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-The sum of the VOC
emissions from every ACP product subject to an ACP agreement, during the
compliance period specified in the ACP agreement, expressed to the nearest
pound of VOC and calculated according to the following equation:
ACP Emissions =
(Emissions)1 + (Emissions)2 + . .
. + (Emissions)N
where,
(i)
|
(VOC content) × (Enforceable
sales)
|
|
Emissions
|
=
|
__________________
|
|
100
|
(ii) 1,2, . . . N = each product in an ACP up
to the maximum N.
ACP limit-The maximum allowable ACP
emissions during the compliance period specified in an ACP agreement, expressed
to the nearest pound of VOC and calculated according to the following
equation:
ACP limit = (Limit)1 +
(Limit)2 + . . . +
(Limit)N
where,
(ACP standard) x (Enforceable sales)
(i)
|
(ACP standard) × (Enforceable
sales)
|
|
Limit
|
=
|
__________________
|
|
100
|
(ii) 1,2, . . . N = each product in an ACP up
to the maximum N.
ACP product-A consumer product
subject to the VOC standards specified in §
130.211 (relating to table of
standards), except those products that have been exempted under §§
130.331-130.338 (relating to exemptions),
or exempted as innovative products under §§
130.351 and
130.352 (relating to innovative
products).
ACP 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 charcoal lighter material products.
(ii) For charcoal lighter material products
only, the VOC standard for the purposes of this subchapter shall be calculated
according to the following equation:
|
(0.020 pound CH2 per start ×
100)
|
|
VOC standard
|
=
|
__________________
|
|
Certified use rate
|
where,
0.020 = the certification emissions level for the
Department-approved product, as specified in §
130.214.
ASTM-ASTM International, formerly
the American Society for Testing and Materials.
Adhesive-A product that is used to
bond one surface to another by attachment.
(i) The term includes caulks, sealants, glues
and similar substances used for the purpose of forming a bond.
(ii) The term does not include products used
on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners or
other products with an adhesive incorporated onto or in an inert
substrate.
Adhesive remover-
(i) A product designed to remove adhesive
from either a specific substrate or a variety of substrates.
(ii) The term does not include products that
remove adhesives intended exclusively for use on humans or animals.
Aerosol adhesive-
(i) An aerosol product in which the spray
mechanism is permanently housed in a nonrefillable can designed for hand-held
application without the need for ancillary hoses or spray equipment.
(ii) The term includes the following:
(A) Special purpose spray adhesive.
(B) Mist spray adhesive.
(C) Web spray adhesive.
Aerosol coating product-A
pressurized coating product containing pigments or resins that dispenses
product ingredients by means of a propellant and is packaged in a disposable
can designed for hand-held application or for use in specialized equipment for
ground traffic marking applications.
Aerosol cooking spray-An aerosol
product designed either to reduce sticking on cooking and baking surfaces or to
be applied on food, or both.
Aerosol product-
(i) A pressurized spray system that dispenses
product ingredients by means of a propellant contained in the product or the
product's container or by means of a mechanically induced force.
(ii) The term does not include pump
sprays.
Agricultural use-
(i) The use of a pesticide or method or
device for the control of pests in connection with the commercial production,
storage or processing of an animal or plant crop.
(ii) The term does not include the sale or
use of pesticides in properly labeled packages or containers which are intended
for the following uses:
(A)
Home
use. Use in a household or its immediate environment.
(B)
Structural pest control.
A use requiring a license under the applicable State pesticide licensing
requirement.
(C)
Industrial
use. Use for or in a manufacturing, mining or chemical process or use
in the operation of factories, processing plants and similar sites.
(D)
Institutional use. Use
within the lines of, or on property necessary for the operation of buildings
such as hospitals, schools, libraries, auditoriums and office
complexes.
Air freshener-A consumer product,
including sprays, wicks, powders and crystals, designed for the purpose of
masking odors, or freshening, cleaning, scenting or deodorizing the air.
(i) The term does not include the following:
(A) Products that are used on the human
body.
(B) Products that function
primarily as cleaning products, as indicated on a product label.
(C) Disinfectant products claiming to
deodorize by killing germs on surfaces.
(D) Institutional/industrial disinfectants
when offered for sale solely through institutional and industrial channels of
distribution.
(E) Toilet/urinal
care products.
(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 §§
130.211-130.217 (relating to standards).
Unless specified otherwise by the applicable VOC standard, the term includes
solids, liquids, wicks, powders, crystals and cloth or paper wipes
(towelettes).
Antimicrobial hand or body
cleaner or soap-
(i) A cleaner or soap which is designed to
reduce the level of microorganisms on the skin through germicidal activity. The
term includes the following:
(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.
Antistatic product-
(i) A product that is labeled to eliminate,
prevent or inhibit the accumulation of static electricity.
(ii) The term does not include the following:
(A) Electronic cleaner.
(B) Floor polish or wax.
(C) Floor coating.
(D) Aerosol coating product.
(E) Architectural coating.
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 the following:
(i) Hand, face or body cleaner or soap
products.
(ii) Medicated
astringent/medicated toner.
(iii)
Cold cream.
(iv) Lotion.
(v) Antiperspirant.
Automotive brake cleaner-A cleaning
product designed to remove oil, grease, brake fluid, brake pad material or dirt
from motor vehicle brake mechanisms.
Automotive hard paste wax-An
automotive wax or polish which is:
(i)
Designed to protect and improve the appearance of automotive paint
surfaces.
(ii) A solid at room
temperature.
(iii) 0% water by
formulation.
Automotive instant detailer-A
product designed for use in a pump spray that is applied to the painted surface
of automobiles and wiped off prior to the product being allowed to dry.
Automotive rubbing or polishing
compound-A product designed primarily to remove oxidation, old paint,
scratches or swirl marks, and other defects from the painted surfaces of motor
vehicles without leaving a protective barrier.
Automotive wax, polish, sealant or
glaze-A product designed to seal out moisture, increase gloss or
otherwise enhance a motor vehicle's painted surfaces.
(i) The term includes products designed for:
(A) Use in autobody repair shops and
drive-through car washes.
(B) Use
by the general public.
(ii) The term does not include the following:
(A) Automotive rubbing or polishing
compounds.
(B) Automotive wash and
wax products.
(C)
Surfactant-containing car wash products.
(D) Products designed for use on unpainted
surfaces such as bare metal, chrome, glass or plastic.
Automotive windshield washer
fluid-
(i) A liquid designed
for use in a motor vehicle windshield washer system either as an antifreeze or
for the purpose of cleaning, washing or wetting the windshield.
(ii) The term does not include fluids placed
by the manufacturer in a new vehicle.
Bathroom and tile cleaner-
(i) A product designed to clean tile or
surfaces in bathrooms.
(ii) The term
does not include products designed primarily to clean toilet bowls, toilet
tanks or urinals.
Bug and tar remover-A product
labeled to remove either or both of the following from painted motor vehicle
surfaces without causing damage to the finish:
(i) Biological-type residues such as insect
carcasses and tree sap.
(ii) Road
grime such as road tar, roadway paint markings and asphalt.
Carburetor or fuel-injection air intake
cleaners-
(i) A product
designed to remove fuel deposits, dirt or other contaminants from a carburetor,
choke, throttle body of a fuel-injection system or associated
linkages.
(ii) The term does not
include products designed exclusively to be introduced directly into the fuel
lines or fuel storage tank prior to introduction into the carburetor or fuel
injectors.
Carpet and upholstery cleaner-A
cleaning product designed for the purpose of eliminating dirt and stains on
rugs, carpeting and the interior of motor vehicles or on household furniture or
objects upholstered or covered with fabrics such as wool, cotton, nylon or
other synthetic fabrics.
(i) The term
includes products that make fabric protectant claims.
(ii) The term does not include the following:
(A) General purpose cleaner.
(B) Spot remover.
(C) Vinyl or leather cleaner.
(D) Dry cleaning fluids.
(E) Products designed exclusively for use at
industrial facilities engaged in furniture or carpet manufacturing.
Certified emissions-The emissions
level for products approved by the Department under §
130.214 (relating to requirements
for charcoal lighter material products), as determined under South Coast Air
Quality Management District Rule 1174 Ignition Method Compliance Certification
Protocol (February 27, 1991), including subsequent amendments, expressed to the
nearest 0.001 pound CH2 per start.
Certified use rate-The usage level
for products approved by the Department under §
130.214, as determined under South
Coast Air Quality Management District Rule 1174 Ignition Method Compliance
Certification Protocol (February 27, 1991), including subsequent amendments,
expressed to the nearest 0.001 pound certified product used per start.
Charcoal lighter material-
(i) A combustible material designed to be
applied on, incorporated in, added to or used with charcoal to enhance
ignition.
(ii) The term does not
include the following:
(A) Electrical starters
and probes.
(B) Metallic cylinders
using paper tinder.
(C) Natural
gas.
(D) Propane.
(E) Fat wood.
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.
Construction, panel and floor covering
adhesive-
(i) A one-component
adhesive that is designed exclusively for the installation, remodeling,
maintenance or repair of:
(A) Structural and
building components that include the following:
(I) Beams.
(II) Trusses.
(III) Studs.
(IV) Paneling (drywall or drywall laminates,
fiberglass reinforced plastic (FRP), plywood, particle board, insulation board,
predecorated hardboard or tileboard, and the like).
(V) Ceiling and acoustical tile.
(VI) Molding, fixtures, countertops or
countertop laminates, cove or wall bases and flooring or subflooring.
(B) Floor or wall coverings that
include, but are not limited to, the following:
(I) Wood or simulated wood
covering.
(II) Carpet, carpet pad
or cushion, vinyl-backed carpet.
(III) Flexible flooring material.
(IV) Nonresilient flooring
material.
(V) Mirror tiles and
other types of tiles.
(VI)
Artificial grass.
(ii) The term does not include the following:
(A) Floor seam sealer.
(B) Units of product that weigh more than 1
pound and consist of more than 16 fluid ounces, less packaging.
Consumer-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 the following:
(A) Detergents.
(B) Cleaning compounds.
(C) Polishes.
(D) Floor finishes.
(E) Cosmetics.
(F) Personal care products.
(G) Home, lawn and garden products.
(H) Disinfectants.
(I) Sanitizers.
(J) Aerosol paints.
(K) Automotive specialty products.
(L) Aerosol adhesives, including aerosol
adhesives used for consumer, industrial or commercial uses.
(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 the following:
(A)
Rubber cements that are primarily intended for use on paper
substrates.
(B) Vulcanizing fluids
that are designed and labeled for tire repair only.
(C) Units of product, less packaging, that
consist of more than 1 gallon.
Contact adhesive-general purpose-A
contact adhesive that is not a "contact adhesive-special purpose."
Contact adhesive-special purpose-A
contact adhesive that is used for either of the following:
(i) To bond melamine-covered board, unprimed
metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene,
rubber, high pressure laminate or wood veneer 1/16 inch or less in thickness to
a porous or nonporous surface, and is sold in units of product, less packaging,
that contain more than 8 fluid ounces.
(ii) In automotive applications that are
either of the following:
(A) Automotive
under-the-hood applications requiring heat, oil or gasoline
resistance.
(B) Attachment of
body-side molding, automotive weatherstrip or decorative trim.
Container/packaging-
(i) The parts of the consumer or
institutional product which serve only to contain, enclose, incorporate,
deliver, dispense, wrap or store the chemically formulated substance or mixture
of substances which is solely responsible for accomplishing the purposes for
which the product was designed or intended.
(ii) The term includes an article onto or
into which the principal display panel and other accompanying literature or
graphics are incorporated, etched, printed or attached.
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-
(i) An insecticide product that is designed
for use against ants, cockroaches or other household crawling arthropods,
including mites, silverfish or spiders.
(ii) The term does not include products
designed to be used exclusively on humans or animals, or house dust mite
product. For the purposes of this definition only:
(A)
House dust mite. Mites
which feed primarily on skin cells shed in the home by humans and pets and
which belong to the phylum Arthropoda, the subphylum Chelicerata, the class
Arachnida, the subclass Acari, the order Astigmata and the family
Pyroglyphidae.
(B)
House
dust mite product. A product whose label, packaging or accompanying
literature states that the product is suitable for use against house dust
mites, but does not indicate that the product is suitable for use against ants,
cockroaches or other household crawling arthropods.
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-For products manufactured
as follows:
(i) Before January 1, 2009,
a product, including aerosols, roll-ons, sticks, pumps, pads, creams and
squeeze-bottles, that is intended by the manufacturer to be used to minimize
odor in the human axilla by retarding the growth of bacteria which cause the
decomposition of perspiration.
(ii)
On or after January 1, 2009, a product, including aerosols, roll-ons, sticks,
pumps, pads, creams and squeeze-bottles, that indicates or depicts on the
container or packaging, or on a sticker or label affixed to the container or
packaging, that the product can be used on or applied to the human axilla to
provide a scent or minimize odor. The term includes a deodorant body spray
product that indicates or depicts on the container or packaging, or on a
sticker or label affixed to the container or packaging, that it can be used on
or applied to the human axilla.
Deodorant body spray-For products
manufactured as follows:
(i) Before
January 1, 2009, a personal fragrance product with 20% or less fragrance by
weight.
(ii) On or after January 1,
2009, a personal fragrance product with 20% or less fragrance by weight, that
is designed for application all over the human body to provide a scent. The
term includes a deodorant product that indicates or depicts on the container or
packaging, or on a sticker or label affixed to the container or packaging, that
it can be used on or applied to the human axilla.
Device-
(i) An instrument or contrivance (other than
a firearm) which is designed for trapping, destroying, repelling or mitigating
a pest or other form of plant or animal life (other than humans and other than
bacteria, viruses or other microorganisms on or in living humans or living
animals).
(ii) The term does not
include equipment used for the application of pesticides when sold
separately.
Disinfectant-
(i) A product intended to destroy or
irreversibly inactivate infectious or other undesirable bacteria, pathogenic
fungi or viruses on surfaces or inanimate objects and whose label is registered
under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA)
(7 U.S.C.A. §§
136 -
136y).
(ii) The term does not include the following:
(A) Products designed solely for use on
humans or animals.
(B) Products
designed for agricultural use.
(C)
Products designed solely for use in swimming pools, therapeutic tubs or hot
tubs.
(D) Products which, as
indicated on the principal display panel or label, are designed primarily for
use as bathroom and tile cleaners, glass cleaners, general purpose cleaners,
toilet bowl cleaners or metal polishes.
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 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-
(i) A product designed to assist in removing
dust and other soils from floors and other surfaces without leaving a wax or
silicone based coating.
(ii) The
term does not include pressurized gas duster.
Electrical cleaner-
(i) A product labeled to remove heavy soils
like grease, grime or oil from electrical equipment, including electric motors,
armatures, relays, electric panels and generators.
(ii) The term does not include the following:
(A) General purpose cleaner.
(B) General purpose degreaser.
(C) Dusting aid.
(D) Electronic cleaner.
(E) Energized electrical cleaner.
(F) Pressurized gas duster.
(G) Engine degreaser.
(H) Antistatic product.
(I) Products designed to clean the casings or
housings of electrical equipment.
Electronic cleaner-
(i) A product labeled for the removal of
dirt, moisture, dust, flux or oxides from the internal components of electronic
or precision equipment, including circuit boards and the internal components of
electronic devices, including the following:
(A) Radios.
(B) Compact disc (CD) players.
(C) Digital video disc (DVD)
players.
(D) Computers.
(ii) The term does not include the
following:
(A) General purpose
cleaner.
(B) General purpose
degreaser.
(C) Dusting
aid.
(D) Pressurized gas
duster.
(E) Engine
degreaser.
(F) Electrical
cleaner.
(G) Energized electrical
cleaner.
(H) Antistatic
product.
(I) Products designed to
clean the casings or housings of electronic equipment.
Energized electrical cleaner-
(i) A product that meets both of the
following:
(A) The product is labeled to clean
or degrease electrical equipment, where cleaning or degreasing is accomplished
when electrical current exists, or when there is a residual electrical
potential from a component, such as a capacitor.
(B) The product label clearly states that the
product is for energized equipment use only and is not to be used for motorized
vehicle maintenance or maintenance of motorized vehicle parts.
(ii) The term does not include
electronic cleaner.
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 the following types of records:
(i) Accurate records of direct retail or
other outlet sales to the end user during the applicable compliance
period.
(ii) Accurate compilations,
made by independent market surveying services, of direct retail or other outlet
sales to the end users for the applicable compliance period, provided that a
detailed method which can be used to verify data comprising the summaries is
submitted by the responsible ACP party and approved by the
Department.
(iii) Other accurate
product sales records approved by the Department as meeting the criteria
specified in this definition.
Engine degreaser-A cleaning product
designed to remove grease, grime, oil and other contaminants from the external
surfaces of engines and other mechanical parts.
Existing product-A formulation of
the same product category and form sold, supplied, manufactured or offered for
sale in this Commonwealth prior to January 1, 2005, or a subsequently
introduced identical formulation.
Fabric protectant-
(i) A product designed to be applied to
fabric substrates to protect the surface from soiling by dirt and other
impurities or to reduce absorption of liquid into the fabric's
fibers.
(ii) The term does not
include the following:
(A)
Waterproofers.
(B) Products
designed for use solely on leather.
(C) Products designed for use solely on
fabrics which are labeled "dry clean only" and sold in containers of 10 fluid
ounces or less.
Fabric refresher-
(i) A product labeled to neutralize or
eliminate odors on nonlaundered fabric, including the following fabrics:
(A) Soft household surfaces.
(B) Rugs.
(C) Carpeting.
(D) Draperies.
(E) Bedding.
(F) Automotive interiors.
(G) Footwear.
(H) Athletic equipment.
(I) Clothing.
(J) Household furniture or objects
upholstered or covered with fabrics including wool, cotton or nylon.
(ii) The term does not include the
following:
(A) Antistatic product.
(B) Carpet and upholstery cleaner.
(C) Soft household surface
sanitizer.
(D) Footwear or leather
care product.
(E) Spot
remover.
(F)
Disinfectant.
(G) Products labeled
for application to both fabric and human skin.
(iii) For the purposes of this definition,
"soft household surface sanitizer" means a product labeled to neutralize or
eliminate odors on surfaces listed in subparagraph (i) and the label for which
is registered as a sanitizer under the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA).
Facial cleaner or
soap-A cleaner or soap designed primarily to clean the
face.
(i) The term includes the
following:
(A) Facial cleansing
cream.
(B) Semisolid.
(C) Liquid.
(D) Lotion.
(E) Substrate-impregnated forms.
(ii) The term does not include the
following:
(A) Prescription drug
products.
(B) Antimicrobial hand or
body cleaner or soap.
(C)
Astringent/toner.
(D) General-use
hand or body cleaner or soap.
(E)
Medicated astringent/medicated toner.
(F) Rubbing alcohol.
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-
(i) An insecticide product that is designed
for use against fleas, ticks, their larvae or their eggs.
(ii) The term does not include products that
are designed to be used exclusively on humans or animals and their
bedding.
Flexible flooring material-Asphalt,
cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite
flooring.
Floor and wall covering adhesive
remover-A product designed or labeled to remove floor or wall covering
and associated adhesive from the underlying substrate.
Floor coating-An opaque coating that
is designed and labeled for application to flooring, including the
following:
(i) Decks.
(ii) Porches.
(iii) Steps.
(iv) Other horizontal surfaces which may be
subject to foot traffic.
Floor polish or
wax-
(i) A wax, polish
or other product designed to polish, protect or enhance floor surfaces by
leaving a protective coating that is designed to be periodically
replenished.
(ii) The term does not
include the following:
(A) Spray buff
products.
(B) Products designed
solely for the purpose of cleaning floors.
(C) Floor finish strippers.
(D) Products designed for unfinished wood
floors.
(E) Coatings subject to
architectural coatings regulations in this chapter.
Floor seam sealer-A product designed
and labeled exclusively for bonding, fusing or sealing (coating) seams between
adjoining rolls of installed flexible sheet flooring.
Floor wax stripper-
(i) A product designed to remove natural or
synthetic floor polishes or waxes through breakdown of the polish or wax
polymers, or by dissolving or emulsifying the polish or wax.
(ii) The term does not include the following:
(A) Aerosol floor wax stripper.
(B) Products designed to remove floor wax
solely through abrasion.
Flying bug insecticide-An
insecticide product that is designed for use against flying insects or other
flying arthropods, including mosquitoes, moths or gnats.
(i) The term does not include the following:
(A) Wasp and hornet insecticide.
(B) Products that are designed to be used
exclusively on humans or animals.
(C) A moth-proofing product.
(ii) For the purposes of this
definition, "moth-proofing product" means a product whose label, packaging or
accompanying literature indicates that the product is designed to protect
fabrics from damage by moths, but does not indicate that the product is
suitable for use against flying insects or other flying arthropods.
Footwear or leather care
product-
(i) A product
designed or labeled to be applied to footwear or to other leather articles or
components, to maintain, enhance, clean, protect or modify the appearance,
durability, fit or flexibility of the footwear or leather article or component.
Footwear includes both leather and nonleather foot apparel.
(ii) The term does not include the following:
(A) Fabric protectant.
(B) General purpose adhesive.
(C) Contact adhesive.
(D) Vinyl/fabric/leather/polycarbonate
coating.
(E) Rubber and vinyl
protectant.
(F) Fabric
refresher.
(G) Products used solely
for deodorizing.
(H) Sealant
products with adhesive properties used to create external protective layers
greater than 2 millimeters thick.
Fragrance-A substance or complex
mixture of aroma chemicals, natural essential oils and other functional
components with a combined vapor pressure not in excess of 2 mm of Mercury at
20° C, the sole purpose of which is to impart an odor or scent, or to
counteract a malodor.
Furniture coating-A paint designed
for application to room furnishings, including cabinets (kitchen, bath and
vanity), tables, chairs, beds and sofas.
Furniture maintenance
product-
(i) A wax, polish,
conditioner or other product designed for the purpose of polishing, protecting
or enhancing finished wood surfaces other than floors.
(ii) The term does not include the following:
(A) Dusting aids.
(B) Wood cleaner.
(C) Products designed solely for the purpose
of cleaning.
(D) Products designed
to leave a permanent finish, including stains, sanding sealers and
lacquers.
Gasket adhesive or thread
locking adhesive remover-
(i)
A product designed or labeled to remove gasket or thread locking
adhesives.
(ii) The term includes
products labeled for dual use as a paint stripper and gasket adhesive remover
or thread locking adhesive remover.
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-
(i) A nonaerosol adhesive designed for use on
a variety of substrates.
(ii) The
term does not include the following:
(A)
Contact adhesive.
(B) Construction,
panel and floor covering adhesive.
(C) Adhesives designed exclusively for
application on one specific category of substrates (that is, substrates that
are composed of similar materials, such as different types of metals, paper
products, ceramics, plastics, rubbers or vinyls).
(D) Adhesives designed exclusively for use on
one specific category of articles (that is, articles that may be composed of
different materials but perform a specific function, such as gaskets,
automotive trim, weather-stripping or carpets).
(E) Units of product that weigh more than 1
pound and consist of more than 16 fluid ounces, less packaging.
General purpose adhesive remover-A
product designed or labeled to remove cyanoacrylate adhesives as well as
nonreactive adhesives or residue from a variety of substrates.
(i) The term includes products that remove
the following:
(A) Thermoplastic
adhesives.
(B) Pressure sensitive
adhesives.
(C) Dextrine or
starchbased adhesives.
(D) Casein
glues.
(E) Rubber or latex-based
adhesives.
(F) Stickers, decals,
stencils or similar materials.
(ii) The term does not include floor and wall
covering adhesive remover.
General purpose cleaner-A product
designed for general all-purpose cleaning, in contrast to cleaning products
designed to clean specific substrates in certain situations.
(i) The term includes products designed for
general floor cleaning or kitchen or countertop cleaning and cleaners designed
to be used on a variety of hard surfaces.
(ii) The term does not include general
purpose degreaser and electronic cleaner.
General purpose degreaser-A product
labeled to remove or dissolve grease, grime, oil and other oil-based
contaminants from a variety of substrates, including automotive or
miscellaneous metallic parts.
(i) The
term does not include the following:
(A)
Engine degreaser.
(B) General
purpose cleaner.
(C) Adhesive
remover.
(D) Electrical
cleaner.
(E) Electronic
cleaner.
(F) Energized electrical
cleaner.
(G) Metal
polish/cleanser.
(H) Products used
exclusively in solvent cleaning tanks or related equipment.
(I) Products that are labeled "not for retail
sale" and are sold exclusively to establishments that manufacture or construct
goods or commodities.
(ii)
For the purposes of this definition, the term "solvent cleaning tanks or
related equipment" includes the following:
(A) Cold cleaners.
(B) Vapor degreasers.
(C) Conveyorized degreasers.
(D) Film cleaning machines.
(E) Products designed to clean miscellaneous
metallic parts by immersion in a container.
General-use hand or body cleaner or
soap-A cleaner or soap designed to be used routinely on the
skin to clean or remove typical or common dirt and soils.
(i) The term includes the following:
(A) Hand or body washes.
(B) Dual-purpose shampoo-body
cleaners.
(C) Shower or bath
gels.
(D) Moisturizing cleaners or
soaps.
(ii) The term does
not include the following:
(A) Prescription
drug products.
(B) Antimicrobial
hand or body cleaner or soap.
(C)
Astringent/toner.
(D) Facial
cleaner or soap.
(E) Hand
dishwashing detergent, including antimicrobial.
(F) Heavy-duty hand cleaner or
soap.
(G) Medicated
astringent/medicated toner.
(H)
Rubbing alcohol.
Glass cleaner-
(i) A cleaning product designed primarily for
cleaning surfaces made of glass.
(ii) The term does not include products
designed solely for the purpose of cleaning optical materials used in
eyeglasses, photographic equipment, scientific equipment and photocopying
machines.
Graffiti remover-A product labeled
to remove spray paint, ink, marker, crayon, lipstick, nail polish or shoe
polish from a variety of noncloth or nonfabric substrates.
(i) The term does not include the following:
(A) Paint remover or stripper.
(B) Nail polish remover.
(C) Spot remover.
(ii) Products labeled for dual use as both a
paint stripper and graffiti remover are considered "graffiti
removers."
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.
(i) The term includes dual-use products
designed primarily to impart a sheen to the hair.
(ii) The term does not include the following:
(A) Hair spray.
(B) Hair mousse.
(C) Hair styling product.
(D) Hair styling gel.
(E) Products whose primary purpose is to
condition or hold the hair.
Hair spray-
(i) For products manufactured before January
1, 2009, a consumer product designed primarily for the purpose of dispensing
droplets of a resin on and into a hair coiffure which will impart sufficient
rigidity to the coiffure to establish or retain the style for a period of
time.
(ii) For products manufactured
on or after January 1, 2009, a consumer product that is applied to styled hair,
and is designed or labeled to provide sufficient rigidity, to hold, retain or
finish the style of the hair for a period of time.
(iii) The term includes the following:
(A) Aerosol hair sprays.
(B) Pump hair sprays.
(C) Spray waxes.
(D) Color, glitter or sparkle hair sprays
that make finishing claims.
(E)
Products that are both a styling and finishing product.
(iv) The term does not include spray products
that are intended to aid in styling but do not provide finishing of a
hairstyle.
(v) For the purposes of
this subchapter, the terms:
(A) "Finish" and
"finishing" mean the maintaining or holding of previously styled hair for a
period of time.
(B) "Style" and
"styling" mean the forming, sculpting or manipulating of the hair to
temporarily alter the hair's shape.
Hair styling gel-A consumer product
manufactured before January 1, 2009, that is a high viscosity, often
gelatinous, product that contains a resin and is designed for the application
to hair to aid in styling and sculpting of the hair coiffure.
Hair styling product-A consumer
product manufactured on or after January 1, 2009, that is designed or labeled
for the application to wet, damp or dry hair to aid in defining, shaping,
lifting, styling or sculpting of the hair.
(i) The term includes the following:
(A) Hair balm.
(B) Clay.
(C) Cream.
(D) Creme.
(E) Curl straightener.
(F) Gel.
(G) Liquid.
(H) Lotion.
(I) Paste.
(J) Pomade.
(K) Putty.
(L) Root lifter.
(M) Serum.
(N) Spray gel.
(O) Stick.
(P) Temporary hair straightener.
(Q) Wax.
(R) Spray products that aid in styling but do
not provide finishing of a hairstyle.
(S) Leave-in volumizers, detanglers or
conditioners that make styling claims.
(ii) The term does not include the following:
(A) Hair mousse.
(B) Hair shine.
(C) Hair spray.
(D) Shampoos or conditioners that are rinsed
from the hair prior to styling.
(iii) For the purposes of this subchapter,
the terms:
(A) "Finish" and "finishing" mean
the maintaining or holding of previously styled hair for a period of
time.
(B) "Style" and "styling"
mean the forming, sculpting or manipulating of the hair to temporarily alter
the hair's shape.
Heavy-duty hand cleaner or
soap-
(i) A product
designed to clean or remove difficult dirt and soils, including oil, grease,
grime, tar, shellac, putty, printer's ink, paint, graphite, cement, carbon,
asphalt or adhesives from the hand with or without the use of water.
(ii) The term does not include the following:
(A) Prescription drug products.
(B) Antimicrobial hand or body cleaner or
soap.
(C)
Astringent/toner.
(D) Facial
cleaner or soap.
(E) General-use
hand or body cleaner or soap.
(F)
Medicated astringent/medicated toner.
(G) Rubbing alcohol.
Herbicide-A pesticide product
designed to kill or retard a plant's growth, but excludes products that
are:
(i) For agricultural
use.
(ii) Restricted materials that
require a permit for use and possession.
High pressure laminate-Sheet
materials which consist of paper, fabric or other core material that have been
laminated at temperatures exceeding 265° F, and at pressures between 1,000
and 1,400 psi.
Highest sales-The maximum 1-year
gross Pennsylvania sales of the ACP product in the previous 5 years, if the
responsible ACP party has failed to meet the requirements for reporting
enforceable sales records (for a portion of the compliance period), as
specified in the ACP agreement, or the current actual 1-year enforceable sales
for the product, if the responsible ACP party has provided all required
enforceable sales records (for the entire compliance period), as specified in
the ACP agreement.
Highest VOC content-The maximum VOC
content which the ACP product has contained in the previous 5 years, if the
responsible ACP party has failed to meet the requirements for reporting VOC
content data (for a portion of the compliance period), as specified in the ACP
agreement, or the current actual VOC content, if the responsible ACP party has
provided all required VOC content data (for the entire compliance period), as
specified in the ACP agreement, expressed as a percentage by weight.
Household product-A consumer product
that is primarily designed to be used inside or outside of living quarters or
residences that are occupied or intended for occupation by individuals,
including the immediate surroundings.
Insecticide-A pesticide product that
is designed for use against insects or other arthropods, but excluding products
that are:
(i) For agricultural
use.
(ii) For a use which requires a
structural pest control license under applicable laws or regulations of the
Commonwealth.
(iii) Restricted
materials that require a permit for use and possession.
Insecticide fogger-An insecticide
product designed to release all or most of its content, as a fog or mist, into
indoor areas during a single application.
Institutional product or
industrial and institutional (I&I) product-
(i) A consumer product that is designed for
use in the maintenance or operation of an establishment that:
(A) Manufactures, transports or sells goods
or commodities, or provides services for profit.
(B) Is engaged in the nonprofit promotion of
a particular public, educational or charitable cause.
(ii) The term does not include household
products and products that are incorporated into or used exclusively in the
manufacture or construction of the goods or commodities at the site of the
establishment.
(iii) For the
purposes of this definition, the term "establishment" includes the following:
(A) Government agencies.
(B) Factories.
(C) Schools.
(D) Hospitals.
(E) Sanitariums.
(F) Prisons.
(G) Restaurants.
(H) Hotels.
(I) Stores.
(J) Automobile service and parts
centers.
(K) Health
clubs.
(L) Theaters.
(M) Transportation
companies.
LVP content or lower vapor
pressure content-The total weight, in pounds, of LVP compounds in an
ACP product multiplied by 100 and divided by the product's total net weight (in
pounds, excluding container and packaging), expressed as a percentage to the
nearest 0.1.
LVP-VOC or lower vapor
pressure VOC-
(i) A chemical
compound or mixture that contains at least one carbon atom and meets one of the
following:
(A) Has a vapor pressure less than
0.1 mm Hg at 20° C, as determined by CARB Method 310.
(B) Is a chemical compound with more than 12
carbon atoms, or a chemical mixture comprised solely of compounds with more
than 12 carbon atoms as verified by formulation data, and the vapor pressure
and boiling point are unknown.
(C)
Is a chemical compound with a boiling point greater than 216° C, as
determined by CARB Method 310.
(D)
Is the weight percent of a chemical mixture that boils above 216° C, as
determined by CARB Method 310.
(ii) For the purposes of this definition,
"chemical compound" means a molecule of definite chemical formula and isomeric
structure, and "chemical mixture" means a substance comprised of two or more
chemical compounds.
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-
(i) A product that is designed for
application to a fabric, either during or after laundering, to impart and
prolong a crisp, fresh look and which may also act to help ease ironing of the
fabric.
(ii) The term includes
fabric finish, sizing and starch.
Lawn and garden insecticide-An
insecticide product labeled primarily to be used in household lawn and garden
areas to protect plants from insects or other arthropods. Notwithstanding the
requirements of §
130.372 (relating to most
restrictive limit), aerosol lawn and garden insecticides may claim to kill
insects or other arthropods.
Liquid-
(i) A substance or mixture of substances that
is capable of a visually detectable flow as determined under ASTM
D-4359-90(2000)e1, including subsequent amendments.
(ii) The term does not include powders or
other materials that are composed entirely of solid particles.
Lubricant-
(i) A product designed to reduce friction,
heat, noise or wear between moving parts, or to loosen rusted or immovable
parts or mechanisms.
(ii) The term
does not include the following:
(A) Automotive
power steering fluids.
(B) Products
for use inside power generating motors, engines and turbines, and their
associated power-transfer gearboxes.
(C) Two cycle oils or other products designed
to be added to fuels.
(D) Products
for use on the human body or animals.
(E) Products that are sold exclusively to
establishments which manufacture or construct goods or commodities, and are
labeled "not for retail sale."
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.
(i) The term includes the following:
(A) Clarifiers.
(B) Substrate-impregnated products.
(ii) The term does not include the
following:
(A) Hand, face or body cleaner or
soap products.
(B)
Astringent/toner.
(C) Cold
cream.
(D) Lotion.
(E) Antiperspirants.
(F) Products that must be purchased with a
doctor's prescription.
Metal polish/cleanser-A product
designed primarily to improve the appearance of finished metal, metallic or
metallized surfaces by physical or chemical action by removing or reducing
stains, impurities or oxidation from surfaces or by making surfaces smooth and
shiny.
(i) The term includes metal
polishes used on:
(A) Brass.
(B) Silver.
(C) Chrome.
(D) Copper.
(E) Stainless steel.
(F) Ornamental metals.
(ii) The term does not include the following:
(A) Automotive wax, polish, sealant or
glaze.
(B) Wheel cleaner.
(C) Paint remover or stripper.
(D) Products designed and labeled exclusively
for automotive and marine detailing.
(E) Products designed for use in degreasing
tanks.
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-
(i) A lubricant designed for general purpose
lubrication or for use in a wide variety of applications.
(ii) The term does not include the following:
(A) Multipurpose dry lubricant.
(B) Penetrant.
(C) Silicone-based multipurpose
lubricant.
Multipurpose solvent-An organic
liquid designed to be used for a variety of purposes, including cleaning or
degreasing of a variety of substrates, or thinning, dispersing or dissolving
other organic materials.
(i) The term
includes solvents used in institutional facilities, except for laboratory
reagents used in analytical, educational, research, scientific or other
laboratories.
(ii) The term does not
include the following:
(A) Solvents used in:
(I) Cold cleaners.
(II) Vapor degreasers.
(III) Conveyorized degreasers.
(IV) Film cleaning machines.
(B) Solvents that are incorporated
into or used exclusively in the manufacture or construction of the goods or
commodities at the site of the establishment.
Nail polish-A clear or colored
coating designed for application to the fingernails or toenails and including
lacquers, enamels, acrylics, base coats and top coats.
Nail polish remover-A product
designed to remove nail polish and coatings from fingernails or
toenails.
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 the following:
(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-
(i) A
product designed to strip or remove paints or other related coatings, by
chemical action, from a substrate without markedly affecting the
substrate.
(ii) The term does not
include the following:
(A) Multipurpose
solvent.
(B) Paint brush
cleaners.
(C) Products designed and
labeled exclusively as graffiti removers.
(D) Hand cleaner products that claim to
remove paints and other related coatings from skin.
Penetrant-A lubricant designed and
labeled primarily to loosen metal parts that have bonded together due to
rusting, oxidation or other causes. The term does not include multipurpose
lubricants that claim to have penetrating qualities, but are not labeled
primarily to loosen bonded parts.
Pennsylvania sales-The sales (net
pounds of product, less packaging and container, per year) in this Commonwealth
for either the calendar year immediately prior to the year that the
registration is due or, if that data is not available, a consecutive 12-month
period commencing no earlier than 2 years prior to the due date of the
registration. If direct sales data for this Commonwealth are not available,
sales may be estimated by prorating National or regional sales data by
population.
Personal fragrance product-A product
which is applied to the human body or clothing for the primary purpose of
adding a scent or masking a malodor.
(i) The term includes the following:
(A) Cologne.
(B) Perfume.
(C) Aftershave.
(D) Toilet water.
(ii) The term does not include the following:
(A) Deodorant.
(B) Medicated products designed primarily to
alleviate fungal or bacterial growth on feet or other areas of the
body.
(C) Mouthwashes, breath
fresheners or deodorizers.
(D)
Lotions, moisturizers, powders or other skin care products used primarily to
alleviate skin conditions such as dryness and irritations.
(E) Products designed exclusively for use on
human genitalia.
(F) Soaps,
shampoos and products primarily used to clean the human body.
(G) Fragrance products designed to be used
exclusively on animals.
Pesticide-
(i) A substance or mixture of substances
labeled designed or intended for use in preventing, destroying, repelling or
mitigating a pest, or a substance or mixture of substances labeled, designed or
intended for use as a defoliant, desiccant or plant regulator.
(ii) The term does not include a substance,
mixture of substances or device which the EPA does not consider to be a
pesticide.
Plasticizer-A material, such as a
high boiling point organic solvent, that is incorporated into a plastic to
increase its flexibility, workability or distensibility, and may be determined
by using ASTM E260-91, including subsequent amendments, or from product
formulation data.
Pre-ACP VOC content-The lowest VOC
content of an ACP product between January 1, 1990, and the date on which the
application for a proposed ACP is submitted to the Department based on either
the data on the product obtained from the March 12, 1991, CARB Consumer
Products Survey or other accurate records available to the Department,
whichever yields the lowest VOC content for the product, expressed as a
percentage.
Pressurized gas duster-
(i) A pressurized product labeled to remove
dust from a surface solely by means of mass air or gas flow, including surfaces
like photographs, photographic film negatives, computer keyboards and other
types of surfaces that cannot be cleaned with solvents.
(ii) The term does not include dusting
aids.
Principal display panel or
panels-The parts of a label that are so designed as to most likely be
displayed, presented, shown or examined under normal and customary conditions
of display or purchase. Whenever a principal display panel appears more than
once, all requirements pertaining to the principal display panel shall pertain
to all of the principal display panels.
Product 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 and in
§
130.211.
Product form-For the purposes of
complying with §
130.391 (relating to required
reporting of information to the Department), the applicable form which most
accurately describes the product's dispensing form, as follows:
(i) A = Aerosol product.
(ii) S = Solid.
(iii) P = Pump spray.
(iv) L = Liquid.
(v) SS = Semisolid.
(vi) O = Other.
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-
(i) A product designed to protect, preserve
or renew vinyl, rubber and plastic on vehicles, tires, luggage, furniture and
household products such as vinyl covers, clothing and accessories.
(ii) The term does not include products
primarily designed to clean the wheel rim, such as aluminum or magnesium wheel
cleaners, and tire cleaners that do not leave an appearance-enhancing or
protective substance on the tire.
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 the following:
(A) Roof cements and roof sealants.
(B) Insulating foams.
(C) Removable caulking compounds.
(D) Clear/paintable/water resistant caulking
compounds.
(E) Floor seam
sealer.
(F) Products designed
exclusively for automotive uses.
(G) Sealers that are applied as continuous
coatings.
(H) Units of product,
less packaging, which weigh more than 1 pound and consist of more than 16 fluid
ounces.
(ii) For the
purposes of this definition only:
(A)
"Removable caulking compounds" means a compound which temporarily seals windows
or doors for 3 to 6 month time intervals.
(B) "Clear/paintable/water resistant caulking
compounds" means a compound which contains no appreciable level of opaque
fillers or pigments; transmits most or all visible light through the caulk when
cured; is paintable; and is immediately resistant to precipitation upon
application.
Semisolid-A product that, at room
temperature, will not pour, but will spread or deform easily, including gels,
pastes and greases.
Shaving cream-
(i) An aerosol product which dispenses a foam
lather intended to be used with a blade or cartridge razor, or other
wet-shaving system, in the removal of facial or other bodily hair.
(ii) The term does not include shaving
gel.
Shaving gel-
(i) An aerosol product which dispenses a
postfoaming semisolid designed to be used with a blade, cartridge razor or
other shaving system in the removal of facial or other bodily hair.
(ii) The term does not include shaving
cream.
Shortfall-
(i) The ACP emissions minus the ACP limit
when the ACP emissions were greater than the ACP limit during a specified
compliance period, expressed to the nearest pound of VOC.
(ii) The term does not include emissions
occurring prior to the date that the ACP agreement is signed by the
Department.
Silicone-based multipurpose
lubricant-
(i) A lubricant
which is:
(A) Designed and labeled to provide
lubricity primarily through the use of silicone compounds, including
polydimethylsiloxane.
(B) Designed
and labeled for general purpose lubrication, or for use in a wide variety of
applications.
(ii) The
term does not include products designed and labeled exclusively to release
manufactured products from molds.
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(2000)e1, including subsequent amendments.
Special purpose spray adhesive-An
aerosol adhesive that meets one or more of the following definitions:
(i)
Mounting adhesive. An
aerosol adhesive designed to permanently mount photographs, artwork and other
drawn or printed media to a backing (paper, board, cloth, and the like) without
causing discoloration to the artwork.
(ii)
Flexible vinyl
adhesive. An aerosol adhesive designed to bond flexible vinyl to
substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at
least 5%, by weight, of plasticizer content.
(iii)
Polystyrene foam
adhesive. An aerosol adhesive designed to bond polystyrene foam to
substrates.
(iv)
Automobile
headliner adhesive. An aerosol adhesive designed to bond together
layers in motor vehicle headliners.
(v)
Polyolefin adhesive. An
aerosol adhesive designed to bond polyolefins to substrates.
(vi)
Laminate repair/edgebanding
adhesive. An aerosol adhesive designed for:
(A) The touch-up or repair of items laminated
with high pressure laminates (for example-lifted edges, delaminates, and the
like).
(B) The touch-up, repair or
attachment of edge banding materials, including other laminates, synthetic
marble, veneers, wood molding and decorative metals.
(vii)
Automotive engine compartment
adhesive. An aerosol adhesive designed for use in motor vehicle
under-the-hood applications which require oil and plasticizer resistance, as
well as high shear strength, at temperatures of 200-275° F.
Specialty adhesive remover-A product
designed to remove reactive adhesives from a variety of substrates.
(i) Reactive adhesives include adhesives that
require a hardener or catalyst for the bond to occur. Reactive adhesives
include the following:
(A) Epoxies.
(B) Urethanes.
(C) Silicones.
(ii) The term does not include gasket
adhesive remover or thread locking adhesive remover.
Spot remover-
(i) A product designed to clean localized
areas, or remove localized spots or stains on cloth or fabric such as drapes,
carpets, upholstery and clothing, that does not require subsequent laundering
to achieve stain removal.
(ii) The
term does not include the following:
(A) Dry
cleaning fluid.
(B) Laundry
prewash.
(C) Multipurpose
solvent.
Spray buff product-A product
designed to restore a worn floor finish in conjunction with a floor buffing
machine and special pad.
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-181D
(Type 1, Grade A).
Surplus reduction-The ACP limit
minus the ACP emissions when the ACP limit was greater than the ACP emissions
during a given compliance period, expressed to the nearest pound of VOC. Except
as provided in §
130.457 (relating to limited-use
surplus reduction credits for early reformulations of ACP products), the term
does not include emissions occurring prior to the date that the ACP agreement
is signed by the Department.
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,
(i)
MHE =
|
(Highest VOC content × Highest
sales)
|
|
___________________
|
×
|
Missing data days
|
|
100×365
|
(ii) 1, 2, . . ., N = each product in an ACP,
up to the maximum N, for which the responsible ACP party has failed to submit
the required enforceable sales or VOC content data as specified in the ACP
agreement.
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.
Toilet/urinal care product-A product
designed to clean or to deodorize toilet bowls, toilet tanks or urinals.
(i) The term does not include the following:
(A) Bathroom and tile cleaner.
(B) General purpose cleaner.
(ii) For the purposes of this
definition, the term "toilet bowls, toilet tanks or urinals" includes toilets
or urinals connected to permanent plumbing in buildings and other structures,
portable toilets or urinals placed at temporary or remote locations and toilets
or urinals in vehicles like buses, recreational motor homes, boats, ships and
aircraft.
Type 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 the following:
(i) Chlorofluorocarbons (CFCs).
(ii) Hydrochlorofluorocarbons
(HCFCs).
(iii) Hydrofluorocarbons
(HFCs).
Type C propellant-A propellant which
is not a Type A or Type B propellant, including the following:
(i) Propane.
(ii) Isobutane.
(iii) N-butane.
(iv) Dimethyl ether (also known as dimethyl
oxide).
Undercoating-
(i) An aerosol product designed to impart a
protective, nonpaint layer to the undercarriage, trunk interior or firewall of
motor vehicles to prevent the formation of rust or to deaden sound.
(ii) The term includes rubberized, mastic or
asphaltic products.
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.
Vinyl/fabric/leather/polycarbonate
coating-A coating designed and labeled exclusively to coat vinyl,
fabric, leather or polycarbonate substrates.
VOC-Volatile organic compound-An
organic compound which participates in atmospheric photochemical reactions;
that is, an organic compound other than those which the Administrator of the
EPA designates in 40 CFR
51.100 (relating to definitions) as having
negligible photochemical reactivity.
VOC content-
(i) Except for charcoal lighter material
products, the total weight of VOC in a product expressed as a percentage of the
product weight (exclusive of the container or packaging), as determined under
§
130.431 (relating to testing for
compliance).
(ii) For charcoal
lighter material products only,
(Certified emissions x 100)
|
(Certified emissions × 100)
|
|
VOC content (percent)
|
=
|
__________________
|
|
Certified use rate
|
Wasp and hornet insecticide-An
insecticide product that is designed for use against wasps, hornets, yellow
jackets or bees by allowing the user to spray from a distance a directed stream
or burst at the intended insects or their hiding place.
Waterproofer-
(i) A product designed and labeled
exclusively to repel water from fabric or leather substrates.
(ii) The term does not include fabric
protectant.
Wax-A material or synthetic
thermoplastic substance generally of high molecular weight hydrocarbons or high
molecular weight esters of fatty acids or alcohols, except glycerol and high
molecular weight polymers (plastics). The term includes the following:
(i) Substances derived from the secretions of
plants and animals such as carnuba wax and beeswax.
(ii) Substances of a mineral origin such as
ozocerite and paraffin.
(iii)
Synthetic polymers such as polyethylene.
Web spray adhesive-An aerosol
adhesive which is not a mist spray or special purpose spray adhesive.
Wood cleaner-
(i) A product labeled to clean wooden
materials including the following:
(A)
Decking.
(B) Fences.
(C) Flooring.
(D) Logs.
(E) Cabinetry.
(F) Furniture.
(ii) The term does not include the following:
(A) Dusting aid.
(B) General purpose cleaner.
(C) Furniture maintenance product.
(D) Floor wax stripper.
(E) Floor polish or wax.
(F) Products designed and labeled exclusively
to preserve or color wood.
Wood floor wax-Wax-based products
for use solely on wood floors.
Working day-A day from Monday
through Friday, inclusive, except for days that are Federal or State
holidays.
