§ 130.202. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
ACP—Alternative Control Plan—An emissions averaging program approved by the Department under this subchapter.
ACP agreement—The document signed by the Department which includes the conditions and requirements of the ACP, and which allows manufacturers to sell ACP products in this Commonwealth under the requirements of this subchapter.
ACP emissions—
(i) The sum of the VOC emissions from every ACP product subject to an ACP Agreement approving an ACP, during the compliance period specified in the ACP agreement, expressed to the nearest pound of VOC and calculated according to the following equation:
ACP Emissions = (Emissions)1 + (Emissions)2
+ ... + (Emissions)N
(VOC Content) x (Enforceable Sales)
Emissions =
100
where,
(ii) For all products except charcoal lighter material products:
((B-C) x 100)
VOC Content (Percent) =
A
A = net weight of unit (excluding container and packaging)
B = total weight of all VOCs per unit, as defined in this section
C = total weight of all exempted VOCs per unit, as specified in this section
(iii) For charcoal lighter material products only:
(Certified Emissions x 100)
VOC Content =
Certified Use Rate
Certified Emissions = the emissions level for products approved by the Department under § 130.214 (relating to requirements for charcoal lighter materials), as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991), expressed to the nearest 0.001 pound CH2 per start.
Certified Use Rate = the usage level for products approved by the Department under § 130.214, as determined under ‘‘South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991),’’ expressed to the nearest 0.001 pound certified product used per start.
ACP limit—The maximum allowable ACP Emissions during the compliance period specified in an ACP Agreement approving an ACP, expressed to the nearest pound of VOC and calculated according to the following equation:
ACP Limit = (Limit)1 + (Limit)2 + ... + (Limit)N
where,
(ACP Standard) x (Enforceable Sales)
Limit =
100
Enforceable Sales = the total amount of an ACP product sold for use in this Commonwealth, during the applicable compliance period specified in the ACP Agreement approving an ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding container and packaging).
ACP Standard = either the ACP product’s Pre-ACP VOC Content, or the applicable VOC standard specified in § 130.211 (relating to table of standards), whichever is less.
Pre-ACP VOC Content = the lowest VOC content which the ACP product had between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Commonwealth, based on either the data on the product obtained from the March 12, 1991, CARB Consumer Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product (expressed as a percentage).
1,2, . . . N = each product in an ACP up to the maximum N.
ACP product—A consumer product subject to the VOC standards specified in § 130.211, except those products that have been exempted under § § 130.331—130.337 (relating to exemptions), or exempted as innovative products under § § 130.351 and 130.352 (relating to innovative products).
ACP reformulation or ACP reformulated—The process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level which is less than the current VOC content of the product.
ACP standard—The Pre-ACP VOC content of an ACP product or the applicable VOC standard specified in § 130.211, whichever is less.
ACP VOC standard—The maximum allowable VOC content for an ACP product, determined as follows:
(i) The applicable VOC Standard specified in § 130.211, for all ACP products except for charcoal lighter material.
(ii) For charcoal lighter material products only, the VOC Standard for the purposes of this section shall be calculated according to the following equation:
(0.020 pound CH2 per start x 100)
VOC Standard =
Certified Use Rate
where,
0.020 = the certification emissions level for the Department-approved product, as specified in § 130.214.
Certified Use Rate = the usage level for products approved by the Department under § 130.214, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991), expressed to the nearest 0.001 pound certified product used per start.
ASTM—The American Society for Testing and Materials.
Adhesive—A product that is used to bond one surface to another by attachment.
(i) The term does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or other products with an adhesive incorporated onto or in an inert substrate.
(ii) For contact adhesives, the term does not include aerosol adhesives or units of product, less packaging, which consist of more than 1 gallon.
(iii) For construction, panel and floor covering adhesive and general purpose adhesive, the term does not include aerosol adhesives or units of product which consist of more than 1 pound or 16 fluid ounces, less packaging.
Adhesive remover—A product designed exclusively for the removal of adhesives, caulk and other bonding materials from either a specific substrate or a variety of substrates.
Aerosol adhesive—An aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment.
Aerosol cooking spray—An aerosol product designed either to reduce sticking on cooking and baking surfaces or to be applied on food, or both.
Aerosol product—A pressurized spray system that dispenses product ingredients by means of a propellant or mechanically induced force. The term does not include pump sprays.
Agricultural use—The use of a pesticide or method or device for the control of pests in connection with the commercial production, storage or processing of an animal or plant crop. The term does not include the sale or use of pesticides in properly labeled packages or containers which are intended for the following uses:
(i) Home use. Use in a household or its immediate environment.
(ii) Structural pest control. A use requiring a license under the applicable State pesticide licensing requirement.
(iii) Industrial use. Use in a manufacturing, mining or chemical process or use in the operation of factories, processing plants and similar sites.
(iv) Institutional use. Use within the lines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums and office complexes.
Air freshener—A consumer product, including sprays, wicks, powders and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting or deodorizing the air.
(i) The term does not include:
(A) Products that are used on the human body.
(B) Products that function primarily as cleaning products.
(C) Disinfectant products claiming to deodorize by killing germs on surfaces.
(D) Institutional/industrial disinfectants when offered for sale solely through institutional and industrial channels of distribution.
(ii) The term includes spray disinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrial channels of distribution.
(iii) To determine whether a product is an air freshener, all verbal and visual representations regarding product use on the label or packaging and in the product’s literature and advertising may be considered. The presence of, and representations about, a product’s fragrance and ability to deodorize (resulting from surface application) does not constitute a claim of air freshening.
All other carbon-containing compounds—Compounds which contain at least one carbon atom and are not a ‘‘Table B’’ compound or a ‘‘LVP-VOC.’’
All other forms—Consumer product forms for which no form-specific VOC standard is specified in § § 130.211—130.216 (relating to standards). Unless specified otherwise by the applicable VOC standard, the term includes solids, liquids, wicks, powders, crystals and cloth or paper wipes (towelettes).
Antimicrobial hand or body cleaner or soap—
(i) A cleaner or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity. The term includes the following:
(A) Antimicrobial hand or body washes/cleaners.
(B) Foodhandler hand washes.
(C) Healthcare personnel hand washes.
(D) Preoperative skin preparations.
(E) Surgical scrubs.
(ii) The term does not include the following:
(A) Prescription drug products.
(B) Antiperspirants.
(C) Astringent/toner.
(D) Deodorant.
(E) Facial cleaner or soap.
(F) General-use hand or body cleaner or soap.
(G) Hand dishwashing detergent, including antimicrobial.
(H) Heavy-duty hand cleaner or soap.
(I) Medicated astringent/medicated toner.
(J) Rubbing alcohol.
Antiperspirant—A product, including aerosols, roll-ons, sticks, pumps, pads, creams and squeeze-bottles, that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20% in at least 50% of a target population.
Architectural coating—A coating applied to stationary structures and their appurtenances, to mobile homes, to pavements or to curbs.
Astringent/toner—A product not regulated as a drug by the United States Food and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. This category does not include:
(i) Hand, face or body cleaner or soap products.
(ii) Medicated astringent/medicated toner.
(iii) Cold cream.
(iv) Lotion.
(v) Antiperspirant.
Automotive brake cleaner—A cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.
Automotive hard paste wax—An automotive wax or polish which is:
(i) Designed to protect and improve the appearance of automotive paint surfaces.
(ii) A solid at room temperature.
(iii) 0% water by formulation.
Automotive instant detailer—A product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped off prior to the product being allowed to dry.
Automotive rubbing or polishing compound—A product designed primarily to remove oxidation, old paint, scratches or swirl marks, and other defects from the painted surfaces of motor vehicles without leaving a protective barrier.
Automotive wax, polish, sealant or glaze—A product designed to seal out moisture, increase gloss or otherwise enhance a motor vehicle’s painted surfaces.
(i) The term includes products designed for:
(A) Use in autobody repair shops and drive-through car washes.
(B) Use by the general public.
(ii) The term does not include:
(A) Automotive rubbing or polishing compounds.
(B) Automotive wash and wax products.
(C) Surfactant-containing car wash products.
(D) Products designed for use on unpainted surfaces such as bare metal, chrome, glass or plastic.
Automotive windshield washer fluid—A liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing or wetting the windshield. The term does not include fluids placed by the manufacturer in a new vehicle.
Bathroom and tile cleaner—A product designed to clean tile or surfaces in bathrooms. The term does not include products specifically designed to clean toilet bowls or toilet tanks.
Bug and tar remover—A product designed to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish:
(i) Biological-type residues such as insect carcasses and tree sap.
(ii) Road grime, such as road tar, roadway paint markings and asphalt.
Carburetor or fuel-injection air intake cleaners—A product designed to remove fuel deposits, dirt or other contaminants from a carburetor, choke, throttle body of a fuel-injection system or associated linkages. The term does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors.
Carpet and upholstery cleaner—A cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting and the interior of motor vehicles or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics.
(i) The term includes, but is not limited to, products that make fabric protectant claims.
(ii) The term does not include:
(A) General purpose cleaners, spot removers, vinyl or leather cleaners or dry cleaning fluids.
(B) Products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.
Charcoal lighter material—A combustible material designed to be applied on, incorporated in, added to or used with charcoal to enhance ignition. The term does not include the following:
(i) Electrical starters and probes.
(ii) Metallic cylinders using paper tinder.
(iii) Natural gas.
(iv) Propane.
(v) Fat wood.
Colorant—A pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.
Compliance period—The period of time, not to exceed 1 year, for which the ACP Limit and ACP Emissions are calculated and for which compliance with the ACP Limit is determined, as specified in the ACP agreement approving an ACP.
Construction, panel and floor covering adhesive—
(i) A one-component adhesive that is designed exclusively for the installation, remodeling, maintenance or repair of:
(A) Structural and building components that include, but are not limited to, the following:
(I) Beams.
(II) Trusses.
(III) Studs.
(IV) Paneling (drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, predecorated hardboard or tileboard, and the like).
(V) Ceiling and acoustical tile.
(VI) Molding, fixtures, countertops or countertop laminates, cove or wall bases and flooring or subflooring.
(B) Floor or wall coverings that include, but are not limited to, the following:
(I) Wood or simulated wood covering.
(II) Carpet, carpet pad or cushion, vinyl-backed carpet.
(III) Flexible flooring material.
(IV) Nonresilient flooring material.
(V) Mirror tiles and other types of tiles.
(VI) Artificial grass.
(ii) The term does not include floor seam sealer.
Consumer—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—
(i) A chemically formulated product used by household and institutional consumers including:
(A) Detergents.
(B) Cleaning compounds.
(C) Polishes.
(D) Floor finishes.
(E) Cosmetics.
(F) Personal care products.
(G) Home, lawn and garden products.
(H) Disinfectants.
(I) Sanitizers.
(J) Aerosol paints.
(K) Automotive specialty products.
(ii) The term does not include other paint products, furniture coatings or architectural coatings.
Contact adhesive—
(i) An adhesive that:
(A) Is designed for application to both surfaces to be bonded together.
(B) Is allowed to dry before the two surfaces are placed in contact with each other.
(C) Forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other.
(D) Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces.
(ii) The term does not include rubber cements that are primarily intended for use on paper substrates.
Container/packaging—The parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. The term includes an article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached.
Contact person—A representative that has been designated by the responsible ACP party for the purpose of reporting or maintaining information specified in the ACP agreement.
Crawling bug insecticide—An insecticide product that is designed for use against ants, cockroaches or other household crawling arthropods, including mites, silverfish or spiders. The term does not include products designed to be used exclusively on humans or animals, or house dust mite product. For the purposes of this definition only:
(i) House dust mite. Mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata and the family Pyroglyphidae.
(ii) House dust mite product. A product whose label, packaging or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches or other household crawling arthropods.
Date-code—The day, month and year on which the consumer product was manufactured, filled or packaged, or a code indicating such a date.
Deodorant—A product, including aerosols, roll-ons, sticks, pumps, pads, creams and squeeze-bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration.
Device—An instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling or mitigating a pest or other form of plant or animal life (other than man and other than bacteria, virus or other microorganism on or in living man or other living animals). The term does not include equipment used for the application of pesticides when sold separately.
Disinfectant—
(i) A product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi or viruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C.A. § § 136—136y).
(ii) The term does not include the following:
(A) Products designed solely for use on humans or animals.
(B) Products designed for agricultural use.
(C) Products designed solely for use in swimming pools, therapeutic tubs or hot tubs.
(D) Products which, as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners or metal polishes.
Distributor—A person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce. The term does not include manufacturers, retailers and consumers.
Double-phase aerosol air freshener—An aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion.
Dry cleaning fluid—
(i) A nonaqueous liquid product designed and labeled exclusively for use on:
(A) Fabrics which are labeled ‘‘for dry clean only,’’ such as clothing or drapery.
(B) ‘‘S-coded’’ fabrics.
(ii) The term includes, 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.
(iii) The term does not include spot remover or carpet and upholstery cleaner.
(iv) 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 Joint Industry Fabric Standards Committee.
Dusting aid—A product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating. The term does not include products that consist entirely of compressed gases for use in electronic or other specialty areas.
Electronic cleaner—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—The total amount of an ACP product sold for use in this Commonwealth during the applicable compliance period specified in the ACP agreement, as determined through enforceable sales records (expressed to the nearest pound, excluding product container and packaging).
Enforceable sales record—A written, point-of-sale record or other Department-approved system of documentation from which the mass, in pounds (less product container and packaging), of an ACP product sold to the end user in this Commonwealth during the applicable compliance period can be accurately documented. For the purposes of this subchapter, the term includes, but is not limited to, the following types of records:
(i) Accurate records of direct retail or other outlet sales to the end user during the applicable compliance period.
(ii) Accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period, provided that a detailed method which can be used to verify data comprising the summaries is submitted by the responsible ACP party and approved by the Department.
(iii) Other accurate product sales records approved by the Department as meeting the criteria specified in this definition.
Engine degreaser—A cleaning product designed to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.
Fabric protectant—A product designed to be applied to fabric substrates to protect the surface from soiling by dirt and other impurities or to reduce absorption of liquid into the fabric’s fibers. The term does not include waterproofers, products designed for use solely on leather or products designed for use solely on fabrics which are labeled ‘‘dry clean only’’ and sold in containers of 10 fluid ounces or less.
Facial cleaner or soap—A cleaner or soap designed primarily to clean the face. The term includes, but is not limited to, facial cleansing creams, gels, liquids, lotions and substrate-impregnated forms. The term does not include:
(i) Prescription drug products.
(ii) Antimicrobial hand or body cleaner or soap.
(iii) Astringent/toner.
(iv) General-use hand or body cleaner or soap.
(v) Medicated astringent/medicated toner.
(vi) Rubbing alcohol.
Fat wood—Pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling. The term does not include kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.
Flea and tick insecticide—An insecticide product that is designed for use against fleas, ticks, their larvae or their eggs. The term does not include products that are designed to be used exclusively on humans or animals and their bedding.
Flexible flooring material—Asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring.
Floor polish or wax—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. The term does not include:
(i) Spray buff products.
(ii) Products designed solely for the purpose of cleaning floors.
(iii) Floor finish strippers.
(iv) Products designed for unfinished wood floors.
(v) Coatings subject to architectural coatings regulations in this chapter.
Floor seam sealer—A product designed and labeled exclusively for bonding, fusing or sealing (coating) seams between adjoining rolls of installed flexible sheet flooring.
Floor wax stripper—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. The term does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion.
Flying bug insecticide—An insecticide product that is designed for use against flying insects or other flying arthropods, including mosquitoes, moths or gnats. The term does not include:
(i) Wasp and hornet insecticide.
(ii) Products that are designed to be used exclusively on humans or animals.
(iii) 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—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—A wax, polish, conditioner or other product designed for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors. The term does 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—A paint designed for application to room furnishings, including cabinets (kitchen, bath and vanity), tables, chairs, beds and sofas.
Gel—A colloid in which the dispersed phase has combined with the continuous phase to produce a semisolid material, such as jelly.
General purpose adhesive—A nonaerosol adhesive designed for use on a variety of substrates. The term does not include:
(i) Contact adhesives.
(ii) Construction, panel and floor covering adhesives.
(iii) Adhesives designed exclusively for application on one specific category of substrates (that is, substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers or vinyls).
(iv) Adhesives designed exclusively for use on one specific category of articles (that is, articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, weather-stripping or carpets).
General purpose cleaner—A product designed for general all-purpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations. The term 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—
(i) 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.
(ii) The term does not include engine degreaser, general purpose cleaner, adhesive remover, electronic cleaner, metal polish/cleanser, products used exclusively in solvent cleaning tanks or related equipment, or products that are:
(A) Sold exclusively to establishments that manufacture or construct goods or commodities.
(B) Labeled ‘‘not for retail sale.’’
(iii) Solvent cleaning tanks or related equipment including, but is not limited to:
(A) Cold cleaners.
(B) Vapor degreasers.
(C) Conveyorized degreasers.
(D) Film cleaning machines.
(E) Products designed to clean miscellaneous metallic parts by immersion in a container.
General-use hand or body cleaner or soap—A cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils.
(i) The term includes, but is not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower or bath gels and moisturizing cleaners or soaps.
(ii) The term does not include:
(A) Prescription drug products.
(B) Antimicrobial hand or body cleaner or soap.
(C) Astringent/toner.
(D) Facial cleaner or soap.
(E) Hand dishwashing detergent, including antimicrobial.
(F) Heavy-duty hand cleaner or soap.
(G) Medicated astringent/medicated toner.
(H) Rubbing alcohol.
Glass cleaner—A cleaning product designed primarily for cleaning surfaces made of glass. The term does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines.
Gross Pennsylvania sales—The estimated total sales in this Commonwealth of an ACP product 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 Department will provide an accurate Pennsylvania sales estimate:
(i) Apportionment of National or regional sales of the ACP product to Pennsylvania 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 this Commonwealth’s current population.
(ii) Another documented method which provides an accurate estimate of the total current Pennsylvania sales of the ACP product.
HVOC—High volatility organic compound—A volatile organic compound that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20°C.
Hair mousse—A hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.
Hair shine—A product designed for the primary purpose of creating a shine when applied to the hair. The term includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hair. The term does not include:
(i) Hair spray.
(ii) Hair mousse.
(iii) Hair styling gel or spray gel.
(iv) Products whose primary purpose is to condition or hold the hair.
Hair styling gel—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—A consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time.
Heavy-duty hand cleaner or soap—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. The term does not include:
(i) Prescription drug products.
(ii) Antimicrobial hand or body cleaner or soap.
(iii) Astringent/toner.
(iv) Facial cleaner or soap.
(v) General-use hand or body cleaner or soap.
(vi) Medicated astringent/medicated toner.
(vii) Rubbing alcohol.
Herbicide—A pesticide product designed to kill or retard a plant’s growth, but excludes products that are:
(i) For agricultural use.
(ii) Restricted materials that require a permit for use and possession.
Household product—A consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings.
Insecticide—A pesticide product that is designed for use against insects or other arthropods, but excluding products that are:
(i) For agricultural use.
(ii) For a use which requires a structural pest control license under applicable laws or regulations of the Commonwealth.
(iii) Restricted materials that require a permit for use and possession.
Insecticide fogger—An insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application.
Institutional product or industrial and institutional (I&I) product—
(i) A consumer product that is designed for use in the maintenance or operation of an establishment that:
(A) Manufactures, transports or sells goods or commodities, or provides services for profit.
(B) Is engaged in the nonprofit promotion of a particular public, educational or charitable cause.
(ii) Establishments include, but are not limited to, the following:
(A) Government agencies.
(B) Factories.
(C) Schools.
(D) Hospitals.
(E) Sanitariums.
(F) Prisons.
(G) Restaurants.
(H) Hotels.
(I) Stores.
(J) Automobile service and parts centers.
(K) Health clubs.
(L) Theaters.
(M) Transportation companies.
(iii) The term does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.
Lower vapor pressure (LVP) content—The total weight, in pounds, of LVP compounds in an ACP product multiplied by 100 and divided by the product’s total net weight (in pounds, excluding container and packaging), expressed as a percentage to the nearest 0.1.
Lower vapor pressure (LVP)-VOC—
(i) A chemical compound or mixture that contains at least one carbon atom and meets one of the following:
(A) Has a vapor pressure less than 0.1 mm Hg at 20°C, as determined by CARB Method 310.
(B) Is a chemical compound with more than 12 carbon atoms, or a chemical mixture comprised solely of compounds with more than 12 carbon atoms, and the vapor pressure is unknown.
(C) Is a chemical compound with a boiling point greater than 216°C, as determined by CARB Method 310.
(D) Is the weight percent of a chemical mixture that boils above 216°C, as determined by CARB Method 310.
(ii) For the purposes of this definition, chemical compound means a molecule of definite chemical formula and isomeric structure, and chemical mixture means a substance comprised of two or more chemical compounds.
Label—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—A product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness of laundry detergents or provides specialized performance, or both.
Laundry starch product—A product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and which may also act to help ease ironing of the fabric. The term includes, but is not limited to, fabric finish, sizing and starch.
Lawn and garden insecticide—An insecticide product designed primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods.
Liquid—A substance or mixture of substances that is capable of a visually detectable flow as determined under ASTM D-4359-90. The term does not include powders or other materials that are composed entirely of solid particles.
Lubricant—A product designed to reduce friction, heat, noise or wear between moving parts, or to loosen rusted or immovable parts or mechanisms. The term does not include:
(i) Automotive power steering fluids.
(ii) Products for use inside power generating motors, engines and turbines, and their associated power-transfer gearboxes.
(iii) Two cycle oils or other products designed to be added to fuels.
(iv) Products for use on the human body or animals.
(v) Products that are sold exclusively to establishments which manufacture or construct goods or commodities, and are labeled ‘‘not for retail sale.’’
MVOC—Medium volatility organic compound—A VOC that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20°C.
Manufacturer—A person who imports, manufactures, assembles, produces, packages, repackages or relabels a consumer product.
Medicated astringent/medicated toner—A product regulated as a drug by the FDA which is applied to the skin for the purpose of cleaning or tightening pores. The term includes, but is not limited to, clarifiers and substrate-impregnated products. The term does not include:
(i) Hand, face or body cleaner or soap products.
(ii) Astringent/toner.
(iii) Cold cream.
(iv) Lotion.
(v) Antiperspirants.
(vi) Products that must be purchased with a doctor’s prescription.
Metal polish/cleanser—A product designed primarily to improve the appearance of finished metal, metallic or metallized surfaces by physical or chemical action by removing or reducing stains, impurities or oxidation from surfaces or by making surfaces smooth and shiny. The term includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals. The term does not include:
(i) Automotive wax, polish, sealant or glaze.
(ii) Wheel cleaner.
(iii) Paint remover or stripper.
(iv) Products designed and labeled exclusively for automotive and marine detailing.
(v) Products designed for use in degreasing tanks.
Missing data days—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 Department, as specified in the ACP agreement.
Mist spray adhesive—An aerosol which 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.
Multipurpose dry lubricant—A lubricant which is:
(i) Designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide (moly) or polytetrafluoroethylene or closely related fluoropolymer (Teflon) on surfaces.
(ii) Designed for general purpose lubrication or for use in a wide variety of applications.
Multipurpose lubricant—A lubricant designed for general purpose lubrication or for use in a wide variety of applications. The term does not include:
(i) Multipurpose dry lubricants.
(ii) Penetrants.
(iii) Silicone-based multipurpose lubricants.
Multipurpose solvent—An organic liquid designed to be used for a variety of purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving other organic materials. The term includes solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories. The term does not include solvents used in:
(i) Cold cleaners.
(ii) Vapor degreasers.
(iii) Conveyorized degreasers.
(iv) Film cleaning machines.
(v) Solvents that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.
Nail polish—A clear or colored coating designed for application to the fingernails or toenails and including lacquers, enamels, acrylics, base coats and top coats.
Nail polish remover—A product designed to remove nail polish and coatings from fingernails or toenails.
Nonaerosol product—A consumer product that is not dispensed by a pressurized spray system.
Noncarbon containing compound—A compound that does not contain carbon atoms.
Nonresilient flooring—Flooring of a mineral content that is not flexible, including:
(i) Terrazzo.
(ii) Marble.
(iii) Slate.
(iv) Granite.
(v) Brick.
(vi) Stone.
(vii) Ceramic tile.
(viii) Concrete.
Nonselective terrestrial herbicide—A terrestrial herbicide product that is toxic to plants without regard to species.
One-product business—A responsible ACP party which sells, supplies, offers for sale or manufactures for use in this Commonwealth:
(i) Only one distinct ACP product, sold under one product brand name, which is subject to the requirements of § § 130.211—130.216.
(ii) Only one distinct ACP product line subject to the requirements of § § 130.211—130.216, in which all the ACP products belong to the same product category and the VOC contents in the products are within 98% and 102.0% of the arithmetic mean of the VOC contents over the entire product line.
Oven cleaner—A cleaning product designed to clean and to remove dried food deposits from oven walls.
Paint—A pigmented liquid or liquefiable or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.
Paint remover or stripper—A product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate. The term does not include:
(i) Multipurpose solvents.
(ii) Paint brush cleaners.
(iii) Products designed and labeled exclusively to remove graffiti.
(iv) Hand cleaner products that claim to remove paints and other related coatings from skin.
Penetrant—A lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation or other causes. The term does not include multi-purpose lubricants that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts.
Pesticide—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. The term does not include a substance, mixture of substances or device which the EPA does not consider to be a pesticide.
Pennsylvania sales—The sales (net pounds of product, less packaging and container, per year) in this Commonwealth for either the calendar year immediately prior to the year that the registration is due or, if that data is not available, a consecutive 12-month period commencing no earlier than 2 years prior to the due date of the registration. If direct sales data for this Commonwealth is not available, sales may be estimated by prorating National or regional sales data by population.
Plasticizer—A material, such as a high boiling point organic solvent, that is incorporated into a plastic to increase its flexibility, workability or distensibility, and may be determined by using ASTM Method E260-91 or from product formulation data.
Pre-ACP VOC Content—The lowest VOC content of an ACP product between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Department based on either the data on the product obtained from the March 12, 1991, CARB Consumer Products Survey or other accurate records available to the Department, whichever yields the lowest VOC content for the product.
Principal display panel or panels—The parts 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 of the principal display panels.
Product brand name—The name of the product exactly as it appears on the principal display panel of the product.
Product category—The applicable category that best describes the product as listed in this section.
Product line—A group of products of identical form and function belonging to the same product category.
Propellant—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—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—Providing sufficient VOC emission reductions to completely offset shortfalls generated under the ACP during an applicable compliance period.
Reconciliation of shortfalls plan—The plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the Department under § 130.458 (relating to reconciliation of shortfalls).
Responsible party—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 which the product was manufactured for or distributed by, as noted on the label.
Responsible ACP party—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 which the ACP product was manufactured for or distributed by, as noted on the label.
Restricted materials—Pesticides established as restricted materials under applicable laws or regulations of the Commonwealth.
Retailer—A person who sells, supplies or offers consumer products for sale directly to consumers.
Retail outlet—An establishment at which consumer products are sold, supplied or offered for sale directly to consumers.
Roll-on product—An antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.
Rubber and vinyl protectant—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. The term does not include products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing or protective substance on the tire.
Rubbing alcohol—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—A product with adhesive properties that is designed to fill, seal, waterproof or weatherproof gaps or joints between two surfaces.
(i) The term does not include:
(A) Roof cements and roof sealants.
(B) Insulating foams.
(C) Removable caulking compounds.
(D) Clear/paintable/water resistant caulking compounds.
(E) Floor seam sealers.
(F) Products designed exclusively for automotive uses.
(G) Sealers that are applied as continuous coatings.
(ii) The term also does not include units of product, less packaging, which weigh more than 1 pound and consist of more than 16 fluid ounces.
(iii) For the purposes of this definition only:
(A) ‘‘Removable caulking compounds’’ means a compound which temporarily seals windows or doors for 3 to 6 month time intervals.
(B) ‘‘Clear/paintable/water resistant caulking compounds’’ means a compound which contains no appreciable level of opaque fillers or pigments; transmits most or all visible light through the caulk when cured; is paintable; and is immediately resistant to precipitation upon application.
Semisolid—A product that, at room temperature, will not pour, but will spread or deform easily, including gels, pastes and greases.
Shaving cream—An aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial or other bodily hair.
Shortfall—The ACP emissions minus the ACP limit when the ACP emissions were greater than the ACP limit during a specified compliance period, expressed to the nearest pound of VOC. The term does not include emissions occurring prior to the date that the ACP agreement approving an ACP is signed by the Department.
Silicone-based multipurpose lubricant—
(i) A lubricant which is:
(A) Designed and labeled to provide lubricity primarily through the use of silicone compounds, including polydimethylsiloxane.
(B) Designed and labeled for general purpose lubrication, or for use in a wide variety of applications.
(ii) The term does not include products designed and labeled exclusively to release manufactured products from molds.
Single-phase aerosol air freshener—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.
Solid—A substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D-4359-90.
Special purpose spray adhesive—
(i) An aerosol adhesive that meets one or more of the following definitions:
(A) Mounting adhesive. An aerosol adhesive designed to permanently mount photographs, artwork and other drawn or printed media to a backing (paper, board, cloth, and the like) without causing discoloration to the artwork.
(B) Flexible vinyl adhesive. An aerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least 5%, by weight, of plasticizer content.
(C) Polystyrene foam adhesive. An aerosol adhesive designed to bond polystyrene foam to substrates.
(D) Automobile headliner adhesive. An aerosol adhesive designed to bond together layers in motor vehicle headliners.
(E) Polyolefin adhesive. An aerosol adhesive designed to bond polyolefins to substrates.
(F) Laminate repair/edgebanding adhesive. An aerosol adhesive designed for:
(I) The touch-up or repair of items laminated with high pressure laminates (for example-lifted edges, delaminates, and the like).
(II) The touch-up, repair or attachment of edgebanding materials, including other laminates, synthetic marble, veneers, wood molding and decorative metals.
(G) High pressure laminate. Sheet materials which consist of paper, fabric or other core material that have been laminated at temperatures exceeding 265°F, and at pressures between 1,000 and 1,400 psi.
(H) Automotive engine compartment adhesive. An aerosol adhesive designed for use in motor vehicle under-the-hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures of 200—275°F.
Spot remover—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. The term does not include:
(i) Dry cleaning fluid.
(ii) Laundry prewash.
(iii) Carpet and upholstery cleaner.
(iv) Multipurpose solvent.
Spray buff product—A product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.
Stick product—An antiperspirant or 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—An adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM-A-181 (Type 1, Grade A) and MIL-A-4605 (Type A, Grade A and Grade C). This definition is as per the Federal Consumer Products Regulation in 40 CFR 59 Subpart C.
Surplus reduction—The ACP limit minus the ACP emissions when the ACP Limit was greater than the ACP emissions during a given compliance period, expressed to the nearest pound of VOC. Except as provided in § 130.457 (relating to limited-use surplus reduction credits for early reformulations of ACP products), the term does not include emissions occurring prior to the date that the ACP agreement is signed by the Department.
Surplus trading—The buying, selling or transfer of surplus reductions between responsible ACP parties.
TMHE—Total maximum historical emissions—The total VOC emissions from all ACP products for which the responsible ACP party has failed to submit the required VOC content or enforceable sales records. The TMHE shall be calculated for each ACP product during each portion of a compliance period for which the responsible ACP has failed to provide the required VOC content or enforceable sales records. The TMHE shall be expressed to the nearest pound and calculated according to the following calculation:
TMHE = (MHE)1 + (MHE)2 + . . . + (MHE)N
where,
Highest VOC Content x
Highest Sales
MHE = (
) x Missing Data Days
100 x 365
Highest VOC Content = the maximum VOC content which the ACP product has contained in the previous 5 years, if the responsible ACP party has failed to meet the requirements for reporting VOC content data (for a portion of the compliance period), as specified in the ACP agreement approving the ACP, or the current actual VOC content, if the responsible ACP party has provided all required VOC content data (for the entire compliance period), as specified in the ACP agreement expressed as a percentage.
Highest Sales = the maximum 1-year gross Pennsylvania sales of the ACP product in the previous 5 years, if the responsible ACP party has failed to meet the requirements for reporting enforceable sales records (for a portion of the compliance period), as specified in the ACP agreement approving the ACP, or the current actual 1-year enforceable sales for the product, if the responsible ACP party has provided all required enforceable sales records (for the entire compliance period), as specified in the ACP agreement approving the ACP.
Missing Data = the number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sales or VOC content data as specified in the ACP agreement approving an ACP.
1, 2, . . . , N = each product in an ACP, up to the maximum N, for which the responsible ACP party has failed to submit the required enforceable sales or VOC content data as specified in the ACP agreement approving an ACP.
Table B compound—A carbon-containing compound listed as an exception to the definition of VOC in section 94508 of the CCR.
Terrestrial—To live on or grow from land.
Tire sealant and inflation—A pressurized product that is designed to temporarily inflate and seal a leaking tire.
Type A propellant—A compressed gas such as CO2, N2, N2O or compressed air which 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—A halocarbon which is used as a propellant, including:
(i) Chlorofluorocarbons (CFCs).
(ii) Hydrochlorofluorocarbons (HCFCs).
(iii) Hydrofluorocarbons (HFCs).
Type C propellant—A propellant which is not a Type A or Type B propellant, including propane, isobutane, n-butane and dimethyl ether (also known as dimethyl oxide).
Undercoating—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. The term includes, but is not limited to, rubberized, mastic or asphaltic products.
Usage directions—The text or graphics on the product’s principal display panel, label or accompanying literature that describes to the end user how and in what quantity the product is to be used.
VOC content—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 under § 130.431 (relating to testing for compliance).
For charcoal lighter material products only,
(Certified Emissions x 100)
VOC Content =
Certified Use Rate
Certified Emissions = the emissions level for products approved by the Department under § 130.214, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991), expressed to the nearest 0.001 pound CH2 per start.
Certified Use Rate = the usage level for products approved by the Department under § 130.214, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 27, 1991), expressed to the nearest 0.001 pound certified product used per start.
Wasp and hornet insecticide—An insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects or their hiding place.
Waterproofer—A product designed and labeled exclusively to repel water from fabric or leather substrates. The term does not include fabric protectants.
Wax—A material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high molecular weight polymers (plastics). The term includes:
(i) Substances derived from the secretions of plants and animals such as carnuba wax and beeswax.
(ii) Substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.
Web spray adhesive—An aerosol adhesive which is not a mist spray or special purpose spray adhesive.
Wood floor wax—Wax-based products for use solely on wood floors.
Working day—A day from Monday through Friday, inclusive, except for days that are Federal or State holidays.
Cross References