Title 7 DNREC 

1100 Air Quality Management Section 

1141 Limiting Emissions Of Volatile Organic Compounds From 

Consumer And Commercial Products 

2.0 Consumer Products 

2.1 Applicability 

2.1.1 Except as provided in 2.1.2 and 2.1.3 of this regulation, 2.0 of this 

regulation shall apply to any person who sells, supplies, offers for sale, or 

manufactures consumer products on and after the applicable compliance 

dates in Table 2-1 of this regulation, “VOC Content Limits for Consumer 

Products”, for use in the State of Delaware. 

2.1.2 The provisions of 2.0 of this regulation shall not apply to a 

manufacturer or distributor who sells, supplies, or offers for sale in the 

State of Delaware, a consumer product that does not comply with the VOC 

standards specified in 2.3.1 of this regulation, as long as the manufacturer 

or distributor can demonstrate both that the consumer product is intended 

for shipment and use outside of the State of Delaware, and that the 

manufacturer or distributor has taken reasonable prudent precautions to 

assure that the consumer product is not distributed to the State of 

Delaware. This does not apply to consumer products that are sold, supplied, 

or offered for sale by any person to retail outlets in the State of Delaware. 

2.1.3 The provisions of 2.0 of this regulation shall not apply to a retailer 

who sells, supplies or offers for sale in the State of Delaware, a particular 

consumer product that does not comply with the VOC standards specified 

in 2.3.1 of this regulation, provided that retailer demonstrates to the 

satisfaction of the Department that the manufacturer or distributor of that 

product mislead that retailer into believing that the product did comply with 

the VOC standards specified in 2.3.1 of this regulation. 

2.2 Definitions 

Terms used but not defined in 2.0 of this regulation shall have the meaning 

given them in 7 DE Admin Code 1101 or the CAA in that order of priority. 

“ACP (alternative control plan)” means an emissions averaging program, 

established and managed by a responsible ACP party which allows manufacturers 

to sell ACP products in the State of Delaware pursuant to the requirements of 2.0 

of this regulation. 

“ACP emissions” means the sum of the VOC emissions from every ACP 

product subject to an ACP, during the compliance period specified in the ACP, 

expressed to the nearest pound of VOC and calculated according to the following 

equation: 

7 DE Admin Code 1141 – Page 1
1 2 N ACP Emissions = (Emission) + (Emission) + ... + (Emission)

where,

100

(VOCContent) (Enforceab Sales)le Emission × =

where, 

For all products except for charcoal lighter material products: 

[ ]

A

100C)(B VOCContent ×− =

where, 

A = net weight of unit (excluding container and packaging); 

B = total weight of all VOCs per unit; 

C = total weight of all exempted VOCs per unit, as specified in 2.311 through 

2.3.19 of this regulation. 

For charcoal lighter material products only: 

Certified RateUse

(Certified Emission 100) VOC Content × =

where, 

Certified Emissions = emissions levels for products specified 2.3.4.1 of this 

regulation; 

Certified Use Rate = see "Certified use rate" in 2.2 of this regulation. 

“ACP limit” means the maximum allowable ACP emissions during the 

compliance period specified in an ACP, expressed to the nearest pound of VOC 

and calculated according to the following equation: 

1 2 N LimitACP (Limit) += (Limit) + + (Limit)...

where, 

100

(ACP Standard) (Enforceab Sales)le Limit × =

where, 

Enforceable Sales = see "Enforceable sales" in 2.2 of this regulation 

ACP Standard = see "ACP standard" in 2.2 of this regulation 

1,2,...N = each product in an ACP up to the maximum N. 

7 DE Admin Code 1141 – Page 2
“ACP product” means any consumer product subject to the VOC standards 

specified in 2.3.1 of this regulation, except those products that have been 

exempted under 2.3 of this regulation, or exempted as innovative products under 

2.4 of this regulation and is covered by an ACP established by the responsible 

ACP party. 

“ACP reformulation or ACP reformulated” means the process of reducing 

the VOC content of an ACP product, within the period that an ACP is in effect, to a 

level which is less than the current VOC content of the product. 

“ACP standard” means either the ACP product's pre-ACP VOC content or 

the applicable VOC standard specified in 2.3.1 of this regulation, whichever is the 

lesser of the two. 

“ACP VOC standard” means the maximum allowable VOC content for an 

ACP product, determined as follows: 

(1) the applicable VOC standard specified in 2.3.1 of this regulation for all ACP 

products except for charcoal lighter material; 

(2) for charcoal lighter material products only, the VOC standard for the 

purposes of 2.0 of this regulation shall be calculated according to the following 

equation: 

Certified RateUse

0.020 startperCHpound VOC Standard 2 =

where, 

0.020 = the certification emissions level as specified in 2.3.1 of this regulation. 

Certified Use Rate = see "Certified use rate" in 2.2 of this regulation 

“Adhesive” means any product that is applied for the purpose of bonding two 

surfaces together other than by mechanical means. Adhesive does not include 

products used on humans and animals, adhesive tape, contact paper, wallpaper, 

shelf liners, or any other product with an adhesive incorporated onto or in an inert 

substrate. 

“Adhesive remover” means a product designed to remove adhesives from a 

specific or a variety of substrates. Adhesive remover does not include products 

that remove adhesives intended exclusively for use on humans or animals. 

For the purposes of this definition and adhesive remover subcategories (1) 

through (4) below, the term adhesive shall mean a substance used to bond one or 

more materials. Adhesive includes, but is not limited to: caulks; sealants; glues; 

or similar substances used for the purposes of forming a bond. 

(1) “Floor and wall covering adhesive remover” means a product 

designed or labeled to remove floor or wall coverings and 

associated adhesive from the underlying substrate; 

(2) “Gasket or thread locking adhesive remover” means a product 

designed or labeled to remove gaskets or thread locking 

7 DE Admin Code 1141 – Page 3
adhesives. Product labeled for dual use as a paint stripper and 

gasket remover and/or thread locking adhesive remover are 

considered gasket or thread locking adhesive remover. 

(3) “General purpose adhesive remover” means a product designed 

or labeled to remove cyanoacrylate adhesive as well as nonreactive adhesives or residue from a variety of substrates. 

General purpose adhesive remover includes, but is not limited to, 

products that remove thermoplastic adhesives; pressure 

sensitive adhesives; dextrine or starch-based adhesives; casein 

glues; rubber or latex-based adhesives; as well as products that 

remove stickers; decals; stencils; or similar materials. General 

purpose adhesive remover does not include floor or wall covering 

adhesive remover. 

(4) “Specialty adhesive remover” means a product designed to 

remove reactive adhesives from a variety of substrates. 

Reactive adhesives include adhesives that require a hardener or 

catalyst in order for the bond to occur. Examples of reactive 

adhesives include, but are not limited to: epoxies; urethanes; 

silicones. Specialty adhesive remover does not include gasket or 

thread locking adhesive remover. 

 

“Aerosol adhesive” means an aerosol product in which the spray mechanism 

is permanently housed in a non-refillable can designed for hand-held application 

without the need for ancillary hoses or spray equipment. Aerosol adhesives 

include special purpose spray adhesives, mist spray adhesives and web spray 

adhesives. 

“Aerosol cooking spray” means any aerosol product designed either to 

reduce sticking on cooking and baking surfaces or to be applied on food, or both. 

“Aerosol product” means a pressurized spray system that dispenses product 

ingredients by means of a propellant contained in a product or a product’s 

container or by means of a mechanically induced force. Aerosol product does not 

include pump sprays. 

“Agricultural use” means the use of any pesticide or method or device for the 

control of pests in connection with the commercial production, storage or 

processing of any animal or plant crop. Agricultural use does not include the sale 

or use of pesticides in properly labeled packages or containers which are intended 

for: (and defined for the purposes of this definition only): 

(1) home use which means use in a household or its immediate 

environment, 

(2) structural pest control which means a use requiring a license under 

Title 3 Del.C. Ch. 12, 

(3) industrial use which means use for or in a manufacturing, mining, or 

chemical process or use in the operation of factories, processing 

plants, and similar sites, and 

7 DE Admin Code 1141 – Page 4
(4) institutional use which means 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” means any consumer product including, but not limited to, 

sprays, wicks, powders, and crystals, designed for the purpose of masking odors, 

or freshening, cleaning, scenting, or deodorizing the air. Air freshener does not 

include products that are used on the human body, products that, as indicated on 

the product label, function primarily as cleaning products, toilet and urinal care 

products, disinfectant products claiming to deodorize by killing germs on surfaces, 

or institutional/industrial disinfectants when offered for sale solely through 

institutional and industrial channels of distribution. Air freshener does include 

spray disinfectants and other products that are expressly represented for use as 

air fresheners, except institutional and industrial disinfectants when offered for 

sale through institutional and industrial channels of distribution. To determine 

whether a product is an air freshener, all verbal and visual representations 

regarding product use on the label or packaging and in the product's literature and 

advertising may be considered. The presence of, and representations about, a 

product's fragrance and ability to deodorize (resulting from surface application) 

shall not constitute a claim of air freshening. 

“All other carbon-containing compounds” means all other compounds 

which contain at least one carbon atom and are not exempt compounds or LVPVOCs. 

 

“All other forms” means all consumer product forms for which no formspecific VOC standard is specified. Unless specified otherwise by the applicable 

VOC standard, all other forms include, but are not limited to, solids, liquids, wicks, 

powders, crystals, and cloth or paper wipes (towelettes). 

“Anti-microbial hand or body cleaner or soap” means a cleaner or soap 

designed to reduce the level of microorganisms on the skin through germicidal 

activity. Anti-microbial hand or body cleaner or soap includes, but is not limited to, 

anti-microbial hand or body washes/cleaners, food-handler hand washes, 

healthcare personnel hand washes, pre-operative skin preparations and surgical 

scrubs. Anti-microbial hand or body cleaner or soap does not include prescription 

drug products, antiperspirants, astringent/toner, deodorant, facial cleaner or soap, 

general-use hand or body cleaner or soap, hand dishwashing detergent (including 

anti-microbial), heavy-duty hand cleaner or soap, medicated astringent/medicated 

toner, and rubbing alcohol. 

“Antiperspirant” means any product including, but not limited to, aerosols, 

roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the 

manufacturer to be used to reduce perspiration in the human axilla by at least 20 

percent in at least 50 percent of a target population. 

“Anti-static product” means a product that is labeled to eliminate, prevent or 

inhibit the accumulation of static electricity. Anti-static product does not include 

electronic cleaner, floor polish or wax, floor coating and products that meet the 

definition of aerosol coating product or architectural coating. 

7 DE Admin Code 1141 – Page 5
“Architectural coating” means a coating applied to stationary structures and 

their appurtenances, to mobile homes, to pavements, or to curbs. 

“ASTM” means the American Society for Testing and Materials International. 

“Astringent/toner” means any product not regulated as a drug by the United 

States Food and Drug Administration (FDA) which is applied to the skin for the 

purpose of cleaning or tightening pores. This category also includes clarifiers and 

substrate-impregnated products. This category does not include any hand, face, 

or body cleaner or soap product, medicated astringent/medicated toner, cold 

cream, lotion, or antiperspirant. 

“Automotive brake cleaner” means a cleaning product designed to remove 

oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake 

mechanisms. 

“Automotive hard paste wax” means a motor vehicle wax or polish which is: 

(1) designed to protect and improve the appearance of motor vehicle 

painted surfaces; 

(2) a solid at room temperature; and 

(3) contains 0% water by formulation. 

“Automotive instant detailer” means a product designed for use in a pump 

spray that is applied to motor vehicle painted surfaces and wiped off prior to being 

allowed to dry. 

“Automotive rubbing or polishing compound” means a product designed 

primarily to remove oxidation, old paint, scratches or "swirl marks", and other 

defects from motor vehicle painted surfaces without leaving a protective barrier. 

“Automotive wax, polish, sealant or glaze” means a product designed to 

seal out moisture, increase gloss, or otherwise enhance motor vehicle painted 

surfaces. Automotive wax, polish, sealant or glaze includes, but is not limited to, 

products designed for use in auto body repair shops and drive-through car 

washes, as well as products designed for the general public. Automotive wax, 

polish, sealant or glaze does not include automotive rubbing or polishing 

compounds, automotive wash and wax products, surfactant-containing car wash 

products, and products designed for use on unpainted surfaces such as bare 

metal, chrome, glass, or plastic. 

“Automotive windshield washer fluid” means any liquid designed for use in 

a motor vehicle windshield washer system either as an antifreeze or for the 

purpose of cleaning, washing, or wetting the windshield. Automotive windshield 

washer fluid does not include fluids placed by the manufacturer in a new vehicle. 

“Bathroom and tile cleaner” means a product designed to clean tile or 

surfaces in bathrooms. Bathroom and tile cleaner does not include products 

designed to clean toilet bowls, toilet tanks or urinals. 

7 DE Admin Code 1141 – Page 6
“Bug and tar remover” means a product designed to remove either or both of 

the following from painted motor vehicle surfaces without causing damage to the 

finish: 

(1) biological-type residues such as insect carcasses and tree sap and, 

(2) road grime, such as road tar, roadway paint markings, and asphalt. 

“CARB” means the California Air Resources Board. 

“Carburetor or fuel-injection air intake cleaners” means a product 

designed to remove fuel deposits, dirt, or other contaminants from a carburetor, 

choke, throttle body of a fuel-injection system, or associated linkages. Carburetor 

or fuel-injection air intake cleaners 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” means a cleaning product designed for the 

purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor 

vehicles and/or on household furniture or objects upholstered or covered with 

fabrics such as wool, cotton, nylon or other synthetic fabrics. Carpet and 

upholstery cleaner includes, but is not limited to, products that make fabric 

protectant claims. Carpet and upholstery cleaner does not include general 

purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning fluids, or 

products designed exclusively for use at industrial facilities engaged in furniture or 

carpet manufacturing. 

“Certified use rate” means the usage level for charcoal lighter materials 

specified under 2.3.4 of this regulation, expressed to the nearest 0.001 pound of 

charcoal lighter materials used per start. 

“Charcoal lighter material” means any combustible material designed to be 

applied on, incorporated in, added to, or used with charcoal to enhance ignition. 

Charcoal lighter material does not include any of the following: electrical starters 

and probes; metallic cylinders using paper tinder; natural gas; propane; and fat 

wood. 

“Colorant” means any pigment or coloring material used in a consumer 

product for an aesthetic effect, or to dramatize an ingredient. 

“Compliance period” means the period of time, not to exceed one year, for 

which the ACP limit and ACP emissions are calculated and for which compliance 

with the ACP limit is determined, as specified in the ACP. 

“Construction, panel, and floor covering adhesive” means any onecomponent adhesive that is designed exclusively for the installation, remodeling, 

maintenance, or repair of: 

(1) structural and building components that include, but are not limited to, 

beams, trusses, studs, paneling, [drywall or drywall laminates, 

7 DE Admin Code 1141 – Page 7
fiberglass reinforced plastic (FRP), plywood, particle board, insulation 

board, pre-decorated hardboard or tileboard, etc.], ceiling and 

acoustical tile, molding, fixtures, countertops or countertop laminates, 

cove or wall bases, and flooring or subflooring; or 

(2) floor or wall coverings that include, but are not limited to, wood or 

simulated wood covering, carpet, carpet pad or cushion, vinyl-backed 

carpet, flexible flooring material, non-resilient flooring material, mirror 

tiles and other types of tiles, and artificial grass. 

 Construction, panel, and floor covering adhesive does not include floor seam 

sealer. 

“Consumer” means any person who purchases, or acquires any consumer 

product for personal, family, household, or institutional use. Persons acquiring a 

consumer product for resale are not consumers for that product. 

“Consumer product” means a chemically formulated product used by 

household and institutional consumers including, but not limited to: antiperspirants; 

detergents; deodorants; cleaning compounds; polishes; floor finishes; cosmetics; 

personal care products; home, lawn, and garden products; disinfectants; 

sanitizers; aerosol paints; and automotive specialty products, but does not include 

other paint products, furniture coatings, or architectural coatings. As used in 2.0 of 

this regulation, consumer products shall also refer to aerosol adhesives, including 

aerosol adhesives used for consumer, industrial and commercial uses. 

“Contact adhesive” means an adhesive that: 

(1) is designed for application to both surfaces to be bonded together; 

(2) is allowed to dry before the two surfaces are placed in contact with each 

other; 

(3) forms an immediate bond that is impossible, or difficult, to reposition 

after both adhesive-coated surfaces are placed in contact with each 

other; and 

(4) does not need sustained pressure or clamping of surfaces after the 

adhesive-coated surfaces have been brought together using sufficient 

momentary pressure to establish full contact between both surfaces. 

 Contact adhesive does not include rubber cements that are primarily intended 

for use on paper substrates. Contact adhesive also does not include vulcanizing 

fluids that are designed and labeled for tire repair only. 

 “Contact adhesive – general purpose” means any contact adhesive that is not 

a contact adhesive – special purpose. 

 “Contact adhesive – special purpose” means a contact adhesive that: 

(1) is used 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 thick or less in thickness to any porous or nonporous 

7 DE Admin Code 1141 – Page 8
surface, and is sold in units of product, less packaging, that 

contains more than eight fluid ounces, or 

(2) is used in automotive applications that are (a) automotiveunder-the-hood applications requiring heat, oil or gasoline 

resistance, or (b) body-side molding, automotive weather-strip 

or decorative trim. 

“Container/packaging” means the part or 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. Container/packaging includes any article 

onto or into which the principal display panel and other accompanying literature or 

graphics are incorporated, etched, printed or attached. 

“Contact person” means a representative(s) or representatives that has been 

designated by the responsible ACP party for the purpose of reporting or 

maintaining any information specified in the ACP. 

“Crawling bug insecticide” means any insecticide product that is designed 

for use against ants, cockroaches, or other household crawling arthropods, 

including, but not limited to, mites, silverfish or spiders. Crawling bug insecticide 

does not include products designed to be used exclusively on humans or animals, 

or any house dust mite product. For the purposes of this definition only: 

(1) house dust mite product means a product whose label, packaging or 

accompanying literature states that the product is suitable for use 

against house dust mites, but does not indicate that the product is 

suitable for use against ants, cockroaches, or other household 

crawling arthropods, and 

(2) house dust mite means 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. 

“Date-code” means the day, month and year on which the consumer product 

was manufactured, filled, or packaged, or a code indicating such a date. 

“Delaware sales” means the sales (net pounds of product, less packaging 

and container, per year) in Delaware for a specified calendar year. If direct sales 

data for the State of Delaware are not available, sales may be estimated by 

prorating national or regional sales data by population. 

“Deodorant” means: 

(1) For products manufactured on or after January 1, 2005 and 

before May 1, 2009: any product including, but not limited to, 

aerosols, roll-ons, sticks, pumps, pads, creams, and 

squeeze-bottles, that is intended by the manufacturer to be 

used to minimize odor in the human axilla by retarding the 

7 DE Admin Code 1141 – Page 9
growth of bacteria which cause the decomposition of 

perspiration. 

(2) For products manufactured on or after May 1, 2009: any 

product including, but not limited to, aerosols, roll-ons, sticks, 

pumps, pads, creams, and squeeze bottles, that indicates or 

depicts on the container or packaging, or on any sticker or 

label affixed thereto, that the product can be used on or 

applied to the human axilla to provide a scent and/or 

minimize odor. A deodorant body spray product that indicates 

or depicts on the container or packaging, or on any sticker or 

label affixed thereto, that it can be used on or applied to the 

human axilla, is a deodorant. 

“Deodorant body spray” means: 

(1) for products manufactured on or after January 1, 2005 and 

before May 1, 2009: a personal fragrance product with 20 

percent or less fragrance. 

(2) for products manufactured on or after May 1, 2009: a personal 

fragrance product with 20 percent or less fragrance, that is 

designed for application all over the human body to provide a 

scent. A deodorant body spray product that indicates or depicts 

on the container or packaging, or on any sticker or label affixed 

thereto, that it can be used on or applied to the human axilla, is a 

deodorant. 

“Device” means any instrument or contrivance (other than a firearm) which is 

designed for trapping, destroying, repelling, or mitigating any pest or any 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); but not including 

equipment used for the application of pesticides when sold separately there from. 

“Disinfectant” means any 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. 136, et seq.) and 

Title 3 Del.C. Ch. 12. Disinfectant does not include any of the following: 

(1) products designed solely for use on human or animals; 

(2) products designed for agricultural use; 

(3) products designed solely for use in swimming pools, therapeutic tubs, or 

hot tubs; 

(4) 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” means any person to whom a consumer product is sold or 

supplied for the purposes of resale or distribution in commerce, except that 

manufacturers, retailers, and consumers are not distributors. 

7 DE Admin Code 1141 – Page 10
“Double-phase aerosol air freshener” means 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” means any non-aqueous liquid product designed and 

labeled exclusively for use on: fabrics which are labeled "for dry clean only", such 

as clothing or drapery; or S-coded fabrics. Dry cleaning fluid includes, but is not 

limited to, those products used by commercial dry cleaners and commercial 

businesses that clean fabrics such as draperies at the customer's residence or 

work place. Dry cleaning fluid does not include spot remover or carpet and 

upholstery cleaner. For the purposes of this definition, S-coded fabric means an 

upholstery fabric designed to be cleaned only with water-free spot cleaning 

products as specified by the Joint Industry Fabric Standards Committee. 

“Dusting aid” means a product designed to assist in removing dust and other 

soils from floors and other surfaces without leaving a wax or silicone based 

coating. Dusting aid does not include pressurized gas duster. 

“Electrical cleaner” means a product labeled to remove heavy soils such as 

grease, grime, or oil from electrical equipment, including, but not limited to, electric 

motors, armatures, relays, electric panels, or generators. Electric cleaner does 

not include general purpose cleaner, general purpose degreaser, dusting aid, 

electronic cleaner, energized electrical cleaner, pressurized gas duster, engine 

degreaser, anti-static product or products designed to clean the casings or 

housings of electrical equipment. 

“Electronic cleaner” means a product labeled for the removal of dirt, 

moisture, dust, flux or oxides from the internal components of electronic or 

precision equipment such as circuit boards, and the internal components of 

electronic devices, including, but not limited to, radios, compact disc (CD) players, 

digital video disc (DVD) players, and computers. Electronic cleaner does not 

include general purpose cleaner, general purpose degreaser, dusting aid, 

pressurized gas duster, engine degreaser, electrical cleaner, energized electrical

cleaner, anti-static product, or products designed to clean the casings or housings 

of electronic equipment. 

“Energized electrical cleaners” means a product that meets both of the 

following criteria: 

(1) the product is labeled to clean and/or degrease electrical equipment, 

where cleaning and/or degreasing is accomplished when electrical 

current exists, or when there is residual electrical potential from a 

component, such as a capacitor. 

(2) The product label clearly displays the statements: “Energized 

Equipment use only, Not to be used for motorized vehicle maintenance, 

or their parts.” 

Energized electrical cleaner does not include electronic cleaner. 

7 DE Admin Code 1141 – Page 11
“Enforceable sales” means the total amount of an ACP product sold for use 

in the State of Delaware, during the applicable compliance period specified in the 

ACP, as determined through enforceable sales records (expressed to the nearest 

pound, excluding product container and packaging). 

“Enforceable sales record” means a written, point-of-sale record or any 

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 the State of Delaware during the applicable compliance period can be 

accurately documented. For the purposes of 2.0 of this regulation, Enforceable 

sales records include, but are not limited to, the following types of records: 

(1) accurate records of direct retail or other outlet sales to the end user 

during the applicable compliance period; 

(2) accurate compilations, made by independent market surveying services, 

of direct retail or other outlet sales to the end users for the applicable 

compliance period, provided that a detailed method which can be used 

to verify any data comprising such summaries is recorded by the 

responsible ACP party; 

(3) any other accurate product sales records approved by the Department 

as meeting the criteria specified in 2.2 of this regulation. 

“Engine degreaser” means a cleaning product designed to remove grease, 

grime, oil and other contaminants from the external surfaces of engines and other 

mechanical parts. 

“Exempt compound” means any carbon-containing compound listed as an 

exception to the definition of VOC's in 7 DE Admin Code 1101. 

“Fabric protectant” means a product designed to be applied to fabric 

substrates to protect the surface from soiling from dirt and other impurities or to 

reduce absorption of liquid into the fabric's fibers. Fabric protectant does not 

include waterproofers, products designed for use solely on leather, or products 

designed for use solely on fabrics which are labeled "for dry clean only" and sold 

in containers of 10 fluid ounces or less. 

“Fabric refresher” means a product labeled to neutralize or eliminate odors 

on non-laundered fabric including, but not limited to, soft household surfaces, rugs, 

carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, 

clothing and/or on household furniture or objects upholstered or covered with 

fabrics such as, but not limited to, wool, cotton or nylon. Fabric refresher does not 

include anti-static product, carpet and upholstery cleaner, soft household surface 

sanitizers, footwear or leather care product, spot remover, or disinfectant, or 

products labeled for application to both fabric and human skin. For the purposes 

of this definition only, soft household surface sanitizer means a product labeled to 

neutralize or eliminate odors on surfaces listed above whose label is registered as 

a sanitizer under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA, 

7 USC 136 et seq.). 

7 DE Admin Code 1141 – Page 12
“Facial cleaner or soap” means a cleaner or soap designed primarily to 

clean the face. Facial cleaner or soap includes, but is not limited to, facial 

cleansing creams, gels semisolids, liquids, lotions, and substrate-impregnated 

forms. Facial cleaner or soap does not include prescription drug products, 

antimicrobial hand or body cleaner or soap, astringent/toner, general-use hand or 

body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol. 

“Fat wood” means pieces of wood kindling with high naturally-occurring levels 

of sap or resin which enhance ignition of the kindling. Fat wood does not include 

any kindling with substances added to enhance flammability, such as waxcovered or wax-impregnated wood-based products. 

“Flea and tick insecticide” means any insecticide product that is designed 

for use against fleas, ticks, their larvae, or their eggs. Flea and tick insecticide 

does not include products that are designed to be used exclusively on humans or 

animals and their bedding. 

“Flexible flooring material” means asphalt, cork, linoleum, no-wax, rubber, 

seamless vinyl and vinyl composite flooring. 

“Floor coating” means an opaque coating that is labeled and designed for 

application to flooring, including, but not limited to, decks, porches, steps and 

other horizontal surfaces which may be subject to foot traffic. 

“Floor polish or wax” means a wax, polish, or any other product designed to 

polish, protect, or enhance floor surfaces by leaving a protective coating that is 

designed to be periodically replenished. Floor polish or wax does not include 

spray buff products, products designed solely for the purpose of cleaning floors, 

floor finish strippers, products designed for unfinished wood floors, and coatings 

subject to architectural coatings regulations. 

“Floor seam sealer” means any product designed and labeled exclusively for 

bonding, fusing, or sealing (coating) seams between adjoining rolls of installed 

flexible sheet flooring. 

“Floor wax stripper” means a product designed to remove natural or 

synthetic floor polishes or waxes through breakdown of the polish or wax 

polymers, or by dissolving or emulsifying the polish or wax. Floor wax stripper 

does not include aerosol floor wax strippers or products designed to remove floor 

wax solely through abrasion. 

“Flying bug insecticide” means any insecticide product that is designed for 

use against flying insects or other flying arthropods, including but not limited to 

flies, mosquitoes, moths, or gnats. Flying bug insecticide does not include wasp 

and hornet insecticide, products that are designed to be used exclusively on 

humans or animals, or any 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. 

7 DE Admin Code 1141 – Page 13
“Footwear or leather care product” means any product designed or labeled 

to be applied to footwear or to other leather articles/components, to maintain, 

enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of 

the footwear or leather article/component. Footwear includes both leather and 

non-leather foot apparel. Footwear or leather care product does not include fabric 

protectant, general purpose adhesive, contact adhesive, 

vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric 

refresher, products solely for deodorizing, or sealant products with adhesive 

properties used to create external protective layers greater than 2 millimeters thick. 

“Fragrance” means 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 Hg at 20 degrees C, the sole purpose of which 

is to impart an odor or scent, or to counteract a malodor. 

“Furniture maintenance product” means a wax, polish, conditioner, or any 

other product designed for the purpose of polishing, protecting or enhancing 

finished wood surfaces other than floors. Furniture maintenance product does not 

include dusting aids, wood cleaners and products designed solely for the purpose 

of cleaning, and products designed to leave a permanent finish such as stains, 

sanding sealers and lacquers. 

“Furniture coating” means any paint designed for application to room 

furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, 

chairs, beds, and sofas. 

“Gel” means a colloid in which the disperse phase has combined with the 

continuous phase to produce a semisolid material, such as jelly. 

“General purpose adhesive” means any non-aerosol adhesive designed for 

use on a variety of substrates. General purpose adhesive does not include: 

(1) contact adhesives; 

(2) construction, panel, and floor covering adhesives; 

(3) adhesives designed exclusively for application on one specific category 

of substrates (i.e., substrates that are composed of similar materials, 

such as different types of metals, paper products, ceramics, plastics, 

rubbers, or vinyls); or 

(4) adhesives designed exclusively for use on one specific category of 

articles (i.e., articles that may be composed of different materials but 

perform a specific function, such as gaskets, automotive trim, weatherstripping, or carpets). 

“General purpose cleaner” means a product designed for general allpurpose cleaning, in contrast to cleaning products designed to clean specific 

substrates in certain situations. General purpose cleaner includes products 

designed for general floor cleaning, kitchen or countertop cleaning, and cleaners 

designed to be used on a variety of hard surfaces and does not include general 

purpose degreasers and electronic cleaners. 

7 DE Admin Code 1141 – Page 14
“General purpose degreaser” means any 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. General purpose 

degreaser 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: 

(1) sold exclusively to establishments which manufacture or construct 

goods or commodities; and 

(2) labeled "not for retail sale". 

 Solvent cleaning tanks or related equipment includes, but is not limited to, 

cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning 

machines, or products designed to clean miscellaneous metallic parts by 

immersion in a container. 

“General-use hand or body cleaner or soap” means a cleaner or soap 

designed to be used routinely on the skin to clean or remove typical or common 

dirt and soils. General-use hand or body cleaner or soap includes, but is not 

limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower or 

bath gels, and moisturizing cleaners or soaps. General-use hand or body cleaner 

or soap does not include prescription drug products, anti-microbial hand or body 

cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing 

detergent (including anti-microbial), heavy-duty hand cleaner or soap, medicated 

astringent/medicated toner, or rubbing alcohol. 

“Glass cleaner” means a cleaning product designed primarily for cleaning 

surfaces made of glass. Glass cleaner does not include products designed solely 

for the purpose of cleaning optical materials used in eyeglasses, photographic 

equipment, scientific equipment and photocopying machines. 

“Gross Delaware sales” means the estimated total State of Delaware sales 

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 determines will provide an accurate State of Delaware sales estimate: 

(1) apportionment of national or regional sales of the ACP product to State 

of Delaware sales, determined by multiplying the average national or 

regional sales of the product by the fraction of the national or regional 

population, respectively, that is represented by the State of Delaware's 

current population; or 

(2) any other documented method which provides an accurate estimate of 

the total current State of Delaware sales of the ACP product. 

 “Graffiti remover” means a product labeled to remove spray paint, ink, 

marker, crayon, lipstick, nail polish or shoe polish, from a variety of non-cloth or 

non-fabric substrates. Graffiti remover does not include paint remover and 

stripper, nail polish remover, or spot remover. Products labeled for dual use as 

both a paint stripper and a graffiti remover are considered graffiti removers. 

7 DE Admin Code 1141 – Page 15
“Hair mousse” means a hairstyling foam designed to facilitate styling of a 

coiffure and provide limited holding power. 

“Hair shine” means any product designed for the primary purpose of creating 

a shine when applied to the hair. Hair shine includes, but is not limited to, dual-use 

products designed primarily to impart a sheen to the hair. Hair shine does not 

include hair spray, hair mousse, hair styling product, hair styling gel, or products 

whose primary purpose is to condition or hold the hair. 

“Hair styling gel” means a consumer product manufactured before May 1, 

2009 that is a high viscosity, often gelatinous, product that contains a resin and is 

designed for application to hair to aid in styling and sculpting of the hair coiffure. 

“Hair spray” means: 

(1) for products before May 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. and 

(2) for products manufactured on or after May 1, 2009: a consumer product 

that is applied to styled hair, and is designed or labeled to provide 

sufficient rigidity, to hold, retain and/or finish the style of the hair for a 

period of time. Hair spray includes aerosol hair sprays, pump hair 

sprays, spray waxes; color, glitter or sparkle hairsprays that make 

finishing claims; and products that are both a styling and finishing

product. Hair spray does not include spray products that are intended 

to aid in styling but do not provide finishing of a hair style. For the 

purposes of this definition, finish or finishing means the maintaining 

and/or holding of previously styled hair for a period of time and styling 

means the forming, sculpting, or manipulating the hair to temporarily 

alter the hair’s shape. 

“Hair styling product” means a consumer product manufactured on or after 

May 1, 2009, that is designed or labeled for the application to wet, damp or dry 

hair to aid in defining, shaping, lifting, styling, and/or sculpting of the hair. Hair 

styling product includes, but is not limited to, hair balm, clay, cream, creme, curl 

straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, 

stick, temporary hair straightener, wax, spray products that aid in styling but do 

not provide finishing of a hair style, and leave-in volumizers, detanglers and/or 

conditioners that make styling claims. Hair styling product does not include hair 

mousse, hair shine, hair spray, or shampoos or conditioners that are rinsed from 

the hair prior to styling. For the purposes of this definition, finish or finishing 

means the maintaining and/or holding of previously styled hair for a period of time 

and styling means forming, sculpting, or manipulating the hair to temporarily alter 

the hair’s shape. 

“Heavy-duty hand cleaner or soap” means a product designed to clean or 

remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, 

printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand 

with or without the use of water. Heavy-duty hand cleaner or soap does not 

7 DE Admin Code 1141 – Page 16
include prescription drug products, anti-microbial hand or body cleaner or soap, 

astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, 

medicated astringent/medicated toner or rubbing alcohol. 

“Herbicide” means a pesticide product designed to kill or retard a plant's 

growth, but excludes products that are; for agricultural use, or restricted materials 

that require a permit for use and possession. 

“High volatility organic compound (HVOC)” means any volatile organic 

compound that exerts a vapor pressure greater than 80 mm Hg when measured 

at 20oC. 

“Household product” means any 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” means a pesticide product that is designed for use against 

insects or other arthropods, but excluding products that are: 

(1) for agricultural use; 

(2) for a use which requires a structural pest control license under Title 3 

Del.C. Ch. 12; or 

(3) restricted materials that require a permit for use and possession. 

“Insecticide fogger” means any insecticide product designed to release all or 

most of its content, as a fog or mist, into indoor areas during a single application. 

“Institutional product” or “Industrial and institutional (I & I) product”

means a consumer product that is designed for use in the maintenance or 

operation of an establishment that: 

(1) manufactures, transports, or sells goods or commodities, or provides 

services for profit; or 

(2) is engaged in the nonprofit promotion of a particular public, educational, 

or charitable cause. 

 Establishments include, but are not limited to, government agencies, factories, 

schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile 

service and parts centers, health clubs, theaters, or transportation companies. 

Institutional product does not include household products and products that are 

incorporated into or used exclusively in the manufacture or construction of the 

goods or commodities at the site of the establishment. 

“Label” means any written, printed, or graphic matter affixed to, applied to, 

attached to, blown into, formed, molded into, embossed on, or appearing upon 

any 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. 

7 DE Admin Code 1141 – Page 17
“Laundry prewash” means a product that is designed for application to a 

fabric prior to laundering and that supplements and contributes to the 

effectiveness of laundry detergents and/or provides specialized performance. 

 

“Laundry starch product” means a product that is designed for application to 

a fabric, either during or after laundering, to impart and prolong a crisp, fresh look 

and may also act to help ease ironing of the fabric. Laundry starch product 

includes, but is not limited to, fabric finish, sizing, and starch. 

“Lawn and garden insecticide” means an insecticide product labeled 

primarily to be used in household lawn and garden areas to protect plants from 

insects or other arthropods. Notwithstanding the requirements of 2.5.2 of this 

regulation, lawn and garden insecticides (aerosol) may claim to kill insects and 

other arthropods. 

“Liquid” means a substance or mixture of substances which is capable of a 

visually detectable flow as determined under ASTM D-4359-90 (2006), 

incorporated by reference in 2.8.3 of this regulation. Liquid does not include 

powders or other materials that are composed entirely of solid particles. 

“Lubricant” means a product designed to reduce friction, heat, noise, or wear 

between moving parts, or to loosen rusted or immovable parts or mechanisms. 

Lubricant does not include: 

(1) automotive power steering fluids; 

(2) products for use inside power generating motors, engines, and turbines, 

and their associated power-transfer gearboxes; 

(3) two cycle oils or other products designed to be added to fuels; 

(4) products for use on the human body or animals; or products that are 

(a) sold exclusively to establishments which manufacture or construct 

goods or commodities, and 

(b) labeled "not for retail sale". 

“LVP content” means the total weight, in pounds, of LVP-VOC compounds in 

an ACP product multiplied by 100 and divided by the product's total net weight, in 

pounds, excluding container and packaging, expressed to the nearest 0.1 percent. 

“LVP-VOC” means a low vapor pressure chemical compound or mixture that 

contains at least one carbon atom and meets one of the following: 

(1) has a vapor pressure less than 0.1 mm Hg at 20oC, as determined by 

CARB Method 310, incorporated by reference in 2.8.1 of this 

regulation; or 

(2) 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; or 

7 DE Admin Code 1141 – Page 18
(3) is a chemical "compound" with a boiling point greater than 216o

C, as 

determined by CARB Method 310, incorporated by reference in 2.8.1 

of this regulation; or 

(4) is the weight percent of a chemical "mixture" that boils above 216oC, as 

determined by CARB Method 310, incorporated by reference in 2.8.1 

of this regulation. 

 For the purposes of the definition of LVP-VOC, chemical compound means a 

molecule of definite chemical formula and isomeric structure, and chemical 

mixture means a substrate comprised of two or more chemical compounds. 

“Manufacturer” means any person who imports, manufactures, assembles, 

produces, packages, repackages, or relabels a consumer product. 

“Medicated astringent/medicated toner” means any product regulated as a 

drug by the FDA which is applied to the skin for the purpose of cleaning or 

tightening pores. Medicated astringent/medicated toner includes, but is not limited 

to, clarifiers and substrate-impregnated products. Medicated astringent/medicated 

toner does not include hand, face, or body cleaner or soap products, 

astringent/toner, cold cream, lotion, antiperspirants, or products that must be 

purchased with a doctor's prescription. 

“Medium volatility organic compound (MVOC)” means any volatile organic 

compound that exerts a vapor pressure greater than 2 mm Hg and less than or 

equal to 80 mm Hg when measured at 20o

C. 

“Metal polish/cleanser” means any product designed primarily to improve the 

appearance of finished metal, metallic, or metalized surfaces by physical or 

chemical action. To improve the appearance means to remove or reduce stains, 

impurities, or oxidation from surfaces or to make surfaces smooth and shiny. 

Metal polish/cleanser includes, but is not limited to, metal polishes used on brass, 

silver, chrome, copper, stainless steel and other ornamental metals. Metal 

polish/cleanser does not include: automotive wax, polish, sealant or glaze; wheel 

cleaner; paint remover or stripper; products designed and labeled exclusively for 

automotive and marine detailing; or, products designed for use in degreasing 

tanks. 

“Missing data days” means the number of days in a compliance period for 

which the responsible ACP party has failed to record the required enforceable 

sales or VOC content data, as specified in the ACP. 

“Mist spray adhesive” means any 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. 

“Multi-purpose dry lubricant” means any lubricant which is: 

7 DE Admin Code 1141 – Page 19
(1) designed and labeled to provide lubricity by depositing a thin film of 

graphite, molybdenum disulfide ("moly"), or polytetrafluoroethylene or 

closely related fluoropolymer ("Teflon") on surfaces; and 

(2) designed for general purpose lubrication, or for use in a wide variety of 

applications. 

“Multi-purpose lubricant” means any lubricant designed for general purpose 

lubrication, or for use in a wide variety of applications. Multi-purpose lubricant 

does not include: multi-purpose dry lubricants; penetrants; or, silicone-based 

multi-purpose lubricants. 

“Multi-purpose solvent” means any organic liquid designed to be used for a 

variety of purposes, including cleaning or degreasing of a variety of substrates, or 

thinning, dispersing or dissolving other organic materials. Multi-purpose solvent 

includes solvents used in institutional facilities, except for laboratory reagents 

used in analytical, educational, research, scientific or other laboratories. Multipurpose solvent does not include solvents used in cold cleaners, vapor 

degreasers, conveyorized degreasers or film cleaning machines, or solvents that 

are incorporated into, or used exclusively in the manufacture or construction of, 

the goods or commodities at the site of the establishment. 

“Nail polish” means any clear or colored coating designed for application to 

the fingernails or toenails and including but not limited to, lacquers, enamels, 

acrylics, base coats and top coats. 

“Nail polish remover” means a product designed to remove nail polish and 

coatings from fingernails or toenails. 

“Non-aerosol product” means any consumer product that is not dispensed 

by a pressurized spray system. 

“Non-carbon containing compound” means any compound which does not 

contain carbon atoms. 

“Non-resilient flooring” means flooring of a mineral content which is not 

flexible. Non-resilient flooring includes terrazzo, marble, slate, granite, brick, 

stone, ceramic tile and concrete. 

“Non-selective terrestrial herbicide” means a terrestrial herbicide product 

that is toxic to plants without regard to species. 

“One-product business” means a responsible ACP party which sells, 

supplies, offers for sale, or manufactures for use in the State of Delaware: 

(1) only one distinct ACP product, sold under one product brand name, 

which is subject to the requirements of 2.3 of this regulation; or 

(2) only one distinct ACP product line subject to the requirements of 2.3 of 

this regulation, in which all the ACP products belong to the same 

product category or categories and the VOC contents in the products 

7 DE Admin Code 1141 – Page 20
are within 98.0% and 102.0% of the arithmetic mean of the VOC 

contents over the entire product line. 

“OTC state” means any of the following, considered to be in the Ozone 

Transport Region as defined in the CAA and members of the Ozone Transport 

Commission (OTC): Connecticut, Delaware, District of Columbia, Maryland, 

Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, 

Rhode Island, Virginia and Vermont. 

“Oven cleaner” means any cleaning product designed to clean and to remove 

dried food deposits from oven interiors. 

“Paint” means any pigmented liquid, liquefiable, or mastic composition 

designed for application to a substrate in a thin layer which is converted to an 

opaque solid film after application and is used for protection, decoration or 

identification, or to serve some functional purpose such as the filling or concealing 

of surface irregularities or the modification of light and heat radiation 

characteristics. 

“Paint remover or stripper” means any product designed to strip or remove 

paints or other related coatings, by chemical action, from a substrate without 

markedly affecting the substrate. Paint remover or stripper does not include: 

(1) multi-purpose solvents; 

(2) paint brush cleaners; 

(3) products designed and labeled exclusively as graffiti removers; and 

(4) hand cleaner products that claim to remove paints and other related 

coating from skin. 

“Penetrant” means a lubricant designed and labeled primarily to loosen metal 

parts that have bonded together due to rusting, oxidation, or other causes. 

Penetrant does not include multi-purpose lubricants that claim to have penetrating 

qualities, but are not labeled primarily to loosen bonded parts.

“Personal fragrance product” means any product which is applied to the 

human body or clothing for the primary purpose of adding a scent or masking a 

malodor, including cologne, perfume, aftershave and toilet water. Personal 

fragrance product does not include: deodorant; medicated products designed 

primarily to alleviate fungal or bacterial growth on feet or other areas of the body; 

mouthwashes, breath fresheners and deodorizers; lotions, moisturizers, powders 

or other skin care products used primarily to alleviate skin conditions such as 

dryness and irritations; products designed exclusively for use on human genitalia; 

soaps, shampoos and products primarily used to clean the human body; and, 

fragrance products designed to be used exclusively on non-human animals. 

“Pesticide” means any substance or mixture of substances labeled, designed, 

or intended for use in preventing, destroying, repelling or mitigating any pest, or 

any substance or mixture of substances labeled, designed, or intended for use as 

a defoliant, desiccant, or plant regulator, provided that the term will not include 

any substance, mixture of substances, or device which the United States 

7 DE Admin Code 1141 – Page 21
Environmental Protection Agency does not consider a pesticide. (EPA Office of 

Pesticide Programs or see http://www.epa.gov/opppmsd1/PPISdata/index.html.) 

“Pre-ACP VOC content” means the lowest VOC content of an ACP product 

between January 1, 1990 and the date on which the ACP was established by the 

manufacturer, based on available Delaware sales records, or other accurate 

records, whichever yields the lowest VOC content for the product. If a valid ACP is 

in force in another state, product data from that state may be used if it yields the 

lowest VOC content for the product. 

“Pressurized gas duster” means a pressured product labeled to remove dust 

from a surface solely by means of mass air or gas flow, including surfaces such as 

photographs, photographic film negatives, computer keyboards and other types of 

surfaces that cannot be cleaned with solvents. Pressurized gas duster does not 

mean dusting aid. 

“Principal display panel or panels” means that part, or those 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 such principal display 

panels. 

“Product brand name” means the name of the product exactly as it appears 

on the principal display panel of the product. 

“Product category” means the applicable category which best describes the 

product as listed in 2.2 and in Table 2-1 of this regulation. 

“Product form” means, for the purposes of complying with 2.6 of this 

regulation only, the applicable form that most accurately describes the products' 

dispensing form as follows; A=aerosol, S=solids, L= liquids, P= pump sprays, 

SS=semisolid, and O=other. 

“Product line” means a group of products of identical form and function 

belonging to the same product category or categories. 

“Propellant” means a liquefied or compressed gas that is used in whole or in 

part, such as a co-solvent, to expel a liquid or any other material from the same 

self-pressurized container or from a separate container. 

“Pump spray” means a packaging system in which the product ingredients 

within the container are not under pressure and in which the product is expelled 

only while a pumping action is applied to a button, trigger or other actuator. 

“Reconcile or reconciliation” means to provide sufficient VOC emission 

reductions to completely offset any shortfalls generated under the ACP during an 

applicable compliance period. 

7 DE Admin Code 1141 – Page 22
“Reconciliation of shortfalls plan” means the plan to be implemented by the 

responsible ACP party when shortfalls have occurred, pursuant to 2.10.3.7.10 of 

this regulation. 

“Responsible party” means the company, firm or establishment which is 

listed on the product's label. If the label lists two companies, firms or 

establishments, the responsible party is the party which the product was 

"manufactured for" or "distributed by", as noted on the label. 

“Responsible ACP party” means the company, firm or establishment which 

is listed on the ACP product's label. If the label lists two or more companies, firms, 

or establishments, the responsible ACP party is the party which the ACP product 

was "manufactured for" or "distributed by", as noted on the label. 

“Restricted materials” means pesticides established as restricted materials 

under Title 3 Del.C. Ch. 12 or under the Federal Insecticide, Fungicide and 

Rodenticide Act (7 U. S. C. Section 136 et seq.) 

“Retailer” means any person who sells, supplies, or offers consumer products 

for sale directly to consumers. 

“Retail outlet” means any establishment at which consumer products are sold, 

supplied, or offered for sale directly to consumers. 

“Roll-on product” means any antiperspirant or deodorant that dispenses 

active ingredients by rolling a wetted ball or wetted cylinder on the affected area. 

“Rubber and vinyl protectant” means any product designed to protect, 

preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, 

and household products such as vinyl covers, clothing, and accessories. Rubber 

and vinyl protectant does not include products primarily designed to clean the 

wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that 

do not leave an appearance-enhancing or protective substance on the tire. 

“Rubbing alcohol” means any 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. 

“SCAQMD” means the South Coast Air Quality Management District, a part of 

the California Air Resources Board which is responsible for regulation of air quality 

in the State of California. 

“Sealant and caulking compound” means any product with adhesive 

properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints 

between two surfaces. Sealant and caulking compound does not include: 

(1) roof cements and roof sealants; 

(2) insulating foams; 

(3) removable caulking compounds; 

7 DE Admin Code 1141 – Page 23
(4) clear/paintable/water resistant caulking compounds; 

(5) floor seam sealers; 

(6) products designed exclusively for automotive uses; or 

(7) sealers that are applied as continuous coatings. 

 For the purposes of this definition only, removable caulking compound 

means a compound which temporarily seals windows or doors for three to six 

month time intervals, and 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” means a product that, at room temperature, will not pour, but will 

spread or deform easily, including, but not limited to, gels, pastes, and greases. 

“Shaving cream” means an aerosol product which dispenses a foam lather 

intended to be used with a blade or cartridge razor, or other wet-shaving system, 

in the removal of facial or other bodily hair. Shaving cream does not include 

shaving gel. 

“Shaving gel” means an aerosol product which dispenses a post-forming 

semisolid designed to be used with a blade, cartridge razor, or other shaving 

system in the removal of facial or other bodily hair. Shaving gel does not include 

shaving cream. 

“Shortfall” means the ACP emissions minus the ACP limit when the ACP 

emissions were greater than the ACP limit during a specified compliance period, 

expressed to the nearest pound of VOC. Shortfall does not include emissions 

occurring prior to the date the ACP was established. 

“Silicone-based multi-purpose lubricant” means any lubricant which is: (i) 

designed and labeled to provide lubricity primarily through the use of silicone 

compounds including, but not limited to, polydimethylsiloxane, and (ii) designed 

and labeled for general purpose lubrication, or for use in a wide variety of 

applications. Silicone-based multi-purpose lubricant does not include products 

designed and labeled exclusively to release manufactured products from molds. 

“Single-phase aerosol air freshener” means an aerosol air freshener with 

the liquid contents in a single homogeneous phase and which does not require 

that the product container be shaken before use. 

“Small business” means an independently owned and operated business 

with less than 100 employees as defined by the Administrator of the federal Small 

Business Administration pursuant to U. S. Public Law 85-536. 

“Solid” means 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, incorporated by reference 

in 2.8.3 of this regulation. 

7 DE Admin Code 1141 – Page 24
“Special purpose spray adhesive” means an aerosol adhesive that meets 

any of the following definitions: 

(1) “Mounting adhesive” means an aerosol adhesive designed to 

permanently mount photographs, artwork, and any other drawn or 

printed media to a backing (paper, board, cloth, etc.) without causing 

discoloration to the artwork. 

(2) “Automotive engine compartment adhesive” means an aerosol 

adhesive designed for use in motor vehicle under-the-hood 

applications which require oil and plasticizer resistance, as well as high 

shear strength, at temperatures of 200 to 275 degrees F. 

(3) “Flexible vinyl adhesive” means an aerosol adhesive designed to 

bond flexible vinyl to substrates. Flexible vinyl means a nonrigid 

polyvinyl chloride plastic with at least five percent, by weight, of 

plasticizer content. A plasticizer is a material, such as a high boiling 

point organic solvent, that is incorporated into a plastic to increase its 

flexibility, workability, or distensibility, and may be determined using 

ASTM Method D1045-95, incorporated by reference in 2.8.5 of this 

regulation, or from product formulation data. 

(4) “Polystyrene foam adhesive” means an aerosol adhesive designed to 

bond polystyrene foam to substrates. 

(5) “Automotive headliner adhesive” means an aerosol adhesive 

designed to bond together layers in motor vehicle headliners. 

(6) “Polyolefin adhesive” means an aerosol adhesive designed to bond 

polyolefins to substrates. 

(7) “Laminate repair/edgebanding adhesive” means an aerosol 

adhesive designed for: 

(a) touch-up or repair of items laminated with high pressure laminates 

(e.g., lifted edges, delaminates, etc.);or, 

(b) for touch-up, repair, or attachment of edgebanding materials, 

including but not limited to, other laminates, synthetic marble, 

veneers, wood molding, and decorative metals. 

 For the purposes of this definition high pressure laminate means sheet 

materials which consist of paper, fabric, or other core material that have been 

laminated at temperatures exceeding 265 degrees F, and at pressures between 

1,000 and 1,400 psi. 

“Spot remover” means any product labeled to clean localized areas, or 

remove localized spots or stains on cloth or fabric such as drapes, carpets, 

upholstery, and clothing, that does not require subsequent laundering to achieve 

stain removal. Spot remover does not include dry cleaning fluid, laundry pre-wash, 

or multi-purpose solvent. 

“Spray buff product” means a product designed to restore a worn floor finish 

in conjunction with a floor buffing machine and special pad. 

7 DE Admin Code 1141 – Page 25
“Stick product” means any 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” means 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 D (Type 1, Grade A). 

“Surplus reduction” means the ACP limit minus the ACP emissions when the 

ACP limit was greater than the ACP emissions during a given compliance period, 

expressed to the nearest pound of VOC. Surplus reduction does not include 

emissions occurring prior to the date the ACP was established by the 

manufacturer. 

“Surplus trading” means the buying, selling, or transfer of surplus reductions 

between responsible ACP parties. 

"Terrestrial" means to live on or grow from land. 

“Tire sealant and inflators” means any pressurized product that is designed 

to temporarily inflate and seal a leaking tire. 

“Toilet/urinal care product” means any product designed or labeled to clean 

and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, 

or urinals includes, but is not limited to, toilets or urinals connected to permanent 

plumbing in buildings and other structures, portable toilets or urinals placed at 

temporary or remote locations, and toilets or urinals in vehicles such as buses, 

recreational motor homes, boats, ships and aircraft. Toilet/urinal care product 

does not include bathroom and tile cleaner or general purpose cleaner. 

“Total maximum historical emissions (TMHE)” means the total VOC 

emissions from all ACP products for which the responsible ACP party has failed to 

record the required VOC content or enforceable sales records. The TMHE shall 

be calculated for each ACP product during each portion of a compliance period for 

which the responsible ACP party has failed to record the required VOC content or 

enforceable sales records. The TMHE shall be expressed to the nearest pound 

and calculated according to the following calculation: 

1 2 N THME (MHE) += (MHE) + ...(MHE)

where, 

365100

(Highest VOC Content Highest Sales) (Missing DaysData MHE

×

× × =

where, 

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 recording VOC content data (for any 

portion of the compliance period), as specified in the ACP, or the 

7 DE Admin Code 1141 – Page 26
current actual VOC content, if the responsible ACP party has recorded 

all required VOC content data (for the entire compliance period), as 

specified in the ACP; 

Highest Sales = the maximum one-year gross State of Delaware sales of the 

ACP product in the previous 5 years, if the responsible ACP party has 

failed to meet the requirements for recording enforceable sales records 

(for any portion of the compliance period), as specified in the ACP, or 

the current actual one-year enforceable sales for the product, if the 

responsible ACP party has recorded all required enforceable sales 

records (for the entire compliance period), as specified in the ACP; 

Missing Data Days = see "Missing data days" in 2.2 of this regulation; 

1, 2, ..., N = each product in an ACP, up to the maximum N, for which the 

responsible ACP party has failed to record the required enforceable 

sales or VOC content data as specified in the ACP. 

"Type A propellant" means 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" means any halocarbon which is used as a propellant 

including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and 

hydrofluorocarbons (HFCs). 

"Type C propellant" means any 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" means any aerosol product designed to impart a protective, 

non-paint layer to the undercarriage, trunk interior, and/or firewall of motor 

vehicles to prevent the formation of rust or to deaden sound. Undercoating 

includes, but is not limited to, rubberized, mastic, or asphaltic products. 

"Usage directions" means the text or graphics on the product's principal 

display panel, label, or accompanying literature which describes to the end user 

how and in what quantity the product is to be used. 

"VOC content" means, except for charcoal lighter products, the total weight of 

VOC in a product expressed as a percentage of the product weight (exclusive of 

the container or packaging), as determined pursuant to 2.8.1 and 2.8.2 of this 

regulation. 

For charcoal lighter products only, 

Certified RateUse

(Certified Emissions 100) VOC Content × =

where, 

Certified Emissions = emissions level for products specified in 2.3.4 of this 

regulation;

7 DE Admin Code 1141 – Page 27
Certified Use Rate = usage level for products specified in 2.3.4 of this 

regulation. 

"Wasp and hornet insecticide" means any insecticide product that is 

designed for use against wasps, hornets, yellow jackets or bees by allowing the 

user to spray from a distance a directed stream or burst at the intended insects, or 

their hiding place. 

"Waterproofer" means a product designed and labeled exclusively to repel 

water from fabric or leather substrates. Waterproofer does not include fabric 

protectants. 

"Wax" means a material or synthetic thermoplastic substance generally 

composed of high molecular weight hydrocarbons or high molecular weight esters 

of fatty acids or alcohols, except glycerol and high polymers (plastics). Wax 

includes, but is not limited to, substances derived from the secretions of plants 

and animals such as carnuba wax and beeswax, substances of a mineral origin 

such as ozocerite and paraffin, and synthetic polymers such as polyethylene. 

"Web spray adhesive" means any aerosol adhesive which is not a mist spray 

or special purpose spray adhesive. 

“Wood cleaner” means a product labeled to clean wooden materials including, 

but not limited to, decking, fences, flooring, logs, cabinetry, and furniture. Wood 

cleaner does not include dusting aid, general purpose cleaner, furniture 

maintenance product, floor wax stripper, floor polish or wax, or products designed 

and labeled exclusively to preserve or color wood. 

"Wood floor wax" means wax-based products for use solely on wood floors. 

"Working day" means any day between Monday through Friday, inclusive, 

except for days that are federal holidays. 

2.3 Standards and Exemptions 

2.3.1 Except as provided in 2.1 (Applicability), 2.4 (Innovative Products), 

2.7 (Variances), and 2.10 (Alternative Control Plan) of this regulation, 

2.3.1.1 no person shall sell, supply, or offer for sale in the State of 

Delaware any consumer product manufactured on and after the 

effective date shown in Table 2-1 of this regulation which contains 

VOC's in excess of the limits shown in Table 2-1 of this regulation 

and 

2.3.1.2 no person shall manufacture any consumer product on and 

after the effective date shown in Table 2-1 of this regulation for use in 

the State of Delaware which contains volatile organic compounds in 

excess of the limits shown in Table 2-1 of this regulation. 

2.3.2 For products that are diluted prior to use, the following shall apply: 

7 DE Admin Code 1141 – Page 28
2.3.2.1 The limits specified in Table 2-1 of this regulation shall apply 

to consumer products for which the label, packaging, or 

accompanying literature specifically states that the product should be 

diluted with water or non-VOC solvent prior to use, only after the 

minimum recommended dilution has taken place. Minimum 

recommended dilution, for the purposes of 2.3.2.1 of this regulation, 

shall not include recommendations for incidental use of a 

concentrated product to deal with limited special applications such as 

hard-to-remove soils or stains. 

2.3.2.2 The limits specified in Table 2-1 of this regulation shall apply 

to consumer products for which the label, packaging, or 

accompanying literature states that the product should be diluted with 

any VOC solvent prior to use only after the maximum recommended 

dilution has taken place. 

2.3.3 The effective date of the VOC standards specified in Table 2-1 of 

this regulation, for those consumer products that are registered under the 

Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. 

Section 136 et seq.), is one year after the indicated date. Such products 

also must be registered under Title 3 Del.C. Ch. 12. 

2.3.4 The following requirements shall apply to all charcoal lighter 

material products as defined in 2.2 of this regulation: 

2.3.4.1 Regulatory standards. 

No person shall sell, supply, or offer for sale on and after January 1, 

2005 any charcoal lighter material product unless at the time of the 

transaction: 

2.3.4.1.1 The manufacturer or distributor of the charcoal 

lighter material has performed the requisite testing to 

demonstrate that VOC emissions from ignition of charcoal with 

the charcoal lighter material are less than or equal to 0.020 

pound of VOC per start certified emissions), using the 

procedures specified in the South Coast Air Quality 

Management District Rule 1174 Ignition Method Compliance 

Certification Protocol, dated February 27, 1991 (the "SCAQMD 

Rule 1174 Testing Protocol"), incorporated by reference in 

2.8.4.1 of this regulation. The provisions relating to LVP-VOC 

2.2 of this regulation and 2.3. of this regulation shall not apply 

to any charcoal lighter material subject to the requirements of 

2.3.1 and 2.3.4 of this regulation. The Department may 

approve alternative test procedures which are shown to 

provide equivalent results to those obtained using the 

SCAQMD Rule 1174 Testing Protocol 2.8.4 of this regulation. 

2.3.4.1.2 The charcoal lighter material meets the formulation 

criteria and other conditions specified in an applicable ACP. 

7 DE Admin Code 1141 – Page 29
2.3.4.2 The Department may, at any time, request a manufacturer to 

submit information concerning the charcoal lighter material 

manufactured for use in the State of Delaware. The manufacturer 

shall respond within 30 days, in writing, and shall include, at a 

minimum, the following: 

2.3.4.2.1 The results of testing conducted pursuant to the 

procedures specified in SCAQMD Rule 1174 Testing Protocol 

2.8.4 of this regulation. 

2.3.4.2.2 The exact text and/or graphics that appear on the 

charcoal lighter material's principal display panel, label, and 

any accompanying literature. The provided material shall 

clearly show the usage directions for the product. These 

directions shall accurately reflect the quantity of charcoal 

lighter material per pound of charcoal that was used in the 

SCAQMD Rule 1174 Testing Protocol 2.8.4 of this regulation 

for that product, unless: 

2.3.4.2.2.1 the charcoal lighter material is intended 

to be used in fixed amounts independent of the 

amount of charcoal used, such as certain paraffin 

cubes, or 

2.3.4.2.2.2 the charcoal lighter material is already 

incorporated into the charcoal, such as certain "bag 

light," "instant light" or "match light" products. 

2.3.4.2.3 For a charcoal lighter material which meets the 

criteria specified in 2.3.4.2.2.1 of this regulation, the usage 

instructions shall accurately reflect the quantity of charcoal 

lighter material used in the SCAQMD Rule 1174 Testing 

Protocol 2.8.4 of this regulation for that product. 

2.3.4.2.4 Any physical property data, formulation data, or 

other information required by the Department for use in 

determining when a product modification has occurred and for 

use in determining compliance with the conditions specified an 

ACP. 

2.3.4.2.5 Possession of a currently effective certification by 

the CARB under the Consumer Products provisions of Title 17 

of the California Code of Regulations, Division 3, Chapter 1, 

Subchapter 8.5, Article 2, Section 94509(h), or from a state 

with a similar certification procedure, should be noted and a 

copy of the applicable certification decision (i.e., the Executive 

Order) should be included. 

2.3.5 The following requirements for aerosol adhesives shall apply: 

7 DE Admin Code 1141 – Page 30
2.3.5.1 In order to qualify as a special purpose spray adhesive the 

product must meet one or more of the definitions specified in 2.2 of 

this regulation, but if the product label indicates that the product is 

suitable for use on any substrate or application not listed in special 

purpose spray adhesive, then the product shall be classified as either 

a web spray adhesive or a mist spray adhesive. 

2.3.5.2 If a product meets more than one of the definitions 

specified in 2.2 of this regulation for special purpose spray adhesive, 

and is not classified as a web spray adhesive or mist spray adhesive, 

the VOC limit for the product shall be the lowest applicable VOC limit 

specified in Table 2-1 of this regulation. 

 2.3.5.3 Effective May1, 2009, no person shall, sell, supply, offer 

for sale, or manufacture for use in the State of Delaware any aerosol 

adhesive which contains methylene chloride, perchloroethylene, or 

trichloroethylene. 

2.3.6 No person shall sell, supply, offer for sale, or manufacture for use 

in the State of Delaware any floor wax stripper unless the following 

requirements are met: 

2.3.6.1 The label of each non-aerosol floor wax stripper must 

specify a dilution ratio for light or medium build-up of polish that 

results in an as-used VOC concentration of 3 percent by weight or 

less. 

2.3.6.2 If a non-aerosol floor wax stripper is also intended to be 

used for removal of heavy build-up of polish, the label of that floor 

wax stripper must specify a dilution ratio for heavy build-up of polish 

that results in an as-used VOC concentration of 12 percent by weight 

or less. 

2.3.6.3 The terms "light build-up", "medium build-up" or "heavy 

build-up" are not specifically required, as long as comparable 

terminology is used. 

2.3.7 For any consumer product specified in Table 2-1 of this regulation, 

no person shall sell, supply, offer for sale or manufacture for sale in the 

State of Delaware any such consumer product which contains any of the 

following ozone layer depleting compounds; CFC-11;CFC-12; CFC-113; 

CFC-114; CFC-115; halon 1211; halon 1301; halon 2402; HCFC -22; 

HCFC-123; HCFC-124; HCFC-141b; HCFC-142b; carbon tetrachloride and, 

1,1,1-trichloroethane. 

2.3.7.1 The requirements of 2.3.7 shall not apply to any existing 

product formulation that complies with the VOC content limits 

specified in Table 2-1 of this regulation or any existing product 

formulation that is reformulated to meet the VOC content limits of 

7 DE Admin Code 1141 – Page 31
Table 2-1 of this regulation, provided the ozone depleting compound 

content of the reformulated product does not increase. 

 

2.3.7.2 The requirements of 2.3.7 shall not apply to any ozone 

depleting compounds that may be present as impurities in a 

consumer product in an amount equal to or less than 0.01% by 

weight of the product. 

2.3.8 Effective May 1, 2009 no person shall sell, supply, or offer for sale 

in the State of Delaware contact adhesives, electronic cleaners, footwear 

or leather care products, general purpose degreasers, adhesive removers, 

electrical cleaners, or graffiti removers manufactured on and after May 1, 

2009 that contain methylene chloride, perchloroethylene, or 

trichloroethylene in excess of 0.01 % by weight. 

2.3.9 Effective May 1, 2009, no person shall sell, supply, or offer for 

sale in the State of Delaware any solid air fresheners or toilet/urinal care 

products manufactured on and after May 1, 2009 that contain para-di 

chlorobenzene. 

2.3.10 Effective May 1, 2009, no person shall sell supply, or offer for 

sale in the State of Delaware any antiperspirant or deodorant which 

contains any of the following compounds: benzene; ethylene dibromide; 

ethylene dichloride; hexavalent chromium; asbestos; cadmium: carbon 

tetrachloride; trichloroethylene; chloroform; vinyl chloride; inorganic 

arsenic; nickel; perchloroethylene; formaldehyde; 1,3-butadiene; and 

lead. 

NOTE: ITEMS 2.311 THROUGH 2.3.19 CONSTITUTE MISCELLANEOUS 

EXEMPTIONS 

2.3.11 The medium volatility organic compound (MVOC) content 

standards specified in 2.3.1 of this regulation for antiperspirants or 

deodorants, shall not apply to ethanol. 

2.3.12 The VOC limits specified in 2.3.1 of this regulation shall not apply 

to fragrances up to a combined level of 2 percent by weight contained in 

any consumer product and shall not apply to colorants up to a combined 

level of 2 percent by weight contained in any antiperspirant or deodorant. 

2.3.13 The requirements of 2.3.1 of this regulation for antiperspirants or 

deodorants shall not apply to those volatile organic compounds that contain 

more than 10 carbon atoms per molecule and for which the vapor pressure 

is unknown, or that have a vapor pressure of 2 mm Hg or less at 20o C. 

2.3.14 The VOC limits specified in 2.3.1 of this regulation shall not apply 

to any LVP-VOC. 

2.3.15 The VOC limits specified in 2.3.1 of this regulation shall not apply 

to air fresheners that are comprised entirely of fragrance, less compounds 

7 DE Admin Code 1141 – Page 32
not defined as VOCs under 7 DE Admin Code 1101 or exempted under 

2.3.3 of this regulation. 

2.3.16 The VOC limits specified in 2.3.1 of this regulation shall not apply 

to: (1) insecticides containing at least 98% para-dichlorobenzene (2) until 

May 1, 2009, solid air fresheners containing at least 98 % paradichlorobenzene. On and after May 1, 2009, the provisions of 2.3.9 of this 

regulation apply to solid air fresheners containing para-dichlorobenzene. 

2.3.17 VOC limits specified in 2.3.1 of this regulation shall not apply to 

adhesives sold in containers of 1 fluid ounce or less. 

The VOC limits specified in 2.3.1 of this regulation for contact 

adhesive do not apply to units of product, less packaging, which consist of 

more than one gallon. [The VOC limits specified in 2.3.1 of this regulation 

for construction, panel and floor covering adhesive and for general purpose 

adhesive do not apply to units of product, less packaging, which consist of 

more than one pound and more than 16 fluid ounces.] 

2.3.18 The VOC limits specified in 2.3.1 of this regulation shall not apply 

to bait station insecticides. For the purpose of 2.0 of this regulation, bait 

station insecticides are containers enclosing an insecticidal bait that is not 

more than 0.5 ounce by weight, where the bait is designed to be ingested 

by insects and is composed of solid material feeding stimulants with less 

than 5 percent active ingredients. 

2.3.19 The provisions of 2.0 of this regulation do not apply to sealant and 

caulking compound in units of product, less packaging, which weigh more 

than one pound and consist of more than 16 fluid ounces. 

2.4 Innovative Products 

2.4.1 Any manufacturer of consumer products granted an Innovative 

Product Exemption (IPE) by the CARB under the Innovative Products 

provisions in Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5 

Article 1, Section 94503.5 of Title 17 of the California Code of Regulations, 

or granted an IPE by any OTC state, shall be exempt from the standards in 

2.3.1 (Table 2-1) of this regulation for the period of time that said IPE 

remains in effect, provided that all consumer products within said IPE are 

contained in 2.3.1 Table 2-1 of this regulation. Any manufacturer claiming 

an exemption on this basis shall submit to the Department a copy of the 

IPE decision (i.e., the Executive Order or other comparable state action) 

including all conditions applicable to the exemption. The Department 

reserves the right to refuse to honor, revoke or otherwise cancel an IPE 

which it believes has been misrepresented or does not meet the criteria for 

establishing or maintaining an IPE. Only the following provisions of 2.4.2 of 

this regulation shall apply to IPE's exempted under 2.4.2.7, 2.4.2.8, and 

2.4.2.9 of this regulation. 

7 DE Admin Code 1141 – Page 33
2.4.2 Manufacturers of consumer products may seek an IPE in 

accordance with the following criteria: 

2.4.2.1 The Department shall exempt a consumer product from the 

VOC limits specified in 2.3.1 of this regulation if a manufacturer 

demonstrates by clear and convincing evidence that, due to some 

characteristic of the product formulation, design, delivery systems or 

other factors, the use of the product will result in less VOC emissions 

as compared to: 

2.4.2.1.1 the VOC emissions from a representative 

consumer product which complies with the VOC limits 

specified in 2.3.1 of this regulation; or, 

2.4.2.1.2 the calculated VOC emissions from a noncomplying representative product, if the product had been 

reformulated to comply with the VOC limits specified in 2.3.1 of 

this regulation. VOC emissions shall be calculated using the 

following equation: 

NC

NC STD

R VOC

VOCE E × =

where: 

ER = The VOC emissions from the non-complying 

representative product, had it been reformulated. 

ENC = The VOC emissions from the non-complying 

representative product in its current formulation. 

VOCSTD = the VOC limit specified in 2.3.1 (Table 2-1) of this 

regulation. 

VOCNC = the VOC content of the non-complying product in its 

current formulation. 

If a manufacturer demonstrates that this equation yields 

inaccurate results due to some characteristic of the product 

formulation or other factors, an alternative method which 

accurately calculates emissions may be used upon approval of 

the Department. 

2.4.2.2 For the purposes 2.4.2.1 of this regulation, representative 

consumer product means a consumer product which meets all of the 

following criteria: 

2.4.2.2.1 The representative consumer product shall be 

subject to the same VOC limit in 2.3.1 of this regulation as the 

innovative product. 

2.4.2.2.2 The representative consumer product shall be of 

the same product form as the innovative product, unless the 

7 DE Admin Code 1141 – Page 34
innovative product uses a new form which does not exist in the 

product category at the time the application is made. 

2.4.2.2.3 The representative consumer product shall have at 

least similar efficacy as other consumer products in the same 

product category based on tests generally accepted for that 

product category by the consumer products industry. 

2.4.2.3 A manufacturer shall apply in writing to the Department for 

any exemption claimed under 2.4.2.1 of this regulation. The 

application shall include supporting documentation that demonstrates 

the emissions from the innovative product, including the actual 

physical test methods used to generate the data and, if necessary, 

the consumer testing undertaken to document product usage. 

In addition, the applicant must provide any information necessary 

to enable the Department to establish enforceable conditions for 

granting the exemption including the VOC content for the innovative 

product and test methods for determining the VOC content. All 

information submitted to the Department is subject to public review 

under terms of the Freedom of Information Act (FOIA) (to be found at 

Title 29 Del.C. Ch. 100), unless deemed to be confidential by the 

Secretary in accordance with the procedures outlined in the FOIA 

regulation and codified at Title 29 Del.C. Ch. 100, Section 10002(d). 

The procedure an applicant must follow in order to have information 

classified as confidential is reviewed in the DNREC FOIA regulation 

which can be obtained from the Department. 

If a manufacturer has been refused an IPE or had an IPE revoked 

by the CARB or any OTC state, details shall be included in the 

application. 

2.4.2.4 Within 30 days of receipt of the exemption application the 

Department shall determine whether an application is complete. 

2.4.2.5 Within 90 days after an application has been deemed 

complete, the Department shall determine whether, under what 

conditions, and to what extent, an exemption from the requirements 

of 2.3.1 of this regulation will be permitted. The applicant and the 

Department may mutually agree to a longer time period for reaching a 

decision, and additional supporting documentation may be submitted 

by the applicant before a decision has been reached. The 

Department shall notify the applicant of the decision in writing and 

specify such terms and conditions as are necessary to insure that 

emissions from the product will meet the emissions reductions 

specified in 2.4.2.1 of this regulation, and that such emissions 

reductions can be enforced. 

2.4.2.6 In granting an exemption for a product the Department shall 

establish conditions that are enforceable. These conditions shall 

7 DE Admin Code 1141 – Page 35
include the VOC content of the innovative product, dispensing rates, 

application rates and any other parameters determined by the 

Department to be necessary. The Department also shall specify the 

test methods for determining conformance to the conditions 

established. The test methods shall include criteria for reproducibility, 

accuracy, sampling and laboratory procedures. 

2.4.2.7 For any product for which an exemption has been granted 

pursuant to 2.4.1 or 2.4.2 of this regulation, the manufacturer shall 

notify the Department in writing within 30 days of any change in the 

product formulation or recommended product usage directions, and 

shall also notify the Department within 30 days if the manufacturer 

learns of any information which would alter the emissions estimates 

submitted to the Department in support of the exemption application. 

2.4.2.8 If the VOC limits specified in 2.3.1 of this regulation are 

lowered for a product category through any subsequent rule making, 

all innovative product exemptions granted for products in the product 

category, except as provided in 2.4.2.8 of this regulation, shall have 

no force and effect as of the effective date of the modified VOC 

standard. This shall not apply to those innovative products which 

have VOC emissions less than the applicable lowered VOC limit and 

for which a written notification of the product's emissions status 

versus the lowered VOC limit has been submitted to and approved by 

the Department at least 60 days before the effective date of such 

limits. 

2.4.2.9 If the Department believes that a consumer product for 

which an exemption has been granted no longer meets the criteria for 

an innovative product specified in 2.4.2.1 of this regulation, the 

Department may modify or revoke the exemption as necessary to 

assure that the product will meet these criteria. The Department shall 

not modify or revoke an exemption without first affording the applicant 

an opportunity to appeal the Department's decision to the Secretary, 

in writing. 

2.5 Administrative Requirements 

2.5.1 Each manufacturer of a consumer product subject to Section 2.0 of 

this regulation shall clearly display on each consumer product container or 

package, the day, month, and year when the product was manufactured, or 

a code indicating such date. The date or date-code information shall be 

located on the container or inside the cover/cap so that it is readily 

observable or obtainable (by simply removing the cover/cap) without

irreversibly disassembling any part of the container or packaging. Date or 

date-code information may be displayed on the bottom of the container or 

packaging as long as it is clearly legible without removing any product 

packing. No person shall erase, alter, deface or otherwise remove or make 

illegible any date or date-code from any regulated product container. The 

requirements of this provision shall not apply to products containing VOCs 

7 DE Admin Code 1141 – Page 36
at 0.10% by weight or less. The requirements of 2.5.1 of this regulation 

shall not apply to consumer products registered under the Federal 

Insecticide, Fungicide and Rodenticide Act FIFRA; 7 U.S.C. Section 136 (et 

seq.), or Title 3 Del.C. Ch. 12. 

2.51.1 A manufacturer using the following code to indicate the date 

of manufacture shall not be subject to 2.5.1.2 of this regulation, if the 

code is represented separately from other codes on the product 

container so that it is easily recognizable: 

 YYDDD = year year day day day 

 

 where: 

 YY = two digits representing the year in which the product was 

 manufactured 

 DDD= three digits representing the day of the year the product 

 was manufactured, with 001 representing the first day of 

the year, 002 representing the second day of the year, 

etc. (the Julian date). 

2.5.1.2 If a manufacturer elects to use a date-code other than 

represented in 2.5.1.1 of this regulation for any consumer product 

subject to 2.0 of this regulation an explanation of the date portion 

of the code must be filed with the Department before May 1, 

2009 and must be refilled every time the date code is changed. 

Date-codes and date-code explanations indicating the date 

of manufacture are considered public information and will not be 

kept confidential. 

2.5.2 Most Restrictive Limit 

 

2.5.2.1 Notwithstanding the definition of product category in 2.2 of 

this regulation, if anywhere on the principal display panel of any 

consumer product manufactured before May 1, 2009, or any FIRFRAregistered insecticide manufactured before May 1, 2010, any 

representation is made that the product may be used as, or is suitable 

for use as a consumer product for which a lower VOC limit is 

specified in 2.3.1 (Table 2-1) of this regulation, then the lowest VOC 

limit shall apply. This requirement does not apply to general purpose 

cleaners, and antiperspirant/deodorant products, and insecticide 

foggers. 

2.5.2.2 Notwithstanding the definition of product category in 2.2 of 

this regulation, if anywhere on the container or packaging of any 

consumer product manufactured on or after May 1 ,2009, or any 

FIFRA-registered insecticide manufactured on or after May 1, 2010, 

or on any sticker or label affixed thereto, any representation is made 

that the product may be used as, or is suitable for use as a consumer 

product for which a lower VOC limit is specified in 2.3.1 (Table 2-1) of 

7 DE Admin Code 1141 – Page 37
this regulation, then the lowest VOC limit shall apply. This 

requirement does not apply to general purpose cleaners, 

antiperspirant/deodorant products and insecticide foggers. 

2.5 3 Additional Labeling Requirements for Aerosol Adhesives. 

2.5.3.1 In addition to the requirements specified in 2.5.1, 2.5.2, and 

2.6 of this regulation, both the manufacturer and responsible party for 

each aerosol adhesive, adhesive remover, electronic cleaner, 

electrical cleaner, energized electric cleaner, and contact adhesive 

product subject to 2.0 of this regulation shall ensure that all products 

clearly display the following information on each product container 

which is manufactured on or after the effective date for the category 

specified in 2.3.1 (Table 2-1) of this regulation. 

2.5.3.1.1 The product category as specified in 2.3.1 (Table 2-1) 

of this regulation or an abbreviation of the category shall be 

displayed. 

2.5.3.1.2 The applicable VOC standard for the product that 

is specified in 2.3.1 (Table 2-1) of this regulation, except for 

energized electric cleaner, expressed as a percentage by 

weight, shall be displayed unless the product is included in an 

ACP, as provided in 2.10 of this regulation and the product 

exceeds the applicable VOC standard. 

If the product is included in an ACP, and the product exceeds 

the applicable VOC standard specified in 2.3.1 (Table 2-1) of 

this regulation, the product shall be labeled with the term ACP 

or ACP product. 

2.5.3.1.3 If the product is classified as a special purpose 

spray adhesive, the applicable substrate and/or application or 

an abbreviation of the substrate/application that qualifies the 

product as special purpose shall be displayed. 

2.5.3.1.4 If the manufacturer or responsible party uses an 

abbreviation as allowed by 2.5.3.1.1 of this regulation, an 

explanation of the abbreviation must be filed with the 

Department before the abbreviation is used. 

2.5.3.2 The information required in 2.5.3.1 of this regulation, shall 

be displayed on the product container such that it is readily 

observable without removing or disassembling any portion of the 

product container or packaging. For the purposes of 2.5.3.2 of this 

regulation, information may be displayed on the bottom of a container 

as long as it is clearly legible without removing any product packaging. 

2.6 Reporting Requirements 

7 DE Admin Code 1141 – Page 38
2.6.1 Upon 90 days written notice, the Department may require any 

responsible party to report information for any consumer product or 

products the Department may specify including, but not limited to, all or part 

of the information listed in 2.6.1.1 through 2.6.1.12 of this regulation. If 

their responsible party does not have or does not provide the information 

requested by the Department, the Department may require the reporting of 

this information by the person that has the information, including, but not 

limited to, any formulator, manufacturer, supplier, parent company, private 

labeler, distributor, or repackager. 

2.6.1.1 the name of the responsible party and the party's address, 

telephone number, and designated contact person; 

2.6.1.2 any claim of confidentiality which shall be handled as 

specified in 2.10.12 of this regulation; 

2.6.1.3 the product brand name for each consumer product and 

upon request by the Department, the product label; 

2.6.1.4 the product category to which the consumer product belongs; 

2.6.1.5 the applicable product form or forms listed separately; 

2.6.1.6 an identification of each product brand name and form as a 

household product, I & I product, or both; 

2.6.1.7 separate Delaware sales in pounds per year, to the nearest 

pound, and the method used to calculate Delaware sales for each 

product form; 

2.6.1.8 for reports submitted by two companies, an identification of 

the company which is submitting relevant data separate from that 

submitted by the responsible party. All information from both 

companies shall be submitted by the date specified in 2.6.1 of this 

regulation; 

2.6.1.9 for each product brand name and form, the net percent by 

weight of the total product, less container and packaging, comprised 

of the following, rounded to the nearest one tenth of a percent (0.1%): 

2.6.1.9.1 Total exempt compounds 

2.6.1.9.2 Total LVP-VOCs that are not fragrances 

2.6.1.9.3 Total all other carbon containing compounds that 

are not fragrances 

2.6.1.9.4 Total all non-carbon containing compounds 

2.6.1.9.5 Total fragrance 

7 DE Admin Code 1141 – Page 39
2.6.1.9.6 For products containing greater than two percent by 

weight fragrance: 

2.6.1.9.6.1 the percent of fragrance that are LVPVOCs, and 

2.6.1.9.6.2 the percent of fragrance that are all 

other carbon containing compounds 

2.6.1.9.7 Total paradichlorobenzene; 

2.6.1.10 for each product brand name and form, the identity, 

including the specific chemical name and associated Chemical 

Abstract Services (CAS) number, of the following: 

2.6.1.10.1 Each exempt compound 

2.6.1.10.2 Each LVP-VOC that is not a fragrance; 

2.6.1.11 if applicable, the weight percent comprised of propellant for 

each product; and 

2.6.1.12 if applicable, an identification of the type of propellant (Type 

A, Type B, Type C, or a blend of the different types). 

2.6.2 All information submitted by responsible parties pursuant to 2.6 of this 

regulation shall be handled in accordance with confidentiality procedures 

which are specified in 2.10.12 of this regulation. 

2.7 Variances 

2.7.1 Any person who cannot comply with the requirements set forth in 

2.3 of this regulation, because of extraordinary reasons beyond the 

person's reasonable control, may apply in writing to the Department for a 

variance. The variance application shall set forth: 

2.7.1.1 the specific grounds upon which the variance is sought; 

2.7.1.2 the proposed date or dates by which compliance with the 

provisions of 2.3 of this regulation will be achieved; and 

2.7.1.3 a compliance report reasonably detailing the method or 

methods by which compliance will be achieved. 

2.7.2 Upon receipt of a variance application containing the information 

required in 2.7.1 of this regulation, the Department shall hold a public 

hearing to determine whether, under what conditions, and to what extent, a 

variance from the requirements in 2.3 of this regulation is necessary and 

will be permitted. Notice of the time and place of the hearing shall be sent 

to the applicant by certified mail not less than 30days prior to the hearing. 

Notice of the hearing also shall be submitted for publication in the Delaware 

7 DE Admin Code 1141 – Page 40
Register and sent to every person who requests such notice, not less than 

30 days prior to the hearing. The notice shall state that the parties may, but 

need not be, represented by counsel at the hearing. At least 30 days prior 

to the hearing, the variance application shall be made available to the 

public for inspection. Interested members of the public shall be allowed a 

reasonable opportunity to testify at the hearing and their testimony shall be 

considered. 

The applicant may wish to have some information treated as 

confidential. Procedures for establishing confidentiality are specified in 

2.10.12 of this regulation. The Department may consider such confidential 

information in reaching a decision on a variance application. 

2.7.3 No variance shall be granted unless all of the following findings are 

made: 

2.7.3.1 that, because of reasons beyond the reasonable control of 

the applicant, requiring compliance with 2.3 of this regulation would 

result in extraordinary economic hardship; 

2.7.3.2 that the public interest in mitigating the extraordinary 

hardship to the applicant by issuing the variance outweighs the public 

interest in avoiding any increased emissions of air contaminants 

which would result from issuing the variance; and 

2.7.3.3 that the compliance report proposed by the applicant can 

reasonably be implemented, and will achieve compliance as 

expeditiously as possible. 

2.7.4 Any variance order shall specify a final compliance date by which 

the requirements of 2.3 of this regulation will be achieved. Any variance 

order shall contain a condition that specifies increments of progress 

necessary to assure timely compliance, and such other conditions that the 

Department, in consideration of the testimony received at the hearing, finds 

necessary to carry out the purposes of the State of Delaware's 

environmental regulations . 

2.7.5 A variance shall cease to be effective upon failure of the party to 

whom the variance was granted to comply with any term or condition of the 

variance. 

2.7.6 Upon the application of any person, the Department may review, 

and for good cause, modify or revoke a variance from requirements of 2.3 

of this regulation after holding a public hearing in accordance with 

provisions of the Delaware Code. 

2.8 Test Methods 

2.8.1 Testing to determine compliance with the requirements of 2.0 of 

this regulation, shall be performed using CARB Method 310, 

7 DE Admin Code 1141 – Page 41
"Determination of Volatile Organic Compound (VOC) in Consumer 

Products", adopted September 25, 1997, and amended on May 5, 2005, 

which is incorporated herein by reference. This method includes a number 

of ASTM methods. 

Alternative methods which are shown to accurately determine the 

concentration of VOCs in a subject product or its emissions may be used 

upon approval by the Department. 

2.8.2 VOC content determinations using product formulation and records. 

Testing to determine compliance with the requirements of 2.0 of this 

regulation also may be demonstrated through calculation of the VOC 

content from records of the amounts of constituents used to make the 

product pursuant to the following criteria: 

2.8.2.1 Compliance determinations based on these records may not 

be used unless the manufacturer of a consumer product keeps 

accurate records, for each day of production, of the amount and 

chemical composition of the individual product constituents. These 

records must be kept for at least three years. 

2.8.2.2 For the purposes of 2.8.2 of this regulation, the VOC content 

shall be calculated according to the following equation: 

( ) 100

A

C)B VOCContent ×⎥

⎦

⎤ ⎢

⎣

⎡ − =

where, 

A = total net weight of unit (excluding container and packaging) 

B = total weight of all VOCs per unit 

C = total weight of VOCs exempted under 2.3 of this regulation, per 

unit 

2.8.2.3 If product records appear to demonstrate compliance with 

VOC limits, but these records are contradicted by product testing 

performed using CARB Method 310, the results of CARB Method 310 

shall take precedence over product records and may be used to 

establish a violation of the requirements of 2.0 of this regulation. 

2.8.3 Determination of liquid or solid. Testing to determine whether a 

product is a liquid or solid shall be performed using ASTM D4359-90 (2006), 

"Standard Test Method for Determining Whether a Material is a Liquid or a 

Solid", incorporated by reference herein [see "Liquid" and "Solid" in 2.2 of 

this regulation]. 

2.8.4 Compliance determinations for charcoal lighter material products. 

2.8.4.1 Testing to determine compliance with certification 

requirements for charcoal material shall be performed using 

procedures specified in the South Coast Air Quality Management 

7 DE Admin Code 1141 – Page 42
District Rule 1174 Ignition Method Compliance Certification Protocol 

(February 28, 1991), incorporated by reference herein. 

2.8.4.2 Testing to determine distillation points of petroleum distillatebased charcoal lighter materials shall be performed using ASTM D86-

07b, " Standard Test Method for Distillation of Petroleum Products at 

Atmospheric Pressure", incorporated herein by reference. 

2.8.5 Testing to determine plasticizer in flexible vinyl adhesives [see 

"Flexible vinyl adhesive" within "Special purpose spray adhesive" in 2.2 of 

this regulation] shall be performed using ASTM D-1045-95 (reapproved 

2001) “Standard Test Methods for Sampling and Testing Plasticizers used 

in Plastics” incorporated herein by reference. 

2.8.6 No person shall create, alter, falsify, or otherwise modify records in 

such a way that the records do not accurately reflect the constituents used 

to manufacture a product, the chemical composition of the individual 

product, and any other test, processes, or records used in connection with 

product manufacture. 

2.8.7 Test Method Availability. 

2.8.7.1 CARB Method 310 is available on the website at 

http://www.arb.ca.gov/testmeth/cptm/cptm.htm 

2.8.7.2 ASTM methods can be purchased from ASTM , 100 Barr 

Harbor Drive, West Conshohocken, Pennsylvania 19428-2959. 

Telephone (610) 832-9585. Fax (610) 832-9555. 

2.8.7.3 SCAQMD methods can be purchased from South Coast Air 

Quality Management District, 21865 East Copley Drive, Diamond Bar, 

California 91765-0934. Telephone (909) 396-2162. 

2.9 Severability 

Each part of 2.0 of this regulation shall be deemed severable, and in the 

event that any part of 2.0 of this regulation is held to be invalid, the remainder of 

2.0 of this regulation shall continue in full force and effect. 

2.10 Alternative Control Plan 

The purpose of 2.10 of this regulation is to provide an alternative method 

[an alternative control plan (ACP)] to comply with the Table 2-1 of this regulation 

limits specified in 2.3.1 of this regulation. This alternative is provided by allowing 

responsible ACP parties the option of voluntarily entering into separate alternative 

control plans for consumer products, as specified herein. Only responsible ACP 

parties for consumer products may establish an ACP. 

2.10.1 Except as provided in 2.10.2 of this regulation, any manufacturer 

of consumer products, granted an ACP agreement by the CARB under 

7 DE Admin Code 1141 – Page 43
provisions in Subchapter 8.5, Article 4, Sections 94540-94555, of Title 17 of 

the California Code of Regulations, or granted an ACP agreement by any 

OTC state, shall be exempt from the Table 2-1 limits specified in 2.3 of this 

regulation for the period of time that said ACP agreement remains in effect, 

provided that all ACP products used for emission credits within said ACP 

agreement are contained in Table 2-1 of this regulation. Any manufacturer 

claiming such an ACP agreement shall submit to the Department a copy of 

the ACP decision (i.e., the Executive Order or other comparable state 

action), including all conditions applicable to the exemption. The 

Department reserves the right to refuse to honor, revoke or otherwise 

cancel an ACP which it believes has been misrepresented or does not 

meet the criteria for establishing or maintaining an ACP. Holders of other 

state ACP agreements, operating in Delaware, shall be subject to all the 

provisions of 2.10.3 through 2.10.13 of this regulation. 

2.10.2 Manufacturers of consumer products granted an ACP under the 

ACP provision in Subchapter 8.5, Article 4, Sections 9450-94555, of Title 

17 of the California Code of Regulations, based on California specific data, 

or that have been granted an ACP agreement by any OTC state based on 

state specific data, or that have not been granted an ACP agreement by 

the CARB or any OTC state may establish an ACP in accordance with 

2.10.2 through 2.10.13 of this regulation. It is not necessary to apply to the 

Department for authorization. The manufacturer shall submit the 

information requested in 2.10.5.1 of this regulation upon establishing the 

ACP and from time to time, the Department may require additional 

reporting as specified in 2.10.5 of this regulation. The Department reserves 

the right to refuse to honor, revoke or otherwise cancel an ACP established 

under 2.10.2 of this regulation which it believes has been misrepresented 

or does not meet the criteria for establishing or maintaining an ACP. 

Manufacturers of consumer products whose application to CARB or any 

OTC state for an ACP was refused or whose ACP agreement was revoked, 

cancelled or otherwise terminated prior to the specified termination date, 

shall notify the Department of the circumstances before establishing an 

ACP for Delaware sales. Decisions by CARB or any OTC state to not 

approve an ACP application or to cancel or terminate an ACP prior to the 

specified termination date will be considered in taking any action in 

Delaware. 

2.10.3 Requirements of an ACP. 

To establish an ACP the responsible ACP party shall develop a file of 

information containing all of the following, which shall be kept current and 

available to the Department upon request as specified in 2.10.4.2 of this 

regulation and maintained for at least three years after such records are 

generated: 

2.10.3.1 an identification of the contact persons, phone numbers, 

names and addresses of the responsible ACP party; 

7 DE Admin Code 1141 – Page 44
2.10.3.2 a statement of whether the responsible ACP party is a 

one-product business, or a small business as defined in 2.2 of this 

regulation; 

2.10.3.3 a listing of the exact product brand name, form, available 

variations (flavors, scents, colors, sizes, etc.), and applicable 

product category or categories for each distinct ACP product that is 

proposed for inclusion in the ACP; 

2.10.3.4 for each proposed ACP product identified in 2.10.3.3 of 

this regulation a supported statement that the enforceable sales 

records to be used by the responsible ACP party for tracking 

product sales meet the minimum criteria specified in 2.10.3.4.5 of 

this regulation. To support this statement, the responsible ACP 

party shall include all of the following in the file: 

2.10.3.4.1 the contact persons, phone numbers, names, 

street and mail addresses of all persons and businesses 

who will provide information that will be used to determine 

the enforceable sales; 

2.10.3.4.2 the enforceable sales of each product using 

enforceable sales records as defined in 2.2 of this 

regulation; 

2.10.3.4.3 support the validity of the enforceable sales 

with enforceable sales records provided by the contact 

persons or the responsible ACP party; 

2.10.3.4.4 calculate the percentage of the gross Delaware 

sales, as defined in 2.2 of this regulation, which is 

comprised of enforceable sales; 

2.10.3.4.5 determine which ACP products have 

enforceable sales which are 75.0% or more of the gross 

Delaware sales. Only ACP products meeting this criteria 

shall be allowed to be sold in the State of Delaware under 

an ACP. 

2.10.3.5 for each of the ACP products identified in 2.10.3.4.5 of 

this regulation, the inclusion of the following: 

2.10.3.5.1 legible copies of the existing labels for each 

product; 

2.10.3.5.2 the VOC content and LVP content for each 

product reported for two different periods, as follows: 

2.10.3.5.2.1 the VOC and LVP contents of the 

product at the time the ACP is established, and 

7 DE Admin Code 1141 – Page 45
2.10.3.5.2.2 any VOC and LVP contents of the 

product, which have occurred at any time within 

the four years prior to the date of establishing the 

ACP, if either the VOC or LVP contents have 

varied by more than plus/minus ten percent 

(+10.0%) of the VOC or LVP contents reported in 

2.10.3.5.2.1 of this regulation; 

2.10.3.6 a written commitment obligating the responsible ACP 

party to date-code every unit of each ACP product included in the 

ACP. The commitment shall require the responsible ACP party to 

display the date-code on each ACP product container or package 

no later than 5 working days after the date an ACP was established. 

2.10.3.7 an operational plan covering all the products identified 

under 2.10.3.4.5 of this regulation for each compliance period that 

the ACP will be in effect. The operational plan shall contain all of 

the following: 

2.10.3.7.1 an identification of the compliance periods and 

dates for the responsible ACP party to summarize the 

information required by the Department in an ACP. The 

length of the compliance period shall be chosen by the 

responsible ACP party provided, however, that no 

compliance period shall be longer than 365 days. The 

responsible ACP party also shall choose the dates for 

summarizing information such that all required VOC 

content and enforceable sales data for all ACP products 

shall be summarized at the same time and at the same 

frequency; 

2.10.3.7.2 an identification of specific enforceable sales 

records summarized in the operational plan for the 

compliance period dates specified in 2.10.3.7.1 of this 

regulation; 

2.10.3.7.3 for a small business or a one-product business 

which will be relying to some extent on surplus trading to 

meet its ACP limits, a written commitment from the 

responsible ACP party or parties that they will transfer the 

surplus reductions to the small business or one-product 

business upon adoption of the ACP; 

2.10.3.7.4 for each ACP product, all VOC content levels 

which will be applicable for the ACP product during each 

compliance period. The plan shall also identify the specific 

method or methods by which the VOC content will be 

determined and the statistical accuracy and precision 

7 DE Admin Code 1141 – Page 46
(repeatability and reproducibility) calculated for each 

specified method. 

2.10.3.7.5 the projected enforceable sales for each ACP 

product at each different VOC content for every compliance 

period that the ACP will be in effect; 

2.10.3.7.6 a detailed write-up showing the combination of 

specific ACP reformulations or surplus trading (if applicable) 

that is sufficient to ensure that the ACP emissions will not 

exceed the ACP limit for each compliance period that the 

ACP will be in effect, the approximate date within each 

compliance period that such reformulations or surplus 

trading are expected to occur, and the extent to which the 

VOC contents of the ACP products will be reduced (i.e., by 

ACP reformulation). This write-up shall use the equations 

specified in “ACP emissions” and “ACP limit” as defined in 

2.2 of this regulation for projecting the ACP emissions and 

ACP limits during each compliance period. It shall also 

include all VOC content levels and projected enforceable 

sales for all ACP products to be sold in the State of 

Delaware during each compliance period; 

2.10.3.7.7 a certification that all reductions in the VOC 

content of a product will be real, actual reductions that do 

not result from changing product names mischaracterizing 

ACP product reformulations that have occurred in the past, 

or any other attempts to circumvent the provisions of 2.0 of 

this regulation; 

2.10.3.7.8 written explanations of the date-codes that will 

be displayed on each ACP product's container or 

packaging; 

2.10.3.7.9 a statement of the approximate dates by which 

the responsible ACP party plans to meet the applicable 

ACP VOC standards for each product in the ACP; 

2.10.3.7.10 a reconciliation of shortfalls plan which 

commits the responsible ACP party to completely reconcile 

any shortfalls in any and all cases, even, to the extent 

permitted by law, if the responsible ACP party files for 

bankruptcy protection. The plan for reconciliation of 

shortfalls shall contain all of the following: 

2.10.3.7.10.1 a clear and convincing 

demonstration of how shortfalls of up to 5%, 

10%, 15%, 25%, 50%, 75%, and 100% of the 

applicable ACP limit will be completely 

7 DE Admin Code 1141 – Page 47
reconciled within 90 working days from the date 

the shortfall is determined; 

2.10.3.7.10.2 a listing of the specific records 

and other information that will be necessary to 

verify that the shortfalls were reconciled as 

specified in 2.10.3.7.10 of this regulation; and 

2.10.3.7.10.3 a commitment to provide any 

record or information requested by the 

Department to verify that the shortfalls have 

been completely reconciled. 

2.10.3.7.11 a declaration, signed by a legal representative 

for the responsible ACP party which states that all 

information and plans included in the ACP are true and 

correct. 

2.10.4 Record Keeping and Availability of Requested Information. 

2.10.4.1 All information specified in an ACP shall be maintained 

by the responsible ACP party for a minimum of three years after the 

ACP is cancelled or expires. Such records shall be clearly legible 

and maintained in good condition during this period. 

2.10.4.2 The records specified in 2.10.5.1 of this regulation shall 

be made available to the Department or an authorized 

representative: 

2.10.4.2.1 immediately upon request, during an on-site 

visit to a responsible ACP party; or 

2.10.4.2.2 within five working days after receipt of a written 

request from the Department; or 

2.10.4.2.3 within a time period mutually agreed upon by 

the Department and the responsible ACP party. 

2.10.5 Reporting 

2.10.5.1 Upon establishing an ACP, the responsible ACP party 

shall notify the Department, in writing, that an ACP has been 

established and shall submit to the Department all of the information 

specified in 2.10.3 of this regulation. 

2.10.5.2 At any time that the information specified in 2.10.3 of this 

regulation is modified for any reason, the Department shall be 

promptly notified of the change. 

7 DE Admin Code 1141 – Page 48
2.10.5.3 When a shortfall occurs, the responsible ACP party shall 

promptly notify the Department. When the shortfall is reconciled, the 

responsible ACP party will notify the Department. 

2.10.5.4 When a VOC exceedance occurs, the responsible ACP 

party shall promptly notify the Department of the exceedance and 

plans for correction. Any exceedance is a violation of 2.0 of this 

regulation and may result in penalties. 

2.10.6 Violations. 

2.10.6.1 Any person who commits a violation of 2.0 of this 

regulation may be subject to the penalties specified in applicable 

Delaware laws and regulations. Failure to meet any requirement of 

2.0 of this regulation or any condition of an ACP shall constitute a 

single, separate violation of 2.0 of this regulation for each day until 

such requirement or condition is satisfied, except as otherwise 

provided in 2.10.6.3 through 2.10.6.8 of this regulation. 

2.10.6.2 False reporting of any information contained in an ACP, or 

any supporting documentation or amendments thereto, shall 

constitute a single, separate violation of the requirements of 2.0 of 

this regulation for each day that the ACP is in effect. 

2.10.6.3 Any exceedance during the applicable compliance period 

of the VOC content specified for an ACP product in the ACP shall 

constitute a single, separate violation of the requirements of 2.0 of 

this regulation for each ACP product which exceeds the specified 

VOC content that is sold, supplied, offered for sale, or manufactured 

for use in the State of Delaware. 

2.10.6.4 Any of the following actions shall each constitute a single, 

separate violation of the requirements of 2.0 of this regulation for 

each day after the applicable deadline until the requirement is 

satisfied: 

2.10.6.4.1 Failure to record data (i.e., "missing data") or 

failure to record data accurately (i.e., "inaccurate data") in 

writing to the Department regarding the VOC content, LVP 

content, enforceable sales, or any other information required 

by any deadline specified by the Department; 

2.10.6.4.2 False reporting of any information submitted to 

the Department for determining compliance with the ACP 

requirements; 

2.10.6.4.3 Failure to completely implement the 

reconciliation of shortfalls plan that is set forth in the ACP, 

within 30 working days from the date of written notification of 

a shortfall; 

7 DE Admin Code 1141 – Page 49
2.10.6.4.4 Failure to completely reconcile the shortfall as 

specified in the ACP, within 90 working days from the date of 

written notification of a shortfall. 

2.10.6.5 False reporting or failure to report any of the information 

specified in 2.10.7.2.9 of this regulation, or the sale or transfer of 

invalid surplus reductions, shall constitute a single, separate 

violation of the requirements of 2.0 of this regulation for each day 

during the time period for which the surplus reductions are claimed 

to be valid. 

2.10.6.6 Except as provided in 2.10.7 of this regulation, any 

exceedance of the ACP limit for any compliance period that the ACP 

is in effect shall constitute a single, separate violation of the 

requirements of 2.0 of this regulation for each day of the applicable 

compliance period. The responsible ACP party shall determine 

whether an exceedance of the ACP limit has occurred as follows 

and promptly report the results to the Department: 

2.10.6.6.1 If the responsible ACP party has recorded all 

required information for the applicable compliance period 

specified in an ACP, then the manufacturer shall determine 

whether an exceedance has occurred using the enforceable 

sales records and VOC content for each ACP product, as 

reported by the responsible ACP party for the applicable 

compliance period; 

2.10.6.6.2 If the responsible ACP party has failed to 

provide all the required information specified in the ACP for 

an applicable compliance period, determining whether an 

exceedance of the ACP limit has occurred shall be done as 

follows: 

2.10.6.6.2.1 for the missing data days, calculate 

the total maximum historical emissions, as 

specified in 2.2 of this regulation; 

2.10.6.6.2.2 for the remaining portion of the 

compliance period which are not missing data 

days, calculate the emissions for each ACP 

product using the enforceable sales records and 

VOC content that were reported for that portion of 

the applicable compliance period; 

2.10.6.6.2.3 the ACP emissions for the entire 

compliance period shall be the sum of the total 

maximum historical emissions, determined 

pursuant to 2.10.6.6.2.1 of this regulation, and the 

7 DE Admin Code 1141 – Page 50
emissions determined pursuant to 2.10.6.6.2.2 of 

this regulation; 

2.10.6.6.3 calculate the ACP limit for the entire 

compliance period using ACP standards applicable to each 

ACP product and enforceable sales records specified in 

2.10.6.6.2.2 of this regulation. Enforceable sales for each 

ACP product during missing data days, as specified in 

2.10.6.6.2.1 of this regulation, shall be zero (0). 

2.10.6.6.4 an exceedance of the ACP limit has occurred 

when the ACP emissions, determined pursuant to 

2.10.6.6.2.3 of this regulation, exceeds the ACP limit, 

determined pursuant to 2.10.6.6.3 of this regulation. 

2.10.6.7 If a violation specified in 2.10.6.6 of this regulation occurs, 

the responsible ACP party may, pursuant to this paragraph, 

establish the number of violations as calculated according to the 

following equation: 

Pounds40

(ACPEmissions Violation1Limit)ACP NEV − × =

where, 

NEV = number of ACP limit violations; 

ACP emissions = the ACP emissions for the compliance period; 

ACP limit = the ACP limit for the compliance period; 

The responsible ACP party may determine the number of ACP 

limit violations pursuant to this paragraph only if it has provided all 

required information for the applicable compliance period, as 

specified in the ACP. By choosing this option, the responsible ACP 

party waives any and all legal objections to the calculation of the 

ACP limit violations pursuant to 2.10.6.7 of this regulation. 

2.10.6.8 In assessing the amount of penalties for any violation 

occurring pursuant to 2.10.6.1 through 2.10.6.7 of this regulation, 

circumstances covered in applicable laws and regulations of the 

State of Delaware shall be taken into consideration. 

2.10.6.9 A cause of action against a responsible ACP party under 

2.10.6 of this regulation shall be deemed to accrue on the date or 

dates when the records establishing a violation are received by the 

Department. 

2.10.6.10 The responsible ACP party is fully liable for compliance 

with the requirements of 2.0 of this regulation, even if the 

responsible ACP party contracts with or otherwise relies on another 

person to carry out some or all of the requirements of 2.0 of this 

regulation. 

7 DE Admin Code 1141 – Page 51
2.10.7 Surplus Reductions and Surplus Trading. 

2.10.7.1 Any surplus reductions of VOC achieved by a responsible 

ACP party operating under an ACP may be represented in the form 

of certificates which can be bought from, sold to, or transferred to a 

responsible ACP party operating under an ACP, as provided in 

2.10.7.2 of this regulation. All surplus reductions shall be calculated 

at the end of each compliance period within the time specified in the 

established ACP. Surplus reduction certificates shall not constitute 

instruments, securities, or any other form of property. 

2.10.7.2 The issuance, use, and trading of all surplus reductions 

shall be subject to the following provisions: 

2.10.7.2.1 For the purposes of 2.0 of this regulation, VOC 

reductions from sources of VOC other than consumer 

products subject to the VOC standards specified in 2.3.1 of 

this regulation may not be used to generate surplus 

reductions; 

2.10.7.2.2 Surplus reductions are valid only when 

generated by a responsible ACP party, and only while that 

responsible ACP party is operating under a prior established 

ACP; 

2.10.7.2.3 Surplus reductions may be used by the 

responsible ACP party who generated the surplus until the 

reductions expire, are traded, or until the ACP is canceled 

pursuant to 2.10.11 of this regulation; 

2.10.7.2.4 Surplus reductions cannot be applied 

retroactively to any compliance period prior to the 

compliance period in which the reductions were generated; 

2.10.7.2.5 Except as provided in 2.10.7.2.6.2 of this 

regulation, only small or one-product businesses selling 

products under an established ACP may purchase surplus 

reductions. An increase in the size of a small business or 

one-product business shall have no effect on surplus 

reductions purchased by that business prior to the date of 

the increase. 

2.10.7.2.6 While valid, surplus reductions can be used only 

for the following purposes: 

2.10.7.2.6.1 to adjust either the ACP emissions 

of either the responsible ACP party who generated 

the reductions or the responsible ACP party to 

which the reductions were traded, provided the 

surplus reductions are not used by any 

7 DE Admin Code 1141 – Page 52
responsible ACP party to further lower its ACP 

emissions when its ACP emissions are equal to or 

less than the ACP limit during the applicable 

compliance period; or 

2.10.7.2.6.2 to be traded for the purpose of 

reconciling another responsible ACP party's 

shortfalls, provided such reconciliation is part of 

the reconciliation of shortfall plan pursuant to 

2.10.3.7.10 of this regulation. 

2.10.7.2.7 A valid surplus reduction shall be in effect 

starting five (5) days after the date of identification by the 

responsible ACP party, for a continuous period equal to the 

number of days in the compliance period during which the 

surplus reduction was generated. The surplus reduction 

shall then expire at the end of its effective period. 

2.10.7.2.8 At least five (5) working days prior to the 

effective date of transfer of surplus reductions, both the 

responsible ACP party which is selling surplus reductions 

and the responsible ACP party which is buying the surplus 

reductions shall, either together or separately, notify the 

Department in writing of the transfer. The notification shall 

include all of the following: 

2.10.7.2.8.1 the date the transfer is to become 

effective; 

2.10.7.2.8.2 the date the surplus reductions 

being traded are due to expire; 

2.10.7.2.8.3 the amount (in pounds of VOCs) of 

surplus reductions that are being transferred; 

2.10.7.2.8.4 the total purchase price paid by the 

buyer for the surplus reductions; 

2.10.7.2.8.5 the contact persons, names of the 

companies, street and mail addresses, and phone 

numbers of the responsible ACP parties involved 

in the trading of the surplus reductions; 

2.10.7.2.8.6 a copy of the surplus reductions 

certificate issued by the responsible ACP party, 

signed by the seller and buyer of the certificate, 

showing transfer of all or a specified portion of the 

surplus reductions. The copy shall show the 

amount of any remaining non-traded surplus 

reductions, if applicable, and shall show their 

7 DE Admin Code 1141 – Page 53
expiration date. The copy shall indicate limitations 

placed upon the transfer of the surplus reductions 

and accept full responsibility for the appropriate 

use of such surplus reductions as provided in 

2.10.7 of this regulation. 

2.10.7.2.9 Surplus reduction credits shall only be traded 

between ACP product(s) or products for consumer products. 

2.10.8 Reconciliation of Shortfalls. 

2.10.8.1 At the end of each compliance period, the responsible 

ACP party shall make an initial calculation of any shortfalls occurring 

in that compliance period. Upon receipt of this information, the 

Department shall determine the amount of any shortfall that has 

occurred during the compliance period, and shall notify the 

responsible ACP party of this determination. 

2.10.8.2 The responsible ACP party shall implement the 

reconciliation of shortfalls plan as specified in the ACP, within 30 

working days from the date of written notification of a shortfall by the 

Department. 

2.10.8.3 All shortfalls shall be completely reconciled within 90 

working days from the date of written notification of a shortfall by the 

Department, by implementing the reconciliation of shortfalls plan 

specified in the ACP. 

2.10.8.4 All requirements specified in the ACP, including all 

applicable ACP limits, shall remain in effect while any shortfalls are 

in the process of being reconciled. 

2.10.9 Notification of Modifications to an ACP by the Responsible ACP 

Party. 

2.10.9.1 The responsible ACP party shall notify the Department, in 

writing, of any change in an ACP product's: 

2.10.9.1.1 product name, 

2.10.9.1.2 product formulation, 

2.10.9.1.3 product form, 

2.10.9.1.4 product function, 

2.10.9.1.5 applicable product category(ies) or categories, 

2.10.9.1.6 VOC content, 

7 DE Admin Code 1141 – Page 54
2.10.9.1.7 LVP content, 

2.10.9.1.8 date-codes, or 

2.10.9.1.9 recommended product usage directions, no 

later than 15 working days from the date such a change 

occurs. 

For each modification, the notification shall fully explain 

the following: 

2.10.9.1.10 the nature of the modification; 

2.10.9.1.11 the extent to which the ACP product 

formulation, VOC content, LVP content, or recommended 

usage directions will be changed; 

2.10.9.1.12 the extent to which the ACP emissions and 

ACP limit specified in the ACP will be changed for the 

applicable compliance period; and 

2.10.9.1.13 the effective date and corresponding datecodes for the modification. 

2.10.9.2 Except as otherwise provided in 2.10.7.2 of this regulation, 

the responsible ACP party shall notify the Department, in writing, of 

any information learned of by the responsible ACP party which may 

alter any of the information submitted pursuant to the requirements 

of 2.10.3 of this regulation. The responsible ACP party shall provide 

such notification to the Department no later than 15 working days 

from the date such information is known to the responsible ACP 

party. 

2.10.10 Modification of an ACP by the Department 

2.10.10.1 If the Department determines that: 

2.10.10.1.1 the enforceable sales for an ACP product 

are no longer at least 75.0% of the gross Delaware sales 

for that product, or 

2.10.10.1.2 the information submitted pursuant to a 

request is no longer valid, or 

2.10.10.1.3 the ACP emissions are exceeding the ACP 

limit specified in the ACP, then the Department shall 

modify the ACP as necessary to ensure that the ACP 

meets all requirements of 2.0 of this regulation and that 

the ACP emissions will not exceed the ACP limit. 

7 DE Admin Code 1141 – Page 55
The Department shall not modify the ACP without first affording 

the responsible ACP party an opportunity for a public hearing to 

determine if the ACP should be modified. 

2.10.10.2 If any applicable VOC standards specified in 2.3.1 of 

this regulation are modified in a future rule making, the responsible 

ACP party shall modify the ACP limit specified in the ACP to reflect 

the modified ACP VOC standards as of their effective dates. 

2.10.11 Cancellation of an ACP 

2.10.11.1 An ACP shall remain in effect until: 

2.10.11.1.1 the ACP reaches the specified expiration 

date; 

2.10.11.1.2 the ACP is modified by the responsible ACP 

party; 

2.10.11.1.3 the ACP is modified by the Department, as 

provided in 2.10.10 of this regulation; 

2.10.11.1.4 the ACP includes a product for which the 

VOC standard specified in 2.3.1 of this regulation is 

modified by the Department in a future rule making, and 

the responsible ACP party informs the Department in 

writing that the ACP will terminate on the effective date or 

dates of the modified standard; 

2.10.11.1.5 the ACP is cancelled pursuant to 2.10.11.2 of 

this regulation. 

2.10.11.2 The Department shall cancel an ACP if any of the 

following circumstances occur: 

2.10.11.2.1 the responsible ACP party demonstrates to 

the satisfaction of the Department that the continuation of 

the ACP will result in an extraordinary economic hardship; 

2.10.11.2.2 the responsible ACP party violates the 

requirements of the ACP, and the violation or violations 

results in a shortfall that is 20.0% or more of the 

applicable ACP limit (i.e., the ACP emissions exceed the 

ACP limit by 20.0% or more ); 

2.10.11.2.3 the responsible ACP party fails to meet the 

requirements of 2.10.8 (Reconciliation of Shortfalls) of this 

regulation within the time periods specified in 2.10.8 of this 

regulation; or 

7 DE Admin Code 1141 – Page 56
2.10.11.2.4 the responsible ACP party has demonstrated 

a recurring pattern of violations and has consistently failed 

to take the necessary steps to correct those violations. 

2.10.11.3 The Department shall not cancel an ACP pursuant to 

2.10.11.2 of this regulation without first affording the responsible 

ACP party an opportunity for a public hearing to determine if the 

ACP should be canceled. 

2.10.11.4 The responsible ACP party for an ACP which is 

canceled pursuant to 2.10.11.2 of this regulation and who does not 

have a valid ACP to immediately replace the canceled ACP shall 

meet all of the following requirements: 

2.10.11.4.1 all remaining shortfalls in effect at the time of 

ACP cancellation shall be reconciled in accordance with 

the requirements of 2.10.8 of this regulation, and 

2.10.11.4.2 all ACP products subject to the ACP shall be 

in compliance with the applicable VOC standards in 2.3.1 

of this regulation immediately upon the effective date of 

ACP cancellation. 

2.10.11.5 Any violations incurred pursuant to 2.10.6 shall not be 

cancelled or in any way affected by the subsequent cancellation or 

modification of an ACP pursuant to 2.10.9, 2.10.10, or 2.10.11 of 

this regulation. 

2.10.12 Treatment of Information. 

The information required by 2.10.3.1, 2.10.3.2, and 2.10.7.2.8 of this 

regulation is public information which may not be claimed as confidential. 

All information submitted to the Department is subject to public review 

under terms of the Freedom of Information Act (FOIA) (to be found at 29 

Del.C. Ch. 100), unless deemed to be confidential by the Secretary in 

accordance with the procedures outlined in the FOIA regulation and 

codified at 29 Del.C. 10002(d). The procedure an applicant must follow in 

order to have information classified as confidential is reviewed in the FOIA 

regulation which can be obtained from the Department. 

2.10.13 Other Applicable Requirements. 

A responsible ACP party may transfer an ACP to another responsible 

ACP party, provided that all of the following conditions are met: 

2.10.13.1 The Department shall be notified, in writing, by both 

responsible ACP parties participating in the transfer of the ACP. 

The written notifications shall be postmarked at least five (5) 

working days prior to the effective date of the transfer and shall be 

signed and submitted separately by both responsible parties. The 

7 DE Admin Code 1141 – Page 57
written notifications shall clearly identify the contact persons, 

business names, mail and street addresses, and phone numbers of 

the responsible parties involved in the transfer. 

2.10.13.2 The responsible ACP party to which the ACP is being 

transferred shall provide a written declaration stating that the 

transferee shall fully comply with all requirements of the ACP and 

2.0 of this regulation. 

2.11 Related Delaware Rules. 

The following Delaware rules are referred to in 2.0 of this regulation and 

are required to fully understand the provisions of 2.0 of this regulation. Copies of 

these related rules may be obtained through the State of Delaware web site 

http://www.delaware.gov, by writing to State of Delaware, Department of Natural 

Resources and Environmental Control, Division of Air and Waste Management, 

715 Grantham Lane, New Castle, Delaware 19720 or by calling 302-323-4542. 

2.11.1 Some definitions are in "Regulations Governing the Control of Air 

Pollution", Air Quality Management Section, Division of Air and Waste 

Management, 7 DE Admin Code 1101, “Definitions and Administrative 

Principles". This regulation also is available on the Department of Natural 

Resources and Environmental Control (DNREC) web site 

http://www.dnrec.state.de.us/DNREC2000. 

2.11.2 The state pesticide law, "State of Delaware Code Title 3, Part II, 

Chapter 12" also can be obtained by writing the State of Delaware, 

Department of Agriculture, 2320 South DuPont Highway, Dover, Delaware 

19901 or by calling 302-739-4811. The pesticide law also can be found on 

the following web site, http://www.michie.com. 

2.11.3 The Freedom of Information Act (FOIA), Title 29 Del.C. Ch. 100, 

Section 10002(d) also is available on the following web site 

http://www.michie.com. The DNREC FOIA regulation also is available at 

http://www.dnrec.state.de.us/DNREC2000. 

2.11.4 The Delaware code relating to public hearings for environmental 

matters, Title 7 Del.C. Ch. 60, Section 6006 also can be found on the 

following web site, http://www.michie.com. 

2.11.5 The Delaware Code relating to penalties for violations of 

environmental regulations, Title 7 Del.C. Ch. 60 Sections 6005 and 6013 

also can be found at the following web site http://www.michie.com. 

7 DE Admin Code 1141 – Page 58
TABLE 2-1 

VOC CONTENT LIMITS FOR CONSUMER PRODUCTS 

(percent volatile organic compounds by weight) 

VOC Content Limit 

Product Category Effective Date 

1/1/2005

Effective 

Date 

5/1/2009

Adhesive Removers: 

Floor or Wall Covering 

Gasket or Thread Locking 

General Purpose 

Specialty 

 5 

50 

 20 

 70

Adhesives: 

Aerosol Mist Spray 

Aerosol Web Spray 

Special Purpose Spray Adhesives: 

 Mounting, Automotive Engine 

 Compartment and Flexible Vinyl 

 Polystyrene Foam and Automotive 

 Headliner 

 Polyolefin and Laminate Repair/ 

 Edgebanding 

 

Construction, Panel and Floor 

Contact 

Contact, General Purpose 

Contact, Special Purpose 

General Purpose 

Structural Waterproof 

 65 

 55 

 70 

 65 

 60 

 15 

 80* 

 10* 

 15* 

N/A 

55 

80 

 

Air Fresheners: 

 Single-phase Aerosols 

 Double-phase Aerosols 

 Liquids/Pump Sprays 

 Solids/Semisolids 

 30 

 25 

 18* 

 3* 

Antiperspirants: 

 Aerosol 

 Non-aerosol 

40 HVOC 

10 MVOC 

 0 HVOC 

 0 MVOC 

Anti-static Product, non-aerosol 11 

Automotive Brake Cleaners 45 

Automotive Rubbing or Polishing Compound 17 

Automotive Wax, Polish, Sealant or Glaze: 

 Hard Paste Waxes 

 Instant Detailers 

 All Other Forms 

 45 

 3 

 15 

Automotive Windshield Washer Fluids 35 

Bathroom and Tile Cleaners 

 Aerosols 

 All Other Forms 

 7 

 5 

7 DE Admin Code 1141 – Page 59
VOC Content Limit 

Product Category Effective Date 

1/1/2005

Effective 

Date 

5/1/2009

Bug and Tar Remover 40 

Carburetor or Fuel-Injection Air Intake Cleaners 45 

Carpet & Upholstery Cleaners 

 Aerosols 

 Non-aerosols (dilutable) 

 (ready-to-use): 

 7 

 0.1 

 3.0 

Charcoal Lighter Material 2.3.4 this 

regulation* 

Cooking Spray, Aerosol 18 * 

Deodorants: 

 Aerosol 

 Non-aerosol 

 0 HVOC 

10 MVOC 

 0 HVOC 

 0 MVOC 

Dusting Aids: 

 Aerosol 

 All other forms 

 25 

 7 * 

Electrical Cleaner 45 

Electronic Cleaner 75 

Engine Degreasers: 

 Aerosol 

 Non-aerosol 

 

 35 

 5 

Fabric Protectants 60 

Fabric Refresher: 

 Aerosol 

 Non-aerosol 

 15 

 6 

Floor Polishes/waxes: 

 Products for Flexible Flooring Materials 

 Products for Non-Resilient Flooring 

 Wood Floor Wax

 7 * 

 10 * 

 90 * 

Floor Wax Strippers, non-aerosol 2.3.6 this 

regulation 

Footwear or Leather Care Products: 

 Aerosol 

 Solid 

 All other forms 

 75 

 55 

 15 

Furniture Maintenance Products: 

 Aerosol 

 All other forms except solid or paste 

 17 

 7 

General Purpose Cleaners: 

 Aerosol 

 Non-aerosol 

 10 

 4 

General Purpose Degreaser 

 Aerosol 

 Non-aerosol 

 50 

 4 

 Glass Cleaners: 

 Aerosol 

 Non-aerosol 

 12 * 

 4 

Graffiti Removers: 

7 DE Admin Code 1141 – Page 60
VOC Content Limit 

Product Category Effective Date 

1/1/2005

Effective 

Date 

5/1/2009

 Aerosol 

 Non-aerosol

 50 

 30 

Hair Mousse 6 

Hair Shine 55 

Hair Spray 55 

Hair Styling Gel 6 * 

Hair Styling Products: 

 Aerosol and Pump sprays 

 All other forms

 

 6 

 2 

Heavy Duty Hand Cleaner or Soap 8 

 Insecticide: 

 Crawling Bug (aerosol) 

 Crawling Bug (all other forms) 

 Flea and Tick 

 Flying Bug (aerosol) 

 Flying Bug (all other forms) 

 Foggers 

 Lawn & Garden (all other forms) 

 Lawn & Garden (non-aerosol) 

 Wasp & Hornet 

 15 

 20 

 25 

 25 

 35 

 45 

 20 

 3 

 40 

Laundry Prewash: 

 Aerosol/Solid 

 All other forms 

 22 

 5 

Laundry Starch Product 5 

Metal Polish/Cleanser 30 

Multi-purpose Lubricant (excluding solid or 

 semi-solid product) 50 

Nail Polish Remover 75 

Non-selective Terrestrial Herbicide 

 Non-aerosol 3 

Oven Cleaner 

 Aerosol/Pump spray 

 Liquid 

 8 

 5 

Paint Remover or Stripper 50 

Penetrants 50 

 Rubber & Vinyl Protectant 

 Non-aerosol 

 Aerosol 

 3 

 10 

Sealant & Caulking Compound 4 

Shaving Cream 5 

Shaving Gel 7 

Silicone-based Multi-purpose Lubricants 

 (excluding solid or semi-solid product) 60 

Spot Remover 

 Aerosol 

 Non-aerosol 

 25 

 8 

Tire Sealant and Inflators 20 

Toilet/Urinal Care: 

7 DE Admin Code 1141 – Page 61
VOC Content Limit 

Product Category Effective Date 

1/1/2005

Effective 

Date 

5/1/2009

 Aerosol 

 Non-aerosol

 10 

 3 

Undercoating, Aerosol 40 

Wood Cleaner: 

 Aerosol 

 Non-aerosol 

 17 

 4 

Notes: N/A Not applicable on or after May 1, 2009 

* Limits and definition unchanged from 9/11/98 federal rule 

7 DE Admin Code 1141 – Page 62