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20% in at least 50% of a target population.
Architectural coating--A coating applied to stationary structures and their appurtenances, to mobile homes, to pavements or to curbs.
Astringent/toner--A product not regulated as a drug by the United States Food and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. This category does not include:
(i) Hand, face or body cleaner or soap products.
(ii) Medicated astringent/medicated toner.
(iii) Cold cream.
(iv) Lotion.
(v) Antiperspirant.
Automotive brake cleaner--A cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.
Automotive hard paste wax--An automotive wax or polish which is:
(i) Designed to protect and improve the appearance of automotive paint surfaces.
(ii) A solid at room temperature.
(iii) 0% water by formulation.
Automotive instant detailer--A product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped off prior to the product being allowed to dry.
Automotive rubbing or polishing compound--A product designed primarily to remove oxidation, old paint, scratches or swirl marks, and other defects from the painted surfaces of motor vehicles without leaving a protective barrier.
Automotive wax, polish, sealant or glaze--A product designed to seal out moisture, increase gloss or otherwise enhance a motor vehicle's painted surfaces.
(i) The term includes products designed for:
(A) Use in autobody repair shops and drive-through car washes.
(B) Use by the general public.
(ii) The term does not include:
(A) Automotive rubbing or polishing compounds.
(B) Automotive wash and wax products.
(C) Surfactant-containing car wash products.
(D) Products designed for use on unpainted surfaces such as bare metal, chrome, glass or plastic.
Automotive windshield washer fluid--A liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing or wetting the windshield. The term does not include fluids placed by the manufacturer in a new vehicle.
Bathroom and tile cleaner--A product designed to clean tile or surfaces in bathrooms. The term does not include products specifically designed to clean toilet bowls or toilet tanks.
Bug and tar remover--A product designed to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish:
(i) Biological-type residues such as insect carcasses and tree sap.
(ii) Road grime, such as road tar, roadway paint markings and asphalt.
Carburetor or fuel-injection air intake cleaners--A product designed to remove fuel deposits, dirt or other contaminants from a carburetor, choke, throttle body of a fuel-injection system or associated linkages. The term does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors.
Carpet and upholstery cleaner--A cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting and the interior of motor vehicles or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics.
(i) The term includes, but is not limited to, products that make fabric protectant claims.
(ii) The term does not include:
(A) General purpose cleaners, spot removers, vinyl or leather cleaners or dry cleaning fluids.
(B) Products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.
Charcoal lighter material--A combustible material designed to be applied on, incorporated in, added to or used with charcoal to enhance ignition. The term does not include the following:
(i) Electrical starters and probes.
(ii) Metallic cylinders using paper tinder.
(iii) Natural gas.
(iv) Propane.
(v) Fat wood.
Colorant--A pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.
Compliance period--The period of time, not to exceed 1 year, for which the ACP Limit and ACP Emissions are calculated and for which compliance with the ACP Limit is determined, as specified in the ACP agreement approving an ACP.
Construction, panel and floor covering adhesive--
(i) A one-component adhesive that is designed exclusively for the installation, remodeling, maintenance or repair of:
(A) Structural and building components that include, but are not limited to, the following:
(I) Beams.
(II) Trusses.
(III) Studs
(IV) Paneling (drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, predecorated hardboard or tileboard, and the like).
(V) Ceiling and acoustical tile.
(VI) Molding, fixtures, countertops or countertop laminates, cove or wall bases and flooring or subflooring.
(B) Floor or wall coverings that include, but are not limited to, the following:
(I) Wood or simulated wood covering.
(II) Carpet, carpet pad or cushion, vinyl-backed carpet.
(III) Flexible flooring material.
(IV) Nonresilient flooring material.
(V) Mirror tiles and other types of tiles.
(VI) Artificial grass.
(ii) The term does not include floor seam sealer.
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