Title 25--ENVIRONMENTAL PROTECTION ENVIRONMENTAL QUALITY BOARD [ 25 PA. CODE CH. 130 ] Consumer Products; and Architectural and Industrial Maintenance Coatings [38 Pa.B. 5598]
[Saturday, October 11, 2008]The Environmental Quality Board (Board) by this order amends Chapter 130, Subchapters B and C (relating to consumer products; and architectural and industrial maintenance coatings), to read as set forth in Annex A. The amendments to Subchapter B will amend the Table of Standards to add volatile organic compound (VOC) content limits for an additional 11 categories of consumer products and revise the VOC content limits for one category of consumer products currently regulated. The amendments to Subchapter B also include definitions for approximately 30 new terms, including terms that relate to the new regulated product categories, and revised definitions for approximately 75 existing terms to provide clarity. The amendments add the term ''VOC--volatile organic compound'' to Subchapter B and revise the definition of the term in Subchapter C to mirror the definition of the term in § 121.1 (relating to definitions). The definition of the term ''VOC--volatile organic compound'' in § 121.1 refers to the Federal definition of VOC.
This order was adopted by the Board at its meeting of June 17, 2008.
A. Effective Date
These amendments will go into effect upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information contact Susan Hoyle, Division of Air Resource Management, P. O. Box 8468, Rachel Carson State Office Building, Harrisburg, PA 17105-8468 (717) 772-2329; or Kristen Campfield Furlan, Assistant Counsel, Bureau of Regulatory Counsel, P. O. Box 8464, Rachel Carson State Office Building, Harrisburg, PA 17105-8464, (717) 787-7060. Persons with a disability may use the AT&T Pennsylvania Relay Service by calling (800) 654-5984 (TDD users) or (800) 654-5988 (voice users). This rulemaking is available electronically through the Department of Environmental Protection's (Department) web site at www.depweb.state.pa.us.
C. Statutory Authority
This final-form rulemaking is authorized under section 5 of the Air Pollution Control Act (APCA) (35 P. S. § 4005), which grants the Board the authority to adopt rules and regulations for the prevention, control, reduction and abatement of air pollution in this Commonwealth.
D. Background of the Amendments
When ground-level ozone is present in concentrations in excess of the Federal health-based standard, public health and welfare are adversely affected. The United States Environmental Protection Agency (EPA) has 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.
On March 12, 2008, the EPA announced a revised primary and secondary 8-hour ozone standard from 0.08 ppm to 0.075 ppm. The EPA selected the new levels for the final standards after reviewing more than 1,700 peer-reviewed scientific studies about the effects of ozone on public health and welfare, and after considering advice from the agency's external scientific advisors and staff, along with extensive public comment. The EPA held five public hearings and received nearly 90,000 written comments. The EPA's projections indicate that without additional State or local controls, there will still be areas not meeting this more protective standard.
The purpose of the amendments is to reduce the 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 amendments are part of the Commonwealth's strategy to achieve and maintain the 8-hour ozone National Ambient Air Quality Standard (NAAQS) throughout this Commonwealth. The amendments expand upon the consumer products regulation adopted by the Board at its meeting of July 16, 2002. See 32 Pa.B. 4824 (October 5, 2002).
The amendments also revise the definition of the term ''VOC--volatile organic compound'' in Subchapter C to mirror the definition of the term in § 121.1. The definition of the term ''VOC--volatile organic compound'' in § 121.1 refers to the Federal definition of VOC. This revision will harmonize the VOC definitions in Chapters 121 and 130 and in Subchapters B and C of Chapter 130, and will make the most currently VOC exempt compounds available as tools to reduce ozone and particulate matter (PM) formation.
While there are Federal VOC content limits codified at 40 CFR Part 59, Subpart C (relating to national volatile organic compound emission standards for consumer 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 final-form rulemaking.
These amendments are consistent with regulatory initiatives that are being undertaken by other jurisdictions in the Ozone Transport Region (OTR) 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 the spring of 2004 through the autumn of 2006. Representatives of the major consumer products trade associations, including the Consumer Specialty Products Association (CSPA), the American Solvents Council and the Cosmetic, Toiletry and Fragrance Association (now the Personal Care Products Council or PCPC), 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.
Consistent with section 7.4 of the APCA (35 P. S. § 4007.4), the Department held three public meetings regarding control measures under consideration for adoption by the OTC on May 22, 23 and 25, 2006. The control measures reviewed at these meetings included the OTC Consumer Products Model Rule. Notice of these meetings was published at 36 Pa.B. 2071 (April 29, 2006).
Based on the analysis performed by the OTC workgroup, the OTC Commissioners at the OTC Commissioners' meetings of 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. 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, has had discussions with representatives of the various National consumer product manufacturers in related industries, and gathered their support for the amendments at the proposed rulemaking stage, it is important that the amendments of the consumer product regulation be implemented consistently and uniformly in the OTR.
The Department consulted with the Air Quality Technical Advisory Committee (AQTAC) on the final-form rulemaking on March 27, 2008. The AQTAC concurred unanimously with the Department's recommendation to present the final-form rulemaking to the Board for consideration as final-form rulemaking at the Board's June 17, 2008, meeting. The Department discussed the final-form rulemaking with the Citizens Advisory Council on March 18, 2008, and the SBCAC on April 23, 2008. The CAC and SBCAC had no comments or concerns with the final-form rulemaking.
E. Summary of Regulatory Requirements and Major Changes to the Proposed Rulemaking
This final-form rulemaking amends the definitions in § 130.202 (relating to definitions) of the following terms, for clarity, style and format: ''ACP emissions,'' ''ACP limit,'' ''ACP product,'' ''ACP VOC standard,'' ''ASTM,'' ''adhesive,'' ''adhesive remover,'' ''aerosol adhesive,'' ''aerosol product,'' ''agricultural use,'' ''air freshener,'' ''all other forms,'' ''astringent/toner,'' ''automotive wax, polish, sealant or glaze,'' ''bathroom and tile cleaner,'' ''bug and tar remover,'' ''carburetor or fuel-injection air intake cleaners,'' ''carpet and upholstery cleaner,'' ''compliance period,'' ''construction, panel and floor covering adhesive,'' ''consumer product,'' ''contact adhesive,'' ''deodorant,'' ''device,'' ''dry cleaning fluid,'' ''dusting aid,'' ''electronic cleaner,'' ''enforceable sales record,'' ''fabric protectant,'' ''facial cleaner or soap,'' ''floor polish or wax,'' ''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,'' ''hair shine,'' ''hair spray,'' ''hair styling gel,'' ''heavy-duty hand cleaner or soap,'' ''institutional product or industrial and institutional (I&I) product,'' ''LVP content or lower vapor pressure content,'' ''LVP-VOC or lower vapor pressure-VOC,'' ''lawn and garden insecticide,'' ''liquid,'' ''lubricant,'' ''medicated astringent/medicated toner,'' ''multipurpose lubricant,'' ''multipurpose solvent,'' ''nonresilient flooring,'' ''paint remover or stripper,'' ''penetrant,'' ''Pennsylvania sales,'' ''plasticizer,'' ''pre-ACP VOC content,'' ''principal display panel or panels,'' ''product category,'' ''sealant and caulking compound,'' ''shaving cream,'' ''shortfall,'' ''solid,'' ''special purpose spray adhesive,'' ''spot remover,'' ''structural waterproof adhesive,'' ''surplus reduction,'' ''TMHE-Total maximum historical emissions,'' ''type B propellant,'' ''type C propellant,'' ''undercoating,'' ''VOC content,'' ''waterproofer'' and ''wax.''
Thirty-five of the definitions that were revised in the proposed rulemaking have been returned to their original language in the final-form rulemaking, in response to public comment expressing concern that replacement of the term ''designed'' with ''formulated or labeled'' would be inconsistent with the OTC Model Rule. The defined terms that have been returned to their existing regulatory language are the following: ''aerosol cooking spray,'' ''antimicrobial hand or body cleaner or soap,'' ''automotive brake cleaner,'' ''automotive hard paste wax,'' ''automotive instant detailer,'' ''automotive rubbing or polishing compound,'' ''automotive windshield washer fluid,'' ''charcoal lighter material,'' ''container/packaging,'' ''crawling bug insecticide,'' ''disinfectant,'' ''engine degreaser,'' ''flea and tick insecticide,'' ''floor seam sealer,'' ''glass cleaner,'' ''hair mousse,'' ''herbicide,'' ''household product,'' ''insecticide,'' ''insecticide fogger,'' ''laundry prewash,'' ''laundry starch product,'' ''metal polish/cleanser,'' ''multipurpose dry lubricant,'' ''nail polish,'' ''nail polish remover,'' ''oven cleaner,'' ''paint,'' ''pesticide,'' ''rubber and vinyl protectant,'' ''silicone-based multipurpose lubricant,'' ''spray buff product,'' ''tire sealant and inflation,'' ''wasp and hornet insecticide'' and ''wood floor wax.''
This final-form rulemaking adds definitions in § 130.202 for the following terms 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.''
This final-form rulemaking also adds a definition in § 130.202 for the term ''VOC--volatile organic compound,'' to mirror the definition of this term in § 121.1. This term in Subchapter C was not included in the proposed rulemaking and is amended in the final-form rulemaking in response to public comment. The definition of the term ''VOC--volatile organic compound'' in § 121.1 refers to the Federal definition of VOC. This reference to the Federal definition will allow the ''VOC--volatile organic compound'' definition in the Department's rules to be updated automatically whenever the EPA revises its definition to exclude a negligibly reactive compound from the definition of VOC.
The final-form 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: 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 final-form rulemaking amends §§ 130.201, 130.202, 130.211, 130.213 and130.215 (relating to products registered under FIFRA; requirements for charcoal lighter materials; and requirements for aerosol adhesives) for clarity and format. In addition, the final-form rulemaking amends § 130.214 to incorporate future changes in test procedures and deletes from § 130.215(a) an unnecessary reference to a California regulatory provision.
The final-form rulemaking adds § 130.217 (relating to sell-through of products) to allow for sell-through of product manufactured prior to applicable effective dates.
The final-form rulemaking amends §§ 130.331, 130.332, 130.334, 130.335 and 130.338 for clarity and format. The proposed rulemaking had proposed deleting ''air fresheners'' from the exemption in § 130.335(b) (relating to air fresheners) for consistency with the OTC Model Rule, because these air fresheners will be regulated in the new category ''toilet/urinal care product.'' That left an exemption for insecticides containing at least 98% paradichlorobenzene in § 130.335(b), which in the final-form rulemaking has been moved to new § 130.334(b) (relating to products registered under FIFRA). Section 130.335(b) is deleted in the final-form rulemaking.
The final-form rulemaking amends § 130.371 (relating to product dating) by updating the product dating requirements and explaining the format and location for the date code. The final-form rulemaking also requires that a manufacturer submit an explanation of its modified codes to the Department before products displaying the modified code can be sold. The proposed rulemaking had required that the product date or code be displayed on each consumer product container or package, and an explanation of it filed with the Department, no later than 12 months prior to the effective date of the applicable standard. The final-form rulemaking amends this section to require that the date or date-code be displayed, and an explanation of it filed with the Department, before the consumer product is sold, supplied or offered for sale in this Commonwealth.
The final-form rulemaking amends § 130.372 (relating to most restrictive limit) to add new subsections (a) and (b). 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. Subsection 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 final-form rulemaking requires additional information on product containers for products in § 130.373 (relating to additional labeling requirements for aerosol adhesive, adhesive remover, electrical cleaner, electronic cleaner, energized electrical cleaner and contact adhesive products).
The final-form rulemaking amends §§ 130.411, 130.412 and 130.414 (relating to application for variance; variance orders; and modification of variance) for format.
The final-form 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 final-form rulemaking amends §§ 130.452--130.455, 130.457, 130.458, 130.460, 130.462 and 130.465 for clarity.
The final-form rulemaking amends § 130.471 (relating to public hearings) to require the applicant for a variance or alternative control plan to publish the notice for the three public hearings in newspapers of general circulation not less than 30 days prior to the hearings. The Department will publish notice in the Pennsylvania Bulletin.
The final-form rulemaking amends the definition of the term ''VOC--volatile organic compound'' in the definitions pertaining to architectural and industrial maintenance coatings in Subchapter C, to mirror the definition of this term in § 121.1. The definition of the term ''VOC--volatile organic compound'' in § 121.1 refers to the Federal definition of VOC. This reference to the Federal definition will allow the Department's rules to be updated automatically whenever EPA revises its definition to exclude a negligibly reactive compound from the definition of VOC. Specifically, this will allow for the use of tertiary butyl acetate as a VOC-exempt compound in architectural and industrial maintenance coatings, providing improved ozone air pollution reduction benefits to the citizens of this Commonwealth. Amendments to Subchapter C were not included in the proposed rulemaking, but this amendment is included in the final-form rulemaking in response to public comment on the proposed rulemaking. The requested revision is within the scope of this rulemaking. It will harmonize the VOC definitions in Chapters 121 and 130 and in Subchapters B and C of Chapter 130, and will make the most currently VOC exempt compounds available as tools to reduce ozone and PM formation.
The final-form rulemaking will be submitted to the EPA as an amendment to the State Implementation Plan.
F. Summary of Major Comments and Responses on the Proposed Rulemaking
The Board approved publication of the proposed rulemaking at its meeting of June 19, 2007. The proposed rulemaking was published at 37 Pa.B. 5117 (September 15, 2007), with a 60-day public comment period. Revised dates for the public comment period and public hearings were published at 37 Pa.B. 5379 (October 7, 2007) and at 37 Pa.B. 5799 (October 27, 2007). Three public hearings were held on November 26, 2007, in Pittsburgh, Harrisburg and Norristown, PA. The public comment period closed on December 26, 2007.
General Support; Promulgation of Uniform Consumer Products Regulations Throughout the OTR
The CSPA supported the Department's proposed amendments. Despite noting that some of the standards may pose challenges for some CSPA members, especially small businesses, CSPA commented that adoption of uniform regional regulations is a practical necessity for small businesses and that CSPA's members support the promulgation of uniform regulations throughout the OTR.
The members of the PCPC commended the Department on substantially adhering to the revised OTC Model Rule in the proposed regulation. The Council worked closely with the OTC on the adoption of both its original regulation and the 2006 updated version. The Council's support for these efforts stems from what it described as the critical need of Council members to have State regulations that are both technologically and commercially feasible for compliance and that permit the sale of uniform products across state lines.
The Department thanks the CSPA, the PCPC and their members for their efforts in promoting regulatory standards needed by this Commonwealth and other member jurisdictions of the OTR to achieve and maintain the 8-hour ozone NAAQS throughout the region. The Department recognizes that promulgating consistent regulations across the OTC will assist companies in complying with these measures. The final-form rulemaking is consistent with regulatory initiatives recommended by the OTC to address transport of ozone precursors throughout the OTR. The measures recommended by the OTC are reasonably necessary to achieve and maintain the health-based 8-hour ozone NAAQS in this Commonwealth. Additionally, on March 12, 2008, EPA issued a revised 8-hour ozone standard that could require additional emission reductions.
The Independent Regulatory Review Commission (IRRC) commended the Board for the promulgation of a regulation that is consistent with other regulations being implemented throughout the OTR, but noted that the EQB is not in control of the actions taken in the other OTR jurisdictions. IRRC requested that the Board explain the status of the implementation in other OTR jurisdictions, saying that if other jurisdictions were to implement different regulations or do their regulations on a different timetable, businesses and consumers in this Commonwealth could be disadvantaged.
In response, the Department has prepared a summary of the status of the adoption of consumer product amendments consistent with the OTC Model Rule. Connecticut adopted its rule on July 26, 2007, with an effective date of January 1, 2009. Maine adopted its rule on December 15, 2007, with an effective date of January 1, 2009. Maryland adopted its rule on June 18, 2007, with an effective date of January 1, 2009. Massachusetts adopted its rule on October 19, 2007, with an effective date of January 1, 2009. New Jersey published its proposed rulemaking on November 5, 2007, and the public comment period closed January 4, 2008. New Jersey proposed an effective date of January 1, 2009. Delaware intends to hold a public hearing in June 2008, and intends to publish a final rule August 1, 2008, with an effective date of January 1, 2009. New Hampshire, New York, Rhode Island, Virginia and the District of Columbia have rules in development.
IRRC also requested that the Board provide a comparison of the content of the regulations promulgated by other OTR jurisdictions with Pennsylvania's final-form regulations.
The Department responds that each jurisdiction, with the exception of Vermont, has adopted or intends to adopt the OTC Model Rule, some with changes based on their need, discretion or regulatory procedure and formatting conventions. However, the VOC content limits of the products and the basic provisions of the rules are consistent across the jurisdictions. The minor differences between the rules are not sufficient to interfere with the development of a regional control strategy or regional market.
IRRC requested that the Board explain how Pennsylvania's final-form regulation minimize the economic impact on businesses and consumers in this Commonwealth.
The Department responds that the final-form amendments are uniform and consistent with the OTC Model Rule and the consumer product regulations promulgated by the other member jurisdictions of the OTR. Manufacturers will not need to develop a Pennsylvania-specific product to comply with the final-form rulemaking. The amendments may slightly increase costs to purchasers of consumer products, but the cost increase is expected to be negligible because much of the reformulation of products has been completed as manufacturers developed products to meet these limits in other areas of the country. CARB estimated the cost effectiveness of VOC limits with an effective date (in California) of December 31, 2006, to be about $4,000 per ton of VOC reduced. CARB further estimated the average increase in cost per unit to the manufacturer to be about $0.16 per unit. Assuming CARB's estimates for the OTR provides a conservative estimate, because some of the one-time research and reformulation costs incurred for products sold in California will not have to be incurred again for products sold in the OTR.
Using the OTR's conservative estimate, it is estimated that for Pennsylvania, if none of the reformulation had yet been completed, the reduction of VOC content for the affected consumer products would cost approximately $4,000 per ton of emissions reduced. The VOC emission reduction benefit for the additional regulated consumer products is estimated to be 2.1 tons per day (tpd) and 767 tons annually. It is estimated that the reductions will be approximately 0.13 pound per resident per year. Total cost to the users is estimated to be approximately $3.1 million. This is an average of $0.26 per resident per year.
The production of low-VOC consumer products for these additional categories may require some new product development, but much of this work has already been done because of similar regulatory efforts in California.
Definitions--Reasonableness and Clarity
IRRC noted that the definition of ''construction, panel and floor covering adhesive'' exempts products that ''weigh more than 1 pound and consist of more than 16 fluid ounces, less packaging.'' IRRC noted that there are similar exemptions in the definitions of ''contact adhesive'' and ''general purpose adhesive.'' IRRC asked why the EQB placed no limit on the VOC content of large containers of these products, but placed the limits in § 130.211 on the identical product in a smaller container? IRRC requested that the EQB explain why these exemptions are reasonable and will not adversely affect the stated goal to reduce VOCs emitted from consumer products.
The Department responds that the Department anticipates the larger containers of construction, panel and floor covering adhesives, contact adhesives and general purpose adhesives to be regulated by the Department's proposed Chapter 130, Subchapter D amendment, relating to adhesives, sealants and primers. The Subchapter D amendment will be consistent with the requirements of the OTC 2006 Adhesives, Sealants and Primers Model Rule and is scheduled to be proposed to the EQB in the summer of 2008.
IRRC noted that subparagraphs (i) and (ii) of the definition of ''deodorant body spray'' refer to a ''product with 20% or less fragrance.'' It is not clear how to apply the 20% figure. For example, the ''Table of Standards'' in § 130.211 uses ''percent VOC by weight.'' IRRC recommended that the regulation specify what the 20% figure is related to, such as weight or volume.
The Department agrees and has revised the definition of the term ''deodorant body spray'' in the final-form rulemaking to clarify that the 20% fragrance is by weight.
Reasonable Effective Date (§ 130.211)
The CSPA commented that the proposed effective date of January 1, 2009, for the new VOC limits and related administrative and enforcement provisions would allow sufficient time for companies to comply with the technology-forcing VOC limits. IRRC requested that the EQB explain how the January 1, 2009, effective date, which requires compliance in less than a year, is reasonable and feasible for businesses and consumers.
The Department responds that the staff of the OTC and member states formed a workgroup to discuss additional control measures for consumer products during a series of conference calls and workshops held from the spring of 2004 through the autumn of 2006. Representatives of the major consumer products trade associations, including the CSPA, the American Solvents Council and the PCPC, participated in several of the conference calls with the OTC Workgroup and worked with the group to set the date of January 1, 2009, as the effective date. Hence, the members of these industry groups have been familiar with the OTC 2006 final Consumer Products Model Rule, are supportive of the initiative, and are aware that this rulemaking is being published with a January 1, 2009, compliance date.
Additionally, the majority of currently marketed products have already been reformulated to meet the California VOC limits which were adopted in July 2005. Most of these limits were effective in California by December 31, 2006. The standards in the final-form rulemaking are identical to the California standards, thus the manufacturers of the regulated products have had over 2 years to develop compliant products.
Sell-through of Products Manufactured Before the Applicable Effective Date (§ 130.217)
The CSPA support the Board's proposal for dealing with products manufactured before the applicable effective date for the VOC limits. This provision is entirely consistent with the parallel provision in the OTC Model Rule that imposes a sell-through limitation only on products that do not display either the date of manufacture or an appropriate date code. The practical realities of industry-wide competition and prevailing retailer practices result in the overwhelming number of products being sold within 12-18 months after the date of manufacture.
The Department appreciates the commentators' support.
Alternative Control Plan Provision (§ 130.452)
The CSPA urged the Board to consider adopting a narrowly-tailored amendment to the Commonwealth's current ACP provision, explaining that the amendment would have the effect of producing a measurable net environmental benefit for this Commonwealth. The CSPA explained that the Commonwealth's current regulation recognizes an ACP agreement approved by CARB, but that it is possible that there may be a very limited number of instances in which some products used in CARB's ACP compliance calculations may not be subject to the VOC limits in the proposed rulemaking, thereby leading to the denial of a CARB-approved ACP that is still producing a net environmental benefit. The CSPA offered a technical revision, which it asserted would make Pennsylvania's ACP provision consistent with the corresponding provision in the Ohio EPA's recently promulgated final regulation and the Illinois EPA's final draft regulation.
The Department responds that the amendments to the consumer products regulation are designed to reduce emissions within this Commonwealth's borders and in downwind areas in the OTR. The promulgation and implementation of the regulation in this Commonwealth will allow the Department to make progress in achieving and maintaining the NAAQS. The Alternative Control Plan approach outlined in the final-form regulation preserves the Commonwealth's right and obligation to determine on a case-by-case basis if an ACP will be environmentally beneficial, prior to granting approval of a plan. Adding the phrase ''used for emission credits'' would allow noncomplying product to be sold in this Commonwealth that could not be sold elsewhere in the OTR. Therefore, the requested exception has not been included in the final-form rulemaking.
IRRC noted that the CSPA believes that, as written, the regulation may have the unintended effect of limiting the environmental benefits of the regulation. IRRC suggested adding the phrase ''used for emission credits'' to § 130.452 (relating to exemption) so that the first sentence of this section in the final regulation would end: '' . . . provided that all ACP products used for emission credits within the CARB ACP agreement are contained in § 130.211.'' IRRC recommended that the EQB consider including this phrase in the final-form regulation.
While the Department appreciates the point that IRRC and the CSPA make, the amendments to the consumer products regulation are consistent with the OTC's Model Rule strategy, which is designed to reduce ozone precursors in this Commonwealth and in downwind areas. The addition of the CSPA suggested language would create inconsistency among the OTR member jurisdictions. Moreover, adding the phrase ''used for emission credits'' would allow noncomplying product to be sold in this Commonwealth that could not be sold in the other OTR states. The Department does not see a need to create such an exception.
Is Proposal Needed to Meet SIP Commitments?
The PCPC asked whether it is necessary to proceed with the proposal for the Commonwealth to meet its SIP commitments. On May 30, 2007, the Director of the EPA's Office of Air Quality Planning Standards issued a memorandum to EPA Regional Offices and to all states preparing ozone State Implementation Plans. The memorandum establishes the VOC Emission Reduction Credits that states can claim due to the EPA commercial and consumer product rules to be proposed imminently, with new limits to take effect January 1, 2009. The commentator urged the Department to seriously consider suspending action on its current proposal. The commentator stated that avoiding an additional State rulemaking proceeding would substantially simplify compliance and enforcement, reduce the costs of regulation, and dispel any chance of unintended but significant differences between the regulations.
The Department responds that emission reductions from this consumer product rulemaking are necessary as they are identified in the contingency measure plan in the Commonwealth's attainment demonstration for the 8-hour ozone NAAQS for the Philadelphia area. Additionally, emission reductions from this rulemaking will support the 8-hour ozone NAAQS attainment demonstration for the Pittsburgh-Beaver Valley Area; the original redesignation request and maintenance plan submitted to the EPA for the Pittsburgh region is no longer approvable because of a violation of the standard during the 2007 ozone season. The VOC emission reductions resulting from the adoption and implementation of the final-form regulation are reasonably necessary to achieve and maintain the 8-hour standard. The May 30, 2007, EPA memorandum stated that EPA's consumer product rule revision would be proposed in June 2007 and finalized in December 2007, with compliance being required by January 1, 2009. The EPA now expects to propose the rule in May of 2008, with compliance required by May 1, 2009. Additionally, the EPA notes on page 4 of its May 30, 2007, memorandum that, '' . . . if the EPA rule does not provide the reduction anticipated for a particular area, any State claiming credit from the Federal rule will be responsible for developing measures to make up the shortfall.'' In light of that and the fact that on March 12, 2008, the EPA announced a revised 8-hour ozone standard of 0.075 parts per million, it is important for the Commonwealth to develop and implement emission reduction strategies to reduce ozone precursor emissions within its borders. Based on 2004-2006 data, at least 23 counties are monitoring nonattainment of the March 12, 2008, 8-hour ozone standard.
Proposed Language: Use of the Term 'Designed'
The PCPC noted one deviation from the OTC Model Rule that was problematic. Throughout the proposal, the term ''designed'' was replaced with ''formulated or labeled'' and the commentator believed the proposal should revert to the use of the term ''designed'' to promote consistency with the OTC Model Rule. The PCPC noted that the term ''designed'' is largely in alignment with the Federal Food and Drug Administration's intended use doctrine. The language of the proposal--''formulated or labeled''--suggested that a product could be defined solely on the basis of either: 1) its claims; or 2) what may be in the product. This would be a fundamental policy shift and would be impracticable. Therefore, the proposal should be revised to use the term ''designed'' wherever it originally appeared in the definitional sections of the rule, or, alternatively, ''formulated and labeled''--but not ''formulated or labeled.''
The Department agrees with the recommendation and has reverted to the wording used by the OTC Model Rule for all of the definitions.
Definition of VOC and Exempt Solvent in Subchapters B and C
The National Paint and Coatings Association (NPCA) and Lyondell Chemical Company (Lyondell) commented that they were pleased to see that the proposed amendments were silent on the definition of a ''VOC'' or an ''exempt solvent,'' which means that the general definitions in § 121.1 will apply to the amended consumer products rule. Both definitions refer to the Federal definition of a VOC, which was last amended in 2004 to exclude tertiary butyl acetate (TBAC) based on its negligible ozone-forming potential. This reference to the Federal definition was a key reason the Commonwealth was one of the first states to be able to use TBAC as a tool to reduce ozone formation from a variety of product and point source emissions. They note that the Commonwealth's VOC rules are, therefore, automatically updated when the EPA excludes a compound from the VOC definition. This saves the Department resources and allows the quick use of negligibly reactive compounds instead of reactive ones, which helps to reduce ozone levels.
The Department appreciates the commentators' support and agrees that the general definitions of the terms ''VOC--volatile organic compound'' and ''exempt solvent'' found in § 121.1 apply to the consumer products subchapter. Additionally, the Department has added, at final, the term ''VOC--volatile organic compound'' to Chapter 130, Subchapter B, with the definition: ''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.''
The NPCA and Lyondell also commented that Subchapter C (relating to architectural and industrial maintenance coatings) includes definitions for the terms ''VOC'' and ''exempt compounds'' that are inconsistent with the Federal definitions, the Commonwealth's general definitions, the Commonwealth's consumer products definitions and those of all other OTC states. The commentators noted that these outdated definitions were left over from the OTC Model Rule and recommended that they be deleted from Subchapter C as part of this rulemaking. They explained that this would harmonize the Commonwealth's VOC definitions and make the latest VOC exempt compounds available as tools to reduce ozone and PM formation from architectural coating emissions statewide. They stated that this would also eliminate the need to revise Subchapter C each time the Federal VOC definition is amended, thus saving the Department resources.
The Department agrees. The requested revision is within the scope of this rulemaking. It will harmonize the VOC definitions in Chapters 121 and 130 and in Subchapters B and C of Chapter 130, and will make the most current VOC exempt compounds available as tools to reduce ozone and PM formation. The Department has revised the definition of the term ''VOC--volatile organic compound'' in Chapter 130, Subchapter C as part of this final-form consumer products rulemaking; the definition will read: ''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.'' The term ''exempt compound'' and its definition in Subchapter C did not need revision.
G. Benefits, Costs and Compliance
Benefits
The final-form rulemaking will assure that the residents of this Commonwealth and the environment will continue to benefit from reduced emissions of VOCs and Hazardous Air Pollutants (HAPs) in consumer products. Although the consumer product requirements are designed primarily to reduce ozone precursors, the reformulation of products to meet the VOC content limits will also result in the reduction of HAP emissions. The amendments will result in improved indoor and outdoor air quality for all citizens of this 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.
This final-form rulemaking will also improve ozone air pollution reduction benefits to the citizens of this Commonwealth by harmonizing the definition of ''VOC--volatile organic compound'' in Subchapter C with that in § 121.1 and Subchapter B. This revision will allow the Department's rules to be updated automatically when the EPA revises its definition to exclude a negligibly reactive compound from the definition of VOC. This will make the most currently VOC exempt compounds, such as TBAC, available as tools to reduce ozone and PM formation.
Compliance Costs
It is estimated that the reduction of VOC content for the affected consumer products will cost approximately $4,000 per ton of emissions reduced. The VOC emission reduction benefit for the additional regulated consumer products is estimated to be 2.1 tpd and 767 tons annually. It is estimated that the reductions will be approximately 0.13 pound per resident per year. Total cost to the users is estimated to be approximately $3.1 million. This is an average of $0.26 per resident per year. The final-form rulemaking includes compliance and averaging options that will allow manufacturers to formulate products in the most efficient and effective manner.
Additionally, the amendments to Chapter 130, Subchapter C, allow for the use of TBAC, an exempt VOC compound, which will provide additional cost-effective compliance options in the reformulation of architectural and industrial maintenance coating products.
Compliance Assistance Plan
The Department plans to educate and assist the public and regulated community in understanding the newly revised requirements and how to comply with them. This will be accomplished through the Department's ongoing compliance assistance program.
Paperwork Requirements
The final-form amendments revise the product dating requirements of Subchapter B to require only that the product date or date-code must be displayed on each consumer product container or package before the consumer product is sold, supplied or offered for sale in this Commonwealth. Additionally, the amendments require that a manufacturer must file an explanation of the code indicating the date of manufacture for a consumer product with the Department before the consumer product is sold, supplied or offered for sale in this Commonwealth. Prior to these revisions, the deadline for these requirements was no later than 12 months prior to the effective date of the applicable standard specified in the Table of Standards.
An applicant for an alternative control plan or variance will be required to publish notice of the time, place and purpose of the three public hearings for approval of the alternative control plan or variance in newspapers of general circulation at least 30 days prior to the hearings.
H. Pollution Prevention
The Federal Pollution Prevention Act of 1990 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.
These amendments 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 intended 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 final-form regulations will result in improved indoor and outdoor air quality for all citizens of this 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.
These amendments will also improve ozone air pollution reduction benefits to the citizens of this Commonwealth by making the most currently VOC exempt compounds, such as TBAC available under Subchapter C as tools to reduce ozone and PM formation.
I. Sunset Review
These regulations will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulation effectively fulfill the goals for which they were intended.
J. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 29, 2007, the Department submitted a copy of the notice of proposed rulemaking, published at 37 Pa.B. 5117, to IRRC and the Chairpersons of the House and Senate Environmental Resources and Energy Committees (Committees) for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on August 20, 2008, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on August 21, 2008, and approved the final-form rulemaking.
K. Findings of the Board
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 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 37 Pa.B. 5117.
(4) These regulations are necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this order.
(5) These regulations are necessary for the Commonwealth to achieve and maintain ambient air quality standards.
L. Order of the Board
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapter 130, are amended by amending §§ 130.201, 130.202, 130.211, 130.213--130.215, 130.331, 130.332, 130.334, 130.335, 130.371--130.373, 130.411, 130.412, 130.414, 130.431, 130.452--130.455, 130.457, 130.458, 130.460, 130.462, 130.465, 130.471 and 130.602; and by adding §§ 130.217 and 130.338 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.
(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 of the Board shall submit this order and Annex A to IRRC and the Senate and House 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 in the Pennsylvania Bulletin.
JOHN HANGER,
Acting Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to the document, see 38 Pa.B. 4961 (September 6, 2008).)
Fiscal Note: Fiscal Note 7-416 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 § 130.201. Applicability.
Except as provided in §§ 130.331--130.338 (relating to exemptions), this subchapter applies to a person who sells, supplies, offers for sale or manufactures a consumer product on or after 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--The sum of the VOC emissions from every ACP product subject to 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) × (Enforceable sales)
(i) Emissions = ___________________________
100
(ii) 1,2, . . . N = each product in an ACP up to the maximum N.
ACP limit--The maximum allowable ACP emissions during the compliance period specified in an ACP agreement, 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)
(i) Limit = ___________________________
100
(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--130.338 (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 specified in § 130.211 for all ACP products except charcoal lighter material products.
(ii) For charcoal lighter material products only, the VOC standard for the purposes of this subchapter shall be calculated according to the following equation:
(0.020 pound CH2 per start × 100) VOC standard = ___________________________
Certified use rate where,
0.020 = the certification emissions level for the Department-approved product, as specified in § 130.214.
ASTM--ASTM International, formerly the American Society for Testing and Materials.
Adhesive--A product that is 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.
Adhesive remover--
(i) A product designed 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--
(i) 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.
(ii) The term includes the following:
(A) Special purpose spray adhesive.
(B) Mist spray adhesive.
(C) 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 either to reduce sticking on cooking and baking surfaces or to be applied on food, or both.
Aerosol product--
(i) 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.
(ii) The term does not include pump sprays.
Agricultural use--
(i) 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.
(ii) The term does not include the sale or use of pesticides in properly labeled packages or containers which are intended for the following uses:
(A) Home use. Use in a household or its immediate environment.
(B) Structural pest control. A use requiring a license under the applicable State pesticide licensing requirement.
(C) Industrial use. Use for or in a manufacturing, mining or chemical process or use in the operation of factories, processing plants and similar sites.
(D) 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 the following:
(A) Products that are used on the human body.
(B) Products that function primarily as cleaning products, as indicated on a product label.
(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.
(E) Toilet/urinal care products.
* * * * *
All other forms--Consumer product forms for which no form-specific VOC standard is specified in §§ 130.211--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 to reduce the level of microorganisms on the skin through germicidal activity. The term includes the following:
(ii) Antimicrobial hand or body washes/cleaners.
(A) Foodhandler hand washes.
(B) Healthcare personnel hand washes.
(C) Preoperative skin preparations.
(D) Surgical scrubs.
* * * * *
Antistatic product--
(i) A product that is labeled to eliminate, prevent or inhibit the accumulation of static electricity.
(ii) The term does not include the following:
(A) Electronic cleaner.
(B) Floor polish or wax.
(C) Floor coating.
(D) Aerosol coating product.
(E) 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:
(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 the following:
(A) Automotive rubbing or polishing compounds.
(B) Automotive wash and wax products.
(C) Surfactant-containg car wash products.
(D) Products designed for use on unpainted surfaces such as bare metal, chrome, glass or plastic.
Automotive windshield washer fluid--
(i) 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.
(ii) The term does not include fluids placed by the manufacturer in a new vehicle.
Bathroom and tile cleaner--
(i) A product designed to clean tile or surfaces in bathrooms.
(ii) The term does not include products designed primarily to clean toilet bowls, toilet tanks or urinals.
Bug and tar remover--A product labeled 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--
(i) 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.
(ii) 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 products that make fabric protectant claims.
(ii) The term does not include the following:
(A) General purpose cleaner.
(B) Spot remover.
(C) Vinyl or leather cleaner.
(D) Dry cleaning fluids.
(E) Products designed 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--
(i) A combustible material designed to be applied on, incorporated in, added to or used with charcoal to enhance ignition.
(ii) The term does not include the following:
(A) Electrical starters and probes.
(B) Metallic cylinders using paper tinder.
(C) Natural gas.
(D) Propane.
(E) Fat wood.
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[Continued from previous Web Page] 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.
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 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 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:
(A) Detergents.
(B) Cleaning compounds.
(C) Polishes.
(D) Floor finishes.
(E) Cosmetics.
(F) Personal care products.
(G) Home, lawn and garden products.
(H) Disinfectants.
(I) Sanitizers.
(J) Aerosol paints.
(K) Automotive specialty products.
(L) Aerosol adhesives, including aerosol adhesives used for consumer, industrial or commercial uses.
* * * * *
Contact adhesive--
(i) An adhesive that:
(A) Is designed for application to both surfaces to be bonded together.
(B) Is allowed to dry before the two surfaces are placed in contact with each other.
(C) Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other.
(D) Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces.
(ii) The term does not include the following:
(A) Rubber cements that are primarily intended for use on paper substrates.
(B) Vulcanizing fluids that are designed and 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 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--
(i) The parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended.
(ii) 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--
(i) An insecticide product that is designed for use against ants, cockroaches or other household crawling arthropods, including mites, silverfish or spiders.
(ii) The term does not include products designed to be used exclusively on humans or animals, or house dust mite product. For the purposes of this definition only:
(A) House dust mite. Mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata and the family Pyroglyphidae.
(B) House dust mite product. A product whose label, packaging or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches or other household crawling arthropods.
* * * * *
Deodorant--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 by weight.
(ii) On or after January 1, 2009, a personal fragrance product with 20% or less fragrance by weight, that is designed for application all over the human body to provide a scent.
(iii) 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 humans and other than bacteria, viruses or other microorganisms on or in living humans or living animals).
(ii) The term does not include equipment used for the application of pesticides when sold separately.
Disinfectant--
(i) A product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi or viruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.A. §§ 136--136y).
(ii) The term does not include the following:
(A) Products designed solely for use on humans or animals.
(B) Products designed for agricultural use.
(C) Products designed solely for use in swimming pools, therapeutic tubs or hot tubs.
(D) Products which, as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners or metal polishes.
* * * * *
Dry cleaning fluid--
(i) A nonaqueous liquid product designed and labeled exclusively for use on:
(A) Fabrics which are labeled ''for dry clean only,'' such as clothing or drapery.
(B) ''S-coded'' fabrics.
(ii) The term includes 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--
(i) A product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating.
(ii) The term does not include pressurized gas duster.
Electrical cleaner--
(i) A product labeled to remove heavy soils like grease, grime or oil from electrical equipment, including electric motors, armatures, relays, electric panels and generators.
(ii) The term does not include the following:
(A) General purpose cleaner.
(B) General purpose degreaser.
(C) Dusting aid.
(D) Electronic cleaner.
(E) Energized electrical cleaner.
(F) Pressurized gas duster.
(G) Engine degreaser.
(H) Antistatic product.
(I) Products designed to clean the casings or housings of electrical equipment.
Electronic cleaner--
(i) A product labeled for the removal of dirt, moisture, dust, flux or oxides from the internal components of electronic or precision equipment, including circuit boards 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 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 the following types of records:
(i) Accurate records of direct retail or other outlet sales to the end user during the applicable compliance period.
(ii) Accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period, provided that a detailed method which can be used to verify data comprising the summaries is submitted by the responsible ACP party and approved by the Department.
(iii) Other accurate product sales records approved by the Department as meeting the criteria specified in this definition.
Engine degreaser--A cleaning product designed to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.
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--
(i) A product designed to be applied to fabric substrates to protect the surface from soiling by dirt and other impurities or to reduce absorption of liquid into the fabric's fibers.
(ii) The term does not include the following:
(A) Waterproofers.
(B) Products designed for use solely on leather.
(C) 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 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 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).
Facial cleaner or soap--A cleaner or soap designed primarily to clean the face.
(i) The term includes the following:
(A) Facial cleansing cream.
(B) Semisolid.
(C) Liquid.
(D) Lotion.
(E) Substrate-impregnated forms.
(ii) The term does not include the following:
(A) Prescription drug products.
(B) Antimicrobial hand or body cleaner or soap.
(C) Astringent/toner.
(D) General-use hand or body cleaner or soap.
(E) Medicated astringent/medicated toner.
(F) Rubbing alcohol.
* * * * *
Flea and tick insecticide--
(i) An insecticide product that is designed for use against fleas, ticks, their larvae or their eggs.
(ii) The term does not include products that are designed to be used exclusively on humans or animals and their bedding.
* * * * *
Floor and wall covering adhesive remover--A product designed or labeled to remove floor or wall covering and associated adhesive from the underlying substrate.
Floor coating--An opaque coating that is designed and 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--
(i) A wax, polish or other product designed to polish, protect or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished.
(ii) The term does not include the following:
(A) Spray buff products.
(B) Products designed solely for the purpose of cleanning floors.
(C) Floor finish strippers.
(D) Products designed for unfinished wood floors.
(E) Coatings subject to architectural coatings regulations in this chapter.
Floor seam sealer--A product designed and labeled exclusively for bonding, fusing or sealing (coating) seams between adjoining rolls of installed flexible sheet flooring.
Floor wax stripper--
(i) A product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax.
(ii) The term does not include the following:
(A) Aerosol floor wax stripper.
(B) Products designed to remove floor wax solely through abrasion.
Flying bug insecticide--An insecticide product that is designed for use against flying insects or other flying arthropods, including mosquitoes, moths or gnats.
(i) The term does not include the following:
(A) Wasp and hornet insecticide.
(B) Products that are designed to be used exclusively on humans or animals.
(C) A moth-proofing product.
(ii) For the purposes of this definition, ''moth-proofing product'' means a product whose label, packaging or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods.
Footwear or leather care product--
(i) A product designed 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 used 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 designed 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 for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors.
(ii) The term does not include the following:
(A) Dusting aids.
(B) Wood cleaner.
(C) Products designed solely for the purpose of cleaning.
(D) Products designed to leave a permanent finish, including stains, sanding sealers and lacquers.
Gasket adhesive or thread locking adhesive remover--
(i) A product designed or labeled to remove gasket or thread locking adhesives.
(ii) The term includes products labeled for dual use as a paint stripper and gasket adhesive remover or thread locking adhesive remover.
* * * * *
General purpose adhesive--
(i) A nonaerosol adhesive designed for use on a variety of substrates.
(ii) The term does not include the following:
(A) Contact adhesive.
(B) Construction, panel and floor covering adhesive.
(C) Adhesives designed exclusively for application on one specific category of substrates (that is, substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers or vinyls).
(D) Adhesives designed exclusively for use on one specific category of articles (that is, articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, weather-stripping or carpets).
(E) 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 designed or labeled to remove cyanoacrylate adhesives as well as nonreactive adhesives or residue from a variety of substrates.
(i) The term includes products that 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 for general all-purpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations.
(i) The term includes products designed for general floor cleaning or kitchen or countertop cleaning and cleaners designed to be used on a variety of hard surfaces.
(ii) The term does not include general purpose degreaser and electronic cleaner.
General purpose degreaser--A product 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 designed to clean miscellaneous metallic parts by immersion in a container.
General-use hand or body cleaner or soap--A cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils.
(i) The term includes the following:
(A) Hand or body washes.
(B) Dual-purpose shampoo-body cleaners.
(C) Shower or bath gels.
(D) Moisturizing cleaners or soaps.
(ii) The term does not include the following:
(A) Prescription drug products.
(B) Antimicrobial hand or body cleaner or soap.
(C) Astringent/toner.
(D) Facial cleaner or soap.
(E) Hand dishwashing detergent, including antimicrobial.
(F) Heavy-duty hand cleaner or soap.
(G) Medicated astringent/medicated toner.
(H) Rubbing alcohol.
Glass cleaner--
(i) A cleaning product designed primarily for cleaning surfaces made of glass.
(ii) 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 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 to facilitate styling of a coiffure and provide limited holding power.
Hair shine--A product designed for the primary purpose of creating a shine when applied to the hair.
(i) The term includes dual-use products designed primarily to impart a sheen to the hair.
(ii) The term does not include the following:
(A) Hair spray.
(B) Hair mousse.
(C) Hair styling product.
(D) Hair styling gel.
(E) Products whose primary purpose is to condition or hold the hair.
Hair spray--
(i) For products manufactured before January 1, 2009, a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time.
(ii) For products manufactured on or after January 1, 2009, a consumer product that is applied to styled hair, and is designed 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 designed 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 designed 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--
(i) A product designed to clean or remove difficult dirt and soils, 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.
(ii) The term does not include the following:
(A) Prescription drug products.
(B) Antimicrobial hand or body cleaner or soap.
(C) Astringent/toner.
(D) Facial cleaner or soap.
(E) General-use hand or body cleaner or soap.
(F) Medicated astringent/medicated toner.
(G) Rubbing alcohol.
Herbicide--A pesticide product designed to kill or retard a plant's growth, but excludes products that are:
(i) For agricultural use.
(ii) Restricted materials that require a permit for use and possession.
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.
Highest sales--The maximum 1-year gross Pennsylvania sales of the ACP product in the previous 5 years, if the responsible ACP party has failed to meet the requirements for reporting enforceable sales records (for a portion of the compliance period), as specified in the ACP agreement, or the current actual 1-year enforceable sales for the product, if the responsible ACP party has provided all required enforceable sales records (for the entire compliance period), as specified in the ACP agreement.
Highest VOC content--The maximum VOC content which the ACP product has contained in the previous 5 years, if the responsible ACP party has failed to meet the requirements for reporting VOC content data (for a portion of the compliance period), as specified in the ACP agreement, or the current actual VOC content, if the responsible ACP party has provided all required VOC content data (for the entire compliance period), as specified in the ACP agreement, expressed as a percentage by weight.
Household product--A consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings.
Insecticide--A pesticide product that is designed for use against insects or other arthropods, but excluding products that are:
(i) For agricultural use.
(ii) For a use which requires a structural pest control license under applicable laws or regulations of the Commonwealth.
(iii) Restricted materials that require a permit for use and possession.
Insecticide fogger--An insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application.
Institutional product or industrial and institutional (I&I) product--
(i) A consumer product that is designed for use in the maintenance or operation of an establishment that:
(A) Manufactures, transports or sells goods or commodities, or provides services for profit.
(B) Is engaged in the nonprofit promotion of a particular public, educational or charitable cause.
(ii) The term does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.
(iii) For the purposes of this definition, the term ''establishment'' includes the following:
(A) Government agencies.
(B) Factories.
(C) Schools.
(D) Hospitals.
(E) Sanitariums.
(F) Prisons.
(G) Restaurants.
(H) Hotels.
(I) Stores.
(J) Automobile service and parts centers.
(K) Health clubs.
(L) Theaters.
(M) Transportation companies.
LVP content or lower vapor pressure content--The total weight, in pounds, of LVP compounds in an ACP product multiplied by 100 and divided by the product's total net weight (in pounds, excluding container and packaging), expressed as a percentage to the nearest 0.1.
LVP-VOC or lower vapor pressure VOC--
(i) A chemical compound or mixture that contains at least one carbon atom and meets one of the following:
(A) Has a vapor pressure less than 0.1 mm Hg at 20° C, as determined by CARB Method 310.
(B) Is a chemical compound with more than 12 carbon atoms, or a chemical mixture comprised solely of compounds with more than 12 carbon atoms as verified by formulation data, and the vapor pressure and boiling point are unknown.
(C) Is a chemical compound with a boiling point greater than 216° C, as determined by CARB Method 310.
(D) Is the weight percent of a chemical mixture that boils above 216° C, as determined by CARB Method 310.
(ii) For the purposes of this definition, ''chemical compound'' means a molecule of definite chemical formula and isomeric structure, and ''chemical mixture'' means a substance comprised of two or more chemical compounds.
* * * * *
Laundry prewash--A product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness of laundry detergents or provides specialized performance, or both.
Laundry starch product--
(i) A product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and which may also act to help ease ironing of the fabric.
(ii) The term includes fabric finish, sizing and starch.
Lawn and garden insecticide--An insecticide product labeled primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithstanding the requirements of § 130.372 (relating to most restrictive limit), aerosol lawn and garden insecticides may claim to kill insects or other arthropods.
Liquid--
(i) A substance or mixture of substances that is capable of a visually detectable flow as determined under ASTM D-4359-90(2000)e1, including subsequent amendments.
(ii) The term does not include powders or other materials that are composed entirely of solid particles.
Lubricant--
(i) A product designed to reduce friction, heat, noise or wear between moving parts, or to loosen rusted or immovable parts or mechanisms.
(ii) The term does not include the following:
(A) Automotive power steering fluids.
(B) Products for use inside power generating motors, engines and turbines, and their associated power-transfer gearboxes.
(C) Two cycle oils or other products designed to be added to fuels.
(D) Products for use on the human body or animals.
(E) Products that are sold exclusively to establishments which manufacture or construct goods or commodities, and are labeled ''not for retail sale.''
* * * * *
Medicated astringent/medicated toner--A product regulated as a drug by the FDA which is applied to the skin for the purpose of cleaning or tightening pores.
(i) The term includes the following:
(A) Clarifiers.
(B) Substrate-impregnated products.
(ii) The term does not include the following:
(A) Hand, face or body cleaner or soap products.
(B) Astringent/toner.
(C) Cold cream.
(D) Lotion.
(E) Antiperspirants.
(F) Products that must be purchased with a doctor's prescription.
Metal polish/cleanser--A product designed primarily to improve the appearance of finished metal, metallic or metallized surfaces by physical or chemical action by removing or reducing stains, impurities or oxidation from surfaces or by making surfaces smooth and shiny.
(i) The term includes metal polishes used on:
(A) Brass.
(B) Silver.
(C) Chrome.
(D) Copper.
(E) Stainless steel.
(F) Ornamental metals.
(ii) The term does not include the following:
(A) Automotive wax, polish, sealant or glaze.
(B) Wheel cleaner.
(C) Paint remover or stripper.
(D) Products designed and labeled exclusively for automotive and marine detailing.
(E) Products designed for use in degreasing tanks.
* * * * *
Multipurpose dry lubricant--A lubricant which is:
(i) Designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide (moly) or polytetrafluoroethylene or closely related fluoropolymer (Teflon) on surfaces.
(ii) Designed for general purpose lubrication or for use in a wide variety of applications.
Multipurpose lubricant--
(i) A lubricant designed for general purpose lubrication or for use in a wide variety of applications.
(ii) The term does not include the following:
(A) Multipurpose dry lubricant.
(B) Penetrant.
(C) Silicone-based multipurpose lubricant.
Multipurpose solvent--An organic liquid designed to be used for a variety of purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving other organic materials.
(i) The term includes solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories.
(ii) The term does not include the following:
(A) Solvents used in:
(I) Cold cleaners.
(II) Vapor degreasers.
(III) Conveyorized degreasers.
(IV) Film cleaning machines.
(B) Solvents that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.
Nail polish--A clear or colored coating designed for application to the fingernails or toenails and including lacquers, enamels, acrylics, base coats and top coats.
Nail polish remover--A product designed to remove nail polish and coatings from fingernails or toenails.
* * * * *
Nonresilient flooring--Flooring of a mineral content that is not flexible, including the following:
(i) Terrazzo.
(ii) Marble.
(iii) Slate.
(iv) Granite.
(v) Brick.
(vi) Stone.
(vii) Ceramic tile.
(viii) Concrete.
* * * * *
Oven cleaner--A cleaning product designed to clean and to remove dried food deposits from oven walls.
Paint--A pigmented liquid or liquefiable or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.
Paint remover or stripper--
(i) A product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate.
(ii) The term does not include the following:
(A) Multipurpose solvent.
(B) Paint brush cleaners.
(C) Products designed and labeled exclusively as graffiti removers.
(D) Hand cleaner products that claim to remove paints and other related coatings from skin.
Penetrant--A lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation or other causes. The term does not include multipurpose lubricants that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts.
Pennsylvania sales--The sales (net pounds of product, less packaging and container, per year) in this Commonwealth for either the calendar year immediately prior to the year that the registration is due or, if that data is not available, a consecutive 12-month period commencing no earlier than 2 years prior to the due date of the registration. If direct sales data for this Commonwealth are not available, sales may be estimated by prorating National or regional sales data by population.
Personal fragrance product--A product which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor.
(i) The term includes the following:
(A) Cologne.
(B) Perfume.
(C) Aftershave.
(D) Toilet water.
(ii) The term does not include the following:
(A) Deodorant.
(B) Medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body.
(C) Mouthwashes, breath fresheners or deodorizers.
(D) Lotions, moisturizers, powders or other skin care products used primarily to alleviate skin conditions such as dryness and irritations.
(E) Products designed exclusively for use on human genitalia.
(F) Soaps, shampoos and products primarily used to clean the human body.
(G) Fragrance products designed to be used exclusively on animals.
Pesticide--
(i) A substance or mixture of substances labeled designed or intended for use in preventing, destroying, repelling or mitigating a pest, or a substance or mixture of substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator.
(ii) The term does not include a substance, mixture of substances or device which the EPA does not consider to be a pesticide.
Plasticizer--A material, such as a high boiling point organic solvent, that is incorporated into a plastic to increase its flexibility, workability or distensibility, and may be determined by using ASTM E260-91, including subsequent amendments, or from product formulation data.
Pre-ACP VOC content--The lowest VOC content of an ACP product between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Department based on either the data on the product obtained from the March 12, 1991, CARB Consumer Products Survey or other accurate records available to the Department, whichever yields the lowest VOC content for the product, expressed as a percentage.
Pressurized gas duster--
(i) A pressurized product labeled to remove dust from a surface solely by means of mass air or gas flow, including surfaces like photographs, photographic film negatives, computer keyboards and other types of surfaces that cannot be cleaned with solvents.
(ii) The term does not include dusting aids.
Principal display panel or panels--The parts of a label that are so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the principal display panel shall pertain to all of the principal display panels.
* * * * *
Product category--The applicable category that best describes the product as listed in this section and in § 130.211.
Product form--For the purposes of complying with § 130.391 (relating to required reporting of information to the Department), the applicable form which most accurately describes the product's dispensing form, as follows:
(i) A = Aerosol product.
(ii) S = Solid.
(iii) P = Pump spray.
(iv) L = Liquid.
(v) SS = Semisolid.
(vi) O = Other.
* * * * *
Rubber and vinyl protectant--
(i) A product designed to protect, preserve or renew vinyl, rubber and plastic on vehicles, tires, luggage, furniture and household products such as vinyl covers, clothing and accessories.
(ii) The term does not include products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing or protective substance on the tire.
* * * * *
Sealant and caulking compound--A product with adhesive properties that is designed to fill, seal, waterproof or weatherproof gaps or joints between two surfaces.
(i) The term does not include the following:
(A) Roof cements and roof sealants.
(B) Insulating foams.
(C) Removable caulking compounds.
(D) Clear/paintable/water resistant caulking compounds.
(E) Floor seam sealer.
(F) Products designed exclusively for automotive uses.
(G) Sealers that are applied as continuous coatings.
(H) Units of product, less packaging, which weigh more than 1 pound and consist of more than 16 fluid ounces.
(ii) For the purposes of this definition only:
(A) ''Removable caulking compounds'' means a compound which temporarily seals windows or doors for 3 to 6 month time intervals.
(B) ''Clear/paintable/water resistant caulking compounds'' means a compound which contains no appreciable level of opaque fillers or pigments; transmits most or all visible light through the caulk when cured; is paintable; and is immediately resistant to precipitation upon application.
* * * * *
Shaving cream--
(i) An aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial or other bodily hair.
(ii) The term does not include shaving gel.
Shaving gel--
(i) An aerosol product which dispenses a postfoaming semisolid designed to be used with a blade, cartridge razor or other shaving system in the removal of facial or other bodily hair.
(ii) The term does not include shaving cream.
Shortfall--
(i) The ACP emissions minus the ACP limit when the ACP emissions were greater than the ACP limit during a specified compliance period, expressed to the nearest pound of VOC.
(ii) The term does not include emissions occurring prior to the date that the ACP agreement is signed by the Department.
Silicone-based multipurpose lubricant--
(i) A lubricant which is:
(A) Designed and labeled to provide lubricity primarily through the use of silicone compounds, including polydimethylsiloxane.
(B) Designed and labeled for general purpose lubrication, or for use in a wide variety of applications.
(ii) The term does not include products designed and labeled exclusively to release manufactured products from molds.
* * * * *
Solid--A substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D-4359-90(2000)e1, including subsequent amendments.
Special purpose spray adhesive--An aerosol adhesive that meets one or more of the following definitions:
(i) Mounting adhesive. An aerosol adhesive designed to permanently mount photographs, artwork and other drawn or printed media to a backing (paper, board, cloth, and the like) without causing discoloration to the artwork.
(ii) Flexible vinyl adhesive. An aerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least 5%, by weight, of plasticizer content.
(iii) Polystyrene foam adhesive. An aerosol adhesive designed to bond polystyrene foam to substrates.
(iv) Automobile headliner adhesive. An aerosol adhesive designed to bond together layers in motor vehicle headliners.
(v) Polyolefin adhesive. An aerosol adhesive designed to bond polyolefins to substrates.
(vi) Laminate repair/edgebanding adhesive. An aerosol adhesive designed for:
(A) The touch-up or repair of items laminated with high pressure laminates (for example-lifted edges, delaminates, and the like).
(B) The touch-up, repair or attachment of edge banding materials, including other laminates, synthetic marble, veneers, wood molding and decorative metals.
(vii) Automotive engine compartment adhesive. An aerosol adhesive designed for use in motor vehicle under-the-hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures of 200--275° F.
Specialty adhesive remover--A product designed to remove reactive adhesives from a variety of substrates.
(i) Reactive adhesives include adhesives that require a hardener or catalyst for the bond to occur. Reactive adhesives include the following:
(A) Epoxies.
(B) Urethanes.
(C) Silicones.
(ii) The term does not include gasket adhesive remover or thread locking adhesive remover.
Spot remover--
(i) A product designed to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery and clothing, that does not require subsequent laundering to achieve stain removal.
(ii) The term does not include the following:
(A) Dry cleaning fluid.
(B) Laundry prewash.
(C) Multipurpose solvent.
Spray buff product--A product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.
* * * * *
Structural waterproof adhesive--An adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM-A-181D (Type 1, Grade A).
Surplus reduction--The ACP limit minus the ACP emissions when the ACP limit was greater than the ACP emissions during a given compliance period, expressed to the nearest pound of VOC. Except as provided in § 130.457 (relating to limited-use surplus reduction credits for early reformulations of ACP products), the term does not include emissions occurring prior to the date that the ACP agreement is signed by the Department.
* * * * *
TMHE--Total maximum historical emissions--The total VOC emissions from all ACP products for which the responsible ACP party has failed to submit the required VOC content or enforceable sales records. The TMHE shall be calculated for each ACP product during each portion of a compliance period for which the responsible ACP has failed to provide the required VOC content or enforceable sales records. The TMHE shall be expressed to the nearest pound and calculated according to the following calculation:
TMHE = (MHE)1 + (MHE)2 + . . . + (MHE)N where,
(i) MHE =
(Highest VOC content × Highest sales)
_________________ × Missing data days
100 × 365 (ii) 1, 2, . . . , N = each product in an ACP, up to the maximum N, for which the responsible ACP party has failed to submit the required enforceable sales or VOC content data as specified in the ACP agreement.
* * * * *
Tire sealant and inflation--A pressurized product that is designed to temporarily inflate and seal a leaking tire.
Toilet/urinal care product--A product designed to clean or to deodorize toilet bowls, toilet tanks or urinals.
(i) The term does not include the following:
(A) Bathroom and tile cleaner.
(B) General purpose cleaner.
(ii) For the purposes of this definition, the term ''toilet bowls, toilet tanks or urinals'' includes toilets or urinals connected to permanent plumbing in buildings and other structures, portable toilets or urinals placed at temporary or remote locations and toilets or urinals in vehicles like buses, recreational motor homes, boats, ships and aircraft.
* * * * *
Type B propellant--A halocarbon which is used as a propellant, including the following:
(i) Chlorofluorocarbons (CFCs).
(ii) Hydrochlorofluorocarbons (HCFCs).
(iii) Hydrofluorocarbons (HFCs).
Type C propellant--A propellant which is not a Type A or Type B propellant, including the following:
(i) Propane.
(ii) Isobutane.
(iii) N-butane.
(iv) Dimethyl ether (also known as dimethyl oxide).
Undercoating--
(i) An aerosol product designed to impart a protective, nonpaint layer to the undercarriage, trunk interior or firewall of motor vehicles to prevent the formation of rust or to deaden sound.
(ii) The term includes rubberized, mastic or asphaltic products.
* * * * *
Vinyl/fabric/leather/polycarbonate coating--A coating designed and labeled exclusively to coat vinyl, fabric, leather or polycarbonate substrates.
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.
VOC content--
(i) Except for charcoal lighter material products, the total weight of VOC in a product expressed as a percentage of the product weight (exclusive of the container or packaging), as determined under § 130.431 (relating to testing for compliance).
(ii) For charcoal lighter material products only,
(Certified emissions × 100) VOC content (percent) = ______
Certified use rate
Wasp and hornet insecticide--An insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects or their hiding place.
Waterproofer--
(i) A product designed and labeled exclusively to repel water from fabric or leather substrates.
(ii) The term does not include fabric protectant.
Wax--
(i) A material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high molecular weight polymers (plastics). The term includes the following:
(i) Substances derived from the secretions of plants and animals such as carnuba wax and beeswax.
(ii) Substances of a mineral origin such as ozocerite and paraffin.
(iii) Synthetic polymers such as polyethylene.
* * * * *
Wood cleaner--
(i) A product labeled to clean wooden materials including the following:
(A) Decking.
(B) Fences.
(C) Flooring.
(D) Logs.
(E) Cabinetry.
(F) Furniture.
(ii) The term does not include the following:
(A) Dusting aid.
(B) General purpose cleaner.
(C) Furniture maintenance product.
(D) Floor wax stripper.
(E) Floor polish or wax.
(F) Products designed and labeled exclusively to preserve or color wood.
Wood floor wax--Wax-based products for use solely on wood floors.
* * * * *
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[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.]
