Connecticut Department of

~ENERGY &

ENVIRONMENTAL

PROTECTION

79 Elm Street  ̄ Hartford, CT 06106-5~-27 www.ct.gov/deep Affirmative Action/Equal Opportunity Employer

David Conroy, Chief

Air Prograans Branch

EPA Region I

5 Post Office Square - Suite 100

Mail Code OEP05-02

Boston, MA 02109-3912

April 3, 2013

Dear Mr. Conroy,

In a document dated February 1, 2008, the Connecticut Department of Energy and

Environmental Protection (DEEP) submitted a plan for how Connecticut would attain the 8-hour

ozone national ambient air quality standard. Attachment E of that submission included a number

of regulations for approval into the State Implementation Plan (SIP). One of those regulations is

Connecticut’s consumer products regulation, section 22a-174-40 of the Regulations of

Connecticut State Agencies (RCSA).

DEEP would like to modify that submittal with respect to RCSA section 22a-174-40 by

withdrawing certain provisions from consideration as part of the SIP. Specifically, DEEP is

requesting that you withdraw:

1) Subdivisions (4) through (7) of subsection (c); and

2) Subparagraphs (C) and (D) of subdivision (2) of subsection (f).

A copy of RCSA section 22a-174-40, as in effect at the time of the SIP submission, with the

withdrawn portions indicated in strikethrough font is included as Attachment A to this letter.

If you have any questions, please contact Merrily Gere of my staffat (860) 424-34t6.

Anne Arnold, EPA Region 1

David Mackintosh, EPA Region 1

Sincerely yours,

Anne R. Gobin

Chief, Bureau of Air Management
ATTACHMENT A

RCSA Section 22a-174-40 as in effect July 26, 2007

See. 22a-174-40. Consumer Products.

(a) Definitions. For purposes of this section, the definitions listed in this subsection shall

apply.

(1) "Adhesive" means may product that is applied for the purpose of bonding two surfaces

together excluding (1) mechanical means such as screws, clamps and Velcro, (2) products used

on humans and animals, and (3) adhesive tape, contact paper, wallpaper, shelf liners or any other

product with an adhesive incorporated onto or in an inert substrate.

(2) "Adhesive remover" means a product designed to remove adhesives from either a

specific substrate or a variety of substrates. "Adhesive removers" do not include products that

remove adhesives and are intended for use on humans or other animals. For the purpose of this

definition, "adhesive" means a substance used to bond one or more materials including, but not

limited to, canlks, sealants or glues.

(3) "Aerosol adhesive" means an aerosolized bonding 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.

(4) "Aerosol cooking spray" means any aerosol product designed either to reduce sticking on

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

(5) "Aerosol product" means a pressurized spray system that dispenses product ingredients

by means of a propellant contained in a product or a product’s container, or by means of a

mechanically induced force. "Aerosol product" does not include pnmp spray.

(6) "Agricultural use" means, for the purposes of this definition, the use of any pesticide or

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

or processing of any animal or plant crop, exclusive of the sale or use of pesticides in properly

labeled packages or containers that are intended for use in:

(A) A household or its immediate environment;

(B) Structural pest control, which includes a use re@ring a license under section 22a54 of the Connecticut General Statutes;

(c) A manufacturing, mining or chemical process or in the operation of factories,

processing plants and similar sites; or

(D) Within the lines of, or on property necessary for the operation of, buildings such

as hospitals, schools, libraries, auditoriums and office complexes.

(7) "Air freshener" means any consuraer product including, but not limited to, sprays, wicks,

powders and crystals, designed for the pro’pose of masking odors, or freshening, cleaning,

scenting or deodorizing the air including spray disinfectants and other products that are expressly

represented Ibr use as "air freshener." "Air freshener" does not include products that are used on

the human body, products that function primarily as cleaning products, disinfectant products

claiming to deodorize by killing germs on surfaces, institutional and industrial disinfectants
Effective July 26r 2007 2

when offered for sale solely through institutional and industrial charmets of distribution or

toilet/urinal care products.

(8) "All other forms" means all consumer product forms for which no form-specific VOC

standard is specified. Unless specified in a VOC standard, "all other forms" include, but are not

limited to, solids, liquids, wicks, powders, crystals and cloth, paper wipes or towelettes.

(9) "Alternative control plan" or "ACP" means an emissions averaging program approved by

CARBor the NYSDEC.

(10) "Anti-microbial hand or body cleaner or soap" means a cleaner or soap designed to

reduce the level of microorganisms on the skin thi’ough germicidal activity, including, but not

limited to, anti-microbial hand or body washes and cleaners, food-handler hand washes,

healthcare personnel hand washes, pre-operative skin preparations and surgical scrubs. "Antimicrobial hand or body cleaner or soap" does not include prescription drug products;

antiperspirants; astringent or 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 or medicated toner; or rubbing alcohol.

(11 ) "Antiperspirant" means any product including, but not limited to, an aerosol, roll-on,

stick, pump, pad, cream or squeeze-bottle that is intended by the manufacturer to be used to

reduce perspiration in the human axilla by at least 20 percent in at least 50 percent of a target

population.

(t2) "Anti-static product" means a product that is labeled to eliminate, prevent or inhibit the

accumulation of static electricity, exclusive of electronic cleaners, floor polish or wax, floor

coating, aeroso! coating products or architectural coating.

(13) "Architectural coating" means, notwithstanding the definition in section 22a-174-1 of the

Regulations of Connecticnt State Agencies, a coating applied to stationary structures and their

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

(14) "ASTM" means the American Society for Testing and Materials.

(15) "Astringent" or "toner" means any product not regulated as a drug by the United States

Food and Drug Administration that is applied to the skin for the purpose of cleaning or

tightening pores, including clarifiers and substrate-impregnated products and excluding any

hand, face or body cleaner or soap product, medicated astringent or medicated toner, cold cream,

lotion or antiperspirant.

(16) ’Automotive brake cleaner" means a cleaning product designed to remove oil, grease,

brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

(17) "Automotive hard paste wax" means a motor vehicle wax or polish that is:

(A) Designed to protect and improve the appearance of motor vehicle painted

sttrfitces;

(B) A solid at room temperature; and
Effective July 26, 2007 3

(C) Contains 0% water by formulation.

(18) "Automotive instant detailer" means a product designed for use in a pump spray that is

applied to motor vehicle painted surfaces and wiped offprior to being allowed to dry.

(19) "Automotive rubbing or polishing compound" means a product designed primarily to

remove oxidation, old paint, scratches or swirl marks and otber defects from motor vehicle

painted surfaces without leaving a protective barrier.

(20) "Automotive wax, polish, sealant or glaze" means a product designed to seal out

moisture, increase gloss or otherwise enhance motor vehicle painted surf:aces including, but 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 and excluding 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.

(21) "Automotive windshield washer fluid" means any liquid designed for use in a motor

vehicle windshield washer system either as antifreeze or for the purpose of cleaning, washing or

wetting the windshield, excluding fluids placed by the manufacturer in a new vehicle and

excluding wet towel products designed to be applied by hand to automotive windshields and

windows to remove dirt.

(22) "Bait station insecticide" means an insecticidal bait weighing no more than 0.5 ounce and

composed of solid material feeding stimulants with less than five percent active ingredients that

is designed to be ingested by insects.

(23) "Bathroom and tile cleaner" means a product designed to clean tile or surfaces in

bathrooms, exclusive of products specifically designed primarily to clean toilet bowls, toilet

tanks or urinals.

(24) "Bug and tar remover" means a product labeled to remove either or both of the following

from painted motor vehicle surfaces without causing damage to the motor vehicle finish:

(A) Biological-type residues such as insect carcasses and tree sap; or

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

(25) "CARB" means the California Air Resources Board.

(26) "CCR" means the California Code of Regulations.

(27) "Carburetor or fuel-injection air intake cleaners" means a product designed to remove

fuel deposits, dirt or other contaminants from a carburetor, choke, throttle body of a fuelinjection system or associated linkages, exclusive of a product designed exclusively to be

introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor

or fue! injectors.

(28) "Carpet and upholstery cleaner" means a cleaning product designed for the purpose of
Effective July 26, 2007 4

eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles or on household

furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other

synthetic fabrics including, but not limited to, products that make i~abric protectant claims and

excluding 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.

(29) "CAS" means Chemical Abstract Service.

(30) "Charcoal lighter material" means any combustible material designed to be applied on,

incorporated in, added to or used with charcoal to enhance ignition, excluding electrical starters

and probes, metallic cylinders using paper tinder, natural gas, propane or fat wood.

(31) "Colorant" means any pigment or coloring material used in a consumer product for an

aesthetic effect, or to highlight a component.

(32) "Connecticut sales" means the annual sales in Connecticut during a specified calendar

year of a consumer product, expressed as net pounds of product less packaging and container.

(33) "Construction, panel and floor covering adhesive" means any single-component adhesive

that is not floor seam sealer and that is designed exclusively for the installation, remodeling,

maintenance or repair of:

(A) Structural and building components that include, but are not limited to, beams,

trusses, studs; paneling such as drywall or drywall lan~inates, fiberglassreinforced plastic, plywood, particle board, insulation board, pre-decorated

hardboard and tile board; ceiling and acoustical tile; molding; fixtures;

conntertops or conntertop laminates; cove or wall bases; and flooring or

subflooring; or

(B) Floor or wall coverings that include, but are not limited to, wood or simulated

wood covering; carpet; carpet pad or cushion; vinyl-backed carpet; flexible

flooring material; non-resilient flooring material; mirror tiles and other types of

tiles; and artificial grass.

(34) "Consumer" means any person who purchases or acquires any consumer product for

personal, family, household or institutional use. A person acquiring a consumer product for

resale is not a "consumer" for that product.

(35) "Consumer product" means a chemically ibrmulated product used by household and

institutional consumers including, but not limited to, antiperspirants; detergents; deodorants;

Cleaning compounds; polishes; floor finishes; cosmetics; personal car~ products; home, lawn and

garden products; disinfectants; sanitizers; aerosol paints; or automotive specialty products. Other

paint products, furniture coatings or architectural coatings are not "consumer products."

(36) ’~Contact adhesive" means an adhesive that:

(A) Is designed Ibr application to two surfaces to be bonded together;
Effective July 26, 2007 5

(B) Is designed to dry before the two surfaces are placed in contact with each other;

(c)Forms an immediate bond that is impossible, or difficult, to reposition after both

adhesive-coated surfaces are placed in contact with each other;

(D) Does not need sustained pressure or clamping of surfaces after the adhesivecoated surfaces have been brought together using sufficient momeutary pressure

to establish full contact bet~veen both surfaces;

(E) Is not a rubber cement primarily intended for use on paper substrates; and

(F) Is not a vulcanizing fluid designed and labeled for tire repair.

(37) "Contact adhesive -- general purpose" means any contact adhesive that is not a "contact

adhesive -- special purpose."

(38) "Contact adhesive -- special purpose" means a contact adhesive that is either:

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 or less in thickness to any porous or nonporous surface,

and is sold in units of product, less packaging, that contain more than eight fluid

ounces; or

(B) Used in automotive applications that are either automotive under-the-hood

applications requiring heat, oil or gasoline resistance, or body-side molding,

automotive weatherstrip or decorative trim.

(39) "Container" or "packaging" means the part or parts of a consumer or institutional product

that serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically

formulated substance or mixture of substances that accomplish the purpose or purposes for

which the product is designed or intended, and includes any article onto or into which the

principal display panel and other accompanying literature or graphics are incorporated, etched,

printed or attached.

(40) "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, and excluding any house dust mite product or any product designed to be

used exclusively on humans or animals. For the purposes of this definition only:

(A) "House dust mite" means a Pyroglyphidaean mite that feeds primarily on skin

cells shed in the home by humans and pets; and

(B) "House dust mite product" means a product whose label, packaging or

accompanying literature states that the product is suitable fur use against house

dust mites but does not indicate that the product is suitable for use against ants,

cockroaches or other household crawling arthropods.
Effective July 26, 2007 6

(41) "Date-code" means the day, month and year on which a consumer product is

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

(42) "Deodorant" means any product including, but not limited to, an aerosol, roll-on, stick,

pump, pad, cream or squeeze-bottle, that is intended by the manufacturer to be used to minimize

odor in the human axilla by retarding the growth of bacteria that cause the decomposition of

perspiration.

(43) "Device" means any instrument or contrivance, other than a firearm, designed for

trapping, destroying, repelling or mitigating any pest or any other form of plant or animal life

other than hmnans and bacteria, viruses or other microorganisms on or in living humans or other

living animals; but "device" does not include equipment used to apply pesticides if such

pesticides are sold separately from the device.

(44) "Disinfectant" means any product intended to destroy or inactivate infectious or other

undesirable bacteria, pathogenic fungi or viruses on surfaces or inanimate objects and for which

the label is registered under FIFRA. "Disinfectant" does not include products:

(A) Designed solely for use on human or animals;

(B) Designed for agricultural use;

(C) Designed solely for use in swimming pools, therapeutic tubs or hot tubs; or

(D) As indicated on the principal display panel or label, designed primarily for use as

bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl

cleaners or metal polishes.

(45) "Distributor" means any person to whom a consumer product is sold or supplied fbr the

purposes of resale or distribution in commerce, except that manulPacturers, retailers and

consumers are not "distributors."

(46) "Double-phase aerosol air freshener" means an aerosol air freshener with the liquid

contents in two or more distinct phases that requires the product container be shaken before use

to mix the phases, producing an etnulsion.

(47) "Dry cleaning fluid" means any non-aqueous liquid product designed and labeled

exclusively for use on ;[hbrics that are labeled "dry clean only" or that are S-coded fabrics and

includes, but is not limited to, those products used by commercial dry cleaners and commercial

businesses that clean fabrics such as draperies at the customer’s residence or work place. "Dry

cleaning fluid" does not include spot remover or carpet and upholstery cleaner.

(48) "Dusting aid" means a product designed for use with a mop, rag or other dusting device

to assist in removing dust and other soils from floors and other surfaces without leaving a wax or

silicone based coating and does not include products that consist entirely of compressed gases for

use in electronic or other specialty areas.

(49) "Electrical cleaner" means a product labeled to remove heavy soils such as grease, grime

or oil from electrical equipment such as electric motors, armatures, relays, electric panels or
Effective July 26, 2007 7

generators. "Electrical cleaner" does not include general purpose cleaner, general purpose

degreaser, dusting aid, electronic cleaner, energized electrical cleaner, pressurized gas duster,

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

electrical equipment.

(50) "Electronic cleaner" means a product labeled for the removal of dirt, moisture, dust, flux

or oxides from the internal components of electronic or precision equipment such as circuit

boards, and the internal components of electronic devices such as radios, compact disc (CD)

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

general purpose cleaner, general purpose degreaser, dusting aid, pressurized gas duster, engine

degreaser, electrical cleaner, energized electrical cleaner, anti-static product or products designed

to clean the casings or housings of electronic equipment.

(51) "Energized electrical cleaner" means a product that meets both of the following criteria:

(1) the product is labeled to clean or degrease electrical equipment, where cleaning or degreasing

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

from a compo~}ent, such as a capacitor; and (2) the product label clearly displays the statements:

"Energized equipment use only. Not to be used for motorized vehicle maintenance or their

parts." "Energized electrical cleaner" does not include electronic cleaner.

(52) "Engine degreaser" means a cleaning product designed to remove grease, grime, oil and

other contaminants from the external surfaces of engines and other mechanical parts.

(53) "Fabric protectant" means a product designed to be applied to fabric substrates to protect

the surface from soiling or to reduce absorption of liquid into the t~abric’s fibers. "Fabric

protectant" does not include a product labeled for use as a waterproofer, a product designed for

use solely on leather or a product designed for use solely on fabrics that are labeled "dry clean

only" and sold in containers often fluid ounces or less.

(54) "Fabric refresher" means a product labeled to neutralize or eliminate odors on nonlaundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies,

bedding, automotive interiors, footwear, athletic equipment, clothing or on household furniture

or objects upholstered or covered with fabrics such as, but not limited to, wool, cotton or nylon.

"Fabric refresher" does not include anti-static product, carpet and upholstery cleaner, soft

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

products labeled for application on both fabric and human skin. For the purposes of this

definition only, "soft household surface sanitizer" means a product labeled to neutralize or

eliminate odors on the surfaces listed in this definition and for which the label is registered as a

sanitizer under FIFRA.

(55) "Facial cleaner or soap" means a cleaner or soap designed primarily to clean the face and

includes, but is not limited to, facial cleansing creams, semi-solids, liquids, lotions and substrateimpregnated forms; and excludes prescription drug products, antimicrobial hand or body cleaner

or soap, astringent, toner, general-use hand or body cleaner or soap, medicated astringent,

medicated toner or rubbing alcohol.

(56) "Fat wood" means pieces of wood kindling with high levels of sap or resin that enhance

ignition of the kindling, aM excludes any kindling with substances added to enhance

flammabilily, such as wax-covered or wax-impregnated wood-based products.
Effective July 26, 2007 8

(57) "FDA" means the United States Food and Drug Administration.

(58) "FIFRA" means the Federal Insecticide, Fungicide and Rodenticide Act, 7 USC sections

136 et. seq.

(59) "Flea and tick insecticide" means any insecticide product that is designed for use against

fleas, ticks, their larvae or their eggs, exclusive of products designed fi~r use exclusively on

humans or animals and their bedding.

(60) "Flexible flooring material" means asphalt, cork, linoleum, no-wax, rubber, seamless

vinyl or vinyl composite flooring.

(61) "Floor coating" means an opaque coating that is labeled and designed for application to

flooring, including but not limited to, decks, porches, steps or other horizontal surfaces subject to

foot traffic.

(62) "Floor or wall covering adhesive remover" means a product designed or labeled to

remove floor or wall coverings and associated adhesive from the underlying substrate.

(63) "Floor polish or wax" means a wax, polish or any other product designed to polish,

protect or enhance floor surfaces by leaving a protective coating that is designed to be

periodically replenished, exclusive of spray buff products, products designed solely for the

purpose of cleaning floors, floor finish strippers, products designed for unfinished wood floors

and coatings subject to architectural coatings regulations.

(64) "Floor seam sealer" means any product designed and labeled exclusively for bonding,

fusing, sealing or coating seams between adjoining pieces of installed flexible sheet flooring.

(65) "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, exclusive of aerosol floor wax strippers or products designed to

remove floor wax solely through abrasion.

(66) "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, and excluding wasp and hornet insecticide, products that are designed to be used

exclusively on humans or animals or any moth-proofing product. For the purposes of this

definition only, "moth-proofing product" means a product whose label, packaging or

accompanying literature indicates that the product is designed to protect fabrics from damage by

moths but does not indicate that the product is suitable for use against flying insects or other

flying arthropods.

(67) "Footwear or leather care product" means any product designed or labeled to be applied

to footwear or to other leather articles or components, to maintain, enhance, clean, protect or

modify the appearance, durability, fit or flexibility of the footwear or leather article or

component. Footwear includes both leather and non-leather foot apparel. "Footwear or leather

care product" does not include fabric protectant, general purpose adhesive, contact adhesive,

vinyl/~tbric/leather/polycarbonate coating~r~bber and vinyl protectant, fabric refresher, products
Effective July 26, 2007 9

solely for deodorizing or sealant products with adhesive properties used to create external

protective layers greater than two millimeters thick.

(68) "Fragrance" means a substance or complex mixture of aroma chemicals, natural essential

oils and other functional components, the sole purpose of which is to impart an odor or scent or

to counteract a malodor.

(69) "Furniture coating" means m~y paint designed for application to room furnishings

including, but not limited to, kitchen, bath and vanity cabinets; tables; chairs; beds and sofas.

(70) "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 but does not include dusting aids, wood cleaners, products designed solely for the purpose

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

lacquers.

(71) "Gasket or tt~read locking adhesive remover" means a product designed or labeled to

remove gaskets or thread locking adhesives. "Gasket or thread locking adhesive remover"

includes products labeled for dual use as a paint stripper and gasket remover or thread locking

adhesive remover.

(72) "Gel" means a colloid in which the disperse phase has combined with the continuous

phase to produce a semisolid material, such as jelly.

(73) "General purpose adhesive" means any non-aerosol adhesive designed for use on a

variety of substrates, excluding the following:

(A) Contact adhesives;

(B) Construction, panel and floor covering adhesives;

(c) Adhesives designed exclusively for application to one specific category of

substrate, such as metals, paper products, ceramics, plastics, rubbers or vinyls; or

(D) Adhesives designed exclusively for use on one specific category of articles that

may be composed of different materials but perform a specific function, such as

gaskets, automotive trim, weather-stripping or carpets.

(74) "General purpose adhesive remover" means a product designed or labeled to remove

cyanoacrytate adhesives and non-reactive adhesives or residue from a variety of substrates.

"General purpose adhesive remover" does not include floor or wall covering adhesive remover.

(75) "General purpose cleaner" means a product designed for general all-purpose cleaning, in

contrast to cleaning products designed to clean specific substrates in certain situations. "General

purpose cleaner" includes products designed for general floor cleaning, kitchen or countertop

cleaning, and cleaners designed to be used on a variety of hard surfaces and does not include

general purpose degreasers and electronic cleaners.
Effective July 26, 2007 10

(76) "General purpose degreaser" means any product labeled to remove or dissolve grease,

grime, oil and other oil-based contaminants from a variety of substrates, including automotive or

miscellaneous metallic parts. "General purpose degreaser" does not include engine degreaser,

general purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized

electrical cleaner, metal polish, metal cleanser, products used exclusively in solvent cleaning

tanks or related equipment, or products that are:

(A) Sold exclusively to establishments that manufacture or construct goods or

commodities; and

(B) Labeled "not for retail sale."

(77) "General-use hand or body cleaner or soap" means a cleaner or soap designed to be used

routinely on the skin to clean or remove typical or common dirt and soils. "General-use hand or

body cleaner or soap" includes, but is not limited to, hand or body wash, dual-purpose shampoobody cleaner, shower or bath gel and moisturizing cleaner or soap; and excludes prescription

drug product, anti-microbial hand or body cleaner or soap, astringent, toner, fhcial cleaner or

soap, hand dishwashing detergent, anti-microbial hand washing detergent, heavy-duty hand

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

(78) "Glass cleaner" means a cleaning product designed primarily for cleaning surfaces made

of glass and does not include products designed solely for the purpose of cleaning optical

materials used in eyeglasses, photographic equipment, scientific equipment or photocopying

machines.

(79) "Graffiti remover" means a product labeled to remove spray paint, ink, marker, crayon,

lipstick, nail polish or shoe polish from a variety of non-cloth or non-fabric substrates. "Graffiti

remover" does not include paint remover or stripper, nail polish remover or spot remover.

"Graffiti remover" includes products labeled fbr dual use as both a paint stripper and graffiti

remover.

(80) "Hair mousse" means hairstyling foam designed to facilitate styling of a coiffure and

provide holding power.

(81) "Hair shine" means any product designed for the primary purpose of creating a shine

when applied to the hair, including, but not limited to, dual-use hair styling product, products

designed primarily to impart a sheen to the hair, and excluding hair spray, hair mousse, hair

styling gel or spray gel, or products whose primary purpose is to condition or hold the hair.

(82) "Hair spray" means a consumer product that is applied to styled hair and is designed or

labeled to provide sufficient rigidity to hold, retain or finish the style of the hair for a period of

time. "Hair spray" incttides aerosol hair sprays, pump hair sprays, spray waxes; color, glitter or

sparkle hairsprays that make finishing claims; and products that are both a styling and finishing

product. "Hair spray" does not include spray products that are intended to aid in styling but do

not provide finishing of a hairstyle. For the purposes of this definition, "finish" or "finishing"

means the maintaining or holding of previously styled hair for a period of time. For the purposes

of this definition, "styling" means the forming, sculpting or manipulation of the hair to alter

.... : ~mP0rari!y the hair’s shape.
Effective July 26, 2007 11

(83) "Hair styling product" means a consumer product designed or labeled for the application

to wet, damp or dry hair to aid in defining, shaping, lifting, styling or sculpting of the hair. "Hair

styling product" includes, but is not limited to, hair bahn, clay, cream, areme, curl straightener,

gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair

straightener, wax, spray products that aid in styling bnt do not provide finishing of a hairstyle

and leave-in volumizers, detanglers 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 or holding of previously styled hair for a period of time; and

"styling" means the forming, sculpting or manipulation of the hair to alter temporarily the hair’s

shape.

(84) "Heavy-duty hand cleaner or soap" means a product designed to clean or remove difficult

dirt and soils such as oi!, grease, grime, tar, shellac, putty, printer’s ink, paint, graphite, cement,

carbon, asphalt or adhesives from the hand with or without the use of water. "Heavy-duty hand

cleaner or soap" does not include prescription drug product, anti-microbial hand or body cleaner

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

medicated astringent, medicated toner or rubbing alcohol.

(85) "Herbicide" means a pesticide product designed to kill or retard a plant’s growth, but

excludes a product labeled for agricultural use and restricted material requiring a permit for use

and possession.

(86) "High volatility organic compound" or "HVOC" means any VOC that exerts a vapor

pressure greater than 80ram Hg at 20°C.

(87) "Household product" means any consumer product designed for use inside or outside

living quarters or residences, inclusive of the immediate surroundings, which are occupied or

intended for occupation by individuals.

(88) "Inse9ticide" means a pesticide product that is designed for use against insects or other

arthropods, but excluding products that are:

(A) For agricultural use;

(B) For a use which requires a structural pest control license pursuant to section 22a54 of the Connecticut General Statutes; or

(C) Restricted materials that require a permit for use and possession.

(89) "Insecticide fogger" means any insecticide product designed to release all or most of its

content, in the form of a fog or mist, into indoor areas during a single application.

(90) "Institutional product" or "industrial and institutional product" means a consumer product

that is designed for use in the maintenance or operation of an establishment, exclusive of a

household product or a product that is incorporated into or used exclusively in the manufacture

or construction of the goods or commodities at the site of the establishment. For the purpose of

this definition, an "establisl~nent" includes, but is not limited to, a govermnent agency, factory,
Effective July 26, 2007 12

school, hospital, sanitarium, prison, restaurant, hotel, store, automobile service and parts center,

health club, theater or transportation company, that:

(A) Manufactures, transports, or sells goods or commodities or provides services ibr

profit; or

(B) Is engaged in the nonprofit promotion of a particular public, educational or

charitable cause.

(91) "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.

(92) "Laundry prewash" means a product that is designed for application to a fabric prior to

laundering and that supplements and contributes to the effectiveness of laundry detergents or

provides specialized performance.

(93) "Laundry starch product" means a product that is designed for application to a fabric,

either during or after laundering, to impart and prolong a crisp look that may also act to help ease

ironing of the fabric. ’°Laundry starch prodhct" includes, but is not limited to, fabric finish,

sizing and starch.

(94) "Lawn and garden insecticide" means an insecticide product labeled primarily to be used

in household lawn and garden areas to protect plants from insects or other arthropods.

(95) "Liquid" means a substance or mixture of substances that is capable of a visually

detectable flow as determined under ASTM D-4359-90, excluding powders or other materials

composed entirely of solid particles.

(96) "Lubricant" means a product designed to reduce friction, heat, noise or wear between

moving parts, or to loosen rusted or immovable parts or mechanisms and excludes the following

products:

(A) Automotive power steering fluids;

(B) Products for use inside power generating motors, engines, and turbines and

associated power-transfer gearboxes;

(C) Two cycle oils or other products designed to be added to fuels;

(D) Products for use on the human body or animals; or

(E) Products that are both:

(i) Sold exclusively to establishments that manufacture or construct goods or

commodities, and

(ii) Labeled "not for retail sale."
Effective July 26, 2007 13

(97) "LVP-VOC" means a low vapor pressure chemical compound or mixture that contains at

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

(A) Has a vapor pressure less than 0. tmm Hg at 20°C;

iB) Is a chemical compound with more than 12 carbon atoms or a chemical mixture

comprised solely of compounds with more than 12 carbon atoms, and the vapor

pressure and boiling point are unknown;

(C) Is a chemical compound with a boiling point greater than 216°C; or

(D) Is the weight percent of a chemical mixture that boils above 216°C.

For the purposes of this definition, "chemical compound" means a molecule of definite chemical

formula and isomeric structure, and "chemical mixture" means a substrate comprised of two or

more chemical compounds.

(98) "Manut:acturer" means any person who imports, manufactures, assembles, produces,

packages, repackages or re-labels a consumer product.

(99) "Medicated astringent" or "medicated toner" means any product regulated as a drug by

the FDA that is applied to the skin for the purpose of cleaning or tightening pores, and includes,

but is not limited to, clarifiers and substrate-impregnated products. "Medicated asti~ingent" or

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

toner, cold cream, lotion, antiperspirants or products that must be purchased with a doctor’s

prescription.

(100) °°Medium volatility organic compound" or "MVOC" means any volatile organic

compound that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg

when measured at 20°C.

(101) "Metal polish/cleanser" means any product designed to use physical or chemical action to

remove or reduce stains, impurities or oxidation from surfaces or to make surfaces smooth and

shiny on finished metal, metallic or metallized surfaces. "Metal polish/cleanser" includes, but is

not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other

ornamental metals and does not include: automotive wax, polish, sealant or glaze; wheel cleaner;

paint remover or stripper; products designed aud labeled exclusively for automotive and marine

detailing; or products designed for use in degreasing tanks.

(102) ’°Mist spray adhesive" means any aerosol adhesive that is not a special purpose spray

adhesive and that delivers a particle or mist spray, resulting in the formation of fine, discrete

particles that yield a generally uniform and smooth application of adhesive to the substrate.

(103) ’°Multi-purpose dry lubricant" means any lubricant that is:

(A) Designed and labeled to provide lubricity by depositing a thin film of graphite,

molybdenum disulfide ("moly"), or polytetrafluoroethylene or closely related

fluoropolymer ("Teflon") on surt:aces; and
Effective July 26, 2007 14

(B) Designed for general purpose lubrication, or tbr use in a wide variety of

applications.

(104) "Multi-purpose lubricant" means any lubricant designed tbr general purpose lubrication

or for use in a wide variety of applications, exclusive of any multi-purpose dry lubricant,

penetrant or silicone-based multi-purpose lubricant.

(105) "Multi-purpose solvent" means any organic liquid designed to be used for a variety of

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

dissolving other organic materials, including solvents used in institutional facilities, except for

laboratory reagents used in analytical, educationa!, research, scientific or other laboratories.

"Multi-purpose solvents" do not include solvents used in cold cleaners, vapor degreasers,

conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or

used exclusively in the manufacture or construction of, the goods or commodities at the site of

the establishment.

(106) "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.

(107) "Nail polish remover" means a product designed to remove nail polish and coatings from

fingernails or toenails.

(108) "Non-aerosol product" means any consumer product that is not dispensed by a

pressurized spray system.

(t 09) "Non-carbon containing compound" means any compound that does not contain carbon

atoms.

(l 10) "Non-resilient flooring" means flooring of a mineral content that is not flexible, including

terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete.

(t 11) "Non-selective terrestrial herbicide" means a herbicide product that is intended for use on

land and is toxic to plants without regard to species.

(112) "NYCRR" means the Official Compilation of Codes, Rules and Regulations of the State

of New York.

(i 13) (’NYSDEC" means the New York State Department of Enviromnental Conservation.

(114) "Oven cleaner" means any cleaning product designed to clean by removing dried food

and other deposits from oven interiors,

(I 15) "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 s~rve some functional

propose such as the filling or concealing of sttrface irregularities or the modification of light and

heat radiation characteristics.
Effective July 26, 2007 15

(116) "Paint remover or stripper" means any product designed to strip or remove paints or other

related coatings, by chemical action, from a substrate without markedly affecting the substrate.

"Paint remover or stripper" does not include:

(A) Multi-purpose solvents;

(B) Paint brush cleaners;

(C) Products designed and labeled exclusively to remove graffiti; or

(D) Hand cleaner products that claim to remove paints and other related coating from

skin.

(117) "Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that

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

(118) "Pesticide" means any substance or mixture of substances labeled, designed or intended

for use in preventing, destroying, repelling or mitigating any pest; or any substance or mixture of

substances labeled, designed or intended for use as a defoliant, desiccant or plant regulator; and

excluding any substance, mixture of substances or device that the United States Environmental

Protection Agency does not consider a pesticide.

(119) "Pressurized gas duster" means a pressurized product labeled to remove dust from a

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

photographic film negatives, computer keyboards and other types of surfaces that cannot be

cleaned with solver~ts. "Pressurized gas duster" does not include dusting aids.

(t20) "Principal display panel" means that part, or those parts, of a product label appearing

once or more on a container or packaging that is designed for display to, examination by or

presentation to a potential consumer under normal and customary conditions of display or

purchase.

(t21) "Product brand name" means the name of the product exactly as it appears on the

principal display panel of the product.

(122) "Product form" means the form that most accurately describes a products’ dispensing

form, including aerosols, solids, semi-solids, liquids and pump sprays.

(123) "Propellant" means a liquefied or compressed gas that is used in whole or in part, such as

a co-solvent, to expel a liquid or any other material from the same self-pressurized container or

from a separate coutainer.

(124) "Pump spray" means a packaging system in which the product ingredients within the

container are not under pressure and in which the product is expelled only while a pumping

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

(125) "Responsible party" means the company, firm or establishment that is listed on a

product’s label. If the label lists more than one company, firm or establishment, the responsible
Effective July 26, 2007 16

party is the party that the product was "manufactured for" or "distributed by," as noted on the

label.

(126) "Restricted materials" means pesticides classified for "restricted use" pursuant to

FIFRA.

(127) "Retailer" means any person who sells, supplies or offers consumer products for sale

directly to consumers.

(t28) ’°Retail outlet" means any establishment at which consumer products are sold, supplied

or offered for sale directly to consumers.

(129) "Roll-on product" means any antiperspirant or deodorant dispensed by rolling a wetted

ball or wetted cylinder on the affected area.

(130) "Rubber and vinyl protectant" means any product designed to protect, preserve or renew

vinyl, rubber and plastic on motor vehicles, tires, luggage, furniture or household products such

as vinyl covers, clothing and accessories. "Rubber and vinyl protectant" does not include

products primarily designed to clean a motor vehicle wheel rim, such as aluminum or

magnesium wheel cleaners, or tire cleaners that do not leave an appearance-enhancing or

protective substance on the tire.

(13 t) °’Rubbing alcohol" means any product containing isopropyl alcohol 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 or for massage.

(132) "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 and Guidelines

Committee.

(133) "Sealant and caulking compound" means any product with adhesive properties that is

designed to fill, seal, waterproof or weatherproof gaps or joints between two surfaces, and

excluding the following products:

(A) Roof cements and roof sealants;

(B) Insulating foams;

(c) Removable caulking compounds, which, for the purposes of this subdivision,

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

time intervals;

(D) Clear/paintable/water resistant caulking compound, which, for the purposes of

this subdivision, means a compound that contains no appreciable level of opaque

fillers or pigments; transmits most or all visible light through the caulk when

cured; is paintable; and is immediately resistant to precipitation upon application;

(E) Floor seam sealers;
Effective July 26, 2007 17

(F) Products designed exclusively for automotive uses;

(G) Sealers that are applied as continuous coatings; or

(H) Products sold in units that weigh more than one pound and consist of more than

sixteen fluid ounces.

(134) "Semisolid" means a product that, at room temperature, will not pour but will spread or

deform easily, such as gels, pastes and greases.

(135) "Shaving cream" means an aerosol product that dispenses fomn lather intended for use

with a blade or cartridge razor, or other wet-shaving system, in the removal of facial or other

bodily hair. "Shaving cretan" does not include shaving gel.

(136) "Shaving gel" means an aerosol product that dispenses a post-foaming semi-solid

designed to be used with a blade, cartridge razor or other wet-shaving system in the removal of

facial or other body hair. "Shaving gel" does not include shaving cream.

(137) "Silicone-based multi-purpose lubricant" means any lubricant that is not a product

designed and labeled exclusively to release manufactured products from molds and that is

designed and labeled as follows:

(A) To provide lubricity primarily through the use of silicone compounds including,

but not limited to, polydimethylsiloxane; and

(B) For general purpose lubrication, or for use in a wide variety of applications.

(138) "Single-phase aerosol air fieshener" means an aerosol air freshener with the liquid

contents in a single homogeneous phase that does not require that the product container be

shaken before use.

(t39) "Solid" means a substance or mixture of substances that, either whole or subdivided as in

the case of particles comprising a powder, is not capable of visually detectable flow as

determined under ASTM D-4359-90.

(140) "Solvent cleaning tanks or related equipment" means, 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.

(141) "Special purpose spray adhesive" means any of the aerosol adhesives identified in

subparagraphs (A) through (G) of this subdivision:

(A) Mounting adhesive, an aerosol adhesive designed to mount photographs, artwork

and any other drawn or printed media permanently to a backing without causing

discoloration to the artwork;

(B) Automotive engine compartment adhesive, an aerosol adhesive designed for use

in motor vehicle under-the-hood applications that require oil and plasticizer

resistance as well as high shear strength at temperatures of 200 to 275 degrees F;
Effective July 26, 2007 18

(c) Flexible vinyl adhesive, an aerosol adhesive designed to bond a nonrigid

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

content to substrates;

(D) Polystyrene foam adhesive, an aerosol adhesive designed to bond polystyrene

fbam to substrates;

(F)

Automotive headliner adhesive, an aerosol adhesive designed to bond together

layers in motor vehicle headliners;

Polyolefin adhesive, an aerosol adhesive designed to bond polyolefins to

substrates; and

Laminate repair or edgebanding adhesive, an aerosol adhesive designed for:

(i) Touch-up or repair of items laminated with sheet materials consisting of a

core material that has been laminated at temperatures exceeding 265

degrees F, and at pressttres between t,000 and 1,400 psi, or

(ii) Touch-up, repair or attachment of edgebanding materials, including but

not limited to, other laminates, synthetic marble, veneers, wood molding

and decorative metals.

(l 42) "Specialty adhesive remover" means a product designed to remove reactive adhesives

from a variety of substrates. For the purposes of this definition, "reactive adhesives" include

adhesives that require a hardener or catalyst for the bond to be formed, epoxies, urethanes and

silicones. "Specialty adhesive remover" does not include gasket or thread locking adhesive

remover.

(143) "Spot remover" means any product labeled to clean localized areas, or remove localized

spots or stains on cloth or fabric that does not require subsequent tanndering to achieve stain

removal. "Spot remover" does not include dry cleaning fluid, laundry pre-wash or multi-purpose

solvent.

(144) "Spray buff product" means a product designed to restore a worn floor finish in

conjunction with a floor buffing machine and special pad.

(145) "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.

(146) "Structural waterproof adhesive" means an adhesive with bond lines that are resistant to

conditions of continuous immersion in fresh or salt water and that conforms with Federal

Specification MMM-A-181D (Type l, Grade A).

(147) "Tire sealant and inflator" means any pressurized product that is designed to inflate and

seal a leaking tire for a short period of time.
Effective July 26, 2007 19

(148) °°Toilet!urinal care product" means any product designed or labeled to clean or deodorize

toilet bowls, toilet tanks or urinals. For the purpose of this definition, °°toilet bowls, toilet tanks

and urinals" include, but are not limited to, toilets or urinals counected 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. Bathroom and tile cleaner and general purpose cleaner are not considered "toilet/urinal

care products."

(149) °°Undercoating" means any aerosol product including, but not limited to, a rubberized,

mastic or asphaltic product designed to impart a protective, non-paint layer to the undercarriage,

trunk interior or the firewall of motor vehicles to prevent the formation of rust or to deaden

sound.

(150) "Vinyl/fabric/leather/polycarbonate coating" means a coating designed and labeled

exclusively to coat vinyl, fabric, leather or polycarbonate substrates.

(151) "VOC content" means the total weight of volatile organic components in a product

expressed as a percentage of the product weight exclusive of the container or packaging.

(152) "Wasp and hornet insecticide" means any insecticide product that is designed for use

against wasps, hornets, yellow jackets or bees and that allows the user to spray from a distance a

directed stream or burst at the intended insects or their hiding place.

(153) "Waterproofer" means a product that is not a l~abric protectant and that is designed and

labeled exclusively to repel water from fabric or leather substrates.

(154) "Wax" means a material or synthetic thermoplastic substance generally composed of high

molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except

glycerol, high polymers or plastics, including, but 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 paraNn and synthetic polymers such as polyethylene.

(155) "Web spray adhesive" means any aerosol adhesive that is not a mist spray or special

purpose spray adhesive.

(156) "Wood cleaner" means a product labeled to clean wooden materials including but not

limited to decking, fences, flooring, logs, cabinetry and furniture. ~°Wood cleaner" does not

include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper,

floor polish or wax or products designed and labeled exclusively to preserve or color wood.

(157) "Wood floor wax" means a wax-based product for use solely on wood floors.

(b) Applicability.

Except as provided in subsection (c) of this section, this section applies to any person who, on or

after January 1, 2009, sells, supplies, offers for sale or manufactures for sale in the state of

Co~mecticut any consmner product for use in the state of Connecticut.
Effective July 26, 2007 20

(c) Exemptions.

(1) This section shall not apply to any consumer product manufactured in Connecticut for

shipment, sale and use outside of Connecticut.

(2) This section shall not apply to a manufacturer or distributor who sells, supplies or offers

for sale in Connecticut a consumer product that does not comply with the VOC content limits

specified in Table 40-1 of this section provided that such manufacturer or distributor makes and

keeps records demonstrating:

(A) The consumer product is intended for shipment and use outside of Connecticut;

and

(B) The manufacturer or distributor has taken reasonable precautions to assure that

the consumer product is not distributed to or within Connecticut.

(3) Subdivision (2) of this subsection shall not apply to a consumer product that is sold,

supplied or offered fbr sale by any person to a retail outlet in Connecticut.

~ ............... ~vappty-t~.: ~ ......for which the manufacturer ebtaina cn~f-t~e

A

conditians attached to the ~ ......."-~

e-xemptien remai~

subsection ska!! submit .., ~., ............ ÷ ÷*’~: ..........~*~’~ "
Effective July 26, 2007 21

agreeme~

(8) The VOC content limits specified for atiperspirants o~ deodorants in Table 40-1 of this

section shall not apply to the followiug:

(A) Colorants up to a combined level of two percent by weight contained in ~y

antiperspirant or deodorant,

(B) Those VOCs that contain more tha ten carbon atoms per molecule ad for which

the vapor pressure is unknown, or that have a vapor pressure of 2 mm Hg or less

at 20°C, ~d

(C) The MVOC content limits shall not apply to ethanol.

(9) The VOC content limits specified in Table 40-1 of this section shall not apply to

bagrances up to a combined level of two percent by weight contained in any consumer product.

(10) The VOC content limits specified in Table 40-1 of this section shall not apply to any

LVP-VOC.

(1 I) For consumer products registered under FIF~:

(A) The requirements of subsection (e) of this section shall not apply; and

Prior to Jaunty l, 20]0, the VOC content limits of this section ~d additional

requirements in subsection (d) shall not apply.

(12) The VOC content limits specified in Table 40-1 of this section shall not apply to air

[resheners that are comprised entirely of fragrance, less compo~ds not defined as VOCs or

exempted under subdivision (10) of this subsection.

(1~) The VOC content limits specified in Table 40-1 of this section shall not apply to air

~esheners ~d insecticides containing at least 98 percent paradichlorobenzene.
Effective July 26, 2007 22

(14) The VOC content limits specified in Table 40-1 of this section shall not apply to

adhesives sold in containers of one fluid ounce or less.

(15) The VOC content limits specified in Table 40-1 of this section shall not apply to bait

station insecticides.

(16) The requirements of this section shall not apply to:

Contact adhesives sold in units of product, less packaging, of more than one

gallon; or

(B) Construction, panel and floor covering adhesives and general purpose adhesives

sold in units of product, less packaging, of more than one pound or sixteen (16)

fluid ounces.

(17) The requirements of this section shall not apply to a consumer product that is distributed

or transf?rred by a branch of the United States military to, from or within a premises operated by

that branch of the United States military.

(d) Standards.

(1) Except as provided in subsection (c) of this section, no person shall sell, supply or offer

fbr sale in the state of Connecticut any consumer product manufactured on or after January 1,

2009 or, on or after January 1, 2009, manufacture for sale in the state of Connecticut any

consumer product, unless such consumer product complies with the applicable VOC content

limits specified in Table 40-1 of this section and the requirements of this subsection.

(2) For consumer products that are diluted prior to use, the VOC content limits in Table 40-1

shall apply as follows:

(A) If the label, packaging or accompanying literature specify that the product should

be diluted with water or non-VOC solvent prior to use, the VOC content limits

specified in Table 40-1 shall apply to the product only after the minimum

recommended dilution has taken place;

(B) If the label, packaging or accompanying literature specify that the product should

be diluted with any VOC solvent prior to use, the VOC content limits specified in

Table 40-1 shall apply to the product only after the maximum recommended

dilution has taken place; and

(c) For the purposes of this subdivision, "minimum recommended dilution" shall not

include recommendations for incidental use of a concentrated product for limited

special applications such as hard-to-remove soils or stains.

(3) No person shall sell, supply or offer for sale in Connecticut after January 1, 2009 any

charcoal lighter material product unless at the time of the transaction, such person possesses

documentation showing that such product has been issued a currently effective certification by

the CARB pursuant to 17 CCR 94509(h).
Effective July 26, 2007 23

(4) No person shall sell, supply, offer for sale or manufacture for use in Connecticut after

January 1, 2009 any aerosol adhesive that exceeds the VOC content limits in Table 40-1 of this

section for consumer, industrial and commercial uses or that contains methylene chloride,

perchloroethylene or trichloroethylane. If an aerosol adhesive:

(A) Is sold as a special purpose spray adhesive, the product label shall indicate that

the adhesive is suitable only for substrates and applications identified in the

definition of special purpose spray adhesive in subsection (a) of this section. If

the product label indicates that the adhesive is suitable for use on any substrate or

application that is not identified in definition of special purpose spray adhesive in

subsection (a) of this section, then the product shall be classified as either a web

spray adhesive or a mist spray adhesive; and

(B) Meets more than one of the classifications for a special purpose spray adhesive as

defined in subsection (a) of this section, and the product is not classified as a web

spray adhesive or a mist spray adhesive pursuant to subparagraph (A) of this

subdivision, then the VOC content limit for the product shall be the lowest

applicable VOC content limit specified in Table 40-t.

(5) No person shall sell, supply, offer for sale or manufacture for use in Connecticut after

January 1, 2009 any contact adhesive, electronic cleaner, footwear or leather care product,

general purpose degreaser, adhesive remover, electrical cleaner or graffiti remover that contains

methylene chloride, perchloroethylene or trichloroethylene, except to the extent such compounds

are present as impurities in a combined amount less than or equal to 0.01% by weight.

(6) No person shall sell, supply, offer for sale or manufacture for use in Comaecticut any

consumer product for which a standard is specified in subdivision (1) of this subsection if such

consumer product contains any of the ozone depleting compounds listed in Table 40-2 of this

section, except as follows:

(A) An existing product formulation that complies with the applicable VOC content

limits in Table 40-1 of this section or an existing product formulation that is

reformulated to meet the applicable VOC content limits in Table 40-1, provided

the ozone depleting compound content of the reformulated product does not

increase; or

(B) A consumer product in which ozone depleting compounds are present as

impurities in an amount equal to or less than 0.01% by weight of the product.

(7) No person shall sell, supply, offer tbr sale or manufacture for sale in Connecticut any

antiperspirant or deodorant that contains any compound that has been identified by CARB in !7

CCR 93000 as a toxic air contaminant.

(8) No person shall sell, supply, offer for sale or manufacture for use in Connecticut any

solid air freshener or toilet!urinal care product that contains para-dichlorobenzene.

(9) If a representation is made on the display panel of any consumer product, except a

general purpose cleaner, an antiperspirant or a deodorant product, that the product may be used
Effective July 26, 2007 24

as, or, is suitable for use as, a consumer product for which a lower VOC standard is specified in

Table 40-I of this section, then the lowest VOC standard shall apply.

(10) To determine whether a product is an air freshener, all verbal and visual representations

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

may be considered. The presence of, and representations about, a product’s fragrance and ability

to deodorize resulting from surface application shall not constitute a claim of air freshening.

(e) Container labeling.

(1) Each manufacturer of a consumer product subject to subsection (d) of this section shall

clearly display on each consumer product container or package, the date on which the product

was manufactuied or a code indicating such date, as follows:

(A) The date or date-code information shall be readily observable on the container

without disassembling the container or packaging; and

The date or date-code shall be displayed on each consumer product container or

package no later than January 1, 2008.

(2) No person shall erase, alter, deface or otherwise remove or make illegible any date or

date-code from any regulated product container prior to final sale of the product without the

express authorization of the manufacturer. The requirements of this subdivision shall not apply

to products containing no VOCs or containing VOCs at 0.10% by weight or less.

(3) If a manufacturer uses a code indicating the date of manufacture for any consumer

product subject to subsection (d) of this section, an explanation of the code must be available to

the commissioner upon request no later than January 1, 2008.

(4) On and after January 1, 2009, the product container for any aerosol adhesive product

subject to this section shall display the following information:

(a) The aerosol adhesive category as specified in Table 40-1 or an abbreviation of the

category;

(B) The applicable VOC standard for the product that is specified in Table 40-1,

expressed as a percent by weight; and

(c) If the product is classified as a special purpose spray adhesive, the applicable

substrate, the application or an abbreviation of the substrate or application that

qualifies the product as special purpose.

(5) On and after January 1, 2009, no personal shall sell, supply, offer for sale or manufacture

fbr sale in Connecticut any non-aerosol floor wax stripper subject to this section unless the

following requirements are met:

(A) The label shall specify a dilution ratio for light or medium build-up of polish that

results in an as-used VOC concentration of three percent (3%) by weight or less,
Effective July 26, 2007 25

(B)

but the terms "light build-up" and "medium build-up" may or may not appear on

the label; and

If intended for removal of heavy build-up of polish, the label shall specify a

dilution ratio for heavy build-up of polish that results in an as-used VOC

concentration of twelve percent (12%) by weight or less, but the term "heavy

build-up" may or may not appear on the label.

(6) On and after January 1, 2009, the product container for any adhesive remover, electTonic

cleaner, electrical cleaner or contact adhesive product subject to this section shall display the

following information:

(A) The product category as specified in Table 40-1 or an abbreviation of the

category; and

(B) The applicable V0C standard for the product that is specified in Table 40-1,

expressed as a percent by weight.

(f) Compliance procedures and testing.

(1) Any person who sells, supplies, offers for sale or mannfactures a consumer product on or

after January 1, 2009 for sale in Connecticut shall possess documentation that such consumer

product was tested to determine compliance with the applicable VOC content limits in Table 40-

1 of this section prior to being offered for sale in Connecticut.

(2) Testing as required by subdivision (1) of this subsection shall use one of the following

test methods:

(A) CARB Method 310, Determination of Volatile Organic Compound (VOC) in

Consumer Products, as adopted by CARB on September 25, 1997, and as in effect

on the effective date of this section;

(B) Product formulation and records pursuant to subdivision (3) of this subsection;

(3) VOC content calculated from product formulation and records shall use the following

equation:

Where:

VOC Content = B-C x 100

A

A= total weight of unit (excluding container and packaging).

B= total weight of all VOCs per unit.

C= total weight of VOCs exempted by this section,.per unit.
Effective July 26, 2007 26

(4) If a compliance determination made using product records pursuant to subdivision (2)(B)

of this subsection appears to demonstrate compliance With the VOC content limits, but such

determination is contradicted by product testing performed pursuant to subdivision (2)(A) of this

subsection, the results of the demonstration made pursuant to subdivision (2)(A) shall take

precedence over the demonstration made pursuant to subdivision (2)(B) and may be used to

establish a violation of the requirements of this section.

(5) If any consumer product testing in accordance with this subsection requires determination

of whether a product is a liquid or a solid, the determination shall be made using ASTM D4359-

90, May 25, 1990.

(6) Any flexible vinyl adhesive determination of plasticizer shall be made using ASTM

E260-96 "Standard Practice for Packed Column Gas Ct~romotography," as re-approved in 2001.

(7) Testing to determine compliance with the certification requirements for charcoal lighter

material shall be perti)rmed using the procedures specified in the South Coast Air Quality

Management District Rule 1174 Ignition Method Compliance Certification Protocol.

(8) Testing to determine distillation points of petroleum distillate-based charcoal lighter

materials shall be performed using ASTM D 86-90, September 28, 1990.

(9) The following methods shall be used, as necessary, to determine if a chemical compound

or mixture satisfies one of the criteria as a "LVP-VOC" as defined in subsection (a) of this

section:

(a) CARB Method 310, as adopted by CARB on September 25, 1997 and as in effect

on the effective date of this section, shall be used to determine the vapor pressure

or boiling point; and

(B) The number of carbon atoms shall be verifiable by tbrmulation data.

(g) Record keeping.

(1) Any person who on or after January 1, 2009 sells, supplies, offers for sale or

manufactures for sale in Connecticut any consumer product shall maintain records of the

information necessary for the commissioner to determine compliance with the requirements of

this section.

(2) The commissioner may make a compliance determination for a product pursuant to

subsection (f)(2)(B) of this section only if the manufacturer of that product maintains accurate

records for each day of production of the amount and chemical composition of the individual

product constituents.

(3)

be:

All records made to demonstrate compliance with the requirements of this section shall

(A) Made available to the commissioner and the Administrator to inspect and copy

upon request; and
Effective July 26, 2007 27

(B) Maintained for five (5) years from the date such record is created.

(4) No person shall create, alter, l~a!sify or otherwise modify records in such a way that the

records do not accurately reflect the constituents used to manufacture a product, the chemical

composition of a product or any other test, processes or records created in connection with

product manufacture.

(h) Reporting.

(1) Upon written notice, the commissioner may require any responsible party to report

information for any consumer product including, but not limited to, the following information:

(A) The name, address, telephone number and designated contact person of the

responsible party;

(B) The product brand name and label;

(C) The category to which the consumer product belongs;

(D) The applicable product form or forms listed separately;

(E) An identification of each product brand name and form as a household product,

industrial and institutional product, or both;

(F) For each product form and for the previous three years, Connecticut sales in

pounds per year, to the nearest pound, and the method used to calculate sales for

each product form;

(G) For registrations submitted by two companies, an identification of the company

that is Submitting relevant data separate from that submitted by the responsible

party;

(H) For each product brand name and form, the net percent by weight of the total

product, less container and packaging, comprised of the following, rounded to the

nearest one-tenth of a percent (0.1%);

(i) Total exempt compounds,

(ii) Total LVP-VOCs that are not fragrances,

(iii) Total of all other compounds that contain at least one carbon atom, that are

not exempt compounds or LVP-VOCs and that are not fragrances,

(iv) Total of all non-carbon containing compounds,

(v) Total fragrance,
Eft¥ctive July 26, 2007 28

(vi) For products containing greater than two percent (2%) by weight

fragrance, the percent of fragrance that is LVP-VOCs and the percent of

fragrance that is all other compounds that contain at least one carbon atom

and are not exempt compounds or LVP-VOCs, and

(vii) Total paradichtorobenzene;

The nmne, CAS number and percent weight of each VOC constituent in the

product;

(J) The name and CAS number of any exempt compounds in the product;

(K) If applicable, the weight percent comprised of propellant for each product and the

type of propellant; and

(L) The net percent by weight of each ozone-depleting compound that is:

(i) Listed in Table 40-2, and

(ii) Contained in a product subject to this section in any amount greater than

one-tenth percent (0.1%) by ~veight.

(2) For consumer products that are subject to subsection (d)(1) of this section and Contain

perchloroethylene or methylene chloride, the commissioner may require, upon 90 days written

notice, the responsible party to report the following information for products sold in Connecticut

during each of the 2009 through 2010 calendar years:

(A) The product brmld name and a copy of the product label with legible usage

instructions;

(B)

(C)

(D)

The product category to which the consumer product belongs;

The applicable product form or forms, separately listed;

For each product form listed under subparagraph (C) of this subdivision, the total

sales in Cortnecticut during the reported year, to the nearest pound, exclusive of

the container or packaging, and the method used for calculating the Connecticut

sales; and

(E) The weight percent, to the nearest one-tenth percent (0.10 percent), of

perchloroethylene or methylene chloride.

(3) For the purposes of subdivision (2) of this subsection, a product contains

perchloroethylene or methylene chloride if the product contains one percent (1.0%) or more by

weight, exclusive of the container or packaging, of either perchloroethylene or methylene

chloride2

(4) Any document submitted to the commissioner pursuant to this section shall include a

certification signed by an individual identified in section 22a-174-2a(a)(1) of the Regulations of
Effective July 26, 2007 29

Connecticut State Agencies, and by the individual or individuals responsible for actually

preparing such document, each of whom shall examine and be familim with the information

submitted in the document and all attachments thereto, and shall inquire of those individuals

responsible for obtaining the information to determine that the information is true, accurate, and

complete, and each of whom shall certify in ~vriting as follows:

"I have personally examined and am familiar with the information submitted in this

document and all attachments thereto, and I certify that based on reasonable

investigation, including my inquiry of those individuals responsible for obtaining the

information, the submitted information is true, accurate and complete to the best of my

knowledge and belief, i understand that any false statement made in the submitted

infon~aation may be punishable as a criminal offense under section 22a-175 of the

Connecticut General Statutes, under section 53a-157b of the Connecticut General

Statutes, and in accordance with any applicable statute."

(5) Any document required to be submitted to the commissioner pursuant to this subsection

shall be submitted as a paper copy, with supporting data in either paper or electronic format, and

the submitter shall maintain such a report at the premises as a paper copy with any supporting

data in the format submitted for a period of five (5) years from the date of submission to the

commissioner.

(6) To determine Connecticut sales pursuant to this section, if direct sales data for

Comaecticut are not available, sales may be estimated by prorating national or regional sales data

by population.

(i) Severability.

Each provision of this section is deemed severable, and, in the event that any provision of

this section is held to be invalid, the remainder of this section shall continue in full force and

effect.
Effective July 26, 2007 30

Table 40-1. VOC Content Limits for Listed Product Categories.

PRODUCT CATEGORY VOC CONTENT LIMIT

(PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGHT)

Adhesives

Aerosol - Mist Spray 65

Aerosol - Web Spray 55

Contact - General Purpose 55

Contact - Special Purpose 80

Special Purpose Spray Adhesives: Mounting, 7O

Automotive Engine Compartment, and

Flexible Vinyl

Special Purpose Spray Adhesives: Polystyrene 65

Foam and Automotive Headliner

Special Purpose Spray Adhesives: Polyolefin; 6O

and Laminate Repair or Edgebanding

Construction, Panel and Floor Covering t5

General Purpose 10

Structural Waterproof __15

Adhesive Removers

Floor or Wall Covering 5

Gasket or Thread Locking 5O

General Propose 20

Specialty 70

Aerosol Cooking Spray 18

Air Freshener

Single-Phase Aerosols 30

Double-Phase Aerosols 25

Liquids or Pump Sprays 18

Solids and Semi-solids 3

Antiperspirants

Aerosol 40 HVOC

10 MVOC

Non-Aerosol 0 HVOC

0 MVOC

Anti-Static Products - Non-aerosol 11

Automotive Brake Cleaners 45

Automotive Rubbing or Polishing 17

Compounds

Automotive Waxes, Polishes, Sealants or

Glazes

Hard Paste Wax 45

Instant Detailer 3

All Other Forms 15
Effective July 26, 2007 31

PRODUCT CATEGORY VOC CONTENT LIMIT

(PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGHT)

Automotive Windshield Washer Fluid 35

Bathroom and Tile Cleaners

Aerosols 7

All Other Forms 5

~ and Tar Remover 40

Carburetor or Fuel-Injection Air Intake 45

Cleaners

Carpet and Upholstery Cleaners

Aerosols 7

Non-Aerosols (Dilutables) 0.1

Non-Aerosols (Ready-m-Use) 3

Charcoal Lighter Material See subsection (d)(3) of this section

Deodorants

Aerosol 0 HVOC

10 MVOC

Non-Aerosol 0 HVOC

0 MVOC

Dusting aids

Aerosol 25

All Other Forms 7

Electrical Cleaner 45

Electronic Cleaner 75

Engine Degreasers

Aerosol 35

Non-Aerosol 5

Fabric Protectants 6O

Fabric Refresher

Aerosol 15

Non-Aerosol 6

Floor Polish or Wax

For Flexible Flooring Material 7

For Nonresilient Flooring 10

Wood Floor Wax 9O

Floor Wax Strippers (Non-Aerosol) See subsection (0(5) of this section

Footwear or Leather Care

Aerosol 75

Solid 55

All Other Forms 15

Furniture Maintenance Products

Aerosols 17

All Other Forms Except Solid and Paste 7
Effective July 26, 2007 32

PRODUCT CATEGORY VOC CONTENT LIMIT ’

(PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGHT)

General Purpose Cleaners

Aerosols 10

Non-Aerosols 4

General Purpose Degreasers

Aerosols 50

Non-aerosols 4

Glass Cleaners

Aerosols 12

Non-Aerosols 4

Graffiti Remover

Aerosol 50

Non-Aerosol 30

Hair Mousses 6

Hairshines

~rays __ 55

Hair Styling Product

Aerosol and Pump Spray 6

All Other Forms 2

_Heavy-Duty Hand Cleaner 8

Insecticides

Crawling Bug (aerosol) 15

Crawling Bug (all other forms) 20

Flea and Tick 25

Flying Bug (aerosol) 25

Flying Bug (all other forms) 35

Foggers 45

Lawn and Garden (non-aerosol) 3

Lawn and Garden (all other forms) 20

Wasp and Hornet 40

Laundry Prewash

Aerosols or Solids 22

All Other Forms 5

Laundry Starch Products 5

Metal Polishes/Cleansers 3O

Multi-Purpose Lubricant (Excluding Solid 50

or Semi-Solid Products)

Nail Polish Remover 75

Non-Selective Terrestrial Herbicide Non- 3

Aerosols

Oven Cleaners

Aerosols or Pump Sprays 8

Liquids 5
Effective July 26, 2007 33

PRODUCTCATEGORY

Paint Remover or Strippers

Penetrants

Rubber and Vinyl Protectants

Non-Aerosols

Aerosols

Sealants and Caulking Compounds

Shaving Creams

Shaving Gel

Silicone-Based Multi-Purpose Lubricants

(Excluding Solid or Semi-Solid Products)

S_pot Removers

Aerosols

Non-Aerosols

Tire Sealants and Inflators

Toilet/Urinal Care Product

Aerosol

Non-Aerosol

Undercoatings - Aerosols

Wood Cleaner

Aerosol

Non-Aerosol

VOC CONTENT LIMIT

~PERCENT VOLATILE ORGANIC COMPOUNDS

BY WEIGItT)

50

50

3

10

4

5

7

6O

25

8

20

10

3

40

17

4

Table 40-2. Prohibited Ozone-Depleting

CFC-11 (trichloroflouromethane)

CFC-113 (!,l,l-trichloro-2,2,2-tritluoroethane)

CFC-115 (chloropentafluoroethane)

halon 1301 (bromotrifluoromethane)

HCFC-22 (chlorodifluoromethane)

HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane)

HCFC- 141 b (1,1-dichloro- 1 -fluoroethane)

1,1, I -trichloroethane

Compounds.

CFC- 12 (dichlorodiflouromethm~e)

CFC- 114 ( 1 -chloro- 1, t -difluoro-2-chloro-2,2-

difluoroethane)

halon 1211 (bromochlorodifluoromethane)

halon 2402 (dibromotetraflouroethane)

HCFC-124 (2-chloro-l,l,l,2-

tetrafluoroethane)

HCFC- 142b ( 1 -chloro- 1,1 -difluoroethane)

carbon tetrachloride