Proposed Text
Article 39
Emission Standards for Asphalt Paving Operations (Rule 4-39)
9VAC5-40-5490. Applicability and designation of affected
facility. (Repealed.)
A. The affected facility to which the provisions of this
article apply is each asphalt paving operation.
B. The provisions of this article apply only to sources of
volatile organic compounds in volatile organic compound emissions control areas
designated in 9VAC5-20-206.
9VAC5-40-5500. Definitions. (Repealed.)
A. For the purpose of these regulations and subsequent
amendments or any orders issued by the board, the words or terms shall have the
meanings given them in subsection C of this section.
B. As used in this article, all terms not defined here
shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10-10 et seq.),
unless otherwise required by context.
C. Terms defined.
"Asphalt" means a dark-brown to black
cementitious material (solid, semisolid, or liquid in consistency) in which the
predominating constituents are bitumens which occur in nature as such or which
are obtained as residue in refining petroleum.
"Cutback asphalt" means asphalt cement which has
been liquefied by blending with petroleum solvents (diluents). Upon exposure to
atmospheric conditions the diluents evaporate, leaving the asphalt cement to
perform its function.
"Emulsified asphalt" means an emulsion of asphalt
cement and water which contains a small amount of an emulsifying agent; a
heterogeneous system containing two normally immiscible phases (asphalt and
water) in which the water forms the continuous phase of the emulsion, and
minute globules of asphalt form the discontinuous phase.
"Penetrating prime coat" means an application of
low-viscosity liquid asphalt to an absorbent surface. It is used to prepare an
untreated base for an asphalt surface. The prime penetrates the base and fills
the surface voids, hardens the top, and helps bind it to the overlying asphalt
course. It also reduces the necessity of maintaining an untreated base course
prior to placing the asphalt pavement.
9VAC5-40-5510. Standard for volatile organic compounds. (Repealed.)
A. No owner or other person shall cause or permit the
manufacture, mixing, storage, use or application of liquefied asphalt for
paving operations unless such asphalt is of the emulsified asphalt type.
B. Regardless of the provisions of subsection A of this
section, the manufacture, mixing, storage, use or application of cutback
asphalt is permitted under any of the following circumstances:
1. When stockpile storage greater than one month is
necessary;
2. When use or application during the months of November
through March is necessary;
3. When use or application as a penetrating prime coat or
tack coat is necessary; or
4. When the user can demonstrate that there are no volatile
organic compound emissions from the asphalt under conditions of normal use.
C. The provisions of subsection A of this section do not
preclude the manufacture, mixing, storage, use or application of heated asphalt
cement as a component in asphaltic concrete mixing or for priming in surface
treatment.
D. Notwithstanding the provisions of subsection A of this
section, the manufacture, mixing, storage, use or application of emulsified
asphalt containing volatile organic compounds is permitted provided the annual
average of volatile organic compound content for all emulsified asphalts used
does not exceed 6% of volatile organic compounds by volume.
9VAC5-40-5520. Standard for visible emissions. (Repealed.)
The provisions of Article 1 (9VAC5-40-60 et seq.) of this
chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions,
Rule 4-1) apply.
9VAC5-40-5530. Standard for fugitive dust/emissions. (Repealed.)
The provisions of Article 1 (9VAC5-40-60 et seq.) of this
chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions,
Rule 4-1) apply.
9VAC5-40-5540. Standard for odor. (Repealed.)
The provisions of Article 2 (9VAC5-40-130 et seq.) of this
chapter (Emission Standards for Odor, Rule 4-2) apply.
9VAC5-40-5550. Standard for toxic pollutants. (Repealed.)
The provisions of Article 3 (9VAC5-40-160 et seq.) of this
chapter (Emission Standards for Toxic Pollutants, Rule 4-3) apply.
9VAC5-40-5560. Compliance. (Repealed.)
The provisions of 9VAC5-40-20 (Compliance) apply.
9VAC5-40-5570. Test methods and procedures. (Repealed.)
The provisions of 9VAC5-40-30 (Emission Testing) apply.
9VAC5-40-5580. Monitoring. (Repealed.)
The provisions of 9VAC5-40-40 (Monitoring) apply.
9VAC5-40-5590. Notification, records and reporting. (Repealed.)
The provisions of 9VAC5-40-50 (Notification, Records and
Reporting) apply.
Article 42
Emission Standards for Portable Fuel Container Spillage (Rule 4-42)
9VAC5-40-5700. Applicability. (Repealed.)
A. Except as provided in subsections C through H of this
section, the provisions of this article apply to any person who sells, supplies,
offers for sale, or manufactures for sale portable fuel containers or spouts.
B. The provisions of this article apply only to sources and
persons in the Northern Virginia and Fredericksburg Volatile Organic Compound
Emissions Control Areas designated in 9VAC5-20-206.
C. The provisions of this article do not apply to any
portable fuel container or spout manufactured for shipment, sale, and use
outside of the Northern Virginia and Fredericksburg Volatile Organic Compound
Emissions Control Areas.
D. This article does not apply to a manufacturer or
distributor who sells, supplies, or offers for sale a portable fuel container
or spout that does not comply with the emission standards specified in
9VAC5-40-5720, as long as the manufacturer or distributor can demonstrate that:
(i) the portable fuel container or spout is intended for shipment and use
outside of the Northern Virginia and Fredericksburg Volatile Organic Compound
Emissions Control Areas; and (ii) that the manufacturer or distributor has taken
reasonable prudent precautions to assure that the portable fuel container or
spout is not distributed within the Northern Virginia and Fredericksburg
Volatile Organic Compound Emissions Control Areas. This subsection does not
apply to portable fuel containers or spouts that are sold, supplied, or offered
for sale to retail outlets.
E. This article does not apply to safety cans meeting the
requirements of 29 CFR Part 1926 Subpart F.
F. This article does not apply to portable fuel containers
with a nominal capacity less than or equal to one quart.
G. This article does not apply to rapid refueling devices
with nominal capacities greater than or equal to four gallons, provided such
devices are designed either (i) to be used in officially sanctioned off-highway
motorcycle competitions, (ii) to create a leak-proof seal against a stock
target fuel tank, or (iii) to operate in conjunction with a receiver
permanently installed on the target fuel tank.
H. This article does not apply to portable fuel tanks
manufactured specifically to deliver fuel through a hose attached between the
portable fuel tank and the outboard engine for the purpose of operating the
outboard engine.
I. For purposes of this article, the terms
"supply" or "supplied" do not include internal transactions
within a business or governmental entity. These terms only apply to
transactions between manufacturers/commercial distributors that sell, or
otherwise provide, products to business/governmental entities/individuals.
9VAC5-40-5710. Definitions. (Repealed.)
A. For the purpose of applying this article in the context
of the Regulations for the Control and Abatement of Air Pollution and related
uses, the words or terms shall have the meanings given them in subsection C of this
section.
B. As used in this article, all terms not defined herein
shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10), unless
otherwise required by context.
C. Terms defined.
"ASTM" means the American Society for Testing and
Materials.
"Consumer" means any person who purchases or
otherwise acquires a new portable fuel container or spout for personal, family,
household, or institutional use. Persons acquiring a portable fuel container or
spout for resale are not "consumers" for that product.
"Distributor" means any person to whom a portable
fuel container or spout is sold or supplied for the purpose of resale or
distribution in commerce. This term does not include manufacturers, retailers,
and consumers.
"Fuel" means all motor fuels subject to any
provision of Chapter 12 (§ 59.1-149 et seq.) of Title 59.1 of the Code of
Virginia.
"Manufacturer" means any person who imports,
manufactures, assembles, produces, packages, repackages, or relabels a portable
fuel container or spout.
"Nominal capacity" means the volume indicated by
the manufacturer that represents the maximum recommended filling level.
"Outboard engine" means a spark-ignition marine
engine that, when properly mounted on a marine watercraft in the position to
operate, houses the engine and drive unit external to the hull of the marine
watercraft.
"Permeation" means the process by which
individual fuel molecules may penetrate the walls and various assembly
components of a portable fuel container directly to the outside ambient air.
"Portable fuel container" means any container or
vessel with a nominal capacity of 10 gallons or less intended for reuse that is
designed or used primarily for receiving, transporting, storing, and dispensing
fuel.
"Product category" means the applicable category
that best describes the product with respect to its nominal capacity, material
construction, fuel flow rate, and permeation rate, as applicable, as determined
by the board.
"Retailer" means any person who owns, leases,
operates, controls, or supervises a retail outlet.
"Retail outlet" means any establishment at which
portable fuel containers or spouts are sold, supplied, or offered for sale.
"Spill-proof spout" means any spout that complies
with the standards specified in 9VAC5-40-5720 B.
"Spill-proof system" means any configuration of
portable fuel container and firmly attached spout that complies with the
standards in 9VAC5-40-5720 A.
"Spout" means any device that can be firmly
attached to a portable fuel container and through which the contents of the
container may be poured.
"Target fuel tank" means any receptacle that
receives fuel from a portable fuel container.
9VAC5-40-5720. Standard for volatile organic compounds. (Repealed.)
A. No person shall sell, supply, offer for sale, or
manufacture for sale any portable fuel container that at the time of sale or
manufacture does not meet all of the following standards for spill-proof
systems:
1. Has an automatic shut-off that stops the fuel flow before
the target fuel tank overflows.
2. Automatically closes and seals when removed from the
target fuel tank and remains completely closed when not dispensing fuel.
3. Has only one opening for both filling and pouring.
4. Provides a fuel flow rate and fill level of:
a. Not less than one-half gallon per minute for portable
fuel containers with a nominal capacity of:
(1) Less than or equal to 1.5 gallons and fills to a level
less than or equal to one inch below the top of the target fuel tank opening;
or
(2) Greater than 1.5 gallons but less than or equal to 2.5
gallons and fills to a level less than or equal to one inch below the top of
the target fuel tank opening if the spill-proof system clearly displays the
phrase "Low Flow Rate" in type of 34 point or greater on each
spill-proof system or label affixed thereto and on the accompanying package, if
any; or
b. Not less than one gallon per minute for portable fuel
containers with a nominal capacity greater than 1.5 gallons but less than or
equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches
below the top of the target fuel tank opening; or
c. Not less than two gallons per minute for portable fuel
containers with a nominal capacity greater than 2.5 gallons.
5. Does not exceed a permeation rate of 0.4 grams per gallon
per day.
6. Is warranted by the manufacturer for a period of not less
than one year against defects in materials and workmanship.
B. No person shall sell, supply, offer for sale, or
manufacture for sale any spout that at the time of sale or manufacture does not
meet all of the following standards for spill-proof spouts:
1. Has an automatic shut-off that stops the fuel flow before
the target fuel tank overflows.
2. Automatically closes and seals when removed from the
target fuel tank and remains completely closed when not dispensing fuel.
3. Provides a fuel flow rate and fill level of:
a. Not less than one-half gallon per minute for portable
fuel containers with a nominal capacity of:
(1) Less than or equal to 1.5 gallons and fills to a level
less than or equal to one inch below the top of the target fuel tank opening;
or
(2) Greater than 1.5 gallons but less than or equal to 2.5
gallons and fills to a level less than or equal to one inch below the top of
the target fuel tank opening if the spill-proof spout clearly displays the
phrase "Low Flow Rate" in type of 34 point or greater on the accompanying
package, or for spill-proof spouts sold without packaging, on either the
spill-proof spout or a label affixed thereto; or
b. Not less than one gallon per minute for portable fuel
containers with a nominal capacity greater than 1.5 gallons but less than or
equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches
below the top of the target fuel tank opening; or
c. Not less than two gallons per minute for portable fuel
containers with a nominal capacity greater than 2.5 gallons.
4. Is warranted by the manufacturer for a period of not less
than one year against defects in materials and workmanship.
C. The test procedures for determining compliance with the
standards in this section are set forth in 9VAC5-40-5760. The manufacturer of
portable fuel containers or spouts shall perform the tests for determining
compliance as set forth in 9VAC5-40-5760 to show that its product meets the
standards of this section prior to allowing the product to be offered for sale.
The manufacturer shall maintain records of these compliance tests for as long
as the product is available for sale and shall make those test results
available within 60 days of request.
D. Compliance with the standards in this section does not
exempt spill-proof systems or spill-proof spouts from compliance with other
applicable federal and state statutes and regulations such as state fire codes,
safety codes, and other safety regulations, nor will the board test for or
determine compliance with such other statutes or regulations.
E. Notwithstanding the provisions of subsections A and B of
this section, a portable fuel container or spout manufactured before the
applicable compliance date specified in 9VAC5-40-5750 A, may be sold, supplied,
or offered for sale after the applicable compliance date, if the date of
manufacture or a date code representing the date of manufacture is clearly
displayed on the portable fuel container or spout.
9VAC5-40-5730. Administrative requirements. (Repealed.)
A. Each manufacturer of a portable fuel container subject
to and complying with 9VAC5-40-5720 A shall clearly display on each spill-proof
system:
1. The phrase "Spill-Proof System";
2. A date of manufacture or representative date; and
3. A representative code identifying the portable fuel
container as subject to and complying with 9VAC5-40-5720 A.
B. Each manufacturer of a spout subject to and complying
with 9VAC5-40-5720 B shall clearly display on the accompanying package, or for
spill-proof spouts sold without packaging on either the spill-proof spout or a
label affixed thereto:
1. The phrase "Spill-Proof Spout";
2. A date of manufacture or representative date; and
3. A representative code identifying the spout as subject to
and complying with 9VAC5-40-5720 B.
C. Each manufacturer subject to subsection A or B of this
section shall file an explanation of both the date code and representative code
with the board no later than the later of three months after the effective date
of this article or within three months of production, and within three months
after any change in coding.
D. Each manufacturer subject to subsection A or B of this
section shall clearly display a fuel flow rate on each spill-proof system or
spill-proof spout, or label affixed thereto, and on any accompanying package.
E. Each manufacturer of a spout subject to subsection B of
this section shall clearly display the make, model number, and size of those
portable fuel containers the spout is designed to accommodate and for which the
manufacturer can demonstrate the container's compliance with 9VAC5-40-5720 A on
the accompanying package, or for spill-proof spouts sold without packaging on
either the spill-proof spout or a label affixed thereto.
F. Manufacturers of portable fuel containers not subject to
or not in compliance with 9VAC5-40-5720 may not display the phrase
"Spill-Proof System" or "Spill-Proof Spout" on the portable
fuel container or spout or on any sticker or label affixed thereto or on any
accompanying package.
G. Each manufacturer of a portable fuel container or spout
subject to and complying with 9VAC5-40-5720 that due to its design or other
features cannot be used to refuel on-road motor vehicles shall clearly display
the phrase "Not Intended For Refueling On-Road Motor Vehicles" in
type of 34 point or greater on each of the following:
1. For a portable fuel container sold as a spill-proof
system, on the system or on a label affixed thereto, and on the accompanying
package, if any; and
2. For a spill-proof spout sold separately from a
spill-proof system, on either the spill-proof spout, or a label affixed
thereto, and on the accompanying package, if any.
9VAC5-40-5740. Compliance. (Repealed.)
The provisions of subsections B, D, F, and J of 9VAC5-40-20
(Compliance) apply. The other provisions of 9VAC5-40-20 do not apply.
9VAC5-40-5750. Compliance schedules. (Repealed.)
A. Affected persons shall comply with the provisions of
this article as expeditiously as possible but in no case later than:
1. January 1, 2005, in the Northern Virginia VOC Emissions
Control Area; or
2. January 1, 2008, in the Fredericksburg VOC Emissions
Control Area.
B. Any person who cannot comply with the provisions of this
article by the date specified in subsection A of this section, due to
extraordinary reasons beyond that person's reasonable control, may apply in
writing to the board for a waiver. The waiver application shall set forth:
1. The specific grounds upon which the waiver is sought;
2. The proposed date by which compliance with the provisions
of this article will be achieved; and
3. A compliance report detailing the methods by which
compliance will be achieved.
C. No waiver may be granted unless all of the following
findings are made:
1. That, due to reasons beyond the reasonable control of the
applicant, required compliance with this article would result in extraordinary
economic hardship;
2. That the public interest in mitigating the extraordinary
hardship to the applicant by issuing the waiver outweighs the public interest
in avoiding any increased emissions of air contaminants that would result from
issuing the waiver; and
3. That the compliance report proposed by the applicant can
reasonably be implemented and shall achieve compliance as expeditiously as
possible.
D. Any approval of a waiver shall specify a final
compliance date by which compliance with the requirements of this article shall
be achieved. Any approval of a waiver shall contain a condition that specifies
the increments of progress necessary to assure timely compliance and such other
conditions that the board finds necessary to carry out the purposes of this
article.
E. A waiver shall cease to be effective upon the failure of
the party to whom the waiver was granted to comply with any term or condition
of the waiver.
F. Upon the application of any person, the board may
review, and for good cause, modify or revoke a waiver from requirements of this
article.
9VAC5-40-5760. Test methods and procedures. (Repealed.)
A. The provisions of subsection G of 9VAC5-40-30 (Emission
testing) apply. The other provisions of 9VAC5-40-30 do not apply.
B. Testing to determine compliance with 9VAC5-40-5720 B of
this article shall be performed by using the following test procedures:
1. California Air Resources Board (CARB) Automatic Shut-Off
Test Procedure for Spill-Proof Systems and Spill-Proof Spouts.
2. CARB Automatic Closure Test Procedure for Spill-Proof
Systems and Spill-Proof Spouts.
3. CARB Determination of Fuel Flow Rate for Spill-Proof
Systems and Spill-Proof Spouts.
C. Testing to determine compliance with 9VAC5-40-5720 A of
this article shall be performed by using all test procedures in subsection B of
this section and the following test procedure: CARB Determination of Permeation
Rate for Spill-Proof Systems. These test methods are incorporated by reference
in 9VAC5-20-21.
9VAC5-40-5770. Notification, records and reporting. (Repealed.)
The provisions of subsections D, E, F, and H of 9VAC5-40-50
(Notification, records and reporting) apply. The other provisions of
9VAC5-40-50 do not apply.
Article 49
Emission Standards for Architectural and Industrial Maintenance Coatings (Rule
4-49)
9VAC5-40-7120. Applicability. (Repealed.)
A. Except as provided in subsection C of this section, the provisions
of this article apply to any person who supplies, sells, offers for sale, or
manufactures any architectural coating for use, as well as any person who
applies or solicits the application of any architectural coating.
B. The provisions of this article apply only to persons in
the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions
Control Areas designated in 9VAC5-20-206.
C. The provisions of this article do not apply to:
1. Any architectural coating that is sold or manufactured
for use exclusively outside of the Northern Virginia and Fredericksburg
Volatile Organic Compound Emission Control Areas or for shipment to other
manufacturers for reformulation or repackaging.
2. Any aerosol coating product.
3. Any architectural coating that is sold in a container
with a volume of one liter (1.057 quart) or less.
D. For purposes of this article, the terms
"supply" or "supplied" do not include internal transactions
within a business or governmental entity. These terms only apply to
transactions between manufacturers/commercial distributors that sell, or
otherwise provide, products to businesses/governmental entities/individuals.
9VAC5-40-7130. Definitions. (Repealed.)
A. For the purpose of applying this article in the context
of the Regulations for the Control and Abatement of Air Pollution and related uses,
the words or terms shall have the meanings given them in subsection C of this
section.
B. As used in this article, all terms not defined herein
shall have the meanings given them in 9VAC5 Chapter 10 (9VAC5-10), unless
otherwise required by context.
C. Terms defined.
"Adhesive" means any chemical substance that is
applied for the purpose of bonding two surfaces together other than by
mechanical means.
"Aerosol coating product" means a pressurized
coating product containing pigments or resins that dispenses product
ingredients by means of a propellant, and is packaged in a disposable can for
hand-held application, or for use in specialized equipment for ground
traffic/marking applications.
"Antenna coating" means a coating labeled and
formulated exclusively for application to equipment and associated structural
appurtenances that are used to receive or transmit electromagnetic signals.
"Antifouling coating" means a coating labeled and
formulated for application to submerged stationary structures and their
appurtenances to prevent or reduce the attachment of marine or freshwater
biological organisms. To qualify as an antifouling coating, the coating shall
be registered with both the U.S. EPA under the Federal Insecticide, Fungicide
and Rodenticide Act (7 USC § 136 et seq.) and with the Pesticide Control Board
under the provisions of the Virginia Pesticide Control Act (Chapter 14.1 (§
3.1-249.27 et seq.) of Title 3.1 of the Code of Virginia).
"Appurtenance" means any accessory to a
stationary structure coated at the site of installation, whether installed or
detached, including but not limited to bathroom and kitchen fixtures; cabinets;
concrete forms; doors; elevators; fences; hand railings; heating equipment, air
conditioning equipment, and other fixed mechanical equipment or stationary
tools; lampposts; partitions pipes and piping systems; rain gutters and
downspouts; stairways; fixed ladders; catwalks and fire escapes; and window
screens.
"Architectural coating" means a coating to be
applied to stationary structures or the appurtenances at the site of
installation, to portable buildings at the site of installation, to pavements,
or to curbs. Coatings applied in shop applications or to nonstationary
structures such as airplanes, ships, boats, railcars, and automobiles, and
adhesives are not considered architectural coatings for the purposes of this
article.
"ASTM" means the American Society for Testing and
Materials.
"Bitumens" means black or brown materials
including, but not limited to, asphalt, tar, pitch, and asphaltite that are
soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained
from natural deposits of asphalt or as residues from the distillation of crude
petroleum or coal.
"Bituminous roof coating" means a coating that
incorporates bitumens that is labeled and formulated exclusively for roofing.
"Bituminous roof primer" means a primer that
consists of a coating or mastic formulated and recommended for roofing,
pavement sealing, or waterproofing that incorporates bitumens.
"Bond breaker" means a coating labeled and
formulated for application between layers of concrete to prevent a freshly
poured top layer of concrete from bonding to the layer over which it is poured.
"Calcimine recoater" means a flat solvent borne
coating formulated and recommended specifically for recoating calcimine-painted
ceilings and other calcimine-painted substrates.
"Clear brushing lacquers" means clear wood
finishes, excluding clear lacquer sanding sealers, formulated with
nitrocellulose or synthetic resins to dry by solvent evaporation without
chemical reaction and to provide a solid, protective film, that are intended
exclusively for application by brush and that are labeled as specified in
subdivision 5 of 9VAC5-40-7150.
"Clear wood coatings" means clear and
semi-transparent coatings, including lacquers and varnishes, applied to wood
substrates to provide a transparent or translucent solid film.
"Coating" means a material applied onto or
impregnated into a substrate for protective, decorative, or functional
purposes. Such materials include, but are not limited to, paints, varnishes,
sealers, and stains.
"Colorant" means a concentrated pigment
dispersion in water, solvent, or binder that is added to an architectural
coating after packaging in sale units to produce the desired color.
"Concrete curing compound" means a coating
labeled and formulated for application to freshly poured concrete to retard the
evaporation of water.
"Concrete surface retarder" means a mixture of
retarding ingredients such as extender pigments, primary pigments, resin, and
solvent that interact chemically with the cement to prevent hardening on the
surface where the retarder is applied, allowing the retarded mix of cement and
sand at the surface to be washed away to create an exposed aggregate finish.
"Conversion varnish" means a clear acid curing
coating with an alkyd or other resin blended with amino resins and supplied as
a single component or two-component product. Conversion varnishes produce a
hard, durable, clear finish designed for professional application to wood
flooring. The film formation is the result of an acid-catalyzed condensation
reaction, effecting a transetherification at the reactive ethers of the amino
resins.
"Dry fog coating" means a coating labeled and
formulated only for spray application such that overspray droplets dry before
subsequent contact with incidental surfaces in the vicinity of the surface
coating activity.
"Exempt compound" means a compound identified as
exempt under the definition of Volatile Organic Compound (VOC) in 9VAC5-10-20.
An exempt compound's content of a coating shall be determined by Reference
Method 24 or South Coast Air Quality Management District (SCAQMD) Method for
Determination of Exempt Compounds (see 9VAC5-20-21).
"Extreme durability coating" means an air-dried
coating, including fluoropolymer-based coating, that is formulated and
recommended for application to exterior metal surfaces and touch up, repair and
overcoating of precoated metal surfaces, and that meets the weathering
requirements of American Architectural Manufacturers Association Voluntary
SpecificationPerformance Requirements and Test Procedures for High Performance
Organic Coatings on Aluminum Extrusions and Panels (see 9VAC5-20-21).
"Faux finishing coating" means a coating labeled
and formulated as a stain or a glaze to create artistic effects including, but
not limited to, dirt, old age, smoke damage, and simulated marble and wood
grain.
"Fire-resistive coating" means an opaque coating
labeled and formulated to protect the structural integrity by increasing the
fire endurance of interior or exterior steel and other structural materials,
that has been fire tested and rated by a testing agency and approved by
building code officials for use in bringing assemblies of structural materials
into compliance with federal, state, and local building code requirements. The
fire-resistive coating shall be tested in accordance with American Society for
Testing and Materials (ASTM) Standard Test Method for Fire Tests of Building
Construction Materials (see 9VAC5-20-21).
"Fire-retardant coating" means a coating labeled
and formulated to retard ignition and flame spread, that has been fire tested
and rated by a testing agency and approved by building code officials for use
in bringing building and construction materials into compliance with federal,
state, and local building code requirements. The fire-retardant coating shall
be tested in accordance with ASTM Standard Test Method for Surface Burning
Characteristics of Building Construction Materials (see 9VAC5-20-21).
"Flat coating" means a coating that is not
defined under any other definition in this article and that registers gloss
less than 15 on an 85-degree meter or less than five on a 60-degree meter according
to ASTM Standard Test Method for Specular Gloss (see 9VAC5-20-21).
"Floor coating" means an opaque coating that is
labeled and formulated for application to flooring, including, but not limited to,
decks, porches, steps, and other horizontal surfaces, that may be subjected to
foot traffic.
"Flow coating" means a coating labeled and
formulated exclusively for use by electric power companies or their
subcontractors to maintain the protective coating systems present on utility
transformer units.
"Form-release compound" means a coating labeled
and formulated for application to a concrete form to prevent the freshly poured
concrete from bonding to the form. The form may consist of wood, metal, or some
material other than concrete.
"Graphic arts coating or sign paint" means a
coating labeled and formulated for hand-application by artists using brush or
roller techniques to indoor and outdoor signs (excluding structural components)
and murals including letter enamels, poster colors, copy blockers, and bulletin
enamels.
"High-temperature coating" means a
high-performance coating labeled and formulated for application to substrates
exposed continuously or intermittently to temperatures above 204 degrees Centigrade
(400 degrees Fahrenheit).
"Impacted immersion coating" means a high
performance maintenance coating formulated and recommended for application to
steel structures subject to immersion in turbulent, debris-laden water. These
coatings are specifically resistant to high-energy impact damage caused by
floating ice or debris.
"Industrial maintenance coating" means a
high-performance architectural coating, including primers, sealers,
undercoaters, intermediate coats, and topcoats, formulated for application to
substrates exposed to one or more of the following extreme environmental
conditions, and labeled as specified in subdivision 4 of 9VAC5-40-7150:
1. Immersion in water, wastewater, or chemical solutions
(aqueous and nonaqueous solutions), or chronic exposures of interior surfaces
to moisture condensation;
2. Acute or chronic exposure to corrosive, caustic, or
acidic agents, or to chemicals, chemical fumes, or chemical mixtures or
solutions;
3. Repeated exposure to temperatures above 121 degrees
Centigrade (250 degrees Fahrenheit);
4. Repeated (frequent) heavy abrasion, including mechanical
wear and repeated (frequent) scrubbing with industrial solvents, cleansers, or
scouring agents; or
5. Exterior exposure of metal structures and structural components.
"Lacquer" means a clear or opaque wood coating,
including clear lacquer sanding sealers, formulated with cellulosic or
synthetic resins to dry by evaporation without chemical reaction and to provide
a solid, protective film.
"Low-solids coating" means a coating containing
0.12 kilogram or less of solids per liter (one pound or less of solids per
gallon) of coating material.
"Magnesite cement coating" means a coating
labeled and formulated for application to magnesite cement decking to protect the
magnesite cement substrate from erosion by water.
"Mastic texture coating" means a coating labeled
and formulated to cover holes and minor cracks and to conceal surface
irregularities, and is applied in a single coat of at least 10 mils (0.010
inch) dry film thickness.
"Metallic pigmented coating" means a coating
containing at least 48 grams of elemental metallic pigment, mica particles or
any combination of metallic pigment or mica particles per liter of coating as
applied (0.4 pounds per gallon), when tested in accordance with South Coast Air
Quality Air Management District (SCAQMD) Method for Determination of Weight
Percent Elemental Metal in Coatings by X-Ray Diffraction (see 9VAC5-20-21).
"Multi-color coating" means a coating that is
packaged in a single container and that exhibits more than one color when
applied in a single coat.
"Nonflat coating" means a coating that is not
defined under any other definition in this article and that registers a gloss
of 15 or greater on an 85-degree meter and five or greater on a 60-degree meter
according to ASTM Standard Test Method for Specular Gloss (see 9VAC5-20-21).
"Nonflat high-gloss coating" means a nonflat
coating that registers a gloss of 70 or above on a 60-degree meter according to
ASTM Standard Test Method for Specular Gloss (see 9VAC5-20-21).
"Nonindustrial use" means any use of
architectural coatings except in the construction or maintenance of any of the
following: facilities used in the manufacturing of goods and commodities; transportation
infrastructure, including highways, bridges, airports and railroads; facilities
used in mining activities, including petroleum extraction; and utilities
infrastructure, including power generation and distribution, and water
treatment and distribution systems.
"Nuclear coating" means a protective coating
formulated and recommended to seal porous surfaces such as steel (or concrete)
that otherwise would be subject to intrusions by radioactive materials. These
coatings must be resistant to long-term (service life) cumulative radiation
exposure as determined by ASTM Standard Test Method for Effects of Gamma
Radiation on Coatings for Use in Light-Water Nuclear Power Plants (see
9VAC5-20-21), relatively easy to decontaminate, and resistant to various
chemicals to which the coatings are likely to be exposed as determined by ASTM
Standard Test Method for Chemical Resistance of Coatings Used in Light-Water
Nuclear Power Plants (see 9VAC5-20-21).
"Post-consumer coating" means a finished coating
that would have been disposed of in a landfill, having completed its usefulness
to a consumer, and does not include manufacturing wastes.
"Pretreatment wash primer" means a primer that
contains a minimum of 0.5 acid, by weight, when tested in accordance with ASTM
Standard Test Method for Acidity in Volatile Solvents and Chemical
Intermediates Used in Paint, Varnish, Lacquer and Related Products (see
9VAC5-20-21), that is labeled and formulated for application directly to bare
metal surfaces to provide corrosion resistance and to promote adhesion of
subsequent topcoats.
"Primer" means a coating labeled and formulated
for application to a substrate to provide a firm bind between the substrate and
subsequent coats.
"Quick-dry enamel" means a nonflat coating that
is labeled as specified in subdivision 8 of 9VAC5-40-7150 and that is
formulated to have the following characteristics:
1. Is capable of being applied directly from the container
under normal conditions with ambient temperatures between 16 and 27 degrees Centigrade
(60 and 80 degrees Fahrenheit);
2. When tested in accordance with ASTM Standard Methods for
Drying, Curing, or Film Formation of Organic Coatings at Room Temperature (see
9VAC5-20-21), sets to touch in two hours or less, is tack-free in four hours or
less, and dries hard in eight hours or less by the mechanical test method; and
3. Has a dried film gloss of 70 or above on a 60-degree
meter.
"Quick-dry primer sealer and undercoater" means a
primer, sealer, or undercoater that is dry to the touch in 30 minutes and can
be recoated in two hours when tested in accordance with ASTM Standard Methods
for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature
(see 9VAC5-20-21).
"Recycled coating" means an architectural coating
formulated such that not less than 50% of the total weight consists of
secondary and post-consumer coating, with not less than 10% of the total weight
consisting of post-consumer coating.
"Residence" means areas where people reside or
lodge, including, but not limited to, single and multiple family dwellings,
condominiums, mobile homes, apartment complexes, motels, and hotels.
"Roof coating" means a nonbituminous coating
labeled and formulated exclusively for application to roofs for the primary
purpose of preventing penetration of the substrate by water or reflecting heat
and ultraviolet radiation. Metallic pigmented roof coatings, which qualify as
metallic pigmented coatings, shall not be considered in this category, but
shall be considered to be in the metallic pigmented coatings category.
"Rust-preventive coating" means a coating
formulated exclusively for nonindustrial use to prevent the corrosion of metal
surfaces and labeled as specified in subdivision 6 of 9VAC5-40-7150.
"Sanding sealer" means a clear or
semi-transparent wood coating labeled and formulated for application to bare
wood to seal the wood and to provide a coat that can be abraded to create a
smooth surface for subsequent applications of coatings. A sanding sealer that
also meets the definition of a lacquer is not included in this category, but it
is included in the lacquer category.
"Sealer" means a coating labeled and formulated
for application to a substrate for one or more of the following purposes: to
prevent subsequent coatings from being absorbed by the substrate, or to prevent
harm to subsequent coatings by materials in the substrate.
"Secondary coating (rework)" means a fragment of
a finished coating or a finished coating from a manufacturing process that has
converted resources into a commodity of real economic value, but does not
include excess virgin resources of the manufacturing process.
"Shellac" means a clear or opaque coating
formulated solely with the resinous secretions of the lac beetle (Laciffer
lacca), thinned with alcohol, and formulated to dry by evaporation without a
chemical reaction.
"Shop application" means the application of a
coating to a product or a component of a product in or on the premises of a
factory or a shop as part of a manufacturing, production, or repairing process
(e.g., original equipment manufacturing coatings).
"Solicit" means to require for use or to specify,
by written or oral contract.
"Specialty primer, sealer, and undercoater" means
a coating labeled as specified in subdivision 7 of 9VAC5-40-7150 and that is
formulated for application to a substrate to seal fire, smoke or water damage;
to condition excessively chalky surfaces; or to block stains. An excessively
chalky surface is one that is defined as having a chalk rating of four or less
as determined by ASTM Standard Test Methods for Evaluating the Degree of
Chalking of Exterior Paint Films (see 9VAC5-20-21).
"Stain" means a clear, semi-transparent, or
opaque coating labeled and formulated to change the color of a surface but not
conceal the grain pattern or texture.
"Swimming pool coating" means a coating labeled
and formulated to coat the interior of swimming pools and to resist swimming
pool chemicals.
"Swimming pool repair and maintenance coating"
means a rubber-based coating labeled and formulated to be used over existing
rubber-based coatings for the repair and maintenance of swimming pools.
"Temperature-indicator safety coating" means a
coating labeled and formulated as a color-changing indicator coating for the
purpose of monitoring the temperature and safety of the substrate, underlying
piping, or underlying equipment, and for application to substrates exposed
continuously or intermittently to temperatures above 204 degrees Centigrade
(400 degrees Fahrenheit).
"Thermoplastic rubber coating and mastic" means a
coating or mastic formulated and recommended for application to roofing or
other structural surfaces and that incorporates no less than 40% by weight of
thermoplastic rubbers in the total resin solids and may also contain other
ingredients including, but not limited to, fillers, pigments, and modifying
resins.
"Tint base" means an architectural coating to
which colorant is added after packaging in sale units to produce a desired
color.
"Traffic marking coating" means a coating labeled
and formulated for marking and striping streets, highways, or other traffic
surfaces including, but not limited to, curbs, berets, driveways, parking lots,
sidewalks, and airport runways.
"Undercoater" means a coating labeled and
formulated to provide a smooth surface for subsequent coatings.
"Varnish" means a clear or semitransparent wood
coating, excluding lacquers and shellacs, formulated to dry by chemical
reaction on exposure to air. Varnishes may contain small amounts of pigment to
color a surface, or to control the fetal sheen or gloss of the finish.
"VOC content" means the weight of VOC per volume
of coating, calculated according to the procedures specified in 9VAC5-40-7220
B.
"Waterproofing sealer" means a coating labeled
and formulated for application to a porous substrate for the primary purpose of
preventing the penetration of water.
"Waterproofing concrete/masonry sealer" means a
clear or pigmented film-forming coating that is labeled and formulated for
sealing concrete and masonry to provide resistance against water, alkalis,
acids, ultraviolet light, and staining.
"Wood preservative" means a coating labeled and
formulated to protect exposed wood from decay or insect attack that is
registered with both the U.S. EPA under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 USC § 136 et seq.) and with the Pesticide Control Board
under the provisions of the Virginia Pesticide Control Act (Chapter 14. 1 (§
3.1-249.27 et seq.) of the Code of Virginia).
9VAC5-40-7140. Standard for volatile organic compounds. (Repealed.)
A. Except as provided in this section, no person shall (i)
manufacture, blend, or repackage for sale, (ii) supply, sell, or offer for
sale, or (iii) solicit for application or apply any architectural coating with
a VOC content in excess of the corresponding limit specified in Table 4-49A.
B. If anywhere on the container of any architectural
coating, or any label or sticker affixed to the container, or in any sales,
advertising, or technical literature supplied by a manufacturer or any person
acting on behalf of a manufacturer, any representation is made that indicates
that the coating meets the definition of or is recommended for use for more than
one of the coating categories listed in Table 4-49A, then the most restrictive
VOC content limit shall apply. This provision does not apply to the following
coating categories:
Lacquer coatings (including lacquer sanding sealers);
Metallic pigmented coatings;
Shellacs;
Fire-retardant coatings;
Pretreatment wash primers;
Industrial maintenance coatings;
Low-solids coatings;
Wood preservatives;
High-temperature coatings;
Temperature-indicator safety coatings;
Antenna coatings;
Antifouling coatings;
Flow coatings;
Bituminous roof primers;
Calcimine recoaters;
Impacted immersion coatings;
Nuclear coatings;
Thermoplastic rubber coating and mastic; and
Specialty primers, sealers, and undercoaters.
Table 4-49A.
VOC Content Limits for Architectural Coatings
Limits are expressed in grams of VOC per liter1
of coating thinned to the manufacturer's maximum recommendation, excluding the
volume of any water, exempt compounds, or colorant added to tint bases.
"Manufacturers maximum recommendation" means the maximum
recommendation for thinning that is indicated on the label or lid of the
coating container.
VOC
Content
Coating Category Limit
Flat Coatings 100
Nonflat Coatings 150
Nonflat High Gloss Coatings 250
Specialty Coatings:
Antenna Coatings 530
Antifouling Coatings 400
Bituminous Roof Coatings 300
Bituminous Roof Primers 350
Bond Breakers 350
Calcimine Recoater 475
Clear Wood Coatings
? Clear Brushing Lacquers 680
? Lacquers (including lacquer sanding sealers) 550
? Sanding Sealers (other than lacquer sanding sealers) 350
? Conversion Varnishes 725
? Varnishes (other than conversion varnishes) 350
Concrete Curing Compounds 350
Concrete Surface Retarder 780
Dry Fog Coatings 400
Extreme durability coating 400
Faux Finishing Coatings 350
Fire-Resistive Coatings 350
Fire-Retardant Coatings
? Clear 650
? Opaque 350
Floor Coatings 250
Flow Coatings 420
Form-Release Compounds 250
Graphic Arts Coatings (Sign Paints) 500
High-Temperature Coatings 420
Impacted Immersion Coating 780
Industrial Maintenance Coatings 340
Low-Solids Coatings 120
Magnesite Cement Coatings 450
Mastic Texture Coatings 300
Metallic Pigmented Coatings 500
Multi-Color Coatings 250
Nuclear Coatings 450
Pretreatment Wash Primers 420
Primers, Sealers, and Undercoaters 200
Quick-Dry Enamels 250
Quick-Dry Primers, Sealers and Undercoaters 200
Recycled Coatings 250
Roof Coatings 250
Rust Preventative Coatings 400
Shellacs
? Clear 730
? Opaque 550
Specialty Primers, Sealers, and Undercoaters 350
Stains 250
Swimming Pool Coatings 340
Swimming Pool Repair and Maintenance Coatings 340
Temperature-Indicator Safety Coatings 550
Thermoplastic Rubber Coating and Mastic 550
Traffic Marking Coatings 150
Waterproofing Sealers 250
Waterproofing Concrete/Masonry Sealers 400
Wood Preservatives 350
C. A coating manufactured prior to the applicable compliance
date specified in 9VAC5-40-7210, may be sold, supplied, or offered for sale for
two years following the applicable compliance date. In addition, a coating
manufactured before the applicable compliance date specified in 9VAC5-40-7210,
may be applied at any time, both before and after the applicable compliance
date, so long as the coating complied with the standards in effect at the time
the coating was manufactured. This subsection does not apply to any coating
that does not display the date or date code required by subdivision 1 of
9VAC5-40-7150.
D. All architectural coating containers used to apply the
contents therein to a surface directly from the container by pouring,
siphoning, brushing, rolling, padding, ragging, or other means, shall be closed
when not in use. These architectural coatings containers include, but are not
limited to, drums, buckets, cans, pails, trays, or other application
containers. Containers of any VOC-containing materials used for thinning and
cleanup shall also be closed when not in use.
E. No person who applies or solicits the application of any
architectural coating shall apply a coating that contains any thinning material
that would cause the coating to exceed the applicable VOC limit specified in
Table 4-49A.
F. No person shall apply or solicit the application of any
rust preventive coating for industrial use, unless such a rust preventive
coating complies with the industrial maintenance coating VOC limit specified in
Table 4-49A.
G. For any coating that does not meet any of the
definitions for the specialty coatings categories listed in Table 4-49A, the
VOC content limit shall be determined by classifying the coating as a flat
coating or a nonflat coating, based on its gloss, as defined in 9VAC5-40-7130
C, and the corresponding flat or nonflat coating limit shall apply.
H. Notwithstanding the provisions of subsection A of this
section, up to 10% by volume of VOC may be added to a lacquer to avoid blushing
of the finish during days with relative humidity greater than 70% and
temperature below 65 degrees Fahrenheit, at the time of application, provided
that the coating contains acetone and no more than 550 grams of VOC per liter
of coating, less water and exempt compounds, prior to the addition of VOC.
1Conversion factor: one pound of VOC per gallon
(U.S.) = 119.95 grams per liter.
9VAC5-40-7150. Container labeling requirements. (Repealed.)
Each manufacturer of any architectural coatings subject to
this article shall display the information listed in subdivisions 1 through 8
of this section on the coating container (or label) in which the coating is
sold or distributed.
1. The date the coating was manufactured, or a date code
representing the date, shall be indicated on the label, lid, or bottom of the
container. If the manufacturer uses a date code for any coating, the
manufacturer shall file an explanation of each code with the board.
2. A statement of the manufacturer's recommendation
regarding thinning of the coating shall be indicated on the label or lid of the
container. This requirement does not apply to the thinning of architectural
coatings with water. If thinning of the coating prior to use is not necessary,
the recommendation shall specify that the coating is to be applied without
thinning.
3. Each container of any coating subject to this article
shall display either the maximum or the actual VOC content of the coating, as
supplied, including the maximum thinning as recommended by the manufacturer.
VOC content shall be displayed in grams of VOC per liter of coating. VOC
content displayed shall be calculated using product formulation data, or shall
be determined using the test methods in 9VAC5-40-7220 C. The equations in
9VAC5-40-7220 B shall be used to calculate VOC content.
4. In addition to the information specified in subdivisions
1, 2, and 3 of this section, each manufacturer of any industrial maintenance
coating subject to this article shall display on the label or the lid of the
container in which the coating is sold or distributed one or more of the
descriptions listed in a, b, and c of this subdivision.
a. "For industrial use only."
b. "For professional use only."
c. "Not for residential use" or "Not
intended for residential use."
5. The labels of all clear brushing lacquers shall
prominently display the statements "For brush application only," and
"This product shall not be thinned or sprayed."
6. The labels of all rust preventive coatings shall
prominently display the statement "For Metal Substrates Only."
7. The labels of all specialty primers, sealers, and
undercoaters shall prominently display one or more of the descriptions listed
in a through e of this subdivision.
a. For blocking stains.
b. For fire-damaged substrates.
c. For smoke-damaged substrates.
d. For water-damaged substrates.
e. For excessively chalky substrates.
8. The labels of all quick dry enamels shall prominently
display the words "Quick Dry" and the dry hard time.
9. The labels of all nonflat high-gloss coatings shall
prominently display the words "High Gloss."
9VAC5-40-7160. Standard for visible emissions. (Repealed.)
The provisions of Article 1 (9VAC5-40-60 et seq.) of 9VAC5
Chapter 40 (Emission Standards for Visible Emissions and Fugitive
Dust/Emissions, Rule 4-1) do not apply.
9VAC5-40-7170. Standard for fugitive dust/emissions. (Repealed.)
The provisions of Article 1 (9VAC5-40-60 et seq.) of 9VAC5
Chapter 40 (Emission Standards for Visible Emissions and Fugitive
Dust/Emissions, Rule 4-1) apply.
9VAC5-40-7180. Standard for odor. (Repealed.)
The provisions of Article 2 (9VAC5-40-130 et seq.) of 9VAC5
Chapter 40 (Emission Standards for Odor, Rule 4-2) apply.
9VAC5-40-7190. Standard for toxic pollutants. (Repealed.)
The provisions of Article 4 (9VAC5-60-200 et seq.) of 9VAC5
Chapter 60 (Emission Standards for Toxic Pollutants from Existing Sources, Rule
6-4) do not apply.
9VAC5-40-7200. Compliance. (Repealed.)
The provisions of subsections B, D, F, and J of 9VAC5-40-20
(Compliance) apply. The other provisions of 9VAC5-40-20 do not apply.
9VAC5-40-7210. Compliance schedules. (Repealed.)
Affected persons shall comply with the provisions of this
article as expeditiously as possible but in no case later than:
1. January 1, 2005, in the Northern Virginia VOC Emissions
Control Area; or
2. January 1, 2008, in the Fredericksburg VOC Emissions
Control Area.
9VAC5-40-7220. Test methods and procedures. (Repealed.)
A. The provisions of subsection G of 9VAC5-40-30 (Emission
testing) apply. The other provisions of 9VAC5-40-30 do not apply.
B. For the purpose of determining compliance with the VOC
content limits in Table 4-49A, the VOC content of a coating shall be determined
by using the procedures described in subdivision 1 or 2 of this subsection, as
appropriate. The VOC content of a tint base shall be determined without
colorant that is added after the tint base is manufactured.
1. With the exception of low solids coatings, determine the
VOC content in grams of VOC per liter of coating thinned to the manufacturer's
maximum recommendation, excluding the volume of any water and exempt compounds.
Determine the VOC content using equation 1 as follows:
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Where:
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2. For low solids coatings, determine the VOC content in
units of grams of VOC per liter of coating thinned to the manufacturer's
maximum recommendation, including the volume of any water and exempt compounds.
Determine the VOC content using equation 2 as follows:
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Where:
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C. To determine the physical properties of a coating in
order to perform the calculations in subsection B, the reference method for VOC
content is Reference Method 24 (see 9VAC5-20-21). The exempt compounds content
shall be determined by SCAQMD Method for Determination of Exempt Compounds (see
9VAC5-20-21). To determine the VOC content of a coating, the manufacturer may
use Reference Method 24, formulation data, or any other reasonable means for
predicting that the coating has been formulated as intended (e.g. quality
assurance checks, recordkeeping). However, if there are any inconsistencies
between the results of a Reference Method 24 test and any other means for
determining VOC content, the Reference Method 24 results will govern. The board
may require the manufacturer to conduct a Reference Method 24 analysis.
D. Exempt compounds that are cyclic, branched, or linear,
completely methylated siloxanes shall be analyzed as exempt compounds by Bay
Area Quality Management District (BAAQMD) Method for Determination of Volatile
Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials (see
9VAC5-20-21).
E. The exempt compound parachlorobenzotrifluoride shall be
analyzed as an exempt compound by BAAQMD Method for Determination of Volatile
Organic Compounds in Solvent-Based Coatings and Related Materials Containing
Parachlorobenzotrifluoride (see 9VAC5-20-21).
F. The content of compounds exempt under Reference Method
24 shall be determined by SCAQMD Method for Determination of Exempt Compounds,
Laboratory Methods of Analysis for Enforcement Samples (see 9VAC5-20-21).
G. The VOC content of a coating shall be determined by
Reference Method 24 (see 9VAC5-20-21).
H. The VOC content of coatings may be determined by either
Reference Method 24 or SCAQMD Method for Determination of Exempt Compounds, Laboratory
Methods of Analysis for Enforcement Samples (see 9VAC5-20-21).
I. Other test methods may be used for purposes of
determining compliance with this article consistent with the approval
requirements of 9VAC5-40-20 A 2.
J. Analysis of methacrylate multi-components used as
traffic marking coatings shall be conducted according to a modification of
Reference Method 24 (40 CFR Part 59, Subpart D, Appendix A; see 9VAC5-20-21).
This method has not been approved for methacrylate multicomponent coatings used
for purposes other than as traffic marking coatings or for other classes of
multicomponent coatings.
9VAC5-40-7230. Notification, records and reporting. (Repealed.)
A. The provisions of subsections D, E, F, and H of
9VAC5-40-50 (Notification, records and reporting) apply. The other provisions
of 9VAC5-40-50 do not apply.
B. Each manufacturer of clear brushing lacquers shall, on
or before April 1 of each calendar year beginning in the year 2006, submit an
annual report to the board. The report shall specify the number of gallons of
clear brushing lacquers sold during the preceding calendar year, and shall
describe the method used by the manufacturer to calculate sales.
C. Each manufacturer of rust preventive coatings shall, on
or before April 1 of each calendar year beginning in the year 2006, submit an
annual report to the board. The report shall specify the number of gallons of
rust preventive coatings sold during the preceding calendar year, and shall
describe the method used by the manufacturer to calculate sales.
D. Each manufacturer of specialty primers, sealers, and undercoaters
shall, on or before April 1 of each calendar year beginning in the year 2006,
submit an annual report to the board. The report shall specify the number of
gallons of specialty primers, sealers, and undercoaters sold during the
preceding calendar year, and shall describe the method used by the manufacturer
to calculate sales.
E. For each architectural coating that contains
perchloroethylene or methylene chloride, the manufacturer shall, on or before
April 1 of each calendar year beginning with the year 2006, report to the board
the following information for products sold during the preceding year:
1. The product brand name and a copy of the product label
with the legible usage instructions;
2. The product category listed in Table 4-49A to which the
coating belongs;
3. The total sales during the calendar year to the nearest
gallon;
4. The volume percent, to the nearest 0.10%, of
perchloroethylene and methylene chloride in the coating.
F. Manufacturers of recycled coatings shall submit a letter
to the board certifying their status as a Recycled Paint Manufacturer. The
manufacturer shall, on or before April 1 of each calendar year beginning with
the year 2006, submit an annual report to the board. The report shall include,
for all recycled coatings, the total number of gallons distributed during the
preceding year, and shall describe the method used by the manufacturer to
calculate distribution.
G. Each manufacturer of bituminous roof coatings or
bituminous roof primers shall, on or before April 1 of each calendar year
beginning with the year 2006, submit an annual report to the board. The report
shall specify the number of gallons of bituminous roof coatings or bituminous
roof primers sold during the preceding calendar year, and shall describe the
method used by the manufacturer to calculate sales.
Article 50
Emission Standards for Consumer Products (Rule 4-50)
9VAC5-40-7240. Applicability. (Repealed.)
A. Except as provided in 9VAC5-40-7250, the provisions of
this article apply to those persons who sell, supply, offer for sale, or
manufacture for sale any consumer product that contains volatile organic
compounds (VOCs) as defined in 9VAC5-10-20.
B. The provisions of this article apply throughout the
Northern Virginia and Fredericksburg Volatile Organic Compound Emissions
Control Areas designated in 9VAC5-20-206.
C. For purposes of this article, the term
"supply" or "supplied" does not include internal
transactions within a business or governmental entity. The term only applies to
transactions between manufacturers/commercial distributors that sell, or
otherwise provide, products to businesses/governmental entities/individuals.
9VAC5-40-7250. Exemptions. (Repealed.)
A. This article shall not apply to any consumer product
manufactured in the applicable volatile organic compound emissions control
areas designated in 9VAC5-40-7240 for shipment and use outside of those areas.
B. The provisions of this article shall not apply to a
manufacturer or distributor who sells, supplies, or offers for sale a consumer
product that does not comply with the VOC standards specified in 9VAC5-40-7270
A, as long as the manufacturer or distributor can demonstrate both that the
consumer product is intended for shipment and use outside of the applicable
volatile organic compound emissions control areas designated in 9VAC5-40-7240,
and that the manufacturer or distributor has taken reasonable prudent
precautions to assure that the consumer product is not distributed to those
applicable volatile organic compound emissions control areas. This subsection
does not apply to consumer products that are sold, supplied, or offered for
sale by any person to retail outlets in those applicable volatile organic
compound emissions control areas.
C. The medium volatility organic compound (MVOC) content
standards specified in 9VAC5-40-7270 A for antiperspirants or deodorants shall
not apply to ethanol.
D. The VOC limits specified in 9VAC5-40-7270 A shall not
apply to fragrances up to a combined level of 2.0% by weight contained in any
consumer product and shall not apply to colorants up to a combined level of
2.0% by weight contained in any antiperspirant or deodorant.
E. The requirements of 9VAC5-40-7270 A for antiperspirants
or deodorants shall not apply to those volatile organic compounds 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 degrees
Centigrade.
F. The VOC limits specified in 9VAC5-40-7270 A shall not
apply to any LVP-VOC.
G. The VOC limits specified in 9VAC5-40-7270 A shall not
apply to air fresheners that are composed entirely of fragrance, less compounds
not defined as VOCs or exempted under subsection F of this section.
H. The VOC limits specified in 9VAC5-40-7270 A shall not
apply to air fresheners and insecticides containing at least 98%
paradichlorobenzene.
I. The VOC limits specified in 9VAC5-40-7270 A shall not
apply to adhesives sold in containers of one fluid ounce or less.
J. The VOC limits specified in 9VAC5-40-7270 A shall not
apply to bait station insecticides. For the purpose of this section, bait
station insecticides are containers enclosing an insecticidal bait that is not
more than 0.5 ounce by weight, where the bait is designed to be ingested by
insects and is composed of solid material feeding stimulants with less than
5.0% active ingredients.
K. A person who cannot comply with the requirements set
forth in 9VAC5-40-7270 because of extraordinary reasons beyond the person's
reasonable control may apply in writing to the board for a waiver.
1. The application shall set forth:
a. The specific grounds upon which the waiver is sought,
including the facts that support the extraordinary reasons that compliance is
beyond the applicant's reasonable control;
b. The proposed dates by which compliance with the
provisions of 9VAC5-40-7270 will be achieved; and
c. A compliance report reasonably detailing the methods by
which compliance will be achieved.
2. Upon receipt of an application containing the information
required in subdivision 1 of this subsection, the board will hold a public
hearing to determine whether, under what conditions, and to what extent, a
waiver from the requirements in 9VAC5-40-7270 is necessary and will be
permitted. A hearing shall be initiated no later than 75 days after receipt of
a waiver application. Notice of the time and place of the hearing shall be sent
to the applicant by certified mail not less than 30 days prior to the hearing.
Notice of the hearing shall also be submitted for publication in the Virginia
Register. At least 30 days prior to the hearing, the waiver application shall
be made available to the public for inspection. Information submitted to the
board by a waiver applicant may be claimed as confidential, and such
information will be handled in accordance with the procedures specified in §§
10.1-1314 and 10.1-1314.1 of the Virginia Air Pollution Control Law and
9VAC5-170-60. The board may consider such confidential information in reaching
a decision on an exemption application. Interested members of the public shall
be allowed a reasonable opportunity to testify at the hearing and their
testimony shall be considered.
3. No waiver shall be granted unless all of the following
findings are made:
a. That, because of reasons beyond the reasonable control
of the applicant, requiring compliance with 9VAC5-40-7270 would result in
extraordinary economic hardship;
b. That the public interest in mitigating the extraordinary
hardship to the applicant by issuing the waiver outweighs the public interest
in avoiding any increased emissions of air contaminants which would result from
issuing the waiver; and
c. That the compliance report proposed by the applicant can
reasonably be implemented and will achieve compliance as expeditiously as
possible.
4. Any waiver may be issued as an order of the board. The
waiver order shall specify a final compliance date by which the requirements of
9VAC5-40-7270 will be achieved. Any waiver order shall contain a condition that
specifies increments of progress necessary to assure timely compliance and such
other conditions that the board, in consideration of the testimony received at
the hearing, finds necessary to carry out the purposes of the Virginia Air
Pollution Control Law and the regulations of the board.
5. A waiver shall cease to be effective upon failure of the
party to whom the waiver was granted to comply with any term or condition of
the waiver order.
6. Upon the application of anyone, the board may review and
for good cause modify or revoke a waiver from requirements of 9VAC5-40-7270.
Modifications and revocations of waivers are considered case decisions and will
be processed using the procedures prescribed in 9VAC5-170 and Article 3 (§
2.2-4018 et seq.) of the Administrative Process Act.
L. The requirements of 9VAC5-40-7300 A shall not apply to
consumer products registered under FIFRA.
9VAC5-40-7260. Definitions. (Repealed.)
A. For the purpose of applying this article in the context
of the Regulations for the Control and Abatement of Air Pollution and related
uses, the words or terms shall have the meaning given them in subsection C of this
section.
B. As used in this article, all terms not defined herein
shall have the meaning given them in 9VAC5 Chapter 10 (9VAC5-10), unless
otherwise required by context.
C. Terms defined.
"ACP" or "alternative control plan"
means any emissions averaging program approved by the board pursuant to the
provisions of this article.
"ACP agreement" means the document signed by the
board that includes the conditions and requirements of the board and that
allows manufacturers to sell ACP products pursuant to the requirements of this
article.
"ACP emissions" means the sum of the VOC
emissions from every ACP product subject to an ACP agreement approving an ACP,
during the compliance period specified in the ACP agreement, expressed to the
nearest pound of VOC and calculated according to the following equation:
ACP Emissions = (Emissions)1 + (Emissions)2
+ ... + (Emissions)N
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where
1,2,...N = each product in an ACP up to the maximum N.
Enforceable sales = (see definition in this section).
VOC content = one of the following:
1. For all products except for charcoal lighter material
products:
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where
A = total net weight of unit (excluding container and
packaging).
B = total weight of all VOCs per unit.
C = total weight of all exempted VOCs per unit, as
specified in 9VAC5-40-7250.
2. For charcoal lighter material products only:
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where
Certified emissions = (see definition in this section).
Certified use rate = (see definition in this section).
"ACP limit" means the maximum allowable ACP
emissions during the compliance period specified in an ACP agreement approving
an ACP, expressed to the nearest pound of VOC and calculated according to the
following equation:
ACP Limit = (Limit)1 + (Limit)2 +... +
(Limit)N
where
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where
Enforceable sales = (see definition in this section).
ACP standard = (see definition in this section).
1,2,...N = each product in an ACP up to the maximum N.
"ACP product" means any consumer product subject
to the VOC standards specified in 9VAC5-40-7270 A, except those products that
have been exempted as innovative products under 9VAC5-40-7290.
"ACP reformulation" or "ACP
reformulated" means the process of reducing the VOC content of an ACP
product within the period that an ACP is in effect to a level that is less than
the current VOC content of the product.
"ACP standard" means either the ACP product's
pre-ACP VOC content or the applicable VOC standard specified in 9VAC5-40-7270
A, whichever is the lesser of the two.
"ACP VOC standard" means the maximum allowable
VOC content for an ACP product, determined as follows:
1. The applicable VOC standard specified in 9VAC5-40-7270 A
for all ACP products except for charcoal lighter material;
2. For charcoal lighter material products only, the VOC
standard for the purposes of this article shall be calculated according to the
following equation:
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where
0.020 = the certification emissions level for the product,
as specified in 9VAC5-40-7270 E.
Certified use rate = (see definition in this section).
"Adhesive" means any product that is used to bond
one surface to another by attachment. Adhesive does not include products used
on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners,
or any other product with an adhesive incorporated onto or in an inert
substrate. For contact adhesive only, adhesive also does not include units of
product, less packaging, which consist of more than one gallon. In addition,
for construction, panel, and floor covering adhesive and general purpose
adhesive only, adhesive does not include units of product, less packaging,
which consist of more than one pound and consist of more than 16 fluid ounces.
The package size limitations do not apply to aerosol adhesives.
"Adhesive remover" means a product designed
exclusively for the removal of adhesives, caulk, and other bonding materials
from either a specific substrate or a variety of substrates.
"Aerosol adhesive" means an aerosol product in
which the spray mechanism is permanently housed in a nonrefillable can designed
for hand-held application without the need for ancillary hoses or spray
equipment.
"Aerosol cooking spray" means any aerosol product
designed either to reduce sticking on cooking and baking surfaces or to be
applied on food or both.
"Aerosol product" means a pressurized spray
system that dispenses product ingredients by means of a propellant or mechanically
induced force. Aerosol product does not include pump sprays.
"Agricultural use" means the use of any pesticide
or method or device for the control of pests in connection with the commercial
production, storage, or processing of any animal or plant crop. Agricultural
use does not include the sale or use of pesticides in properly labeled packages
or containers that are intended for home use, use in structural pest control,
industrial use, or institutional use. For the purposes of this definition only:
1. "Home use" means use in a household or its
immediate environment.
2. "Structural pest control" means a use requiring
a license under the applicable state pesticide licensing requirement.
3. "Industrial use" means use for or in a
manufacturing, mining, or chemical process or use in the operation of
factories, processing plants, and similar sites.
4. "Institutional use" means use within the
perimeter of, or on property necessary for the operation of, buildings such as
hospitals, schools, libraries, auditoriums, and office complexes.
"Air freshener" means any consumer product
including, but not limited to, sprays, wicks, powders, and crystals, designed
for the purpose of masking odors or freshening, cleaning, scenting, or
deodorizing the air. Air fresheners do not include products that are used on
the human body, products that function primarily as cleaning products,
disinfectant products claiming to deodorize by killing germs on surfaces, or
institutional or industrial disinfectants when offered for sale solely through
institutional and industrial channels of distribution. Air fresheners do
include spray disinfectants and other products that are expressly represented
for use as air fresheners, except institutional and industrial disinfectants
when offered for sale through institutional and industrial channels of
distribution. To determine whether a product is an air freshener, all verbal
and visual representations regarding product use on the label or packaging and
in the product's literature and advertising may be considered. The presence of,
and representations about, a product's fragrance and ability to deodorize
(resulting from surface application) shall not constitute a claim of air
freshening.
"All other carbon-containing compounds" means all
other compounds that contain at least one carbon atom and are not an
"exempt compound" or an "LVP-VOC."
"All other forms" means all consumer product
forms for which no form-specific VOC standard is specified. Unless specified
otherwise by the applicable VOC standard, all other forms include, but are not
limited to, solids, liquids, wicks, powders, crystals, and cloth or paper wipes
(towelettes).
"Alternative control plan" or "ACP"
means any emissions averaging program approved by the board pursuant to the
provisions of this article.
"Antimicrobial hand or body cleaner or soap"
means a cleaner or soap which is designed to reduce the level of microorganisms
on the skin through germicidal activity. Antimicrobial hand or body cleaner or
soap includes, but is not limited to, antimicrobial hand or body washes or
cleaners, food handler hand washes, healthcare personnel hand washes,
preoperative skin preparations, and surgical scrubs. Antimicrobial hand or body
cleaner or soap does not include prescription drug products, antiperspirants,
astringent or toner, deodorant, facial cleaner or soap, general-use hand or
body cleaner or soap, hand dishwashing detergent (including antimicrobial),
heavy-duty hand cleaner or soap, medicated astringent or medicated toner, and rubbing
alcohol.
"Antiperspirant" means any product including, but
not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze
bottles, that is intended by the manufacturer to be used to reduce perspiration
in the human axilla by at least 20% in at least 50% of a target population.
"Architectural coating" means a coating applied
to stationary structures and their appurtenances, to mobile homes, to
pavements, or to curbs.
"ASTM" means the American Society for Testing and
Materials.
"Astringent or toner" means any product not
regulated as a drug by the United States Food and Drug Administration 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 any hand, face, or body cleaner or soap product,
medicated astringent or medicated toner, cold cream, lotion, or antiperspirant.
"Automotive brake cleaner" means a cleaning
product designed to remove oil, grease, brake fluid, brake pad material, or
dirt from motor vehicle brake mechanisms.
"Automotive hard paste wax" means an automotive
wax or polish that is:
1. Designed to protect and improve the appearance of
automotive paint surfaces;
2. A solid at room temperature; and
3. Contains no water.
"Automotive instant detailer" means 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" means
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" means
a product designed to seal out moisture, increase gloss, or otherwise enhance a
motor vehicle's painted surfaces. Automotive wax, polish, sealant, or glaze
includes, but is not limited to, products designed for use in auto body repair
shops and drive-through car washes, as well as products designed for the
general public. Automotive wax, polish, sealant, or glaze does not include
automotive rubbing or polishing compounds, automotive wash and wax products,
surfactant-containing car wash products, and products designed for use on
unpainted surfaces such as bare metal, chrome, glass, or plastic.
"Automotive windshield washer fluid" means any
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. Automotive windshield washer fluid also includes liquids that are
(i) packaged as a pre-wetted, single-use manual wipe and (ii) designed
exclusively for cleaning, washing or wetting automotive glass surfaces for the purpose
of restoring or maintaining visibility for the driver. Glass cleaners that are
intended for use on other glass surfaces are not included in this definition.
Automotive windshield washer fluid does not include fluids placed by the
manufacturer in a new vehicle.
"Bathroom and tile cleaner" means a product
designed to clean tile or surfaces in bathrooms. Bathroom and tile cleaners do
not include products specifically designed to clean toilet bowls or toilet
tanks.
"Bug and tar remover" means a product designed to
remove either or both of the following from painted motor vehicle surfaces
without causing damage to the finish: (i) biological residues, such as insect
carcasses and tree sap and (ii) road grime, such as road tar, roadway paint
markings, and asphalt.
"CARB" means the California Air Resources Board.
"Carburetor or fuel-injection air intake
cleaners" means 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. Carburetor or fuel-injection air intake cleaners do 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" means 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. Carpet and upholstery cleaners include, but are not
limited to, products that make fabric protectant claims. Carpet and upholstery
cleaners do not include general purpose cleaners, spot removers, vinyl or
leather cleaners, dry cleaning fluids, or products designed exclusively for use
at industrial facilities engaged in furniture or carpet manufacturing.
"Certified emissions" means the emissions level
for products approved under 9VAC5-40-7270 E, as determined pursuant to South
Coast Air Quality Management District Rule 1174 Ignition Method Compliance
Certification Protocol (see 9VAC5-20-21), expressed to the nearest 0.001 pound
VOC per start.
"Certified use rate" means the usage level for
products approved under 9VAC5-40-7270 E, as determined pursuant to South Coast
Air Quality Management District Rule 1174 Ignition Method Compliance
Certification Protocol, expressed to the nearest 0.001 pound certified product
used per start.
"Charcoal lighter material" means any combustible
material designed to be applied on, incorporated in, added to, or used with
charcoal to enhance ignition. Charcoal lighter material does not include any of
the following:
1. Electrical starters and probes,
2. Metallic cylinders using paper tinder,
3. Natural gas,
4. Propane, or
5. Fat wood.
"Colorant" means any pigment or coloring material
used in a consumer product for an aesthetic effect or to dramatize an
ingredient.
"Compliance period" means the period of time, not
to exceed one year, for which the ACP limit and ACP emissions are calculated
and for which compliance with the ACP limit is determined, as specified in the
ACP agreement approving an ACP.
"Construction, panel, and floor covering
adhesive" means any one-component adhesive that is designed exclusively
for the installation, remodeling, maintenance, or repair of:
1. Structural and building components that include, but are
not limited to, beams, trusses, studs, paneling (drywall or drywall laminates,
fiberglass reinforced plastic (FRP), plywood, particle board, insulation board,
pre-decorated hardboard or tileboard, etc.), ceiling and acoustical tile,
molding, fixtures, countertops or countertop laminates, cove or wall bases, and
flooring or subflooring; or
2. Floor or wall coverings that include, but are not limited
to, wood or simulated wood covering, carpet, carpet pad or cushion,
vinyl-backed carpet, flexible flooring material, nonresilient flooring
material, mirror tiles and other types of tiles, and artificial grass.
Construction, panel, and floor covering adhesive does not
include floor seam sealer.
"Consumer" means a person who purchases or
acquires a consumer product for personal, family, household, or institutional
use. Persons acquiring a consumer product for resale are not consumers for that
product.
"Consumer product" means a chemically formulated
product used by household and institutional consumers including, but not
limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics;
personal care products; home, lawn, and garden products; disinfectants;
sanitizers; aerosol paints; and automotive specialty products, but does not
include other paint products, furniture coatings, or architectural coatings.
"Contact adhesive" means an adhesive that:
1. Is designed for application to both surfaces to be bonded
together,
2. Is allowed to dry before the two surfaces are placed in
contact with each other,
3. Forms an immediate bond that is impossible, or difficult,
to reposition after both adhesive-coated surfaces are placed in contact with
each other, and
4. 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.
Contact adhesive does not include rubber cements that are
primarily intended for use on paper substrates.
"Container or packaging" means the part or parts
of the consumer or institutional product that 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.
Containers or packaging include any article onto or into which the principal
display panel and other accompanying literature or graphics are incorporated,
etched, printed, or attached.
"Contact person" means a representative that has
been designated by the responsible ACP party for the purpose of reporting or
maintaining information specified in the ACP agreement approving an ACP.
"Crawling bug insecticide" means an insecticide
product that is designed for use against ants, cockroaches, or other household
crawling arthropods, including, but not limited to, mites, silverfish or
spiders. Crawling bug insecticide does not include products designed to be used
exclusively on humans or animals or a house dust mite product. For the purposes
of this definition only:
1. "House dust mite product" means 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.
2. "House dust mite" means mites that 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.
"Date-code" means the day, month, and year on
which the consumer product was manufactured, filled, or packaged, or a code
indicating such a date.
"Deodorant" means a product including, but not
limited to, 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.
"Device" means an instrument or contrivance
(other than a firearm) that is designed for trapping, destroying, repelling, or
mitigating a pest or other form of plant or animal life (other than human and
other than bacteria, virus, or other microorganism on or in living human or
other living animals); but not including equipment used for the application of
pesticides when sold separately therefrom.
"Disinfectant" means 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 FIFRA. Disinfectant does not include any of the
following:
1. Products designed solely for use on humans or animals,
2. Products designed for agricultural use,
3. Products designed solely for use in swimming pools,
therapeutic tubs, or hot tubs, or
4. Products that, 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.
"Distributor" means a person to whom a consumer
product is sold or supplied for the purposes of resale or distribution in
commerce, except that manufacturers, retailers, and consumers are not
distributors.
"Double phase aerosol air freshener" means an
aerosol air freshener with the liquid contents in two or more distinct phases
that require the product container to be shaken before use to mix the phases,
producing an emulsion.
"Dry cleaning fluid" means a nonaqueous liquid
product designed and labeled exclusively for use on:
1. Fabrics that are labeled "for dry clean only,"
such as clothing or drapery; or
2. S-coded fabrics.
Dry cleaning fluid includes, but is not limited to, those
products used by commercial dry cleaners and commercial businesses that clean
fabrics such as draperies at the customer's residence or work place. Dry
cleaning fluid does not include spot remover or carpet and upholstery cleaner.
For the purposes of this definition, "S-coded fabric" means an
upholstery fabric designed to be cleaned only with water-free spot cleaning
products as specified by the American Furniture Manufacturers Association Joint
Industry Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric
Standards and Guidelines (see 9VAC5-20-21).
"Dusting aid" means a product designed to assist
in removing dust and other soils from floors and other surfaces without leaving
a wax or silicone based coating. Dusting aid does not include products that consist
entirely of compressed gases for use in electronic or other specialty areas.
"Electronic cleaner" means a product designed
specifically for the removal of dirt, grease, or grime from electrical
equipment such as electric motors, circuit boards, electricity panels, and
generators.
"Enforceable sales" means the total amount of an
ACP product sold for use in the applicable volatile organic compound emissions
control areas designated in 9VAC5-40-7240 during the applicable compliance
period specified in the ACP agreement approving an ACP, as determined through
enforceable sales records (expressed to the nearest pound, excluding product
container and packaging).
"Enforceable sales record" means a written,
point-of-sale record or another board-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 the applicable volatile organic compound
emissions control areas designated in 9VAC5-40-7240 during the applicable compliance
period can be accurately documented. For the purposes of this article,
enforceable sales records include, but are not limited to, the following types
of records:
1. Accurate records of direct retail or other outlet sales
to the end user during the applicable compliance period;
2. 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 that can be
used to verify data composing such summaries is submitted by the responsible
ACP party and approved by the board; and
3. Other accurate product sales records acceptable to the
board.
"Engine degreaser" means a cleaning product
designed to remove grease, grime, oil and other contaminants from the external
surfaces of engines and other mechanical parts.
"Exempt compound" means acetone, ethane, methyl
acetate, parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), or
perchloroethylene (tetrachloroethylene).
"Fabric protectant" means a product designed to
be applied to fabric substrates to protect the surface from soiling from dirt
and other impurities or to reduce absorption of liquid into the fabric's
fibers. Fabric protectant does not include waterproofers, products designed for
use solely on leather, or products designed for use solely on fabrics which are
labeled "for dry clean only" and sold in containers of 10 fluid
ounces or less.
"Facial cleaner or soap" means a cleaner or soap
designed primarily to clean the face. Facial cleaner or soap includes, but is
not limited to, facial cleansing creams, gels, liquids, lotions, and
substrate-impregnated forms. Facial cleaner or soap does not include
prescription drug products, antimicrobial hand or body cleaner or soap,
astringent or toner, general-use hand or body cleaner or soap, medicated
astringent or medicated toner, or rubbing alcohol.
"Fat wood" means pieces of wood kindling with
high naturally-occurring levels of sap or resin that enhance ignition of the kindling.
Fat wood does not include kindling with substances added to enhance
flammability, such as wax-covered or wax-impregnated wood-based products.
"FIFRA" means the Federal Insecticide, Fungicide,
and Rodenticide Act (7 USC § 136-136y).
"Flea and tick insecticide" means an insecticide
product that is designed for use against fleas, ticks, their larvae, or their
eggs. Flea and tick insecticide does not include products that are designed to
be used exclusively on humans or animals and their bedding.
"Flexible flooring material" means asphalt, cork,
linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring.
"Floor polish or wax" means 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. Floor
polish or wax does not include spray buff products, products designed solely
for the purpose of cleaning floors, floor finish strippers, products designed
for unfinished wood floors, and coatings subject to architectural coatings
regulations.
"Floor seam sealer" means a product designed and
labeled exclusively for bonding, fusing, or sealing (coating) seams between
adjoining rolls of installed flexible sheet flooring.
"Floor wax stripper" means 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. Floor
wax stripper does not include aerosol floor wax strippers or products designed
to remove floor wax solely through abrasion.
"Flying bug insecticide" means an insecticide
product that is designed for use against flying insects or other flying
arthropods, including but not limited to flies, mosquitoes, moths, or gnats.
Flying bug insecticide does not include wasp and hornet insecticide, products
that are designed to be used exclusively on humans or animals, or a
moth-proofing product. For the purposes of this definition only,
"moth-proofing product" means a product whose label, packaging, or
accompanying literature indicates that the product is designed 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.
"Fragrance" means a substance or complex mixture
of aroma chemicals, natural essential oils, and other functional components,
the sole purpose of which is to impart an odor or scent, or to counteract a
malodor.
"Furniture maintenance product" means a wax,
polish, conditioner, or other product designed for the purpose of polishing,
protecting or enhancing finished wood surfaces other than floors. Furniture
maintenance products do not include dusting aids, products designed solely for
the purpose of cleaning, and products designed to leave a permanent finish such
as stains, sanding sealers, and lacquers.
"Furniture coating" means a paint designed for
application to room furnishings including, but not limited to, cabinets
(kitchen, bath and vanity), tables, chairs, beds, and sofas.
"Gel" means a colloid in which the disperse phase
has combined with the continuous phase to produce a semisolid material, such as
jelly.
"General purpose adhesive" means a nonaerosol
adhesive designed for use on a variety of substrates. General purpose adhesive
does not include:
1. Contact adhesives,
2. Construction, panel, and floor covering adhesives,
3. Adhesives designed exclusively for application on one
specific category of substrates (i.e., substrates that are composed of similar materials,
such as different types of metals, paper products, ceramics, plastics, rubbers,
or vinyls), or
4. Adhesives designed exclusively for use on one specific
category of articles (i.e., articles that may be composed of different
materials but perform a specific function, such as gaskets, automotive trim,
weather-stripping, or carpets).
"General purpose cleaner" means a product
designed for general all-purpose cleaning, in contrast to cleaning products
designed to clean specific substrates in certain situations. General purpose
cleaner includes products designed for general floor cleaning, kitchen or
countertop cleaning, and cleaners designed to be used on a variety of hard
surfaces and does not include general purpose degreasers and electronic cleaners.
"General purpose degreaser" means a product
designed to remove or dissolve grease, grime, oil and other oil-based
contaminants from a variety of substrates, including automotive or
miscellaneous metallic parts. General purpose degreaser does not include engine
degreaser, general purpose cleaner, adhesive remover, electronic cleaner, metal
polish or cleanser, products used exclusively in solvent cleaning tanks or
related equipment, or products that are (i) sold exclusively to establishments
which manufacture or construct goods or commodities; and (ii) labeled "not
for retail sale." Solvent cleaning tanks or related equipment includes,
but is not limited to, cold cleaners, vapor degreasers, conveyorized
degreasers, film cleaning machines, or products designed to clean miscellaneous
metallic parts by immersion in a container.
"General-use hand or body cleaner or soap" means
a cleaner or soap designed to be used routinely on the skin to clean or remove
typical or common dirt and soils. General-use hand or body cleaner or soap
includes, but is not limited to, hand or body washes, dual-purpose shampoo-body
cleaners, shower or bath gels, and moisturizing cleaners or soaps. General-use
hand or body cleaner or soap does not include prescription drug products, antimicrobial
hand or body cleaner or soap, astringent or toner, facial cleaner or soap, hand
dishwashing detergent (including antimicrobial), heavy-duty hand cleaner or
soap, medicated astringent or medicated toner, or rubbing alcohol.
"Glass cleaner" means a cleaning product designed
primarily for cleaning surfaces made of glass. Glass cleaner does not include
products designed solely for the purpose of cleaning optical materials used in
eyeglasses, photographic equipment, scientific equipment, and photocopying
machines.
"Gross sales" means the estimated total sales of
an ACP product in the applicable volatile organic compound emissions control
areas designated in 9VAC5-40-7240 during a specific compliance period
(expressed to the nearest pound), based on either of the following methods,
whichever the responsible ACP party demonstrates to the satisfaction of the
board will provide an accurate sales estimate:
1. Apportionment of national or regional sales of the ACP
product to sales, determined by multiplying the average national or regional
sales of the product by the fraction of the national or regional population,
respectively, that is represented by the current population of the applicable
volatile organic compound emissions control areas designated in 9VAC5-40-7240;
or
2. Another documented method that provides an accurate
estimate of the total current sales of the ACP product.
"Hair mousse" means a hairstyling foam designed
to facilitate styling of a coiffure and provide limited holding power.
"Hair shine" means a product designed for the
primary purpose of creating a shine when applied to the hair. Hair shine
includes, but is not limited to, dual-use products designed primarily to impart
a sheen to the hair. Hair shine does not include hair spray, hair mousse, hair
styling gel or spray gel, or products whose primary purpose is to condition or
hold the hair.
"Hair styling gel" means a high viscosity, often
gelatinous, product that contains a resin and is designed for the application
to hair to aid in styling and sculpting of the hair coiffure.
"Hair spray" means a consumer product designed
primarily for the purpose of dispensing droplets of a resin on and into a hair
coiffure that will impart sufficient rigidity to the coiffure to establish or
retain the style for a period of time.
"Heavy-duty hand cleaner or soap" means a product
designed to clean or remove difficult dirt and soils such as 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.
Heavy-duty hand cleaner or soap does not include prescription drug products,
antimicrobial hand or body cleaner or soap, astringent or toner, facial cleaner
or soap, general-use hand or body cleaner or soap, medicated astringent or
medicated toner, or rubbing alcohol.
"Herbicide" means a pesticide product designed to
kill or retard a plant's growth, but excludes products that are (i) for
agricultural use, or (ii) restricted materials that require a permit for use
and possession.
"High volatility organic compound" or
"HVOC" means a volatile organic compound that exerts a vapor pressure
greater than 80 millimeters of mercury (mm Hg) when measured at 20 degrees
Centigrade.
"Household product" means 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 people, including
the immediate surroundings.
"Insecticide" means a pesticide product that is
designed for use against insects or other arthropods, but excluding products
that are:
1. For agricultural use;
2. For a use which requires a structural pest control
license under applicable state laws or regulations; or
3. Restricted materials that require a permit for use and
possession.
"Insecticide fogger" means 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" means a consumer product that is designed
for use in the maintenance or operation of an establishment that:
1. Manufactures, transports, or sells goods or commodities,
or provides services for profit; or
2. Is engaged in the nonprofit promotion of a particular
public, educational, or charitable cause.
Establishments include, but are not limited to, government
agencies, factories, schools, hospitals, sanitariums, prisons, restaurants,
hotels, stores, automobile service and parts centers, health clubs, theaters,
or transportation companies. Institutional product 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.
"Label" means written, printed, or graphic matter
affixed to, applied to, attached to, blown into, formed, molded into, embossed
on, or appearing upon a consumer product or consumer product package, for
purposes of branding, identifying, or giving information with respect to the
product or to the contents of the package.
"Laundry prewash" means 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.
"Laundry starch product" means a product that is
designed for application to a fabric, either during or after laundering, to
impart and prolong a crisp, fresh look and may also act to help ease ironing of
the fabric. Laundry starch product includes, but is not limited to, fabric
finish, sizing, and starch.
"Lawn and garden insecticide" means an
insecticide product designed primarily to be used in household lawn and garden
areas to protect plants from insects or other arthropods.
"Liquid" means a substance or mixture of
substances that is capable of a visually detectable flow as determined under
ASTM "Standard Test Method for Determining Whether a Material is a Liquid
or a Solid" (see 9VAC5-20-21). Liquid does not include powders or other
materials that are composed entirely of solid particles.
"Lubricant" means a product designed to reduce
friction, heat, noise, or wear between moving parts, or to loosen rusted or
immovable parts or mechanisms. Lubricant does not include automotive power
steering fluids; products for use inside power generating motors, engines, and
turbines, and their associated power-transfer gearboxes; two-cycle oils or
other products designed to be added to fuels; products for use on the human
body or animals; or products that are:
1. Sold exclusively to establishments which manufacture or
construct goods or commodities, and
2. Labeled "not for retail sale."
"LVP content" means the total weight, in pounds,
of LVP-VOC in an ACP product multiplied by 100 and divided by the product's
total net weight (in pounds, excluding container and packaging), expressed to
the nearest 0.1.
"LVP-VOC" means a chemical compound or mixture
that contains at least one carbon atom and meets one of the following:
1. Has a vapor pressure less than 0.1 mm Hg at 20 degrees
Centigrade, as determined by CARB Method 310 (see 9VAC5-20-21);
2. Is a chemical compound with more than 12 carbon atoms, or
a chemical mixture composed solely of compounds with more than 12 carbon atoms,
and the vapor pressure is unknown;
3. Is a chemical compound with a boiling point greater than
216 degrees Centigrade, as determined by CARB Method 310 (see 9VAC5-20-21); or
4. Is the weight percent of a chemical mixture that boils
above 216 degrees Centigrade, as determined by CARB Method 310 (see
9VAC5-20-21).
For the purposes of the definition of LVP-VOC,
"chemical compound" means a molecule of definite chemical formula and
isomeric structure, and "chemical mixture" means a substrate composed
of two or more chemical compounds.
"Manufacturer" means a person who imports,
manufactures, assembles, produces, packages, repackages, or relabels a consumer
product.
"Medicated astringent or medicated toner" means a
product regulated as a drug by the United States Food and Drug Administration
that is applied to the skin for the purpose of cleaning or tightening pores.
Medicated astringent or medicated toner includes, but is not limited to, clarifiers
and substrate-impregnated products. Medicated astringent or medicated toner
does not include hand, face, or body cleaner or soap products, astringent or
toner, cold cream, lotion, antiperspirants, or products that must be purchased
with a doctor's prescription.
"Medium volatility organic compound" or
"MVOC" means a volatile organic compound that exerts a vapor pressure
greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20
degrees Centigrade.
"Metal polish or cleanser" means a product designed
primarily to improve the appearance of finished metal, metallic, or metallized
surfaces by physical or chemical action. To "improve the appearance"
means to remove or reduce stains, impurities, or oxidation from surfaces or to
make surfaces smooth and shiny. Metal polish or cleanser includes, but is not
limited to, metal polishes used on brass, silver, chrome, copper, stainless
steel and other ornamental metals. Metal polish or cleanser does not include
automotive wax, polish, sealant, or glaze, wheel cleaner, paint remover or
stripper, products designed and labeled exclusively for automotive and marine
detailing, or products designed for use in degreasing tanks.
"Missing data days" means 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 to the board, as specified in
the ACP agreement.
"Mist spray adhesive" means an aerosol that is
not a special purpose spray adhesive and which delivers a particle or mist
spray, resulting in the formation of fine, discrete particles that yield a
generally uniform and smooth application of adhesive to the substrate.
"Multi-purpose dry lubricant" means a lubricant
that is:
1. 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, and
2. Designed for general purpose lubrication, or for use in a
wide variety of applications.
"Multi-purpose lubricant" means a lubricant
designed for general purpose lubrication, or for use in a wide variety of
applications. Multi-purpose lubricant does not include multi-purpose dry
lubricants, penetrants, or silicone-based multi-purpose lubricants.
"Multi-purpose solvent" means 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. Multi-purpose solvent includes solvents used in
institutional facilities, except for laboratory reagents used in analytical,
educational, research, scientific, or other laboratories. Multi-purpose solvent
does not include solvents used in cold cleaners, vapor degreasers, conveyorized
degreasers or film cleaning machines, or 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" means a clear or colored coating
designed for application to the fingernails or toenails and including but not
limited to, lacquers, enamels, acrylics, base coats, and top coats.
"Nail polish remover" means a product designed to
remove nail polish and coatings from fingernails or toenails.
"Nonaerosol product" means a consumer product
that is not dispensed by a pressurized spray system.
"Noncarbon containing compound" means a compound
that does not contain carbon atoms.
"Nonresilient flooring" means flooring of a mineral
content that is not flexible. Nonresilient flooring includes but is not limited
to terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete.
"Nonselective terrestrial herbicide" means a
terrestrial herbicide product that is toxic to plants without regard to
species.
"One-product business" means a responsible ACP
party that sells, supplies, offers for sale, or manufactures for use in the
applicable volatile organic compound emissions control areas designated in
9VAC5-40-7240:
1. Only one distinct ACP product, sold under one product
brand name, which is subject to the requirements of 9VAC5-40-7270; or
2. Only one distinct ACP product line subject to the
requirements of 9VAC5-40-7270, in which all the ACP products belong to the same
product category and the VOC contents in the products are within 98.0% and
102.0% of the arithmetic mean of the VOC contents over the entire product line.
"Oven cleaner" means a cleaning product designed
to clean and to remove dried food deposits from oven walls.
"Paint" means a pigmented liquid, 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" means a product
designed to strip or remove paints or other related coatings, by chemical
action, from a substrate without markedly affecting the substrate. Paint
remover or stripper does not include multi-purpose solvents, paint brush
cleaners, products designed and labeled exclusively to remove graffiti, and
hand cleaner products that claim to remove paints and other related coatings
from skin.
"Penetrant" means a lubricant designed and
labeled primarily to loosen metal parts that have bonded together due to
rusting, oxidation, or other causes. Penetrant does not include multi-purpose
lubricants that claim to have penetrating qualities but are not labeled
primarily to loosen bonded parts.
"Pesticide" means and includes 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, provided that the term "pesticide" will not include
a substance, mixture of substances, or device that the U.S. Environmental
Protection Agency does not consider to be a pesticide.
"Pre-ACP VOC content" means 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 board, based on the data obtained from
accurate records available to the board that yields the lowest VOC content for
the product.
"Principal display panel" means that part of a
label that is 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 such principal display
panels.
"Product brand name" means the name of the
product exactly as it appears on the principal display panel of the product.
"Product category" means the applicable category
that best describes the product as listed in this section.
"Product line" means a group of products of
identical form and function belonging to the same product category.
"Propellant" means a liquefied or compressed gas
that is used in whole or in part, such as a cosolvent, to expel a liquid or
other material from the same self-pressurized container or from a separate
container.
"Pump spray" means a packaging system in which
the product ingredients within the container are not under pressure and in
which the product is expelled only while a pumping action is applied to a
button, trigger, or other actuator.
"Reconcile or reconciliation" means to provide
sufficient VOC emission reductions to completely offset shortfalls generated
under the ACP during an applicable compliance period.
"Reconciliation of shortfalls plan" means the
plan to be implemented by the responsible ACP party when shortfalls have
occurred, as approved by the board pursuant to 9VAC5-40-7280 B 1 g (10).
"Responsible party" means the company, firm, or
establishment which is listed on the product's label. If the label lists two
companies, firms, or establishments, the responsible party is the party that
the product was "manufactured for" or "distributed by," as
noted on the label.
"Responsible ACP party" means the company, firm,
or establishment which is listed on the ACP product's label. If the label lists
two or more companies, firms, or establishments, the responsible ACP party is
the party that the ACP product was "manufactured for" or
"distributed by," as noted on the label.
"Restricted materials" means pesticides
established as restricted materials under the Virginia Pesticide Control Act (§
3.1-249.27 et seq. of the Code of Virginia).
"Retailer" means a person who sells, supplies, or
offers consumer products for sale directly to consumers.
"Retail outlet" means an establishment at which
consumer products are sold, supplied, or offered for sale directly to
consumers.
"Roll-on product" means an antiperspirant or
deodorant that dispenses active ingredients by rolling a wetted ball or wetted
cylinder on the affected area.
"Rubber and vinyl protectant" means 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. Rubber and vinyl protectant 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.
"Rubbing alcohol" means a product containing
isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled
for topical use, usually to decrease germs in minor cuts and scrapes, to
relieve minor muscle aches, as a rubefacient, and for massage.
"Sealant and caulking compound" means a product
with adhesive properties that is designed to fill, seal, waterproof, or
weatherproof gaps or joints between two surfaces. Sealant and caulking compound
does not include roof cements and roof sealants; insulating foams; removable
caulking compounds; clear or paintable or water resistant caulking compounds;
floor seam sealers; products designed exclusively for automotive uses; or
sealers that are applied as continuous coatings. Sealant and caulking compound
also does not include units of product, less packaging, which weigh more than
one pound and consist of more than 16 fluid ounces. For the purposes of this
definition only, "removable caulking compounds" means a compound that
temporarily seals windows or doors for three- to six-month time intervals; and
"clear or paintable or water resistant caulking compounds" means a
compound that 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.
"Semisolid" means a product that, at room
temperature, will not pour, but will spread or deform easily, including gels,
pastes, and greases.
"Shaving cream" means 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.
"Shortfall" means 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. Shortfall does not
include emissions occurring prior to the date that the ACP agreement approving
an ACP is signed by the board.
"Silicone-based multi-purpose lubricant" means a
lubricant that is:
1. Designed and labeled to provide lubricity primarily
through the use of silicone compounds including, but not limited to,
polydimethylsiloxane, and
2. Designed and labeled for general purpose lubrication, or
for use in a wide variety of applications.
Silicone-based multi-purpose lubricant does not include
products designed and labeled exclusively to release manufactured products from
molds.
"Single phase aerosol air freshener" means an
aerosol air freshener with the liquid contents in a single homogeneous phase
and which does not require that the product container be shaken before use.
"Small business" means any stationary source
that: is owned or operated by a person that employs 100 or fewer individuals;
is a small business concern as defined in the federal Small Business Act; is
not a major stationary source; does not emit 50 tons or more per year of any
regulated pollutant; and emits less than 75 tons per year of all regulated
pollutants.
"Solid" means a substance or mixture of
substances which, either whole or subdivided (such as the particles composing a
powder), is not capable of visually detectable flow as determined under ASTM
"Standard Test Method for Determining Whether a Material is a Liquid or a
Solid" (see 9VAC5-20-21).
"Special purpose spray adhesive" means an aerosol
adhesive that meets any of the following definitions:
1. "Mounting adhesive" means an aerosol adhesive
designed to permanently mount photographs, artwork, or other drawn or printed
media to a backing (paper, board, cloth, etc.) without causing discoloration to
the artwork.
2. "Flexible vinyl adhesive" means 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. A plasticizer is 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 using
ASTM "Standard Practice for Packed Column Gas Chromatography" (see
9VAC5-20-21) or from product formulation data.
3. "Polystyrene foam adhesive" means an aerosol
adhesive designed to bond polystyrene foam to substrates.
4. "Automobile headliner adhesive" means an
aerosol adhesive designed to bond together layers in motor vehicle headliners.
5. "Polyolefin adhesive" means an aerosol adhesive
designed to bond polyolefins to substrates.
6. "Laminate repair or edgebanding adhesive" means
an aerosol adhesive designed for:
a. The touch-up or repair of items laminated with high
pressure laminates (e.g., lifted edges, delaminates, etc.); or
b. The touch-up, repair, or attachment of edgebonding
materials, including but not limited to, other laminates, synthetic marble,
veneers, wood molding, and decorative metals.
For the purposes of this definition, "high pressure
laminate" means sheet materials that consist of paper, fabric, or other
core material that have been laminated at temperatures exceeding 265 degrees
Fahrenheit and at pressures between 1,000 and 1,400 psi.
7. "Automotive engine compartment adhesive" means
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 degrees Fahrenheit.
"Spot remover" means 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. Spot remover does not include dry cleaning
fluid, laundry prewash, carpet and upholstery cleaner, or multi-purpose
solvent.
"Spray buff product" means a product designed to
restore a worn floor finish in conjunction with a floor buffing machine and
special pad.
"Stick product" means an antiperspirant or a
deodorant that contains active ingredients in a solid matrix form, and that
dispenses the active ingredients by frictional action on the affected area.
"Structural waterproof adhesive" means an
adhesive whose bond lines are resistant to conditions of continuous immersion
in fresh or salt water and that conforms with the definition in the federal
consumer products regulation, 40 CFR Part 59, Subpart C.
"Surplus reduction" means 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 9VAC5-40-7280 F 3, surplus reduction does not include emissions
occurring prior to the date that the ACP agreement approving an ACP is signed
by the board.
"Surplus trading" means the buying, selling, or
transfer of surplus reductions between responsible ACP parties.
"Terrestrial" means to live on or grow from land.
"Tire sealant and inflation" means a pressurized
product that is designed to temporarily inflate and seal a leaking tire.
"Total maximum historical emissions" or
"TMHE" means 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 party
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
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where
Highest VOC content = the maximum VOC content which the ACP
product has contained in the previous five years, if the responsible ACP party
has failed to meet the requirements for reporting VOC content data (for any
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.
Highest sales = the maximum one-year gross sales of the ACP
product in the previous five years, if the responsible ACP party has failed to
meet the requirements for reporting enforceable sales records (for any portion
of the compliance period), as specified in the ACP agreement approving the ACP,
or the current actual one-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 Days = (see definition in this section).
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.
"Type A propellant" means a compressed gas such
as CO2, N2, N2O, or compressed air that is
used as a propellant and is either incorporated with the product or contained
in a separate chamber within the product's packaging.
"Type B propellant" means a halocarbon that is
used as a propellent including chlorofluorocarbons (CFCs),
hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).
"Type C propellant" means a propellant that is
not a Type A or Type B propellant, including propane, isobutane, n-butane, and
dimethyl ether (also known as dimethyl oxide).
"Undercoating" means 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.
Undercoating includes, but is not limited to, rubberized, mastic, or asphaltic
products.
"Usage directions" means the text or graphics on
the product's principal display panel, label, or accompanying literature which
describes to the end user how and in what quantity the product is to be used.
"VOC content" means, except for charcoal lighter
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
pursuant to 9VAC5-40-7340 B and C.
For charcoal lighter material products only,
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where
Certified emissions = (see definition in this section).
Certified use rate = (see definition in this section).
"Volatile organic compound" or "VOC"
means volatile organic compound as defined in 9VAC5-10-20.
"Wasp and hornet insecticide" means 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" means a product designed and
labeled exclusively to repel water from fabric or leather substrates.
Waterproofer does not include fabric protectants.
"Wax" means 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 polymers
(plastics). Wax includes, but is not limited to, substances derived from the
secretions of plants and animals such as carnauba wax and beeswax, substances
of a mineral origin such as ozocerite and paraffin, and synthetic polymers such
as polyethylene.
"Web spray adhesive" means an aerosol adhesive
which is not a mist spray or special purpose spray adhesive.
"Wood floor wax" means wax-based products for use
solely on wood floors.
"Working day" means a day between Monday through
Friday, inclusive, except for federal holidays.
9VAC5-40-7270. Standard for volatile organic compounds. (Repealed.)
A. Except as provided in 9VAC5-40-7250, 9VAC5-40-7280, and
9VAC5-40-7290, no person shall (i) sell, supply, or offer for sale a consumer
product manufactured on or after the applicable compliance date specified in
9VAC5-40-7330, or (ii) manufacture for sale a consumer product on or after the
applicable compliance date specified in 9VAC5-40-7330, that contains volatile
organic compounds in excess of the limits specified in Table 4-50A.
TABLE 4-50A
Product Category: Percent VOC by Weight
Adhesives
Aerosol
Mist spray: 65%
Web spray: 55%
Special purpose spray adhesives
Mounting, automotive engine compartment, and flexible vinyl: 70%
Polystyrene foam and automotive headliner: 65%
Polyolefin and laminate repair/Edgebanding: 60%
Contact: 80%
Construction, panel, and floor covering: 15%
General purpose: 10%
Structural waterproof: 15%
Air fresheners
Single-phase aerosols: 30%
Double-phase aerosols: 25%
Liquids/Pump sprays: 18%
Solids/Gels: 3%
Antiperspirants
Aerosol: 40% HVOC/10% MVOC
Nonaerosol: 0% HVOC/0% MVOC
Automotive brake cleaners: 45%
Automotive rubbing or polishing compound: 17%
Automotive wax, polish, sealant, or glaze
Hard paste waxes: 45%
Instant detailers: 3%
All other forms: 15%
Automotive windshield washer fluids: 35%
Bathroom and tile cleaners
Aerosols: 7%
All other forms: 5%
Bug and tar remover: 40%
Carburetor or fuel-injection air intake cleaners: 45%
Carpet and upholstery cleaners
Aerosols: 7%
Nonaerosols (dilutables): 0.1%
Nonaerosols (ready-to-use): 3.0%
Charcoal lighter material: see subsection E of this section.
Cooking spray, aerosols: 18%
Deodorants
Aerosol: 0% HVOC/10% MVOC
Nonaerosol: 0% HVOC/0% MVOC
Dusting aids
Aerosols: 25%
All other forms: 7%
Engine degreasers
Aerosol: 35%
Nonaerosol: 5%
Fabric protectants: 60%
Floor polishes/Waxes
Products for flexible flooring materials: 7%
Products for nonresilient flooring: 10%
Wood floor wax: 90%
Floor wax strippers, nonaerosol: see 9VAC5-40-7270 G
Furniture maintenance products
Aerosols: 17%
All other forms except solid or paste: 7%
General purpose cleaners
Aerosols: 10%
Nonaerosols: 4%
General purpose degreasers
Aerosols: 50%
Nonaerosols: 4%
Glass cleaners
Aerosols: 12%
Nonaerosols: 4%
Hair mousses: 6%
Hair shines: 55%
Hair sprays: 55%
Hair styling gels: 6%
Heavy-duty hand cleaner or soap: 8%
Insecticides
Crawling bug (aerosol): 15%
Crawling bug (all other forms): 20%
Flea and tick: 25%
Flying bug (aerosol): 25%
Flying bug (all other forms): 35%
Foggers: 45%
Lawn and garden (all other forms): 20%
Lawn and garden (nonaerosol): 3%
Wasp and hornet: 40%
Laundry prewash
Aerosols/Solids: 22%
All other forms: 5%
Laundry starch products: 5%
Metal polishes and cleansers: 30%
Multi-purpose lubricant (excluding solid or semi-solid products): 50%
Nail polish remover: 75%
Nonselective terrestrial herbicide, nonaerosols: 3%
Oven cleaners
Aerosols/Pump sprays: 8%
Liquids: 5%
Paint remover or strippers: 50%
Penetrants: 50%
Rubber and vinyl protectants
Nonaerosols: 3%
Aerosols: 10%
Sealants and caulking compounds: 4%
Shaving creams: 5%
Silicone-based multi-purpose lubricants (excluding solid or semi-solid
products): 60%
Spot removers
Aerosols: 25%
Nonaerosols: 8%
Tire sealants and inflators: 20%
Undercoatings, aerosols: 40%
B. No person shall sell, supply, offer for sale, or
manufacture for sale an antiperspirant or a deodorant that contains a compound
that has been defined as a toxic pollutant in 9VAC5-60-210 C.
C. Provisions follow concerning products that are diluted
prior to use.
1. For consumer products for which the label, packaging, or
accompanying literature specifically states that the product should be diluted
with water or non-VOC solvent prior to use, the limits specified in Table 4-50A
shall apply to the product only after the minimum recommended dilution has
taken place. For purposes of this subsection, "minimum recommended
dilution" shall not include recommendations for incidental use of a
concentrated product to deal with limited special applications such as
hard-to-remove soils or stains.
2. For consumer products for which the label, packaging, or
accompanying literature states that the product should be diluted with a VOC
solvent prior to use, the limits specified in Table 4-50A shall apply to the
product only after the maximum recommended dilution has taken place.
D. For those consumer products that are registered under
FIFRA, the effective date of the VOC standards is one year after the applicable
compliance date specified in 9VAC5-40-7330.
E. The following requirements shall apply to all charcoal
lighter material products:
1. Effective as of the applicable compliance date specified
in 9VAC5-40-7330, no person shall (i) sell, supply, or offer for sale a
charcoal lighter material product manufactured on or after the applicable
compliance date or (ii) manufacture for sale a charcoal lighter material
product unless at the time of the transaction:
a. The manufacturer can demonstrate to the board's
satisfaction that they have been issued a currently effective certification by
CARB under the Consumer Products provisions under Subchapter 8.5, Article 2, §
94509(h), of Title 17 of the California Code of Regulations (see 9VAC5-20-21).
This certification remains in effect for as long as the CARB certification
remains in effect. A manufacturer claiming such a certification on this basis
must submit to the board a copy of the certification decision (i.e., the
Executive Order), including all conditions established by CARB applicable to
the certification.
b. The manufacturer or distributor of the charcoal lighter
material has been issued a currently effective certification pursuant to
subdivision 2 of this subsection.
c. The charcoal lighter material meets the formulation
criteria and other conditions specified in the applicable ACP agreement issued
pursuant to subdivision 2 of this subsection.
d. The product usage directions for the charcoal lighter
material are the same as those provided to the board pursuant to subdivision 2
c of this subsection.
2. Provisions follow concerning certification requirements.
a. No charcoal lighter material formulation shall be
certified under this subdivision unless the applicant for certification
demonstrates to the board's satisfaction that the VOC emissions from the
ignition of charcoal with the charcoal lighter material 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 (see 9VAC5-20-21). The provisions relating to LVP-VOC in
9VAC5-40-7250 F and 9VAC5-40-7260 C shall not apply to a charcoal lighter material
subject to the requirements of 9VAC5-40-7270 A and E.
b. The board 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 Ignition Method Compliance
Certification Protocol (see 9VAC5-20-21).
c. A manufacturer or distributor of charcoal lighter
material may apply to the board for certification of a charcoal lighter
material formulation in accordance with this subdivision. The application shall
be in writing and shall include, at a minimum, the following:
(1) The results of testing conducted pursuant to the
procedures specified in South Coast Air Quality Management District Rule 1174
Testing Protocol (see 9VAC5-20-21); and
(2) The exact text or graphics that will appear on the
charcoal lighter material's principal display panel, label, or accompanying
literature. The provided material shall clearly show the usage directions for
the product. These directions shall accurately reflect the quantity of charcoal
lighter material per pound of charcoal that was used in the South Coast Air
Quality Management District Rule 1174 Testing Protocol (see 9VAC5-20-21) for
that product, unless:
(a) The charcoal lighter material is intended to be used in
fixed amounts independent of the amount of charcoal used, such as certain
paraffin cubes, or
(b) The charcoal lighter material is already incorporated
into the charcoal, such as certain "bag light," "instant
light" or "match light" products.
(3) For a charcoal lighter material which meets the
criteria specified in subdivision 2 c (2) (a) of this subsection, the usage
instructions provided to the board will accurately reflect the quantity of
charcoal lighter material used in the South Coast Air Quality Management
District Rule 1174 Testing Protocol (see 9VAC5-20-21) for that product.
(4) Physical property data, formulation data, or other
information required by the board for use in determining when a product
modification has occurred and for use in determining compliance with the
conditions specified on the ACP agreement issued pursuant to subdivision 2 e of
this subsection.
d. Within 30 days of receipt of an application, the board
will advise the applicant in writing either that it is complete or that
specified additional information is required to make it complete. Within 30
days of receipt of additional information, the board will advise the applicant
in writing either that the application is complete, or that specified
additional information or testing is still required before it can be deemed
complete.
e. If the board finds that an application meets the
requirements of subdivision 2 of this subsection, then an ACP agreement shall
be issued certifying the charcoal lighter material formulation and specifying
such conditions as are necessary to insure that the requirements of this
subsection are met. The board will act on a complete application within 90 days
after the application is deemed complete.
3. For charcoal lighter material for which certification has
been granted pursuant to subdivision 2 of this subsection, the applicant for
certification shall notify the board in writing within 30 days of: (i) a change
in the usage directions, or (ii) a change in product formulation, test results,
or other information submitted pursuant to subdivision 2 of this subsection
which may result in VOC emissions greater than 0.020 pound of VOC per start.
4. If the board determines that a certified charcoal lighter
material 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 (see
9VAC5-20-21) and the statistical analysis procedures contained therein, the
board will revoke or modify the certification as is necessary to assure that
the charcoal lighter material will result in VOC emissions of less than or
equal to 0.020 pound of VOC per start. Modifications and revocations of
certifications are considered case decisions and will be processed using the
procedures prescribed in 9VAC5-170 and Article 3 (§ 2.2-4018 et seq.) of the
Administrative Process Act.
F. Requirements for aerosol adhesives.
1. The standards for aerosol adhesives apply to all uses of
aerosol adhesives, including consumer, industrial, and commercial uses. Except
as otherwise provided in 9VAC5-40-7250 and 9VAC5-40-7290, no person shall sell,
supply, offer for sale, use or manufacture for sale an aerosol adhesive which,
at the time of sale, use, or manufacture, contains VOCs in excess of the
specified standard.
2. a. In order to qualify as a "special purpose spray
adhesive," the product must meet one or more of the definitions specified
in 9VAC5-40-7260 C, but if the product label indicates that the product is
suitable for use on a substrate or application not listed in 9VAC5-40-7260 C,
then the product shall be classified as either a "web spray adhesive"
or a "mist spray adhesive."
b. If a product meets more than one of the definitions specified
in 9VAC5-40-7260 C for "special purpose spray adhesive," and is not
classified as a "web spray adhesive" or "mist spray
adhesive" under subdivision 2 a of this subsection, then the VOC limit for
the product shall be the lowest applicable VOC limit specified in 9VAC5-40-7270
A.
3. Effective as of the applicable compliance date specified
in 9VAC5-40-7330, no person shall (i) sell, supply, or offer for sale an
aerosol adhesive manufactured on or after the applicable compliance date, or
(ii) manufacture for sale an aerosol adhesive that contains any of the
following compounds: methylene chloride, perchloroethylene, or
trichloroethylene.
4. All aerosol adhesives must comply with the labeling
requirements specified in 9VAC5-40-7300 D.
G. Effective as of the applicable compliance date specified
in 9VAC5-40-7330, no person shall sell, supply, offer for sale, or manufacture
for use a floor wax stripper unless the following requirements are met:
1. The label of each nonaerosol floor wax stripper must
specify a dilution ratio for light or medium build-up of polish that results in
an as-used VOC concentration of 3.0% by weight or less.
2. If a nonaerosol floor wax stripper is also intended to be
used for removal of heavy build-up of polish, the label of that floor wax
stripper must specify a dilution ratio for heavy build-up of polish that
results in an as-used VOC concentration of 12% by weight or less.
3. The terms "light build-up," "medium
build-up" or "heavy build-up" are not specifically required, as
long as comparable terminology is used.
H. For a consumer product for which standards are specified
under subsection A of this section, no person shall sell, supply, offer for
sale, or manufacture for sale a consumer product which contains any of the
following ozone-depleting compounds:
CFC-11 (trichlorofluoromethane), CFC-12
(dichlorodifluoromethane);
CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane);
CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane);
CFC-115 (chloropentafluoroethane), halon 1211
(bromochlorodifluoromethane);
halon 1301 (bromotrifluoromethane), halon 2402
(dibromotetrafluoroethane);
HCFC-22 (chlorodifluoromethane), HCFC-123
(2,2-dichloro-1,1,1-trifluoroethane);
HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane);
HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b
(1-chloro-1,1-difluoroethane);
1,1,1-trichloroethane; or
carbon tetrachloride.
I. The requirements of subsection H of this section shall
not apply to an existing product formulation that complies with Table 4-50A or an
existing product formulation that is reformulated to meet Table 4-50A, provided
the ozone-depleting compound content of the reformulated product does not
increase.
J. The requirements of subsection H of this section shall
not apply to ozone-depleting compounds that may be present as impurities in a
consumer product in an amount equal to or less than 0.01% by weight of the
product.
9VAC5-40-7280. Alternative control plan (ACP) for consumer
products. (Repealed.)
A. Manufacturers of consumer products may seek an ACP
agreement in accordance with subsections B through L of this section.
B. Provisions follow concerning the requirements and
process for approval of an ACP.
1. To be considered by the board for approval, an
application for a proposed ACP shall be submitted in writing to the board by
the responsible ACP party and shall contain all of the following:
a. An identification of the contact persons, phone numbers,
names and addresses of the responsible ACP party which is submitting the ACP
application and will be implementing the ACP requirements specified in the ACP
agreement;
b. A statement of whether the responsible ACP party is a
small business or a one-product business;
c. A listing of the exact product brand name, form,
available variations (flavors, scents, colors, sizes, etc.), and applicable
product category for each distinct ACP product that is proposed for inclusion
in the ACP;
d. For each proposed ACP product identified in subdivision
1 c of this subsection, a demonstration to the satisfaction of the board that
the enforceable sales records to be used by the responsible ACP party for
tracking product sales meet the minimum criteria specified in subdivision 1 d
(5) of this subsection. To provide this demonstration, the responsible ACP
party shall do all of the following:
(1) Provide the contact persons, phone numbers, names,
street and mail addresses of all persons and businesses who will provide
information that will be used to determine the enforceable sales;
(2) Determine the enforceable sales of each product using
enforceable sales records;
(3) Demonstrate, to the satisfaction of the board, the
validity of the enforceable sales based on enforceable sales records provided
by the contact persons or the responsible ACP party;
(4) Calculate the percentage of the gross sales, which is
composed of enforceable sales;
(5) Determine which ACP products have enforceable sales
which are 75% or more of the gross sales. Only ACP products meeting this
criteria shall be allowed to be sold under an ACP.
e. For each of the ACP products identified in subdivision 1
d (5) of this subsection, the inclusion of the following:
(1) Legible copies of the existing labels for each product;
(2) The VOC content and LVP content for each product. The
VOC content and LVP content shall be reported for two different periods, as
follows:
(a) The VOC and LVP contents of the product at the time the
application for an ACP is submitted, and
(b) The VOC and LVP contents of the product that were used
at any time within the four 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 plus or minus 10% of the VOC or LVP contents reported in subdivision 1 e
(2) (a) of this subsection.
f. A written commitment obligating the responsible ACP
party to date-code every unit of each ACP product approved for inclusion in the
ACP. The commitment shall require the responsible ACP party to display the
date-code on each ACP product container or package no later than five working
days after the date an ACP agreement approving an ACP is signed by the board.
g. An operational plan covering all the products identified
under subdivision 1 d (5) of this subsection for each compliance period that
the ACP will be in effect. The operational plan shall contain all of the
following:
(1) An identification of the compliance periods and dates
for the responsible ACP party to report the information required by the board
in the ACP agreement approving an ACP. The length of the compliance period
shall be chosen by the responsible ACP party (not to exceed 365 days). The
responsible ACP party shall also choose the dates for reporting information
such that all required VOC content and enforceable sales data for all ACP
products shall be reported to the board at the same time and at the same
frequency;
(2) An identification of specific enforceable sales records
to be provided to the board for enforcing the provisions of this article and
the ACP agreement approving an ACP. The enforceable sales records shall be
provided to the board no later than the compliance period dates specified in
subdivision 1 g (1) of this subsection;
(3) For a small business or a one-product business which
will be relying to some extent on surplus trading to meet its ACP limits, a
written commitment from the responsible ACP party that they will transfer the
surplus reductions to the small business or one-product business upon approval
of the ACP;
(4) For each ACP product, all VOC content levels which will
be applicable for the ACP product during each compliance period. The plan shall
also identify the specific method by which the VOC content will be determined
and the statistical accuracy and precision (repeatability and reproducibility)
will be calculated for each specified method.
(5) The projected enforceable sales for each ACP product at
each different VOC content for every compliance period that the ACP will be in
effect;
(6) A detailed demonstration showing the combination of
specific ACP reformulations or surplus trading (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 such reformulations or surplus trading are
expected to occur, and the extent to which the VOC contents of the ACP products
will be reduced (i.e., by ACP reformulation). This demonstration shall use the
equations specified in 9VAC5-40-7260 C for projecting the ACP emissions and ACP
limits during each compliance period. This demonstration shall also include all
VOC content levels and projected enforceable sales for all ACP products to be
sold during each compliance period;
(7) A certification that all reductions in the VOC content
of a product will be real, actual reductions that do not result from changing
product names, mischaracterizing ACP product reformulations that have occurred
in the past, or other attempts to circumvent the provisions of this article;
(8) Written explanations of the date-codes that will be
displayed on each ACP product's container or packaging;
(9) 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;
(10) 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 shall contain all of the following:
(a) A clear and convincing demonstration of how shortfalls
of up to 5.0%, 10%, 15%, 25%, 50%, 75% and 100% of the applicable ACP limit
will be completely reconciled within 90 working days from the date the
shortfall is determined;
(b) A listing of the specific records and other information
that will be necessary to verify that the shortfalls were reconciled as
specified in this subsection; and
(c) A commitment to provide a record or information
requested by the board to verify that the shortfalls have been completely
reconciled.
h. A declaration, signed by a legal representative for the
responsible ACP party, which states that all information and operational plans
submitted with the ACP application are true and correct.
2. a. In accordance with the time periods specified in
subsection C of this section, the board will issue an ACP agreement approving
an ACP which meets the requirements of this article. The board will specify
such terms and conditions as are necessary to ensure that the emissions from the
ACP products do not exceed the emissions that would have occurred if the ACP
products subject to the ACP had met the VOC standards specified in
9VAC5-40-7270 A. The ACP shall also include:
(1) Only those ACP products for which the enforceable sales
are at least 75% of the gross sales, as determined in subdivision 1 d (5) of
this subsection;
(2) A reconciliation of shortfalls plan meeting the
requirements of this article;
(3) Operational terms, conditions, and data to be reported
to the board to ensure that all requirements of this article are met.
b. The board will not approve an ACP submitted by a
responsible ACP party if the board determines, upon review of the responsible
ACP party's compliance history with past or current ACPs or the requirements for
consumer products in this article, that the responsible ACP party has a
recurring pattern of violations and has consistently refused to take the
necessary steps to correct those violations.
C. Provisions follow concerning ACP approval time frames.
1. The board will take appropriate action on an ACP within
the following time periods:
a. Within 30 working days of receipt of an ACP application,
the board will inform the applicant in writing that either:
(1) The application is complete and accepted for filing, or
(2) The application is deficient, and identify the specific
information required to make the application complete.
b. Within 30 working days of receipt of additional
information provided in response to a determination that an ACP application is deficient,
the board will inform the applicant in writing that either:
(1) The additional information is sufficient to make the
application complete, and the application is accepted for filing, or
(2) The application is deficient, and identify the specific
information required to make the application complete.
c. If the board finds that an application meets the
requirements of subsection B of this section, then it shall issue an ACP
agreement in accordance with the requirements of this article. The board will
act to approve or disapprove a complete application within 90 working days
after the application is deemed complete.
2. Before the end of each time period specified in this
section, the board and the responsible ACP party may mutually agree to a longer
time period for the board to take the appropriate action.
D. Provisions follow concerning recordkeeping and
availability of requested information.
1. All information specified in the ACP agreement approving
an ACP shall be maintained by the responsible ACP party for a minimum of three
years after such records are generated. Such records shall be clearly legible
and maintained in good condition during this period.
2. The records specified in subdivision 1 of this subsection
shall be made available to the board or its authorized representative:
a. Immediately upon request, during an on-site visit to a
responsible ACP party;
b. Within five working days after receipt of a written
request from the board; or
c. Within a time period mutually agreed upon by both the
board and the responsible ACP party.
E. Provisions follow concerning violations.
1. Failure to meet a requirement of this article or a
condition of an applicable ACP agreement shall constitute a single, separate
violation of this article for each day until such requirement or condition is
satisfied, except as otherwise provided in subdivisions 2 through 8 of this
subsection.
2. False reporting of information in an ACP application or
in any supporting documentation or amendments thereto shall constitute a
single, separate violation of the requirements of this article for each day
that the approved ACP is in effect.
3. An exceedance during the applicable compliance period of
the VOC content specified for an ACP product in the ACP agreement approving an
ACP shall constitute a single, separate violation of the requirements of this
article for each ACP product which exceeds the specified VOC content that is
sold, supplied, offered for sale, or manufactured for use.
4. Any of the following actions shall each constitute a
single, separate violation of the requirements of this article for each day
after the applicable deadline until the requirement is satisfied:
a. Failure to report data or failure to report data
accurately in writing to the board regarding the VOC content, LVP content,
enforceable sales, or other information required by the deadline specified in
the applicable ACP agreement;
b. False reporting of information submitted to the board
for determining compliance with the ACP requirements;
c. Failure to completely implement the reconciliation of
shortfalls plan that is set forth in the ACP agreement, within 30 working days
from the date of written notification of a shortfall by the board; or
d. Failure to completely reconcile the shortfall as
specified in the ACP agreement, within 90 working days from the date of written
notification of a shortfall by the board.
5. False reporting or failure to report any of the
information specified in subdivision F 2 i of this section or the sale or
transfer of invalid surplus reductions shall constitute a single, separate
violation of the requirements of this article for each day during the time
period for which the surplus reductions are claimed to be valid.
6. Except as provided in subdivision 7 of this subsection,
an exceedance of the ACP limit for a compliance period that the ACP is in
effect shall constitute a single, separate violation of the requirements of
this article for each day of the applicable compliance period. The board will
determine whether an exceedance of the ACP limit has occurred as follows:
a. If the responsible ACP party has provided all required
information for the applicable compliance period specified in the ACP agreement
approving an ACP, then the board will determine whether an exceedance has
occurred using the enforceable sales records and VOC content for each ACP
product, as reported by the responsible ACP party for the applicable compliance
period;
b. If the responsible ACP party has failed to provide all
the required information specified in the ACP agreement for an applicable
compliance period, the board will determine whether an exceedance of the ACP
limit has occurred as follows:
(1) For the missing data days, the board will calculate the
total maximum historical emissions, as specified in 9VAC5-40-7260 C;
(2) For the remaining portion of the compliance period
which are not missing data days, the board will calculate the emissions for
each ACP product using the enforceable sales records and VOC content that were
reported for that portion of the applicable compliance period;
(3) The ACP emissions for the entire compliance period
shall be the sum of the total maximum historical emissions, determined pursuant
to subdivision 6 b (1) of this subsection, and the emissions determined
pursuant to subdivision 6 b (2) of this subsection;
(4) The board will calculate the ACP limit for the entire
compliance period using the ACP Standards applicable to each ACP product and
the enforceable sales records specified in subdivision 6 b (2) of this
subsection. The enforceable sales for each ACP product during missing data
days, as specified in subdivision 6 b (1) of this subsection, shall be zero;
(5) An exceedance of the ACP limit has occurred when the
ACP emissions, determined pursuant to subdivision 6 b (3) of this subsection,
exceeds the ACP limit, determined pursuant to subdivision 6 b (4) of this
subsection.
7. If a violation specified in subdivision 6 of this subsection
occurs, the responsible ACP party may, pursuant to this subdivision, establish
the number of violations as calculated according to the following equation:
|
|
|
|
where
NEV = number of ACP limit violations.
ACP emissions = the ACP emissions for the compliance
period.
ACP limit = the ACP limit for the compliance period.
40 pounds = number of pounds of emissions equivalent to one
violation.
The responsible ACP party may determine the number of ACP
limit violations pursuant to this subdivision only if it has provided all
required information for the applicable compliance period, as specified in the
ACP agreement approving the ACP. By choosing this option, the responsible ACP
party waives all legal objections to the calculation of the ACP limit
violations pursuant to this subdivision.
8. A cause of action against a responsible ACP party under
this section shall be deemed to accrue on the date when the records
establishing a violation are received by the board.
9. The responsible ACP party is fully liable for compliance
with the requirements of this article, even if the responsible ACP party
contracts with or otherwise relies on another person to carry out some or all
of the requirements of this article.
F. Provisions follow concerning surplus reductions and
surplus trading.
1. The board will issue surplus reduction certificates which
establish and quantify, to the nearest pound of VOC reduced, the surplus
reductions achieved by a responsible ACP party operating under an ACP. The
surplus reductions can be bought from, sold to, or transferred to a responsible
ACP party operating under an ACP, as provided in subdivision 2 of this
subsection. All surplus reductions shall be calculated by the board at the end
of each compliance period within the time specified in the approved ACP.
Surplus reduction certificates shall not constitute instruments, securities, or
another form of property.
2. The issuance, use, and trading of all surplus reductions
shall be subject to the following provisions:
a. For the purposes of this article, VOC reductions from
sources of VOCs other than consumer products subject to the VOC standards specified
in 9VAC5-40-7270 A may not be used to generate surplus reductions;
b. Surplus reductions are valid only when generated by a
responsible ACP party and only while that responsible ACP party is operating
under an approved ACP;
c. Surplus reductions are valid only after the board has
issued an ACP agreement pursuant to subdivision 1 of this subsection.
d. Surplus reductions issued by the board may be used by
the responsible ACP party who generated the surplus until the reductions
expire, are traded, or until the ACP is canceled pursuant to subdivision J 2 of
this section;
e. Surplus reductions cannot be applied retroactively to a
compliance period prior to the compliance period in which the reductions were
generated;
f. Except as provided in subdivision 2 g (2) of this
subsection, only small or one-product businesses selling products under an
approved ACP may purchase surplus reductions. An increase in the size of a
small business or one-product business shall have no effect on surplus
reductions purchased by that business prior to the date of the increase.
g. While valid, surplus reductions can be used only for the
following purposes:
(1) To adjust the ACP emissions of either the responsible
ACP party who generated the reductions or the responsible ACP party to which
the reductions were traded, provided the surplus reductions are not to be used
by a responsible ACP party to further lower its ACP emissions when its ACP
emissions are equal to or less than the ACP limit during the applicable
compliance period; or
(2) To be traded for the purpose of reconciling another
responsible ACP party's shortfalls, provided such reconciliation is part of the
reconciliation of shortfalls plan approved by the board pursuant to subdivision
B 1 g (10) of this section.
h. A valid surplus reduction shall be in effect starting
five days after the date of issuance by the board for a continuous period equal
to the number of days in the compliance period during which the surplus
reduction was generated. The surplus reduction shall then expire at the end of
its effective period.
i. At least five working days prior to the effective date
of transfer of surplus reductions, both the responsible ACP party which is
selling surplus reductions and the responsible ACP party which is buying the
surplus reductions shall, either together or separately, notify the board in
writing of the transfer. The notification shall include all of the following:
(1) The date the transfer is to become effective;
(2) The date the surplus reductions being traded are due to
expire;
(3) The amount (in pounds of VOCs) of surplus reductions
that are being transferred;
(4) The total purchase price paid by the buyer for the
surplus reductions;
(5) The contact persons, names of the companies, street and
mail addresses, and phone numbers of the responsible ACP parties involved in
the trading of the surplus reductions;
(6) A copy of the board-issued surplus reductions
certificate, signed by both the seller and buyer of the certificate, showing
transfer of all or a specified portion of the surplus reductions. The copy
shall show the amount of any remaining nontraded surplus reductions, if
applicable, and shall show their expiration date. The copy shall indicate that
both the buyer and seller of the surplus reductions fully understand the
conditions and limitations placed upon the transfer of the surplus reductions
and accept full responsibility for the appropriate use of such surplus
reductions as provided in this section.
j. Surplus reduction credits shall only be traded between
ACP products.
3. Provisions follow concerning limited-use surplus
reduction credits for early reformulations of ACP products.
a. For the purposes of this subdivision, "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 for the first time during the one-year (365 day) period immediately
prior to the date on which the application for a proposed ACP is submitted to
the board. Early reformulation does not include reformulated ACP products which
are sold, supplied, or offered for sale more than one year prior to the date on
which the ACP application is submitted to the board.
b. If requested in the application for a proposed ACP, the
board will, upon approval of the ACP, issue surplus reduction credits for early
reformulation of ACP products, provided that all of the following documentation
has been provided by the responsible ACP party to the satisfaction of the
board:
(1) Accurate documentation showing that the early
reformulation reduced the VOC content of the ACP product to a level that is
below the pre-ACP VOC content of the product, or below the applicable VOC
standard specified in 9VAC5-40-7270 A, whichever is the lesser of the two;
(2) Accurate documentation demonstrating that the early
reformulated ACP product was sold in retail outlets within the time period
specified in subdivision 3 a of this subsection;
(3) Accurate sales records for the early reformulated ACP
product that meet the definition of enforceable sales records and that
demonstrate that the enforceable sales for the ACP product are at least 75% of
the gross sales for the product, as specified in subdivision B 1 d of this
section;
(4) Accurate documentation for the early reformulated ACP
product that meets the requirements specified in subdivisions B 1 c and d and B
1 g (7) and (8) of this section and that identifies the specific test methods
for verifying the claimed early reformulation and the statistical accuracy and
precision of the test methods as specified in subdivision B 1 g (4) of this
section.
c. Surplus reduction credits issued pursuant to this
subsection shall be calculated separately for each early reformulated ACP product
by the board according to the following equation:
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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 contentinitial = the pre-ACP VOC content of
the ACP product, or the applicable VOC standard specified in 9VAC5-40-7270 A, whichever
is the lesser of the two, expressed to the nearest 0.1 pounds 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 pounds of VOC per 100 pounds of ACP product.
d. The use of limited use surplus reduction credits issued
pursuant to this subdivision shall be subject to all of the following
provisions:
(1) Limited use surplus reduction credits shall be used
solely to reconcile the responsible ACP party's shortfalls, if any, generated
during the first compliance period occurring immediately after the issuance of
the ACP agreement approving an ACP, and shall not be used for another purpose;
(2) Limited use surplus reduction credits shall not be
transferred to, or used by, another responsible ACP party;
(3) Except as provided in this subdivision, limited use
surplus reduction credits shall be subject to all requirements applicable to
surplus reductions and surplus trading, as specified in subdivisions 1 and 2 of
this subsection.
G. Provisions follow concerning the reconciliation of
shortfalls.
1. 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 board will determine the amount of a shortfall
that has occurred during the compliance period and shall notify the responsible
ACP party of this determination.
2. 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 board.
3. All shortfalls shall be completely reconciled within 90
working days from the date of written notification of a shortfall by the board
by implementing the reconciliation of shortfalls plan specified in the ACP
agreement approving the ACP.
4. All requirements specified in the ACP agreement approving
an ACP, including all applicable ACP limits, shall remain in effect while
shortfalls are in the process of being reconciled.
H. Provisions follow concerning the notification of
modifications to an ACP by the responsible ACP party.
1. Board preapproval is not required for modifications that
are a change to an ACP product's (i) product name, (ii) product formulation,
(iii) product form, (iv) product function, (v) applicable product category,
(vi) VOC content, (vii) LVP content, (viii) date-codes, or (ix) recommended
product usage directions. The responsible ACP party shall notify the board of
such changes in writing no later than 15 working days from the date such a
change occurs. For each modification, the notification shall fully explain the
following:
a. The nature of the modification;
b. The extent to which the ACP product formulation, VOC
content, LVP content, or recommended usage directions will be changed;
c. The extent to which the ACP emissions and ACP limit
specified in the ACP agreement will be changed for the applicable compliance
period; and
d. The effective date and corresponding date-codes for the
modification.
2. The responsible ACP party may propose modifications to
the enforceable sales records or the reconciliation of shortfalls plan
specified in the ACP agreement approving the ACP; however, such modifications
require board preapproval. Any such proposed modifications shall be fully
described in writing and forwarded to the board. The responsible ACP party
shall clearly demonstrate that the proposed modifications will meet the
requirements of this article. The board will act on the proposed modifications
using the procedure set forth in subsection C of this section. The responsible
ACP party shall meet all applicable requirements of the existing ACP until such
time as a proposed modification is approved in writing by the board.
3. Except as otherwise provided in subdivisions 1 and 2 of
this subsection, the responsible ACP party shall notify the board, in writing,
of information known by the responsible ACP party which may alter the
information submitted pursuant to the requirements of subsection B of this
section. The responsible ACP party shall provide such notification to the board
no later than 15 working days from the date such information is known to the
responsible ACP party.
I. Provisions follow concerning the modification of an ACP
by the board.
1. If the board determines that: (i) the enforceable sales
for an ACP product are no longer at least 75% of the gross sales for that
product, or (ii) the information submitted pursuant to the approval process set
forth in subsection C of this section is no longer valid, or (iii) the ACP
emissions are exceeding the ACP limit specified in the ACP agreement approving
an ACP, then the board will modify the ACP as necessary to ensure that the ACP
meets all requirements of this article and that the ACP emissions will not
exceed the ACP limit. Modifications of ACPs are considered case decisions and
will be processed using the procedures prescribed in 9VAC5-170 and Article 3 (§
2.2-4018 et seq.) of the Administrative Process Act.
2. If any applicable VOC standards specified in
9VAC5-40-7270 A are modified by the board in a future rule-making, the board
will modify the ACP limit specified in the ACP agreement approving an ACP to
reflect the modified ACP VOC standards as of their effective dates.
J. Provisions follow concerning the cancellation of an ACP.
1. An ACP shall remain in effect until:
a. The ACP reaches the expiration date specified in the ACP
agreement;
b. The ACP is modified by the responsible ACP party and
approved by the board, as provided in subsection H of this section;
c. The ACP is modified by the board, as provided in
subsection I of this section;
d. The ACP includes a product for which the VOC standard
specified in 9VAC5-40-7270 A is modified by the board in a future rule-making,
and the responsible ACP party informs the board in writing that the ACP will
terminate on the effective date of the modified standard;
e. The ACP is cancelled pursuant to subdivision 2 of this
subsection.
2. The board will cancel an ACP if any of the following
circumstances occur:
a. The responsible ACP party demonstrates to the satisfaction
of the board that the continuation of the ACP will result in an extraordinary
economic hardship;
b. The responsible ACP party violates the requirements of
the approved ACP, and the violation results in a shortfall that is 20% or more
of the applicable ACP limit (i.e., the ACP emissions exceed the ACP limit by
20% or more);
c. The responsible ACP party fails to meet the requirements
of subsection G of this section within the time periods specified in that
subsection.
d. The responsible ACP party has demonstrated a recurring
pattern of violations and has consistently failed to take the necessary steps
to correct those violations.
3. Cancellations of ACPs are considered case decisions and
will be processed using the procedures prescribed in 9VAC5-170 and Article 3 (§
2.2-4018 et seq.) of the Administrative Process Act.
4. The responsible ACP party for an ACP which is canceled
pursuant to this section and who does not have a valid ACP to immediately
replace the canceled ACP shall meet all of the following requirements:
a. All remaining shortfalls in effect at the time of ACP
cancellation shall be reconciled in accordance with the requirements of
subsection G of this section, and
b. All ACP products subject to the ACP shall be in
compliance with the applicable VOC standards in 9VAC5-40-7270 A immediately
upon the effective date of ACP cancellation.
5. Violations incurred pursuant to subsection E of this
section shall not be cancelled or affected by the subsequent cancellation or
modification of an ACP pursuant to subsection H, I, or J of this section.
K. The information required by subdivisions B 1 a and b and
F 2 i of this section is public information that may not be claimed as
confidential. All other information submitted to the board to meet the
requirements of this article shall be handled in accordance with the procedures
specified in §§ 10.1-1314 and 10.1-1314.1 of the Virginia Air Pollution Control
Law and 9VAC5-170-60.
L. A responsible ACP party may transfer an ACP to another
responsible ACP party, provided that all of the following conditions are met:
1. The board will be notified, in writing, by both
responsible ACP parties participating in the transfer of the ACP and its
associated ACP agreement. The written notifications shall be postmarked at
least five 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 all requirements of the ACP agreement approving the ACP
and this article.
M. In approving agreements under subsections B through L of
this section, the board will take into consideration whether the applicant has
been granted an ACP by CARB. A manufacturer of consumer products that has been
granted an ACP agreement by the CARB under the provisions in Subchapter 8.5,
Article 4, §§ 94540-94555, of Title 17 of the California Code of Regulations
(see 9VAC5-20-21) may be exempt from Table 4-50A 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 Table 4-50A. A manufacturer claiming
such an ACP agreement on this basis must submit to the board a copy of the CARB
ACP decision (i.e., the Executive Order), including all conditions established
by CARB applicable to the exemption and certification that the manufacturer
will comply with the CARB ACP decision for those ACP products in the areas
specified in 9VAC5-40-7240 B.
9VAC5-40-7290. Innovative products. (Repealed.)
A. Manufacturers of consumer products may seek an
innovative products exemption in accordance with the following criteria:
1. The board will exempt a consumer product from the VOC limits
specified in 9VAC5-40-7270 A if a manufacturer demonstrates by clear and
convincing evidence that, due to some characteristic of the product
formulation, design, delivery systems or other factors, the use of the product
will result in less VOC emissions as compared to:
a. The VOC emissions from a representative consumer product
that complies with the VOC limits specified in 9VAC5-40-7270 A, or
b. The calculated VOC emissions from a noncomplying
representative product, if the product had been reformulated to comply with the
VOC limits specified in 9VAC5-40-7270 A. VOC emissions shall be calculated
using the following equation:
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where
ER = The VOC emissions from the noncomplying
representative product, had it been reformulated.
ENC = The VOC emissions from the noncomplying
representative product in its current formulation.
VOCSTD = the VOC limit specified in Table 4-50A.
VOCNC = the VOC content of the noncomplying
product in its current formulation.
If a manufacturer demonstrates that this equation yields
inaccurate results due to some characteristic of the product formulation or
other factors, an alternative method which accurately calculates emissions may
be used upon approval of the board.
2. For the purposes of this subsection, "representative
consumer product" means a consumer product that meets all of the following
criteria:
a. The representative product shall be subject to the same
VOC limit in 9VAC5-40-7270 A as the innovative product;
b. The representative product shall be of the same product
form as the innovative product, unless the innovative product uses a new form
which does not exist in the product category at the time the application is
made; and
c. The representative product shall have at least a similar
efficacy as other consumer products in the same product category based on tests
generally accepted for that product category by the consumer products industry.
3. A manufacturer shall apply in writing to the board for an
exemption claimed under subdivision A 1 of this section. The application shall
include the supporting documentation that demonstrates the emissions from the
innovative product, including the actual physical test methods used to generate
the data and, if necessary, the consumer testing undertaken to document product
usage. In addition, the applicant must provide the information necessary to
enable the board to establish enforceable conditions for granting the
exemption, including the VOC content for the innovative product and test
methods for determining the VOC content. All information submitted by a
manufacturer pursuant to this section shall be handled in accordance with the
procedures specified in §§ 10.1-1314 and 10.1-1314.1 of the Virginia Air
Pollution Control Law and 9VAC5-170-60.
4. Within 30 days of receipt of the exemption application,
the board will determine whether an application is complete.
5. Within 90 days after an application has been deemed
complete, the board will determine whether, under what conditions, and to what
extent an exemption from the requirements of 9VAC5-40-7270 A will be permitted.
The applicant and the board may mutually agree to a longer time period for
reaching a decision, and additional supporting documentation may be submitted
by the applicant before a decision has been reached. The board will notify the
applicant of the decision in writing and specify such terms and conditions as
are necessary to insure that emissions from the product will meet the emissions
reductions specified in subdivision 1 of this subsection, and that such
emissions reductions can be enforced.
6. In granting an exemption for a product, the board will
establish enforceable conditions. These conditions shall include the VOC
content of the innovative product, dispensing rates, application rates, and
other parameters determined by the board to be necessary. The board will also
specify the test methods for determining conformance to the conditions
established. The test methods shall include criteria for reproducibility,
accuracy, sampling, and laboratory procedures.
7. For a product for which an exemption has been granted
pursuant to this section, the manufacturer shall notify the board in writing
within 30 days of a change in the product formulation or recommended product
usage directions and shall also notify the board within 30 days if the
manufacturer learns of information which would alter the emissions estimates
submitted to the board in support of the exemption application.
8. If the VOC limits specified in 9VAC5-40-7270 A are
lowered for a product category through a subsequent rulemaking, all innovative
product exemptions granted for products in the product category, except as
provided in this subdivision, shall have no force and effect as of the effective
date of the modified VOC standard. This subdivision shall not apply to those
innovative products that have VOC emissions less than the applicable lowered
VOC limit and for which a written notification of the product's emissions
status versus the lowered VOC limit has been submitted to and approved by the
board at least 60 days before the effective date of such limits.
9. If the board believes that a consumer product for which
an exemption has been granted no longer meets the criteria for an innovative
product specified in subdivision 1 of this subsection, the board may modify or
revoke the exemption as necessary to assure that the product will meet these
criteria. Modifications and revocations of exemptions are considered case
decisions and will be processed using the procedures prescribed in 9VAC5-170
and Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act.
B. In granting an exemption under this section, the board
will take into consideration whether the applicant has been granted an innovative
product exemption by CARB. A manufacturer of consumer products that has been
granted an innovative product exemption by the CARB under the innovative
products provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.5,
Article 1, § 94503.5 of Title 17 of the California Code of Regulations (see
9VAC5-20-21) may be exempt from Table 4-50A for the period of time that the
CARB innovative products exemption remains in effect provided that all consumer
products within the CARB innovative products exemption are contained in Table
4-50A. A manufacturer claiming such an exemption on this basis must submit to
the board a copy of the CARB innovative product exemption decision (i.e., the
Executive Order), including all conditions established by CARB applicable to
the exemption and certification that the manufacturer will comply with the CARB
innovative product exemption decision for those products in the areas specified
in 9VAC5-40-7240 B.
9VAC5-40-7300. Administrative requirements. (Repealed.)
A. Each manufacturer of a consumer product subject to
9VAC5-40-7270 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 such date. The date or code shall be located on the container or
inside the cover or cap so that it is readily observable or obtainable (by
simply removing the cap or cover) without 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 the effective date of the applicable
standard specified in 9VAC5-40-7270 A. No person shall erase, alter, deface, or
otherwise remove or make illegible a date or code from a regulated product
container without the express authorization of the manufacturer. The
requirements of this provision shall not apply to products containing no VOCs
or containing VOCs at 0.10% by weight or less.
B. If a manufacturer uses a code indicating the date of
manufacture for a consumer product subject to 9VAC5-40-7270, an explanation of
the code must be filed with the board upon request by the board.
C. Notwithstanding the definition of "product
category" in 9VAC5-40-7260 C, if anywhere on the principal display panel
of a consumer product, 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 9VAC5-40-7270 A, then the lowest VOC limit shall apply. This
requirement does not apply to general purpose cleaners and antiperspirant or
deodorant products.
D. Provisions follow concerning additional labeling
requirements for aerosol adhesives.
1. In addition to the requirements specified in subsections
A and C of this section and in 9VAC5-40-7360, both the manufacturer and
responsible party for each aerosol adhesive product subject to this article
shall ensure that all products clearly display the following information on
each product container which is manufactured on or after the applicable
compliance date specified in 9VAC5-40-7330.
a. The aerosol adhesive category as specified in
9VAC5-40-7270 A or an abbreviation of the category shall be displayed;
b. (1) The applicable VOC standard for the product that is
specified in 9VAC5-40-7270 A, expressed as a percentage by weight, shall be
displayed unless the product is included in an alternative control plan
approved by the board, as provided in 9VAC5-40-7280;
(2) If the product is included in an alternative control
plan approved by the board, and the product exceeds the applicable VOC standard
specified in 9VAC5-40-7270 A, the product shall be labeled with the term
"ACP" or "ACP product";
(3) 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;
(4) If the manufacturer or responsible party uses an
abbreviation as allowed by this subsection, an explanation of the abbreviation
must be filed with the board before the abbreviation is used.
2. The information required in subdivision 1 of this
subsection shall be displayed on the product container such 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.
3. No person shall remove, alter, conceal, or deface the
information required in subdivision 1 of this subsection prior to final sale of
the product.
9VAC5-40-7310. Standard for toxic pollutants. (Repealed.)
The provisions of Article 4 (9VAC5-60-200 et seq.) of 9VAC5
Chapter 60 (Emission Standards for Toxic Pollutants from Existing Sources, Rule
6-4) do not apply.
9VAC5-40-7320. Compliance. (Repealed.)
The provisions of subsections B, D, F, and J of 9VAC5-40-20
(Compliance) apply. The other provisions of 9VAC5-40-20 do not apply.
9VAC5-40-7330. Compliance schedules. (Repealed.)
Affected persons shall comply with the provisions of this
article as expeditiously as possible but in no case later than:
1. July 1, 2005, in the Northern Virginia VOC Emissions
Control Area; or
2. January 1, 2008, in the Fredericksburg VOC Emissions
Control Area.
9VAC5-40-7340. Test methods and procedures. (Repealed.)
A. The provisions of 9VAC5-40-30 (Emission testing) apply.
B. 1. Testing to determine compliance with the requirements
of this article shall be performed using CARB Method 310 (see 9VAC5-20-21).
Alternative methods that can accurately determine the concentration of VOCs in
a subject product or its emissions may be used consistent with the approval
requirements of 9VAC5-40-20 A 2.
2. In sections 3.5, 3.6, and 3.7 of CARB Method 310 (see
9VAC5-20-21), a process is specified for the "Initial Determination of VOC
Content" and the "Final Determination of VOC Content."
Information submitted to the board may be claimed as confidential; such
information will be handled in accordance with the confidentiality procedures
specified in §§ 10.1-1314 and 10.1-1314.1 of the Virginia Air Pollution Control
Law and 9VAC5-170-60.
C. For VOC content determinations using product formulation
and records, testing to determine compliance with the requirements of this
article may also be demonstrated through calculation of the VOC content from
records of the amounts of constituents used to make the product pursuant to the
following criteria:
1. 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 must be kept for at least three
years.
2. For the purposes of this subsection, the VOC content
shall be calculated according to the following equation:
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where
A = total net weight of unit (excluding container and packaging).
B = total weight of all VOCs per unit.
C = total weight of all exempted VOCs per unit, as
specified in 9VAC5-40-7250.
3. If product records appear to demonstrate compliance with
the VOC limits, but these records are contradicted by product testing performed
using CARB Method 310 (see 9VAC5-20-21), 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 article.
D. Testing to determine whether a product is a liquid or
solid shall be performed using ASTM "Standard Test Method for Determining
Whether a Material is a Liquid or a Solid" (see 9VAC5-20-21).
E. Testing to determine compliance with the certification
requirements for charcoal lighter material shall be performed using the
procedures specified in the South Coast Air Quality Management District Rule
1174 Ignition Method Compliance Certification Protocol (see 9VAC5-20-21).
F. Testing to determine distillation points of petroleum
distillate-based charcoal lighter materials shall be performed using ASTM
"Standard Test Method for Distillation of Petroleum Products at
Atmospheric Pressure" (see 9VAC5-20-21).
G. No person shall create, alter, falsify, or otherwise
modify records in such a way 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.
9VAC5-40-7350. Monitoring. (Repealed.)
The provisions of 9VAC5-40-40 (Monitoring) apply.
9VAC5-40-7360. Notification, records and reporting. (Repealed.)
A. The provisions of subsections D, E, F, and H of
9VAC5-40-50 (Notification, records and reporting) apply. The other provisions
of 9VAC5-40-50 do not apply.
B. Upon 90 days written notice, the board may require a
responsible party to report information for a consumer product the board may
specify, including, but not limited to, all or part of the following
information:
1. The name of the responsible party and the party's
address, telephone number, and designated contact person;
2. A claim of confidentiality made pursuant to applicable
state confidentiality requirements;
3. The product brand name for each consumer product subject
to registration and, upon request by the board, the product label;
4. The product category to which the consumer product
belongs;
5. The applicable product forms listed separately;
6. An identification of each product brand name and form as
a "Household Product," "I&I Product," or both;
7. Separate sales in pounds per year, to the nearest pound,
and the method used to calculate sales for each product form;
8. For registrations submitted by two companies, an
identification of the company which is submitting relevant data separate from
that submitted by the responsible party. All registration information from both
companies shall be submitted by the date specified in this subsection;
9. For each product brand name and form, the net percent by
weight of the total product, less container and packaging, composed of the
following, rounded to the nearest one-tenth of a percent (0.1%):
a. Total exempt compounds;
b. Total LVP-VOCs that are not fragrances;
c. Total all other carbon-containing compounds that are not
fragrances;
d. Total all noncarbon-containing compounds;
e. Total fragrance;
f. For products containing greater than 2.0% by weight
fragrance:
(1) The percent of fragrances that are LVP-VOCs; and
(2) The percent of fragrances that are all other
carbon-containing compounds;
g. Total paradichlorobenzene;
10. For each product brand name and form, the identity,
including the specific chemical name and associated Chemical Abstract Services
(CAS) number, of the following:
a. Each exempt compound; and
b. Each LVP-VOC that is not a fragrance;
11. If applicable, the weight percent composed of propellent
for each product;
12. If applicable, an identification of the type of
propellent.
C. In addition to the requirements of subdivision B 10 of
this section, the responsible party shall report to the board the net percent
by weight of each ozone-depleting compound which is:
1. Listed in 9VAC5-40-7270 H; and
2. Contained in a product subject to registration under
subsection A of this section in an amount greater than 1.0% by weight.
D. All information submitted by responsible parties
pursuant to this section shall be handled in accordance with the procedures
specified in §§ 10.1-1314 and 10.1-1314.1 of the Virginia Air Pollution Control
Law and 9VAC5-170-60.
E. Provisions follow concerning special reporting
requirements for consumer products that contain perchloroethylene or methylene
chloride.
1. The requirements of this subsection shall apply to all
responsible parties for consumer products that are subject to 9VAC5-40-7270 A
and contain perchloroethylene or methylene chloride. For the purposes of this
subsection, a product contains perchloroethylene or methylene chloride if the
product contains 1.0% or more by weight (exclusive of the container or packaging)
of either perchloroethylene or methylene chloride.
2. For each consumer product that contains perchloroethylene
or methylene chloride, the responsible party shall report the following
information for products sold during each calendar year, beginning with the
year of the applicable compliance date specified in 9VAC5-40-7330, and ending
with the year 2010:
a. The product brand name and a copy of the product label
with legible usage instructions;
b. The product category to which the consumer product belongs;
c. The applicable product form, listed separately;
d. For each product form listed in subdivision 2 c of this
subsection, the total sales during the calendar year, to the nearest pound
(exclusive of the container or packaging), and the method used for calculating
sales;
e. The weight percent, to the nearest 0.10%, of
perchloroethylene and methylene chloride in the consumer product;
3. The information specified in subdivision 2 of this
subsection shall be reported for each calendar year by March 1 of the following
year. The first report shall be due on March 1 of the calendar year following
the year of the applicable compliance date specified in 9VAC5-40-7330. A new
report is due on March 1 of each year thereafter, until March 1, 2011, when the
last report is due.