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 regulatio n, 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 th e State of Delaware.

2.1.2 The provisions of 2.0 of this regulation shall not apply to a manufacturer or distributor who sells, s upplies, or offers for sale in the State of Delaware, a consumer produc t that does not co mply with the VOC standards specified in 2.3.1 of this r egulation, as long as the manufacturer

or distributor can demons trate both that the cons umer product is intended for shipment and use outside of the State of Delaware, and that the

manufacturer or distributor has tak en reasonable prudent precautions to assure that the consumer product is not distributed to the State of Delaware. This does not apply to consum er products that are sold, supplied, or offered for sale by any person to re tail 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, provi ded that retailer demonstrates to the satisfaction of the Departm ent that the manufacturer or distributor of that product mislead that retailer into belie ving 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 th is 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 AC P party which allows manufacturers to sell ACP products in the State of Delawa re pursuant to the r equirements 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 co mpliance period specified in the ACP, expressed to the nearest pound of VOC and calculated a ccording to the following equation:

7 DE Admin Code 1141 – Page 1N 2 1 (Emission)

... (Emission) (Emission) Emissions ACP + + + =

where,

100 Sales)le (Enforceab Content) (VOC Emission ×

=

where,

For all products except for charco al lighter material products:



## [ ]

A 100C)(B Content VOC ×−

=

where, A = net weight of unit (exc luding 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:

RateUse Certified 100) Emission (Certified Content VOC ×

=

where,

Certified Emissions = emission s level s for products specifi ed 2.3.4.1 of this regulation;

Certified Use Rate = see "Certified us e 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:

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

where,

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

=

where,

Enforceable Sales = see "Enforceable sa les" 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 s ubject 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 estab lished by the responsible ACP party.

“ACP reformulation or ACP reformulated” means the process of reducing the VOC content of an ACP pr oduct, within the period that an ACP is in effect, to a

level which is less than the curre nt VOC content of the product.

“ACP standard” means either the ACP product's pre-ACP VOC content or the applicable VOC standard spec ified in 2.3.1 of this r egulation, whichever is the

lesser of the two.

“ACP VOC standard” means the maximum allo wable 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 char coal lighter material; (2) for charcoal lighter material products only, the VOC standard for the purposes of 2.0 of this r egulation shall be calculated according to the following equation:

RateUse Certified startperCHpound 0.020 Standard VOC 2

=

where,

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

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

“Adhesive” means any product that is appl ied for the purpose of bonding two surfaces together other than by mechani cal means. Adhesive does not include products used on humans and animals, adhes ive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorpor ated 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 exclusiv ely 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: caul ks; 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 t he underlying substrate; (2) “Gasket or thread locking adhesive remover” means a product designed or labeled to remo ve gaskets or thread locking

7 DE Admin Code 1141 – Page 3adhesives. Product labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered gasket or thr ead locking adhesive remover. (3) “General purpose adhesive remo ver” means a product designedor labeled to remove cyanoacrylate adhesive as well as nonreactive adhesives or residue fr om a variety of substrates. General purpose adhesive remover in cludes, but is not limited to, products that remove therm oplastic adhesives; pressure sensitive adhesives; dextrine or st arch-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 in clude 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 adhesive s 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 th e commercial production, storage or processing of any animal or plant crop. Agricultural us e does not include the sale or use of pesticides in properly labeled packages or co ntainers 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 m eans a use requiring a license under

Title 3 Del.C. Ch. 12, (3) industrial use which means use fo r or in a manufacturing, mining, or chemical process or use in the oper ation of factories, processing plants, and similar sites, and

7 DE Admin Code 1141 – Page 4(4) institutional use which means us e within the lines o f, or on property necessary for the operation of build ings 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, desig ned for the purpose of masking odors, or freshening, cleaning, scenting, or deodor izing the air. Air freshener does not include products that are us ed on the human body, products that, as indicated on the product label, function primarily as cl eaning products, toile t and urinal care products, disinfectant products claiming to deodorize by killing germs on surfaces,

or institutional/industria l disinfectants when offered for sale solely through

institutional and industrial channels of di stribution. Air freshener does include spray disinfectants and other products that are expressly represented for use as air fresheners, except instit utional and industrial disi nfectants when offered for sale through institutional and industrial channels of distribution. To determine whether a product is an air freshener, a ll verbal and visual representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The pr esence 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-cont aining 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. Unle ss specified otherwis e 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 micr oorganisms 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-operat ive skin preparations and surgical scrubs. Anti-microbial hand or body cleane r or soap does not include prescription drug products, antiperspirants, astringen t/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, bu t not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeez e-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 electric ity. Anti-static product does not include electronic cleaner, floor polish or wax, fl oor coating and produc ts 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 I nternational.

“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 tight ening pores. This category al so includes clarifiers and substrate-impregnated products. This cate gory does not include any hand, face, or body cleaner or soap produ ct, medicated astringent/m edicated toner, cold cream, lotion, or antiperspirant.

“Automotive brake cleaner” means a cleaning product designed to remove oil, grease, brake fluid, brake pad materi al 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 improv e the appearance of motor vehicle painted surfaces; (2) a solid at r oom 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 oxidat ion, old paint, scratches or "swirl marks", and other defects from motor vehicle painted surfac es without leaving a protective barrier.

“Automotive wax, polis h, 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 fo r the general public. Automotive wax, polish, sealant or glaze does not in clude 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, gla ss, or plastic.

“Automotive windshiel d 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 t he windshield. Automotive windshield washer fluid does not include fluids placed by the manufacturer in a new vehicle.

“Bathroom and tile cleaner” means a product design ed 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 re move either or both of the following from painted motor vehicl e surfaces without c ausing 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-inj ection 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 syst em, 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, carpeti ng, 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 f abrics. Carpet and upholstery cleaner includes, but is not lim ited to, products that make fabric protectant claims. Carpet and upholst ery cleaner does not include general purpose cleaners, spot removers, vinyl or l eather 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 th is regulation, expressed to the nearest 0.001 pound of charcoal lighter mate rials 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 follo wing: 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 ar e 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 exclusiv ely for the installation, remodeling, maintenance, or repair of:

(1) structural and building components t hat include, but are not limited to, beams, trusses, studs, paneling, [drywall or drywall laminates,

7 DE Admin Code 1141 – Page 7fiberglass reinforced plastic (FRP), pl ywood, 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 in clude, but are not limited to, wood or simulated wood covering, carpet, car pet pad or cushion, vinyl-backed carpet, flexible flooring material, non-resilient flooring material, mirror tiles and other types of tile s, 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 in stitutional 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 includi ng, 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 pr oducts, but does not include other paint products, furniture coatings, or architectural c oatings. As used in 2.0 of this regulation, consumer products shall al so 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 su rfaces are placed in contact with each other; (3) forms an immediate bond t hat is impossible, or di fficult, 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 br ought 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 l abeled 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-co vered board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high pressu re laminate or wood veneer 1/16 inch thick or less in thickness to any porous or nonporous

7 DE Admin Code 1141 – Page 8surface, and is sold in units of product, less packaging, that contains more than eight fluid ounces, or (2) is used in automotive applicat ions that are (a) automotiveunder-the-hood applications requiring heat, oil or gasoline resistance, or (b) body-side mold ing, automotive weather-strip

or decorative trim.

“Container/packaging” means the part or part s of the consumer or institutional product which serve only to c ontain, enclose, incorporate, deliver, dispense, wrap or store t he chemically formulated s ubstance or mixture of substances which is solely responsibl e for accomplishing the purposes for which the product was designed or intended. Cont ainer/packaging includes any article onto or into which the prin cipal display panel and other accompanying literature or graphics are incorporated, etc hed, printed or attached.

“Contact person” means a representative (s) or representativ es that has been designated by the responsible ACP par ty for the purpose of reporting or maintaining any information specified in the ACP.

“Crawling bug insecticide” means any insecticide pr oduct that is designed for use against ants, cockroaches, or other household cr awling arthropods, including, but not limited to, mites, silver fish 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 pr oduct 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 wh ich belong to the phylum Arthropoda, the subphylum Chelicer ata, 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 Dela ware for a specified calend ar year. If direct sales

data for the State of Dela ware are not available, sales may be estimated by prorating national or region al sales data by population.

“Deodorant” means : (1) For products manufactured on or after January 1, 2005 and before May 1, 2009: any product in cluding, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intende d by the manufacturer to be used to minimize odor in the human axilla by retarding the

7 DE Admin Code 1141 – Page 9growth 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 pack aging, 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 pa ckaging, 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 produc t 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 ot her living animals); but not including equipment used for the application of pesti cides 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 Ac t (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 c onsumer product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and cons umers 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 dist inct phases that requires the product

container be shaken before use to mix the phases, producing an emulsion.

“Dry cleaning fluid” means any non-aqueous liqui d product designed and labeled exclusively for use on: fabrics wh ich 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 purpos es of this definition, S-coded fabric means an upholstery fabric designed to be cleane d 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 wit hout 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 equi pment, including, but not limited to, electric motors, armatures, relays, electric panel s, 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 oxi des from the internal co mponents of electronic or precision equipment such as circuit boards, and the internal components of electronic devices, including, but not limited to, radios, co mpact disc (CD) players, digital video disc (DVD) players, and co mputers. Electroni c cleaner does not include general purpose cleaner, gener al purpose degreaser, dusting aid, pressurized gas duster, engine degreaser, el ectrical cleaner, energized electrical cleaner, anti-static product, or products des igned 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 re sidual electrical potential from a component, such as a capacitor. (2) The product label clearly disp lays the statements: “Energized Equipment use only, Not to be used fo r 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 app licable compliance period specified in the ACP, as determined through enforceable sale s 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 doc umentation from which the mass, in pounds (less product container and packaging), of an ACP pr oduct sold to the end

user in the State of De laware 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 follo wing 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 i ndependent market surveying services,

of direct retail or other outlet sale s 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 sale s records approved by the Department as meeting the criteria specifi ed in 2.2 of th is regulation.

“Engine degreaser” means a cleaning product designed to remove grease, grime, oil and other contami nants from the external surfaces of engines and other mechanical parts.

“Exempt compound” means any carbon-contai ning 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 so iling from dirt and other impurities or to reduce absorption of liquid in to 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 neut ralize or eliminate odors

on non-laundered fabric includ ing, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, foot wear, athletic equipment, clothing and/or on household furniture or objects uphol stered or covered with fabrics such as, but not limited to, wool, cott on or nylon. Fabric refresher does not include anti-static product, carpet and upholstery cleaner, soft household surface sanitizers, footwear or leather care pr oduct, spot remover, or disinfectant, or products labeled for application to both f abric and human skin. For the purposes of this definition only, soft household surf ace sanitizer means a product labeled to

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

a sanitizer under the Federal Insectici de, 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 in cludes, but is not limited to, facial cleansing creams, gels semisolids, liquids, loti ons, and substrate-impregnated forms. Facial cleaner or soap does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/t oner, general-use hand or body cleaner or soap, medi cated astringent/medicated t oner, 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 includeany kindling with substances added to enhance flammability, such as waxcovered or wax-impr egnated 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 ma y 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 th rough breakdown of t he polish or wax polymers, or by dissolving or emulsifyi ng 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 produ ct that is designed for use against flying insects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats. Fl ying bug insecticide does not include wasp and hornet insecticide, produc ts that are designed to be used exclusively on humans or animals, or any moth-proofi ng product. For the purposes of this definition only, moth-proofing product means a product whose label, packaging, or accompanying literature indicates that t he product is designed to protect fabrics from damage by moths, but does not indica te 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 articl es/components, to maintain, enhance, clean, protect, or modi fy the appearance, durability, fit, or flexibility of

the footwear or leather article/com ponent. Footwear includes both leather and non-leather foot apparel. Footwear or l eather care product does not include fabric protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl pr otectant, fabric refresher, products solely for deodorizi ng, 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 func tional 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 th e purpose of polishing, pr otecting or enhancing

finished wood surfaces other than floors. Furniture maintenance product does not include dusting aids, wood cleaners and pr oducts designed solely for the purpose of cleaning, and products designed to leav e 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, c abinets (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 substr ates. 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, ce ramics, 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 diffe rent 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. G eneral purpose cleaner includes products designed for general floor cleaning, kitc hen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces and does not include general purpose degreasers and el ectronic cleaners.

7 DE Admin Code 1141 – Page 14“General purpose degreaser” means any product labeled to remove or dissolve grease, grime, o il and other oil-based contami nants from a variety of substrates, including automotive or mi scellaneous metallic par ts. 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 establishm ents which manufacture or construct goods or commodities; and (2) labeled "not for retail sale".

Solvent cleaning tanks or relat ed equipment includes, bu t is not limited to, cold cleaners, vapor degreas ers, conveyorized degr easers, 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-b ody 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), hea vy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

“Glass cleaner” means a cleaning product des igned primarily for cleaning surfaces made of glass. Glass cleaner does not include products designed solely for the purpose of cleaning optical mate rials 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 comp liance period (expressed to the nearest pound), based on either of the following me thods, whichever the responsible ACP party determines will provide an accurate State of Delaware sales estimate:

(1) apportionment of national or regional sales of t he ACP product to State of Delaware sales, determined by multiplying the average national or regional sales of the product by the fr action of the national or regional population, respectively, that is repr esented by the State of Delaware's current population; or (2) any other documented method which provides an accurate estimate of

the total current Stat e 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 vari ety of non-cloth or

non-fabric substrates. Graffiti remo ver 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 remo ver are considered graffiti removers.

7 DE Admin Code 1141 – Page 15“Hair mousse” means a hairstyling foam desi gned to facilitate styling of a coiffure and provide limited holding power.

“Hair shine” means any product designed for t he primary purpose of creating a shine when applied to the hai r. Hair shine includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hai r. Hair shine does not include hair spray, hair mousse, hair stylin g product, hair styling gel, or products whose primary purpose is to condition or hold the hair.

“Hair styling gel” means a consumer product ma nufactured 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, 2 009: a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart suffici ent rigidity to the coiffure to

establish or retain the st yle for a period of time. and (2) for products manufactured on or a fter 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 incl udes aerosol hair sprays, pump hair sprays, spray waxes; color, glitte r 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 m anipulating the hair to temporarily alter the hair’s shape.

“Hair styling product” means a consumer product m anufactured on or after May 1, 2009, that is desig ned or labeled for the application to wet, damp or dry hair to aid in defining, shapi ng, lifting, styling, and/or sc ulpting of the hair. Hair styling product includes, but is not limited to, hair balm, clay, cream, cre  me, curl straightener, gel, liquid, lotion, paste, pom ade, putty, root lifter, serum, spray gel, stick, temporary hair straight ener, wax, spray products th at aid in styling but do not provide finishing of a hair style, and leave-in volumizers, detanglers and/or conditioners that make styling claims. Ha ir styling product does not include hair mousse, hair shine, hair spray, or shampoos or conditioners t hat are rinsed from the hair prior to styling. For the purposes of this definition, finish or finishing means the maintaining and/or holding of prev iously styled hair for a period of time and styling means forming, sculpting, or manipulating t he 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 16include prescription drug products, anti-mi crobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, gene ral-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 t hat are; for agricultural us e, 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 20 o C.

“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 structur al pest control license under Title 3
Del.C. Ch. 12; or (3) restricted materials that r equire 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, in to indoor areas during a single application.

“Institutional product” or “Industrial and institut ional (I & I) product” means a consumer product that is des igned 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 in clude, but are not lim ited 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, pr inted, or graphic matter affixed to, applied to, attached to, blown into, formed, mo lded into, embossed on, or appearing upon any consumer product or consumer pr oduct package, for purposes of branding, identifying, or giving information with respec t 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 a fter 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, f abric 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. Notwithstandi ng the requirements of 2.5.2 of this regulation, lawn and garden in secticides (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 th is 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 generat ing 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 establishm ents which manufacture or construct goods or commodities, and (b) labeled "not for retail sale".

“LVP content” means the total weight, in p ounds, 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, ex pressed to the nearest 0.1 percent.

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

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

(1) has a vapor pressure less than 0.1 mm Hg at 20 o C, as determined by CARB Method 310, incorporated by reference in 2.8.1 of this regulation; or (2) is a chemical "compound" with mo re 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 216 o C, as determined by CARB Method 310, inco rporated by reference in 2.8.1 of this regulation; or (4) is the weight percent of a chem ical "mixture" that boils above 216 o C, as determined by CARB Method 310, inco rporated by reference in 2.8.1 of this regulation.

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

molecule of definite chemical formula and isomeric struct ure, 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 t he skin for the purpose of cleaning or tightening pores. Medicated as tringent/medicated toner incl udes, but is not limited to, clarifiers and substrat e-impregnated products. Medi cated astringent/medicated toner does not include hand, face, or body cleaner or soap products, astringent/toner, cold cream, lotion, antiper spirants, 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 20 o C.

“Metal polish/cleanser” means any product designed pr imarily 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 po lishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals. Metal polish/cleanser does not incl ude: automotive wax, polish, sealant or glaze; wheel cleaner; paint remover or stripper; products designed and label ed exclusively for automotive and marine detailing; or, pr oducts 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 fa iled 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 particl e 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 lubr icity by depositing a thin film of graphite, molybdenum disulfide ("mol y"), or polytetra fluoroethylene or closely related fluoropolymer ("Teflon") on surfaces; and (2) designed for general purpose lubricatio n, 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 variet y of applications. Multi-purpose lubricant does not include: multi-purpose dry lubric ants; 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 or ganic materials. Multi-purpose solvent

includes solvents used in institutional fa cilities, except fo r laboratory reagents used in analytical, educational, research, sc ientific or other laboratories. Multipurpose solvent does not include solvents used in cold cleaners, vapor degreasers, conveyorized degrease rs or film cleaning mach ines, or solvents that are incorporated into, or used exclusively in the manufacture or construction of, the goods or commodities at t he site of the establishment.

“Nail polish” means any clear or colored c oating 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 miner al content which is not

flexible. Non-resilient fl ooring 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 manufactu res for use in the State of Delaware:

(1) only one distinct ACP product, sold under one product brand name, which is subject to the requirement s of 2.3 of this regulation; or (2) only one distinct ACP product line subj ect to the requirements of 2.3 of this regulation, in which all t he ACP products belong to the same product category or categories and t he VOC contents in the products

7 DE Admin Code 1141 – Page 20are within 98.0% and 102.0% of the arit hmetic 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 C AA and members of the Ozone Transport Commission (OTC): Connecticut, Delawa re, 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, liquef iable, 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 t he 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 chem ical action, from a substrate without markedly affecting the substrate. Pain t remover or stripper does not include:

(1) multi-purpose solvents; (2) paint brush cleaners; (3) products designed and labe led exclusively as graffiti removers; and (4) hand cleaner products that claim to remove paints and other related coating from skin.

“Penetrant” means a lubricant des igned and labeled primarily to loosen metal parts that have bonded together due to rusting, oxi dation, or other causes.

Penetrant does not include mu lti-purpose lubricants that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts.

“Personal fragrance product” means any product whic h is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including cologne, perfume, a ftershave and toilet water. Personal fragrance product does not include: deodor ant; medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body; mouthwashes, breath fres heners 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, destroy ing, 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 21Environmental Protection Agency does not consider a pesticide. (EPA Office of Pesticide Programs or see http://www. epa.gov/opppmsd1/PPISdat a/index.html.)

“Pre-ACP VOC content” means the lowest VOC co ntent of an ACP product between January 1, 1990 and the date on which the ACP wa s established by the manufacturer, based on availa ble Delaware sales record s, or other accurate records, whichever yields the lowest VOC content for the product. If a valid ACP is in force in another state, pr oduct 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 key boards and other types of

surfaces that cannot be cl eaned 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 lik ely be displayed, presented, shown or

examined under normal and cu stomary conditions of display or purchase. Whenever a principal displa y panel appears more t han once, all requirements pertaining to the principal display panel shal l pertain to all such principal display panels.

“Product brand name” means the name of the produc t exactly as it appears on the principal display panel of the product.

“Product category” means the applicable categor y which best describes the product as listed in 2.2 and in Ta ble 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=solid s , L= liquid s , P= pump spray s

, SS=semisolid, and O=other.

“Product line” means a group of products of identical form and function belonging to the same produc t 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 li quid 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 pressu re and in which the product is expelled only while a pumping action is applied to a button, tr igger 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 hav e 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 l abel lists two companies, firms or establishments, the res ponsible party is the party which the product was

"manufactured for" or "distri buted 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 re sponsible ACP party is the party which the ACP product

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

“Restricted materials” means pesticides establishe d 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 whic h consumer produ cts 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 ba ll or wetted cylinder on the affected area.

“Rubber and vinyl protectant” means any product designed to protect, preserve or renew vinyl, r ubber, and plastic on vehicles, ti res, luggage, furniture, and household products such as vinyl cove rs, clothing, and accessories. Rubber and vinyl protectant does not include products primarily designed to clean the wheel rim, such as alumi num or magnesium wheel cleaner s, 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 Qualit y 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, wa terproof, or weatherproof gaps or joints

between two surfaces. Sealant and c aulking 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 applie d as continuous coatings.

For the purposes of this definition only, removable caulking compound means a compound which tem porarily seals windows or doors for three to six month time intervals, and clear/paintabl e/water resistant caulking compounds means a compound which contains no appr eciable 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 te mperature, 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 limi t 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 exclus ively to release manufactured products from molds.

“Single-phase aerosol air freshener” means an aerosol air freshener with the liquid contents in a single hom ogeneous phase and which does not require that the product contai ner be shaken before use.

“Small business” means an independently ow ned and operated business with less than 100 employees as defined by the Administra tor of the federal Small Business Administration pursuant to U. S. Public Law 85-536.

“Solid” means a substance or mixture of s ubstances 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, artw ork, 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 plas ticizer resistance, as well as high shear strength, at temperatures of 200 to 275 degrees F. (3) “Flexible vinyl adhesive” means an aerosol a dhesive 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 incor porated into a plastic to increase its flexibility, workability, or dist ensibility, and may be determined using ASTM Method D1045-95, incorporated by reference in 2.8.5 of this regulation, or from pr oduct 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 la minated with high pressure laminates (e.g., lifted edges, del aminates, etc.);or, (b) for touch-up, repai r, 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 clot h or fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal. Spot remover does not incl ude dry cleaning fluid, laundry pre-wash, or multi-purpose solvent.

“Spray buff product” means a product designed to re store a worn floor finish in conjunction with a floor bu ffing 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 imme rsion 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 histori cal 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 enfor ceable 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:

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

where,

365100 DaysData (Missing Sales) Highest Content VOC (Highest MHE

× × ×

=

where, Highest VOC Content = the maximum VOC content which the ACP product has contained in the previ ous 5 years, if the responsible ACP party has failed to meet the requirements for re cording VOC content data (for any portion of the compliance period), as specified in the ACP, or the

7 DE Admin Code 1141 – Page 26current 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 gr oss State of Delaware sales of the ACP product in the previ ous 5 years, if the responsible ACP party has failed to meet the requirements for recording enforceable sales records (for any portion of the compliance peri od), as specified in the ACP, or the current actual one-year enforc eable sales for the product, if the responsible ACP party has recor ded all required enforceable sales records (for the entire compliance per iod), 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 CO 2 , N 2 , N 2 O, or compressed air which is used as a propell ant, and is either incorporated with the product or contained in a separate c hamber within the product's packaging.

"Type B propellant" means any halocarbon which is used as a propellant including chlorofluorocarbons (CFCs), hy drochlorofluorocar bons (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 desi gned 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, rubber ized, mastic, or asphaltic products.

"Usage directions" means the text or graphi cs on the product's principal display panel, label, or a ccompanying 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 produc t 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,

RateUse Certified 100) Emissions (Certified Content VOC ×

=

where,

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

7 DE Admin Code 1141 – Page 27Certified Use Rate = usage level for pr oducts 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 st ream 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 hydroc arbons or high molecular weight esters of fatty acids or alcohols, except gl ycerol and high polymers (plastics). Wax includes, but is not limited to, substances derived from the secr etions of plants

and animals such as carnuba wax and beeswa x, substances of a mineral origin such as ozocerite and paraffin, and syn thetic polymers such as polyethylene.

"Web spray adhesive" means any aerosol adhesive wh ich 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, floori ng, logs, cabinetry, and furniture. Wood cleaner does not include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper, fl oor polish or wax, or products designed and labeled exclusively to preserve or color wood.

"Wood floor wax" means wax-based products fo r 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 provi ded 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 sha ll manufacture any consumer product on and

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

the State of Delaware which contai ns volatile organic compounds in

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

2.3.2 For products that ar e diluted prior to use, t he following shall apply:

7 DE Admin Code 1141 – Page 282.3.2.1 The limits specified in Tabl e 2-1 of this regulation shall apply to consumer products for wh ich the label, packaging, or accompanying literature s pecifically 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 limit ed special applications such as

hard-to-remove soils or stains.

2.3.2.2 The limits specified in Tabl e 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 onl y 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 a fter 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 of fer 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 performe d the requisite testing to

demonstrate that VOC emissions fr om ignition of charcoal with the charcoal lighter material are less than or equal to 0.020 pound of VOC per start certif ied emissions), using the procedures specified in t he South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, dated F ebruary 27, 1991 (the "SCAQMD Rule 1174 Testing Protocol"), incorporated by reference in 2.8.4.1 of this regulat ion. The provisions relating to LVP-VOC 2.2 of this regulati on and 2.3. of this r egulation shall not apply to any charcoal lighter material subject to the requirements of 2.3.1 and 2.3.4 of this regu lation. 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 charco al lighter material meets the formulation

criteria and other conditions s pecified in an applicable ACP.

7 DE Admin Code 1141 – Page 292.3.4.2 The Department may, at any time, request a manufacturer to submit information concerning t he charcoal lighter material

manufactured for use in the Stat e of Delaware. The manufacturer shall respond within 30 days, in wr iting, and shall include, at a minimum, the following:

2.3.4.2.1 The results of te sting 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 pr incipal display panel, label, and any accompanying literature. The provided material shall clearly show the usage directions for the product. These directions shall accurately re flect the quantity of charcoal lighter material per pound of ch arcoal 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 li ghter material is intended

to be used in fixed amount s independent of the amount of charcoal used, such as certain paraffin cubes, or

2.3.4.2.2.2 the charcoal li ghter material is already incorporated into the char coal, such as certain "bag light," "instant light" or "match light" products.

2.3.4.2.3 For a charcoal light er 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 t he 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 modi fication has occurred and for use in determining compliance with the conditions specified an

ACP.

2.3.4.2.5 Possession of a current ly effective certification by

the CARB under the C onsumer Products provisions of Title 17 of the California Code of Regulations, Division 3, Chapter 1, Subchapter 8.5, Article 2, Se ction 94509(h), or from a state

with a similar certification procedure, should be noted and a copy of the applicable certificat ion decision (i.e., the Executive Order) should be included.

2.3.5 The following requi rements for aerosol adh esives shall apply:

7 DE Admin Code 1141 – Page 302.3.5.1 In order to qualify as a special purpose spray adhesive the product must meet one or more of t he 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 produc t shall be classified as either a web spray adhesive or a mist spray adhesive.

2.3.5.2 If a product meets mo re than one of the definitions specified in 2.2 of this regulat ion for special purpose spray adhesive, and is not classified as a web sp ray 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 ch loride, perchloroethylene, or trichloroethylene

.

2.3.6 No person shall se ll, supply, offer for sale, or manufacture for use in the State of Delaware any fl oor wax stripper unl ess the following requirements are met:

2.3.6.1 The label of each non-aer osol floor wax stripper must specify a dilution ratio for light or medium build-up of polish that

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

less.

2.3.6.2 If a non-aerosol floor wax st ripper is also intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper must spec ify a dilution ratio for heavy build-up of polish

that results in an as-used VOC conc entration 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 r equired, as long as comparable terminology is used.

2.3.7 For any consumer product specifi ed in Table 2-1 of this regulation, no person shall sell, supply, offer for sa le 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; HCF C-141b; HCFC-142b; carbon tetrachloride and, 1,1,1-trichloroethane.

2.3.7.1 The requirement s of 2.3.7 shall not apply to any existing product formulation that complie s with the VOC content limits specified in Table 2-1 of this r egulation or any existing product

formulation that is reformulated to meet the VOC co ntent limits of

7 DE Admin Code 1141 – Page 31Table 2-1 of this regulation, pr ovided 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 s hall 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 remo vers manufactured on and after May 1, 2009 that contain methylene chlo ride, perchloroethylene, or trichloroethylene in excess of 0.01 % by weight.

2.3.9 Effective May 1, 2009, no person shall sell, supply, or offe r for sale in the State of Delaware any solid air freshener s 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 wh ich contains any of the following co mpounds: benzene; ethylene dibromide; ethylene dichloride; hexavalent chromium; asbestos; cadmium: carbon tetrachloride; trichloroethylene; chloroform; viny l chloride; inorganic arsenic; nickel; perchloroethy lene; 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 appl y to colorants up to a combined level of 2 percent by weight contai ned in any antiperspirant or deodorant.

2.3.13 The requirements of 2.3.1 of this regulatio n for antiperspirants or deodorants shall not apply to those vola tile organic com pounds that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of 2 mm Hg or less at 20 o 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 compris ed entirely of fragrance, less compounds

7 DE Admin Code 1141 – Page 32not 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 l east 98% para-dichlorobenzene (2) until May 1, 2009, solid air freshener s containing at least 98 % paradichlorobenzene. On and after May 1, 2009, the provisions of 2.3.9 of this regulation apply to solid air freshener s containing para-dichlorobenzene.

2.3.17 VOC limits specifi ed 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 produc t, less packaging, which consist of more than one gallon. [The VO C 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 produc t, 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 pur pose of 2.0 of this regulation, bait

station insecticides are containers enclo sing 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 st imulants 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 consum er products grant ed 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 OT C 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 h onor, 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 332.4.2 Manufacturers of consumer products may seek an IPE in

accordance with the following criteria:

2.4.2.1 The Department shall ex empt a consumer product from the VOC limits specified in 2.3.1 of this regulation if a manufacturer demonstrates by clear and convinci ng evidence that, due to some characteristic of the product formul ation, 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 emission s from a representative consumer product which co mplies 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 VO C limits specifie d in 2.3.1 of this regulation. VOC emissions shall be calculated using the following equation:

NC STD NC

R VOC VOCE E ×

=

where:

E R = The VOC emissions from the non-complying representative product, had it been reformulated.

E NC = The VOC emissions from the non-complying representative product in it s current formulation.

VOC STD = the VOC limit specified in 2.3.1 (Table 2-1) of this regulation.

VOC NC = 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 repr esentative 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 34innovative 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 ge nerally 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 innovativ e product, including the actual physical test methods used to gener ate the data and, if necessary, the consumer testing undertak en to document product usage.

In addition, the applicant must provide any information necessary to enable the Department to est ablish enforceable conditions for granting the exemption including t he VOC content for the innovative product and test methods for dete rmining the VOC content. All information submitted to the Department is subject to public review

under terms of the Freedom of Informa tion Act (FOIA) (t o 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 follo w in order to have information

classified as confidential is revi ewed 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 sha ll determine whether, under what conditions, and to what extent, an exemption fr om 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 additiona l supporting documentation may be submitted by the applicant before a dec ision 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 re gulation, 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 35include the VOC content of the i nnovative product, dispensing rates, application rates and any other parameters determined by the Department to be necessary. The D epartment also shall specify the test methods for determining c onformance 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 wh ich 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 wit hin 30 days if th e manufacturer learns of any information which w ould alter the emissions estimates submitted to the Department in suppor t 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 thr ough any subsequent rule making, all innovative product exemptions gr anted for products in the product category, except as provided in 2.4. 2.8 of this regulat ion, shall have

no force and effect as of the e ffective date of the modified VOC standard. This shall not apply to those innovative products which have VOC emissions less than the appl icable 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 bef ore 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 t hese 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 w hen the product was manufactured, or a code indicating such date. The date or date-code information shall be

located on the container or inside t he 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 36at 0.10% by weight or less. The requirements of 2.5.1 of this regulation shall not apply to consumer produc ts registered under the Federal Insecticide, Fungicide and Rodenticide Ac t FIFRA; 7 U.S.C. Section 136 (et seq.), or Title 3 Del.C. Ch. 12.

2.51.1 A manufacture r 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 fr om other codes on the product container so that it is easily recognizable:

YYDDD = year year day day day

where: YY = two digits represent ing the year in which the product was

manufactured DDD= three digits repres enting the day of the year the product

was manufactur ed, with 001 representi ng the first day of the year, 002 representing the sec ond day of the year, etc. (the Julian date).

2.5.1.2 If a manufacturer elects to use a dat e-code other than represented in 2.5.1.1 of this r egulation for any consumer produc t subject to 2.0 of this regulatio n an explanation of the date porti on of the code must be filed with the Department before May 1, 2009 and must be refilled every ti me the date code is changed.

Date-codes and date-code explanations indicating the date

of manufacture are cons idered 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 t he principal display panel of any consumer product manufactured befor e May 1, 2009, or any FIRFRAregistered insecticide manufac tured before May 1, 2010, any representation is made that the product may be us ed 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 regulati on, 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 t he container or packaging of any consumer product manufactured on or after May 1 ,2009, or any FIFRA-registered insect icide manufactured on or after May 1, 2010, or on any sticker or label affixed thereto, any repr esentation 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 37this 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 Require ments for Aerosol Adhesives.

2.5.3.1 In addition to the requirem ents 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 regula tion shall ensure that all products clearly display the following info rmation on each product container

which is manufactured on or after t he 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 s pecified in 2.3.1 (Table 2-1) of this regulation or an abbrevia tion 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, expr essed 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 applic able VOC standard.

If the product is included in an ACP, and the product exceeds the applicable VOC standard specif ied in 2.3.1 (Table 2-1) of this regulation, the product s hall be labeled with the term ACP or ACP product.

2.5.3.1.3 If the product is cl assified as a special purpose spray adhesive, the applicable subs trate and/or application or

an abbreviation of the substrate/ application that qualifies the product as special purpos e shall be displayed.

2.5.3.1.4 If the manuf acturer or responsible party uses an abbreviation as allowed by 2.5.3.1.1 of this regulation, an explanation of the abbreviati on 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 di sassembling any portion of the product container or packaging. For the purposes of 2.5.3.2 of this regulation, information may be displa yed 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 382.6.1 Upon 90 days written notice, the Department may require any responsible party to report informa tion for any consumer product or products the Department may specify incl uding, but not limit ed to, all or part

of the information listed in 2.6.1.1 th rough 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 Depar tment 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 desi gnated 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 fo r each consumer product and upon request by the Departm ent, 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 ea ch 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 calcul ate 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 par ty. 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 c ontainer and packaging, comprised of the following, rounded to the nearest one t enth 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 392.6.1.9.6 For products containi ng greater than two percent by weight fragrance:

2.6.1.9.6.1 the percent offragrance 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 bl end of the different types).

2.6.2 All information submitted by respons ible parties pursuant to 2.6 of this regulation shall be handled in accor dance with confidentia lity 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 r easonably detailing the method or methods by which compliance will be achieved.

2.7.2 Upon receipt of a variance appl ication containing the information required in 2.7.1 of th is regulation, the Depar tment 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 s ubmitted for publication in the Delaware

7 DE Admin Code 1141 – Page 40Register and sent to every person who requests such notice, not less than 30 days prior to the hearing. The notice s hall 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 applicat ion shall be made available to the public for inspection. Interested member s of the public shall be allowed a reasonable opportunity to testify at t he hearing and their testimony shall be

considered.

The applicant may wish to have some information treated as

confidential. Procedures for establis hing confidentiality are specified in 2.10.12 of this regulation. The Departm ent may consider such confidential information in reaching a decision on a variance application.

2.7.3 No variance shall be granted unle ss all of the following findings are

made:

2.7.3.1 that, because of reasons beyond the reasonable control of the applicant, requiring compliance wit h 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 increas ed 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 wi ll achieve compliance as expeditiously as possible.

2.7.4 Any variance order shall spec ify a final compliance date by which the requirements of 2.3 of this r egulation 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 test imony 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 ef fective 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 per son, 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 complianc e 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 Or ganic Compound (VOC) in Consumer Products", adopted Septem ber 25, 1997, and amended on May 5, 2005, which is incorporated herei n 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 dete rminations using product formulation and records. Testing to determine compliance with th e requirements of 2.0 of this regulation also may be demonstrat ed 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 indi vidual 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 accordi ng to the following equation:



## ( ) 100 A C)B Content VOC × ⎥ ⎦ ⎤ ⎢ ⎣ ⎡

−

=

where, A = total net weight of unit (e xcluding 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 re cords are contradicted by product testing performed using CARB Method 310, t he 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 so lid. 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 herei n [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 co mpliance with certification requirements for char coal material shall be performed using procedures specified in the So uth Coast Air Quality Management

7 DE Admin Code 1141 – Page 42District Rule 1174 Ignition Method Co mpliance Certification Protocol (February 28, 1991), incorporat ed by reference herein.

2.8.4.2 Testing to determine distil lation points of petroleum distillatebased charcoal lighter materials shall be performed using ASTM D86- 07b, " Standard Test Met hod for Distillation of Petroleum Products at Atmospheric Pressure", incor porated herein by reference.

2.8.5 Testing to determine plasticize r in flexible vinyl adhesives [see "Flexible vinyl adhesive" within "Specia l purpose spray adhesive" in 2.2 of this regulation] shall be perfo rmed using ASTM D-1045-95 (reapproved 2001) “Standard Test Methods for Samp ling and Testing Plasticizers used in Plastics” incorporated herein by reference.

2.8.6 No person shall creat e, alter, falsify, or ot herwise modify records in such a way that the records do not accu rately reflect the constituents used to manufacture a product, the chemic al composition of the individual product, and any other test, processes, or records used in connection with product manufacture.

2.8.7 Test Meth od Availability.

2.8.7.1 CARB Method 310 is av ailable on the website at http://www.arb.ca.gov/tes tmeth/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. Te lephone (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 regulati on is to provide an alternative method [an alternative control plan (ACP)] to comp ly with the Table 2-1 of this regulation limits specified in 2.3.1 of this regulation. This alter native is provided by allowing responsible ACP parties the opt ion of voluntarily entering into separate alternative control plans for consumer products, as specified herein. On ly responsible ACP parties for consumer produc ts may establish an ACP.

2.10.1 Except as provi ded in 2.10.2 of th is regulation, any manufacturer of consumer products, granted an AC P agreement by the CARB under

7 DE Admin Code 1141 – Page 43provisions 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 Tabl e 2-1 limits specifi ed in 2.3 of this regulation for the period of time that said ACP agr eement remains in effect, provided that all ACP products used fo r emission credits within said ACP agreement are contained in T able 2-1 of this regulat ion. Any manufacturer claiming such an ACP agreement shall s ubmit to the Depar tment a copy of the ACP decision (i.e., the Executiv e Order or other comparable state action), including all conditions applicable to the exemption. The Department reserves the right to re fuse to honor, revoke or otherwise

cancel an ACP which it believes has been misrepresented or does not

meet the criteria for est ablishing or maintaining an ACP. Holders of other state ACP agreements, operating in Delaware, s hall 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, Ar ticle 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 agreem ent by any OTC state based on state specific data, or that hav e not been granted an AC P 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 nec essary to apply to the Department for authorization. The manufacturer shall submit the information requested in 2.10.5.1 of th is regulation upon establishing the ACP and from time to time, the Department may requi re additional reporting as specified in 2.10.5 of this regulation. The D epartment reserves the right to refuse to honor , revoke or otherwise cancel an ACP established under 2.10.2 of this regul ation which it believe s 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 ci rcumstances 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 follo wing, which shall be kept current and available to the Department upon reques t 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 442.10.3.2 a statement of whether the respons ible ACP party is a one-product business, or a small busi ness 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 eac h distinct ACP product that is proposed for inclusion in the ACP;

2.10.3.4 for each proposed ACP pr oduct identified in 2.10.3.3 of this regulation a supported stat ement that the enforceable sales records to be used by the res ponsible ACP party for tracking product sales meet the minimum crit eria 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 per sons, phone numbers, names,

street and mail addresses of a ll 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 validit y of the enforceable sales

with enforceable sales record s provided by the contact persons or the responsible ACP party;

2.10.3.4.4 calculat e 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 produc ts 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 diffe rent periods, as follows:

2.10.3.5.2.1 the VOC a nd LVP contents of the product at the time the ACP is established, and

7 DE Admin Code 1141 – Page 452.10.3.5.2.2 any VOC a nd LVP contents of the product, which have occurred at any time within the four years prior to t he date of establishing the ACP, if either the VO C 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 th is 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 t he products identified under 2.10.3.4.5 of this regulatio n for each compliance period that the ACP will be in effect. The oper ational plan shall contain all of the following:

2.10.3.7.1 an identification of the compliance periods and dates for the responsible AC P 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 pr ovided, 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 specif ied in 2.10.3.7.1 of this regulation;

2.10.3.7.3 for a small busi ness or a one-product business which will be relying to some extent on surplus trading to meet its ACP limits, a wr itten commitment from the responsible ACP party or parties that they will transfer the surplus reductions to the sm all 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 reproducibi lity) calculated for each specified method.

2.10.3.7.5 the projected enf orceable 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 detail ed write-up showing th e 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 pr oducts will be reduced (i.e., by ACP reformulation). This write-up shall use the equations specified in “ACP emissions” an d “ACP limit” as defined in 2.2 of this regulation for pr ojecting the ACP emissions and ACP limits during each complianc e period. It shall also

include all VOC content leve ls 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 t hat 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 t hat have occurred in the past, or any other attempts to circum vent 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 t he approximate dates by which the responsible ACP party pl ans to meet the applicable

ACP VOC standards for eac h product in the ACP;

2.10.3.7.10 a reconciliation of shortfalls plan which commits the responsible ACP par ty to completely reconcile any shortfalls in any and all cases, even, to the extent permitted by law, if the res ponsible 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 47reconciled within 90 worki ng 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 commitm ent to provide any record or information requested by the Department to verify t hat 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 Avail ability 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 per iod mutually agreed upon by the Department and the responsible ACP party.

2.10.5 Reporting

2.10.5.1 Upon establishing an AC P, 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 info rmation 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 482.10.5.3 When a shortfall occurs, the responsible ACP party shall promptly notify the D epartment. When the shortfa ll 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 t he exceedance and plans for correction. Any exceedance is a violation of 2.0 of this regulation and may resu lt 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 penal ties specified in applicable Delaware laws and regulations. Failure to meet any requirement of 2.0 of this regulation or any condi tion 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 info rmation contained in an ACP, or any supporting documentation or amendments thereto, shall constitute a single, separate violat ion of the requirements of 2.0 of this regulation for each day t hat 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 violati on of the requirements of 2.0 of this regulation for each ACP pro duct 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 requirement s of 2.0 of this regulation for each day after the applicable dead line 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 r egarding 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 determini ng 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 dat e of written notification of a shortfall;

7 DE Admin Code 1141 – Page 492.10.6.4.4 Failure to complete ly reconcile the shortfall as specified in the ACP, within 90 wo rking 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 t he sale or transfer of invalid surplus reductions, shall constitute a single, separate violation of the require ments 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 vi olation of the requirements of 2.0 of this regul ation for each day of the applicable compliance period. The responsi ble ACP party shall determine

whether an exceedance of the ACP limit has occurred as follows and promptly report the resu lts 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 oc curred 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 informa tion specified in the ACP for an applicable compliance perio d, determining whether an

exceedance of the ACP limit has occurred shall be done as

follows:

2.10.6.6.2.1 for the miss ing data days, calculate the total maximum historical emissions, as specified in 2.2 of this regulation;

2.10.6.6.2.2 for the re maining 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 r eported for that portion of the applicable compliance period;

2.10.6.6.2.3 the ACP em issions 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 50emissions 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 st andards applicable to each ACP product and enforceable sales records specified in 2.10.6.6.2.2 of this regulati on. Enforceable sales for each ACP product during missing dat a days, as specified in 2.10.6.6.2.1 of this regulat ion, 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 s pecified 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 Violation1Limit)ACP Emissions (ACP NEV ×

−

=

where, NEV = number of ACP limit violations;

ACP emissions = the ACP emissi ons 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 par agraph 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 objec tions 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 thr ough 2.10.6.7 of this regulation, circumstances covered in applicabl e laws and regulations of the

State of Delaware shall be taken into consideration.

2.10.6.9 A cause of action agains t a responsible ACP party under 2.10.6 of this regulation shall be deemed to accrue on the date or

dates when the records establishi ng 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 c ontracts with or other wise 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 512.10.7 Surplus Reductions and Surplus Trading.

2.10.7.1 Any surplus reductions of VOC achieved by a responsible ACP party operating under an ACP ma y 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 regulat ion. All surplus reductions shall be calculated at the end of each compliance period within the time specified in the established ACP. Surplus reduction ce rtificates 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 operat ing under a prior established ACP;

2.10.7.2.3 Surplus reductions may be used by the responsible ACP party who gene rated 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 reduc tions 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 provi ded 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 bus iness 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 ei ther 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 52responsible 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 re conciliation is part of

the reconciliation of s hortfall plan pursuant to

2.10.3.7.10 of th is 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 complia nce 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 tr ansfer. The notification shall

include all of the following:

2.10.7.2.8.1 the date th e 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 pur chase price paid by the buyer for the surplus reductions;

2.10.7.2.8.5 the contac t 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 53expiration date. The copy s hall indicate limitations placed upon the transfer of the surplus reductions and accept full responsibi lity for the appropriate use of such surplus reductions as provided in 2.10.7 of this regulation.

2.10.7.2.9 Surplus reducti on 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 comp liance period, the responsible ACP party shall make an initial calc ulation of any shortfalls occurring in that compliance period. Upon re ceipt of this information, the Department shall determine the am ount 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 shortf alls plan as specified in the ACP, within 30 working days from the dat e of written notificati on of a shortfall by the Department.

2.10.8.3 All shortfalls shall be completely reconciled within 90 working days from the dat e of written notificati on of a shortfall by the Department, by implementing the rec onciliation of shortfalls plan specified in the ACP.

2.10.8.4 All requirem ents 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 produc t formulation,

2.10.9.1.3 product form,

2.10.9.1.4 product function,

2.10.9.1.5 applicabl e product category (ies) or categories,

2.10.9.1.6 VOC content,

7 DE Admin Code 1141 – Page 542.10.9.1.7 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 fr om 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 ot herwise provided in 2.10.7. 2 of this regulation, the responsible ACP party shall notif y the Department, in writing, of any information learned of by the responsible ACP party which may alter any of the information submi tted 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 Departm ent 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 informati on submitted pursuant to a request is no longer valid, or

2.10.10.1.3 the ACP emissi ons 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 55The 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 st andards specified in 2.3.1 of this regulation are modified in a fu ture 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 modi fied by the responsible ACP party;

2.10.11.1.3 the ACP is modi fied 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 termi nate on the effective date or dates of the modified standard;

2.10.11.1.5 the ACP is cance lled 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 Departm ent that the co ntinuation of

the ACP will result in an extr aordinary 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., t he ACP emissions exceed the ACP limit by 20.0% or more );

2.10.11.2.3 the responsible AC P party fails to meet the requirements of 2.10.8 (Reconcili ation of Shortfalls) of this regulation within the ti me periods specified in 2.10.8 of this regulation; or

7 DE Admin Code 1141 – Page 562.10.11.2.4 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 AC P 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 follo wing 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 su bject to the ACP shall be in compliance with the applicab le VOC standards in 2.3.1 of this regulation immediat ely 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 Depar tment is subject to public review

under terms of the Freedom of Informa tion Act (FOIA) (to be found at 29

Del.C. Ch. 100), unless deemed to be conf idential by the Secretary in accordance with the procedures outlin ed 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 revi ewed in the FOIA regulation which can be obtai ned from the Department.

2.10.13 Other Applic able Requirements.

A responsible ACP party may trans fer 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 participati ng in the transfer of the ACP.

The written notificati ons 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 57written 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 par ty to which the ACP is being transferred shall provide a writt en 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 referr ed to in 2.0 of this regulation and are required to fully understand the provisions of 2.0 of th is regulation. Copies of these related rules may be obtained through the State of Delaware web site http://www.delaware.gov, by writing to St ate 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 "Regu lations Governing the Control of Air Pollution", Air Quality Management Se ction, 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 la w, "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 Inform ation Act (FOIA), Title 29 Del.C. Ch. 100, Section 10002(d) also is availa ble 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 relati ng to penalties for violations of environmental regulations, Title 7 Del.C. Ch. 60 Sections 6005 and 6013

also can be found at the followi ng web site http://www.michie.com.

7 DE Admin Code 1141 – Page 58TABLE 2-1
VOC CONTENT LIMITS FO R 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 59VOC 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 60VOC 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 61VOC 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