# ATTACHMENT 

# "B"

### To: Through:

From: Subject: 

# MEMORANDUM**LisaA.ve~t**

. I If1A(l.e.··f 

### JamesWerner

# .~ /I; .C1p" 

### AliMirzakh IIi

## ~ 

## "Jf\..- RonaldA. irikian 

# tff'0
GeneM. Pettingill
PublicHearingResponse Document

## = Amendmentsto Regulation 1141 "LimitingEmissions ofVolatile Organic CompoundsFromConsumerand CommercialProducts", 2.0Consumer Products, and4.0Adhesives & 

### Sealants
Date: February9,2009

BasedonStartActionNotices 2008-06 and 2008-07, theDepartmentproposesto revise 2.0ofregulation 1141 baseduponarecentOzoneTransport Commission(OTC)model rule adopting 23 newcompoundsto regulate andto add anew section,4.0, adhesives and sealantsalsobasedupon an OTCmodel rule. Bothofthesemodelrules were, inturn, baseduponexistingrules in California. Althoughthereis no comparablefederal consumerproductsrule, onehasbeenprojectedfor several years. Thereis arecently issued federal ControlTechnique Guideline for adhesivesbutDNREC didnotconsiderit for adoption as (I)therewas a more stringentrule availableinthe OTC model rulewhich coveredmore adhesiveproducts and (2) the federal CTGdidnotinclude sealants.
TheDelawareconsumerproducts rule (2.0ofRegulation 1141

- effective 1111102) was originallydeveloped basedon an OTC modelruledevelopedbyateamofenvironmental personnelfrom anumberofOTC states adapting a 1999 CaliforniaAirResources Board (CARB)rule. CARBhas a longhistory(since 1989) ofregulatingconsumerproducts andhasperformedsignificant scientific studies andheldmanystakeholdermeetingsto insureproductcategorieswere correctlyidentified andthatVOC contenttargets specified intheirinitial andupdatedruleswere attainable. TheOTC, as does Delaware,relies on those studies and stakeholdermeetings to provide a soundbasisforruledevelopment This revision added 12 new categories ofproducts, revised somedefinitions to improve clarityandinsurethatproductmanufacturingdate-codes, affixedto theproductlabel, are notclaimedas confidential. Delawarewilltreatthedate-code as public information.
The adhesives & 

### sealants OTCmodelrulewasbasedonareasonablyavailablecontrol technologydeterminationpreparedbythe CaliforniaAirResourcesBoard (CARB) in 1998. In

### theyears 1998-2001,theprovisions ofthe CARB determinationwere adopted inregulatoryform in various airpollution control districts in CaliforniaincludingtheBay

1

### Area, SouthCoast, VenturaCounty, SacramentoMetropolitanand SanJoaquinValley. VOC emissionsfrom adhesives and sealantsresultfrom evaporation duringtransfer, drying, surface preparation, andcleanup operations. Theregulationrequires theuse of \ low-VOC orlow-vaporpressurematerials ortheuse ofequipment orprocedures thatwill reduce VOC emissions.
Theserevisions areidentifiedina June6,2006MemorandumofUnderstanding signed byall 12 memberstates andtheDistrictofColumbiaoftheOTC, withRaymond Malenfant,representingDelaware. Itis one ofseveralregionalmeasuresbeing adopted to aidintheattainmentandmaintenance ofthe 8-hourozoneNAAQS by2010. We anticipate thattheconsumerproductsrevisionwill result in220 tonsperyearVOC reductioninthe stateofDelaware and that theadhesives & 

### sealantrulewillresultina reductionofabout 365 tonsperyear.
Almostall OTC stateshavecompletedrevisionsto theirrulesbaseduponthe OTC model rules. Therewereessentiallyno deviations from themodelrule forconsumerproducts. Therewas onerevisionofnoteinall states that adoptedthe OTCmodelrule for adhesives & 

### sealants dueto expressed concerns from theEPDMRoofingAssociation.
Thereweretencomments ofwhichwerecommend adoptionofeightandrejectionof two. Theeightforwhichadoptionis recommended includetwo whichgaveunqualified

,supportfor oneorbothrules;twoforrewordingseveralprovisions forimprovedclarity; onefor an administrativechangeinthenameofa referencedcorporation andthreeto providea three-yeartransitionperiodintheintroduction ofa VOClimitfor single-ply roofinginstallation/repairadhesive. Thetwocommentsforwhich adoptionisnot recommendedwereto revise wordingwhichis self-explanatoryandrequiresno change.
Theattachedreportgives detailsofall 10commentsandrecommendedresponses. All sevenofthe stakeholdercommentdocuments submittedtotherecord areattached along with a copyofeachproposedrule. Approval is recommended.

2

### ProposedRegulation 1141 Section2.0ConsumerProducts!14.0Adhesives & 

### Sealants2



### StakeholderComment andDNRECResponseDocument

Thereweretwo comments made at the 1128/09

### public hearing and five letters/e-mails containingcommentsreceivedbeforethepublicrecordwas closed on 1130/09. 

### An additional e-mailedcommentwas received from theAmerican SocietyofTestingand Materials Internationalon2/4/09, 

### afterthecommentperiod closed, whichdueto content, was accepted and isincludedinthisdocument.


### Comment1

- E-mail from ZacharyFriedman, CleanAirCounciltoRonaldA. 

### Amirikian, DNRECAir QualityManagement Section, datedJanuary30,20093• 

### TheCleanAirCouncil commentedtheywere supportiveofthe Department's proposed amendmentto Regulation 1141.


### DNRECResponse

- TheDepartment appreciatesthis commentinsupportofthe amendments.


### Comment2

- E-mail from JosephT. Yost, ConsumerSpecialtyProducts Associationto GeneM. Pettingill,DNRECAirQualityManagement Section,datedJanuary30,20094• 

### CSPAoffers general support for the Department'sproposed amendmentbecauseitis consistentwithprovisionsoftherecentlyrevised OTCModel ConsumerProductsRule and suchconsistencyis importantto avoid impediments tointerstatecommercewhich couldresultfrom conflictingstate-to-staterequirements. CSP A also supportsthe 5/1/09 

### compliancedate for thisrule sincemanufacturersare alreadyrespondingto thesame requirements from otherOTCwith 1/1/09compliancedates.


### DNRECResponse

- TheDepartmentappreciates the supportofCSPAwhorepresent manymanufacturers ofthemorethan 100products coveredby2.0ofRegulation 1141. Wealso notethat the additional23 products andproduct types added to the Delaware rule werecoveredbythe CaliforniaAirResources Board (CARB) amendments to their
consumerproductrulesthatwere effective 1/1/05. Manufacturersthereforehad ample opportunityto makeanyrequiredproductformulation changes andtoramp uprevised productproductionwellinadvanceoftheDelawarerule.


### Comment3- E-mail fromAnneMeininger, USAWTOTBTInquiryPointofthe NationalCenterfor Standards and CertificationInformation,National Instituteof Standards and Technology, U. 

### S. DepartmentofCommerce,relaying a message from JessicaHychalk, ASTM International to GeneM. Pettingill, DNRECAirQuality Management Section, dated February 5, 20095

. 

### (Comment3a) Ms. HychaIkinstructs thatthenameAmerican SocietyforTestingand Materialsisnolongeraccurateandshouldnowbereferredto as "ASTMInternational".

1

### (Comment3b) Also, theypreferwereference standards usingthe current active standardwhichisusuallythe standardnumber (e.g.,DI045) followedbythemostcurrent revisionyear (e.g.,D1045-08).


### DNREC Response

- (Response 3a) TheDepartmentwillrevisetheproposedrulesto showthepropernameoftheorganization as "ASTMInternational". (Response 3b) TheDepartmentbasestheirregulationontheOTC modelrule for consumerproducts and foradhesives & 

### sealantswhichintum

### werebaseduponcertain Californiarules. The Departmentpreferstoreferto the actualASTMInternational standard 

### in forcewhenthebaserulewasdevelopedratherthan give ablanket approval for anysubsequentASTM Internationalrevisionand will notmake anychangestothe ASTMInternationaldesignations.


### Comment4 - Letterfrom Thomas D. Sims, Department oftheAirForce, AirForce Centerfor Engineering andtheEnvironment, Regional Environmental Office, Eastern Region to Gene M. Pettingill, DNRECAirQualityManagement Section, datedJanuary 27,20096• 

### (Comment4a) TheAirForceis concernedthatdefinitions for "supply"and for "supplies"maybemisinterpretedwhenproducts arepurchasedbyanentitysuchasthe AirForce and warehousedat a central location for distributionto otherAirForceentities andthattheAirForcecouldbedetermined to be adistributorandsubjectto the provisionsof4.3.1. (Comment4b) Also, theAirforce is concernedthatthere appears to beno sellthrough provision that allows the saleofproductmanufacturedpriorto 511/09. 

### Theysuggested languagebeaddedto allow such sellthroughiftheproductdisplays a dateordate-code onthecontainer.


### DNREC Response

- (Response 4a) TheDepartmentunderstands theAirForce's first comment andbelievesthatrule language shouldbe sufficientprotectionintheircase, however, theDepartmentwill add languageto 4.1; 4.3.1; 4.45; 4.4.5.2; and4.4.6 to substitutetheword "supply"or"supplies"with the term "supplyfor sale"or"suppliesfor sale"whichwill makethe situationclearfor in-housedistribution situations. (Response4b) TheDepartmentbelievesthatrulelanguageis clearin4.0 ofregulation 1141. Forexample,4.3.1 clearlyprovidesthatnoperson shall sell, etcproducts manufacturedonorafter 5/1/09

### ifsuchproductdoesnotmeetVOC contentlimits spelled outinTable4-1. Thereforeproductmanufacturedpriorto 511/09 

### does nothaveto meet theTable4-1 VOC limits. Suchpre-rulemanufacturedproductmaycontinueto besold on andafter 5/1/09. It

### wouldnotbelikelythatproduct manufacturedpriorto 5/1/09 

### wouldhavea date ordate-codeforthetimeofmanufacture astheAirForcesuggestsas therewasnopriorregulationrequiring sucha codeonproductcontainers. The Departmentbelievesthereisno need forarulechange as a resultofthis comment

2

### Comment5 - E-mailfrom EricRowland, ILC Doverto GeneM. Pettingill, DNRECAir QualityManagementSection, datedJanuary 30, 20097

. 

### Exemptions to the adhesives & 

### sealantrule are listedin4.4 ofregulation 1141. The exemption for aerospacecomponents isin4.4.2.2 ofregulation 1141 andILCbelieves the following languageis not clear; "Assembly, repair andmanufactureofaerospaceor undersea-based weapon systems." They suggest4.4.2.2 bere-worded to 

### "Assembly, repairandmanufacture of aerospace components orundersea-basedweaponsystems components".
DNRECResponse

- TheDepartment concursandwill addthe suggestedwording.
Comment6 - Letterfrom JaredBlum, the EPDMRoofingAssociationtoRon Amirikian, DNRECAirQualityManagement Section, datedJanuary25,20098

. 

### Mr. Blumpoints outthatthe OTC adhesives & 

### sealantsmodel rule was basedupon Californiarules whichexistmainlyinthe southern, warmer areas ofthatstateandthat, for severalreasons, themarketpenetrationofEPDM single-plyroofing is about 2%of thetotal low-sloperoofingbusiness in California. ThemarketpenetrationofEPDM roofing is closerto 50%inthe OTC region. Although low-VOCwater-basedadhesives areusedinCaliforniafor installationandrepairoffully adheredEPDMroofing, theyare 

### usedinpredominatelyhighambienttemperatureareaswherethe40°Flowertemperature thresholdis rarelyaproblem asit is intheOTC states. Baseduponthese findings, it is apparent that Californiaexperience is insufficient for the basis ofa DelawareEPDM roofing adhesive rule.
Newproducts thatwould complywiththe250 gramVOCperliterlimitof4.0 of Regulation 1141 are indevelopment and, says

### Mr. Blum "

...

### theEPDMindustry is confidentthatsuch an all-seasonproductcan be fully commercializedwithin thenext threeyears, includingthe timeneeded for fielddemonstrations of newadhesive formulations undercoldweatherconditions, educationalseminars forDelaware architectsandbuildingmanagers abouttheapplication conditionsandlimitations of theseproducts, andtrainingsessions forthethousands of roofingcrew members who installEPDMin Delawareandnearbyadjoiningstates. "
Mr. Blumsuggeststhat 

### "Because lowtemperature extremesatthebeginningandendof theDelawareozoneseason may frequently fallbelowthe optimaloperatingrange for VOC-compliant roof bondingadhesives, andbecausethe commercialroofingindustry in Delawarehasyetto implementan extensive education andtrainingprogram for its 1,000 workers, itwouldbereasonabletoprovidea transitionalperiodthatwouldtemporarily allowthe useof non-compliantadhesives duringthe coldermonthsatthebeginningand endof theozoneseason andduringthe coldermonths of thenon-ozoneseason. This approach wouldallowEPDMroofingmanufacturerstofieldtest theirreformulated productsandcommercial roofingcontractors to train theircrews in the useof these productsduringtheoptimalmonthsof theozoneseason, andthen extendthis experience into the less optimalmonths. Consistentwith rulespreviouslyenactedin Connecticut,

3

### NewJersey andPennsylvania, it is recommendedthat the 250gilmaximum foradhesives involvedin "Single-PlyRoof MembraneInstallation/Repair" bephasedin accordingto the followingschedule;
Year
2009 2010, 2011 2012 VaC-Compliant «250gllRequiredDuring: JulythroughAugust May through September Year-Round



### Mr. Blumpoints outthatin additionto the abovementioned stateswith enacted adhesive & 

### sealantsrules specifyingaphased-intransitionperiod for single-plyroofing adhesive, that severalotherstates, includingRhode Island, theDistrictofColumbia, Massachusetts andMarylandhavedecidedto adoptthis approach.
DNREC Response

- The Department agrees with the EPDM RoofingAssociation proposal.
Comment7- Transcript for "ProposedAmendments to AirQualityRegulation 1141" PublicHearing, January28,2009, Wilcox]eltzer,Ltd9

. 

### (Comment 7a) MikeDuCharmeofCarlisle SynTee, anEPDMroofingmanufacturer and a memberoftheEPDMRoofingAssociation, (seepage 19 ofthe transcript)reiteratedand supportedthe commentsmadebyMr. Blum (comment 6). (Comment 7b) RyanHenn ofD. ShinnIncorporated Roofing, aroofingcontractor locatedinNew Castle County(seepage 27 oftranscript) also supportedMr. Blums comments (comment6) particularlywithregardtothe fact that workable VOC-compliant products are not yet commercializedandthat extensivetrainingwillbeneededwhenthey are availableto insure thatroofers clearlyunderstandthemanifolddifferences inusing theseproducts as opposedto currenthighVOCproducts.
DNRECResponse

- The Department concurs, seeDNREC Response to Comment 6.

4

### ProposedRegulation 1141 Section 2.0 ConsumerProducts/4.0Adhesives & 

### Sealants
StakeholderComment andDNRECResponseDocument



### REFERENCES

Exhibit 1 Proposed2.0 (ConsumerProducts)ofRegulation 1141.
Exhibit2 Proposed4.0(Adhesives & 

### Sealants) ofRegulation 1141.
Exhibit 3 E-mail from ZacharyFriedman, CleanAirCounciltoRonaldA. Amirikian, DNREC AirQualityManagement Section, 1130/09.
Exhibit4 E-mail from Joseph T. Yost, ConsumerSpecialtyProducts Association to Gene M. Pettingill, DNREC Air QualityManagement Section, 1/30/09.
Exhibit 5 E-mail from AnneMeininger, USAWTO TBTInquiryPointoftheNational Centerfor Standards and CertificationInformation,National InstituteofStandards and Technology, U. 

### S. DepartmentofCommerce,relaying amessagefrom JessicaHychalk, ASTMInternationalto GeneM. Pettingill, DNRECAirQualityManagementSection, 2/5/09.
Exhibit6 Letterfrom ThomasD. Sims, Department oftheAirForce, AirForceCenter for Engineering andthe Environment, Regional Environmental Office, Eastern Region to GeneM. Pettingill, DNRECAir QualityManagement Section, 1127/09.
Exhibit 7 E-mailfrom EricRowland, 

### ILC Doverto GeneM. Pettingill, DNRECAir QualityManagement Section, 1130/09.
Exhibit 8 Letterfrom JaredBlum,EPDMRoofingAssociationtoRonAmirikian, DNREC AirQualityManagement Section, 1125/09
Exhibit 9 Transcript for "ProposedAmendments to Air QualityRegulation 1141" PublicHearing, January28,2009,Wilcox]eltzer, Ltd.

5Title 7 DNREC 1100AirQuality Management Section \
1141 Limiting Emissions OfVolatile Organic CO'11Pounds From ConsumerAnd Commercial Products
2.0 Consumer Products
2.1 Applicability
2.1.1 Except as provided in 2.1.2 and 2.1.3 ofthis regulation, SeGlieR 2.0 of this regulation shall apply to any person who sells, supplies, offers for sale, or manufactures consumer products on and after JaRliary 1, 2GG5 the applicable compliance dates in Table 2-1 of this regulation. 'VOC Content Limits for Consumer Products". for use in the State of Delaware.
2.1.2 The provisions of SeGlieR 2.0 ofthis regulation shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State of Delaware, a consumer product that does not comply with the VOC standards specified in 2.3.1 ofthis regulation, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of the State of Delaware, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to the State of Delaware. This does notapplyto consumer products that aresold, supplied, oroffered for sale by any person to retail outlets in the State of Delaware.
2.1.3 The provisions of SeGlieR 2.0 ofthis 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 ofthis regulation, provided that retailer demonstrates to the satisfaction of the Department that the manufacturer or distributor of that product mislead that retailer into believing that the product did comply with the VOC standards specified in 2.3.1 ofthis regulation.
2.2 Definitions
Terms used but not defined in SeGlieR 2.0 of this regulation shall have the meaning given them in**Re!l~latieR ~Je.11** G1 7 DE Admin Code 1101 orthe CAA in that order of priority. "ACP (alternative control plan)" means an emissions averaging program, established and managed by a responsible ACP party which allows manufacturers to sell ACP products in the State of Delaware pursuant to the requirements of SeGlieR 2.0 ofthis regulation. "ACP emissions" means the sum of the VOC emissions from every ACP product subject to an ACP, during the compliance period speCified in the ACP, expressed to the nearest pound ofVOC and calculated according to the following equation:

7DEAdmin Code 1141- Page 1ACP**Emissi~s** = (Emission), 

### +(Emission)2 

### +

... +(Emission)N
where.
Emission =**-,-01_a_C_C_o_nt_e_n--,t)_x...:.(_E_n~_o_rce_a_b_le_S_a_le_s.!..)** 100 where,
For all products exceptfor charcoal lighter material products:
vaCContent

## =[(B-C)x100] 

### A where, A = netweight of unit (excluding container and packaging); B = total weight ofall vacs per unit; C = total weight of all exempted vacs per unit, as specified in 2.3.11 through 2.3.19 ofthis regulation.
Forcharcoal lighter material products only:

vac Content = (Certified Emissionx100) Certified Use Rate where, Certified Emissions 

# =emissions level§ for products specified 2.3,4.1 of this regulation; Certified Use Rate = see "Certified use rate" in SestioA 2.2 ofthis regulation. 

### "ACP limit" means the maximum allowable ACP emissions during the compliance period specified in an ACP, expressed to the nearest pound ofvac and calculated according to the following equation:
ACP Limit = (Limit), 

### +(Limit)2 

### +

...+(Limit)N where.
L· 't "(A..:.,C:.,:P----=S""ta:::.n..:..d.::,ar,,,d:!...) x-:-(:::E=-nc...fo:....r..:..ce:..:a...:b_le,-S:...a_le:...s.!..) Iml =- 100 where, Enforceable Sales = see "Enforceable sales" in SestioA 2.2 ofthis regulation ACP Standard 

### =see "ACP standard" in SestioA 2.2 ofthis regulation ',2,

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

7DE Admin Code 1141

- Page 2"ACP product" means any consumer product subject to the VOC standards specified in 2.3.1 of this regulation, except those products that have been exempted under2.3 ofthis regulation, or exempted as innovative products under 2.4 of this regulation and is covered by an ACP established by the responsible ACP party. "ACP reformulation or ACP reformulated" means the process of reducing the VOC content ofan ACP product, within the period that an ACP is in effect, to a level which is lessthan the current VOC content ofthe product. "ACP standard" means either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in 2.3.1 ofthis regulation, whichever is the lesser ofthetwo. "ACP 

## vac standard" means the maximum allowable 

## voe content for an ACP product, determined as follows: (1) the applicable

## voe standard specified in 2.3.1 ofthis regulation for all ACP products exceptfor charcoal lighter material; (2) for charcoal lighter material products only, the 

## voe standard for the purposes of SeGtieR 2.0 of this regulation shall be calculated according to the following equation:
VOC Standard = 0.020poundCH2 perstart Certified Use Rate where, 0.020 

### =the certification emissions level as specified in 2.3.1 ofthis regulation. Certified Use Rate 

### = see "Certified use rate" in SeGti9R 2.2 ofthis regulation
"Adhesive" means any product that is applied for the purpose ofbonding two surfaces together other than by mechanical means. "AaResi'Je" Adhesive does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, orany other product with an adhesive incorporated onto or in an inert substrate.
"Adhesive remover" means a product designed elEslllsi·.<elyfer IRe refl19\'a1 af !Q...remove adhesives, Gallik aRa atAer bSREliR§ FRaterials from a specific or a variety of substrates. Adhesive remover does not include products that remove adhesives intended exclusively for use on humans or animals.
For the purposes of this definition and adhesive remover subcategories (1) through (4) below, the term adhesive shall mean a substance used to bond one or more materials. Adhesive includes, but is not limited to: caulks: sealants: glues: orsimilarsubstances used forthe purposes offorming a bond. (1) "Floor and wall covering adhesive remover" means a product designed or labeled to remove floor or wall coverings and associated adhesivefrom the underlying substrate:

7 DE Admin Code 1141- Page 3(2) "Gasket or thread locking adhesive remover" means a product designed or labeled to remove gaskets or thread locking adhesives. Product labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered gasket orthread locking adhesive remover. (3) "General purpose adhesive remover" means a product designed or labeled to remove cyanoacrylate adhesive as well as nonreactive adhesives or residue from a variety of substrates. General purpose adhesive remover includes. but is not limited to. products that remove thermoplastic adhesives: pressure sensitive adhesives: dextrine or starch-based adhesives: casein glues: rubber or latex-based adhesives: as well as products that remove stickers: decals: stencils: or similar materials. General purpose adhesive remover does not include floor orwall covering adhesive remover. (4) "Specialtv adhesive remover" means a product designed to remove reactive adhesives from a varietv of substrates. Reactive adhesives include adhesives that require a hardener or catalyst in order for the bond to occur. Examples of reactive adhesives indude. but are not limited to: epoxies: urethanes: silicones. Specialtv 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 orto be applied on food, or both.
"Aerosol product" means a pressurized spray system thatdispenses product ingredients by means of a propellant contained in a product or a product's container or by means ofa mechanically induced force. "AeFesel PFeGl,Ist" Aerosol product does not include pump sprays. "Agricultural use" means the use ofany pesticide ormethod ordeviceforthe control of pests in connection with the commercial production, storage or processing ofany animal or plant crop. "AgFisl,lltllFaI lise"Agricultural use does not indude the sale or use of pesticides in properly labeled packages or containers which are intended for: (and defined for the purposes ofthis definition only): (1) home use which means use in a household or its immediate environment, (2) structural pest control which means a use requiring a license under Title 3 DeLC. Ch. 12,

7 DE Admin Code 1141

- Page 4(3) industrial use which means use for or in a manufacturing, mining, or chemical process or use in the operation of factoAes, processing plants, and similarsites, and (4) institutional use which means use within the lines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes.
"Air freshener" means any consumer product including, but not limited to, sprays, wicks, powders, and crystals, designed forthe purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. "Air fresReRer" Air freshener does not include products that are used on the human body, products that. as indicated on the product label. function primarily as cleaning products, toilet and urinal care products, disinfectant products claiming to deodorize by killing germs on surfaces, or institutional/industrial disinfectants when offered for sale solely through institutional and industrial channels of distribution. !Air fresReRer" Air freshener does include spray disinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrial channels of distribution. To determine whether a product is an air freshener, all veribal and visual representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The presence of, and representations about, a product's fragrance and ability to deodorize (resulting from surface application) shall not constitute a claim ofairfreshening. "All other carbon-containing compounds" means all other compounds which contain at least one caribon atom and are not exempt compounds or 

### !bl.£I2- VOC's" LVp-VaGs.
"All other forms" means all consumer product forms for which no formspecific VaG standard is specified. Unless specified otherwise by the applicable VaG standard, "All etRer ferms" all other forms include, but are not limited to, solids, liquids, wicks, powders, crystals, and cloth or paperwipes (towelettes).
"Anti-microbial hand or body cleaner or soap" means a cleaner or soap designed to reduce the level of microorganisms on the skin through germicidal activity. "ARti misreeial RaRa er eeay sleaRer er seaJl" Anti-microbial hand or body cleaner or soap includes, but is not limited to, anti-microbial hand or body washes/cleaners, food-handler hand washes, healthcare personnel hand washes, pre-operative skin preparations and surgical scrubs. ",A.Rti misreeial RaRa er tleay sleaRer er seaJl" Anti-microbial hand or body cleaner or soap does not include prescription drug products, antiperspirants, astringent/toner, deodorant, facial cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing detergent (including anti-microbial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, and rubbing alcohol. "Antiperspirant" means any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended bythe manufacturer to be used to reduce perspiration in the human axilla by at least 20 percent in at least50 percent ofatarget population.

7 DE Admin Code 1141

- Page 5"Anti-static product" means a product that is labeled to eliminate. prevent or inhibit the accumulation af static electricitv. Anti-static product does not include electronic cleaner. floor polish or wax. floor coating and products that meet the definition ofaerosol coating product orarchitectural coating. "Architectural coating" means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs. "ASTM" meansthe American Societyfor Testing and Materials. "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 ofcleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. This category does not include any hand, face, or body cleaner or soap product, medicated astringent/medicated toner, cold cream, lotion, or antiperspirant. "Automotive brake cleaner" means a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.
"Automotive hard pastewax" means a motorvehicle wax or polish which is: (1) designed to protect and improve the appearance of motor vehicle painted surfaces; (2) asolid at room temperature; and (3) contains 0% water by formulation.
"Automotive instant detailer" means a product designed for use in a pump spray that is applied to motorvehicle painted surfaces and wiped off priorto being allowed to dry.
"Automotive rubbing or polishing compound" means a product designed primarily to remove oxidation, old paint, scratches or "swirl marks", and other defectsfrom motorvehicle painted surfaceswithout leaving a protective barrier.
"Automotive wax, polish, sealant or glaze" means a product designed to seal out moisture, increase gloss, or otherwise enhance motor vehicle painted surfaces. Automotive wax, polish, sealant or glaze includes, but is not limited to, products designed for use in auto body repair shops and drive-through car washes, as well as products designed for the general public. "AlJtametiYe WalE, llalisR, sealaAt SF glaze" Automotive wax, polish. sealant orglaze does not include automotive rubbing or polishing compounds, automotive wash and wax products, surfactant-containing car wash products, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastiC.
"Automotive windshield washerfluid" means any liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield. "AlJoomstive WiAdsRield

7 DE Admin Code 1141

- Page 6wasl=ler f!l,IiB" Automotive windshield washer fluid does not include fluids placed by the manufacturer in a newvehicle. "Bathroom and tile cleaner" means a product designed to clean tile or surfaces in bathrooms. "Batl=lroElm aRB tile sleaRer" Bathroom and tile cleaner does not include products sllesifisallydesigned to clean toilet bowls" &Ftoilettanks or urinals. "Bug andtar remover" means a product designed to remove eitheror both of the following from painted motor vehicle surfaces without causing damage to the finish: (1) biological-type residues such as insect carcasses and tree sap and, (2) road grime, such as road tar, roadway paint markings, and asphalt. "CARB" means the California Air Resources Board. "Carburetor or fuel-injection air intake cleaners" means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body ofafuel-injection system, or associated linkages. "CaF9l,1retElr Elr filel iAjestieR air iRtake sleaReFS" 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 forthe purpose ofeliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles and/or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. "CaFllat aRB I,Illl=lelstary sleaRar" Carpet and upholstery cleaner includes, but is not limited to, products that make fabric protectant claims. "CaFllat aRB I,Illl=lelstary slaaRar" Carpet and upholstery cleaner does not include general purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing. "Certified use rate" means the usage level for charcoal lighter materials specified under 2.3.4 of this regulation, expressed to the nearest 0.001 pound of charcoal lighter materials used per start. "Charcoal lighter material" means any combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition. "Cl=laFGeal ligl=ltar matal'ial" Charcoal lighter material does not include any ofthe following: electrical starters and probes; metallic cylinders using paper tinder; natural gas; propane; and fatwood. "Colorant" means any pigment or coloring material used in a consumer productfor an aesthetic effect, orto dramatize an ingredient.

7 DE Admin Code 1141

- Page 7"Compliance period" means the period of time, not to exceed one year, for which the ACP limit and ACP emissions are calculated and for which compliance with the ACP limit is determined, as specified in the ACP. "Construction, panel, and floor covering adhesive" means anyonecomponent adhesive that is designed exclusively for the installation, remodeling, maintenance, or repair of: (1) structural and building components that include, but are not limited to, beams, trusses, studs, paneling [drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated hardboard or tileboard, etc.], ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove orwall bases, and flooring orsubflooring; or (2) floor or wall coverings that include, but are not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, non-resilient flooring material, mirror tiles and othertypes oftiles, and artificial grass. "CORstFllCtioR, paRel,**aR~** floor cO\'eriR!I**a~l!esi**...e" Construction. panel, and floor covering adhesive does not includefloor seam sealer. "Consumer" means any person who purchases, or acquires any consumer product for personal, family, household, or institutional use. Persons acquiring a consumer product for resale are not consumers for that product. "Consumer product" means a chemically formulated product used by household and institutional consumers including, but not limited to: antiperspirants; detergents; deodorants; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; diSinfectants; sanitizers; aerosol paints; and automotive specialty products, but does not include otherpaint products, fumiture coatings, or architectural coatings. As used in 2.0 of this regulation. consumer products shall also refer to aerosol adheSives, including aerosol adhesives used for consumer. industrial and commercial uses. "Contact adhesive" means an adhesivethat: (1) is designed for application to both surfaces to 

### be bonded together; (2) is allowed to dry before the two surfaces are placed in contactwith each other; (3) forms an immediate bond that is impOSSible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other; and (4) does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressureto establish full contact between both surfaces. "CoRtact**a~l!e6i**...e" Contact adhesive does not include rubber cements that are primarily intended for use on paper substrates. Contact adhesive also does not include vulcanizing fluids that are designed and labeled fortire repair only.

7 DE Admin Code 1141 Page 8"Contact adhesive general purpose" means any contact

## adhesi~e that is not a contact adhesive special purpose. "Contactadhesive special purpose" means a contact adhesive that: (1) is used to bond melamine-covered board. unprimed metal. unsupported vinyl. Teflon. ultra-high molecular weight polyethylene. rubber. high pressure laminate or wood veneer 1/16 inch thick or less in thickness to any porous or nonporous surface. and is sold in units of product. less packaging. that contains more than eightfluid ounces. or (2) is used in automotive applications that are (a) automotiveunder-the-hood applications reguiring heat. oil or gasoline resistance. or (b) body-side molding. automotive weather-strip ordecorativetrim. "Container/packaging" means the part or parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. "CsRtaiReFil'laskagiRg" Container/packaging includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached. "Contact person" means a representative(s} or representatives that has been designated by the responsible ACP party for the purpose of reporting or maintaining any information specified in the ACP. "Crawling bug insecticide" means any insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including, but not limited to, mites, silverfish or spiders. "CFaWIiAg 

### iJloI!! iRseGtisiEle" 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 ofthis definition only: (1) house dust mite product means a product whose label, packaging or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling arthropods, and (2) house dust mite means mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclassAcari, the orderAstigmata, and the family Pyroglyphidae. "Oate-code" means the day, month and year on which the consumer product was manufactured, filled, or packaged, ora code indicating such adate.

7 DE Admin Code 1141 Page 9"Delaware sales" means the sales (net pounds of product, less packaging and container, per year) in Delpware for a specified calendar year. If direct sales data for the State of Delaware are not available, sales may be estimated by prorating national or regional sales data by population. "Deodorant"**means~** 

### ill For products manufactured on or after January 1. 2005 and before May 

### 1. 2009: any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration. 

# m For products manufactured on or after May 1, 2009: any product including. but not limited to. aerosols, roll-ons. sticks, pumps. pads. creams. and sgueeze bottles. that indicates or depicts on the container or packaging. or on any sticker or label affixed thereto. that the product can be used on or applied to the human axilla to provide a scent and/or minimize odor. A deodorant body spray productthat 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 adeodorant. "Deodorant bodyspray" means: (1) for products manufactured on or after Januarv 1. 2005 and before May 

### 1. 2009: a personal fragrance product with 20 percent or lessfragrance. (2) for products manufactured on or after May 

### 1. 2009: a personal fragrance product with 20 percent or less fragrance. that is designed for application all over the human body to provide a scent. A deodorant body spray product that indicates or depicts on the container or packaging. or on any sticker or label affixed thereto. that it can be used on orapplied 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 ofplant or animal life (otherthan man and otherthan bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separatelythere from. "Disinfectant" means any product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.) and Title 

### 3 DeI.C. Ch. 

### 12. "Oisinfestant" Disinfectant does not include any of the following:

7 DE Admin Code 1141

- Page 10(1) products designed solelyfor use on human oranimals; (2) products designed for agricultural use; (3) products designed solelyfor use in swimming pools, therapeutic tubs, or hottubs; (4) products which, as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes. "Distributor" means any person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors. "Double-phase aerosol air freshener" means an aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container be shaken before use to mixthe phases, producing an emulsion. "Dry cleaning fluid" means any non-aqueous liquid product designed and labeled exclusively for use on: fabrics which are labeled ''for dry clean only", such as clothing or drapery; or S-coded fabrics. ·Of)' sleaRiRg f!llia" 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 atthe customer's residence or work place. ·Of)' sleaRiRg f!llia" Dry cleaning fluid does not include spot remover or carpet and upholstery cleaner. Forthe purposes ofthis definition, S-coded fabric means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee. "Dusting aid" means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating. ·OllsliRg aia" Dusting aid does not include pressurized gas duster J:}FadyGts wJ:tiaJ:t saRsist eRtiFely af 69Mpressed gases far blSB iR ele61F9Ria SF atRsF sraesially areas. "Electrical cleaner" means a product labeled to remove heaVY soils such as grease. grime, or oil from electrical equipment. including, but not limited to, electric motors, armatures, relays, electric panels, or generators. Electric cleaner does not include general purpose cleaner. general purpose degreaser. dusting aid, electronic cleaner. energized electrical cleaner, pressurized gas duster. engine deqreaser. anti-static product or products designed to clean the casings or housings ofelectrical eqUipment. "Electronic cleaner" means a product labeled aesigRea sraesifisally for the removal of dirt, grease eF grime moisture. dust. flux or oxides from the internal components ofelectronic or preCision eleGlrisal equipment such as eleGlris meiers, circuit boards, eleGlrisily raaRels, aRa geReraters and the internal components of electronic deviceS. including. but not limited to, radios, compact disc (CD) players, digital video disc (DVDl players, and computers. Electronic cleaner does not include general purpose cleaner, general purpose degreaser. dusting aid. pressurized gas duster, engine deareaser, electrical cleaner, energized electrical

7 DE Admin Code 1141 Page 11cleaner. anti-static product. or products designed to clean the casings or housings ofelectronic eguipment. "Energized electrical cleaners" means a product that meets both of the following criteria: (1) the product is labeled to clean and/or deqrease electrical equipment. where cleaning and/or degreasing is accomplished when electrical current exists. or when there is residual electrical potential from a component. such as a capacitor. (2) The product label clearly displays the statements: "Energized Eguipment use only. Not to be used for motorized vehicle maintenance. ortheir parts." Energized electrical cleaner does not include electronic cleaner. "Enforceable sales" means the total amount of an ACP product sold for use in the State of Delaware. during the applicable compliance period specified in the ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding product container and packaging). "Enforceable sales record" means a written, point-of-sale record or any other Department-approved system of documentation from which the mass, in pounds (less product container and packaging), ofan ACP product sold to the end user in the State of Delaware during the applicable compliance period can be accurately documented. For the purposes of SeGtiaR 2.0 of this regulation, "eRferooable sales ressrss· Enforceable sales records include, but are not limited to, the following types of records: (1) accurate records of direct retail or other outlet sales to the end user during the applicable compliance period; (2) accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period, provided that adetailed method which can be used to verify any data comprising such summaries is recorded by the responsible ACP party; (3) any other accurate product sales records approved by the Department as meeting the criteria specified iR eRferseable sales resara in SeGtisR 2.2 ofthis regulation. "Engine degreaser" means a cleaning product designed to remove grease, grime, oil and other contaminants from the external surfaces ofengines and other mechanical parts. "Exempt compound" means any carbon-containing compound listed as an exception to the definition of VOC's in RegylatisR Ns. 11Q1 7 DE Admin Code 1101. "Fabric protectant" means a product designed to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into the fabric's fibers. "FaBris j:lratestaRt" Fabric

7 DE Admin Code 1141

- Page 12protectant does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics which are labeled "ftlr dry clean only" and sold in containers of 10fluid ounces or less.
"Fabric refresher" means a product labeled to neutralize or eliminate odors on non-laundered fabric including, but not limited to. soft household surfaces, rugs. carpeting. draperies. bedding. automotive interiors, footwear. athletic equipment. clothing and/or on household furniture or objects upholstered or covered with fabrics such as. but not limited to, wool. cotton or nylon. Fabric refresher does not include anti-static product. carpet and upholsterv cleaner, soft household surface sanitizers. footwear or leather care product. spot remover. or disinfectant. or products labeled for application to both fabric and human skin. For the purposes ofthis definition only, soft household surface sanitizer means a product labeled to neutralize oreliminate odors on surfaces listed above whose label is registered as a sanitizer under the Federal Insecticide. Fungicide and Rodenticide Act (FIFRA, 7 USC 136 et Seq,).
"Facial cleaner or soap" means a cleaner or soap designed primarily to clean the face.**"~aGial** GleaReF eF seal'l" Facial cleaner or soap includes, but is not limited to, facial cleansing creams, gelssemisolids, liquids, lotions, and substrateimpregnated forms. "FaGial GleaReF SF ssal'l" Facial cleaner or soap does not include preSCription drug products, antimicrobial hand or body cleaner or soap, astringentltoner, general-use hand or body cleaner or soap, medicated astringent/medicated toner, orrubbing alcohol.
"Fatwood" means pieces ofwood kindling with high naturally-occurring levels of sap or resin which enhance ignition ofthe kindling. "Fat weeEl" Fat wood does not include any kindling with substances added to enhance flammability, such as wax-covered orwax-impregnated wood-based products.
"Flea and tick insecticide" means any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs.**"~Iea** aREI tiGk iRseGtiGiEle" 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 opague coating that is labeled and designed for application to flooring, including. but not limited to, decks. porches. steps and otherhorizontal surfaceswhich may be subjectto foottraffic.
"Floor pOlish orwax" 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.**"~leeF** l'lelisR eF wall!' Floor polish orwax does not include spray buff products, products designed solely for the purpose of cleaning floors, floorfinish strippers, products designed for unfinished wood floors, and coatings subjectto architectural coatings regulations.

7 DE Admin Code 1141

- Page 13"Floor seam sealer" means any product designed and labeled exclusively for bonding, fusing, or sealing (coatin9ll seams between adjoining rolls of installed flexible sheet flooring. "Floor wax stripper" means' a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax. "Fleer '

....ax**stri~~er"** Floor wax stripper does not include aerosol floor wax strippers or products designed to remove floorwax solelythrough abrasion. "Flying bug Insecticide" means any insecticide product that is designed for use against flying insects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats. 'FlyiA!j bll!j iAsestisiae" Flying bug insecticide does not include wasp and hornet insecticide, products that are designed to be used exclusively on humans or animals, or any moth-proofing product. For the purposes of this definition only, moth-proofing product means a product whose label, packaging, oraccompanying literature indicates thatthe product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use againstflying insects orotherflying arthropods. "Footwear or leather care product" means any product designed or labeled to be applied to footwear or to other leather articles/components. to maintain. enhance. clean. protect. or modify the appearance. durability. fit. or flexibilitv of the footwear or leather article/component. Footwear includes both leather and non-leatherfoot apparel. Footwearor leather care product does not include fabric protectant. general purpose adhesive, contact adhesive, vinyllfabriclleather/polycarbonate coating. rubber and vinyl protectant. fabric refresher. products solely for deodorizing. or sealant products with adhesive properties used to create external protective layers greaterthan 2 millimeters thick. "Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of2 mm. ofHg at 20 degrees C, the sole purpose ofwhich is to impart an odor orscent, orto counteract a malodor. "Furniture maintenance product" means a wax, polish, conditioner, or any other product designed for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors. "FllmitllFe maiAteAaAse**~FeallGt"** Furniture maintenance product does not include dusting aids, wood cleaners and products designed solely for the purpose of cleaning, and products designed to leave a permanentfinish such as stains, sanding sealers and lacquers.
"Furniture coating" means any paint designed for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas. "Gel" means a colloid in which the disperse phase has combined with the continuous phase to produce asemisolid material, such asjelly.

7 DE Admin Code 1141

- Page 14"General purpose adhesive" means any non-aerosol adhesive designed for use on a variety of substrates.**·GeRe~al** p!oll'pese aeResive" General purpose adhesive does not include: (1) contact adhesives; (2) construction, panel, and floor covering adhesives; (3) adhesives designed exclusively for application on one specific category of substrates (i.e., substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers, orvinyls); or (4) adhesives designed exclusively for use on one specific category of articles (i.e., articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, weatherstripping, or carpets). "General purpose cleaner" means a product designed for general allpurpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations.**·GeRe~1** p!olfll9Se sleaRer" General purpose cleaner includes products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces and does not include general purpose degreasers and electronic cleaners. "General purpose degreaser" means any product eesigRee labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts.**·GeRe~IIl!olfll9Se eeg~aser"**  General purpose degreaserdoes 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 productsthat are: (1) sold exclusively to establishments which manufacture or construct goods or commodities; and (2) labeled "notfor retail sale". Solvent cleaning tanks or related equipment includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by immersion in a container. "General-use hand or body cleaner or soap" means a cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils.**·GeRe~al** !olse RaRe**e~** beey**sleaRe~ e~**  seall" General-use hand or body cleaner or soap includes, but is not limited to, hand or body washes, dualpurpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps.**'GeRe~1** !olse RaRe**e~** beey**sleaRe~ e~**  seap" General-use hand or body cleaner or soap does not include prescription drug products, anti-microbial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent (including anti-microbial), heavy-duty hand cleanerorsoap, medicated astringenVmedicated toner, or rubbing alcohol.

7 DE Admin Code 1141 Page 15"Glass cleaner" means a cleaning product designed primarily for cleaning surfaces made of glass. "Glass sleaner" Glass cleaner does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines. "Gross Delaware sales" means the estimated total State of Delaware sales ofan ACP product during a specific compliance period (expressed to the nearest pound), based on eitherofthe following methods, whichever the responsible ACP party determineswill provide an accurate State of Delaware sales estimate: (1) apportionment of national or regional sales ofthe ACP product to State of Delaware sales, determined by multiplying the average national or regional sales ofthe product by the fraction ofthe national or regional population, respectively, that is represented by the State of Delaware's current population; or (2) any other documented method which provides an accurate estimate of the total current State of Delaware sales ofthe ACP product. "Graffiti remover" means a product labeled to remove spray paint. ink. marker. crayon. lipstick. nail pOlish or shoe polish. from a variety of non-cioth or non-fabric substrates. Graffiti remover does not include paint remover and stripper. nail polish remover. or spot remover. Products labeled for dual use as both a paint stripper and a graffiti remover are considered graffiti removers. "Hair mousse" means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power. "Hair shine" means any product deSigned for the primary purpose ofcreating a shinewhen applied to the hair. '!=lair SAine" Hair shine includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hair. "!=lair SAine" Hair shine does not include hair spray, hair mousse, hair styling product. hair styling gel srsJlray !lei, or products whose primary purpose is to condition or hold the hair.
"Hair styling gel" means a consumer product manufactured before May 1. 2009 that is a high viscosity, often gelatinous, product that contains a resin and is designed for application to hairto aid in styling and sculpting ofthe haircoiffure.
"Hairspray" means; (1) for products before May 1. 2009: a consumer product designed primarily forthe purpose ofdispensing droplets ofa resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish orretain the stylefor a period oftime. and (2) for products manufactured on orafter May 1. 2009: a consumer product that is applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, retain and/or finish the style of the hair for a period of time. Hair spray includes aerosol hair sprays. pump hair sprays. spray waxes; color. glitter or sparkle hairsprays that make finishing claims: and products that are both a styling and finishing

7 DE Admin Code 1141

- Page 16product. 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. purooses of this definition. finish or finishing means the maintaining and/or holding of previously styled hair for a period oftime and styling means the forming. sculpting. or manipulating the hair to temporarily alterthe hair's shape.
"Hair styling product" means a consumer product manufactured on or after JMay 1. 2009. that is designed or labeled for the application to wet. damp or dry hair to aid in defining. shaping. lifting. styling. and/or sculpting of the hair. Hair styling product includes. but is not limited to. hair balm. clay. cream. creme. curl straightener. gel. liguid. lotion. paste. pomade. puttv. root lifter. serum. spray gel. stick. temporary hair straightener wax. spray products that aid in styling but do not provide finishing of a hair style. and leave-in volumizers. detanglers and/or conditioners that make styling claims. Hair styling product does not include hair mousse. hair shine. hair spray. or shampoos or conditioners that are rinsed from the hair prior to styling. For the purposes of this definition. finish or finishing means the maintaining and/or holding of previously styled hairfor a period oftime and styling means forming. sculpting. or manipulating the hairto 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, oradhesives from the hand with or without the use of water. "J.jeavy Silly liaRS aleaRer ar saa!l" Heavv-duty hand cleaner or soap does not include prescription drug products, anti-microbial hand orbody cleanerorsoap, astringent/toner, facial cleaner orsoap, general-use hand or body cleaner or soap, medicated astringent/medicated toner or rubbing alcohol.
"Herbicide" means a pesticide product designed to kill or retard a plant's growth, but excludes products that are; for agricultural use, or restricted materials that require a permitfor use and possession. "High volatility organic compound (HVOC)" means any volatile organic compound that exerts a vapor pressure greaterthan 80 mm Hg when measured at20°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 orotherarthropods, but excluding products that are: (1) for agricultural use; (2) for a use which requires a structural pest control license under Title 3 Del.C. Ch. 12; or (3) restricted materials that require a permit for use and possession.

7 DE Admin Code 1141

- Page 17"Insecticide fogger" means any insecticide product designed to release all or most of its content, as afog or mist, into ineoor areas during a single application. "Institutional product" or "Industrial and institutional (f & I) product" means a consumer product that is designed for use in the maintenance or operation ofan establishmentthat: (1) manufactures, transports, or sells goods or commodities, or provides servicesfor profit; or (2) is engaged in the nonprofit promotion ofa particular public, educational, or charitable cause. Establishments include, but are not limited to; government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies. "IRstitYtieRal**!lF9a~st'** Institutional product does not include household products and products that are incorporated into or used exclusively in the manufacture or construction ofthe goods or commodities atthe site ofthe establishment. "Label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of branding, identifying, or giving information with respect to the product or to the contents of the package. "Laundry prewash" means a product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness oflaundry detergents and/or provides specialized performance. "Laundry starch product" means a productthat is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease ironing of the fabric.**"ba~Rary** staFGA**!lFea~st'** Laundry starch product includes, but is not limited to, fabric finish, sizing, and starch. "Lawn and garden insecticide" means an insecticide product aesigRea labeled primarily to be used in household lawn and garden areas to protect plants from insects orother arthropods. Notwithstanding the requirements of2.5.2 ofthis regulation, lawn and garden insecticides (aerosol) may claim to kill insects and other arthropods. "Liquid" means a substance or mixture of substances which is capable of a visually detectable flow as determined under ASTM D-4359-90 (2006), incorporated by reference in 2.8.3 of this regulation.**"biEJ~ia"** Liquid does not include powders or other materials that are composed entirely ofsolid particles.
"Lubricant" means a product designed to reduce friction, heat, noise, orwear between moving parts, or to loosen rusted or immovable parts or mechanisms. "bIJIlFiGaRf Lubricant does not include:

7 DE Admin Code 1141

- Page 18(1) automotive power steering fluids; (2) products for use inside power generating motors, engines, and turbines, and theirassociated power-transfergearboxes; (3) two cycle oils orother products designed to be added to fuels; (4) products for use on the human body or animals; or products that are (a) sold exclusively to establishments which manufacture or construct goods or commodities, and (b) labeled "not for retail sale".
"LVP content" means the total weight, in pounds, of LVP-VOC compounds in an ACP product multiplied by 100 and divided by the product's total net weight, in pounds, excluding container and packaging, expressed to the nearest 0.1 percent. "LVP-VOC" means a low vapor pressure chemical compound or mixture that contains at least one carbon atom and meets one ofthe following: (1) has a vapor pressure less than 0.1 mm Hg at 20°C, as determined by CARB Method 310, incorporated by reference in 2.8.1 of this regulation; or (2) is a chemical "compound" with more than 12 carbon atoms, or a chemical "mixture" comprised solely of "compounds" with more than 12 carbon atoms as verified by formulation data, and the vapor pressure and boiling pOint isare unknown; or (3) is a chemical "compound" with a boiling point greater than 216°C, as determined by CARB Method 310, incorporated by reference in 2.8.1 ofthis regulation; or (4) is the weight percent ofa chemical "mixture" that boils above 216°C, as determined by CARB Method 310, incorporated by reference in 2.8.1 ofthis regulation.
Forthe purposes ofthe definition of LVP-VOC, chemical compound means a molecule of definite chemical formula and isomeric structure, and chemical mixture means a substrate comprised oftwo or more chemical compounds. "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product.
"Medicated astringent/medicated toner" means any product regulated as a drug by the FDA which is applied to the skin for the purpose of cleaning or tightening pores. "Meaisa!ea astriAgeAtlmeaisatea !sAer" Medicated astringent/medicated toner includes, but is not limited to, clarifiers and substrateimpregnated products. "Meaisa!ea astFiAgeAtlmeaisatea !sAer" Medicated astringent/medicated toner does not include hand, face, or body cleaner or soap products, astringent/toner, cold cream, lotion, antiperspirants, or products that must

### be purchased with a doctor's prescription.
"Medium volatility organic compound (MVOC)" means any volatile organic compound that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at20°C.

7 DE Admin Code 1141

- Page 19"Metal polish/cleanser" means any product designed primarilyto improvethe 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 pelish/sleaRser" Metal polish/cleanser includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals. "Metal pelish/sleaRser' Metal polish/cleanser does not include: automotive wax, polish, sealant orglaze; wheel cleaner; paint remover orstripper; products designed and labeled exclusively for automotive and marine detailing; or, products designed for use in degreasing tanks. "Missing data days" means the number of days in a compliance period for which the responsible ACP party has failed to record the required enforceable sales or

## vac content data, as specified in theACP.
"Mist spray adhesive" means any aerosol which is not a special purpose spray adhesive and which delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application ofadhesive to the substrate. "Multi-purpose drylubricant" means any lubricantwhich is: (1) designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide ("moly"), or polytetrafluoroethylene or closely related fluoropolymer ("Teflon") on surfaces; and (2) designed for general purpose lubrication, or for use in a wide variety of applications. "Multi-purpose lubricant" means any lubricant designed for general purpose lubrication, or for use in a wide variety of applications. "M!'!lti p!'!rpese b!'!srisaRt" Multi-purpose lubricant does not include: multi-purpose dry lubricants; penetrants; or, silicone-based multi-purpose lubricants. "Multi-purpose solvent" means any organic liquid designed to be used for a variety ofpurposes, including cleaning or degreasing ofa variety of substrates, or thinning, dispersing or dissolving other organic materials. "M!'!lti p!,!rpese Sel'IeRt" Multi-purpose solvent includes solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories. "M!'!lti p!,!rpeS8 seiveRt" Multi-purpose solvent does not include solvents used in cold cleaners, vapordegreasers, conveyorized degreasers orfilm cleaning machines, or solvents that are incorporated into, or used exclusively in the manufacture or construction of, the goods or commodities at the site of the establishment. "Nail polish" means any clear or colored coating designed for application to the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, base coats and top coats.

7 DE Admin Code 1141

- Page 20"Nail polish remover" means a product designed to remove nail polish and coatings from fingernails ortoenails. \. "Non-aerosol product" means any consumer product that is not dispensed by a pressuri;;!:ed spray system. "Non-carbon containing compound" means any compound which does not contain carbon atoms. "Non-resilient flooring" means flooring of a mineral content which is not flexible. "NeR FesilieRt FleeFiR§" Non-resilient flooring includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete. "Non-selective terrestrial herbicide" means a terrestrial herbicide product that is toxicto plantswithout regard to speCies. "One-product business" means a responsible ACP party which sells, supplies, offers for sale, or manufactures for use in the State of Delaware: (1) only one distinct ACP product, sold under one product brand name, which is subject to the requirements of2.3 ofthis regulation; or (2) only one distinct ACP product line subject to the requirements of2.3 of this regulation, in which all the ACP products belong to the same product categoryfies} or categories and the VOC contents in the products are within 98.0% and 102.0% of the arithmetic mean of the VOC contents overthe entire product line. "OTe state" means any of the following, considered to be in the Ozone Transport Region as defined in the CAA and members of the Ozone Transport Commission (OTC): Connecticut, Delaware, District of Columbia, Maryland, Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Virginia and Vermont. "Oven cleaner" means any cleaning product designed to clean and to remove dried food depositsfrom oven interiors.
"Paint" means any pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.
"Paint remover or stripper" means any product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate. ·PaiR! remsver SF s!Fipper" Paint remover or stripperdoes not include: (1) multi-purpose solvents; (2) paint brush cleaners;

7 DE Admin Code 1141- Page21(3) products designed and labeled exclusively Ie FeFFlelJe as graffiti removers; and t (4) hand cleaner products that claim to remove paints and other related coating from skin.
"Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes. 'PeRelraRt" Penetrant does not include multi-purpose lubricants that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts. "Personal fragrance product" means any product which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor. including cologne. perfume. aftershave and toilet water. Personal fragrance product does not include: deodorant: medicated products designed primarily to alleviate fungal or bacterial growth on feet orother areas ofthe body: mouthwashes. breath fresheners and deodorizers: lotions. moisturizers. powders or other skin care products used primarily to alleviate skin conditions such as dryness and irritations: products designed exclusively for use on human genitalia: soaps. shampoos and products primarily used to clean the human body: and. fragrance products designed to be used exclusively on non-human animals.
"Pesticide" means any substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture ofsubstances labeled, designed, or intended for use as a defoliant, desiccant, or plant regulator, provided that the term "t:lesliGiae" pesticide will not include any substance, mixture of substances, or device which the United States Environmental Protection Agency does not consider a pesticide. (EPA Office of Pesticide Programs or see http://www.epa.gov/opppmsd1/PPISdatalindex.html.) "Pre-ACP VOC content" means the lowest VOG content of an AGP product between January 1,1990 and the date on which the AGP was established by the manufacturer, based on available Delaware sales records, or other accurate records, whicheveryields the lowest VOG contentfor the product. Ifavalid AGP is in force in another state, product data from that state may be used if it yields the lowestVOG contentforthe product.
"Pressurized gas duster" means a pressured product labeled to remove dust from a surface solely by means ofmass airorgasflow, including surfaces such as photographs. photographic film negatives, computer keyboards and othertvoes of surfaces that cannot be cleaned with solvents. Pressurized gas duster does not mean dusting aid. "Principal display panel or panels" means that part, orthose parts ofa label that are so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the 'PriRGil3al aist:llay l3aRel" principal display panel shall pertain to all such 'PFiRGit:lal aist:llay l3aRels" principal display panels.

7 DE Admin Code 1141

- Page 22"Product brand name" means the name ofthe product exactly as it appears \. on the principal display panel ofthe product.
"Product category" means the applicable category which best describes the product as listed in 2.2 and in Table 2-1 ofthis 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 iASllldiA!j as follows: A=aerosols, gels; S=solids, L= liquids, P= aA9 pump sprays, SS=semisolid, and O=other.
"Product line" means a group of products of identical form and function belonging to the same product categoryfiestorcategories. "Propellant" means a liquefied or compressed gas that is used in whole or in part, such as a co-solvent. to expel a liquid or any other material from the same self-pressurized container orfrom a separate container. "Pump spray" means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled onlywhile a pumping action is applied to a button, trigger orotheractuator.
"Reconcile or reconciliation" means to provide sufficient VOC emission reductions to completely offset any shortfalls generated underthe ACP during an applicable compliance period.
"Reconciliation of shortfalls plan" means the plan to be implemented by the responsible ACP party when shortfalls have occurred, pursuant to 2.10.3.7.10 of this regulation. "Responsible party" means the company, firm or establishment which is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party which the product was "manufactured for" or "distributed by", as noted on the label. "Responsible ACP party" means the company, firm or establishment which is listed on theACP product's label. Ifthe label lists two or more companies, firms, or establishments, the "Resll9Asillle ACP party" responsible ACP party is the party which the ACP product was "manufactured for" or "distributed by", as noted on the label.
"Restricted materials" means pesticides established as restricted materials under Title 3 DeI.C. Ch. 12 or under the Federal Insecticide, Fungicide and Rodenticide Act (7 U. S. C. Section 136et seq.)
"Retailer" means any person who sells, supplies, oroffers consumer products for sale directlyto consumers. "Retail outlet" means any establishment atwhich consumer products are sold, supplied, oroffered forsale directlyto consumers.

7 DE Admin Code 1141

- Page 23"Roll-on product" means any antiperspirant or deodorant that dispenses active ingredients by rolling awetted ball orwetted cylinder on the affected area. "Rubber and vinyl protectant" means any product designed to protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, fumiture, and household products such as vinyl covers, clothing, and accessories. "Rllllller aRB viRyl IlretestaRt' Rubber and vinyl protectant does not include products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing or protective substance on thetire. "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. "SCAQMO" means the South CoastAir Quality Management District, a part of the Califomia Air Resources Board which is responsible for regulation ofairquality in the State ofCalifomia.
"Sealant and caulking compound" means any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps orjoints between two surfaces. "SealaRt aRB GallikiRI} GGFAIlGIoIRB" Sealant and caulking compound does not include: (1) roofcements and roof sealants; (2) insulating foams; (3) removable caulking compounds; (4) clear/paintableiwater resistant caulking compounds; (5) floorseam sealers; (6) products designed exclusivelyfor automotive uses; or (7) sealersthat are applied as continuous coatings.
For the purposes of this definition only, removable caulking compound means a compound which temporarily seals windows or doors for three to six month time intervals, and clear/paintableiwater resistant caulking compounds means a compound which contains no appreciable level of opaque fillers or pigments; transmits most or all visible light through the caulk when cured; is paintable; and is immediately resistantto precipitation upon application.
"Semisolid" means a product that, at room temperature, will not pour, butwill spread ordeform 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.

7 DE Admin Code 1141

- Page 24"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 offacial or other bodily hair. Shaving gel does not include shaving cream. "Shortfall" means the ACP emissions minus the ACP limit when the ACP emissions were greater than the ACP limit during a specified compliance period, expressed to the nearest pound of VQC. "ShoRtall" Shortfall does not include emissions occurring priorto the datethe 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. "SilieoRe baseE! multi j:luFJ3ose lubAs.mt" Silicone-based multipurpose lubricant does not include products designed and labeled exclusively to release manufactured productsfrom molds. "Single-phase aerosol air freshener" means an aerosol air freshener with the liquid contents in a single homogeneous phase and which does not require thatthe product container be shaken before use. "Small business" means an independently owned and operated business with less than 100 employees as defined by the Administrator ofthe federal Small Business Administration pursuantto U. S. Public Law 85-536. "Solid" means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable ofvisually detectable flow as determined underASTM 0-4359-90, incorporated by reference in 2.8.3 ofthis regulation. "Special purpose spray adhesive" means an aerosol adhesive that meets any ofthe following definitions: (1) "Mounting adhesive" means an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) without causing discoloration tothe artwork. (2) "Automotive engine compartment adhesive" means an aerosol adhesive designed for use in motor vehicle under-the-hood applicationswhich require oil and plasticizer resistance, as well as high shearstrength, attemperatures of200 to 275 degrees F. (3) "Flexible vinyl adhesive" means an aerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least five percent, by weight, of plasticizer content. A plasticizer is a material, such as a high boiling pOint organic solvent, that is incorporated into a plastic to increase its fleXibility, workability, or distenSibility, and may be determined using ASTM Method E:l6Q 96 D1045-95, incorporated by reference in 2.8.5 ofthis regulation, orfrom productformulation data.

7 DE Admin Code 1141

- Page 25(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 motorvehicle headliners. (6) "Polyolefin adhesive" means an aerosol adhesive designed to bond polyolefins to substrates. (7) "Laminate repair/edgebanding adhesive" means an aerosol adhesive designed for: (a) touch-up or repair of items laminated with high pressure laminates (e.g., lifted edges, delaminates, etc.);or, (b) for touch-up, repair, or attachment of edgebanding materials, including but not limited to, other laminates, synthetic marble, veneers, wood molding, and decorative metals.
For the purposes of this definition 'high flFe66YF8 laminate" high pressure laminate means sheet materials which consist of paper, fabric, or other core material that have been laminated attemperatures exceeding 

### 265 degrees F, and at pressures between 1,000 and 1,400 psi. "Spot remover" means any product Elesi!jneEl labeled to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal. "ililet Femever" Spot remover does not include dry cleaning fluid, laundry pre-wash, GaFJlet aAll YflhelsteF)' sleaneF, or multi-purpose solvent. "Spray buff product" means a product designed to restore aworn floorfinish in conjunction with afloor buffing machine and special pad. "Stick product" means any antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the affected area. "Structural waterproof adhesive" means an adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conformswith Federal Specification MMM-A-181 D (Type 1, GradeA), ane! Mil l\ 

### 4605 (TyfleA, GraEleA aRe! GraEle G). "Surplus reduction" means theACP limit minus theACP emissionswhen the ACP limitwas greater than the ACP emissions during a given compliance period, expressed to the nearest pound of

## vac. "ilYFJlIYS Fee!ystien" Surplus reduction does not include emissions occurring priorto the datethe ACP was established by the manufacturer. "Surplus trading" means the buying, selling, or transfer ofsurplus reductions between responsible ACP parties.
"Terrestrial" meansto live on orgrowfrom land.

7 DE Admin Code 1141

- Page 26"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/orto 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. ToileUurinal care product does not include bathroom and tile cleaner orgeneral purpose cleaner.
"Total maximum historical emissions (TMHE)" means the total VOC emissions from all ACP products forwhich the responsible ACP party has failed to record the required VOC content or enforceable sales records. The TMHE shall be calculated for each ACP product during each portion ofa 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:
THME = (MHE), +(MHE)2 +

...(MHE)N
where.
MHE (Highest VOC Contentx Highest Sales)x(Missing Data Days 

### 100x365
where. Highest VOC Content = the maximum VOC content which the ACP product has contained in the previous 5 years. ifthe responsible ACP party has failed to meetthe requirements for recording VOC content data (for any portion of the compliance period). as specified in the ACP. or the current actual VOC content. ifthe responsible ACP party has recorded all required VOC conlent data (for the entire compliance period). as specified in the ACP; Highest Sales = the maximum one-year gross State of Delaware sales ofthe ACP product in the previous 5 years. ifthe responsible ACP party has failed to meet the requirements for recording enforceable sales records (for any portion of the compliance period). as specified in the ACP. or the current actual one-year enforceable sales for the product. if the responsible ACP party has recorded all required enforceable sales records (forthe entire compliance period). as specified intheACP; Missing Data Days = see "Missing data days" in SestieR 

### 2.2 ofthis 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 orVOC content data as specified in the ACP. "Type A propellant" means a compressed gas such as C02. N2 • N20. or compressed airwhich is used as a propellant. and is either incorporated with the productorcontained in a separate chamberwithin the product's packaging.

7 DE Admin Code 1141

- Page 27"Type B propellant" means any halocarbon which is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs). "Type C propellant" means any propellant which is not a Type A or Type B propellant, including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide). "Undercoating" means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to prevent the formation of rust or to deaden sound. "UAllerGsatiAg" Undercoating includes, but is not limited to, rubberized, mastic, or asphaltic products. "Usage directions" means the text or graphics on the product's principal display panel, label, or accompanying literature which describes to the end user how and in what quantity the product is to be used.
"VOC content" means, exceptfor charcoal lighter products, the total weight of 

## vac in a product expressed as a percentage ofthe product weight (exclusive of the container or packaging), as determined pursuant to 2.8.1 and 2.8.2 of this regulation.
Forcharcoal lighter products only.


## vac Content = (Certified Emissionsx100) Certified Use Rate where, Certified Emissions = emissions level for products specified in 2.3.4 ofthis regulation: Certified Use Rate = usage level for products specified in 2.3.4 ofthis regulation. "Wasp and hornet insecticide" means any insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by allowing the userto spray from a distance a directed stream or burst atthe intended insects, or their hiding place. "Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates. "VVaterpraafer" Wateroroofer does not includefabric protectants. "Wax" means a material or synthetic thermoplastic substance generally composed of high molecularweight hydrocarbons or high molecularweight esters offatty acids or alcohols, except glycerol and high polymers (plastics).**~** Wax includes, but is not limited to, substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.

7 DE Admin Code 1141

- Page 28"Web spray adhesive" means any aerosol adhesive which is not a mist spray orspecial purpose spray adhesive.
''Wood cleaner" means a product labeled to clean wooden materials including. but not limited to. decking. fences. flooring. logs. cabinetry. and fumiture. Wood cleaner does not include dusting aid. general purpose cleaner. fumiture maintenance product. floorwax stripper. floor polish orwax. or products designed and labeled exclusivelyto preserve orcolorwood. "Wood floorwax" means wax-based products for use solely on wood floors. "Working day" means any day between Monday through Friday, inclusive, exceptfor days that arefederal holidays.
2.3 Standards and Exemptions
2.3.1 Except as provided in 2.1 (Applicability), 2.4 (Innovative Products), 2.7 (Variances), and 2.10 (Altemative Control Plan) ofthis 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 JaRllary 1, 2005 the effective date shown in Table 2-1 ofthis regulation which contains vec's in excess of the limits shown in Table 2-1 of this regulation and
2.3.1.2 no person shall manufacture any consumer product on and after JaRllaFy 1, 2005 the effective date shown in Table 2-1 ofthis regulation for !}se in the State of Delaware which contains volatile organic compounds in excess ofthe limits shown in Table 2-1 ofthis regulation.
2.3.2 For products that are diluted priorto use, the following shall apply:
2.3.2.1 The limits specified in Table 2-1 ofthis regulation shall apply to consumer products for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VeC solvent prior to use, only after the minimum recommended dilution has taken place. Minimum recommended dilution, for the purposes of 2.3.2.1 of this regulation, shall not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils orstains.
2.3.2.2 The limits specified in Table 2-1 ofthis regulation shall apply to consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any vec solvent prior to use only after the maximum recommended dilution hastaken place.

7 DE Admin Code 1141 Page 29

### 2.3.3 The effective date of the vec standards specified in Table 

### 2-1 of this regulation, for those consumer products that**a~e** registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. Section 

### 136 et seq.), is Jammry 

### 1, 2QQe one year after the indicated date. Such products also must be registered underTitle 

### 3 Oel.C. Ch. 

### 12.
2.3.4 The following requirements shall apply to all charcoal lighter material products as defined iA "Gl1aFGoal liQl1ler A'lalerial" in SestieA 

### 2.2 of this regulation:


### 2.3.4.1 Regulatory standards. No person shall sell, supply, or offer for sale on and after January 

### 1, 2005 any charcoal lighter material product unless at the time of the transaction:


### 2.3.4.1.1 The manufacturer or distributor of the charcoal lighter material has performed the requisite testing to demonstrate that vec emissions from ignition ofcharcoal with the charcoal lighter material are less than or equal to 

### 0.020 pound of vec per start ("sertifieEl eA'lissioAS" certified emissions), using the procedures specified in the South Coast Air Quality Management District Rule 

### 1174 Ignition Method Compliance Certification Protocol, dated February 

### 27, 1991 (the "SCAQMD Rule 

### 1174 Testing Protocol"), incorporated by reference in 

### 2.8.4.1 of this regulation. The provisions relating to LVp-VeC iA bVP'IOG in SeGtioA 

### 2.2 ofthis regulation and**2.3.1~** ofthis regulation shall not apply to any charcoal lighter material subject to the requirements of 

### 2.3.1 and 

### 2.3.4 ofthis regulation. The Department may approve altemative test procedures which are shown to provide equivalent results to those obtained using the SCAQMD Rule 

### 1174Testing Protocol 

### 2.8.4 ofthis regulation.


### 2.3.4.1.2 The charcoal lighter material meets the formulation criteria and other conditions specified in an applicableACP.


### 2.3.4.2 The Department may, atanytime, request a manufacturerto submit information concerning the charcoal lighter material manufactured for use in the State of Delaware. The manufacturer shall respond within 30 days, in writing, and shall include, at a minimum, thefollowing:


### 2.3.4.2.1 The results of testing conducted pursuant to the procedures specified in SCAQMD Rule 

### 1174 Testing Protocol 

### 2.8.4 ofthis regulation.


### 2.3.4.2.2 The exact text and/or graphics that appear on the charcoal lighter material's principal display panel, label, and any accompanying literature. The provided material shall clearly show the usage directions for the product. These

7 DEAdmin Code 1141

- Page 30directions shall accurately reflect the quantity of charcoal \. lighter material per pound of charcoal that was used in the SCAQMD Rule 1174 Testing Protocol 2.8.4 of this regulation forthat product, unless:
2.3.4.2.2.1 the charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes, or 2.3.4.2.2.2 the charcoal lighter material is already incorporated into the charcoal, such as certain "bag light," "instant lighf' or "match light" products.
2.3.4.2.3 For a charcoal lighter material which meets the criteria specified in 2.3.4.2.2.1 of this regulation, the usage instructions shall accurately reflect the quantity of charcoal lighter material used in the SCAQMD Rule 1174 Testing Protocol 2.8.4 ofthis regulation for that product.
2.3.4.2.4 Any physical property data, formulation data, or other information required by the Department for use in determining when a product modification has occurred and for use in determining compliance with the conditions specified an ACP.
2.3.4.2.5 Possession of a currently effective certification by the CARB under the Consumer Products provisions ofTItle 17 of the Califomia Code of Regulations, Division 3, Chapter 1, Subchapter 8.5, Article 2, Section 94509(h), or from a state with a similar certification procedure, should be noted and a copy ofthe applicable certification decision (i.e., the Executive Order) should be included. 2.3.5 The following requirements for aerosol adhesives shall apply:
2.3.5.1 In order to qualify as a special purpose spray adhesive the product must meet one or more ofthe definitions specified iR "Silesial IlIlFJlese SIlFaY aElt-lesiye" in SestieR 2.2 of this regulation, but ifthe product label indicates that the product is suitable for use on any substrate or application not listed in "Sileeial IlIlFJlese Sj9FaY aElt-lesiYe" speCial purpose spray adhesive, then the product shall 

### be classified as either aweb spray adhesive ora mist spray adhesive.
2.3.5.2 If a product meets more than one of the definitions specified iR "Sileeial IlIlFJlese SIlFaY aElAesi'le in SestieR 2.2 of this regulation forspecial purpose spray adhesive, and is not classified as a web spray adhesive or mist spray adhesive, the VOC limit for the productshall 

### bethe lowest applicable VOC limitspecified in Table 2-1 ofthis regulation.

7 DE Admin Code 1141

- Page 312.3 5 3 Effective January 1. 2009. no person shall. sell supply. offer for sale. ormanufacture for use in the State ofDelaware any aerosol adhesive which contains methylene chloride. perchlorpethylene. or trichloroethylene.
2.3.6 No person shall sell, supply, offer for sale, or manufacture for use in the State of Delaware any floor wax stripper unless the following requirements are met:
2.3.6.1 The label of each non-aerosol floor wax stripper must specify a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of 3 percent by weight or less.
2.3.6.2 If a non-aerosol floor wax stripper is also intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper must specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12 percent byweight or less. 2.3.6.3 The terms "light build-up", "medium build-up" or "heavy build-up" are not specifically required, as long as comparable terminology is used.
2.3.7 For any consumer product specified in Table 2-1 ofthis regulation. no person shall sell, supply, offer for sale or manufacture for sale in the State of Delaware any such consumer product which contains any of the following ozone layer depleting compounds: CFC-11:CFC-12: CFC-113: CFC-114: CFC-115: halon 1211: halon 1301: halon 2402: HCFC -22: HCFC-123: HCFC-124: HCFC-141b: HCFC-142b: carbon tetrachloride and. 1. 1.1-trichloroethane.
2.3.7.1 The requirements of 2.3.7 shall not apply to any existing product formulation that complies with the VOC content limits specified in Table 2-1 of this regulation or any existing product formulation that is reformulated to meet the VOC content limits of Table 2-1 of this regulation. provided the ozone depletinq compound content ofthe 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 ofthe product.
2.3.8 Effective May 1. 2009 no person shall sell. supply. or offerfor sale in the State of Delaware contact adhesives. electronic cleaners. footwear or leather care products. general puroose degreasers. adhesive removers. electrical cleaners. or graffiti removers manufactured on and after May 1. 2009 that contain methylene chloride. perchloroethylene. or trichloroethylene in excess of0.01 % byweight.

7DE Admin Code 1141

- Page 322.3.9 Effective May 1. 2009. no person shall sell. supply. or offer for sale in the State of Delaware any solid air fresheners or toileUurinal care products manufactured on and after May 1. 2009 that contain para-di chlorobenzene. 2.3.10 Effective May 1. 2009. no person shall sell supply. or offer for sale in the State of Delaware any antiperspirant or deodorant which contains any of the following compounds: benzene: ethylene dibromide: ethylene dichloride: hexavalent chromium: asbestos: cadmium: carbon tetrachloride: trichloroethylene: chloroform: vinyl chloride: inorganic arsenic: nickel: perchloroethylene: formaldehyde: 1.J-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 deodorarTts, shall not apply to ethanol.**~2.3.12** The VOC limits specified in 2.3.1 ofthis regulation shall not apply to fragrances up to a combined level of 2 percent by weight contained in any consumer product and shall not apply to colorants up to a combined level of 2 percent by weight contained in any antiperspirant or deodorant.**~2.3.13** The requirements of2.3.1 ofthis regulation for antiperspirants or deodorants shall not apply to those volatile organic compounds that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of2 mm Hg or less at 20°C.**~2.3.14** The VOC limits specified in 2.3.1 ofthis regulation shall not applyto any LVP-VOC.**~2.3.15** The VOC limits specified in 2.3.1 of this regulation shall not apply to air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under Re!ll,llatieR Ne. 1101 7 DE Admin Code 1101 orexempted under**2.3.10~** ofthis regulation.**~2.3.16** The VOC limits specified in 2.3.1 of this regulation shall not apply**to~** air fresReRers aRE! 

## ill insecticides containing at least 98% paradichlorobenzene (2) until May 1. 2009. solid air fresheners containing at least 98 % para-dichlorobenzene. On and after May 1. 2009. the provisions of2.3.9 ofthis regulation apply to solid airfresheners containing para-dichlorobenzene.**~2.3.17** VOC limits specified in 2.3.1 ofthis regulation shall not apply to adhesives sold in containers of 1fluid ounce or less.

7 DE Admin Code 1141

- Page 33The 

## vac limits specified in 2.3.1 of this regulation for contact adhesive do not apply to units of product, less packaging: which consist of more than one gallon. [fhe VOC limits specified in 2.3.1 of this regulation for construction, panel and floor covering adhesive and for general purpose adhesive do not apply to units of product, less packaging, which consist of morethan one pound and morethan 16fluid ounces.]
2.3.14 2.3.18The VOC limits specified in 2.3.1 ofthis regulation shall not apply to bait station insecticides. For the purpose of SestieR 2.0 of this regulation, bait station insecticides are containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulantswith less than 5 percent active ingredients.**~2.3.19** !testieR 2.Q (jees The provisions of 2.0 ofthis regulation do not apply to sealant and caulking compound in units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. 2.4 Innovative Products
2.4.1 Any manufacturer of consumer products granted an Innovative Product Exemption (IPE) by the CARB under the Innovative Products provisions in Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5 Article 1, Section 94503.5 ofTitle 17 ofthe California Code of Regulations, or granted an IPE by any OTC state, shall be exemptfrom 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 !testieR regulation. Any manufacturer claiming an exemption on this basis shall submit to the Department a copy of the IPE decision (i.e., the Executive Order or other comparable state action) including all conditions applicable to the exemption. The Department reserves the right to refuse to honor, revoke or otherwise cancel an IPE which it believes has been misrepresented or does not meet the criteria for establishing or maintaining an IPE. Only the following provisions of 2.4.2 of this regulation shall apply to IPE's exempted under 2.4.2.7,2.4.2.8, and 2.4.2.9 ofthis regulation.
2.4.2 Manufacturers of consumer products may seek an IPE in accordancewith the following criteria:
2.4.2.1 The Department shall exempt a consumer product from the VOC limits specified in 2.3.1 of this regulation if a manufacturer demonstrates by clear and convincing evidence that, due to some characteristic ofthe product formulation, design, delivery systems or other factors, the use ofthe product will result in less VOC emissions as compared to:

7 DE Admin Code 1141 Page 342.4.2.1.1 the 

## vae emissions from a representative \. consumer product which complies with the 

## vae limits specified in 2.3.1 ofthis regulation; or, 2.4.2.1.2 the calculated 

## vae emissions from a noncomplying representative product, if the product had been reformulated to comply with the

## vee limits specified in 2

..3.1 of this regulation. 

## vae emissions shall 

### be calculated using the following equation:

where: 

## ER =The

## vae emissions from the non-complying representative product, had it been reformulated. 

## ENC = The

## vae emissionsfrom the non-complying representative product in its currentformulation. 

## vaesTD =the

## vae limitspecified in 2.3.1 (Table 2-1) ofthis regulation. 

## VaCNC =the

## vae content ofthe 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 altemative 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 ofthe following criteria:
2.4.2.2.1 The representative consumer product shall be subject to the same

## vae 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 innovative product uses a new form which does not exist in the product category atthe time the application is made.
2.4.2.2.3 The representative consumer product shall have at least similar efficacy as other consumer products in the same product category based on tests generally accepted for that product category bythe 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

7 DE Admin Code 1141

- Page 35application shall include supporting documentation that demonstrates the emissions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumertesting undertaken to document product usage. In addition, the applicant must provide any information necessary to enable the Department to establish enforceable conditions for granting the exemption including the VOC content for the innovative product and test methods for determining the VOC content. All information submitted to the Department is subject to public review under terms ofthe Freedom of Information Act (FOIA) (to be found at Title 29 Del.C. Ch. 100), unless deemed to be confidential by the Secretary in accordance with the procedures outlined in the FOIA regulation and codified at Title 29 DeI.C. Ch. 100, Section 10002(d). The procedure an applicant must follow in order to have information classified as confidential is reviewed in the DNREC FOIA regulation which can be obtained from the Department. Ifa 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 determinewhether an application is complete.
2.4.2.5 Within 90 days after an application has been deemed complete, the Department shall determine whether, under what conditions, and to what extent, an exemption from the requirements of 2.3.1 of this regulation will be permitted. The applicant and the Department may mutually agree to a longertime period for reaching a decision, and additional supporting documentation may be submitted by the applicant before a decision has been reached. The Department shall notify the applicant of the decision in writing and specify such terms and conditions as are necessary to insure that emissions from the product will meet the emissions reductions specified in 2.4.2.1 of this regulation, and that such emissions reductions can be enforced.
2.4.2.6 In granting an exemption for a product the Department shall establish conditions that are enforceable. These conditions shall include the VOC content of the innovative product, dispensing rates, application rates and any other parameters determined by the Department to 

### be necessary. The Department also shall specify the test methods for determining conformance to the conditions established. The test methods shall include criteria for reproducibility, accuracy, sampling and laboratory procedures.
2.4.2.7 For any product for which an exemption has been granted pursuant to 2.4.1 or 2.4.2 of this regulation, the manufacturer shall notify the Department in writing within 30 days of any change in the

7DEAdmin Code 1141 Page 36product formulation or recommended product usage directions, and shall also notify the Department within 30 days if the manufacturer learns of any information which would alter the emissions estimates submitted to the Department in support ofthe exemption application.
2.4.2.8 If the vec limits specified in 2.3.1 of this regulation are lowered for a product category through any subsequent rule making, all innovative product exemptions granted for products in the product category, except as provided in 2.4.2.8 ofthis regulation, shall have no force and effect as of the effective date of the modified vec standard. This shall not apply to those innovative products which have vec emissions less than the applicable lowered vec limit and for which a written notification of the product's emissions status versus the lowered vec limit has been submitted to and approved by the Department at least 60 days before the effective date of such limits.
2.4.2.9 If the Department believes that a consumer product for which an exemption has been granted no longer meets the criteria for an innovative product specified in 2.4.2.1 of this regulation, the Department may modify or revoke the exemption as necessary to assure that the product will meet these criteria. The Department shall not modify or revoke an exemption withoutfirst 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 ofa consumer product subject to SestisR 2.0 of this regulation shall clearly display on each consumer product container or package, the day, month, and yearwhen the product was manufactured, or a code indicating such date. The date or date-code information shall be located on the container or inside the cover/cap so that it is readily observable or obtainable (by simply removing the cover/cap) without irreversibly disassembling any part ofthe container or packaging. Tllis elate SF ssele sllalille elisJllayeEl SR easll SSRSYFReF JlFSelYst sSRtaiReF SF Jlaska!le RS later tllaR twelve FRSRtlls JlFiSF ts tile effestive elate sf tile aJlJllisallle staREIarei sJlesifieel iR :1.3.1 sftllis reElylatisR Date or date-code information may be displayed on the bottom ofthe container or packaging as long as it is clearly legible without removing any product packing. No person shall erase, alter, deface orotherwise remove or make illegible any date or datecode from any regulated product container. The requirements of this provision shall not apply to products containing vecs at 0.10% by weight or less. The requirements of 2.5.1 of this regulation shall not apply to consumer products registered underthe Federal Insecticide, Fungicide and RodenticideAct FIFRA; 7 U.S.C. Section 136 (et seq.), orTitle 3 Del.C. Ch. 12.
2.51.1 A manufacturer using the following code to indicate the date of manufacture shall not be subject to 2.5.1.2 ofthis regulation. ifthe

7 DE Admin Code 1141

- Page 37code is represented separately from other codes on the product container so that it is easily recognizable: \
YYDDD =year year day day day
where: YY 

### =two digits representing the year in which the productwas manufactured 000=three digits representing thedayofthe yearthe product was manufactured. with 

### 001 representing the first day of the year. 

### 002 representing the second day of the year. etc. (the Julian datel.


### 2.5.1.2 If a manufacturer elects to use a date-code other than represented in 

### 2.5.1.1 of this regulation for any consumer product subject to 

### 2.0 of this regulation an explanation of the date portion of the code must be filed with the Department before May 

### 1. 2009 and must be refilled everytime the date code is changed.
Date-codes and date-code explanations indicating the date of manufacture are considered public information and will not be kept confidential.
2.5.2 If a FRaAI::Jf.aGtblrer blses a 698e iREiisatiRg 

### tRe aate af M3Rl::JfastblF9, fer aAY SeASIlFAer Ilreallst slIbjest Ie 

### 2.3.1 efIl=Iis reEllllalieA. aA elllllaAatiaA aftI=Ie seas FAils! ae filea will=l Il=Ie DellartFAeAI Aa lalerIl=IaA p.·.'elve FAeAIl=Is Ilriar la Il=Ie effestive aale af tl=le alllliisaale staAaara Sllesifiea iA 

### 2.3.1 ef 

### tRis m9l:JlatiaA.**~2.5.2** Most Restrictive Limit


### 2.5.2.1 Notwithstanding the definition of product category in 

### 2.2 of this regulation, if anywhere on the principal display panel of any consumer product manufactured before May 

### 1. 2009. or any FIRFRAregistered insecticide manufactured before May 

### 1. 2010. any representation is madethatthe product may be used as, or is suitable for use as a consumer product for which a lower 

## vae limit is specified in 

### 2.3.1 crable 

### 2-11 ofthis regulation, then the lowest

## vae limit shall apply. This requirement does not apply to general purpose cleaners. 

### aAEi antiperspirant/deodorant products. and insecticide foggers.


### 2.5.2.2 Notwithstanding the definition of product category in 

### 2.2 of this regulation. if anywhere on the container or packaging of any consumer product manufactured on or after May 

### 1 .2009. or any FIFRA-registered insecticide manufactured on or after May 

### 1. 2010. or on any sticker or label affixed thereto. any representation is made thatthe product may be used as. or is suitable for use as a consumer product forwhich a lower

## vae limit is specified in 

### 2.3.1 (Table 

### 2-11 of this regulation. then the lowest 

## vae limit shall apply. This

7 DE Admin Code 1141

- Page 38requirement does not apply to general purpose cleaners, antiperspirant/deodorant products and insecticidefoggers,**~2,5** 3 , Additional Labeling RequirementsforAerosol Adhesives, 2,5.4,12,5,3,1 In addition to the requirements specified in 2,5,1, 2,5,2, and**2,~** ofthis 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 SeGtioA 2,0 ofthis regulation shall ensure that all products clearly display the following information on each product container which is manufactured on or after JaAl,lary 1, 2QQ5 the effective date for the categorv specified in 2,3,1 (Table 2-1) of this regulation, 2,5.4,1,12,5,3,1,1 The aerosol aGResiveproduct category as specified in 2,3,1 (Table 2-1) of this regulation or an abbreviation ofthe category shall be displayed, 2,5.4.1,22,5,3,1,2 The applicable VOG standard for the product that is specified in 2,3,1 (Table 2-1) ofthis regulation, except for energized electric cleaner, expressed as a percentage by weight, shall be displayed unless the product is included in an AGP, as provided in 2,10 ofthis regulation and the product exceedsthe applicable VOG standard,
Ifthe product is included in an ACP, and the product exceeds the applicable VOG standard specified in 2,3,1 (Table 2-1) of this regulation, the product shall 

### be labeled with the term AGP orAGP product, 2,5.4,1,32,5,3,1,3 If the product is classified as a special purpose spray adhesive, the applicable substrate and/or application or an abbreviation of the substrate/application that qualifies the product as special purpose shall be displayed, 2,5.4,1.42,5,3,1.4 If the manufacturer or responsible party uses an abbreviation as allowed by 2,5.4,1,12,5,3,1,1 of this regulation, an explanation of the abbreviation must be filed with the Department beforethe abbreviation is used, 2,5.4,22,5,3,2 The information required in 2,5,4,1 2,5,3,1 of this regulation, shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of the product container or packaging, For the purposes of 2,5.4,2 2,5,3,2 ofthis regulation, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging, 2,6 Reporting Requirements

7 DE Admin Code 1141

- Page 39

### 2.6.1 Upon 

### 90 days written notice, the Department may require any responsible party to report information for any consumer product or productsthe Department may specify including, but not limited to, all orpart of the fellG\·

..iAQ iAfermati9A:of the information listed in 

### 2.6.1.1 through 

### 2.6.1.12 ofthis regulation. Iftheir responsible party does not have ordoes not provide the information reguested by the Department. the Department may require the reporting of this information by the person that has the information. including. but not limited to. any formulator. manufacturer. supplier. parent company. private labeler. distributor. or repackager.


### 2.6.1.1 the name of the responsible party and the party's address, telephone number, and designated contact person; 

### 2.6.1.2 any claim of confidentiality which shall be handled as specified in 

### 2.10.12 ofthis regulation;


### 2.6.1.3 the product brand name for each consumer product and upon request bythe Department, the product label;


### 2.6.1.4 the product category towhich the consumer product belongs;


### 2.6.1.5 the applicable productformts} orforms listed separately;


### 2.6.1.6 an identification ofeach product brand name and form as a household product, I & I product, or both;


### 2.6.1.7 separate Delaware sales in pounds per year, to the nearest pound, and the method used to calculate Delaware sales for each productform;


### 2.6.1.8 for reports submitted by two companies, an identification of the company which is submitting relevant data separate from that submitted by the responsible party. All information from both companies shall be submitted by the date specified in 

### 2.6.1 of this regulation; 

### 2.6.1.9 for each product brand name and form, the net percent by weight ofthe total product, less container and packaging, comprised ofthefollowing, rounded to the nearest one tenth ofa percent 

### (0.1%): 2.6.1.9.1 Total exempt compounds


### 2.6.1.9.2 Total LVP-VOCsthat are notfragrances 

### 2.6.1.9.3 Total all other carbon containing compounds that are notfragrances

. 

### 2.6.1.9.4 Total all non-carbon containing compounds

7 DE Admin Code 1141

- Page 402.6.1.9.5 Total fragrance
2.6.1.9.6 For products containing greaterthan two percent by weightfragrance: 2.6.1.9.6.1 the percent of fragrance that are LVPVOCs, and 2.6.1.9.6.2 the percent of fragrance that are all other carbon containing compounds
2.6.1.9.7 Total paradichlorobenzene;
2.6.1.10 for each product brand name and form, the identity, including the specific chemical name and associated Chemical Abstract Services (CAS) number, ofthe following:
2.6.1.10.1 Each exempt compound
2.6.1.10.2 Each LVP-VOC that is not afragrance;
2.6.1.11 ifapplicable, the weight percent comprised of propellant for each product; and
2.6.1.12 ifapplicable, an identification ofthe type ofpropellant (Type A, Type B, Type C, ora blend ofthe differenttypes).
2.6.2 All information submitted by responsible parties pursuantto 2.6 ofthis regulation shall be handled in accordance with confidentiality procedures which are specified in 2.10.12 ofthis 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 of2.3 ofthis regulation will be achieved; and 2.7.1.3 a compliance report reasonably detailing the method{6} or methods bywhich compliance will be achieved.
2.7.2 Upon receipt of a variance application containing the information required in 2.7.1 of this regulation, the Department shall hold a public hearing to determine whether, underwhat 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 ofthe hearing shall be sent to the applicant by certified mail not less than 2Q30days priorto the hearing.

7 DE Admin Code 1141

- Page 41Notice ofthe hearing also shall be submitted for publication in the Delaware Register and sent to every person who requests such notice, not le!\.s than 30 days priorto the hearing. The notice shall state that the parties may, but need not be, represented by counsel at the hearing. At least 30 days prior to the hearing, the variance application shall be made available· to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and theirtestimony shall be considered. The applicant may wish to have some information treated as confidential. Procedures for establishing confidentiality are specified in 

### 2.10.12 of this regulation. The Department may consider such confidential information in reaching a decision on a variance application. 

### 2.7.3 No variance shall be granted unless all ofthe following findings are made:


### 2.7.3.1 that, because of reasons beyond the reasonable control of the applicant, requiring compliance with 

### 2.3 ofthis regulation would result in extraordinary economichardship;


### 2.7.3.2 that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance; and


### 2.7.3.3 that the compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible.


### 2.7.4 Any variance order shall specify a final compliance date by which the requirements of 

### 2.3 of this regulation will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the Department, in consideration ofthe testimony received atthe hearing, finds necessary to carry out the purposes of the State of Delaware's environmental regulations.


### 2.7.5 A variance shall cease to be effective upon failure ofthe party to whom the variance was granted to comply with any term or condition ofthe variance.


### 2.7.6 Upon the application of any person, the Department may review, and for good cause, modify or revoke a variance from requirements of

### 2.3 of this regulation after holding a public hearing in accordance with provisions ofthe Delaware Code.


### 2.8 Test Methods

7 DE Admin Code 1141

- Page 422.8.1 Testing to determine compliance with the requirements of SestisA 2.0 of this reaui'ation, shall be performed using CARB Method 310, "Detenmination of Volatile Organic Compound (VOC) in Consumer Products", adopted September 25, 1997, and amended on SeptemBer 3, W99 May 5, 2005, which is incorporated herein by reference. This method includes a number ofASTM methods. Altemative methods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval bythe Department. 2.8.2 VOC content determinations using productformulation and records. Testing to determine compliance with the requirements of SemisA 2.0 of this regulation also may be demonstrated through calculation of the VOC content from records of the amounts of constituents used to make the product pursuantto the following criteria:
2.8.2.1 Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records, for each day of production, of the amount and chemical composition of the individual product constituents. These records must be kept for at leastthreeyears. 2.8.2.2 Forthe purposes of2.8.2 ofthis regulation, the VOC content shall be calculated according to the following equation:

where, A 

### =total netweight of unit (excluding container and packaging) B =total weight ofall VOCs per unit C =total weight ofVOCs exempted under 2.3 ofthis regulation, per unit
2.8.2.3 If product records appear to demonstrate compliance with VOC limits, but these records are contradicted by product testing performed using CARB Method 310, the results ofCARB Method 310 shall take precedence over product records and may be used to establish a violation of the requirements of SeGtisA 2.0 of this regulation.
2.8.3 Determination of liquid or solid. Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90 (reapprsved JlJAe, 2000)(2006), "Standard Test Method for Determining Whether a Material is a Liquid or a Solid", incorporated by reference herein [see "Liquid" and "Solid" in SemisA 2.2 ofthis regulation].
2.8.4 Compliance determinationsfor charcoal lighter material products.

7 DE Admin Code 1141

- Page 432.8.4.1 Testing to determine compliance with certification requirements for charcoal material shall be performed using procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991), incorporated by reference herein.
2.8.4.2 Testing to determine distillation points of petroleum distillatebased charcoal lighter materials shall be performed using ASTM 086- 00a07b (AI.l!ll.lst 19, 2(99), " Standard Test Method for Distillation of Petroleum Products atAtmospheric Pressure", incorporated herein by reference. iA 2.8.1 eftRis real.llatisA.
2.8.5 Testing to determine plasticizer in flexible vinyl adhesives [see "Flexible vinyl adhesive" within "Special purpose spray adhesive" in SestieA 2.2 of this regulation] shall be performed using ASTM 15269 960-1045-95 (reapproved 2001) "Stamlara Prastise fer Paskea Gell.lmA Gas GRrematS!lrapRY", "Standard Test Methods for Sampling and Testing Plasticizers used in Plastics" incorporated herein by reference.
2.8.6 No person shall create, alter, falsify, orotherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other test, processes, or records used in connection with product manufacture.
2.8.7 Test Method Availability.
2.8.7.1 CARB Method 310 is available on the website at http://www.arb.ca.gov/testmeth/cptm/cptm.htm
2.8.7.2 ASTM methods can be purchased from American SOCietyfor Testing and Materials (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, Califomia 91765-0934. Telephone (909) 396-2162.
2.9 Severability Each part of SestieA 2.0 ofthis regulation shall be deemed severable, and in the event that any part ofSestieA 2.0 ofthis regulation is held to be invalid, the remainder ofSestisA 2.0 ofthis regulation shall continue in full force and effect.
2.10 Alternative Control Plan The purpose of 2.10 of this regulation is to provide an alternative method [an alternative control plan (ACP)] to comply with the Table 2-1 ofthis regulation limits specified in 2.3.1 ofthis regulation. This alternative is provided by allowing

7 DE Admin Code 1141

- Page 44responsible ACP parties the option ofvoluntarily entering into separate alternative control plans for consumer products, as specified herein. Only responsible ACP parties for consumer products may establish an ACP.
2.10.1 Except as provided in 2.10.2 ofthis regulation, any manufacturer of consumer products, granted an ACP agreement by the CARB under provisions in Subchapter8.5, Article 4, Sections 94540-94555, ofTitle 17 of the California Code of Regulations, or granted an ACP agreement by any OTC state, shall be exempt from the Table 2-1 limits specified in 2.3 ofthis regulation forthe period oftime that said ACP agreement remains in effect, provided that all ACP products used for emission credits within said ACP agreement are contained in Table 2-1 ofthis regulation. Any manufacturer claiming such an ACP agreement shall submit to the Department a copy of the ACP decision (i.e., the Executive Order or other comparable state action), including all conditions applicable to the exemption. The Department reserves the right to refuse to honor, revoke or otherwise cancel an ACP which it believes has been misrepresented or does not meet the criteria for establishing or maintaining an ACP. Holders of other state ACP agreements, operating in Delaware, shall be subject to all the provisions of2. 1 0.3 through 2.10.13 ofthis regulation.
2.10.2 Manufacturers of consumer products granted an ACP under the ACP provision in Subchapter 8.5, Article 4, Sections 9450-94555, of Title 17 ofthe California Code of Regulations, based on California specific data, orthat have been granted an ACP agreement by any OTC state based on state specific data, or that have not been granted an ACP agreement by the CARB or any OTC state may establish an ACP in accordance with 2.10.2 through 2.10.13 ofthis regulation. It is not necessary to apply to the Department for authorization. The manufacturer shall submit the information requested in 2.10.5.1 of this regulation upon establishing the ACP and from time to time, the Department may require additional reporting as specified in 2.10.5 ofthis regulation. The Department reserves the rightto refuse to honor, revoke or otherwise cancel an ACP established under 2.10.2 ofthis regulation which it believes has been misrepresented or does not meet the criteria for establishing or maintaining an ACP. Manufacturers of consumer products whose application to CARB or any OTC state for an ACP was refused orwhose ACP agreementwas revoked, cancelled or otherwise terminated prior to the specified termination date, shall notify the Department of the circumstances before establishing an ACP for Delaware sales. Decisions by CARB or any OTC state to not approve an ACP application or to cancel or terminate an ACP prior to the specified termination date will be considered in taking any action in Delaware.
2.10.3 Requirements ofan ACP.
To establish an ACP the responsible ACP party shall develop a file of information containing all of the following, which shall be kept current and available to the Department upon request as specified in 2.10.4.2 of this

7 DE Admin Code 1141

- Page 45regulation and maintained for at least three years after such records are generated: \.

. 2.10.3.1 an identification ofthe contact persons, phone numbers, names and addresses ofthe responsible ACP party; 2.10.3.2 a statement of whether the responsible ACP party is a one-product business, as defined in "One**pred~st Il~siness"**  or a small business as defined in "Small**Il~siness"** in Sestien 2.2 ofthis regUlation;
2.10.3.3 a listing of the exact product brand name, form, available variations (flavors, scents, colors, sizes, etc.), and applicable product**category~** or categories for each distinct ACP product that is proposed for inclusion in theACP;
2.10.3.4 for each proposed ACP product identified in 2.10.3.3 of this regulation a supported statement that the enforceable sales records to be used by the responsible ACP party for tracking product sales meet the minimum criteria specified in 2.10.3.4.5 of this regulation. To support this statement, the responsible ACP party shall include all ofthe following in the file:
2.10.3.4.1 the contact persons, phone numbers, names, street and mail addresses of all persons and businesses who will provide information that will be used to determine the enforceable sales;
2.10.3.4.2 the enforceable sales of each product using enforceable sales records as defined in "J;;nrorGeallle sales reGerd" in Sestion 2.2 ofthis regulation;
2.10.3.4.3 support the validity of the enforceable sales with enforceable sales records provided by the contact persons orthe responsible ACP party;
2.10.3.4.4 calculate the percentage ofthe gross Delaware sales, as defined in "Gress Delaware sales" 2.2 of this regulation, which is comprised ofenforceable sales;
2.10.3.4.5 determine which ACP products have enforceable sales which are 75.0% or more of the gross Delaware sales. Only ACP products meeting this criteria shall be allowed to be sold in the State of Delaware under an ACP.
2.10.3.5 for each of the ACP products identified in 2.10.3.4.5 of this regulation, the inclusion ofthe following:

7 DE Admin Code 1141

- Page 462.10.3.5.1 legible copies of the existing labels for each**product~** 2.10.3.5.2 the VaG content and LVP content for each produci reported fortwo different periods, asfollows:
2.10.3.5.2.1 the VaG and LVP contents of the product atthetimetheAGP is established, and
2.10.3.5.2.2 any VaG and LVP contents ofthe product, which have occurred at any time within the four years priorto the date ofestablishing the AGP, if either the vac or LVP contents have varied by more than plus/minus ten percent (+10.0%) ofthe vac or LVP contents reported in 2.10.3.5.2.1 ofthis 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 afterthe date an ACP was established.
2.10.3.7 an operational plan covering all the products identified under 2.10.3.4.5 ofthis regulation for each compliance period that the AGP will be in effect. The operational plan shall contain all of thefollowing:
2.10.3.7.1 an identification ofthe compliance periods and dates for the responsible ACP party to summarize the information required by the Department in an ACP. The length of the compliance period shall be chosen by the responsible ACP party provided, however, that no compliance period shall be longer than 365 days. The responsible ACP party also shall choose the dates for summarizing information such that all required vac content and enforceable sales data for all ACP prodLicts shall be summarized at the same time and at the same frequency;
2.10.3.7.2 an identification of specific enforceable sales records summarized in the operational plan for the compliance period dates specified in 2.10.3.7.1 of this regulation;
2.10.3.7.3 for a small business or a one-product business which will be relying to some extent on surplus trading to meet its AGP limits, a written commitment from the responsible ACP**party~** or parties that they will transfer

7 DE Admin Code 1141

- Page 47the surplus reductions to the small business or one-product business upon adoption ofthe 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 methodW or methods by which the VOC content will be determined and the statistical accuracy and precision (repeatability and reproducibility) calculated for each specified method.
2.10.3.7.5 the projected enforceable sales for each ACP product at each differentVOC contentfor every compliance period thatthe ACP will be in effect;
2.10.3.7.6 a detailed write-up showing the combination of specific ACP reformulations or surplus trading (if applicable) that is sufficient to ensure that the ACP emissions will not exceed the ACP limit for each compliance period that the ACP will be in effect, the approximate date within each compliance period that such reformulations or surplus trading are expected to occur, and the extent to which the VOC contents ofthe ACP products will be reduced (i.e., by ACP reformulation). This write-up shall use the equations specified in "ACP emissions" and' ACP limit" as defined in 2.2 of this regulation for projecting the ACP emissions and ACP limits during each compliance period. It shall also include all VOC content levels and projected enforceable sales for all ACP products to be sold in the State of Delaware during each compliance period;
2.10.3.7.7 a certification that all reductions in the VOC content of a product will be real, actual reductions that do not result from changing product names mischaracterizing ACP product reformulations that have occurred in the past, or any other attempts to circumvent the provisions of :;lestieA 2.0 ofthis regulation;
2.10.3.7.8 written explanations ofthe date-codes that will be displayed on each ACP product's container or packaging;
2.10.3.7.9 astatement ofthe approximate dates bywhich the responsible ACP party plans to meet the applicable ACP VOC standards for each product in theACP; 2.10.3.7.10 a reconciliation of shortfalls plan which commits the responsible ACP party to completely reconcile any shortfalls in any and all cases, even, to the extent permitted by law, if the responsible ACP party files for

7 DE Admin Code 1141 Page 48bankruptcy protection. The plan for reconciliation of shortfalls shall contain all ofthefollowing:
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 reconciled within 90 working days from the date the shortfall is determined;
2.10.3.7.10.2 a listing of the specific records and other information that will be necessary to verify that the shortfalls were reconciled as specified in 2.10.3.7.10 ofthis regulation; and
2.10.3.7.10.3 a commitment to provide any record or information requested by the Department to verify that the shortfalls have been completely reconciled.
2.10.3.7.11 adeclaration, signed by a legal representative for the responsible ACP party which states that all information and plans included in the ACP are true and correct. 2.10.4 Record Keeping and Availability ofRequested Information.
2.10.4.1 All information specified in an ACP shall be maintained by the responsible ACP party for a minimum ofthree years afterthe 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 visitto a responsible ACP party; or 2.10.4.2.2 within five working days after receipt ofa written request from the Department; or 2.10.4.2.3 within a time period mutually agreed upon by the Department and the responsible ACP party. 2.10.5 Reporting
2.10.5.1 Upon establishing an ACP, the responsible ACP party shall notify the Department, in writing, that an ACP has been

7 DE Admin Code 1141 Page 49established and shall submit to the Department all ofthe information specified in 2.10.3 ofthis regulation. \.
2.10.5.2 At any time that the information specified in 2.10.3 ofthis regulation is modified for any reason, the Department shall be promptly notified ofthe change.
2.10.5.3 VlJhen a shortfall occurs, the responsible ACP party shall promptly notify the Department. VlJhen the shortfall is reconciled, the responsible ACP party will notify the Department.
2.10.5.4 VlJhen a

## vac exceedance occurs, the responsible ACP party shall promptly notify the Department of the exceedance and plans for correction. Any exceedance is a violation of SeGiieR 2.0 of this regulation and may result in penalties.
2.10.6 Violations.
2.10.6.1 Any person who commits a violation of SeGiieR 2.0 ofthis regulation may be subject to the penalties specified in applicable Delaware laws and regulations. Failure to meet any requirement of SeGiieR 2.0 of this regulation or any condition of an ACP shall constitute a single, separateviolation of SeGiieR 2.0 ofthis regulation for each day until such requirement or condition is satisfied, except as otherwise provided in 2.10.6.3 through 2.10.6.B ofthis regulation.
2.10.6.2 False reporting ofany information contained in an ACP, or any supporting documentation or amendments thereto, shall constitute a single, separate violation ofthe requirements ofSeGiieR 2.0 ofthis regulation for each day thattheACP is in effect.
2.10.63 Any exceedance during the applicable compliance period of the 

## vac content speCified for an ACP product in the ACP shall constitute a single, separate violation ofthe requirements ofSeGiieR 2.0 of this regulation for each ACP product which exceeds the specified 

## vac content that is sold, supplied, offered for sale, or manufactured for use in the State ofDelaware.
2.10.6.4 Any ofthe following actions shall each constitute a Single, separate violation of the requirements of SeGiieR 2.0 of this regulation for each day after the applicable deadline until the requirement is satisfied:
2.10.6.4.1 Fatlure to record data (i.e., "missing data") or failure to record data accurately (i.e., "inaccurate data") in writing to the Department regarding the 

## vac content, L VP content, enforceable sales, or any other information required by any deadline specified bythe Department;

7 DE Admin Code 1141

- Page 50

### 2.10.6.4.2 False reporting of any information submitted to the Departmelnt for determining compliance with the 

### ACP requirements;


### 2.10.6.4.3 Failure to completely implement the reconciliation of shortfalls plan that is set forth in the 

### ACP, within 

### 30working days from the date ofwritten notification of a shortfall; 

### 2.10.6.4.4 Failure to completely reconcile the shortfall as specified in the 

### ACP, within 

### 90working days from the date of written notification ofashortfall.


### 2.10.6.5 False reporting or failure to report any of the information specified in 

### 2.10.7.2.9 of this regulation, or the sale or transfer of invalid surplus reductions, shall constitute a Single, separate violation of the requirements of SestieA 

### 2.0 of this regulation for each day during the time period forwhich the surplus reductions are claimed to be valid.


### 2.10.6.6 Except as provided in 

### 2.10.7 of this regulation, any exceedance ofthe 

### ACP limitfor any compliance period thatthe

### ACP is in effect shall constitute a single, separate violation of the requirements of SestieA 

### 2.0 of this regulation for each day of the applicable compliance period. The responsible 

### ACP party shall determine whether an exceedance ofthe 

### ACP limit has occurred as follows and promptly report the results to the Department:


### 2.10.6.6.1 If the responsible 

### ACP party has recorded all required information for the applicable compliance period specified in an 

### ACP, then the manufacturer shall determine whether an exceedance has occurred using the enforceable sales records and 

### VOC content for each 

### ACP product, as reported by the responsible 

### ACP party for the applicable compliance period;


### 2.10.6.6.2 If the responsible 

### ACP party has failed to provide all the required information specified in the 

### ACP for an applicable compliance period, determining whether an exceedance ofthe 

### ACP limit has occurred shall be done as follows:


### 2.10.6.6.2.1 for the missing data days, calculate the total maximum historical emissions, as specified iA "Telal ffia*iffil,lffi Aisterisal effiissieAs (TMI=lE)" in SestieA 

### 2.2 ofthis regulation;


### 2.10.6.6.2.2 for the remaining portion of the compliance period which are not missing data days, calculate the emissions for each 

### ACP

7 DE Admin Code 1141

- Page 51product using the enforceable sales records and VOC content that were reported forthat portion of the applicable compliance period;
2.10.6.6.2.3 the ACP emissions for the entire compliance period shall be the sum of the total maximum historical emiSSions, determined pursuant to 2.10.6.6.2.1 ofthis regulation, and the emissions determined pursuant to 2.10.6.6.2.2 of this regulation;
2.10.6.6.3 calculate the ACP limit for the entire compliance period using ACP standards applicable to each ACP product and enforceable sales records specified in 2.10.6.6.2.2 of this regulation. Enforceable sales for each ACP product during missing data days, as specified in 2.10.6.6.2.1 ofthis regulation, shall be zero (0).
2.10.6.6.4 an exceedance ofthe 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 pursuantto 2.10.6.6.3 ofthis regulation.
2.10.6.7 Ifaviolation specified in 2.10.6.6 ofthis regulation occurs, the responsible ACP party may, pursuant to this paragraph, establish the number of violations as calculated according to the following equation:

where, NEV = (ACPEmissions

- ACPLimit)x 1 Violation 40Pounds
NEV = number ofACP limitviolations; ACP emissions 

### =the ACP emissionsforthe compliance period; ACP limit 

### =the ACP limit forthe compliance period; The responsible ACP party may determine the number of ACP limit violations pursuant to this paragraph only if it has provided all required information for the applicable compliance period, as specified in the ACP. By choosing this option, the responsible ACP party waives any and all legal objections to the calculation of the ACP limitviolations pursuantto 2.10.6.7 ofthis regulation.
2.10.6.8 In assessing the amount of penalties for any violation occurring pursuant to 2.10.6.1 through 2.10.6.7'of this regulation, circumstances covered in applicable laws and regulations of the State ofDelaware shall 

### betaken into consideration. 2.10,6.9 A cause of action against a responsible ACP party under 2.10.6 ofthis regulation shall be deemed to accrue on the date(st or

7 DE Admin Code 1141

- Page 52dates when the records establishing a violation are received by the Department.
2.10.6.10 The responsible ACP party is fully liable for compliance with the requirements of SestieR 2.0 of this regulation, even if the responsible ACP party contracts with or otherwise relies on another person to carry out some or all ofthe requirements ofSestiaR 2.0 of this regulation.
2.10.7 Surplus Reductions and Surplus Trading.
2.10.7.1 Any surplus reductions of VOC achieved by a responsible ACP party operating under an ACP may 

### be represented in the form ofcertificates which can be bought from, sold to, ortransferred to a responsible ACP party operating under an ACP, as provided in 2.10.7.2 ofthis regulation. All surplus reductions shall be calculated at the end ofeach compliance period within the time specified in the established ACP. Surplus reduction certificates shall not constitute instruments, securities, orany otherform ofproperty.
2.10.7.2 The issuance, use, and trading of all surplus reductions shall be subjectto the following provisions:
2.10.7.2.1 For the purposes of SestieR 2.0 of this regulation, VOC reductions from sources ofVOC other than consumer products subject to the VOC standards specified in 2.3.1 of this regulation may not be used to generate "SYlfllys FeElystieRS" surplus reductions;
2.10.7.2.2 Surplus reductions are valid only when generated by a responsible ACP party, and only while that responsible ACP party is operating under a prior established ACP;
2.10.7.2.3 Surplus reductions may be used by the responsible ACP party who generated the surplus until the reductions expire, are traded, or until the ACP is canceled pursuant to 2.10.11 ofthis regulation;
2.10.7.2.4 Surplus reductions cannot be applied retroactively to any compliance period prior to the compliance period in which the reductions were generated;
2.10.7.2.5 Except as provided in 2.10.7.2.6.2 of this regulation, only small or one-product businesses selling products under an established ACP may purchase surplus reductions. An increase in the size of a small business or one-product business shall have no effect on surplus reductions purchased by that business prior to the date of the increase.

7 DE Admin Code 1141 Page 532.10.7.2.6 While valid, surplus reductions can be used only forthe following purposes: 2.10.7.2.6.1 to adjust either the ACP emissions ofeitherthe responsible ACP partywho generated the reductions or the responsible ACP party to which the reductions were traded, provided the surplus reductions are not used by any responsible ACP party to further lower its ACP emissions when its ACP emissions are equal to or less than the ACP limit during the applicable compliance period; or 2.10.7.2.6.2 to be traded for the purpose of reconciling another responsible ACP party's shortfalls, provided such reconciliation is part of the reconciliation of shortfall plan pursuant to 2.10.3.7.10 ofthis regulation.
2.10.7.2.7 A valid surplus reduction shall be in effect starting five (5) days after the date of identification by the responsible ACP party, for a continuous period equal to the number of days in the compliance period during which the surplus reduction was generated. The surplus reduction shall then expire atthe end ofits effective period.
2.10.7.2.8 At least five (5) working days prior to the effective date of transfer of surplus reductions, both the responsible ACP party which is selling surplus reductions and the responsible ACP party which is buying the surplus reductions shall, either together or separately, notify the Department in writing of the transfer. The notification shall include all ofthefollowing:
2.10.7.2.8.1 the date the transfer is to become effective;
2.10.7.2.8.2 the date the surplus reductions being traded are dueto expire; 2.10.7.2.8.3 the amount (in pounds of VOCs) of surplus reductions that are being transferred;
2.10.7.2.8.4 the total purchase price paid by the buyerfor the surplus reductions; 2.10.7.2.8.5 the contact persons, names of the companies, street and mail addresses, and phone

7 DE Admin Code 1141

- Page 54'numbers of the responsible ACP parties involved in the trading ofthe surplus reductions;
2.1**012,~,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 ofthe surplus reductions. The copy shall show the amount of any remaining non-traded surplus reductions, if applicable, and shall show their expiration date, The copy shall indicate limitations placed upon the transfer ofthe surplus reductions and accept full responsibility for the appropriate use of such surplus reductions as provided in 2,10,7 ofthis regulation, 2.10.72,9 Surplus reduction credits shall only be traded between ACP**product~** or products for consumer products, 2.10,8 Reconciliation ofShortfalls, 2,10,8,1 At the end of each compliance period, the responsible ACP party shall make an initial calculation ofany shortfalls occurring in that compliance period. Upon receipt of this information, the Department shall determine the amount of any shortfall that has occurred during the compliance period, and shall notify the responsible ACP party ofthis determination.
2.10.8.2 The responsible ACP party shall implement the reconciliation of shortfalls plan as specified in the ACP, within 30 working days from the date ofwritten notification ofa shortfall by the Department. 2,10.8.3 All shortfalls shall be completely reconciled within 90 working days from the date ofwritten notification ofa shortfall by the Department, by implementing the reconciliation of shortfalls plan specified in the ACP.
2.10.8.4 All requirements specified in the ACP, including all applicable ACP limits, shall remain in effect while any shortfalls are in the process ofbeing 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, ofany change in an ACP product's: 2.10,9.1.1 product name,

7DE Admin Code 1141 Page 552.10.9.1.2 productformulation,
2.10.9.1.3 product form,
2.10.9.1.4 productfunction,
2.10.9.1.5 applicable product**category~** or categories,
2.10.9.1.6 

## vac content, 2.10.9.1.7 LVP content, 2.10.9.1.8 date-codes, or 2.10.9.1.9 recommended product usage directions, no later than 15 working days from the date such a change occurs. For each modification, the notification shall fully explain the following:
2.10.9.1.10 the nature ofthe modification;
2.10.9.1.11 the extent to which the ACP product formulation, 

## vac content, L VP content, or recommended usage directions will be changed;
2.10.9.1.12 the extent to which the ACP emissions and ACP limit specified in the ACP will be changed for the applicable compliance period; and
2.10.9.1.13 the effective date and corresponding datecodes for the modification.
2.10.9.2 Except as otherwise provided in 2.10.7.2 ofthis regulation, the responsible ACP party shall notify the Department, in writing, of any information learned of by the responsible ACP party which may alter any of the information submitted pursuant to the requirements of2.10.3 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 ofan ACP by the Department
2.10.10.1 Ifthe Department determines that:
2.10.10.1.1 the enforceable sales for an ACP product are no longer at least 75.0% of the gross Delaware sales forthat product, or

7 DE Admin Code 1141

- Page 562.10.10.1.2 the information submitted pursuant to a request is no longervalid. or 2.10.10.1.3 the ACP emissions are exceeding the ACP limit specified in the ACP. then the Department shall modify the ACP as necessary to ensure that the ACP meets all requirements of SestieA 2.0 of this regulation and that the ACP emissionswill not exceed theACP limit.
The Department shall not modify the ACP without first affording the responsible ACP party an opportunity for a public hearing to determine ifthe ACP should be modified.
2.10.10.2 If any applicable 

## vac standards specified in 2.3.1 of this regulation are modified in a future rule making. the responsible ACP party shall modify the ACP limit specified in the ACP to reflect the modified ACP 

## vac standards as oftheir effective dates.
2.10.11 Cancellation ofan ACP
2.10.11.1 An ACP shall remain in effect until:
2.10.11.1.1 the ACP reaches the specified expiration date;
2.10.11.1.2 the ACP is modified by the responsible ACP party;
2.10.11.1.3 the ACP is modified by the Department. as provided in 2.10.10 ofthis regulation;
2.10.11.1.4 the ACP includes a product for which the 

## vac standard specified in 2.3.1 of this regulation is modified by the Department in a Mure rule making. and the responsible ACP party informs the Department in writing that the ACP will terminate on the effective date{s) ordates ofthe modified standard;
2.10.11.1.5 the ACP is cancelled pursuant to 2.10.11.2 of this regulation.
2.10.11.2 The Department shall cancel an ACP if any of the following circumstances occur: 2.10.11.2.1 the responsible ACP party demonstrates to the satisfaction ofthe Department that the continuation of the ACP will result in an extraordinary economic hardship;

7 DE Admin Code 1141

- Page 572.10.11.2.2 the responsible ACP party violates the requirements ofthe ACP, and the violationts) orviolations results in a shortfall that is 20.0% or more of the applicable ACP limit (Le., the ACP emissions exceed the ACP limit by 20.0% or more );
2.10.11.2.3 the responsible ACP party fails to meet the requirements of2.10.8 (Reconciliation ofShortfalls) ofthis regulation within the time periods specified in 2.10.8 ofthis regulation; or 2.10.11.2.4 the responsible ACP party has demonstrated a recurring pattern ofviolations and has consistently failed to take the necessary stepsto correct those violations. 2.10.11.3 The Department shall not cancel an ACP pursuant to 2.10.11.2 of this regulation without first affording the responsible ACP party an opportunity for a public hearing to determine if the ACP should be canceled.
2.10.11.4 The responsible ACP party for an ACP which is canceled pursuant to 2.10.11.2 ofthis regulation and who does not have a valid ACP to immediately replace the canceled ACP shall meet all ofthe following requirements:
2.10.11.4.1 all remaining shortfalls in effect at thetime of ACP cancellation shall be reconciled in accordance with the requirements of2.10.8 ofthis regulation, and
2.10.11.4.2 all ACP products subject to the ACP shall be in compliance with the applicable VOC standards in 2.3.1 of this regulation immediately upon the effective date of ACP cancellation.
2.10.11.5 Any violations incurred pursuant to 2.10.6 shall not be cancelled or in any way affected by the subsequent cancellation or modification of an ACP pursuant to 2.10.9,2.10.10, or 2.10.11 of this regulation.
2.10.12 Treatment of Information. The information required by 2.10.3.1,2.10.3.2, and 2.10.7.2.8 of this regulation is public information which may not 

### be claimed as confidential. All information submitted to the Department is subject to public review under terms of the Freedom of Information Act (FOIA) (to be found at 29 

### DeI.C. Ch. 100), unless deemed to be confidential by the Secretary in accordance with the procedures outlined in the FOIA regulation and codified at 29 DeI.C. 10002(d). The procedure an applicant must follow in order to have information classified as confidential is reviewed in the FOIA regulation which can be obtained from the Department.

7 DE Admin Code 1141

- Page 582.10.13 OtherApplicable Requirements.
A responsible ACP party may transfer an ACP to another responsible ACP party, provided that all ofthe following conditions are met:
2.10.13.1 The Department shall be notified, in writing, by both responsible ACP parties participating in the transfer of the ACP. The written notifications shall be postmarked at least five (5) working days prior to the effective date ofthe transfer and shall be signed and submitted separately by both responsible parties. The written notifications shall clearly identify the contact persons, business names, mail and street addresses, and phone numbers of the responsible parties involved in the transfer.
2.10.13.2 The responsible ACP party to which the ACP is being transferred shall provide a written declaration stating that the transferee shall fully comply with all requirements of the ACP and SeGtieR 2.0 ofthis regulation.
2.11 Related Delaware Rules. The following Delaware rules are referred to in SeGtieR 2.0 ofthis regulation and are required to fully understand the provisions of SestieR 2.0 ofthis regulation. Copies ofthese related rules may be obtained through the State of Delaware web site http://www.delaware.gov. by writing to State of Delaware, Department of Natural Resources and Environmental Control, Division of Air and Waste Management, 715 Grantham Lane, New Castle, Delaware 19720 or by calling 302-323-4542.
2.11.1 Some definitions are in "Regulations Goveming the Control ofAir Pollution", Air Quality Management Section, Division of Air and Waste Management, "Regulati8R**~18.** 11Q1 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.uslDNREC2000.
2.11.2 The state pesticide law, "State of Delaware Code Title 3, Part II, Chapter 12" also can be obtained by writing the State of Delaware, Department ofAgriculture, 2320 South DuPont Highway, Dover, Delaware 19901 or by calling 302-739-4811. The pesticide law also can be found on the following web site, http://www.michie.com.
2.11.3 The Freedom of Information Act (FOIA), Title 29 DeI.C. Ch. 100, Section 10002(d) also is available on the following web site http://www.michie.com. The DNREC FOIA regulation also is available at http://www.dnrec.state.de.uslDNREC2000.

7 DE Admin Code 1141

- Page 592.11.4 The Delaware code relating to public hearings for environmental \.matters. Title 7 DeI.C. Ch. 60. Section 6006 also can be found on the

following web site. http://www.michie.com.
2.11.5 The Delaware Code relating to penalties for violations of environmental regulations. Title 7 DeI.C. Ch. 60 Sections 6005 and 6013 also can befound atthe following web site http://www.michie.com.

7 DE Admin Code 1141

- Page 60TABLE2-1 VOC CONTENT LIMITS FOR CONSUMER PRODUCTS (percentvolatile organic compounds 

### byweight)

PROgyC+ CJI,+6GOR¥ IC:+I



# .. -, Mist SJlray 6& '"'.**~-** && SJlesial PYFJleSe (meYAtiA!l, ayte eA!liAe GamJlaFimeAt aAa lIelEible YiAyl) +Q (pelyslyFeAe wam aAa aytemeti'Je ReaaliAeF) 6& (palyale!iA aAe lamiAate rellairleegelaaAeiA!l) W 8Q! CaRstFYslieA, PaAel, aAa fleer CeyeriA!l 4& GeReral PYrJle5e 

# ***~,** 

## , 

# * AeFosol Caoklng SJlray 

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# I aA,iF I=F8sheA9F6 9aYiaie Phase/\era5als :!& biqYies**~** PYmll SJlrays**~** SiRgle Phase Aeresels 30 SeIiEIs**~** Gels**~**



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# I 4& 

# I Automati'!e Rubbing ar Polishing Campound 

# I**~** 

# I ,t,utomoti'!e WalE. Palish, SealantOF Glaze ,",ara Paste INalEes 4& Instant getailers 

# I 3 

# I All Other ferms 

# I 4& 

# I IAutomotive Windshield '1lasheFS 

# II W 

# I Bathroom and +lIe Cleane.s Aeresels**~** All Other**~9FFA6 ~**  Hug and +aF Remo'!er 4G

7 DE Admin Code 1141 Page 614& CaFpet and UphelstaFV CleaReFs \.**l~eFGsels** 1- Nen aerosels**(sil~lables)** M Nen aeFesels (Feasy Ie**~se)** 3 Gharseal bighter Material See 2.3.4 aflJ:lis Fe§ll::dati9R * DsaduF3Rts AleF9sei (% HVOC) G (% MVOC) 4G**~J9R** aemssl (% HV{)C) G**(~~** MVOC) G Dusting ,o,iss 

# I I I**~** 

# I**~** ingine Degreasers .o.eF9sal 3li NeR aeF9sei 6

# ~r Pelishes anc! Walles 00**PFes~sls** feF**~Ie*ible** I=IaaFin9 MaleFials 

# IT]**PFas~sls** feF Nan FasilieR! I=IaaFiR9 4()! 'Afee8 FleeRRS 9G! FlearWall Strippers (nen aeresels) 

# I

# F3!::I af..tRi& realilatian Furniture Malntenanse Presusls 

# D

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.....UOlher FaFms (elEsepl salis aF pasle) General Purpose Gleaners 

# GJ

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# I I AeF9sais 00 Nen aeFasals 

# I 4 

# I Glass Gleaners 

# W Aer:esels**~leR** aerosels WaiF Mousses 

# I 6 

# I Hairshines 

# I 66 

# I Hairsprays 66

7 DE Admin Code 1141

- Page 626! 

# I 3 

# I IR6estisides**GFII'HliR!lIl~!I** (aeresel)**~** GFllwliR!I**1l~!I** (all etherferms) 2{)**~Iea** aRa +isk :!9! FlyiR!lIlIl§ (aeresel) :l&**~lyiR!lIl~!I** (all etherfurms) 3& Fe!l!lers**~** bawR aRa GarElsR (ReR aeressl) 3 ba'llR aRa GarEleR (all ether farms) 2{)**~~lasfl** aRa HeFRet 4G bauRdry Pre·

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# , W 

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# W AeF9sels**~J9R** aerosels 'SealaRts aRd GaulkiR!I GemflouRds 

# II 4 

# , Sha'/iR!I GFeams 

# , Ii! 

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7 DE Admin Code 1141

- Page 63VOC Content Limit Produc\Category Effective Date Effective 1/1/2005 Date 5/1/2009 Adhesive Removers: FloororWall Covering**~** Gasket orThread Locking 50 General Purpose 20 Specialtv 70 Adhesives: Aerosol Mist Spray 65 Aerosol Web Spray 55 Special Purpose SprayAdhesives: Mounting, Automotive Engine Compartment and Flexible Vinyl 70 Polystyrene Foam and Automotive

Headliner 65 Polyolefin and Laminate Repairl

Edgebanding 60 Construction, Panel and Floor 15 Contact SO' NIA Contact, General Purpose 55 Contact. Special Purpose 80 General Purpose 10' Structural Waterproof 15' Air Fresheners: Single-phaseAerosols 30 Double-phase Aerosols 25 liquids/Pump Sprays 1S' Solids/Semisolids 3' Antiperspirants: Aerosol 40 HVOC 10 MVOC Non-aerosol 

## oHVOC 

## oMVOC 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 45 Instant Detailers 3 All Other Forms 15 Automotive Windshield Washer Fluids 35 Bathroom andTile Cleaners Aerosols 7 All Other Forms 5 Bug and Tar Remover 40 Carburetor or Fuel-Injection Air Intake Cleaners 45 Carpet & Upholstery Cleaners Aerosols 7 Non-aerosols (dilutable) 0.1 jreadv-to-use): 3.0

7 DE Admin Code 1141

- Page 64Product Category Effective Date Effective 1/1/2005 Date 5/1/2009 Charcoal Lighter Material 2.3.4 this reQulation* Cooking Spray, Aerosol 18 * Deodorants: Aerosol 

## oHVOC 10 MVOC Non-aerosol 

## oHVOC 

## oMVOC Dusting Aids: Aerosol 25 All otherforms 7* Electrical Cleaner 45 Electronic Cleaner 75 Engine Degreasers: Aerosol 35 Non-aerosol 5 Fabric Protectants 60 Fabric Refresher: Aerosol ..1Q Non-aerosol 6 Floor Polishesiwaxes: Productsfor Flexible Flooring Materials 7* Products for Non-Resilient Flooring 10 * Wood FloorWax 90 * FloorWax Strippers, non-aerosol 2.3.6 this regulation Footwearor Leather Care Products: Aerosol 75 Solid 55 All otherforms 15 Furniture Maintenance Products: Aerosol 17 All otherforms except solid orpaste 7 General Purpose Cleaners: Aerosol 10 Non-aerosol 4 General Purpose Degreaser Aerosol 50 Non-aerosol 4 Glass Cleaners:

Aerosol 12 * Non-aerosol 4 Graffiti Removers: Aerosol 50 Non-aerosol 30 Hair Mousse 6 HairShine 55 HairSpray 55 Hair Styling Gel 6*

7 DEAdmin Code 1141

- Page 65Product Category ,Date 1/1/2005 Date 5/1/2009 Hair and Pumo 6

All otherforms 

## 2" Heavy Duty Hand

.or Soap 8 Insecticide: Crawling Bug (aerosol) 15 Crawling Bug (all otherforms) 20 Flea and Tick 25 Flying Bug (aerosol) 25 Flying Bug (all otherforms) 35 Foggers 45 Lawn & Garden (all otherforms) 20 Lawn & Garden (non-aerosol) 3 Wasp & Hornet 40 Laundry Prewash: AerosoVSolid 22 All otherforms 5

,Starch 5 Metal I I 30

,

# , (excluding solid or**~ .,,~,~;:**  50 Nail Polish 75 •yO 0**y~'''QI** Herbicide


# ... 3 Oven Cleaner AerosoVPump spray 8 Liquid 5 Paint

.or 50 50 . & Vinyl 0 •V'yV'Q" Non-aerosol 3 A, .1 10 

# =;:, md 4 5 Z

10 ",,"';n'1 solid or

....

### v~c _"

... 60

# S~erosol 25 

# .,. 8 Tire :and 20 Urina Care: 10 

## 3: 40 Wood 17**~** Notes: NIA Notapplicable on orafterJanuary 1, 2009

7 DE Admin Code 1141

- Page 66• Limits and definition unchanged from 9/11/98federal rule \.

7 DE Admin Code 1141 Page 67