[37 Pa.B. 5117]
[Saturday, September 15, 2007]

[Continued from previous Web Page]

   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 formulated or labeled 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] formulated or labeled for use against insects or other arthropods, but excluding products that are:

*      *      *      *      *

   Insecticide fogger--An insecticide product [designed] formulated or labeled 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] formulated or labeled for use in the maintenance or operation of an establishment that:

*      *      *      *      *

   (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)  [Establishments include, but are not limited to,] For the purposes of this definition, the term ''establishment'' includes the following:

*      *      *      *      *

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

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

   [Lower] LVP-VOC or lower vapor pressure [(LVP)-] VOC--

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

*      *      *      *      *

   (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 [is] and boiling point are unknown.

*      *      *      *      *

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

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

   Lawn and garden insecticide--An insecticide product [designed] formulated or 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--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. The term does not include powders or other materials that are composed entirely of solid particles.

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

*      *      *      *      *

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

   (iii)  Two cycle oils or other products [designed] formulated or labeled to be added to fuels.

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

*      *      *      *      *

   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[, but is not limited to, clarifiers and substrate-impregnated] the following:

   (A)  Clarifiers.

   (B)  Substrate-impregnated products.

   (ii)  The term does not include the following:

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

   [(ii)] (B)  Astringent/toner.

   [(iii)] (C)  Cold cream.

   [(iv)] (D)  Lotion.

   [(v)] (E)  Antiperspirants.

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

   Metal polish/cleanser--A product [designed] formulated or labeled 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[, but is not limited to,] metal polishes used on [brass, silver, chrome, copper, stainless steel and other ornamental]:

   (A)  Brass.

   (B)  Silver.

   (C)  Chrome.

   (D)  Copper.

   (E)  Stainless steel.

   (F)  Ornamental metals.

   (ii)  The term does not include the following:

   [(i)] (A)  Automotive wax, polish, sealant or glaze.

   [(ii)] (B)  Wheel cleaner.

   [(iii)] (C)  Paint remover or stripper.

   [(iv)] (D)  Products [designed and] formulated or labeled exclusively for automotive and marine detailing.

   [(v)] (E)  Products [designed] formulated or labeled for use in degreasing tanks.

*      *      *      *      *

   Multipurpose dry lubricant--A lubricant which is:

   (i)  [Designed and] Formulated or 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] Formulated or labeled for general purpose lubrication or for use in a wide variety of applications.

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

   (i)  Multipurpose dry [lubricants] lubricant.

   (ii)  [Penetrants] Penetrant.

   (iii)  Silicone-based multipurpose [lubricants] lubricant.

   Multipurpose solvent--An organic liquid [designed] formulated or labeled 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 [solvents] the following:

   (A)  Solvents used in:

   [(i)] (I)  Cold cleaners.

   [(ii)] (II)  Vapor degreasers.

   [(iii)] (III)  Conveyorized degreasers.

   [(iv)] (IV)  Film cleaning machines.

   [(v)] (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] formulated or labeled for application to the fingernails or toenails and including lacquers, enamels, acrylics, base coats and top coats.

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

*      *      *      *      *

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

*      *      *      *      *

   Oven cleaner--A cleaning product [designed] formulated or labeled to clean and to remove dried food deposits from oven walls.

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

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

   (i)  Multipurpose [solvents] solvent.

*      *      *      *      *

   (iii)  Products [designed and] formulated or labeled exclusively [to remove] as graffiti removers.

*      *      *      *      *

   Penetrant--A lubricant [designed and] formulated or labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation or other causes. The term does not include [multi-purpose] multipurpose lubricants that claim to have penetrating qualities, but are not formulated or 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 formulated or labeled 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 formulated or labeled exclusively for use on human genitalia.

   (F)  Soaps, shampoos and products formulated or labeled primarily to be used to clean the human body.

   (G)  Fragrance products formulated or labeled to be used exclusively on animals.

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

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

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

   Pre-ACP VOC [Content] 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--A pressurized product formulated or 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. The term does not include dusting aids.

   Principal display panel or panels--The parts of a label that [is] 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] formulated or labeled 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 formulated or labeled 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] formulated or labeled to fill, seal, waterproof or weatherproof gaps or joints between two surfaces.

   (i)  The term does not include the following:

*      *      *      *      *

   (E)  Floor seam [sealers] sealer.

   (F)  Products [designed] formulated or labeled exclusively for automotive uses.

*      *      *      *      *

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

   [(iii)] (ii)  For the purposes of this definition only:

*      *      *      *      *

   Shaving cream---An aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial or other bodily hair. The term does not include shaving gel.

   Shaving gel--An aerosol product which dispenses a post-foaming semisolid designed to be used with a blade, cartridge razor or other shaving system in the removal of facial or other bodily hair. The term does not include shaving cream.

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

   Silicone-based multipurpose lubricant--

   (i)  A lubricant which is:

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

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

   (ii)  The term does not include products [designed and] formulated or 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--

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

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

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

   (C)  Polystyrene foam adhesive. An aerosol adhesive [designed] formulated or labeled to bond polystyrene foam to substrates.

   (D)  Automobile headliner adhesive. An aerosol adhesive [designed] formulated or labeled to bond together layers in motor vehicle headliners.

   (E)  Polyolefin adhesive. An aerosol adhesive [designed] formulated or labeled to bond polyolefins to substrates.

   (F)  Laminate repair/edgebanding adhesive. An aerosol adhesive [designed] formulated or labeled for:

*      *      *      *      *

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

   (H)] Automotive engine compartment adhesive. An aerosol adhesive [designed] formulated or labeled 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 formulated or labeled 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--A product [designed] formulated or labeled to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery and clothing, that does not require subsequent laundering to achieve stain removal. The term does not include the following:

*      *      *      *      *

   (iii)  [Carpet and upholstery cleaner.

   (iv)]  Multipurpose solvent.

   Spray buff product--A product [designed] formulated or labeled 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) [and MIL-A-4605 (Type A, Grade A and Grade C). This definition is as per the Federal Consumer Products Regulation in 40 CFR 59 Subpart C].

   Surplus reduction--The ACP limit minus the ACP emissions when the ACP [Limit] 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] content × Highest [Sales] sales)                                             
  × Missing [Data Days] data days
___________________________                                          
100 × 365                                    

   

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

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

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

(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 [approving an ACP].

*      *      *      *      *

   Tire sealant and inflation--A pressurized product that is [designed] formulated or labeled to temporarily inflate and seal a leaking tire.

   Toilet/urinal care product--A product formulated or labeled to clean or to deodorize toilet bowls, toilet tanks or urinals.

   (i)  The term ''toilet/urinal care product'' 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 such as buses, recreational motor homes, boats, ships and aircraft.

*      *      *      *      *

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

*      *      *      *      *

   Type C propellant--A propellant which is not a Type A or Type B propellant, including [propane, isobutane, n-butane and dimethyl] the following:

   (i)  Propane.

   (ii)  Isobutane.

   (iii)  N-butane.

   (iv)  Dimethyl ether (also known as dimethyl oxide).

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

*      *      *      *      *

   Vinyl/fabric/leather/polycarbonate coating--A coat-ing formulated or labeled exclusively to coat vinyl, fabric, leather or polycarbonate substrates.

   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).

   VOC [Content] content (percent)  = 
                        (Certified [Emissions] emissions × 100)
                        _________________

                           Certified [Use Rate] use rate

[Certified Emissions = the emissions level for products approved by the Department under § 130.214, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991), expressed to the nearest 0.001 pound CH₂ per start.

Certified Use Rate = the usage level for products approved by the Department under § 130.214, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991), expressed to the nearest 0.001 pound certified product used per start.]

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

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

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

*      *      *      *      *

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

   (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 formulated or labeled exclusively to preserve or color wood.

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

*      *      *      *      *

STANDARDS

§ 130.211. Table of standards.

   Except as provided in §§ 130.331--[130.337] 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 [January 1, 2005,] 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)

	Effective Date	Effective Date
Product Category	1/1/2005	1/1/2009
[Adhesives] Adhesive
Aerosol:
Mist Spray	65
Web Spray	55
Special Purpose Spray [Adhesives] 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
[Construction, Panel and        Floor Covering	15]
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 [Fresheners] Freshener
Single-Phase [Aerosols]      Aerosol	30
Double-Phase [Aerosols]      Aerosol	25
[Liquids] Liquid/Pump      [Sprays] Spray	18
Solids /Semisolid [Gels]	3
[Antiperspirants]    Antiperspirant
Aerosol	40 HVOC 10 MVOC
Nonaerosol	0 HVOC 0 MVOC
Antistatic Product
Nonaerosol		11
Automotive Brake [Cleaners]      Cleaner	45
Automotive Rubbing or Polishing      Compound	17
Automotive Wax, Polish, Sealant      or Glaze
Hard Paste [Waxes] Wax	45
Instant [Detailers] Detailer	3
All Other Forms	15
Automotive Windshield Washer      Fluids	35
Bathroom and Tile [Cleaners]      Cleaner
[Aerosols] Aerosol	7
All Other Forms	5
Bug and Tar Remover	40
Carburetor or Fuel-Injection Air        Intake [Cleaners] Cleaner	45
Carpet and Upholstery        [Cleaners] Cleaner
[Aerosols] Aerosol	7
[Nonaerosols] Nonaerosol          (Dilutables)	0.1
[Nonaerosols] Nonaerosol          (Ready-to-Use)	3.0
Charcoal Lighter Material	See § 130.214
[Cooking Spray Aerosols	18]
[Deodorants] Deodorant
Aerosol	0 HVOC 10 MVOC
Nonaerosol	0 HVOC 0 MVOC
Dusting [Aids] Aid
[Aerosols] Aerosol	25
All Other Forms	7
Electrical Cleaner		45
Electronic Cleaner		75
Engine [Degreasers]        Degreaser
Aerosol	35
Nonaerosol	4
Fabric [Protectants]        Protectant	60
Fabric Refresher
Aerosol		15
Nonaerosol		6
Floor [Polishes/Waxes]        Polish or Wax
Products for Flexible Flooring          [Materials] Material	7
Products for Nonresilient          Flooring	10
Wood Floor Wax	90
Floor Wax [Strippers]        Stripper
Nonaerosol	See § 130.216
Footwear or Leather Care        Product
Aerosol		75
All Other Forms		15
Solid		55
Furniture Maintenance        [Products] Product
[Aerosols] Aerosol	17
All Other Forms Except Solid          or Paste	7
General Purpose [Cleaners]        Cleaner
[Aerosols] Aerosol	10
[Nonaerosols] Nonaerosol	4
General Purpose        [Degreasers] Degreaser
[Aerosols] Aerosol	50
[Nonaerosols] Nonaerosol	4
Glass [Cleaners] Cleaner
[Aerosols] Aerosol	12
[Nonaerosols] Nonaerosol	4
Graffiti Remover
Aerosol		50
Nonaerosol		30
Hair [Mousses] Mousse	6
[Hairshines] Hair Shine	55
[Hairsprays] Hair Spray	55
Hair Styling [Gels] Gel	6
Hair Styling Product
Aerosol and Pump Spray		6
All Other Forms		2
Heavy-Duty Hand Cleaner or          Soap	8
[Insecticides] Insecticide
Crawling Bug (Aerosol)	15
Crawling Bug ([all other        forms] All Other Forms)	20
Flea and Tick	25
Flying Bug (Aerosol)	25
Flying Bug ([all other          forms] All Other Forms)	35
[Foggers] Fogger	45
Lawn and Garden ([all other          forms] All Other Forms)	20
Lawn and Garden          (Nonaerosol)	3
Wasp and Hornet	40
Laundry Prewash
[Aerosols/Solids]        Aerosol/Solid	22
All Other Forms	5
Laundry Starch [Products]        Product	5
Metal [Polishes/Cleansers]        Polish/Cleanser	30
Multipurpose Lubricant        (Excluding Solid or Semisolid        Products)	50
Nail Polish Remover	75
Nonselective Terrestrial        Herbicide
[Nonaerosols] Nonaerosol	3
Oven [Cleaners] Cleaner
[Aerosols] Aerosol/Pump          [Sprays] Spray	8
[Liquids] Liquid	5
Paint Remover or [Strippers]        Stripper	50
[Penetrants] Penetrant	50
Rubber and Vinyl        [Protectants] Protectant
Aerosol	10
[Nonaerosols] Nonaerosol	3
[Aerosols	10]
[Sealants] Sealant and        Caulking [Compounds]        Compound	4
Shaving [Creams] Cream	5
Shaving Gel		7
Silicone-Based Multipurpose     [Lubricants] Lubricant	60
(Excluding Solid or Semisolid        Products)
Spot [Removers] Remover
[Aerosols] Aerosol	25
[Nonaerosols] Nonaerosol	8
Tire [Sealants] Sealant and        [Inflators] Inflation	20
Toilet/Urinal Care
Aerosol		10
Nonaerosol		3
[Undercoatings]        Undercoating
[Aerosols] 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 [materials] material products.

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

*      *      *      *      *

   (2)  Certification requirements.

   (i)  A charcoal lighter material product formulation will not be certified under this subsection unless the applicant for certification demonstrates to the Department's satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter material 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).

*      *      *      *      *

§ 130.215.  Requirements for aerosol adhesives.

   

   (a)  As specified in CCR Section 41712(h)(2), the standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial and commercial uses. Except as otherwise provided in §§ 130.331--[130.337] 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 [one or more of the definitions specified] 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 [§ 130.202] 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.''

*      *      *      *      *

§ 130.217. Sell-through of products.

   (a)  Sell-through period. Notwithstanding the provisions of § 130.211 (relating to table of standards) or § 130.215 (relating to 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.

*      *      *      *      *

   (b)  This subchapter does not apply to a [manufacturer or distributor who sells, supplies or offers for sale in this Commonwealth 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 [reasonable] reasonably prudent precautions to assure that the noncomplying consumer product is not distributed in this Commonwealth.

§ 130.332. Antiperspirants and deodorants.

*      *      *      *      *

   (b)  The VOC limits specified in § 130.211 [do not apply to fragrances up to a combined level of 2% by weight contained in a consumer product and] do not apply to colorants up to a combined level of 2% by weight contained in an antiperspirant or deodorant.

*      *      *      *      *

§ 130.334. Products registered under FIFRA.

   The requirements of § 130.371 (relating to [code-dating] 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).

§ 130.335. Air fresheners.

   (a)  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 [under § 130.202 (relating to definitions)] or exempted under [this section] § 130.333 (relating to LVP-VOC).

   (b)  The VOC limits specified in § 130.211 do not apply to [air fresheners and] insecticides containing at least 98% paradichlorobenzene.

§ 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.  [Code-dating] Product dating.

   (a)  [Code-dating] Product dating requirements.

   (1)  Each manufacturer of a consumer product subject to §§ 130.211--[130.216] 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 code required by this section must be displayed on each consumer product container or package no later than 12 months prior to the effective date of the applicable standard specified in § 130.211 (relating to table of standards).

   (4)  The date or date-code information [shall] 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. [This date or code shall be displayed on each consumer product container or package no later than January 1, 2004.]

   (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 [no] either of the following:

   (i)  No VOCs [as defined in § 130.202 (relating to definitions), or containing].

   (ii)  VOCs at 0.10% by weight or less.

   (b)  [Explanation of code] Additional product dating requirements.

   (1)  If a manufacturer uses a code indicating the date of manufacture for a consumer product subject to §§ 130.211--[130.216] 130.217, an explanation of the date portion of the code [shall] must be filed with the Department no later than 12 months prior to the effective date of the applicable standard specified in § 130.211.

   (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 [as], 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)  [This] The requirement of paragraph (1) does not apply to general purpose cleaners [and], 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 [adhesives] 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 [January 1, 2005] the applicable effective date for the category specified in § 130.211 (relating to table of standards):

   (1)  The [aerosol adhesive] product category as specified in § 130.211 [(relating to table of standards)] 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).

*      *      *      *      *

   (b)  The information required in § 130.371(a) (relating to [code-dating] 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--[130.216] 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:

*      *      *      *      *

   (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--[130.216] 130.217 is necessary.

   (2)  Under what conditions a variance from the requirements in §§ 130.211--[130.216] 130.217 is necessary.

   (3)  To what extent a variance from the requirements in §§ 130.211--[130.216] 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--[130.216] 130.217 would result in extraordinary economic hardship.

*      *      *      *      *

§ 130.412.  Variance orders.

   A variance order will specify a final compliance date by which the requirements of §§ 130.211--[130.216] 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--[130.216] 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 [September 3, 1999] 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:

*      *      *      *      *

   (ii)  For the purposes of this section, the VOC content (expressed as a percentage) shall be calculated according to the following equation:

   VOC [Content] 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--[130.337] 130.338, 130.351 and 130.352 per unit

*      *      *      *      *

   (b)  Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90 [(May 25, 1990)] (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 materials products shall be performed using ASTM D86-[90]04b, [(September 28, 1990)] including subsequent amendments.

*      *      *      *      *

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] 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.

*      *      *      *      *

§ 130.454.  Application for an ACP.

   (a)  Manufacturers of consumer products that have been granted an ACP agreement 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.

*      *      *      *      *

   (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 [shall] 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 [approving an ACP]. The length of the compliance period chosen by the responsible ACP party may be no longer than 365 days.

*      *      *      *      *

§ 130.455.  Recordkeeping and availability of requested information.

   (a)  Information specified in the ACP agreement [approving an ACP] shall be maintained by the responsible ACP party for at least 3 years after the records are generated. The records shall be clearly legible and maintained in good condition during this period.

*      *      *      *      *

§ 130.457.  Limited-use surplus reduction credits for early reformulations of ACP products.

*      *      *      *      *

   (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] sales × 
                                             ((VOC [Content] content)_initial - (VOC [Content] content)_final)
                                             ___________________________
                                             100

where,

SR = surplus reductions for the ACP product, expressed to the nearest pound

   [Enforceable Sales = the enforceable sales for the early reformulated ACP product, expressed to the nearest pound of ACP product,]

VOC [Content] content_initial = 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 [Content] content_final = the VOC [Content] 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 [approving an ACP], and may not be used for another purpose.

*      *      *      *      *

§ 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 [approving the ACP]. 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 [approving the ACP], 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 [approving the ACP].

   (d)  The requirements specified in the ACP agreement [approving an ACP], 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 [approving the ACP]. 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:

*      *      *      *      *

   (3)  The ACP emissions are exceeding the ACP [Limit] limit specified in the ACP agreement.

*      *      *      *      *

   (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 [approving an ACP] to reflect the modified ACP VOC standards as of its effective date.

§ 130.465.  Other applicable requirements.

*      *      *      *      *

   A reasonable ACP party may transfer an ACP to another responsible ACP party, provided that the following conditions are met:

   (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 [approving the ACP] 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 [a hearing] 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 the 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 [hearing] three public hearings in [a local newspaper of general circulation and] the Pennsylvania Bulletin [not less than] at least 30 days prior to the [hearing] hearings.

   [(c)  ] (d)  At least 30 days prior to the [hearing] hearings, the Department will make available [the] to the public the following:

   (1)  The application for the variance or ACP [and the] 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.

[Pa.B. Doc. No. 07-1752. Filed for public inspection September 14, 2007, 9:00 a.m.]

   

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