ENCLOSURE 2 

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES 

AND COMPLIANCE WITH 

STATE ADMINISTRATIVE PROCEDURES 

As required by 40 CFR 51.102 and Section 2.1 of Appendix V of 40 CFR Part 51, the 

following information regarding public participation activities and compliance with state 

administrative procedures is provided. 

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR Part 51.102(a), the public was given notice of the opportunity to 

submit written comments concerning a proposed revision to the Commonwealth of 

Virginia State Implementation Plan. The notice was provided in the Washington Times

for the National Capital Interstate Air Quality Control Region and the Fredericksburg 

Free-Lance Star for the Northeastern Virginia Intrastate Air Quality Control Region, on 

June 8, 2009. In the same notices, as required by 40 CFR Part 51.102(a) and (d)(1) and 

(2), the public was also given notice of a public hearing along with the location of the 

proposal for public inspection. The attached copy of the notice published in the 

Washington Times provides the evidence required by Section 2.1(f) of Appendix V of 40 

CFR Part 51. 

As required by 40 CFR 51.102(a), a hearing to accept public testimony concerning the 

proposed revision was held in Conference Room 1, Department of Environmental 

Quality Northern Virginia Regional Office, 13901 Crown Court, Woodbridge, Virginia, at 

10:00 am on July 22, 2009. As required by 40 CFR 51.102(f) and Section 2.1(g) of 

Appendix V of 40 CFR Part 51, the hearing was held in accordance with the information 

found in the public notice, and according to the state's laws and the requirements of 40 

CFR 51.102. 

The Regional Administrator for the U.S. Environmental Protection Agency was notified 

of the hearing, as was each local air pollution control agency which will be significantly 

affected by the revision and is located in the affected Air Quality Control Regions. In 

addition, the District of Columbia, Maryland and Tennessee, which share affected 

interstate Air Quality Control Regions with Virginia, were notified of the hearing. These 

notifications follow the requirements of 40 CFR Part 51.102(d)(3), (4) and (5). 

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

As required by Section 2.1(b) of Appendix V of 40 CFR Part 51, the regulation 

amendments were published in the Virginia Register of Regulations on February 15, 

2010 after being duly adopted by the State Air Pollution Control Board on November 20, 

2009, certified by the Office of the Attorney General as within the Board’s statutory 
authority on November 23, 2009 and thus fully enforceable under Virginia law, and 

submitted to the Virginia Registrar on behalf of the Board by the Department of 

Environmental Quality as a true and accurate copy of the duly adopted regulation on 

January 25, 2010, providing the evidence required by Section 2.1(b) and (e) of 

Appendix V of 40 CFR Part 51. As required by Section 2.1(d) of Appendix V of 40 CFR 

Part 51, a copy of the actual regulation submitted for approval and incorporation by 

reference into the Commonwealth of Virginia State Implementation Plan is attached, 

along with the effective date of March 17, 2010. 

Only those provisions of the final regulation which are not marked out on the attached 

copy are to be considered part of the Virginia State Implementation Plan. 

TEMPLATES\SIP-REG\REG02-PH 

SIP\NONATTN PLANS\2010\D06-SIP-2.DOC 

Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1878

telephone (804) 786-2291, FAX (804) 786-6141, or email 

david.dowling@dcr.virginia.gov.

VA.R. Doc. No. R08-587; Filed January 26, 2010, 12:59 p.m. 

 –––––––––––––––––– 

TITLE 9. ENVIRONMENT

STATE AIR POLLUTION CONTROL BOARD

Final Regulation

Titles of Regulations: 9VAC5-20. General Provisions

(amending 9VAC5-20-21).

9VAC5-45. Consumer and Commercial Products (adding 

9VAC5-45-10 through 9VAC5-45-850).

Statutory Authority: § 10.1-1308 of the Code of Virginia.

Effective Date: March 17, 2010. 

Agency Contact: Gary E. Graham, Regulatory Analyst, 

Department of Environmental Quality, 629 East Main Street, 

P.O. Box 1105, Richmond, VA 23218, telephone (804) 698-

4103, FAX (804) 698-4510, or email 

gegraham@deq.virginia.gov.

Summary:

A new chapter (9VAC5-45) is established for the control of 

volatile organic compound (VOC) emissions from various 

consumer and commercial products in the Northern 

Virginia and Fredericksburg VOC Emissions Control 

Areas. The new chapter consists of two parts. The first part 

contains general requirements pertaining to all of the types 

of consumer and commercial products regulated. The 

second part is composed of articles that contain VOC 

content and emission standards for individual types of 

consumer products and contain the control technology, 

testing, monitoring, administrative, recordkeeping, and 

reporting requirements necessary to determine compliance 

with each of the applicable standards.

The new chapter includes two articles that control VOC 

emissions from portable fuel containers and spouts. These 

articles implement design, performance, and labeling 

standards for portable fuel container products before and 

after August 1, 2010, and prohibit owners from 

manufacturing, distributing, and selling noncompliant 

products.

The new chapter includes two articles that control VOC 

emissions from certain types of consumer products. These 

articles implement VOC content standards for some 

individual product categories before and after August 1, 

2010, and prohibit owners from manufacturing, 

distributing, advertising, or selling noncompliant products.

The new chapter includes an article for the control of VOC 

emissions from architectural and industrial maintenance 

coatings that implements VOC content standards for all 

such coating products and prohibits owners from 

manufacturing, distributing, selling, and using 

noncompliant products.

The new chapter includes an article that controls VOC 

emissions from adhesives, adhesive primers, sealants, and 

sealant primers that implements VOC content limits for 

those products and prohibits owners from manufacturing, 

distributing, selling, or applying noncompliant products.

Finally, the new chapter includes an article that controls 

VOC emissions from asphalt paving operations, which 

prescribes the use of emulsified asphalt coatings except for 

the purpose of coating residential driveways and prohibits 

the mixing, storage, and application of noncompliant 

products.

In the final regulation, the applicability dates and 

compliance dates for the new VOC emissions standards for 

portable fuel containers, consumer products, and 

adhesives and sealants are revised from January 1, 2009, 

to August 1, 2010. Also, some recordkeeping requirements 

have been reduced from five years to three years. Finally, 

a phase-in period is established for standards that apply to 

the use of single-ply roof membrane adhesives and 

sealants, and the compliance date for manufacturing, 

distribution, and sale of those products is delayed until the 

phase-in period has been completed.

Summary of Public Comments and Agency's Response: A 

summary of comments made by the public and the agency's 

response may be obtained from the promulgating agency or 

viewed at the office of the Registrar of Regulations. 

9VAC5-20-21. Documents incorporated by reference. 

A. The Administrative Process Act and Virginia Register 

Act provide that state regulations may incorporate documents 

by reference. Throughout these regulations, documents of the 

types specified below have been incorporated by reference.

1. United States Code.

2. Code of Virginia.

3. Code of Federal Regulations.

4. Federal Register.

5. Technical and scientific reference documents.

Additional information on key federal regulations and 

nonstatutory documents incorporated by reference and their

availability may be found in subsection E of this section.

B. Any reference in these regulations to any provision of the 

Code of Federal Regulations (CFR) shall be considered as the 

adoption by reference of that provision. The specific version 

of the provision adopted by reference shall be that contained 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1879

in the CFR (2008) in effect July 1, 2008. In making reference 

to the Code of Federal Regulations, 40 CFR Part 35 means 

Part 35 of Title 40 of the Code of Federal Regulations; 40 

CFR 35.20 means § 35.20 in Part 35 of Title 40 of the Code 

of Federal Regulations.

C. Failure to include in this section any document referenced 

in the regulations shall not invalidate the applicability of the 

referenced document.

D. Copies of materials incorporated by reference in this 

section may be examined by the public at the central office of 

the Department of Environmental Quality, Eighth Floor, 629 

East Main Street, Richmond, Virginia, between 8:30 a.m. and 

4:30 p.m. of each business day.

E. Information on federal regulations and nonstatutory 

documents incorporated by reference and their availability 

may be found below in this subsection.

1. Code of Federal Regulations.

a. The provisions specified below from the Code of 

Federal Regulations (CFR) are incorporated herein by 

reference.

(1) 40 CFR Part 50-National Primary and Secondary 

Ambient Air Quality Standards.

(a) Appendix A -- Reference Method for the 

Determination of Sulfur Dioxide in the Atmosphere 

(Pararosaniline Method).

(b) Appendix B -- Reference Method for the 

Determination of Suspended Particulate Matter in the 

Atmosphere (High-Volume Method).

(c) Appendix C -- Measurement Principle and 

Calibration Procedure for the Continuous Measurement 

of Carbon Monoxide in the Atmosphere (Non-Dispersive 

Infrared Photometry).

(d) Appendix D -- Measurement Principle and 

Calibration Procedure for the Measurement of Ozone in 

the Atmosphere.

(e) Appendix E -- Reserved.

(f) Appendix F -- Measurement [ Principle Principle ] and 

Calibration Procedure for the Measurement of Nitrogen 

Dioxide in the Atmosphere (Gas Phase 

Chemiluminescence).

(g) Appendix G -- Reference Method for the 

Determination of Lead in Suspended Particulate Matter 

Collected from Ambient Air.

(h) Appendix H -- Interpretation of the National Ambient 

Air Quality Standards for Ozone.

(i) Appendix I -- Interpretation of the 8-Hour Primary 

and Secondary National Ambient Air Quality Standards 

for Ozone.

(j) Appendix J -- Reference Method for the 

Determination of Particulate Matter as PM10 in the 

Atmosphere.

(k) Appendix K -- Interpretation of the National Ambient 

Air Quality Standards for Particulate Matter.

(l) Appendix L - Reference Method for the 

Determination of Fine Particulate Matter as PM2.5 in the 

Atmosphere.

(m) Appendix M - Reserved.

(n) Appendix N - Interpretation of the National Ambient 

Air Quality Standards for PM2.5.

(o) Appendix O - Reference Method for the 

Determination of Coarse Particulate Matter as PM in the 

Atmosphere.

(p) Appendix P - Interpretation of the Primary and 

Secondary National Ambient Air Quality Standards for 

Ozone.

(q) Appendix Q - Reference Method for the 

Determination of Lead in Suspended Particulate Matter 

as PM10 Collected from Ambient Air.

(r) Appendix R - Interpretation of the National Ambient 

Air Quality Standards for Lead.

(2) 40 CFR Part 51 -- Requirements for Preparation, 

Adoption, and Submittal of Implementation Plans.

[ (a) ] Appendix M -- Recommended Test Methods for 

State Implementation Plans.

[ (a) (b) ] Appendix S -- Emission Offset Interpretive 

Ruling.

[ (b) (c) ] Appendix W -- Guideline on Air Quality 

Models (Revised).

[ (c) (d) ] Appendix Y - Guidelines for BART 

Determinations Under the Regional Haze Rule.

(3) 40 CFR Part 58 -- Ambient Air Quality Surveillance.

Appendix A - Quality Assurance Requirements for 

SLAMS, SPMs and PSD Air Monitoring.

(4) 40 CFR Part 60 -- Standards of Performance for New 

Stationary Sources.

The specific provisions of 40 CFR Part 60 incorporated 

by reference are found in Article 5 (9VAC5-50-400 et 

seq.) of Part II of 9VAC5-50 (New and Modified 

Sources).

(5) 40 CFR Part 61 -- National Emission Standards for 

Hazardous Air Pollutants.

The specific provisions of 40 CFR Part 61 incorporated 

by reference are found in Article 1 (9VAC5-60-60 et 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1880

seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant 

Sources).

(6) 40 CFR Part 63 -- National Emission Standards for 

Hazardous Air Pollutants for Source Categories.

The specific provisions of 40 CFR Part 63 incorporated 

by reference are found in Article 2 (9VAC5-60-90 et 

seq.) of Part II of 9VAC5-60 (Hazardous Air Pollutant 

Sources).

(7) 40 CFR Part 59, Subpart D-National Volatile Organic 

Compound Emission Standards for Architectural 

Coatings, Appendix A -- "Determination of Volatile 

Matter Content of Methacrylate Multicomponent 

Coatings Used as Traffic Marking Coatings."

(8) 40 CFR Part 64, Compliance Assurance Monitoring.

(9) 40 CFR Part 72, Permits Regulation.

(10) 40 CFR Part 73, Sulfur Dioxide Allowance System.

(11) 40 CFR Part 74, Sulfur Dioxide Opt-Ins.

(12) 40 CFR Part 75, Continuous Emission Monitoring.

(13) 40 CFR Part 76, Acid Rain Nitrogen Oxides 

Emission Reduction Program.

(14) 40 CFR Part 77, Excess Emissions.

(15) 40 CFR Part 78, Appeal Procedures for Acid Rain 

Program.

(16) 40 CFR Part 59 Subpart C, National Volatile 

Organic Compound Emission Standards for Consumer

Products.

(17) 40 CFR Part 152 [ , ] Subpart I, Classification of 

Pesticides.

(18) 49 CFR Part 172, Hazardous Materials Table. 

Special Provisions, Hazardous Materials 

Communications, Emergency Response Information, and 

Training Requirements, Subpart E, Labeling.

(19) 29 CFR Part 1926 [ , ] Subpart F, Fire Protection 

and Prevention.

b. Copies may be obtained from: Superintendent of 

Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 

15250-7954; phone (202) 783-3238.

2. U.S. Environmental Protection Agency.

a. The following documents from the U.S. Environmental 

Protection Agency are incorporated herein by reference:

(1) Reich Test, Atmospheric Emissions from Sulfuric 

Acid Manufacturing Processes, Public Health Service 

Publication No. PB82250721, 1980.

(2) Compilation of Air Pollutant Emission Factors (AP42). Volume I: Stationary and Area Sources, stock 

number 055-000-00500-1, 1995; Supplement A, stock 

number 055-000-00551-6, 1996; Supplement B, stock 

number 055-000-00565, 1997; Supplement C, stock 

number 055-000-00587-7, 1997; Supplement D, 1998; 

Supplement E, 1999.

(3) "Guidelines for Determining Capture Efficiency [ ,"" 

(GD-35), ] Emissions Monitoring and Analysis Division, 

Office of Air Quality Planning and Standards, January 9, 

1995.

b. Copies of the document identified in subdivision E 2 a 

(1) of this subdivision, and Volume I and Supplements A 

through C of the document identified in subdivision E 2 a 

(2) of this subdivision, may be obtained from: U.S. 

Department of Commerce, National Technical 

Information Service, 5285 Port Royal Road, Springfield, 

Virginia 22161; phone 1-800-553-6847. Copies of 

Supplements D and E of the document identified in 

subdivision E 2 a (2) [ of this subdivision ] may be 

obtained online from EPA's Technology Transfer 

Network at http://www.epa.gov/ttn/index.html. Copies of 

the document identified in subdivision E 2 a (3) of this 

subdivision are only available online from EPA's 

Technology Transfer Network at 

http://www.epa.gov/ttn/emc/guidlnd.html.

3. U.S. government.

a. The following document from the U.S. government is 

incorporated herein by reference: Standard Industrial 

Classification Manual, 1987 (U.S. Government Printing 

Office stock number 041-001-00-314-2).

b. Copies may be obtained from: Superintendent of 

Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 

15250-7954; phone (202) 512-1800.

4. American Society for Testing and Materials (ASTM).

a. The documents specified below from the American 

Society for Testing and Materials are incorporated herein 

by reference.

(1) D323-99a, "Standard Test Method for Vapor Pressure 

of Petroleum Products (Reid Method)."

(2) D97-96a, "Standard Test Method for Pour Point of 

Petroleum Products."

(3) D129-00, "Standard Test Method for Sulfur in 

Petroleum Products (General Bomb Method)."

(4) D388-99, "Standard Classification of Coals by Rank."

(5) D396-98, "Standard Specification for Fuel Oils."

(6) D975-98b, "Standard Specification for Diesel Fuel 

Oils."

(7) D1072-90(1999), "Standard Test Method for Total 

Sulfur in Fuel Gases."
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1881

(8) D1265-97, "Standard Practice for Sampling Liquefied 

Petroleum (LP) Gases (Manual Method)."

(9) D2622-98, "Standard Test Method for Sulfur in 

Petroleum Products by Wavelength Dispersive X-Ray 

Fluorescence Spectrometry."

(10) D4057-95(2000), "Standard Practice for Manual

Sampling of Petroleum and Petroleum Products."

(11) D4294-98, "Standard Test Method for Sulfur in 

Petroleum and Petroleum Products by Energy-Dispersive 

X-Ray Fluorescence Spectroscopy."

(12) D523-89, "Standard Test Method for Specular 

Gloss" (1999).

(13) D1613-02, "Standard Test Method for Acidity in 

Volatile Solvents and Chemical Intermediates Used in 

Paint, Varnish, Lacquer and Related Products" (2002).

(14) D1640-95, "Standard Test Methods for Drying, 

Curing, or Film Formation of Organic Coatings at Room 

Temperature" (1999).

(15) E119-00a, "Standard Test Methods for Fire Tests of 

Building Construction Materials" (2000).

(16) E84-01, "Standard Test Method for Surface Burning 

Characteristics of Building Construction Materials" 

(2001).

(17) D4214-98, "Standard Test Methods for Evaluating 

the Degree of Chalking of Exterior Paint Films" (1998).

(18) D86-01 D86-04b, "Standard Test Method for 

Distillation of Petroleum Products at Atmospheric 

Pressure" (2001) (2004).

(19) D4359-90, "Standard Test Method for Determining 

Whether a Material is a Liquid or a Solid" (reapproved 

2000).

(20) E260-96, "Standard Practice for Packed Column 

Gas Chromatography" (reapproved 2001).

(21) D3912-95, "Standard Test Method for Chemical 

Resistance of Coatings Used in Light-Water Nuclear 

Power Plants" (reapproved 2001).

(22) D4082-02, "Standard Test Method for Effects of 

Gamma Radiation on Coatings for Use in Light-Water 

Nuclear Power Plants."

(23) F852-99, "Standard Specification for Portable 

Gasoline Containers for Consumer Use" (reapproved 

2006).

(24) F976-02, "Standard Specification for Portable 

Kerosine and Diesel Containers for Consumer Use."

(25) D4457-02, "Standard Test Method for 

Determination of Dichloromethane and 1,1,1-

Trichloroethane in Paints and Coatings by Direct 

Injection into a Gas Chromatograph" (reapproved 2008).

(26) D3792-05, "Standard Test Method for Water 

Content of Coatings by Direct Injection Into a Gas 

Chromatograph."

(27) D2879-97, "Standard Test Method for Vapor 

Pressure-Temperature Relationship and Initial 

Decomposition Temperature of Liquids by Isoteniscope" 

(reapproved 2007).

b. Copies may be obtained from: American Society for 

Testing Materials, 100 Barr Harbor Drive, West 

Conshohocken, Pennsylvania 19428-2959; phone (610) 

832-9585.

5. American Petroleum Institute (API).

a. The following document from the American Petroleum 

Institute is incorporated herein by reference: Evaporative 

Loss from Floating Roof Tanks, API MPMS Chapter 19, 

April 1, 1997.

b. Copies may be obtained from: American Petroleum 

Institute, 1220 L Street, Northwest, Washington, D.C. 

20005; phone (202) 682-8000.

6. American Conference of Governmental Industrial 

Hygienists (ACGIH).

a. The following document from the ACGIH is 

incorporated herein by reference: 1991-1992 Threshold 

Limit Values for Chemical Substances and Physical 

Agents and Biological Exposure Indices (ACGIH 

Handbook).

b. Copies may be obtained from: ACGIH, 1330 Kemper 

Meadow Drive, Suite 600, Cincinnati, Ohio 45240; 

phone (513) 742-2020.

7. National Fire Prevention Association (NFPA).

a. The documents specified below from the National Fire 

Prevention Association are incorporated herein by 

reference.

(1) NFPA 385, Standard for Tank Vehicles for 

Flammable and Combustible Liquids, 2000 Edition.

(2) NFPA 30, Flammable and Combustible Liquids 

Code, 2000 Edition.

(3) NFPA 30A, Code for Motor Fuel Dispensing 

Facilities and Repair Garages, 2000 Edition.

b. Copies may be obtained from the National Fire 

Prevention Association, One Batterymarch Park, P.O. 

Box 9101, Quincy, Massachusetts 02269-9101; phone 

(617) 770-3000.

8. American Society of Mechanical Engineers (ASME).
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1882

a. The documents specified below from the American 

Society of Mechanical Engineers are incorporated herein 

by reference.

(1) ASME Power Test Codes: Test Code for Steam 

Generating Units, Power Test Code 4.1-1964 (R1991).

(2) ASME Interim Supplement 19.5 on Instruments and 

Apparatus: Application, Part II of Fluid Meters, 6th 

edition (1971).

(3) Standard for the Qualification and Certification of 

Resource Recovery Facility Operators, ASME QRO-1-

1994.

b. Copies may be obtained from the American Society of 

Mechanical Engineers, Three Park Avenue, New York, 

New York 10016; phone (800) 843-2763.

9. American Hospital Association (AHA).

a. The following document from the American Hospital 

Association is incorporated herein by reference: An 

Ounce of Prevention: Waste Reduction Strategies for 

Health Care Facilities, AHA Catalog no. W5-057007, 

1993.

b. Copies may be obtained from: American Hospital 

Association, One North Franklin, Chicago, IL 60606; 

phone (800) 242-2626.

10. Bay Area Air Quality Management District 

(BAAQMD).

a. The following documents from the Bay Area Air 

Quality Management District are incorporated herein by 

reference:

(1) Method 41, "Determination of Volatile Organic 

Compounds in Solvent-Based Coatings and Related 

Materials Containing Parachlorobenzotrifluoride" 

(December 20, 1995).

(2) Method 43, "Determination of Volatile 

Methylsiloxanes in Solvent-Based Coatings, Inks, and 

Related Materials" (November 6, 1996).

b. Copies may be obtained from: Bay Area Air Quality 

Management District, 939 Ellis Street, San Francisco, 

CA 94109, phone (415) 771-6000.

11. South Coast Air Quality Management District 

(SCAQMD).

a. The following documents from the South Coast Air 

Quality Management District are incorporated herein by 

reference:

(1) Method 303-91, "Determination of Exempt 

Compounds," in Manual SSMLLABM, "Laboratory 

Methods of Analysis for Enforcement Samples" (1996).

(2) Method 318-95, "Determination of Weight Percent 

Elemental Metal in Coatings by X-Ray Diffraction," in 

Manual SSMLLABM, "Laboratory Methods of Analysis 

for Enforcement Samples" (1996).

(3) Rule 1174 Ignition Method Compliance Certification 

Protocol (February 28, 1991).

(4) Method 304-91, "Determination of Volatile Organic 

Compounds (VOC) in Various Materials," in Manual 

SSMLLABM, "Laboratory Methods of Analysis for 

Enforcement Samples" (1996).

(5) Method 316A-92, "Determination of Volatile Organic 

Compounds (VOC) in Materials Used for Pipes and 

Fittings" in Manual SSMLLABM, "Laboratory Methods 

of Analysis for Enforcement Samples" (1996).

(6) "General Test Method for Determining Solvent 

Losses from Spray Gun Cleaning Systems," October 3, 

1989.

b. Copies may be obtained from: South Coast Air Quality 

Management District, 21865 E. Copley Drive, Diamond 

Bar, CA 91765, phone (909) 396-2000.

12. California Air Resources Board (CARB).

a. The following documents from the California Air 

Resources Board are incorporated herein by reference:

(1) Test Method 510, "Automatic Shut-Off Test 

Procedure for Spill-Proof Systems and Spill-Proof 

Spouts" (July 6, 2000).

(2) Test Method 511, "Automatic Closure Test Procedure 

for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 

2000).

(3) Test Method 512, "Determination of Fuel Flow Rate 

for Spill-Proof Systems and Spill-Proof Spouts" (July 6, 

2000). Method 100, "Procedures for Continuous Gaseous 

Emission Stack Sampling" (July 28, 1997).

(4) Test Method 513, "Determination of Permeation Rate 

for Spill-Proof Systems" (July 6, 2000).

(5) Test Method 310 (including Appendices A and B), 

"Determination of Volatile Organic Compounds (VOC) 

in Consumer Products and Reactive Organic Compounds 

in Aerosol Coating Products (Including Appendices A 

and B)" (July 18, 2001) (May 5, 2005).

(6) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 1, § 94503.5 (2003).

(7) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 2, §§ 94509 and 

94511 (2003).

(8) California Code of Regulations, Title 17, Division 3, 

Chapter 1, Subchapter 8.5, Article 4, §§ 94540-94555 

(2003).
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1883

(9) "Certification Procedure 501 for Portable Fuel 

Containers and Spill-Proof Spouts, CP-501" (July 26, 

2006).

(10) "Test Procedure for Determining Integrity of SpillProof Spouts and Spill-Proof Systems, TP-501" (July 26, 

2006).

(11) "Test Procedure for Determining Diurnal Emissions 

from Portable Fuel Containers, TP-502" (July 26, 2006).

b. Copies may be obtained from: California Air 

Resources Board, P.O. Box 2815, Sacramento, CA 

95812, phone (906) 322-3260 or (906) 322-2990.

13. American Architectural Manufacturers Association.

a. The following documents from the American 

Architectural Manufacturers Association are incorporated 

herein by reference:

(1) Voluntary Specification 2604-02, "Performance 

Requirements and Test Procedures for High Performance 

Organic Coatings on Aluminum Extrusions and Panels" 

(2002).

(2) Voluntary Specification 2605-02, "Performance 

Requirements and Test Procedures for Superior 

Performing Organic Coatings on Aluminum Extrusions 

and Panels" (2002).

b. Copies may be obtained from: American Architectural 

Manufacturers Association, 1827 Walden Office Square, 

Suite 550, Schaumburg, IL 60173, phone (847) 303-

5664.

14. American Furniture Manufacturers Association.

a. The following document from the American Furniture 

Manufacturers Association is incorporated herein by 

reference: Joint Industry Fabrics Standards Committee, 

Woven and Knit Residential Upholstery Fabric Standards 

and Guidelines (January 2001).

b. Copies may be obtained from: American Furniture 

Manufacturers Association, P.O. Box HP-7, High Point, 

NC 27261; phone (336) 884-5000. 

CHAPTER 45 

CONSUMER AND COMMERCIAL PRODUCTS 

Part I 

Special Provisions 

9VAC5-45-10. Applicability.

A. The provisions of this chapter, unless specified 

otherwise, shall apply to:

1. Any product for which an emission standard or other 

requirement is prescribed under this chapter; and

2. Any owner or other person that engages in or permits an 

operation that is subject to the provisions of this chapter. 

Such operations may include, but are not limited to, the 

manufacture, packaging, distribution, marketing, 

application, sale or use, or contracting for the application, 

sale, or use, of the products specified in subdivision 1 of 

this subsection.

B. The provisions set forth in subdivisions 1 through 6 of 

this subsection, unless specified otherwise, shall not apply to 

any product or operation for which emission standards are 

prescribed under this chapter.

1. The provisions of 9VAC5-20-160 (Registration).

2. The provisions of 9VAC5-20-180 (Facility and control 

equipment maintenance or malfunction).

3. The provisions of Article 1 (9VAC5-40-60 et seq.) of 

Part II of 9VAC5-40 (Existing Stationary Sources) and 

Article 1 (9VAC5-50-60 et seq.) of Part II of 9VAC5-50 

(New and Modified Stationary Sources).

4. The provisions of Article 2 (9VAC5-40-130 et seq.) of 

Part II of 9VAC5-40 (Existing Stationary Sources) and 

Article 2 (9VAC5-50-130 et seq.) of Part II of 9VAC5-50 

(New and Modified Stationary Sources).

5. The provisions of Article 4 (9VAC5-60-200 et seq.) of 

Part II of 9VAC5-60 (Hazardous Air Pollutant Sources) 

and Article 5 (9VAC5-60-300 et seq.) of Part II of 

9VAC5-60 (Hazardous Air Pollutant Sources).

6. The provisions of Article 6 (9VAC5-80-1100 et seq.), 

Article 7 (9VAC5-80-1400 et seq.), Article 8 (9VAC5-80-

1605 et seq.), and Article 9 (9VAC5-80-2000 et seq.) of 

Part II of 9VAC5-80 (Permits for Stationary Sources).

C. Nothing in this chapter shall be interpreted to exempt a 

stationary source from any provision of 9VAC5-40 (Existing 

Stationary Sources), 9VAC5-50 (New and Modified 

Stationary Sources), 9VAC5-60 (Hazardous Air Pollutant 

Sources) or 9VAC5-80 (Permits for Stationary Sources) that 

may apply.

D. Any owner or other person subject to the provisions of 

this chapter may provide any report, notification, or other 

document by electronic media if acceptable to both the owner 

and board. This subsection shall not apply to documents 

requiring signatures or certification under 9VAC5-20-230.

9VAC5-45-20. Compliance.

A. Unless otherwise specified in this chapter, no owner or 

other person shall engage in or permit any applicable 

operation (such as the manufacture, packaging, distribution, 

marketing, application, sale or use, or contracting for the 

application, sale or use, of any product) in violation of a 

standard prescribed under this chapter after the effective date 

of such standard.

1. Compliance with standards in this chapter, other than 

opacity standards, shall be determined by emission tests 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1884

established by 9VAC5-45-30, unless specified otherwise in 

the applicable standard.

2. Compliance with federal requirements in this chapter 

may be determined by alternative or equivalent methods 

only if approved by the administrator. For purposes of this 

subsection, federal requirements consist of the following:

a. New source performance standards established 

pursuant to § 111 of the federal Clean Air Act.

b. All terms and conditions in a federal operating permit, 

including any provisions that limit a source's potential to 

emit, unless expressly designated as not federally 

enforceable.

c. Limitations and conditions that are part of an 

implementation plan.

d. Limitations and conditions that are part of a § 111(d) 

or § 111(d)/129 plan.

e. Limitations and conditions that are part of a federal 

construction permit issued under 40 CFR 52.21 or any 

construction permit issued under regulations approved by 

EPA in accordance with 40 CFR Part 51.

f. Limitations and conditions that are part of an operating 

permit issued pursuant to a program approved by EPA 

into an implementation plan as meeting EPA's minimum 

criteria for federal enforceability, including adequate 

notice and opportunity for EPA and public comment 

prior to issuance of the final permit and practicable

enforceability.

3. Compliance with opacity standards in this chapter shall 

be determined by conducting observations in accordance 

with Reference Method 9 or any alternative method. For 

purposes of determining initial compliance, the minimum 

total time of observations shall be three hours (30 sixminute averages) for the emission test or other set of 

observations (meaning those fugitive-type emission 

sources subject only to an opacity standard). Opacity 

readings of portions of plumes that contain condensed,

uncombined water vapor shall not be used for purposes of 

determining compliance with opacity standards.

4. The opacity standards prescribed under this chapter shall 

apply at all times except during periods of startup, 

shutdown, malfunction, and as otherwise provided in the 

applicable standard. This exception shall not apply to the 

following federal requirements:

a. Limitations and conditions that are part of an 

implementation plan.

b. Limitations and conditions that are part of a federal 

construction permit issued under 40 CFR 52.21 or any 

construction permit issued under regulations approved by 

EPA in accordance with 40 CFR Part 51.

c. Limitations and conditions that are part of an operating 

permit issued pursuant to a program approved by EPA 

into an implementation plan as meeting EPA's minimum 

criteria for federal enforceability, including adequate 

notice and opportunity for EPA and public comment 

prior to issuance of the final permit and practicable 

enforceability.

B. No owner or other person subject to the provisions of this 

chapter shall fail to conduct emission tests as required under 

this chapter.

C. No owner or other person subject to the provisions of this 

chapter shall fail to install, calibrate, maintain, and operate 

equipment for continuously monitoring and recording 

emissions or process parameters or both as required under 

this chapter.

D. No owner or other person subject to the provisions of this 

chapter shall fail to provide notifications and reports, revise 

reports, maintain records, or report emission test or 

monitoring results as required under this chapter.

E. At all times, including periods of startup, shutdown, soot 

blowing and malfunction, owners shall, to the extent 

practicable, maintain and operate any equipment associated 

with an operation subject to the provisions of this chapter 

including associated air pollution control equipment in a 

manner consistent with air pollution control practices for 

minimizing emissions. Determination of whether acceptable 

operating and maintenance procedures are being used will be 

based on information available to the board, which may 

include, but is not limited to, monitoring results, opacity 

observations, review of operating and maintenance 

procedures, and inspection of the operation.

F. At all times the disposal of volatile organic compounds 

shall be accomplished by taking measures, to the extent 

practicable, consistent with air pollution control practices for 

minimizing emissions. Volatile organic compounds shall not 

be intentionally spilled, discarded in sewers that are not 

connected to a treatment plant, or stored in open containers or 

handled in any other manner that would result in evaporation 

beyond that consistent with air pollution control practices for 

minimizing emissions.

G. For the purpose of submitting compliance certifications 

or establishing whether or not an owner or other person has 

violated or is in violation of any standard in this chapter, 

nothing in this chapter shall preclude the use, including the 

exclusive use, of any credible evidence or information, 

relevant to whether a source would have been in compliance 

with applicable requirements if the appropriate emission or 

compliance test or procedure had been performed.

9VAC5-45-30. Emission testing.

A. Emission tests for operations and products subject to 

standards prescribed under this chapter shall be conducted 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1885

and reported, and data shall be reduced as set forth in this 

chapter and in the appropriate reference methods unless the 

board (i) specifies or approves, in specific cases, the use of a 

reference method with minor changes in methodology; (ii) 

approves the use of an equivalent method; (iii) approves the 

use of an alternative method the results of which the board 

has determined to be adequate for indicating whether such 

operation or product is in compliance; (iv) waives the 

requirement for emission tests because the owner or other 

person has demonstrated by other means to the board's 

satisfaction that such operation or product is in compliance 

with the standard; or (v) approves shorter sampling times and 

smaller sample volumes when necessitated by process 

variables or other factors. In cases where no appropriate 

reference method exists for an operation or product subject to 

an emission standard for volatile organic compounds, the 

applicable test method in 9VAC5-20-121 may be considered 

appropriate.

B. Emission testing for operations and products subject to 

standards prescribed under this chapter shall be subject to 

testing guidelines approved by the board. Procedures may be 

adjusted or changed by the board to suit specific sampling 

conditions or needs based upon good practice, judgment, and 

experience. When such tests are adjusted, consideration shall 

be given to the effect of such change on established emission 

standards. Tests shall be performed under the direction of 

persons whose qualifications are acceptable to the board.

C. Emission tests for operations and products subject to 

standards prescribed under this chapter shall be conducted 

under conditions that the board shall specify to the owner, 

based on representative performance of such operation or 

product. The owner shall make available to the board such 

records as may be necessary to determine the conditions of 

the emission tests. Operations during periods of startup, 

shutdown, and malfunction shall not constitute representative 

conditions for the purpose of an emission test unless 

otherwise specified in the applicable standard.

D. An owner may request that the board determine the 

opacity of emissions from operations or control devices that 

are subject to the provisions of this chapter during the 

emission tests required by this section.

E. Except as otherwise specified in the applicable test 

method or procedure, each emission test for an operation or 

product subject to standards prescribed under this chapter 

shall consist of three separate runs using the applicable test 

method. Each run shall be conducted for the time and under 

the conditions acceptable to the board. For the purpose of 

determining compliance with an applicable standard, the 

arithmetic mean of the results of the three runs shall apply. In 

the event that a sample is accidentally lost, or if conditions 

occur in which one of the three runs must be discontinued 

because of forced shutdown, failure of an irreplaceable 

portion of the sample train, extreme meteorological 

conditions, or other circumstances beyond the owner's 

control, compliance may, upon the approval of the board, be 

determined using the arithmetic mean of the results of the two 

other runs.

F. The board may test emissions of volatile organic 

compounds from any operation or product subject to 

standards prescribed under this chapter. Upon request of the 

board the owner shall provide, or cause to be provided, 

emission testing facilities as follows:

1. Sampling ports adequate for test methods applicable to 

such source. This includes (i) constructing the air pollution 

control system such that volumetric flow rates and 

pollutant emission rates can be accurately determined by 

applicable test methods and procedures and (ii) providing a 

stack or duct with acceptable flow characteristics during 

emission tests, as demonstrated by applicable test methods 

and procedures.

2. Safe sampling platforms.

3. Safe access to sampling platforms.

4. Utilities for sampling and testing equipment.

5. Test enclosures for determining capture efficiency.

G. The board may, at its discretion, accept other 

demonstrations of compliance in lieu of emission testing, 

such as the results of manufacturer emission testing of a 

product batch or manufacturer product batch formulation 

records.

H. Upon request of the board, any owner or other person 

causing or permitting any operation subject to the provisions 

of this chapter shall conduct emission tests in accordance 

with procedures approved by the board.

9VAC5-45-40. Monitoring.

A. Unless otherwise approved by the board, owners or other 

persons subject the provisions of an standard under this 

chapter shall install, calibrate, maintain, and operate systems 

for continuously monitoring and recording emissions of

specified pollutants as specified in the applicable article of 

this chapter. However, nothing in this chapter shall exempt 

any owner from complying with subsection F of this section.

B. All continuous monitoring systems and monitoring 

devices shall be installed and operational prior to conducting 

emission tests required under 9VAC5-45-30. Verification of 

operational status shall, as a minimum, include completion of 

the manufacturer's written requirements or recommendations 

for installation, operation, and calibration of the device and 

completion of any conditioning period specified by the 

appropriate specification in Appendix B of 40 CFR Part 60.

C. During any emissions tests required under 9VAC5-45-30 

or within 30 days thereafter and at such other times as may be 

requested by the board, the owner or other person subject to 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1886

the requirements of subsection A of this section shall conduct 

continuous monitoring system performance evaluations and 

furnish the board within 60 days of them two or, upon 

request, more copies of a written report of the results of such 

tests. These continuous monitoring system performance 

evaluations shall be conducted in accordance with the 

requirements and procedures specified in the applicable 

emission standard, the requirements contained in applicable 

procedures in 9VAC5-20-121, and the requirements and 

procedures equivalent to those contained in the appropriate 

specification of Appendix B of 40 CFR Part 60.

D. Unless otherwise approved by the board, all continuous 

monitoring systems required by subsection A of this section 

shall be installed, calibrated, maintained, and operated in 

accordance with (i) applicable requirements in this section, 

(ii) requirements in the applicable emission standard, and (iii) 

requirements equivalent to those in 40 CFR 60.13.

E. After receipt and consideration of written application, the 

board may approve alternatives to any monitoring procedures 

or requirements of this chapter including, but not limited to, 

the following:

1. Alternative monitoring requirements when installation 

of a continuous monitoring system or monitoring device 

specified by this chapter would not provide accurate 

measurements due to liquid water or other interferences 

caused by substances within the effluent gases.

2. Alternative monitoring requirements when the source is 

infrequently operated.

3. Alternative monitoring requirements to accommodate 

continuous monitoring systems that require additional 

measurements to correct for stack moisture conditions.

4. Alternative locations for installing continuous 

monitoring systems or monitoring devices when the owner 

can demonstrate the installation at alternate locations will 

enable accurate and representative measurements.

5. Alternative methods of converting pollutant 

concentration measurements to units of the standards.

6. Alternative procedures for computing emission averages 

that do not require integration of data (e.g., some facilities 

may demonstrate that the variability of their emissions is 

sufficiently small to allow accurate reduction of data based 

upon computing averages from equally spaced data points 

over the averaging period).

7. Alternative monitoring requirements when the effluent 

from a single source or the combined effluent from two or 

more sources are released to the atmosphere through more 

than one point.

8. Alternative procedures for performing calibration 

checks.

9. Alternative monitoring requirements when the 

requirements of this section would impose an extreme 

economic burden on the owner.

10. Alternative monitoring requirements when the 

continuous monitoring systems cannot be installed due to 

physical limitations at the source.

F. Upon request of the board, the owner or other person 

subject to the provisions of this chapter shall install, calibrate, 

maintain, and operate equipment for continuously monitoring 

and recording emissions or process parameters or both in 

accordance with methods and procedures acceptable to the 

board.

9VAC5-45-50. Notification, records and reporting.

A. Any owner or other person subject to the continuous 

monitoring provisions of 9VAC5-45-40 C shall provide 

written notifications to the board of the following:

1. The date upon which demonstration of the continuous 

monitoring system performance begins in accordance with 

9VAC5-45-40 C. Notification shall be postmarked not less 

than 30 days prior to such date.

2. The date of any emission test the owner wishes the 

board to consider in determining compliance with a 

standard. Notification shall be postmarked not less than 30 

days prior to such date.

3. The anticipated date for conducting the opacity 

observations required by 9VAC5-45-20 A 3. The 

notification shall also include, if appropriate, a request for 

the board to provide a visible emissions reader during an 

emission test. The notification shall be postmarked not less 

than 30 days prior to such date.

B. Any owner or other person subject to the continuous 

monitoring provisions of 9VAC5-45-40 A shall maintain 

records of the occurrence and duration of any startup, 

shutdown, or malfunction of the operation subject to the 

provisions of an article under this chapter; any malfunction of 

the air pollution control equipment; or any periods during 

which a continuous monitoring system or monitoring device 

is inoperative.

C. Each owner or other person required to install a 

continuous monitoring system (CMS) or monitoring device 

shall submit a written report of excess emissions (as defined 

in the applicable emission standard) and either a monitoring 

systems performance report or a summary report form, or 

both, to the board semiannually, except when (i) more 

frequent reporting is specifically required by an applicable 

emission standard or the CMS data are to be used directly for 

compliance determination, in which case quarterly reports 

shall be submitted; or (ii) the board, on a case-by-case basis, 

determines that more frequent reporting is necessary to 

accurately assess the compliance status of the source. The 

summary report and form shall meet the requirements of 40 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1887

CFR 60.7(d). The frequency of reporting requirements may

be reduced as provided in 40 CFR 60.7(e). All reports shall 

be postmarked by the 30th day following the end of each 

calendar half (or quarter, as appropriate). Written reports of 

excess emissions shall include the following information:

1. The magnitude of excess emissions computed in 

accordance with 9VAC5-40-41 B 6, any conversion factors 

used, and the date and time of commencement and 

completion of each period of excess emissions.

2. The process operating time during the reporting period.

3. Specific identification of each period of excess 

emissions that occurs during startups, shutdowns, and 

malfunctions of the source.

4. The nature and cause of any malfunction (if known), the 

corrective action taken or preventative measures adopted.

5. The date and time identifying each period during which 

the continuous monitoring system was inoperative except 

for zero and span checks and the nature of the system 

repairs or adjustments.

6. When no excess emissions have occurred or the 

continuous monitoring systems have not been inoperative, 

repaired, or adjusted, such information shall be stated in 

the report.

D. Any owner or other person subject to the continuous 

monitoring provisions of 9VAC5-45-40 or monitoring 

requirements of an article under this chapter shall maintain a 

file of all measurements, including continuous monitoring 

system, monitoring device, and emission testing 

measurements; all continuous monitoring system 

performance evaluations; all continuous monitoring system or 

monitoring device calibration checks; adjustments and 

maintenance performed on these systems or devices; and all 

other information required by this chapter recorded in a 

permanent form suitable for inspection. The file shall be 

retained for at least two years (unless a longer period is 

specified in the applicable standard) following the date of 

such measurements, maintenance, reports, and records.

E. Any data or information required by the Regulations for 

the Control and Abatement of Air Pollution, any permit or 

order of the board, or which the owner wishes the board to 

consider, to determine compliance with an emission standard 

shall be recorded or maintained in a time frame consistent 

with the averaging period of the standard.

F. Any owner or other person that is subject to the 

provisions of this chapter shall keep records as may be 

necessary to determine its emissions. Any owner or other 

person claiming that an operation or product is exempt from 

the provisions of the Regulations for the Control and 

Abatement of Air Pollution shall keep records as may be 

necessary to demonstrate to the satisfaction of the board its 

continued exempt status.

G. Unless otherwise specified by the provisions of an article 

under this chapter, all records required to determine 

compliance with the provisions of an article under this 

chapter shall be maintained by the owner or other person 

subject to such provision for two years from the date such 

record is created and shall be made available to the board 

upon request.

H. Upon request of the board, the owner or other person 

subject to the provisions of this chapter shall provide 

notifications and report, revise reports, maintain records, or 

report emission test or monitoring results in a manner and 

form and using procedures acceptable to board.

I. [ All information Information ] submitted to the board to 

meet the requirements of this chapter shall be available to the 

public except where the owner makes a showing satisfactory 

to the board under 9VAC5-170-60 B that the information 

meets the criteria in 9VAC5-170-60 C, in which case the 

information shall be handled in accordance with the 

procedures specified in §§ 10.1-1314 and 10.1-1314.1 of the 

Air Pollution Control Law of Virginia.

Part II 

Emission Standards 

Article 1 

Emission Standards for Portable Fuel Containers and Spouts 

Manufactured before [ January 1, 2009 August 1, 2010 ] 

9VAC5-45-60. Applicability.

A. Except as provided in 9VAC5-45-70, the provisions of 

this article apply to any portable fuel container or spout 

manufactured before [ January 1, 2009 August 1, 2010 ]. The 

provisions of Article 2 (9VAC5-45-160 et seq.) of this part 

apply to portable fuel containers and spouts manufactured on 

or after [ January 1, 2009 August 1, 2010 ].

B. Except as provided in 9VAC5-45-70, the provisions of 

this article apply to any owner or other person who sells, 

supplies, offers for sale, or manufactures for sale portable fuel 

containers or spouts.

C. The provisions of this article apply only to owners and 

other persons in the Northern Virginia and Fredericksburg 

Volatile Organic Compound Emissions Control Areas 

designated in 9VAC5-20-206.

9VAC5-45-70. Exemptions.

A. The provisions of this article do not apply to any portable 

fuel container or spout manufactured for shipment, sale, and 

use outside of the applicable volatile organic compound 

emissions control areas designated in 9VAC5-45-60.

B. The provisions of this article do not apply to a 

manufacturer or distributor who sells, supplies, or offers for 

sale a portable fuel container or spout that does not comply 

with the emission standards specified in 9VAC5-45-90, as 

long as the manufacturer or distributor can demonstrate that: 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1888

(i) the portable fuel container or spout is intended for 

shipment and use outside of the applicable volatile organic 

compound emissions control areas designated in 9VAC5-45-

60 C; and (ii) the manufacturer or distributor has taken 

reasonable prudent precautions to assure that the portable fuel 

container or spout is not distributed within the applicable 

volatile organic compound emissions control areas designated 

in 9VAC5-45-60 C. This subsection does not apply to 

portable fuel containers or spouts that are sold, supplied, or 

offered for sale to retail outlets.

C. The provisions of this article do not apply to safety cans 

meeting the requirements of [ subpart F of ] 29 CFR Part 

1926 [ Subpart F ].

D. The provisions of this article do not apply to portable fuel 

containers with a nominal capacity less than or equal to one 

quart.

E. The provisions of this article do not apply to rapid 

refueling devices with nominal capacities greater than or 

equal to four gallons, provided (i) such devices are designed 

for use in officially sanctioned off-highway motor sports such 

as car racing or motorcycle competitions, and (ii) such 

devices either create a leak-proof seal against a stock target 

fuel tank, or are designed to operate in conjunction with a 

receiver permanently installed on the target fuel tank.

F. The provisions of this article do not apply to portable fuel 

tanks manufactured specifically to deliver fuel through a hose 

attached between the portable fuel tank and the outboard 

engine for the purpose of operating the outboard engine.

G. The provisions of this article do not apply to closedsystem portable fuel containers that are used exclusively for 

fueling remote control model airplanes.

H. For purposes of this article, the terms "supply" or 

"supplied" do not include internal transactions within a 

business or governmental entity. These terms only apply to 

transactions between manufacturers/commercial distributors 

that sell, or otherwise provide, products to 

businesses/governmental entities/individuals.

9VAC5-45-80. Definitions.

A. For the purpose of applying this article in the context of 

the Regulations for the Control and Abatement of Air 

Pollution and related uses, the words or terms shall have the

[ meaning meanings ] given them in subsection C of this 

section.

B. As used in this article, all terms not defined herein shall 

have the [ meaning meanings ] given them in 9VAC5-10

[ (General Definitions) ] unless otherwise required by context.

C. Terms defined.

"ASTM" means the American Society for Testing and 

Materials.

"CARB" means California Air Resources Board.

"Consumer" means any person who purchases or otherwise 

acquires a new portable fuel container or spout for personal, 

family, household, or institutional use. Persons acquiring a 

portable fuel container or spout for resale are not "consumers" 

for that product.

"Distributor" means any person to whom a portable fuel 

container or spout is sold or supplied for the purpose of resale 

or distribution in commerce. This term does not include 

manufacturers, retailers, and consumers.

"Fuel" means all motor fuels subject to any provision of 

Chapter 12 (§ 59.1-149 et seq.) of Title 59.1 of the Code of 

Virginia, excluding liquefied petroleum gas, compressed 

natural gas, and hydrogen. This term includes, but is not 

limited to, gasoline, diesel fuel, and gasoline-alcohol blends.

"Manufacturer" means any person who imports, 

manufactures, assembles, produces, packages, repackages, or 

re-labels a portable fuel container or spout.

"Nominal capacity" means the volume indicated by the 

manufacturer that represents the maximum recommended 

filling level.

"Outboard engine" means a spark-ignition marine engine 

that, when properly mounted on a marine watercraft in the 

position to operate, houses the engine and drive unit external 

to the hull of the marine watercraft.

"Permeation" means the process by which individual fuel 

molecules may penetrate the walls and various assembly 

components of a portable fuel container directly to the outside 

ambient air.

"Portable fuel container" means any container or vessel with 

a nominal capacity of 10 gallons or less intended for reuse 

that is designed, used, sold, advertised [ for sale ], or offered 

for sale for receiving, transporting, storing, and dispensing 

fuel. Portable fuel containers do not include containers or 

vessels permanently embossed or permanently labeled as 

described in 49 CFR 172.407(a) with language indicating that 

the containers or vessels are solely intended for use with 

nonfuel products.

[ "Product category" means the applicable category that best 

describes the product with respect to its nominal capacity, 

material construction, fuel flow rate, and permeation rate, as 

applicable, as determined by the board. ]

"Retail outlet" means any establishment at which portable 

fuel containers or spouts are sold, supplied, or offered for 

sale.

"Retailer" means any person who owns, leases, operates, 

controls, or supervises a retail outlet.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1889

"Spill-proof spout" means any spout that complies with the 

standards specified in 9VAC5-45-90 B and the administrative 

requirements in 9VAC5-45-100.

"Spill-proof system" means any configuration of portable 

fuel container and firmly attached spout that complies with 

the standards in 9VAC5-45-90 A and the administrative 

requirements in 9VAC5-45-100.

"Spout" means any device that can be firmly attached to a 

portable fuel container and through which the contents of the 

container may be poured. A spout does not include a device 

that can be used to lengthen the spout to accommodate 

necessary applications.

"Target fuel tank" means any receptacle that receives fuel 

from a portable fuel container.

9VAC5-45-90. Standard for volatile organic compounds.

A. No owner or other person shall sell, supply, offer for sale, 

or manufacture for sale any portable fuel container after the 

compliance dates specified in 9VAC5-45-120 A unless that 

portable fuel container meets all of the following standards 

for spill-proof systems:

1. Has an automatic shut-off that stops the fuel flow before 

the target fuel tank overflows.

2. Automatically closes and seals when removed from the 

target fuel tank and remains completely closed when not 

dispensing fuel.

3. Has only one opening for both filling and pouring.

4. Does not exceed a permeation rate of 0.4 grams per 

gallon per day.

5. Is warranted by the manufacturer for a period of not less 

than one year against defects in materials and 

workmanship.

B. No owner or other person shall sell, supply, offer for sale, 

or manufacture for sale any spout after the compliance dates 

specified in 9VAC5-45-120 unless that spout meets all of the 

following standards for spill-proof spouts:

1. Has an automatic shut-off that stops the fuel flow before 

the target fuel tank overflows.

2. Automatically closes and seals when removed from the 

target fuel tank and remains completely closed when not 

dispensing fuel.

3. Is warranted by the manufacturer for a period of not less 

than one year against defects in materials and 

workmanship.

C. The test procedures for determining compliance with the 

standards in this section are set forth in 9VAC5-45-130. The 

manufacturer of portable fuel containers or spouts shall 

perform the tests for determining compliance as set forth in 

9VAC5-45-130 to show that its product meets the standards 

of this section prior to allowing the product to be offered for 

sale. The manufacturer shall maintain records of these 

compliance tests for as long as the product is available for 

sale and shall make those test results available within 60 days 

of request.

D. Compliance with the standards in this section does not 

exempt spill-proof systems or spill-proof spouts from 

compliance with other applicable federal and state statutes 

and regulations such as state fire codes, safety codes, and 

other safety regulations, nor will the board test for or 

determine compliance with such other statutes or regulations.

E. The following provisions apply to sell through of portable 

fuel containers and spouts manufactured before [ January 1, 

2009 August 1, 2010 ]:

1. Notwithstanding the provisions of subsections A and B 

of this section, a portable fuel container or spout 

manufactured before the applicable compliance date 

specified in 9VAC5-45-120 A, may be sold, supplied, or 

offered for sale after the applicable compliance date, if the 

date of manufacture or a date code representing the date of 

manufacture is clearly displayed on the portable fuel 

container or spout.

2. Notwithstanding the provisions of [ subdivision 1 of this 

subsection, a portable fuel container or spout manufactured 

before January 1, 2009, shall not be sold, supplied, or 

offered for sale on or after January 1, 2009, unless the date 

of manufacture or a code representing the date of 

manufacture is clearly displayed on the portable fuel 

container or spout. However, portable fuel containers or 

spouts without such dates or date codes may be sold, 

supplied or offered for sale on and after January 1, 2009, if 

they comply with all of the provisions of Article 2 

(9VAC5-45-160 et seq.) of this part subsections A and B 

of this section, a portable fuel container or spout 

manufactured after the applicable compliance date 

specified in 9VAC5-45-120 A and before August 1, 2010, 

may be sold, supplied, or offered for sale after August 1, 

2010, if it complies with all of the provisions of Article 2 

(9VAC5-45-160 et seq.) of this part ].

3. Except as provided in [ subdivision 1 subdivisions 1 and 

2 ] of this subsection, displaying the date of manufacture, 

or a code indicating the date of manufacture, on the 

product container or package does not exempt the owner or 

product from the provisions of this article.

9VAC5-45-100. Administrative requirements.

A. Each manufacturer of a portable fuel container subject to 

and complying with 9VAC5-45-90 A shall clearly display on 

each spill-proof system:

1. The phrase "Spill-Proof System";

2. A date of manufacture or representative date [ code ]; 

and
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1890

3. A representative code identifying the portable fuel 

container as subject to and complying with 9VAC5-45-90 

A.

B. Each manufacturer of a spout subject to and complying 

with 9VAC5-45-90 B shall clearly display on the 

accompanying package, or for spill-proof spouts sold without 

packaging, on either the spill-proof spout or a label affixed 

thereto:

1. The phrase "Spill-Proof Spout";

2. A date of manufacture or representative date [ code ]; 

and

3. A representative code identifying the spout as subject to 

and complying with 9VAC5-45-90 B.

C. Each manufacturer subject to subsection A or B shall file 

an explanation of both the date code and representative code 

with the board no later than the later of three months after the 

effective date of this article or within three months of 

production, and within three months after any change in 

coding.

D. Each manufacturer of a spout subject to subsection B [ of 

this section ] shall clearly display the make, model number, 

and size of those portable fuel containers the spout is 

designed to accommodate and for which the manufacturer can 

demonstrate the container's compliance with 9VAC5-45-90 

on the accompanying package, or for spill-proof spouts sold 

without packaging, on either the spill-proof spout or a label 

affixed thereto.

E. Manufacturers of portable fuel containers not subject to 

or not in compliance with 9VAC5-45-90 may not display the 

phrase "Spill-Proof System" or "Spill-Proof Spout" on the 

portable fuel container or spout or on any sticker or label 

affixed thereto or on any accompanying package.

F. Each manufacturer of a portable fuel container or spout 

subject to and complying with 9VAC5-45-90 that due to its 

design or other features cannot be used to refuel on-road 

motor vehicles shall clearly display the phrase "Not Intended 

For Refueling On-Road Motor Vehicles" in type of 34 point 

or greater on each of the following:

1. For a portable fuel container sold as a spill-proof system, 

on the system or on a label affixed thereto, and on the 

accompanying package, if any; and

2. For a spill-proof spout sold separately from a spill-proof 

system, on either the spill-proof spout, or a label affixed 

thereto, and on the accompanying package, if any.

9VAC5-45-110. Compliance.

The provisions of subsections B, D, F, and G of 9VAC5-45-

20 (Compliance) apply. The other provisions of 9VAC5-45-

20 do not apply.

9VAC5-45-120. Compliance schedules.

A. Affected persons shall comply with the provisions of this 

article as expeditiously as possible but in no case later than:

1. January 1, 2005, in the Northern Virginia VOC 

Emissions Control Area; or

2. January 1, 2008, in the Fredericksburg VOC Emissions 

Control Area.

B. Any owner or other person who cannot comply with the 

provisions of this article by the date specified in subsection A 

of this section, due to extraordinary reasons beyond that 

person's reasonable control, may apply in writing to the board 

for a waiver. The waiver application shall set forth:

1. The specific grounds upon which the waiver is sought, 

including the facts that support the extraordinary reasons 

that compliance is beyond the applicant's reasonable 

control;

2. The proposed date by which compliance with the 

provisions of this article will be achieved; and

3. A compliance report detailing the methods by which 

compliance will be achieved.

C. No waiver may be granted unless all of the following 

findings are made:

1. That, due to reasons beyond the reasonable control of 

the applicant, required compliance with this article would 

result in extraordinary economic hardship;

2. That the public interest in mitigating the extraordinary 

hardship to the applicant by issuing the waiver outweighs 

the public interest in avoiding any increased emissions of 

air contaminants that would result from issuing the waiver; 

and

3. That the compliance report proposed by the applicant 

can reasonably be implemented and shall achieve 

compliance as expeditiously as possible.

D. Any approval of a waiver shall specify a final compliance 

date by which compliance with the requirements of this 

article shall be achieved. Any approval of a waiver shall 

contain a condition that specifies the increments of progress 

necessary to assure timely compliance and such other 

conditions that the board finds necessary to carry out the 

purposes of this article.

E. A waiver shall cease to be effective upon the failure of 

the party to whom the waiver was granted to comply with any 

term or condition of the waiver.

F. Upon the application of any person, the board may 

review, and for good cause, modify or revoke a waiver from 

requirements of this article.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1891

9VAC5-45-130. Test methods and procedures.

A. The provisions of subsection G of 9VAC5-45-30 

(Emission testing) apply. The other provisions of 9VAC5-45-

30 do not apply.

B. Testing to determine compliance with 9VAC5-45-90 B of 

this article shall be performed by using the following test 

procedures (see 9VAC5-20-21):

1. CARB "Automatic Shut-Off Test Procedure for SpillProof Systems and Spill-Proof Spouts."

2. CARB "Automatic Closure Test Procedure for SpillProof Systems and Spill-Proof Spouts."

C. Testing to determine compliance with 9VAC5-45-90 A 

of this article shall be performed by using all test procedures 

in subsection B of this section and the following test 

procedure: CARB Determination of Permeation Rate for 

Spill-Proof Systems (see 9VAC5-20-21). Alternative methods 

that are shown to be accurate, precise, and appropriate may be 

used upon written approval of the board.

9VAC5-45-140. Monitoring.

The provisions of 9VAC5-45-40 (Monitoring) do not apply.

9VAC5-45-150. Notification, records and reporting.

The provisions of subsections E, F, and G of 9VAC5-45-50 

(Notification, records and reporting) apply. The other 

provisions of 9VAC5-45-50 do not apply.

Article 2 

Emission Standards for Portable Fuel Containers and Spouts 

Manufactured On or After [ January 1, 2009 August 1, 2010 ] 

9VAC5-45-160. Applicability.

A. Except as provided in 9VAC5-45-170, the provisions of 

this article apply to any portable fuel container or spout 

manufactured on or after [ January 1, 2009 August 1, 2010 ]. 

The provisions of Article 1 (9VAC5-45-60 et seq.) of this 

part apply to portable fuel containers and spouts 

manufactured before [ January 1, 2009 August 1, 2010 ].

B. Except as provided in 9VAC5-45-170, the provisions of 

this article apply to any owner or other person who sells, 

supplies, offers for sale, advertises for sale, or manufactures 

for sale portable fuel containers or spouts.

C. The provisions of this article apply only to owners and 

other persons in the Northern Virginia and Fredericksburg 

Volatile Organic Compound Emissions Control Areas 

designated in 9VAC5-20-206.

9VAC5-45-170. Exemptions.

A. The provisions of this article do not apply to any portable 

fuel container or spout manufactured for shipment, sale, and 

use outside of the applicable volatile organic compound 

emissions control areas designated in 9VAC5-45-160 C.

B. The provisions of this article do not apply to a 

manufacturer or distributor who sells, supplies, or offers for 

sale a portable fuel container or spout that does not comply 

with the emission standards specified in 9VAC5-45-190, as 

long as the manufacturer or distributor can demonstrate that: 

(i) the portable fuel container or spout is intended for 

shipment and use outside of the applicable volatile organic 

compound emissions control areas designated in 9VAC5-45-

160 C; and (ii) the manufacturer or distributor has taken 

reasonable prudent precautions to assure that the portable fuel 

container or spout is not distributed within the applicable 

volatile organic compound emissions control areas designated 

in 9VAC5-45-160 C. This subsection does not apply to 

portable fuel containers or spouts that are sold, supplied, or 

offered for sale to retail outlets.

C. The provisions of this article do not apply to safety cans 

meeting the requirements of [ subpart F of ] 29 CFR Part 

1926 [ Subpart F ].

D. The provisions of this article do not apply to portable fuel 

containers with a nominal capacity less than or equal to one 

quart.

E. The provisions of this article do not apply to rapid 

refueling devices with nominal capacities greater than or 

equal to four gallons provided (i) such devices are designed 

for use in officially sanctioned off-highway motor sports such 

as car racing or motorcycle competitions, and (ii) such 

devices either create a leak-proof seal against a stock target 

fuel tank, or are designed to operate in conjunction with a 

receiver permanently installed on the target fuel tank.

F. The provisions of this article do not apply to portable fuel 

tanks manufactured specifically to deliver fuel through a hose 

attached between the portable fuel tank and the outboard 

engine for the purpose of operating the outboard engine.

G. The provisions of this article do not apply to closedsystem portable fuel containers that are used exclusively for 

fueling remote control model airplanes.

H. For purposes of this article, the terms "supply" or 

"supplied" do not include internal transactions within a 

business or governmental entity. These terms only apply to 

transactions between manufacturers/commercial distributors 

that sell, or otherwise provide, products to 

businesses/governmental entities/individuals.

9VAC5-45-180. Definitions.

A. For the purpose of applying this article in the context of 

the Regulations for the Control and Abatement of Air 

Pollution and related uses, the words or terms shall have the

[ meaning meanings ] given them in subsection C of this 

section.

B. As used in this article, all terms not defined herein shall 

have the [ meaning meanings ] given them in 9VAC5-10 [

(General Definitions) ] unless otherwise required by context.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1892

C. Terms defined.

"ASTM" means the American Society for Testing and 

Materials.

"CARB" means California Air Resources Board.

"CARB certification executive order" means a CARB 

decision, signed by the CARB [ executive officer Executive 

Officer ] and specifying that one or more portable fuel 

containers or spouts has been certified by CARB to meet the 

requirements of CARB "Certification Procedure 501 for 

Portable Fuel Containers and Spill-Proof Spouts, CP-501" 

(see 9VAC5-20-21)

"Consumer" means any person who purchases or otherwise 

acquires a new portable fuel container or spout for personal, 

family, household, or institutional use. Persons acquiring a 

portable fuel container or spout for resale are not "consumers" 

for that product.

"Distributor" means any person to whom a portable fuel 

container or spout is sold or supplied for the purpose of resale 

or distribution in commerce. This term does not include 

manufacturers, retailers, and consumers.

"Fuel" means all motor fuels subject to any provision of 

Chapter 12 (§ 59.1-149 et seq.) of Title 59.1 of the Code of 

Virginia, excluding liquefied petroleum gas, compressed 

natural gas, and hydrogen. This term includes, but is not 

limited to, gasoline, diesel fuel, and gasoline-alcohol blends.

"Kerosene" or "kerosine" means any light petroleum 

distillate that is commonly or commercially known, sold, or 

represented as kerosene, that is used in space heating, cook 

stoves, and water heaters, and that is suitable for use as a light 

source when burned in wick-fed lamps.

"Manufacturer" means any person who imports, 

manufactures, assembles, produces, packages, repackages, or 

re-labels a portable fuel container or spout.

"Nominal capacity" means the volume indicated by the 

manufacturer that represents the maximum recommended 

filling level.

"Outboard engine" means a spark-ignition marine engine 

that, when properly mounted on a marine watercraft in the 

position to operate, houses the engine and drive unit external 

to the hull of the marine watercraft.

"Permeation" means the process by which individual fuel 

molecules may penetrate the walls and various assembly 

components of a portable fuel container directly to the outside 

ambient air.

"Portable fuel container" means any container or vessel with 

a nominal capacity of 10 gallons or less intended for reuse 

that is designed, used, sold, advertised for sale, or offered for 

sale for receiving, transporting, storing, and dispensing fuel 

or kerosene. Portable fuel containers do not include 

containers or vessels permanently embossed or permanently 

labeled as described in 49 CFR 172.407 (a) with language 

indicating that the containers or vessels are solely intended 

for use with nonfuel or nonkerosene products.

"Product category" means the applicable category that best 

describes the product with respect to its nominal capacity, 

material construction, fuel flow rate, and permeation rate, as 

applicable, as determined by the board.

[ "Retailer" means any person who owns, leases, operates, 

controls, or supervises a retail outlet. ] 

"Retail outlet" means any establishment at which portable 

fuel containers or spouts are sold, supplied, or offered for 

sale.

[ "Retailer" means any person who owns, leases, operates, 

controls, or supervises a retail outlet. ] 

"Spill-proof spout" means any spout that is certified by the 

board to be in compliance with the standards specified in 

9VAC5-45-190 B and complies with the administrative 

requirements in 9VAC5-45-220.

"Spill-proof system" means any configuration of portable 

fuel container and firmly attached spout that is certified by 

the board to be in compliance with the standards in 9VAC5-

45-190 B and complies with the administrative requirements 

in 9VAC5-45-220.

"Spout" means any device that can be firmly attached to a 

portable fuel container and through which the contents of the 

container may be poured. A spout does not include a device 

that can be used to lengthen the spout to accommodate 

necessary applications.

"Target fuel tank" means any receptacle that receives fuel 

from a portable fuel container.

9VAC5-45-190. Standard for volatile organic compounds.

A. The following provisions apply to portable fuel 

containers and spouts manufactured on or after [ January 1, 

2009 August 1, 2010 ]:

1. No owner or other person shall sell, supply, offer for 

sale, or advertise for sale any portable fuel container or 

spout manufactured on or after [ January 1, 2009 August 1, 

2010 ], unless that portable container or spout is certified 

by the board to be a spill-proof system or spill-proof spout 

that is in compliance with the standards in subsection B of 

this section in accordance with the certification procedures

specified in 9VAC5-45-200.

2. No owner or other person shall manufacture for sale any 

portable fuel container or spout on or after [ January 1, 

2009 August 1, 2010 ], unless that portable container or 

spout is certified by the board to be a spill-proof system or 

spill-proof spout that is in compliance with the standards in 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1893

subsection B of this section in accordance with the 

certification procedures specified in 9VAC5-45-200.

B. The following standards apply to each portable fuel 

container or spout manufactured on or after [ January 1, 2009

August 1, 2010 ], that is subject to the provisions of this 

article:

1. Portable fuel containers shall be color coded and marked 

as follows:

a. Portable fuel containers shall be color coded for 

specific fuels:

(1) Gasoline – red;

(2) Diesel – yellow; and

(3) Kerosene – blue.

b. Each portable fuel container shall have identification 

markings on the container and on the spill-proof spout.

(1) Red containers shall be permanently identified with 

the embossed language or permanent durable label 

"GASOLINE" in minimum 34-point Arial font or a font 

of equivalent proportions.

(2) Yellow containers shall be permanently identified 

with the embossed language or permanent durable label 

"DIESEL" in minimum 34-point Arial font or a font of 

equivalent proportions.

(3) Blue containers shall be permanently identified with 

the embossed language or permanent durable label 

"KEROSENE" in minimum 34-point Arial font or a font 

of equivalent proportions.

2. Portable fuel containers shall comply with emissions 

standards as follows:

a. Portable fuel containers that are equipped with an 

intended spill-proof spout shall emit no more than 0.3 

grams per gallon per day.

b. Compliance with emission standards in this 

subdivision shall be determined using the test procedure 

specified in 9VAC5-45-250 B 2.

c. Portable fuel containers that share similar designs, that 

are constructed of identical materials, and that are 

manufactured using identical processes, but vary only in 

size or color may be considered for certification as a 

product family.

3. Portable fuel containers and spouts shall comply with 

the specifications for durability in subsection 7.4 of the test 

procedure specified in 9VAC5-45-250 B 2.

4. There shall be no fluid leakage from any point in the 

spill-proof system or spill-proof spout as specified in the 

test procedures specified in 9VAC5-45-250 B 1 and 2.

5. The spill-proof system or spill-proof spout shall 

automatically close when the spill-proof spout is removed 

from the target tank, seal, and remain completely closed 

when not dispensing fuel, as specified in the test procedure 

specified in 9VAC5-45-250 B 1. Also, no liquid, beyond 

wetted surfaces, shall be retained in the spill-proof spout 

after fueling that may evaporate into the atmosphere.

6. An applicant seeking certification of a portable fuel 

container or spout from the board pursuant to this article 

shall also:

a. Warrant that its spill-proof system or spill-proof spout 

is free from defects in materials and workmanship that 

cause such systems or spill-proof spouts to fail to 

conform with each of the certification and compliance 

standards specified in CARB "Certification Procedure 

501 for Portable Fuel Containers and Spill-Proof Spouts, 

CP-501," for a period of one year from the date of sale; 

and

b. Supply a copy of the warranty language specified in 

subdivision a of this subdivision that is supplied to the 

buyer in the packaging for each spill-proof system or 

spill-proof spout at the time of sale identifying the 

following minimum requirements:

(1) A statement of the terms and length of the warranty 

period;

(2) An unconditional statement that the spill-proof 

system or spill-proof spout is certified to the 

requirements in subdivision a of this subdivision (which 

may be referred to as being certified to California 

requirements); and

(3) A listing of the specific certification requirements or 

limitations to which it was certified.

7. An applicant shall supply a copy of the operating 

instructions intended for each spill-proof system or spillproof spout, and fueling application, as supplied to the 

buyer in the packaging for each spill-proof system or spillproof spout at the time of sale. These instructions shall 

include, at a minimum, the following specifications:

a. A listing of any specific equipment types, such as 

passenger cars and trucks, lawn and garden equipment, 

off-road motorcycles and snowmobiles, industrial 

equipment, and marine vessels that the spill-proof system 

or spill-proof spout, is not intended to refuel; and

b. Other instructions, such as the recommended fueling 

angle(s) or special instructions such as venting prior to 

use.

8. Spill-proof systems, spill-proof spouts and all 

components incorporated therein, such as gaskets, seals, or 

O-rings must demonstrate compliance with the 

requirements specified in 9VAC5-45-250 B 3 and 4. 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1894

Applicants may request limited certification for use with 

only specified fuel blends. Such fuel-specific certifications 

shall clearly specify the limits and restrictions of the 

certification.

9. A portable fuel container may incorporate a secondary 

opening or vent hole (i.e., an opening other than the 

opening needed for the spout) provided the secondary 

opening or vent hole is not easily tampered by a consumer, 

and it does not emit hydrocarbon vapors in excess of the 

amounts specified in this section during fueling, storage, 

transportation, or handling events.

C. The test procedures for determining compliance with the 

standards in this section are set forth in 9VAC5-45-250. The 

manufacturer of portable fuel containers or spouts shall 

perform the tests for determining compliance as set forth in 

9VAC5-45-250 to show that its product meets the standards 

of this section prior to allowing the product to be offered for 

sale. The manufacturer shall maintain records of these 

compliance tests for as long as the product is available for 

sale and shall make those test results available within 60 days 

of request.

D. Compliance with the standards in this section does not 

exempt spill-proof systems or spill-proof spouts from 

compliance with other applicable federal and state statutes 

and regulations such as state fire codes, safety codes, and 

other safety regulations, nor will the board test for or 

determine compliance with such other statutes or regulations.

9VAC5-45-200. Certification procedures.

A. Provisions follow concerning the requirements and 

process for board certification of a portable fuel container or 

spout manufactured on or after [ January 1, 2009 August 1, 

2010 ], as a spill-proof system or spill-proof spout.

B. To be considered by the board for certification, an 

application for certification shall be submitted in writing to 

the board by the manufacturer of the portable fuel container 

or spout.

1. Except as provided in subdivision D 2 of this section, 

the application shall contain the following information:

a. An identification of the names, addresses, and phone 

numbers of the company, owner or other persons that are 

submitting the application, and the names and phone 

numbers of contact persons that are knowledgeable 

concerning the application.

b. Model numbers and sizes of spill-proof systems or 

spill-proof spouts for which certification is requested.

c. Test data that demonstrates that the spill-proof systems 

or spill-proof spouts comply with each of the certification 

requirements identified in 9VAC5-45-190 B.

d. Engineering drawings of the spill-proof system or 

spill-proof spout detailing dimensions specific to each 

component. If an application is submitted for a spillproof system (i.e., container and spout), separate 

dimensioned drawings for the portable fuel container and 

for the spill-proof spout are required. If more than one 

type or size of portable fuel container or more than one 

type of spill-proof spout is included in the application, 

separate dimensioned drawings are required for each 

component.

e. Test data from each of the test procedures specified in 

9VAC5-45-250 B 1 and 2 demonstrating that the spillproof system, spill-proof spout, or component meets the 

applicable criteria.

f. Any other test data that supports the requirements in 

subdivision e of this subsection and that would assist in 

the determination of certification.

g. The language, symbols, or patterns that will actually 

be permanently embossed on the spill-proof system or 

spill-proof spout. This shall include examples of date 

code wheels as well as all other permanent markings and 

their locations on the container and/or spill-proof spout. 

Once the board certifies a spill-proof system or spillproof spout, these permanent markings cannot be altered 

or modified in any way without first obtaining the board's 

approval.

h. The language or labels that may be affixed to the spillproof system or spill-proof spout at the time of sale.

i. The manufacturer's recommended instructions, 

instruction decals, or any other type of placard attached 

to the spill-proof system or spill-proof spout at the time 

of sale. Include examples of actual decals or placards if 

available. Proposed placards or decals are sufficient if 

actual samples are not available. Once the board certifies 

a spill-proof system or spill-proof spout, these decals or 

placards cannot be altered or modified in any way 

without first obtaining the board's approval.

j. The manufacturer warranty(s) as defined in 9VAC5-

45-190 B 6.

k. A description of the materials used in the construction 

of the spill-proof system or spill-proof spout. Material 

compositions of gaskets, O-rings, and seals must be 

described.

l. If the applicant is not the manufacturer of all system 

components incorporated in a spill-proof system or spillproof spout, the applicant must include evidence that the 

component manufacturers have been notified of the 

applicant's intended use of the manufacturers' 

components in the spill-proof system or spill-proof spout 

for which the application is being made.

(1) If the applicant is requesting inclusion of one or more 

components not manufactured by it on the applicable 

spill-proof system or spill-proof spout, the applicant shall 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1895

notify the component manufacturers and obtain the 

information required of the application as specified in 

this subsection.

(2) If the component design and material specifications 

requested for inclusion in the certification have not been 

previously incorporated in a spill-proof system or spillproof spout that has been issued [ an executive order a 

CARB certification executive order or has been certified 

by the board ] pursuant to these procedures, [ then ] each 

of the components shall be subject to each of the 

application and test requirements specified in this article.

m. A sample of the spill-proof system or spill-proof spout 

is not required as part of the initial application for 

certification. The board may later require that a sample 

be provided if it is deemed necessary to make the proper 

certification determination.

n. The document certification statement required by 

9VAC5-20-230, signed by a responsible official as 

defined in that section.

o. The information required by subdivision B 1 a of this 

section is public information that may not be claimed as 

confidential. [ All other Other ] information submitted to 

the board to meet the requirements of this article shall be 

available to the public except where the owner makes a 

showing satisfactory to the board under 9VAC5-170-60 

B that the information meets the criteria in 9VAC5-170-

60 C, in which case the information shall be handled in 

accordance with the procedures specified in §§ 10.1-1314 

and 10.1-1314.1 of the Air Pollution Control Law of 

Virginia.

2. In accordance with the time periods specified in 

subsection C of this section, the board will certify a 

portable fuel container or spout. The board will specify 

such terms and conditions as are necessary to ensure that 

the emissions from the portable fuel containers or spouts 

do not exceed the VOC standards specified in 9VAC5-45-

190. The certification shall also include operational terms, 

conditions, and data to be reported to the board to ensure 

that all requirements of this article are met.

C. Provisions follow concerning the portable fuel container 

or spout certification time frames.

1. The board will take appropriate action on an application 

within the following time periods:

a. Within 30 working days of receipt of an application, 

the board will inform the applicant in writing that either:

(1) The application is complete and accepted for filing, or

(2) The application is deficient, and identify the specific 

information required to make the application complete.

b. Within 30 working days of receipt of additional 

information provided in response to a determination that 

an application is deficient, the board will inform the 

applicant in writing that either:

(1) The additional information is sufficient to make the 

application complete, and the application is accepted for 

filing, or

(2) The application is deficient, and identify the specific 

information required to make the application complete.

c. If the board finds that an application meets the 

requirements of subsection B of this section, then it shall 

certify that the requirements have been met in accordance 

with the requirements of this article. The board will

[ normally ] act to approve or disapprove a complete 

application within 90 working days after the application 

is deemed complete. [ The board may extend this time 

period if additional information is needed. ] 

2. Before the end of each time period specified in this 

section, the board and the applicant may mutually agree to 

a longer time period for the board to take the appropriate 

action. 

D. In accordance with the following procedures, the board 

will take into consideration whether the portable fuel 

container or spout has been certified by CARB.

1. In lieu of granting certification based upon review of an 

application as required under subsection B of this section, 

certification may be granted by the board as follows:

a. Certification may be granted solely on the basis of the 

effective CARB certification executive order, or

b. Certification may be granted on the basis of the 

effective CARB certification executive order, modified 

as necessary by the board to meet the requirements of 

this article.

2. An abbreviated application may be submitted by a 

manufacturer requesting certification by the board under 

subdivision 1 of this subsection. The abbreviated 

application shall include, as a minimum:

a. A request by the manufacturer that certification be 

granted by the board based upon an effective CARB 

certification executive order.

b. A copy of the effective CARB certification executive 

order, including all conditions established by CARB 

applicable to the CARB certification executive order.

c. A certification that the manufacturer will (i) comply 

with the applicable CARB certification executive order 

within the volatile organic compound emissions control 

areas specified in 9VAC5-45-160 C and (ii) comply with 

any additional terms and conditions that the board may 

specify in granting certification under this subsection.

d. Manufacturer and product information as specified in 

subdivisions B 1 a and b of this section.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1896

e. The document certification statement required by 

9VAC5-20-230 certifying the information in the 

application and signed by a responsible official.

4. The board's certification shall contain such terms and 

conditions as necessary to adapt terms and conditions in 

the CARB certification executive order to satisfy the 

provisions of this article.

5. Any board certification granted under this subsection is 

contingent upon the effective CARB certification executive 

order provided with the application. Board certification 

granted on the basis of this subsection automatically 

expires on the date that the CARB certification executive 

order upon which it was based is no longer effective.

9VAC5-45-210. Innovative products.

Manufacturers of portable fuel containers or spouts may 

seek an innovative products exemption in accordance with the 

following criteria:

1. The board will exempt a portable fuel container or spout 

from one or more of the requirements specified in 9VAC5-

45-190 if a manufacturer demonstrates by clear and 

convincing evidence that, due to some characteristic of the 

product formulation, design, delivery systems, or other 

factors, the use of the product will result in cumulative 

VOC emissions below the highest emitting representative 

spill-proof system or representative spill-proof spout in its 

product category as determined from applicable testing.

2. A manufacturer (applicant) shall apply in writing to the 

board for an innovative product exemption. The 

application shall include the supporting documentation that 

quantifies the emissions from the innovative product, 

including the actual physical test methods used to generate 

the data. In addition, the applicant must provide the 

information necessary to enable the board to establish 

enforceable conditions for granting the exemption. The 

application shall also include the certification statement 

required by 9VAC5-20-230 signed by a responsible 

official. [ All information Information ] submitted by a 

manufacturer pursuant to this section shall be available to 

the public except where the owner makes a showing 

satisfactory to the board under 9VAC5-170-60 B that the 

information meets the criteria in 9VAC5-170-60 C, in 

which case the information shall be handled in accordance 

with the procedures specified in §§ 10.1-1314 and 10.1-

1314.1 of the Air Pollution Control Law of Virginia. [ If 

information in the application is claimed by the 

manufacturer to be confidential information, then the 

application shall also include the showing of 

confidentiality required by 9VAC5-170-60 B. ] 

3. Within 30 days of receipt of the exemption application, 

the board will determine whether an application is 

complete.

4. Within 90 days after an application has been deemed 

complete, the board will determine whether, under what 

conditions, and to what extent an exemption from the 

requirements of 9VAC5-45-190 will be permitted. [ The 

applicant and the board may mutually agree to a longer 

time period for reaching a decision. The board may extend 

this time period if additional time is needed to reach a 

decision. ] An applicant may submit additional supporting 

documentation before a decision has been reached. The 

board will 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 subdivision 1 of this 

section, and that such emissions reductions can be 

enforced.

5. In granting an innovative product exemption for a 

portable fuel container or spout, the board will specify the 

test methods for determining conformance to the 

conditions established pursuant to subdivision 4 of this 

section. The test methods may include criteria for 

reproducibility, accuracy, and sampling and laboratory 

procedures.

6. For any portable fuel container or spout for which an 

innovative product exemption has been granted pursuant to 

this section, the manufacturer shall notify the board in 

writing at least 30 days before the manufacturer changes a 

product's design, delivery system, or other factors that may 

effect the VOC emissions during recommended usage. The 

manufacturer shall also notify the board within 30 days 

after the manufacturer learns of any information that would 

alter the emissions estimates submitted to the board in 

support of the exemption application.

7. If the standards specified in 9VAC5-45-190 are 

amended for a product category, all innovative product 

exemptions granted for products in the product category, 

except as provided in subdivision 8 of this subsection, have 

no force and effect as of the effective date of the amended 

standards.

8. If the board believes that a portable fuel container or 

spout for which an exemption has been granted no longer 

meets the criteria for an innovative product specified in 

subdivision 1 of this section, the board may modify or 

revoke the exemption as necessary to assure that the 

product will meet these criteria. [ Modifications and 

revocations of exemptions are considered case decisions 

and will be processed using the procedures prescribed in 

9VAC5-170 and Article 3 (§ 2.2-4018 et seq.) of the 

Administrative Process Act. ] 

9VAC5-45-220. Administrative requirements.

A. Each manufacturer of a portable fuel container subject to 

and complying with 9VAC5-45-190 shall clearly display on 

each spill-proof system:
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1897

1. The phrase "Spill-Proof System";

2. A date of manufacture or representative date [ code ]; 

and

3. A representative code identifying either:

a. The portable fuel container as subject to and 

complying with 9VAC5-45-190; or

b. The effective CARB certification executive order 

issued for the portable fuel container.

B. Each manufacturer of a spout subject to and complying 

with 9VAC5-45-190 shall clearly display on the 

accompanying package, or for spill-proof spouts sold without 

packaging, on either the spill-proof spout or a label affixed 

thereto:

1. The phrase "Spill-Proof Spout";

2. A date of manufacture or representative date [ code ]; 

and

3. A representative code identifying either:

a. The spout as subject to and complying with 9VAC5-

45-190; or

b. The effective CARB certification executive order 

issued for the spout.

C. Each manufacturer subject to subsection A or B shall file 

an explanation of both the date code and representative code 

with the board no later than the later of three months after the 

effective date of this article or within three months of 

production, and within three months after any change in 

coding.

D. Each manufacturer of a spout subject to subsection B of 

this section shall clearly display the make, model number, 

and size of those portable fuel containers the spout is 

designed to accommodate and for which the manufacturer can 

demonstrate the container's compliance with 9VAC5-45-190 

on the accompanying package, or for spill-proof spouts sold 

without packaging, on either the spill-proof spout or a label 

affixed thereto.

E. Manufacturers of portable fuel containers not subject to 

or not in compliance with 9VAC5-45-190 may not display 

the phrase "Spill-Proof System" or "Spill-Proof Spout" on the 

portable fuel container or spout or on any sticker or label 

affixed thereto or on any accompanying package.

F. Each manufacturer of a portable fuel container or spout 

subject to and complying with 9VAC5-45-190 that due to its 

design or other features cannot be used to refuel on-road 

motor vehicles shall clearly display the phrase "Not Intended 

For Refueling On-Road Motor Vehicles" in type of 34 point 

or greater on each of the following:

1. For a portable fuel container sold as a spill-proof system, 

on the system or on a label affixed thereto, and on the 

accompanying package, if any; and

2. For a spill-proof spout sold separately from a spill-proof 

system, on either the spill-proof spout, or a label affixed 

thereto, and on the accompanying package, if any.

9VAC5-45-230. Compliance.

The provisions of subsections B, D, F, and G of 9VAC5-45-

20 (Compliance) apply. The other provisions of 9VAC5-45-

20 do not apply.

9VAC5-45-240. Compliance schedules.

A. Affected persons shall comply with the provisions of this 

article as expeditiously as possible but in no case later than

[ January 1, 2009 August 1, 2010 ].

B. Any owner or other person who cannot comply with the 

provisions of this article by the date specified in subsection A 

of this section, due to extraordinary reasons beyond that 

person's reasonable control, may apply in writing to the board 

for a waiver. The waiver application shall set forth:

1. The specific grounds upon which the waiver is sought, 

including the facts that support the extraordinary reasons 

that compliance is beyond the applicant's reasonable 

control;

2. The proposed date by which compliance with the 

provisions of this article will be achieved; and

3. A compliance report detailing the methods by which 

compliance will be achieved.

C. No waiver may be granted unless all of the following 

findings are made:

1. That, due to reasons beyond the reasonable control of 

the applicant, required compliance with this article would 

result in extraordinary economic hardship;

2. That the public interest in mitigating the extraordinary 

hardship to the applicant by issuing the waiver outweighs 

the public interest in avoiding any increased emissions of 

air contaminants that would result from issuing the waiver; 

and

3. That the compliance report proposed by the applicant 

can reasonably be implemented and shall achieve 

compliance as expeditiously as possible.

D. Any approval of a waiver shall specify a final compliance 

date by which compliance with the requirements of this 

article shall be achieved. Any approval of a waiver shall 

contain a condition that specifies the increments of progress 

necessary to assure timely compliance and such other 

conditions that the board finds necessary to carry out the 

purposes of this article.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1898

E. A waiver shall cease to be effective upon the failure of 

the party to whom the waiver was granted to comply with any 

term or condition of the waiver.

F. Upon the application of any person, the board may 

review, and for good cause, modify or revoke a waiver from 

requirements of this article.

9VAC5-45-250. Test methods and procedures.

A. The provisions of subsection G of 9VAC5-45-30 

(Emission testing) apply. The other provisions of 9VAC5-45-

30 do not apply.

B. Testing to determine compliance with 9VAC5-45-190 B 

of this article shall be performed by using the following test 

procedures specified in CARB "Certification Procedure 501 

for Portable Fuel Containers and Spill-Proof Spouts, CP-501" 

(see 9VAC5-20-21):

1. CARB "Test Procedure for Determining Integrity of 

Spill-Proof Spouts and Spill-Proof Systems, TP-501" (see 

9VAC5-20-21).

2. CARB "Test Procedure for Determining Diurnal 

Emissions from Portable Fuel Containers, TP-502" (see 

9VAC5-20-21).

3. ASTM "Standard Specification for Portable Kerosine 

and Diesel Containers for Consumer Use" (see 9VAC5-20-

21).

4. ASTM "Standard Specification for Portable Gasoline 

Containers for Consumer Use" (see 9VAC5-20-21).

C. Alternative methods that are shown to be accurate, 

precise, and appropriate may be used upon written approval 

of the board.

9VAC5-45-260. Monitoring.

The provisions of 9VAC5-45-40 (Monitoring) do not apply.

9VAC5-45-270. Notification, records and reporting.

The provisions of subsections E, F, and G of 9VAC5-45-50 

(Notification, records and reporting) apply. The other 

provisions of 9VAC5-45-50 do not apply.

Article 3 

Emission Standards for Consumer Products Manufactured 

before [ January 1, 2009 August 1, 2010 ]

9VAC5-45-280. Applicability.

A. Except as provided in 9VAC5-45-290, the provisions of 

this article apply to any consumer product manufactured 

before [ January 1, 2009 August 1, 2010 ], that contains 

volatile organic compounds (VOCs). The provisions of 

Article 4 (9VAC5-45-400 et seq.) of this part apply to 

consumer products manufactured on or after [ January 1, 

2009 August 1, 2010 ].

B. Except as provided in 9VAC5-45-290, the provisions of 

this article apply to any owner or other person who sells, 

supplies, offers for sale or manufactures for sale any 

consumer product.

C. The provisions of this article apply to owners and other 

persons in the Northern Virginia and Fredericksburg Volatile 

Organic Compound Emissions Control Areas designated in 

9VAC5-20-206.

D. For purposes of this article, the terms "supply" or 

"supplied" do not include internal transactions within a 

business or governmental entity. These terms only apply to 

transactions between manufacturers/commercial distributors 

that sell, or otherwise provide, products to 

businesses/governmental entities/individuals.

9VAC5-45-290. Exemptions.

A. This article shall not apply to any consumer product 

manufactured in the applicable volatile organic compound 

emissions control areas designated in 9VAC5-45-280 C for 

shipment and use outside of those areas.

B. The provisions of this article shall not apply to a 

manufacturer or distributor who sells, supplies, or offers for 

sale a consumer product that does not comply with the VOC 

standards specified in 9VAC5-45-310 A, as long as the 

manufacturer or distributor can demonstrate both that the 

consumer product is intended for shipment and use outside of 

the applicable volatile organic compound emissions control 

areas designated in 9VAC5-45-280 C, and that the 

manufacturer or distributor has taken reasonable prudent 

precautions to assure that the consumer product is not 

distributed to those applicable volatile organic compound 

emissions control areas. This subsection does not apply to 

consumer products that are sold, supplied, or offered for sale 

by any person to retail outlets in those applicable volatile 

organic compound emissions control areas.

C. The medium volatility organic compound (MVOC) 

content standards specified in 9VAC5-45-310 A for 

antiperspirants or deodorants shall not apply to ethanol.

D. The VOC limits specified in 9VAC5-45-310 A shall not 

apply to fragrances up to a combined level of 2.0% by weight 

contained in any consumer product and shall not apply to 

colorants up to a combined level of 2.0% by weight contained 

in any antiperspirant or deodorant.

E. The requirements of 9VAC5-45-310 A for antiperspirants 

or deodorants shall not apply to those volatile organic 

compounds that contain more than 10 carbon atoms per 

molecule and for which the vapor pressure is unknown, or 

that have a vapor pressure of 2 mm Hg or less at 20°C.

F. The VOC limits specified in 9VAC5-45-310 A shall not 

apply to any LVP-VOC.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1899

G. The VOC limits specified in 9VAC5-45-310 A shall not 

apply to air fresheners that are composed entirely of 

fragrance, less compounds not defined as VOCs or LVPVOC exempted under subsection F of this section.

H. The VOC limits specified in 9VAC5-45-310 A shall not 

apply to air fresheners and insecticides containing at least 

98% paradichlorobenzene.

I. The VOC limits specified in 9VAC5-45-310 A shall not 

apply to adhesives sold in containers of one fluid ounce or 

less.

J. The VOC limits specified in 9VAC5-45-310 A shall not 

apply to bait station insecticides. For the purpose of this 

section, bait station insecticides are containers enclosing an 

insecticidal bait that is not more than 0.5 ounce by weight, 

where the bait is designed to be ingested by insects and is 

composed of solid material feeding stimulants with less than 

5.0% active ingredients.

K. A person who cannot comply with the requirements set 

forth in 9VAC5-45-310, because of extraordinary reasons 

beyond the person's reasonable control may apply in writing 

to the board for a waiver.

1. The application shall set forth:

a. The specific grounds upon which the waiver is sought, 

including the facts that support the extraordinary reasons 

that compliance is beyond the applicant's reasonable 

control;

b. The proposed dates by which compliance with the 

provisions of 9VAC5-45-310 will be achieved; and

c. A compliance report reasonably detailing the methods 

by which compliance will be achieved.

2. Upon receipt of an application containing the 

information required in subdivision 1 of this subsection, 

the board will hold a public hearing to determine whether, 

under what conditions, and to what extent, a waiver from 

the requirements in 9VAC5-45-310 is necessary and will 

be permitted. A hearing shall be initiated no later than 75 

days after receipt of a waiver application. Notice of the 

time and place of the hearing shall be sent to the applicant 

by certified mail not less than 30 days prior to the hearing. 

Notice of the hearing shall also be submitted for 

publication in the Virginia Register of Regulations. At 

least 30 days prior to the hearing, the waiver application 

shall be made available to the public for inspection. 

Information submitted to the board by a waiver applicant

[ to meet the requirements of this subdivision ] shall be 

available to the public except where the owner makes a 

showing satisfactory to the board under 9VAC5-170-60 B 

that the information meets the criteria in 9VAC5-170-60 C, 

in which case the information shall be handled in 

accordance with the procedures specified in §§ 10.1-1314 

and 10.1-1314.1 of the Air Pollution Control Law of 

Virginia. The board may consider both public and 

confidential information in reaching a decision on a waiver 

application. Interested members of the public shall be 

allowed a reasonable opportunity to testify at the hearing 

and their testimony shall be considered.

3. No waiver shall be granted unless all of the following 

findings are made:

a. That, because of reasons beyond the reasonable control 

of the applicant, requiring compliance with 9VAC5-45-

310 would result in extraordinary economic hardship;

b. That the public interest in mitigating the extraordinary 

hardship to the applicant by issuing the waiver outweighs 

the public interest in avoiding any increased emissions of 

air pollutants that would result from issuing the waiver; 

and

c. That the compliance report proposed by the applicant 

can reasonably be implemented and will achieve 

compliance as expeditiously as possible.

4. Any waiver may be issued as an order of the board. The 

waiver order shall specify a final compliance date by 

which the requirements of 9VAC5-45-310 will be 

achieved. Any waiver order shall contain a condition that 

specifies increments of progress necessary to assure timely 

compliance and such other conditions that the board, in 

consideration of the testimony received at the hearing, 

finds necessary to carry out the purposes of the Virginia 

Air Pollution Control Law and the regulations of the board.

5. A waiver shall cease to be effective upon failure of the 

party to whom the waiver was granted to comply with any 

term or condition of the waiver order.

6. Upon the application of anyone, the board may review 

and for good cause modify or revoke a waiver from 

requirements of 9VAC5-45-310. [ Modifications and 

revocations of waivers are considered case decisions and 

will be processed using the procedures prescribed in 

9VAC5-170 and Article 3 (§ 2.2-4018 et seq.) of the 

Administrative Process Act. ] 

L. The requirements of 9VAC5-45-340 A shall not apply to 

consumer products registered under FIFRA.

9VAC5-45-300. Definitions.

A. For the purpose of applying this article in the context of 

the Regulations for the Control and Abatement of Air 

Pollution and related uses, the words or terms shall have the

[ meaning meanings ] given them in subsection C of this 

section.

B. As used in this article, all terms not defined herein shall 

have the [ meaning meanings ] given them in 9VAC5-10[

(General Definitions)], unless otherwise required by context.

C. Terms defined.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1900

"ACP" or "alternative control plan" means any emissions 

averaging program approved by the board pursuant to the 

provisions of this article.

"ACP agreement" means the document signed by the board 

that includes the conditions and requirements of the board 

and that allows manufacturers to sell ACP products pursuant 

to the requirements of this article.

"ACP emissions" means the sum of the VOC emissions 

from every ACP product subject to an ACP agreement 

approving an ACP, during the compliance period specified in 

the ACP agreement, expressed to the nearest pound of VOC 

and calculated according to the following equation:

where:

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

Enforceable sales = (see definition in this section).

VOC content = one of the following:

1. For all products except for charcoal lighter material 

products:

where:

A = total net weight of unit (excluding container and 

packaging).

B = total weight of all VOCs per unit.

C = total weight of all exempted VOCs per unit, as 

specified in 9VAC5-45-290.

2. For charcoal lighter material products only: 

where:

Certified emissions = (see definition in this section).

Certified use rate = (see definition in this section).

"ACP limit" means the maximum allowable ACP emissions 

during the compliance period specified in an ACP agreement 

approving an ACP, expressed to the nearest pound of VOC 

and calculated according to the following equation:

where:

where:

Enforceable sales = (see definition in this section).

ACP standard = (see definition in this section).

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

"ACP product" means any consumer product subject to the 

VOC standards specified in 9VAC5-45-310 A, except those 

products that have been exempted as innovative products 

under 9VAC5-45-330.

"ACP reformulation" or "ACP reformulated" means the 

process of reducing the VOC content of an ACP product 

within the period that an ACP is in effect to a level that is less 

than the current VOC content of the product.

"ACP standard" means either the ACP product's pre-ACP 

VOC content or the applicable VOC standard specified in 

9VAC5-45-310 A, whichever is the lesser of the two.

"ACP VOC standard" means the maximum allowable VOC 

content for an ACP product, determined as follows:

1. The applicable VOC standard specified in 9VAC5-45-

310 A for all ACP products except for charcoal lighter 

material;

2. For charcoal lighter material products only, the VOC 

standard for the purposes of this article shall be calculated 

according to the following equation:

where:

0.020 = the certification emissions level for the product, as 

specified in 9VAC5-45-310 F.

Certified use rate = (see definition in this section).

"Adhesive" means any product that is used to bond one 

surface to another by attachment. Adhesive does not include 

products used on humans and animals, adhesive tape, contact 

paper, wallpaper, shelf liners, or any other product with an 

adhesive incorporated onto or in an inert substrate. For 

contact adhesive only, adhesive also does not include units of 

product, less packaging, [ which that ] consist of more than 

one gallon. In addition, for construction, panel, and floor 

covering adhesive and general purpose adhesive only, 

adhesive does not include units of product, less packaging, 

that weigh more than one pound and consist of more than 16 

fluid ounces. The package size limitations do not apply to 

aerosol adhesives.

"Adhesive remover" means a product designed to remove 

adhesive from either a specific substrate or a variety of 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1901

substrates. Adhesive remover does not include products that 

remove adhesives intended exclusively for use on humans or 

animals. For the purpose of this definition, adhesive shall 

mean a substance used to bond one or more materials. 

Adhesives include, but are not limited to, caulks, sealants, 

glues, or similar substances used for the purpose of forming a 

bond.

"Aerosol adhesive" means an aerosol product in which the 

spray mechanism is permanently housed in a nonrefillable 

can designed for hand-held application without the need for 

ancillary hoses or spray equipment. Aerosol adhesives 

include special purpose spray adhesives, mist spray 

adhesives, and web spray adhesives.

"Aerosol cooking spray" means any aerosol product 

designed either to reduce sticking on cooking and baking 

surfaces or to be applied on food, or both.

"Aerosol product" means a pressurized spray system that 

dispenses product ingredients by means of a propellant 

contained in a product or a product's carrier, or by means of a 

mechanically induced force. Aerosol product does not include 

pump sprays.

"Agricultural use" means the use of any pesticide or method 

or device for the control of pests in connection with the 

commercial production, storage, or processing of any animal 

or plant crop. Agricultural use does not include the sale or use 

of pesticides in properly labeled packages or containers that 

are intended for home use, use in structural pest control, 

industrial use, or institutional use. For the purposes of this 

definition only:

1. "Home use" means use in a household or its immediate 

environment.

2. "Industrial use" means use for or in a manufacturing, 

mining, or chemical process or use in the operation of 

factories, processing plants, and similar sites.

3. "Institutional use" means use within the perimeter of, or 

on property necessary for the operation of, buildings such 

as hospitals, schools, libraries, auditoriums, and office 

complexes.

4. "Structural pest control" means a use requiring a license 

under the applicable state pesticide licensing requirement.

"Air freshener" means any consumer product including, but 

not limited to, sprays, wicks, powders, and crystals, designed 

for the purpose of masking odors or freshening, cleaning, 

scenting, or deodorizing the air. Air fresheners do not include 

products that are used on the human body, products that 

function primarily as cleaning products (as indicated on a 

product label), disinfectant products claiming to deodorize by 

killing germs on surfaces, or institutional or industrial 

disinfectants when offered for sale solely through institutional 

and industrial channels of distribution. Air fresheners do 

include spray disinfectants and other products that are 

expressly represented for use as air fresheners, except 

institutional and industrial disinfectants when offered for sale 

through institutional and industrial channels of distribution. 

To determine whether a product is an air freshener, all verbal

and visual representations regarding product use on the label 

or packaging and in the product's literature and advertising 

may be considered. The presence of, and representations 

about, a product's fragrance and ability to deodorize (resulting 

from surface application) shall not constitute a claim of air 

freshening.

"All other carbon-containing compounds" means all other 

compounds that contain at least one carbon atom and are not 

an "exempt compound" or an "LVP-VOC."

"All other forms" means all consumer product forms for 

which no form-specific VOC standard is specified. Unless 

specified otherwise by the applicable VOC standard, all other 

forms include, but are not limited to, solids, liquids, wicks, 

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

"Alternative control plan" or "ACP" means any emissions 

averaging program approved by the board pursuant to the 

provisions of this article.

"Antimicrobial hand or body cleaner or soap" means a 

cleaner or soap that is designed to reduce the level of 

microorganisms on the skin through germicidal activity. 

Antimicrobial hand or body cleaner or soap includes, but is 

not limited to, antimicrobial hand or body washes or 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 

antimicrobial), heavy-duty hand cleaner or soap, medicated 

astringent or medicated toner, and rubbing alcohol.

"Antiperspirant" means any product including, but not 

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

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

used to reduce perspiration in the human axilla by at least 

20% in at least 50% of a target population.

"Architectural coating" means a coating applied to stationary 

structures and their appurtenances, to mobile homes, to 

pavements, or to curbs.

"ASTM" means the American Society for Testing and 

Materials.

"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. This category also includes clarifiers and substrateimpregnated products. This category does not include any 

hand, face, or body cleaner or soap product, medicated 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1902

astringent or medicated toner, cold cream, lotion, or 

antiperspirant.

"Automotive brake cleaner" means a cleaning product 

designed to remove oil, grease, brake fluid, brake pad 

material, or dirt from motor vehicle brake mechanisms.

"Automotive hard paste wax" means an automotive wax or 

polish that is:

1. Designed to protect and improve the appearance of 

automotive paint surfaces;

2. A solid at room temperature; and

3. Contains no water.

"Automotive instant detailer" means a product designed for 

use in a pump spray that is applied to the painted surface of 

automobiles and wiped off prior to the product being allowed 

to dry.

"Automotive rubbing or polishing compound" means a 

product designed primarily to remove oxidation, old paint, 

scratches or swirl marks, and other defects from the painted 

surfaces of motor vehicles without leaving a protective 

barrier.

"Automotive wax, polish, sealant, or glaze" means a product 

designed to seal out moisture, increase gloss, or otherwise 

enhance a motor vehicle's painted surfaces. Automotive wax, 

polish, sealant, or glaze includes, but is not limited to, 

products designed for use in auto body repair shops and 

drive-through car washes, as well as products designed for the 

general public. Automotive wax, polish, sealant, or glaze does 

not include automotive rubbing or polishing compounds, 

automotive wash and wax products, surfactant-containing car 

wash products, and products designed for use on unpainted 

surfaces such as bare metal, chrome, glass, or plastic.

"Automotive windshield washer fluid" means any liquid 

designed for use in a motor vehicle windshield washer system 

either as an antifreeze or for the purpose of cleaning, 

washing, or wetting the windshield. Automotive windshield 

washer fluid also includes liquids that are (i) packaged as a 

pre-wetted, single-use manual wipe and (ii) designed 

exclusively for cleaning, washing, or wetting automotive 

glass surfaces for the purpose of restoring or maintaining 

visibility for the driver. Glass cleaners that are intended for 

use on other glass surfaces are not included in this definition. 

Automotive windshield washer fluid does not include fluids 

placed by the manufacturer in a new vehicle.

"Bathroom and tile cleaner" means a product designed to 

clean tile or surfaces in bathrooms. Bathroom and tile 

cleaners do not include products designed primarily to clean 

toilet bowls or toilet tanks.

"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 finish: (i) biological 

residues, such as insect carcasses and tree sap, and (ii) 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 cleaner ] " 

means a product designed to remove fuel deposits, dirt, or 

other contaminants from a carburetor, choke, throttle body of 

a fuel-injection system, or associated linkages. Carburetor or 

fuel-injection air intake [ cleaners do cleaner does ] not 

include products designed exclusively to be introduced 

directly into the fuel lines or fuel storage tank prior to 

introduction into the carburetor or fuel injectors.

"Carpet and upholstery cleaner" means a cleaning product 

designed for the purpose of eliminating dirt and stains on 

rugs, carpeting, and the interior of motor vehicles or on 

household furniture or objects upholstered or covered with 

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

Carpet and upholstery cleaners include, but are not limited to, 

products that make fabric protectant claims. Carpet and 

upholstery cleaners do 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 emissions" means the emissions level for products 

approved under 9VAC5-45-310 F, as determined pursuant to 

South Coast Air Quality Management District Rule 1174 

Ignition Method Compliance Certification Protocol (see 

9VAC5-20-21), expressed to the nearest 0.001 pound VOC 

per start.

"Certified use rate" means the usage level for products 

approved under 9VAC5-45-310 F, as determined pursuant to 

South Coast Air Quality Management District Rule 1174 

Ignition Method Compliance Certification Protocol[ (see 

9VAC5-20-21)], expressed to the nearest 0.001 pound 

certified product used per start.

"Charcoal lighter material" means any combustible material 

designed to be applied on, incorporated in, added to, or used 

with charcoal to enhance ignition. Charcoal lighter material 

does not include any of the following:

1. Electrical starters and probes;

2. Metallic cylinders using paper tinder;

3. Natural gas;

4. Propane; or

5. Fat wood.

"Colorant" means any pigment or coloring material used in a 

consumer product for an aesthetic effect or to dramatize an 

ingredient.

"Compliance period" means the period of time, not to 

exceed one year, for which the ACP limit and ACP emissions 

are calculated and for which compliance with the ACP limit 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1903

is determined, as specified in the ACP agreement approving 

an ACP.

"Construction, panel, and floor covering adhesive" means 

any one-component 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

predecorated ] hardboard or tileboard, etc.), ceiling and 

acoustical tile, molding, fixtures, countertops or countertop 

laminates, cove or wall bases, and flooring or subflooring; 

or

2. Floor or wall coverings that include, but are not limited 

to, wood or simulated wood covering, carpet, carpet pad or 

cushion, vinyl-backed carpet, flexible flooring material, 

nonresilient flooring material, mirror tiles and other types 

of tiles, and artificial grass.

Construction, panel, and floor covering adhesive does not 

include floor seam sealer.

"Consumer" means a person who purchases or acquires a 

consumer product for personal, family, household, or 

institutional use. Persons acquiring a consumer product for 

resale are not consumers for that product.

"Consumer product" means a chemically formulated product 

used by household and institutional consumers including, but 

not limited to, detergents; cleaning compounds; polishes; 

floor finishes; cosmetics; personal care products; home, lawn, 

and garden products; disinfectants; sanitizers; aerosol paints; 

and automotive specialty products, but does not include other 

paint products, furniture coatings, or architectural coatings. 

As used in this article, consumer products shall also refer to 

aerosol adhesives, including aerosol adhesives used for 

consumer, industrial, or commercial uses.

"Contact adhesive" means an adhesive that:

1. Is designed for application to both surfaces to be bonded 

together;

2. Is allowed to dry before the two surfaces are placed in 

contact with each other;

3. Forms an immediate bond that is impossible, or difficult, 

to reposition after both adhesive-coated surfaces are placed 

in contact with each other; and

4. Does not need sustained pressure or clamping of 

surfaces after the adhesive-coated surfaces have been 

brought together using sufficient momentary pressure to 

establish full contact between both surfaces.

Contact adhesive does not include rubber cements that are 

primarily intended for use on paper substrates. Contact 

adhesive also does not include vulcanizing fluids that are 

designed and labeled for tire repair only.

"Contact person" means a representative that has been 

designated by the responsible ACP party for the purpose of 

reporting or maintaining information specified in the ACP 

agreement approving an ACP.

"Container or packaging" means the part or parts of the 

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 is solely responsible for accomplishing the purposes for 

which the product was designed or intended. Containers or 

packaging include any article onto or into which the principal 

display panel and other accompanying literature or graphics 

are incorporated, etched, printed, or attached.

"Crawling bug insecticide" means an insecticide product that 

is designed for use against ants, cockroaches, or other 

household crawling arthropods, including, but not limited to, 

mites, silverfish, or spiders. Crawling bug insecticide does 

not include products designed to be used exclusively on 

humans or animals or a house dust mite product. For the 

purposes of this definition only:

1. "House dust mite product" means a product whose label, 

packaging, or accompanying literature states that the 

product is suitable for use against house dust mites, but 

does not indicate that the product is suitable for use against 

ants, cockroaches, or other household crawling arthropods.

2. "House dust mite" means mites that feed primarily on 

skin cells shed in the home by humans and pets and that 

belong to the phylum Arthropoda, the subphylum 

Chelicerata, the class Arachnida, the subclass Acari, the 

order Astigmata, and the family Pyroglyphidae.

"Date-code" means the day, month, and year on which the 

consumer product was manufactured, filled, or packaged, or a 

code indicating such a date.

"Deodorant" means any product 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. Deodorant includes, but is not 

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

squeeze-bottles.

"Device" means an instrument or contrivance (other than a 

firearm) that is designed for trapping, destroying, repelling, or 

mitigating a pest or other form of plant or animal life (other 

than human and other than bacterium, virus, or another 

microorganism on or in living humans or other living 

animals); but not including equipment used for the 

application of pesticides when sold separately therefrom.

"Disinfectant" means a product intended to destroy or 

irreversibly inactivate infectious or other undesirable bacteria, 

pathogenic fungi, or viruses on surfaces or inanimate objects 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1904

and whose label is registered under the FIFRA. Disinfectant 

does not include any of the following:

1. Products designed solely for use on humans or animals;

2. Products designed for agricultural use;

3. Products designed solely for use in swimming pools, 

therapeutic tubs, or hot tubs; or

4. Products that, 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 a 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 require the product container to be shaken before 

use to mix the phases, producing an emulsion.

"Dry cleaning fluid" means a nonaqueous liquid product 

designed and labeled exclusively for use on:

1. Fabrics that are labeled "for dry clean only," such as 

clothing or drapery; or

2. S-coded fabrics.

Dry cleaning fluid includes, but is not limited to, those 

products used by commercial dry cleaners and commercial 

businesses that clean fabrics such as draperies at the 

customer's residence or work place. Dry cleaning fluid does 

not include spot remover or carpet and upholstery cleaner. 

For the purposes of this definition, "S-coded fabric" means an 

upholstery fabric designed to be cleaned only with water-free 

spot cleaning products as specified by the American Furniture 

Manufacturers Association Joint Industry Fabrics Standards 

Committee, Woven and Knit Residential Upholstery Fabric 

Standards and Guidelines (see 9VAC5-20-21).

"Dusting aid" means a product designed to assist in 

removing dust and other soils from floors and other surfaces 

without leaving a wax or silicone-based coating. Dusting aid 

does not include pressurized gas dusters.

"Electronic cleaner" means a product labeled for the 

removal of dirt, grease, or grime from electrical equipment 

such as electric motors, circuit boards, electricity panels, and 

generators.

"Enforceable sales" means the total amount of an ACP 

product sold for use in the applicable volatile organic 

compound emissions control areas designated in 9VAC5-45-

280 C during the applicable compliance period specified in 

the ACP agreement approving an 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 another board-approved system of documentation 

from which the mass, in pounds (less product container and 

packaging), of an ACP product sold to the end user in the 

applicable volatile organic compound emissions control areas 

designated in 9VAC5-45-280 C during the applicable 

compliance period can be accurately documented. For the 

purposes of this article, enforceable sales records include, but 

are not limited to, the following types of records:

1. Accurate records of direct retail or other outlet sales to 

the end user during the applicable compliance period;

2. Accurate compilations, made by independent market 

surveying services, of direct retail or other outlet sales to 

the end users for the applicable compliance period, 

provided that a detailed method that can be used to verify 

data composing such summaries is submitted by the 

responsible ACP party and approved by the board; and

3. Other accurate product sales records acceptable to the 

board.

"Engine degreaser" means a cleaning product designed to 

remove grease, grime, oil, and other contaminants from the 

external surfaces of engines and other mechanical parts.

"Exempt compound" means acetone, ethane, methyl acetate, 

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl 

benzene), or perchloroethylene (tetrachloroethylene).

"Fabric protectant" means a product designed to be applied 

to fabric substrates to protect the surface from soiling from 

dirt and other impurities or to reduce absorption of liquid into 

the fabric's fibers. Fabric protectant does not include 

waterproofers, products designed for use solely on leather, or 

products designed for use solely on fabrics that are labeled 

"for dry clean only" and sold in containers of 10 fluid ounces 

or less.

"Facial cleaner or soap" means a cleaner or soap designed 

primarily to clean the face. Facial cleaner or soap includes, 

but is not limited to, facial cleansing creams, gels, liquids, 

lotions, and substrate-impregnated forms. Facial cleaner or 

soap does not include prescription drug products, 

antimicrobial hand or body cleaner or soap, astringent or 

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

astringent or medicated toner, or rubbing alcohol.

"Fat wood" means pieces of wood kindling with high 

naturally-occurring levels of sap or resin that enhance ignition 

of the kindling. Fat wood does not include kindling with 

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

"FIFRA" means the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 USC § 136-136y).

"Flea and tick insecticide" means an insecticide product that 

is designed for use against fleas, ticks, their larvae, or their 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1905

eggs. Flea and tick insecticide does not include products that 

are designed to be used exclusively on humans or animals and 

their bedding.

"Flexible flooring material" means asphalt, cork, linoleum, 

no-wax, rubber, seamless vinyl, and vinyl composite flooring.

"Floor polish or wax" means a wax, polish, or other product 

designed to polish, protect, or enhance floor surfaces by 

leaving a protective coating that is designed to be periodically 

replenished. Floor polish or wax does not include spray buff 

products, products designed solely for the purpose of cleaning 

floors, floor finish strippers, products designed for unfinished 

wood floors, and coatings subject to architectural coatings 

regulations.

"Floor seam sealer" means a product designed and labeled 

exclusively for bonding, fusing, or sealing (coating) seams 

between adjoining rolls of installed flexible sheet flooring.

"Floor wax stripper" means a product designed to remove 

natural or synthetic floor polishes or waxes through 

breakdown of the polish or wax polymers or by dissolving or 

emulsifying the polish or wax. Floor wax stripper does not 

include aerosol floor wax strippers or products designed to 

remove floor wax solely through abrasion.

"Flying bug insecticide" means an insecticide product that is 

designed for use against flying insects or other flying 

arthropods, including but not limited to flies, mosquitoes, 

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

and hornet insecticide, products that are designed to be used 

exclusively on humans or animals, or a moth-proofing 

product. For the purposes of this definition only, "mothproofing 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.

"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.

"Furniture coating" means a paint designed for application 

to room furnishings including, but not limited to, cabinets 

(kitchen, bath and vanity), tables, chairs, beds, and sofas.

"Furniture maintenance product" means a wax, polish, 

conditioner, or other product designed for the purpose of 

polishing, protecting, or enhancing finished wood surfaces 

other than floors. Furniture maintenance products do not 

include dusting aids, products designed solely for the purpose 

of cleaning, and products designed to leave a permanent 

finish such as stains, sanding sealers, and lacquers.

"Gel" means a colloid in which the disperse phase has 

combined with the continuous phase to produce a semisolid 

material, such as jelly.

"General purpose adhesive" means a nonaerosol adhesive 

designed for use on a variety of substrates. General purpose 

adhesive does not include:

1. Contact adhesives;

2. Construction, panel, and floor covering adhesives;

3. Adhesives designed exclusively for application on one 

specific category of substrates (i.e., substrates that are 

composed of similar materials, such as different types of 

metals, paper products, ceramics, plastics, rubbers, or 

vinyls); or

4. Adhesives designed exclusively for use on one specific 

category of articles (i.e., articles that may be composed of 

different materials but perform a specific function, such as 

gaskets, automotive trim, weather-stripping, or carpets).

"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.

"General purpose degreaser" means a product labeled to 

remove or dissolve grease, grime, oil, and other oil-based 

contaminants from a variety of substrates, including 

automotive or miscellaneous metallic parts. General purpose 

degreaser does not include engine degreaser, general purpose 

cleaner, adhesive remover, electronic cleaner, metal polish or 

cleanser, products used exclusively in solvent cleaning tanks 

or related equipment, or products that are (i) sold exclusively 

to establishments that manufacture or construct goods or 

commodities; and (ii) labeled "not for retail sale." Solvent 

cleaning tanks or related equipment includes, but is not 

limited to, cold cleaners, vapor degreasers, conveyorized 

degreasers, film cleaning machines, or products designed to 

clean miscellaneous metallic parts by immersion in a 

container.

"General-use hand or body cleaner or soap" means a cleaner 

or soap designed to be used routinely on the skin to clean or 

remove typical or common dirt and soils. General-use hand or 

body cleaner or soap includes, but is not limited to, hand or 

body washes, dual-purpose shampoo-body cleaners, shower 

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

hand or body cleaner or soap does not include prescription 

drug products, antimicrobial hand or body cleaner or soap, 

astringent or toner, facial cleaner or soap, hand dishwashing 

detergent (including antimicrobial), heavy-duty hand cleaner 

or soap, medicated astringent or medicated toner, or rubbing 

alcohol.

"Glass cleaner" means a cleaning product designed primarily 

for cleaning surfaces made of glass. Glass cleaner does not 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1906

include products designed solely for the purpose of cleaning 

optical materials used in eyeglasses, photographic equipment, 

scientific equipment, and photocopying machines.

"Gross sales" means the estimated total sales of an ACP 

product in the applicable volatile organic compound 

emissions control areas designated in 9VAC5-45-280 C 

during a specific compliance period (expressed to the nearest 

pound), based on either of the following methods, whichever 

the responsible ACP party demonstrates to the satisfaction of 

the board will provide an accurate sales estimate:

1. Apportionment of national or regional sales of the ACP 

product to sales, determined by multiplying the average 

national or regional sales of the product by the fraction of 

the national or regional population, respectively, that is 

represented by the current population of the applicable 

volatile organic compound emissions control areas 

designated in 9VAC5-45-280 C; or

2. Another documented method that provides an accurate 

estimate of the total current sales of the ACP product.

"Hair mousse" means a hairstyling foam designed to 

facilitate styling of a coiffure and provide limited holding 

power.

"Hair shine" means a product designed for the primary 

purpose of creating a shine when applied to the hair. Hair 

shine includes, but is not limited to, dual-use products 

designed primarily to impart a sheen to the hair. Hair shine 

does not include hair spray, hair mousse, hair styling gel or 

spray gel, or products whose primary purpose is to condition 

or hold the hair.

"Hair spray" means a consumer product designed primarily 

for the purpose of dispensing droplets of a resin on and into a 

hair coiffure that will impart sufficient rigidity to the coiffure 

to establish or retain the style for a period of time.

"Hair styling gel" means a high viscosity, often gelatinous, 

product that contains a resin and is designed for the 

application to hair to aid in styling and sculpting of the hair 

coiffure.

"Heavy-duty hand cleaner or soap" means a product 

designed to clean or remove difficult dirt and soils such as oil, 

grease, grime, tar, shellac, putty, printer's ink, paint, graphite, 

cement, carbon, asphalt, or adhesives from the hand with or 

without the use of water. Heavy-duty hand cleaner or soap 

does not include prescription drug products, antimicrobial 

hand or body cleaner or soap, astringent or toner, facial 

cleaner or soap, general-use hand or body cleaner or soap, 

medicated astringent or medicated toner, or rubbing alcohol.

"Herbicide" means a pesticide product designed to kill or 

retard a plant's growth, but excludes products that are (i) for 

agricultural use, or (ii) restricted materials that require a 

permit for use and possession.

"High volatility organic compound" or "HVOC" means a 

volatile organic compound that exerts a vapor pressure 

greater than 80 millimeters of mercury (mm Hg) when 

measured at 20°C.

"Household product" means a consumer product that is 

primarily designed to be used inside or outside of living 

quarters or residences that are occupied or intended for 

occupation by people, including the immediate surroundings.

"Insecticide" means a pesticide product that is designed for 

use against insects or other arthropods, but excluding 

products that are:

1. For agricultural use;

2. For a use that requires a structural pest control license 

under applicable state laws or regulations; or

3. Materials classified for restricted use pursuant to 40 

CFR 152.75 and require a pesticide business license from 

the Virginia Pesticide Control Board pursuant to 2VAC20-

40-20 for use and possession.

"Insecticide fogger" means an insecticide product designed 

to release all or most of its content as a fog or mist into indoor 

areas during a single application.

"Institutional product" or "industrial and institutional (I&I) 

product" means a consumer product that is designed for use in 

the maintenance or operation of an establishment that:

1. Manufactures, transports, or sells goods or commodities, 

or provides services for profit; or

2. Is engaged in the nonprofit promotion of a particular 

public, educational, or charitable cause.

Establishments include, but are not limited to, government 

agencies, factories, schools, hospitals, sanitariums, prisons, 

restaurants, hotels, stores, automobile service and parts

centers, health clubs, theaters, or transportation companies. 

Institutional product does not include household products and 

products that are incorporated into or used exclusively in the 

manufacture or construction of the goods or commodities at 

the site of the establishment.

"Label" means written, printed, or graphic matter affixed to, 

applied to, attached to, blown into, formed, molded into, 

embossed on, or appearing upon a consumer product or 

consumer product package, for purposes of branding, 

identifying, or giving information with respect to the product 

or to the contents of the package.

"Laundry prewash" 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.

"Laundry starch product" means a product that is designed 

for application to a fabric, either during or after laundering, to 

impart and prolong a crisp, fresh look and may also act to 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1907

help ease ironing of the fabric. Laundry starch product 

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

"Lawn and garden insecticide" means an insecticide product 

labeled primarily to be used in household lawn and garden 

areas to protect plants from insects or other arthropods. 

Notwithstanding the requirements of 9VAC5-45-340 C, 

aerosol lawn and garden insecticides may claim to kill insects 

or other arthropods.

"Liquid" means a substance or mixture of substances that is 

capable of a visually detectable flow as determined under 

ASTM "Standard Test Method for Determining Whether a 

Material is a Liquid or a Solid" (see 9VAC5-20-21). Liquid 

does not include powders or other materials that are 

composed entirely of solid particles.

"Lubricant" means a product designed to reduce friction, 

heat, noise, or wear between moving parts, or to loosen rusted 

or immovable parts or mechanisms. Lubricant does not 

include automotive power steering fluids; products for use 

inside power generating motors, engines, and turbines, and 

their associated power-transfer gearboxes; two-cycle oils or 

other products designed to be added to fuels; products for use 

on the human body or animals; or products that are:

1. Sold exclusively to establishments that manufacture or 

construct goods or commodities; and

2. Labeled "not for retail sale."

"LVP content" means the total weight, in pounds, of LVPVOC 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.

"LVP-VOC" means a chemical compound or mixture that 

contains at least one carbon atom and meets one of the 

following:

1. Has a vapor pressure less than 0.1 mm Hg at 20°C [ ], 

as determined by CARB Method 310 (see 9VAC5-20-21);

2. Is a chemical compound with more than 12 carbon 

atoms, or a chemical mixture composed solely of 

compounds with more than 12 carbon atoms, and the vapor 

pressure is unknown;

3. Is a chemical compound with a boiling point greater 

than 216°C [ ], as determined by CARB Method 310 (see 

9VAC5-20-21); or

4. Is the weight percent of a chemical mixture that boils 

above 216°C, as determined by CARB Method 310 (see 

9VAC5-20-21).

For the purposes of the definition of LVP-VOC, "chemical 

compound" means a molecule of definite chemical formula 

and isomeric structure, and "chemical mixture" means a 

substrate composed of two or more chemical compounds.

"Manufacturer" means a person who imports, manufactures, 

assembles, produces, packages, repackages, or relabels a 

consumer product.

"Medicated astringent or medicated toner" means a product 

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. Medicated astringent or 

medicated toner includes, but is not limited to, clarifiers and 

substrate-impregnated products. Medicated astringent 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.

"Medium volatility organic compound" or "MVOC" means 

a 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.

"Metal polish or cleanser" means a product designed 

primarily to improve the appearance of finished metal, 

metallic, or metallized surfaces by physical or chemical 

action. To "improve the appearance" means to remove or 

reduce stains, impurities, or oxidation from surfaces or to 

make surfaces smooth and shiny. Metal polish or cleanser 

includes, but is not limited to, metal polishes used on brass, 

silver, chrome, copper, stainless steel, and other ornamental 

metals. Metal polish or cleanser does not include automotive 

wax, polish, sealant, or glaze, wheel cleaner, paint remover or 

stripper, products designed and labeled exclusively for 

automotive and marine detailing, or products designed for use 

in degreasing tanks.

"Missing data days" means the number of days in a 

compliance period for which the responsible ACP party has 

failed to provide the required enforceable sales or VOC 

content data to the board, as specified in the ACP agreement.

"Mist spray adhesive" means an aerosol 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.

"Multipurpose dry lubricant" means a lubricant that 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.

"Multipurpose lubricant" means a lubricant designed for 

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

applications. Multipurpose lubricant does not include 

multipurpose dry lubricants, penetrants, or silicone-based 

multipurpose lubricants.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1908

"Multipurpose solvent" means an organic liquid designed to 

be used for a variety of purposes, including cleaning or 

degreasing of a variety of substrates, or thinning, dispersing, 

or dissolving other organic materials. Multipurpose solvent 

includes solvents used in institutional facilities, except for 

laboratory reagents used in analytical, educational, research, 

scientific, or other laboratories. Multipurpose solvent does 

not include solvents used in cold cleaners, vapor degreasers, 

conveyorized degreasers or film cleaning machines, or 

solvents that are incorporated into, or used exclusively in the 

manufacture or construction of, the goods or commodities at 

the site of the establishment.

"Nail polish" means a clear or colored coating designed for 

application to the fingernails or toenails and including but not 

limited to, lacquers, enamels, acrylics, base coats, and top 

coats.

"Nail polish remover" means a product designed to remove 

nail polish and coatings from fingernails or toenails.

"Nonaerosol product" means a consumer product that is not 

dispensed by a pressurized spray system.

"Noncarbon containing compound" means a compound that 

does not contain carbon atoms.

"Nonresilient flooring" means flooring of a mineral content 

that is not flexible. Nonresilient flooring includes but is not 

limited to terrazzo, marble, slate, granite, brick, stone, 

ceramic tile, and concrete.

"Nonselective terrestrial herbicide" means a terrestrial 

herbicide product that is toxic to plants without regard to 

species.

"One-product business" means a responsible ACP party that 

sells, supplies, offers for sale, or manufactures for use in the 

applicable volatile organic compound emissions control areas 

designated in 9VAC5-45-280 C:

1. Only one distinct ACP product, sold under one product 

brand name, which is subject to the requirements of 

9VAC5-45-310; or

2. Only one distinct ACP product line subject to the 

requirements of 9VAC5-45-310, in which all the ACP 

products belong to the same product category and the VOC 

contents in the products are within 98.0% and 102.0% of 

the arithmetic mean of the VOC contents over the entire 

product line.

"Oven cleaner" means a cleaning product designed to clean 

and to remove dried food deposits from oven walls.

"Paint" means a pigmented liquid, liquefiable, or mastic 

composition designed for application to a substrate in a thin 

layer that 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 a 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 

multipurpose solvents, paint brush cleaners, products 

designed and labeled exclusively to remove graffiti, and hand 

cleaner products that claim to remove paints and other related 

coatings from skin.

"Penetrant" means a lubricant designed and labeled 

primarily to loosen metal parts that have bonded together due 

to rusting, oxidation, or other causes. Penetrant does not 

include multipurpose lubricants that claim to have penetrating 

qualities but are not labeled primarily to loosen bonded parts.

"Pesticide" means and includes a substance or mixture of 

substances labeled, designed, or intended for use in 

preventing, destroying, repelling, or mitigating a pest, or a 

substance or mixture of substances labeled, designed, or 

intended for use as a defoliant, desiccant, or plant regulator, 

provided that the term "pesticide" will not include a 

substance, mixture of substances, or device that the U.S. 

Environmental Protection Agency does not consider to be a 

pesticide.

"Pre-ACP VOC content" means the lowest VOC content of 

an ACP product between January 1, 1990, and the date on 

which the application for a proposed ACP is submitted to the 

board, based on the data obtained from accurate records 

available to the board that yields the lowest VOC content for 

the product.

"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 solvents. 

Pressurized gas duster does not include dusting aids.

"Principal display panel" means that part of a label that is so 

designed as to most likely be displayed, presented, shown, or 

examined under normal and customary conditions of display 

or purchase. Whenever a principal display panel appears more 

than once, all requirements pertaining to the principal display 

panel shall pertain to all such principal display panels.

"Product brand name" means the name of the product 

exactly as it appears on the principal display panel of the 

product.

"Product category" means the applicable category that best 

describes the product as listed in this section and in Table 45-

3A in 9VAC5-45-310 A.

"Product form," for the purpose of complying with 9VAC5-

45-390 (notification, records and reporting) only, means the 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1909

applicable form that most accurately describes the product's 

dispensing form as follows:

A = Aerosol Product.

S = Solid.

P = Pump Spray.

L = Liquid.

SS = Semisolid.

O = Other.

"Product line" means a group of products of identical form 

and function belonging to the same product category.

"Propellant" means a liquefied or compressed gas that is 

used in whole or in part, such as a cosolvent, to expel a liquid 

or other material from the same self-pressurized container or 

from a separate container.

"Pump spray" means a packaging system in which the 

product ingredients within the container are not under 

pressure and in which the product is expelled only while a 

pumping action is applied to a button, trigger, or other 

actuator.

"Reconcile [ " ] or [ " ] reconciliation" means to provide 

sufficient VOC emission reductions to completely offset 

shortfalls generated under the 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, as approved by the board pursuant to 9VAC5-

45-320 B 1 g (10).

"Responsible ACP party" means the company, firm, or 

establishment that is listed on the ACP product's label. If the 

label lists two or more companies, firms, or establishments, 

the responsible ACP party is the party that the ACP product 

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

label.

"Responsible party" means the company, firm, or 

establishment that is listed on the product's label. If the label 

lists two companies, firms, or establishments, the responsible 

party is the party that the product was "manufactured for" or 

"distributed by," as noted on the label.

"Restricted materials" means pesticides established as 

restricted materials under Chapter 39 (§ 3.2-3900 et seq.) of 

Title 3.2 of the Code of Virginia.

"Retail outlet" means an establishment at which consumer 

products are sold, supplied, or offered for sale directly to 

consumers.

"Retailer" means a person who sells, supplies, or offers 

consumer products for sale directly to consumers.

"Roll-on product" means an antiperspirant or deodorant that 

dispenses active ingredients by rolling a wetted ball or wetted 

cylinder on the affected area.

"Rubber and vinyl protectant" means a product designed to 

protect, preserve, or renew vinyl, rubber, and plastic on 

vehicles, tires, luggage, furniture, and household products 

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

vinyl protectant does not include products primarily designed 

to clean the wheel rim, such as aluminum or magnesium 

wheel cleaners, and tire cleaners that do not leave an 

appearance-enhancing or protective substance on the tire.

"Rubbing alcohol" means a product containing isopropyl 

alcohol (also called isopropanol) or denatured ethanol and 

labeled for topical use, usually to decrease germs in minor 

cuts and scrapes, to relieve minor muscle aches, as a 

rubefacient, and for massage.

"Sealant and caulking compound" means a product with 

adhesive properties that is designed to fill, seal, waterproof, 

or weatherproof gaps or joints between two surfaces. Sealant 

and caulking compound does not include roof cements and 

roof sealants; insulating foams; removable caulking 

compounds; clear or paintable or water resistant caulking 

compounds; floor seam sealers; products designed 

exclusively for automotive uses; or sealers that are applied as 

continuous coatings. Sealant and caulking compound also 

does not include units of product, less packaging, which 

weigh more than one pound and consist of more than 16 fluid 

ounces. For the purposes of this definition only, "removable 

caulking [ compounds compound ] " means a compound that 

temporarily seals windows or doors for three- to six-month 

time intervals; and "clear or paintable or water resistant 

caulking [ compounds compound ] " 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.

"Semisolid" means a product that, at room temperature, will 

not pour, but will spread or deform easily, including, but not 

limited to gels, pastes, and greases.

"Shaving cream" means an aerosol product that 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.

"Shortfall" means the ACP emissions minus the ACP limit 

when the ACP emissions were greater than the ACP limit 

during a specified compliance period, expressed to the nearest 

pound of VOC. Shortfall does not include emissions 

occurring prior to the date that the ACP agreement approving 

an ACP is signed by the board.

"Silicone-based multipurpose lubricant" means a lubricant 

that is:
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1910

1. Designed and labeled to provide lubricity primarily 

through the use of silicone compounds including, but not 

limited to, polydimethylsiloxane; and

2. Designed and labeled for general purpose lubrication, or 

for use in a wide variety of applications.

Silicone-based multipurpose lubricant does not include 

products designed and labeled exclusively to release 

manufactured products from molds.

"Single phase aerosol air freshener" means an aerosol air 

freshener with the liquid contents in a single homogeneous 

phase and that does not require that the product container be 

shaken before use.

"Small business" means any stationary source that is owned 

or operated by a person that employs 100 or fewer 

individuals; is a small business concern as defined in the 

federal Small Business Act; is not a major stationary source; 

does not emit 50 tons or more per year of any regulated 

pollutant; and emits less than 75 tons per year of all regulated 

pollutants.

"Solid" means a substance or mixture of substances that, 

either whole or subdivided (such as the particles composing a 

powder), is not capable of visually detectable flow as 

determined under ASTM "Standard Test Method for 

Determining Whether a Material is a Liquid or a Solid" (see 

9VAC5-20-21).

"Special purpose spray adhesive" means an aerosol adhesive 

that meets any of the following definitions:

1. "Mounting adhesive" means an aerosol adhesive 

designed to permanently mount photographs, artwork, or 

other drawn or printed media to a backing (paper, board, 

cloth, etc.) without causing discoloration to the artwork.

2. "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 5.0%, 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 "Standard Practice for Packed Column Gas 

Chromatography" (see 9VAC5-20-21) or from product 

formulation data.

3. "Polystyrene foam adhesive" means an aerosol adhesive 

designed to bond polystyrene foam to substrates.

4. "Automobile headliner adhesive" means an aerosol 

adhesive designed to bond together layers in motor vehicle 

headliners.

5. "Polyolefin adhesive" means an aerosol adhesive 

designed to bond polyolefins to substrates.

6. "Laminate repair or edgebanding adhesive" means an 

aerosol adhesive designed for:

a. The touch-up or repair of items laminated with high 

pressure laminates (e.g., lifted edges, delaminates, etc.); 

or

b. The touch-up, repair, or attachment of edgebonding 

materials, including but not limited to, other laminates, 

synthetic marble, veneers, wood molding, and decorative 

metals.

For the purposes of this definition, "high pressure 

laminate" means sheet materials that consist of paper, 

fabric, or other core material that have been laminated at 

temperatures exceeding 265°F and at pressures between 

1,000 and 1,400 psi.

7. "Automotive engine compartment adhesive" means an 

aerosol adhesive designed for use in motor vehicle underthe-hood applications that require oil and plasticizer 

resistance, as well as high shear strength, at temperatures 

of 200-275°F.

"Spot remover" means a product labeled to clean localized 

areas or remove localized spots or stains on cloth or fabric, 

such as drapes, carpets, upholstery, and clothing, that does 

not require subsequent laundering to achieve stain removal. 

Spot remover does not include dry cleaning fluid, laundry 

prewash, or multipurpose solvent.

"Spray buff product" means a product designed to restore a 

worn floor finish in conjunction with a floor buffing machine 

and special pad.

"Stick product" means an antiperspirant or a deodorant that 

contains active ingredients in a solid matrix form, and that 

dispenses the active ingredients by frictional action on the 

affected area.

"Structural waterproof adhesive" means an adhesive whose 

bond lines are resistant to conditions of continuous immersion 

in fresh or salt water and that conforms with the definition in 

the federal consumer products regulation, 40 CFR 59 Subpart 

C.

"Surplus reduction" means the ACP limit minus the ACP 

emissions when the ACP limit was greater than the ACP 

emissions during a given compliance period, expressed to the 

nearest pound of VOC. Except as provided in 9VAC5-45-320 

F 3, surplus reduction does not include emissions occurring 

prior to the date that the ACP agreement approving an ACP is 

signed by the board.

"Surplus trading" means the buying, selling, or transfer of 

surplus reductions between responsible ACP parties.

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

"Tire sealant and inflator" means a pressurized product that 

is designed to temporarily inflate and seal a leaking tire.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1911

"Total maximum historical emissions" or "TMHE" means 

the total VOC emissions from all ACP products for which the 

responsible ACP party has failed to submit the required VOC 

content or enforceable sales records. The TMHE shall be 

calculated for each ACP product during each portion of a 

compliance period for which the responsible ACP party has 

failed to provide the required VOC content or enforceable 

sales records. The TMHE shall be expressed to the nearest 

pound and calculated according to the following calculation:

where:

Highest VOC content = the maximum VOC content that 

the ACP product has contained in the previous five years, 

if the responsible ACP party has failed to meet the 

requirements for reporting VOC content data (for any 

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

agreement approving the ACP, or the current actual VOC 

content, if the responsible ACP party has provided all 

required VOC Content data (for the entire compliance 

period), as specified in the ACP agreement.

Highest sales = the maximum one-year gross sales of the 

ACP product in the previous five years, if the responsible 

ACP party has failed to meet the requirements for 

reporting enforceable sales records (for any portion of the 

compliance period), as specified in the ACP agreement 

approving the ACP, or the current actual one-year 

enforceable sales for the product, if the responsible ACP 

party has provided all required enforceable sales records 

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

agreement approving the ACP.

Missing [ Data Days data days ] = (see definition in this 

section).

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

N, for which the responsible ACP party has failed to 

submit the required enforceable sales or VOC content data 

as specified in the ACP agreement.

"Type A propellant" means a compressed gas such as CO2, 

N2, N2O, or compressed air that is used as a propellant and is 

either incorporated with the product or contained in a separate 

chamber within the product's packaging.

"Type B propellant" means a halocarbon that is used as a 

propellant including chlorofluorocarbons (CFCs), 

hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons 

(HFCs).

"Type C propellant" means a propellant that is not a Type A 

or Type B propellant, including propane, isobutane, n-butane, 

and dimethyl ether (also known as dimethyl oxide).

"Undercoating" means an aerosol product designed to impart 

a protective, nonpaint layer to the undercarriage, trunk 

interior, or firewall of motor vehicles to prevent the formation 

of rust or to deaden sound. 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 that describes to the end user how and in what 

quantity the product is to be used.

"VOC content" means, except for charcoal lighter products, 

the total weight of VOC in a product expressed as a 

percentage of the product weight (exclusive of the container 

or packaging), as determined pursuant to 9VAC5-45-370 B 

and C.

For charcoal lighter material products only,

where:

Certified emissions = (see definition in this section).

Certified use rate = (see definition in this section).

"Volatile organic compound" or "VOC" means volatile 

organic compound as defined in 9VAC5-10-20.

"Wasp and hornet insecticide" means an insecticide product 

that is designed for use against wasps, hornets, yellow jackets 

or bees by allowing the user to spray from a distance a 

directed stream or burst at the intended insects or their hiding 

place.

"Waterproofer" means a product designed and labeled 

exclusively to repel water from fabric or leather substrates. 

Waterproofer does not include fabric protectants.

"Wax" means a material or synthetic thermoplastic 

substance generally of high molecular weight hydrocarbons 

or high molecular weight esters of fatty acids or alcohols, 

except glycerol and high polymers (plastics). Wax includes, 

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

plants and animals such as carnauba wax and beeswax, 

substances of a mineral origin such as ozocerite and paraffin, 

and synthetic polymers such as polyethylene.

"Web spray adhesive" means an aerosol adhesive that is not 

a mist spray or special purpose spray adhesive.

"Wood floor wax" means wax-based products for use solely 

on wood floors.

"Working day" means a day between Monday through 

Friday, inclusive, except for federal holidays.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1912

9VAC5-45-310. Standard for volatile organic compounds.

A. Except as provided in 9VAC5-45-290, 9VAC5-45-320 

and 9VAC5-45-330, no owner or other person shall (i) sell, 

supply, or offer for sale a consumer product manufactured on 

or after the applicable compliance date specified in 9VAC5-

45-360 or (ii) manufacture for sale a consumer product on or 

after the applicable compliance date specified in 9VAC5-45-

360, that contains volatile organic compounds in excess of the 

limits specified in Table 45-3A.

TABLE 45-3A

Product Category [ : ] Percent VOC 

by Weight

Adhesives

Aerosol adhesives

Mist spray adhesive: 65%

Web spray adhesive: 55%

Special purpose spray 

adhesives

Automotive engine 

compartment adhesive:

70%

Automotive headliner 

adhesive:

65%

Flexible vinyl adhesive: 70%

Laminate repair or 

edgebanding adhesive:

60%

Mounting adhesive: 70%

Polystyrene foam 

adhesive: 

65%

Polyolefin adhesive: 60%

Contact adhesive: 80%

Construction, panel, and floor 

covering adhesive: 

15%

General purpose adhesive: 10%

Structural waterproof adhesive: 15%

Air fresheners

Single-phase aerosol: 30%

Double-phase aerosol: 25%

Liquid/Pump spray: 18%

Solid/Gel: 3%

Antiperspirants

Aerosol: 40% HVOC,

10% MVOC

Nonaerosol: 0% HVOC, 

0% MVOC

Automotive brake cleaner: 45%

Automotive rubbing or polishing 

compound: 

17%

Automotive wax, polish, sealant, or glaze

Hard paste wax: 45%

Instant detailer: 3%

All other forms: 15%

Automotive windshield washer fluid: 35%

Bathroom and tile cleaners

Aerosol: 7%

All other forms: 5%

Bug and tar remover: 40%

Carburetor or fuel-injection air intake 

cleaner: 

45%

Carpet and upholstery cleaners

Aerosol: 7%

Nonaerosol (dilutable): 0.1%

Nonaerosol (ready-to-use): 3.0%

Charcoal lighter material: See 

subsection

F of this 

section.

Cooking spray, aerosol: 18%

Deodorants

Aerosol: 0% HVOC,

10% MVOC

Nonaerosol: 0% HVOC,

0% MVOC

Dusting aids

Aerosol: 25%

All other forms: 7%

Engine degreasers

Aerosol: 35%

Nonaerosol: 5%
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1913

Fabric protectant: 60%

Floor polishes/Waxes

Products for flexible flooring 

materials: 

7%

Products for nonresilient flooring: 10%

Wood floor wax: 90%

Floor wax stripper, nonaerosol: See 

subsection

H of this 

section.

Furniture maintenance products

Aerosol: 17%

All other forms except solid or 

paste: 

7%

General purpose cleaners

Aerosol: 10%

Nonaerosol: 4%

General purpose degreasers

Aerosol: 50%

Nonaerosol: 4%

Glass cleaners

Aerosol: 12%

Nonaerosol: 4%

Hair mousse: 6%

Hair shine: 55%

Hair spray: 55%

Hair styling gel: 6%

Heavy-duty hand cleaner or soap: 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%

Fogger: 45%

Lawn and garden (all other forms): 20%

Lawn and garden (nonaerosol): 3%

Wasp and hornet: 40%

Laundry prewash

Aerosol/Solid: 22%

All other forms: 5%

Laundry starch product: 5%

Metal polish or cleanser: 30%

Multipurpose lubricant (excluding solid or 

semi-solid products): 

50%

Nail polish remover: 75%

Nonselective terrestrial herbicide, 

nonaerosol: 

3%

Oven cleaners

Aerosol/Pump spray: 8%

Liquid: 5%

Paint remover or stripper: 50%

Penetrant: 50%

Rubber and vinyl protectants

Nonaerosol: 3%

Aerosol: 10%

Sealant and caulking compound: 4%

Shaving cream: 5%

Silicone-based multipurpose lubricant 

(excluding solid or semi-solid products): 

60%

Spot removers

Aerosol: 25%

Nonaerosol: 8%

Tire sealant and inflator: 20%

Undercoating, aerosol: 40%

B. No owner or other person shall sell, supply, offer for sale, 

or manufacture for sale an antiperspirant or a deodorant that 

contains a compound that has been defined as a toxic 

pollutant in 9VAC5-60-210 C.

C. Provisions follow concerning products that are diluted 

prior to use.

1. For consumer products for which the label, packaging, 

or accompanying literature specifically states that the 

product should be diluted with water or non-VOC solvent 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1914

prior to use, the limits specified in Table 45-3A shall apply 

to the product only after the minimum recommended 

dilution has taken place. For purposes of this subsection, 

"minimum recommended dilution" shall not include 

recommendations for incidental use of a concentrated 

product to deal with limited special applications such as 

hard-to-remove soils or stains.

2. For consumer products for which the label, packaging, 

or accompanying literature states that the product should 

be diluted with a VOC solvent prior to use, the limits 

specified in Table 45-3A shall apply to the product only 

after the maximum recommended dilution has taken place.

D. The following provisions apply to sell through of 

consumer products manufactured before [ January 1, 2009

August 1, 2010 ]:

1. Notwithstanding the provisions of subsections A and G, 

H or I of this section, a consumer product manufactured 

before the applicable compliance date specified in 9VAC5-

45-360, may be sold, supplied, or offered for sale after the 

applicable compliance date if the date of manufacture or a 

date code representing the date of manufacture is clearly 

displayed on the product container or package [ in 

accordance with 9VAC5-45-340 A ].

2. Notwithstanding the provisions of [ subdivision 1 of this 

subsection, a consumer product manufactured before 

January 1, 2009, shall not be sold, supplied, or offered for 

sale on or after January 1, 2009, unless the date of 

manufacture or a code representing the date of manufacture 

is clearly displayed on the product container or package in 

accordance with 9VAC5-45-340 A. However, consumer 

products without such dates or date codes may be sold, 

supplied, or offered for sale on and after January 1, 2009, if 

they comply with all of the provisions of Article 4 

(9VAC5-45-400 et seq.) of this part subsections A, G, H, 

or I of this section, a consumer product manufactured after 

the applicable compliance date specified in 9VAC5-45-360 

and before August 1, 2010, may be sold, supplied, or 

offered for sale on or after August 1, 2010, if it complies 

with all of the provisions of Article 4 (9VAC5-45-400 et 

seq.) of this part ].

3. Except as provided in [ subdivision 1 subdivisions 1 and 

2 ] of this subsection, displaying the date of manufacture, 

or a code indicating the date of manufacture, on the 

product container or package does not exempt the owner or 

product from the provisions of this article.

E. For those consumer products that are registered under 

FIFRA, the effective date of the VOC standards shall be one 

year after the applicable compliance date specified in 

9VAC5-45-360.

F. The following requirements shall apply to all charcoal 

lighter material products:

1. Effective as of the applicable compliance date specified 

in 9VAC5-45-360, no owner or other person shall (i) sell, 

supply, or offer for sale a charcoal lighter material product 

manufactured on or after the applicable compliance date or 

(ii) manufacture for sale a charcoal lighter material product 

unless at the time of the transaction:

a. The manufacturer can demonstrate to the board's 

satisfaction that [ they have it has ] been issued a 

currently effective certification by CARB under the 

Consumer Products provisions under Subchapter 8.5, 

Article 2, § 94509(h), of Title 17 of the California Code 

of Regulations (see 9VAC5-20-21). This certification 

remains in effect for as long as the CARB certification 

remains in effect. A manufacturer claiming such a 

certification on this basis must submit to the board a copy 

of the certification decision (i.e., the executive order), 

including all conditions established by CARB applicable 

to the certification.

b. The manufacturer or distributor of the charcoal lighter 

material has been issued a currently effective 

certification pursuant to subdivision 2 of this subsection.

c. The charcoal lighter material meets the formulation 

criteria and other conditions specified in the applicable 

ACP agreement issued pursuant to subdivision 2 of this 

subsection.

d. The product usage directions for the charcoal lighter 

material are the same as those provided to the board 

pursuant to subdivision 2 c of this subsection.

2. Provisions follow concerning certification requirements.

a. No charcoal lighter material formulation shall be 

certified under this subdivision unless the applicant for 

certification demonstrates to the board's satisfaction that 

the VOC emissions from the ignition of charcoal with the 

charcoal lighter material are less than or equal to 0.020 

pound of VOC per start, using the procedures specified in 

the South Coast Air Quality Management District Rule 

1174 Ignition Method Compliance Certification Protocol 

(see 9VAC5-20-21). The provisions relating to LVPVOC in 9VAC5-45-290 F and 9VAC5-45-300 C shall 

not apply to a charcoal lighter material subject to the 

requirements of 9VAC5-45-310 A and this subsection.

b. The board may approve alternative test procedures that 

are shown to provide equivalent results to those obtained 

using the South Coast Air Quality Management District 

Rule 1174 Ignition Method Compliance Certification 

Protocol (see 9VAC5-20-21).

c. A manufacturer or distributor of charcoal lighter 

material may apply to the board for certification of a 

charcoal lighter material formulation in accordance with 

this subdivision. The application shall be in writing and 

shall include, at a minimum, the following:
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1915

(1) The results of testing conducted pursuant to the 

procedures specified in South Coast Air Quality 

Management District Rule 1174 Testing Protocol (see 

9VAC5-20-21); and

(2) The exact text or graphics that will appear on the 

charcoal lighter material's principal display panel, label, 

or accompanying literature. The provided material shall 

clearly show the usage directions for the product. These 

directions shall accurately reflect the quantity of charcoal 

lighter material per pound of charcoal that was used in 

the South Coast Air Quality Management District Rule 

1174 Testing Protocol (see 9VAC5-20-21) for that 

product, unless:

(a) 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

(b) The charcoal lighter material is already incorporated 

into the charcoal, such as certain "bag light," "instant 

light" or "match light" products.

(3) For a charcoal lighter material that meets the criteria 

specified in subdivision 2 c (2) (a) of this subsection, the 

usage instructions provided to the board will accurately 

reflect the quantity of charcoal lighter material used in 

the South Coast Air Quality Management District Rule 

1174 Testing Protocol (see 9VAC5-20-21) for that 

product.

(4) Physical property data, formulation data, or other 

information required by the board for use in determining 

when a product modification has occurred and for use in 

determining compliance with the conditions specified on 

the ACP agreement issued pursuant to subdivision 2 e of 

this subsection.

d. Within 30 days of receipt of an application, the board 

will advise the applicant in writing either that it is 

complete or that specified additional information is 

required to make it complete. Within 30 days of receipt 

of additional information, the board will advise the 

applicant in writing either that the application is 

complete, or that specified additional information or 

testing is still required before it can be deemed complete.

e. If the board finds that an application meets the 

requirements of subdivision 2 of this subsection, then an 

ACP agreement shall be issued certifying the charcoal 

lighter material formulation and specifying such 

conditions as are necessary to insure that the 

requirements of this subsection are met. The board will 

act on a complete application within 90 days after the 

application is deemed complete.

3. For charcoal lighter material for which certification has 

been granted pursuant to subdivision 2 of this subsection, 

the applicant for certification shall notify the board in 

writing within 30 days of: (i) a change in the usage 

directions, or (ii) a change in product formulation, test 

results, or other information submitted pursuant to 

subdivision 2 of this subsection that may result in VOC 

emissions greater than 0.020 pound of VOC per start.

4. If the board determines that a certified charcoal lighter 

material formulation results in VOC emissions from the 

ignition of charcoal that are greater than 0.020 pound of 

VOC per start, as determined by the South Coast Air 

Quality Management District Rule 1174 Testing Protocol 

(see 9VAC5-20-21) and the statistical analysis procedures 

contained therein, the board will revoke or modify the 

certification as is necessary to assure that the charcoal 

lighter material will result in VOC emissions of less than 

or equal to 0.020 pound of VOC per start. [ Modifications 

and revocations of certifications are considered case 

decisions and will be processed using the procedures 

prescribed in 9VAC5-170 and Article 3 (§ 2.2-4018 et 

seq.) of the Administrative Process Act. ] 

G. [ Requirements for Provisions follow concerning ] 

aerosol adhesives.

1. The standards for aerosol adhesives apply to all uses of 

aerosol adhesives, including consumer, industrial, and 

commercial uses. Except as otherwise provided in 9VAC5-

45-290 and 9VAC5-45-330, no owner or other person shall 

sell, supply, offer for sale, use, or manufacture for sale an 

aerosol adhesive that, at the time of sale, use, or 

manufacture, contains VOCs in excess of the specified 

standard.

2. a. In order to qualify as a "special purpose spray 

adhesive," the product must meet one or more of the 

definitions for special purpose spray adhesive specified in 

9VAC5-45-300 C, but if the product label indicates that the 

product is suitable for use on a substrate or application not 

listed in 9VAC5-45-300 C, then the product shall be 

classified as either a "web spray adhesive" or a "mist spray 

adhesive."

b. If a product meets more than one of the definitions 

specified in 9VAC5-45-300 C for "special purpose spray 

adhesive," and is not classified as a "web spray adhesive" 

or "mist spray adhesive" under subdivision 2 a of this 

subsection, then the VOC limit for the product shall be 

the lowest applicable VOC limit specified in 9VAC5-45-

310 A.

3. Effective as of the applicable compliance dates specified 

in 9VAC5-45-360, no person shall (i) sell, supply, or offer 

for sale an aerosol adhesive manufactured on or after the 

applicable compliance date or (ii) manufacture for sale an 

aerosol adhesive that contains any of the following 

compounds: methylene chloride, perchloroethylene, or 

trichloroethylene.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1916

4. All aerosol adhesives must comply with the labeling 

requirements specified in 9VAC5-45-340 D.

H. Effective as of the applicable compliance date specified 

in 9VAC5-45-360, no owner or other person shall sell, 

supply, offer for sale, or manufacture for use a floor wax 

stripper unless the following requirements are met:

1. The label of each nonaerosol 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 

3.0% by weight or less.

2. If a nonaerosol 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% by weight or less.

3. The terms "light build-up," "medium build-up" or 

"heavy build-up" are not specifically required as long as 

comparable terminology is used.

I. For a consumer product for which standards are specified 

under subsection A of this section, no owner or other person 

shall sell, supply, offer for sale, or manufacture for sale a 

consumer product that contains any of the following ozonedepleting compounds:

CFC-11 (trichlorofluoromethane), CFC-12 

(dichlorodifluoromethane);

CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane);

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

difluoroethane);

CFC-115 (chloropentafluoroethane), halon 1211 

(bromochlorodifluoromethane);

halon 1301 (bromotrifluoromethane), halon 2402 

(dibromotetrafluoroethane);

HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-

dichloro-1,1,1-trifluoroethane);

HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane);

HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b 

(1-chloro-1,1-difluoroethane);

1,1,1-trichloroethane; or

carbon tetrachloride.

J. The requirements of subsection I of this section shall not 

apply to an existing product formulation that complies with 

Table 45-3A or an existing product formulation that is 

reformulated to meet Table 45-3A, provided the ozonedepleting compound content of the reformulated product does 

not increase.

K. The requirements of subsection I of this section shall not 

apply to ozone-depleting compounds that may be present as 

impurities in a consumer product in an amount equal to or 

less than 0.01% by weight of the product.

9VAC5-45-320. Alternative control plan (ACP) for 

consumer products.

A. 1. Manufacturers of consumer products may seek an ACP 

agreement in accordance with subsections B through L of this 

section.

2. Only responsible ACP parties for consumer products 

may enter into an ACP agreement under the provisions of 

this section.

B. Provisions follow concerning the requirements and 

process for approval of an ACP.

1. To be considered by the board for approval, an 

application for a proposed ACP shall be submitted in 

writing to the board by the responsible ACP party and shall 

contain all of the following:

a. An identification of the contact persons, phone 

numbers, names, and addresses of the responsible ACP 

party that is submitting the ACP application and will be 

implementing the ACP requirements specified in the 

ACP agreement [ ;. ] 

b. A statement of whether the responsible ACP party is a 

small business or a one-product business [ ;. ]

c. A listing of the exact product brand name, form, 

available variations (flavors, scents, colors, sizes, etc.), 

and applicable product category for each distinct ACP 

product that is proposed for inclusion in the ACP [ ;. ]

d. For each proposed ACP product identified in 

subdivision 1 c of this subsection, a demonstration to the 

satisfaction of the board that the enforceable sales 

records to be used by the responsible ACP party for 

tracking product sales meet the minimum criteria 

specified in subdivision 1 d (5) of this subsection. To 

provide this demonstration, the responsible ACP party 

shall either demonstrate to the satisfaction of the board 

that other records provided to the board in writing by the 

responsible ACP party meet the minimum criteria of 

subdivision 1 d (5) of this subsection for tracking product 

sales of each ACP product, or do all of the following:

(1) Provide 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) Determine the enforceable sales of each product using 

enforceable sales records;

(3) Demonstrate, to the satisfaction of the board, the 

validity of the enforceable sales based on enforceable 

sales records provided by the contact persons or the 

responsible ACP party;
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1917

(4) Calculate the percentage of the gross sales [ , which

that ] is composed of enforceable sales; [ and ] 

(5) Determine which ACP products have enforceable 

sales that are 75% or more of the gross sales. Only ACP 

products meeting this criteria shall be allowed to be sold 

under an ACP.

e. For each of the ACP products identified in subdivision 

1 d (5) of this subsection, the inclusion of the following:

(1) Legible copies of the existing labels for each product;

(2) The VOC content and LVP content for each product. 

The VOC content and LVP content shall be reported for 

two different periods as follows:

(a) The VOC and LVP contents of the product at the time 

the application for an ACP is submitted, and

(b) The VOC and LVP contents of the product that were 

used at any time within the four years prior to the date of 

submittal of the application for an ACP if either the VOC 

or LVP contents have varied by more than plus or minus 

10% of the VOC or LVP contents reported in subdivision 

1 e (2) (a) of this subsection.

f. A written commitment obligating the responsible ACP 

party to date-code every unit of each ACP product 

approved for inclusion 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 five working days after the date an ACP 

agreement approving an ACP is signed by the board.

g. An operational plan covering all the products 

identified under subdivision 1 d (5) of this subsection for 

each compliance period that the ACP will be in effect. 

The operational plan shall contain all of the following:

(1) An identification of the compliance periods and dates 

for the responsible ACP party to report the information 

required by the board in the ACP agreement approving 

an ACP. The length of the compliance period shall be 

chosen by the responsible ACP party (not to exceed 365 

days). The responsible ACP party shall also choose the 

dates for reporting information such that all required 

VOC content and enforceable sales data for all ACP 

products shall be reported to the board at the same time 

and at the same frequency [ ;. ]

(2) An identification of specific enforceable sales records 

to be provided to the board for enforcing the provisions 

of this article and the ACP agreement approving an ACP. 

The enforceable sales records shall be provided to the 

board no later than the compliance period dates specified 

in subdivision 1 g (1) of this subsection [ ;. ]

(3) For a small business or a one-product business that 

will be relying to some extent on surplus trading to meet 

its ACP limits, a written commitment from the 

responsible ACP party that they will transfer the surplus 

reductions to the small business or one-product business 

upon approval of the ACP [ ;. ]

(4) For each ACP product, all VOC content levels that 

will be applicable for the ACP product during each 

compliance period. The plan shall also identify the 

specific method by which the VOC content will be 

determined and the statistical accuracy and precision 

(repeatability and reproducibility) will be calculated for 

each specified method.

(5) The projected enforceable sales for each ACP product 

at each different VOC content for every compliance 

period that the ACP will be in effect [ ;. ]

(6) A detailed demonstration showing the combination of 

specific ACP reformulations or surplus trading (if 

applicable) that is sufficient to ensure that the ACP 

emissions will not exceed the ACP limit for each 

compliance period that the ACP will be in effect, the 

approximate date within each compliance period that 

such reformulations or surplus trading are expected to 

occur, and the extent to which the VOC contents of the 

ACP products will be reduced (i.e., by ACP 

reformulation). This demonstration shall use the 

equations specified in 9VAC5-45-300 C for projecting 

the ACP emissions and ACP limits during each 

compliance period. This demonstration shall also include 

all VOC content levels and projected enforceable sales 

for all ACP products to be sold during each compliance 

period [ ;. ]

(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 other attempts to circumvent the provisions of 

this article [ ;. ]

(8) Written explanations of the date-codes that will be 

displayed on each ACP product's container or packaging

[ ;. ]

(9) A statement of the approximate dates by which the 

responsible ACP party plans to meet the applicable ACP 

VOC standards for each product in the ACP [ ;. ]

(10) An operational plan ("reconciliation of shortfalls 

plan") that commits the responsible ACP party to 

completely reconcile shortfalls, even, to the extent 

permitted by law, if the responsible ACP party files for 

bankruptcy protection. The plan for reconciliation of 

shortfalls shall contain all of the following:

(a) A clear and convincing demonstration of how 

shortfalls of up to 5.0%, 10%, 15%, 25%, 50%, 75% and 

100% of the applicable ACP limit will be completely 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1918

reconciled within 90 working days from the date the 

shortfall is determined;

(b) A listing of the specific records and other information 

that will be necessary to verify that the shortfalls were 

reconciled as specified in this subsection; and

(c) A commitment to provide a record or information 

requested by the board to verify that the shortfalls have 

been completely reconciled.

h. A declaration, signed by a legal representative for the

responsible ACP party, that states that all information 

and operational plans submitted with the ACP 

application are true and correct.

2. a. In accordance with the time periods specified in 

subsection C of this section, the board will issue an ACP 

agreement approving an ACP that meets the requirements 

of this article. The board will specify such terms and 

conditions as are necessary to ensure that the emissions 

from the ACP products do not exceed the emissions that 

would have occurred if the ACP products subject to the 

ACP had met the VOC standards specified in 9VAC5-45-

310 A. The ACP shall also include:

(1) Only those ACP products for which the enforceable 

sales are at least 75% of the gross sales as determined in 

subdivision 1 d (5) of this subsection;

(2) A reconciliation of shortfalls plan meeting the 

requirements of this article; [ and ] 

(3) Operational terms, conditions, and data to be reported 

to the board to ensure that all requirements of this article 

are met.

b. The board will not approve an ACP submitted by a 

responsible ACP party if the board determines, upon 

review of the responsible ACP party's compliance history 

with past or current ACPs or the requirements for 

consumer products in this article, that the responsible 

ACP party has a recurring pattern of violations and has 

consistently refused to take the necessary steps to correct 

those violations.

C. Provisions follow concerning ACP approval time frames.

1. The board will take appropriate action on an ACP within 

the following time periods:

a. Within 30 working days of receipt of an ACP 

application, the board will inform the applicant in writing 

that either:

(1) The application is complete and accepted for filing, or

(2) The application is deficient, and identify the specific 

information required to make the application complete.

b. Within 30 working days of receipt of additional 

information provided in response to a determination that 

an ACP application is deficient, the board will inform the 

applicant in writing that either:

(1) The additional information is sufficient to make the 

application complete, and the application is accepted for 

filing, or

(2) The application is deficient, and identify the specific 

information required to make the application complete.

c. If the board finds that an application meets the 

requirements of subsection B of this section, then it shall 

issue an ACP agreement in accordance with the 

requirements of this article. The board will [ normally ] 

act to approve or disapprove a complete application 

within 90 working days after the application is deemed 

complete. [ The board may extend this time period if 

additional information is needed. ] 

2. Before the end of each time period specified in this 

section, the board and the responsible ACP party may 

mutually agree to a longer time period for the board to take 

the appropriate action.

D. Provisions follow concerning recordkeeping and 

availability of requested information.

1. All information specified in the ACP [ Agreement

agreement ] approving an ACP shall be maintained by the 

responsible ACP party for a minimum of three years after 

such records are generated. Such records shall be clearly 

legible and maintained in good condition during this 

period.

2. The records specified in subdivision 1 of this subsection 

shall be made available to the board or its authorized 

representative:

a. Immediately upon request, during an on-site visit to a 

responsible ACP party,

b. Within five working days after receipt of a written 

request from the board, or

c. Within a time period mutually agreed upon by both the 

board and the responsible ACP party.

E. Provisions follow concerning violations.

1. Failure to meet a requirement of this article or a 

condition of an applicable ACP agreement shall constitute 

a single, separate violation of this article for each day until 

such requirement or condition is satisfied, except as 

otherwise provided in subdivisions 2 through 8 of this 

subsection.

2. False reporting of information in an ACP application or 

in any supporting documentation or amendments thereto 

shall constitute a single, separate violation of the 

requirements of this article for each day that the approved 

ACP is in effect.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1919

3. An exceedance during the applicable compliance period 

of the VOC content specified for an ACP product in the 

ACP agreement approving an ACP shall constitute a 

single, separate violation of the requirements of this article 

for each ACP product that exceeds the specified VOC 

content that is sold, supplied, offered for sale, or 

manufactured for use.

4. Any of the following actions shall each constitute a 

single, separate violation of the requirements of this article 

for each day after the applicable deadline until the 

requirement is satisfied:

a. Failure to report data or failure to report data 

accurately in writing to the board regarding the VOC 

content, LVP content, enforceable sales, or other 

information required by the deadline specified in the 

applicable ACP agreement;

b. False reporting of information submitted to the board 

for determining compliance with the ACP requirements;

c. Failure to completely implement the reconciliation of 

shortfalls plan that is set forth in the ACP agreement 

within 30 working days from the date of written 

notification of a shortfall by the board; or

d. Failure to completely reconcile the shortfall as 

specified in the ACP agreement within 90 working days 

from the date of written notification of a shortfall by the 

board.

5. False reporting or failure to report any of the 

information specified in subdivision F 2 i of this section or 

the sale or transfer of invalid surplus reductions shall 

constitute a single, separate violation of the requirements 

of this article for each day during the time period for which 

the surplus reductions are claimed to be valid.

6. Except as provided in subdivision 7 of this subsection, 

an exceedance of the ACP limit for a compliance period 

that the ACP is in effect shall constitute a single, separate 

violation of the requirements of this article for each day of 

the applicable compliance period. The board will 

determine whether an exceedance of the ACP limit has 

occurred as follows:

a. If the responsible ACP party has provided all required 

information for the applicable compliance period 

specified in the ACP agreement approving an ACP, then 

the board will 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.

b. If the responsible ACP party has failed to provide all 

the required information specified in the ACP agreement 

for an applicable compliance period, the board will 

determine whether an exceedance of the ACP limit has 

occurred as follows.

(1) For the missing data days, the board will calculate the 

total maximum historical emissions as specified in 

9VAC5-45-300 C.

(2) For the remaining portion of the compliance period 

that are not missing data days, the board will calculate 

the emissions for each ACP product using the 

enforceable sales records and VOC content that were 

reported for that portion of the applicable compliance 

period.

(3) The ACP emissions for the entire compliance period 

shall be the sum of the total maximum historical 

emissions, determined pursuant to subdivision 6 b (1) of 

this subsection, and the emissions determined pursuant to 

subdivision 6 b (2) of this subsection.

(4) The board will calculate the ACP limit for the entire 

compliance period using the ACP [ Standards standards ] 

applicable to each ACP product and the enforceable sales 

records specified in subdivision 6 b (2) of this subsection. 

The enforceable sales for each ACP product during 

missing data days, as specified in subdivision 6 b (1) of 

this subsection, shall be zero.

(5) An exceedance of the ACP limit has occurred when 

the ACP emissions, determined pursuant to subdivision 6 

b (3) of this subsection, exceeds the ACP limit, 

determined pursuant to subdivision 6 b (4) of this 

subsection.

7. If a violation specified in subdivision 6 of this 

subsection occurs, the responsible ACP party may, 

pursuant to this subdivision, establish the number of 

violations as calculated according to the following 

equation:

where:

NEV = number of ACP limit violations.

ACP emissions = the ACP emissions for the compliance 

period.

ACP limit = the ACP limit for the compliance period.

40 pounds = number of pounds of emissions equivalent 

to one violation.

The responsible ACP party may determine the number of 

ACP limit violations pursuant to this subdivision only if it 

has provided all required information for the applicable 

compliance period, as specified in the ACP agreement 

approving the ACP. By choosing this option, the 

responsible ACP party waives all legal objections to the 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1920

calculation of the ACP limit violations pursuant to this 

subdivision.

8. A cause of action against a responsible ACP party under 

this section shall be deemed to accrue on the date when the 

records establishing a violation are received by the board.

9. The responsible ACP party is fully liable for compliance 

with the requirements of this article, even if the responsible 

ACP party contracts with or otherwise relies on another 

person to carry out some or all of the requirements of this 

article.

F. Provisions follow concerning surplus reductions and 

surplus trading.

1. The board will issue surplus reduction certificates that 

establish and quantify, to the nearest pound of VOC 

reduced, the surplus reductions achieved by a responsible 

ACP party operating under an ACP. The surplus reductions 

can be bought from, sold to, or transferred to a responsible 

ACP party operating under an ACP, as provided in 

subdivision 2 of this subsection. All surplus reductions 

shall be calculated by the board at the end of each 

compliance period within the time specified in the 

approved ACP. Surplus reduction certificates shall not 

constitute instruments, securities, or another form of 

property.

2. The issuance, use, and trading of all surplus reductions 

shall be subject to the following provisions:

a. For the purposes of this article, VOC reductions from 

sources of VOCs other than consumer products subject to 

the VOC standards specified in 9VAC5-45-310 A may 

not be used to generate surplus reductions.

b. Surplus reductions are valid only when generated by a 

responsible ACP party and only while that responsible 

ACP party is operating under an approved ACP.

c. Surplus reductions are valid only after the board has 

issued an ACP agreement pursuant to subdivision 1 of 

this subsection.

d. Surplus reductions issued by the board 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 subdivision J 2 of this section.

e. Surplus reductions cannot be applied retroactively to a 

compliance period prior to the compliance period in 

which the reductions were generated.

f. Except as provided in subdivision 2 g (2) of this 

subsection, only small or one-product businesses selling 

products under an approved 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.

g. While valid, surplus reductions can be used only for 

the following purposes:

(1) To adjust the ACP emissions of either the responsible 

ACP party who generated the reductions or the 

responsible ACP party to which the reductions were 

traded, provided the surplus reductions are not to be used 

by a 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) To be traded for the purpose of reconciling another 

responsible ACP party's shortfalls, provided such 

reconciliation is part of the reconciliation of shortfalls 

plan approved by the board pursuant to subdivision B 1 g 

(10) of this section.

h. A valid surplus reduction shall be in effect starting five 

days after the date of issuance by the board for a 

continuous period equal to the number of days in the 

compliance period during which the surplus reduction 

was generated. The surplus reduction shall then expire at 

the end of its effective period.

i. At least five working days prior to the effective date of 

transfer of surplus reductions, both the responsible ACP 

party that is selling surplus reductions and the 

responsible ACP party that is buying the surplus 

reductions shall, either together or separately, notify the 

board in writing of the transfer. The notification shall 

include all of the following:

(1) The date the transfer is to become effective [ ;. ]

(2) The date the surplus reductions being traded are due 

to expire [ ;. ]

(3) The amount (in pounds of VOCs) of surplus 

reductions that is being transferred [ ;. ]

(4) The total purchase price paid by the buyer for the 

surplus reductions [ ;. ]

(5) The contact persons, names of the companies, street 

and mail addresses, and phone numbers of the 

responsible ACP parties involved in the trading of the 

surplus reductions [ ; and. ] 

(6) A copy of the board-issued surplus reductions 

certificate, signed by both the seller and buyer of the 

certificate, showing transfer of all or a specified portion 

of the surplus reductions. The copy shall show the 

amount of any remaining nontraded surplus reductions, if 

applicable, and shall show their expiration date. The copy 

shall indicate that both the buyer and seller of the surplus 

reductions fully understand the conditions and limitations 

placed upon the transfer of the surplus reductions and 

accept full responsibility for the appropriate use of such 

surplus reductions as provided in this section.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1921

j. Surplus reduction credits shall only be traded between 

ACP products.

3. Provisions follow concerning limited-use surplus 

reduction credits for early reformulations of ACP products.

a. For the purposes of this subdivision, "early 

reformulation" means an ACP product that is 

reformulated to result in a reduction in the product's 

VOC content, and that is sold, supplied, or offered for 

sale for the first time during the one-year (365 day) 

period immediately prior to the date on which the 

application for a proposed ACP is submitted to the board. 

Early reformulation does not include reformulated ACP 

products that are sold, supplied, or offered for sale more 

than one year prior to the date on which the ACP 

application is submitted to the board.

b. If requested in the application for a proposed ACP, the 

board will, upon approval of the ACP, issue surplus 

reduction credits for early reformulation of ACP 

products, provided that all of the following 

documentation has been provided by the responsible 

ACP party to the satisfaction of the board:

(1) Accurate documentation showing that the early 

reformulation reduced the VOC content of the ACP 

product to a level that is below the pre-ACP VOC 

content of the product or below the applicable VOC 

standard specified in 9VAC 5-45-310 A, whichever is the 

lesser of the two;

(2) Accurate documentation demonstrating that the early 

reformulated ACP product was sold in retail outlets 

within the time period specified in subdivision 3 a of this 

subsection;

(3) Accurate sales records for the early reformulated 

ACP product that meet the definition of enforceable sales 

records and that demonstrate that the enforceable sales 

for the ACP product are at least 75% of the gross sales 

for the product, as specified in subdivision B 1 d of this 

section; [ and ] 

(4) Accurate documentation for the early reformulated 

ACP product that meets the requirements specified in 

subdivisions B 1 c and d and B 1 g (7) and (8) of this 

section and that identifies the specific test methods for 

verifying the claimed early reformulation and the 

statistical accuracy and precision of the test methods as 

specified in subdivision B 1 g (4) of this section.

c. Surplus reduction credits issued pursuant to this 

subsection shall be calculated separately for each early 

reformulated ACP product by the board according to the 

following equation:

where:

SR = surplus reductions for the ACP product, expressed 

to the nearest pound.

Enforceable sales = the enforceable sales for the early 

reformulated ACP product, expressed to the nearest 

pound of ACP product.

VOC contentinitial = the pre-ACP VOC content of the 

ACP product, or the applicable VOC standard specified 

in 9VAC5-45-310 A, whichever is the lesser of the two, 

expressed to the nearest 0.1 pounds of VOC per 100 

pounds of ACP product.

VOC contentfinal = the VOC content of the early 

reformulated ACP product after the early reformulation 

is achieved, expressed to the nearest 0.1 pounds of VOC 

per 100 pounds of ACP product.

d. The use of limited use surplus reduction credits issued 

pursuant to this subdivision shall be subject to all of the 

following provisions:

(1) Limited use surplus reduction credits shall be used 

solely to reconcile the responsible ACP party's shortfalls, 

if any, generated during the first compliance period 

occurring immediately after the issuance of the ACP 

agreement approving an ACP, and [ shall may ] not be 

used for another purpose;

(2) Limited use surplus reduction credits [ shall may ] not 

be transferred to, or used by, another responsible ACP 

party; [ and ] 

(3) Except as provided in this subdivision, limited use 

surplus reduction credits shall be subject to all 

requirements applicable to surplus reductions and surplus 

trading as specified in subdivisions 1 and 2 of this 

subsection.

G. Provisions follow concerning the reconciliation of 

shortfalls.

1. At the end of each compliance period, the responsible 

ACP party shall make an initial calculation of shortfalls 

occurring in that compliance period as specified in the 

ACP agreement approving the ACP. Upon receipt of this 

information, the board will determine the amount of a 

shortfall that has occurred during the compliance period 

and shall notify the responsible ACP party of this 

determination.

2. The responsible ACP party shall implement the 

reconciliation of shortfalls plan as specified in the ACP 

agreement approving the ACP within 30 working days 

from the date of written notification of a shortfall by the 

board.

3. All shortfalls shall be completely reconciled within 90 

working days from the date of written notification of a 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1922

shortfall by the board by implementing the reconciliation 

of shortfalls plan specified in the ACP agreement 

approving the ACP.

4. All requirements specified in the ACP agreement 

approving an ACP, including all applicable ACP limits, 

shall remain in effect while shortfalls are in the process of 

being reconciled.

H. Provisions follow concerning the notification of 

modifications to an ACP by the responsible ACP party.

1. Board pre-approval is not required for modifications that 

are a change to an ACP product's: (i) product name, (ii) 

product formulation, (iii) product form, (iv) product 

function, (v) applicable product category, (vi) VOC 

content, (vii) LVP content, (viii) date-codes, or (ix) 

recommended product usage directions. The responsible 

ACP party shall notify the board of such changes, in 

writing, no later than 15 working days from the date such a 

change occurs. For each modification, the notification shall 

fully explain the following:

a. The nature of the modification;

b. The extent to which the ACP product formulation, 

VOC content, LVP content, or recommended usage 

directions will be changed;

c. The extent to which the ACP emissions and ACP limit 

specified in the ACP agreement will be changed for the 

applicable compliance period; and

d. The effective date and corresponding date-codes for 

the modification.

2. The responsible ACP party may propose modifications 

to the enforceable sales records or the reconciliation of 

shortfalls plan specified in the ACP agreement approving 

the ACP, however, such modifications require board preapproval. Any such proposed modifications shall be fully 

described in writing and forwarded to the board. The 

responsible ACP party shall clearly demonstrate that the 

proposed modifications will meet the requirements of this 

article. The board will act on the proposed modifications 

using the procedure set forth in subsection C of this 

section. The responsible ACP party shall meet all 

applicable requirements of the existing ACP until such 

time as a proposed modification is approved in writing by 

the board.

3. Except as otherwise provided in subdivisions 1 and 2 of 

this subsection, the responsible ACP party shall notify the 

board, in writing, of information known by the responsible 

ACP party that may alter the information submitted 

pursuant to the requirements of subsection B of this 

section. The responsible ACP party shall provide such 

notification to the board no later than 15 working days 

from the date such information is known to the responsible 

ACP party.

I. Provisions follow concerning the modification of an ACP 

by the board.

1. If the board determines that: (i) the enforceable sales for 

an ACP product are no longer at least 75% of the gross 

sales for that product, (ii) the information submitted 

pursuant to the approval process set forth in subsection C 

of this section is no longer valid, or (iii) the ACP emissions 

are exceeding the ACP limit specified in the ACP 

agreement approving an ACP, then the board will modify 

the ACP as necessary to ensure that the ACP meets all 

requirements of this article and that the ACP emissions 

will not exceed the ACP limit. [ Modifications of ACPs are 

considered case decisions and will be processed using the 

procedures prescribed in 9VAC5-170 and Article 3 (§ 2.2-

4018 et seq.) of the Administrative Process Act. ] 

2. If any applicable VOC standards specified in 9VAC5-

45-310 A are modified by the board in a future rulemaking, 

the board will modify the ACP limit specified in the ACP 

agreement approving an ACP to reflect the modified ACP 

VOC standards as of their effective dates.

J. Provisions follow concerning the cancellation of an ACP.

1. An ACP shall remain in effect until:

a. The ACP reaches the expiration date specified in the 

ACP agreement;

b. The ACP is modified by the responsible ACP party 

and approved by the board as provided in subsection H of 

this section;

c. The ACP is modified by the board as provided in 

subsection I of this section;

d. The ACP includes a product for which the VOC 

standard specified in 9VAC5-45-310 A is modified by 

the board in a future rulemaking, and the responsible 

ACP party informs the board in writing that the ACP will 

terminate on the effective date of the modified standard;

[ or ] 

e. The ACP is cancelled pursuant to subdivision 2 of this 

subsection.

2. The board will cancel an ACP if any of the following 

circumstances occur:

a. The responsible ACP party demonstrates to the 

satisfaction of the board that the continuation of the ACP 

will result in an extraordinary economic hardship [ ;. ]

b. The responsible ACP party violates the requirements 

of the approved ACP, and the violation results in a 

shortfall that is 20% or more of the applicable ACP limit 

(i.e., the ACP emissions exceed the ACP limit by 20% or 

more) [ ;. ]
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1923

c. The responsible ACP party fails to meet the 

requirements of subsection G of this section within the 

time periods specified in that subsection.

d. The responsible ACP party has demonstrated a 

recurring pattern of violations and has consistently failed 

to take the necessary steps to correct those violations.

3. Cancellations of ACPs are considered case decisions and 

will be processed using the procedures prescribed in

[ 9VAC5-170 and 9VAC5-170-40 A 2 and applicable 

provisions of ] Article 3 (§ 2.2-4018 et seq.) of the 

Administrative Process Act.

4. The responsible ACP party for an ACP that is canceled 

pursuant to this section and who does not have a valid ACP 

to immediately replace the canceled ACP shall meet all of 

the following requirements:

a. All remaining shortfalls in effect at the time of ACP 

cancellation shall be reconciled in accordance with the 

requirements of subsection G of this section, and

b. All ACP products subject to the ACP shall be in 

compliance with the applicable VOC standards in 

9VAC5-45-310 A immediately upon the effective date of 

ACP cancellation.

5. Violations incurred pursuant to subsection E of this 

section shall not be cancelled or affected by the subsequent 

cancellation or modification of an ACP pursuant to 

subsection H, I, or J of this section.

K. The information required by subdivisions B 1 a and b and 

F 2 i of this section is public information that may not be 

claimed as confidential. [ All other Other ] information 

submitted to the board to meet the requirements of this

[ article section ] shall be available to the public except where 

the owner makes a showing satisfactory to the board under 

9VAC5-170-60 B that the information meets the criteria in 

9VAC5-170-60 C, in which case the information shall be 

handled in accordance with the procedures specified in §§ 

10.1-1314 and 10.1-1314.1 of the Air Pollution Control Law 

of Virginia.

L. A responsible ACP party may transfer an ACP to another 

responsible ACP party, provided that all of the following 

conditions are met:

1. The board will be notified, in writing, by both 

responsible ACP parties participating in the transfer of the 

ACP and its associated ACP agreement. The written 

notifications shall be postmarked at least five working days 

prior to the effective date of the 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. 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 agreement approving the ACP and this article.

M. In approving agreements under subsections B through L 

of this section, the board will take into consideration whether 

the applicant has been granted an ACP by CARB. A 

manufacturer of consumer products that has been granted an 

ACP agreement by the CARB under the provisions in 

Subchapter 8.5, Article 4, Sections 94540-94555, of Title 17 

of the California Code of Regulations (see 9VAC5-20-21) 

may be exempt from Table 45-3A for the period of time that 

the CARB ACP agreement remains in effect provided that all 

ACP products used for emission credits within the CARB 

ACP agreement are contained in Table 45-3A. A 

manufacturer claiming such an ACP agreement on this basis 

must submit to the board a copy of the CARB ACP decision 

(i.e., the executive order), including all conditions established 

by CARB applicable to the exemption and certification that 

the manufacturer will comply with the CARB ACP decision 

for those ACP products in the areas specified in 9VAC5-45-

280 C.

9VAC5-45-330. Innovative products.

A. Manufacturers of consumer products may seek an 

innovative products exemption in accordance with the 

following criteria:

1. The board will exempt a consumer product from the 

VOC limits specified in 9VAC5-45-310 A if a 

manufacturer demonstrates by clear and convincing 

evidence that, due to some characteristic of the product 

formulation, design, delivery systems or other factors, the 

use of the product will result in less VOC emissions as 

compared to:

a. The VOC emissions from a representative consumer 

product that complies with the VOC limits specified in 

9VAC5-45-310 A, or

b. The calculated VOC emissions from a noncomplying 

representative product, if the product had been 

reformulated to comply with the VOC limits specified in 

9VAC5-45-310 A. VOC emissions shall be calculated 

using the following equation:

where:

ER = The VOC emissions from the noncomplying 

representative product, had it been reformulated.

ENC = The VOC emissions from the noncomplying 

representative product in its current formulation.

VOCSTD = the VOC limit specified in Table 45-3A.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1924

VOCNC = the VOC content of the noncomplying product 

in its current formulation.

If a manufacturer demonstrates that this equation yields 

inaccurate results due to some characteristic of the 

product formulation or other factors, an alternative 

method that accurately calculates emissions may be used 

upon approval of the board.

2. For the purposes of this subsection, "representative 

consumer product" means a consumer product that meets 

all of the following criteria:

a. The representative product shall be subject to the same 

VOC limit in 9VAC5-45-310 A as the innovative 

product;

b. The representative product shall be of the same 

product form as the innovative product unless the 

innovative product uses a new form that does not exist in 

the product category at the time the application is made; 

and

c. The representative product shall have at least a similar 

efficacy as other consumer products in the same product 

category based on tests generally accepted for that 

product category by the consumer products industry.

3. A manufacturer shall apply in writing to the board for an 

exemption claimed under subdivision A 1 of this section. 

The application shall include the supporting documentation 

that demonstrates the emissions from the innovative 

product, including the actual physical test methods used to 

generate the data and, if necessary, the consumer testing 

undertaken to document product usage. In addition, the 

applicant must provide the information necessary to enable 

the board 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 Information ] submitted

[ by a manufacturer to the board ] pursuant to this section 

shall be [ available to the public except where the owner 

makes a showing satisfactory to the board under 9VAC5-

170-60 B that the information meets the criteria in 9VAC5-

170-60 C, in which case the information shall be ] handled 

in accordance with the procedures specified in §§ 10.1-

1314 and 10.1-1314.1 of the Air Pollution Control Law of 

Virginia [ and 9VAC5-170-60 ].

4. Within 30 days of receipt of the exemption application, 

the board will determine whether an application is 

complete.

5. Within 90 days after an application has been deemed 

complete, the board will determine whether, under what 

conditions, and to what extent an exemption from the 

requirements of 9VAC5-45-310 A will be permitted. [ The 

applicant and the board may mutually agree to a longer 

time period for reaching a decision The board may extend 

this time period if additional time is needed to reach a 

decision ], and additional supporting documentation may 

be submitted by the applicant before a decision has been 

reached. The board will 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 subdivision 1 of 

this subsection, and that such emissions reductions can be 

enforced.

6. In granting an exemption for a product, the board will 

establish enforceable conditions. These conditions shall 

include the VOC content of the innovative product, 

dispensing rates, application rates, and other parameters 

determined by the board to be necessary. The board will 

also specify the test methods for determining conformance 

to the conditions established. The test methods shall 

include criteria for reproducibility, accuracy, sampling, and 

laboratory procedures.

7. For a product for which an exemption has been granted 

pursuant to this section, the manufacturer shall notify the 

board in writing within 30 days of a change in the product 

formulation or recommended product usage directions and 

shall also notify the board within 30 days if the 

manufacturer learns of information that would alter the 

emissions estimates submitted to the board in support of 

the exemption application.

8. If the VOC limits specified in 9VAC5-45-310 A are 

lowered for a product category through a subsequent 

rulemaking, all innovative product exemptions granted for 

products in the product category, except as provided in this 

subdivision, shall have no force and effect as of the 

effective date of the modified VOC standard. This 

subdivision shall not apply to those innovative products 

that have VOC emissions less than the applicable lowered 

VOC limit and for which a written notification of the 

product's emissions status versus the lowered VOC limit 

has been submitted to and approved by the board at least 

60 days before the effective date of such limits.

9. If the board believes that a consumer product for which 

an exemption has been granted no longer meets the criteria 

for an innovative product specified in subdivision 1 of this 

subsection, the board may modify or revoke the exemption 

as necessary to assure that the product will meet these 

criteria. [ Modifications and revocations of exemptions are 

considered case decisions and will be processed using the 

procedures prescribed in 9VAC5-170 and Article 3 (§ 2.2-

4018 et seq.) of the Administrative Process Act. ] 

B. In granting an exemption under this section, the board 

will take into consideration whether the applicant has been 

granted an innovative product exemption by CARB. A 

manufacturer of consumer products that has been granted an 

innovative product exemption by the CARB under the 

innovative products provisions in Subchapter 8.5, Article 2, 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1925

Section 94511, or Subchapter 8.5, Article 1, Section 94503.5 

of Title 17 of the California Code of Regulations (see 

9VAC5-20-21), may be exempt from Table 45-3A for the 

period of time that the CARB innovative products exemption 

remains in effect provided that all consumer products within 

the CARB innovative products exemption are contained in 

Table 45-3A. A manufacturer claiming such an exemption on 

this basis must submit to the board a copy of the innovative 

product exemption decision (i.e., the [ Executive Order

executive order ] ), including all conditions established by 

CARB applicable to the exemption [ , ] and certification that 

the manufacturer will comply with the CARB innovative 

product exemption decision for those products in the areas 

specified in 9VAC5-45-280 C.

9VAC5-45-340. Administrative requirements.

A. Provisions follow concerning product dating.

1. Each manufacturer of a consumer product subject to 

9VAC5-45-310 shall clearly display on each consumer 

product container or package, the day, month, and year on 

which the product was manufactured or a code indicating 

such date.

2. A manufacturer who uses the following code to indicate 

the date of manufacture shall not be subject to the 

requirements of subdivision B 1 of this section, if the code 

is represented separately from other codes on the product 

container so that it is easily recognizable:

YY DDD = year year day day day

where:

[ "YY" YY ] = two digits representing the year in which 

the product was manufactured, and

[ "DDD" DDD ] = three digits representing the day of 

the year on which the product was manufactured, 

with [ "001" 001 ] representing the first day of the 

year, [ "002" 002 ] representing the second day of the 

year, and so forth (i.e., the [ "Julian date" Julian date ] ).

3. The date or date code shall be located on the container 

or inside the cover or cap so that it is readily observable or 

obtainable (by simply removing the cap or cover) without 

irreversibly disassembling a part of the container or 

packaging. For the purposes of this subdivision, 

information may be displayed on the bottom of a container 

as long as it is clearly legible without removing any 

product packaging.

4. This date or date code shall be displayed on each 

consumer product container or package no later than the 

effective date of the applicable standard specified in 

9VAC5-45-310 A.

5. The requirements of this section shall not apply to 

products containing no VOCs or containing VOCs at 

0.10% by weight or less.

B. Additional provisions follow concerning product dating.

1. If a manufacturer uses a code indicating the date of 

manufacture for a consumer product subject to 9VAC5-45-

310, an explanation of the date portion of the code must be 

filed with the board upon request by the board.

2. If a manufacturer changes any code indicating the date 

of manufacture for any consumer product subject to 

9VAC5-45-310 and the board has requested an explanation 

of any previous product dating code for that consumer 

product, then an explanation of the modified code shall be 

submitted to the board before any products displaying the 

modified code are sold, supplied, or offered for sale within 

the areas designated in 9VAC5-45-280 C.

3. No person shall erase, alter, deface, or otherwise remove 

or make illegible any date or code indicating the date of 

manufacture from any regulated product container without 

the express authorization of the manufacturer.

4. Date code explanations for codes indicating the date of 

manufacture are public information and may not be 

claimed as confidential.

C. Notwithstanding the definition of "product category" in 

9VAC5-45-300 C, if anywhere on the principal display panel 

of a consumer product, a representation is made that the 

product may be used as or is suitable for use as a consumer 

product for which a lower VOC limit is specified in 9VAC5-

45-310 A, then the lowest VOC limit shall apply. This 

requirement does not apply to general purpose cleaners, 

antiperspirant or deodorant products, and insecticide foggers.

D. Provisions follow concerning additional labeling 

requirements for aerosol adhesives.

1. In addition to the requirements specified in subsections 

A and C of this section and in 9VAC5-45-390, both the 

manufacturer and responsible party for each aerosol 

adhesive product subject to this article shall ensure that all 

products clearly display the following information on each 

product container that is manufactured on or after July 1, 

2005.

a. The aerosol adhesive category as specified in 9VAC5-

45-310 A or an abbreviation of the category shall be 

displayed;

b. (1) The applicable VOC standard for the product that 

is specified in 9VAC5-45-310 A, expressed as a 

percentage by weight, shall be displayed unless the 

product is included in an alternative control plan 

approved by the board, as provided in 9VAC5-45-320, 

and the product exceeds the applicable VOC standard;

(2) If the product is included in an alternative control 

plan approved by the board, and the product exceeds the 

applicable VOC standard specified in 9VAC5-45-310 A, 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1926

the product shall be labeled with the term "ACP" or 

"ACP product";

c. If the product is classified as a special purpose spray 

adhesive, the applicable substrate or application or an 

abbreviation of the substrate or application that qualifies 

the product as special purpose shall be displayed;

d. If the manufacturer or responsible party uses an 

abbreviation as allowed by this subsection, an 

explanation of the abbreviation must be filed with the 

board before the abbreviation is used.

2. The information required in subdivision 1 of this 

subsection shall be displayed on the product container such 

that it is readily observable without removing or 

disassembling a portion of the product container or 

packaging. For the purposes of this subsection, information 

may be displayed on the bottom of a container as long as it 

is clearly legible without removing product packaging.

3. No person shall remove, alter, conceal, or deface the 

information required in subdivision 1 of this subsection 

prior to final sale of the product.

9VAC5-45-350. Compliance.

The provisions of 9VAC5-45-20 (Compliance) apply.

9VAC5-45-360. Compliance schedules.

Affected owners or other persons shall comply with the 

provisions of this article as expeditiously as possible but in no 

case later than:

1. January 1, 2005, in the Northern Virginia VOC 

Emissions Control Area; or

2. January 1, 2008, in the Fredericksburg VOC Emissions 

Control Area.

9VAC5-45-370. Test methods and procedures.

A. The provisions of 9VAC5-45-30 (Emission testing) 

apply.

B. 1. Testing to determine compliance with the requirements 

of this article shall be performed using CARB Method 310 

(see 9VAC5-20-21). Alternative methods that can accurately 

determine the concentration of VOCs in a subject product or 

its emissions may be used consistent with the approval 

requirements of 9VAC5-45-30 A.

2. In sections 3.5, 3.6, and 3.7 of CARB Method 310 (see 

9VAC5-20-21), a process is specified for the "Initial 

Determination of VOC Content" and the "Final 

Determination of VOC Content." Information submitted to 

the board to [ demonstrate compliance with meet ] the 

requirements of this [ article section ] shall be available to 

the public except where the owner makes a showing 

satisfactory to the board under 9VAC5-170-60 B that the 

information meets the criteria in 9VAC5-170-60 C, in 

which case the information shall be handled in accordance 

with the [ confidentiality ] procedures specified in §§ 10.1-

1314 and 10.1-1314.1 of the Air Pollution Control Law of 

Virginia.

C. For VOC content determinations using product 

formulation and records, testing to determine compliance 

with the requirements of this article may also be demonstrated 

through calculation of the VOC content from records of the 

amounts of constituents used to make the product pursuant to 

the following criteria:

1. Compliance determinations based on these records may 

not be used unless the manufacturer of a consumer product 

keeps accurate records for each day of production of the 

amount and chemical composition of the individual 

product constituents. These records must be kept for at 

least three years.

2. For the purposes of this subsection, the VOC content 

shall be calculated according to the following equation:

where:

A = total net weight of unit (excluding container and 

packaging).

B = total weight of all VOCs per unit.

C = total weight of all exempted VOCs per unit as 

specified in 9VAC5-45-290.

3. If product records appear to demonstrate compliance 

with the VOC limits, but these records are contradicted by 

product testing performed using CARB Method 310 (see 

9VAC5-20-21), the results of CARB Method 310 shall 

take precedence over the product records and may be used 

to establish a violation of the requirements of this article.

D. Testing to determine whether a product is a liquid or 

solid shall be performed using ASTM "Standard Test Method 

for Determining Whether a Material is a Liquid or a Solid" 

(see 9VAC5-20-21).

E. Testing to determine compliance with the certification 

requirements for charcoal lighter material shall be performed 

using the procedures specified in the South Coast Air Quality 

Management District Rule 1174 Ignition Method Compliance 

Certification Protocol (see 9VAC5-20-21).

F. Testing to determine distillation points of petroleum 

distillate-based charcoal lighter materials shall be performed 

using ASTM "Standard Test Method for Distillation of 

Petroleum Products at Atmospheric Pressure" (see 9VAC5-

20-21).

G. No person shall create, alter, falsify, or otherwise modify 

records in such a way that the records do not accurately 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1927

reflect the constituents used to manufacture a product, the 

chemical composition of the individual product, and other 

tests, processes, or records used in connection with product 

manufacture.

9VAC5-45-380. Monitoring.

The provisions of 9VAC5-45-40 (Monitoring) apply.

9VAC5-45-390. Notification, records and reporting.

A. The provisions of 9VAC5-45-50 (Notification, records 

and reporting) apply.

B. Upon 90 days written notice, the board may require a 

responsible party to report information for a consumer 

product the board may specify, including, but not limited to, 

all or part of the following information:

1. The company name of the responsible party and the 

party's address, telephone number, and designated contact 

person [ ;. ]

2. A showing satisfactory to the board under 9VAC5-170-

60 B and C that supports any claim of confidentiality made 

pursuant to 9VAC5-170-60, §§ 10.1-1314 and 10.1-1314.1 

of the Virginia Air Pollution Control Law, and other 

applicable state confidentiality requirements [ ;. ]

3. The product brand name for each consumer product 

subject to registration and, upon request by the board, the 

product label [ ;. ]

4. The product category to which the consumer product 

belongs [ ;. ]

5. The applicable product forms listed separately [ ;. ]

6. An identification of each product brand name and form 

as a "Household Product," "I&I Product," or both [ ;. ]

7. Separate sales in pounds per year, to the nearest pound, 

and the method used to calculate sales for each product 

form [ ;. ]

8. For registrations submitted by two companies, an 

identification of the company that is submitting relevant 

data separate from that submitted by the responsible party. 

All registration information from both companies shall be 

submitted by the date specified in this subsection [ ;. ]

9. For each product brand name and form, the net percent 

by weight of the total product, less container and 

packaging, composed of the following, rounded to the 

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

a. Total exempt compounds [ ;. ]

b. Total LVP-VOCs that are not fragrances [ ;. ]

c. Total all other carbon-containing compounds that are 

not fragrances [ ;. ]

d. Total all noncarbon-containing compounds [ ;. ]

e. Total fragrance [ ;. ]

f. For products containing greater than 2.0% by weight 

fragrance:

(1) The percent of fragrances that are LVP-VOCs [ , and;

; and ] 

(2) The percent of fragrances that are all other carboncontaining compounds [ ;. ]

g. Total paradichlorobenzene [ ;. ]

10. For each product brand name and form, the identity, 

including the specific chemical name and associated 

Chemical Abstract Services (CAS) number, of the 

following:

a. Each exempt compound; and

b. Each LVP-VOC that is not a fragrance [ ;. ]

11. If applicable, the weight percent composed of 

propellant for each product [ ;. ]

12. If applicable, an identification of the type of propellant

[ ;. ]

C. In addition to the requirements of subdivision B 10 of this 

section, the responsible party shall report to the board the net 

percentage by weight of each ozone-depleting compound that 

is:

1. Listed in 9VAC5-45-310 I; and

2. Contained in a product subject to registration under 

subsection B of this section in an amount greater than 1.0% 

by weight.

D. [ All information Information ] submitted by responsible 

parties pursuant to this section shall be [ available to the 

public except where the owner makes a showing satisfactory 

to the board under 9VAC5-170-60 B that the information 

meets the criteria in 9VAC5-170-60 C, in which case the 

information shall be ] handled in accordance with the 

procedures specified in §§ 10.1-1314 and 10.1-1314.1 of the 

Air Pollution Control Law of Virginia [ and 9VAC5-170-60 ].

E. Provisions follow concerning special recordkeeping and 

reporting requirements for consumer products that contain 

perchloroethylene or methylene chloride.

1. The requirements of this subsection shall apply to all 

responsible parties for consumer products that are subject 

to 9VAC5-45-310 A and contain perchloroethylene or 

methylene chloride. For the purposes of this subsection, a 

product contains perchloroethylene or methylene chloride 

if the product contains 1.0% or more by weight (exclusive 

of the container or packaging) of either perchloroethylene 

or methylene chloride.

2. For each consumer product that contains 

perchloroethylene or methylene chloride, the responsible 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1928

party shall keep records of the following information for 

products sold during each calendar year, beginning with 

the year of the applicable compliance date specified in 

9VAC5-45-360, and ending with the year 2010:

a. The product brand name and a copy of the product 

label with legible usage instructions;

b. The product category to which the consumer product 

belongs;

c. The applicable product form, listed separately;

d. For each product form listed in subdivision 2 c of this 

subsection, the total sales during the calendar year to the 

nearest pound (exclusive of the container or packaging), 

and the method used for calculating sales;

e. The weight percentage, to the nearest 0.10% of 

perchloroethylene and methylene chloride in the 

consumer product;

3. Upon 90 days written notice, the board may require a 

responsible party to report the information specified in 

subdivision 2 of this subsection.

4. Records required by subdivision 2 of this subsection 

shall be maintained by the responsible party for [ five

three ] calendar years from the date such records were 

created.

5. Alternative control plan notifications, records, and 

reporting shall be made as required by 9VAC5-45-320 and 

as required in the ACP agreement.

6. Innovative product notifications, records, and reporting 

shall be made as required by 9VAC5-45-330 and as 

required in the innovative products exemption notification 

letter.

Article 4 

Emission Standards for Consumer Products Manufactured on 

or after [ January 1, 2009 August 1, 2010 ] 

9VAC5-45-400. Applicability.

A. Except as provided in 9VAC5-45-410, the provisions of 

this article apply to any consumer product manufactured on or 

after [ January 1, 2009 August 1, 2010 ], that contains volatile 

organic compounds (VOCs). The provisions of Article 3 

(9VAC5-45-280 et seq.) of this part apply to consumer 

products manufactured before [ January 1, 2009 August 1, 

2010 ].

B. Except as provided in [ section ] 9VAC5-45-410, the 

provisions of this article apply to any owner or other person 

who sells, supplies, offers for sale or manufactures for sale 

any consumer product.

C. The provisions of this article apply to owners and other 

persons in the Northern Virginia and Fredericksburg Volatile 

Organic Compound Emissions Control Areas designated in 

9VAC5-20-206.

D. For purposes of this article, the terms "supply" or 

"supplied" do not include internal transactions within a 

business or governmental entity. These terms only apply to 

transactions between manufacturers/commercial distributors 

that sell or otherwise provide products to 

businesses/governmental entities/individuals.

9VAC5-45-410. Exemptions.

A. This article shall not apply to any consumer product 

manufactured in the applicable volatile organic compound 

emissions control areas designated in 9VAC5-45-400 C for 

shipment and use outside of those areas.

B. The provisions of this article shall not apply to a 

manufacturer or distributor who sells, supplies, or offers for 

sale a consumer product that does not comply with the VOC 

standards specified in 9VAC5-45-430 A, as long as the 

manufacturer or distributor can demonstrate both that the 

consumer product is intended for shipment and use outside of 

the applicable volatile organic compound emissions control 

areas designated in 9VAC5-45-400 C, and that the 

manufacturer or distributor has taken reasonable prudent 

precautions to assure that the consumer product is not 

distributed to those applicable volatile organic compound 

emissions control areas. This subsection does not apply to 

consumer products that are sold, supplied, or offered for sale 

by any person to retail outlets in those applicable volatile 

organic compound emissions control areas.

C. The medium volatility organic compound (MVOC) 

content standards specified in 9VAC5-45-430 A for 

antiperspirants or deodorants shall not apply to ethanol.

D. The VOC limits specified in 9VAC5-45-430 A shall not 

apply to fragrances up to a combined level of 2.0% by weight 

contained in any consumer product and shall not apply to 

colorants up to a combined level of 2.0% by weight contained 

in any antiperspirant or deodorant.

E. The requirements of 9VAC5-45-430 A for antiperspirants 

or deodorants shall not apply to those volatile organic 

compounds that contain more than 10 carbon atoms per 

molecule and for which the vapor pressure is unknown, or 

that have a vapor pressure of 2 mm Hg or less at 20oC.

F. The VOC limits specified in 9VAC5-45-430 A shall not 

apply to any LVP-VOC.

G. The VOC limits specified in 9VAC5-45-430 A shall not 

apply to air fresheners that are composed entirely of 

fragrance, less compounds not defined as VOCs or LVPVOC exempted under subsection F of this section.

H. The VOC limits specified in 9VAC5-45-430 A shall not 

apply to air fresheners and insecticides containing at least 

98% paradichlorobenzene.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1929

I. The VOC limits specified in 9VAC5-45-430 A shall not 

apply to adhesives sold in containers of one fluid ounce or 

less.

J. The VOC limits specified in 9VAC5-45-430 A shall not 

apply to bait station insecticides. For the purpose of this 

section, bait station insecticides are containers enclosing an 

insecticidal bait that is not more than 0.5 ounce by weight, 

where the bait is designed to be ingested by insects and is 

composed of solid material feeding stimulants with less than 

5.0% active ingredients.

K. A person who cannot comply with the requirements set 

forth in 9VAC5-45-430, because of extraordinary reasons 

beyond the person's reasonable control may apply in writing 

to the board for a waiver.

1. The application shall set forth:

a. The specific grounds upon which the waiver is sought, 

including the facts that support the extraordinary reasons 

that compliance is beyond the applicant's reasonable 

control;

b. The proposed dates by which compliance with the 

provisions of 9VAC5-45-430 will be achieved; and

c. A compliance report reasonably detailing the methods 

by which compliance will be achieved.

2. Upon receipt of an application containing the 

information required in subdivision 1 of this subsection, 

the board will hold a public hearing to determine whether, 

under what conditions, and to what extent, a waiver from 

the requirements in 9VAC5-45-430 is necessary and will 

be permitted. A hearing shall be initiated no later than 75 

days after receipt of a waiver application. Notice of the 

time and place of the hearing shall be sent to the applicant 

by certified mail not less than 30 days prior to the hearing. 

Notice of the hearing shall also be submitted for 

publication in the Virginia Register of Regulations. At 

least 30 days prior to the hearing, the waiver application 

shall be made available to the public for inspection. 

Information submitted to the board by a waiver applicant 

shall be available to the public, except where the owner 

makes a showing satisfactory to the board under 9VAC5-

170-60 B that the information meets the criteria in 9VAC5-

170-60 C, in which case the information shall be handled 

in accordance with the procedures specified in §§ 10.1-

1314 and 10.1-1314.1 of the Air Pollution Control Law of 

Virginia. The board may consider both public and 

confidential information in reaching a decision on a waiver 

application. Interested members of the public shall be 

allowed a reasonable opportunity to testify at the hearing 

and their testimony shall be considered.

3. No waiver shall be granted unless all of the following 

findings are made:

a. That, because of reasons beyond the reasonable control 

of the applicant, requiring compliance with 9VAC5-45-

430 would result in extraordinary economic hardship;

b. That the public interest in mitigating the extraordinary 

hardship to the applicant by issuing the waiver outweighs 

the public interest in avoiding any increased emissions of 

air pollutants that would result from issuing the waiver; 

and

c. That the compliance report proposed by the applicant 

can reasonably be implemented and will achieve 

compliance as expeditiously as possible.

4. Any waiver may be issued as an order of the board. The 

waiver order shall specify a final compliance date by 

which the requirements of 9VAC5-45-430 will be 

achieved. Any waiver order shall contain a condition that 

specifies increments of progress necessary to assure timely 

compliance and such other conditions that the board, in 

consideration of the testimony received at the hearing, 

finds necessary to carry out the purposes of the Virginia 

Air Pollution Control Law and the regulations of the board.

5. A waiver shall cease to be effective upon failure of the 

party to whom the waiver was granted to comply with any 

term or condition of the waiver order.

6. Upon the application of anyone, the board may review 

and for good cause modify or revoke a waiver from 

requirements of 9VAC5-45-430. [ Modifications and 

revocations of waivers are considered case decisions and 

will be processed using the procedures prescribed in 

9VAC5-170 and Article 3 (§ 2.2-4018 et seq.) of the 

Administrative Process Act. ] 

L. The requirements of 9VAC5-45-460 A shall not apply to 

consumer products registered under FIFRA.

9VAC5-45-420. Definitions.

A. For the purpose of applying this article in the context of 

the Regulations for the Control and Abatement of Air 

Pollution and related uses, the words or terms shall have the

[ meaning meanings ] given them in subsection C of this 

section.

B. As used in this article, all terms not defined herein shall 

have the [ meaning meanings ] given them in 9VAC5-10 [

(General Definitions) ], unless otherwise required by context.

C. Terms defined.

"ACP" or "alternative control plan" means any emissions 

averaging program approved by the board pursuant to the 

provisions of this article.

"ACP agreement" means the document signed by the board 

that includes the conditions and requirements of the board 

and that allows manufacturers to sell ACP products pursuant 

to the requirements of this article.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1930

"ACP emissions" means the sum of the VOC emissions 

from every ACP product subject to an ACP agreement 

approving an ACP, during the compliance period specified in 

the ACP agreement, expressed to the nearest pound of VOC 

and calculated according to the following equation:

where:

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

Enforceable sales = (see definition in this section).

VOC content = one of the following:

1. For all products except for charcoal lighter material 

products:

where:

A = total net weight of unit (excluding container and 

packaging).

B = total weight of all VOCs per unit.

C = total weight of all exempted VOCs per unit, as 

specified in 9VAC5-45-410.

[ 2. For charcoal lighter material products only: ] 

[ 2. For charcoal lighter material products only: ] 

where:

Certified emissions = (see definition in this section).

Certified use rate = (see definition in this section).

"ACP limit" means the maximum allowable ACP emissions 

during the compliance period specified in an ACP agreement 

approving an ACP, expressed to the nearest pound of VOC, 

and calculated according to the following equation:

where:

where:

Enforceable sales = (see definition in this section).

ACP standard = (see definition in this section).

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

"ACP product" means any consumer product subject to the 

VOC standards specified in 9VAC5-45-430 A, except those 

products that have been exempted as innovative products 

under 9VAC5-45-450.

"ACP reformulation" or "ACP reformulated" means the 

process of reducing the VOC content of an ACP product 

within the period that an ACP is in effect to a level that is less 

than the current VOC content of the product.

"ACP standard" means either the ACP product's pre-ACP 

VOC content or the applicable VOC standard specified in 

9VAC5-45-430 A, whichever is the lesser of the two.

"ACP VOC standard" means the maximum allowable VOC 

content for an ACP product, determined as follows:

1. The applicable VOC standard specified in 9VAC5-45-

430 A for all ACP products except for charcoal lighter 

material;

2. For charcoal lighter material products only, the VOC 

standard for the purposes of this article shall be calculated 

according to the following equation:

where:

0.020 = the certification emissions level for the product, as 

specified in9VAC5-45-430 E.

Certified use rate = (see definition in this section).

"Adhesive" means any product that is used to bond one 

surface to another by attachment. Adhesive does not include 

products used on humans and animals, adhesive tape, contact 

paper, wallpaper, shelf liners, or any other product with an 

adhesive incorporated onto or in an inert substrate. For 

contact adhesive only, adhesive also does not include units of 

product, less packaging, [ which that ] consist of more than 

one gallon. In addition, for construction, panel, and floor 

covering adhesive and general purpose adhesive only, 

adhesive does not include units of product, less packaging, 

that weigh more than one pound and consist of more than 16 

fluid ounces. The package size limitations do not apply to 

aerosol adhesives.

"Adhesive remover" means a product designed to remove 

adhesive from either a specific substrate or a variety of 

substrates. Adhesive remover does not include products that 

remove adhesives intended exclusively for use on humans or 

animals. For the purpose of this definition and the following 

adhesive remover subcategories in subdivisions 1 through 4 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1931

of this definition, adhesive shall mean a substance used to 

bond one or more materials. Adhesives include, but are not 

limited to, caulk, sealant, glue, or similar substances used for 

the purpose of forming a bond.

1. "Floor and wall covering adhesive remover" means a 

product designed or labeled to remove floor or wall 

coverings and associated adhesive from the underlying 

substrate.

2. "Gasket or thread locking adhesive remover" means a 

product designed or labeled to remove gaskets or thread 

locking adhesives. Products labeled for dual use as a paint 

stripper and as a gasket remover or thread locking adhesive 

remover are considered gasket or thread locking adhesive 

remover.

3. "General purpose adhesive remover" means a product 

designed or labeled to remove cyanoacrylate adhesives and 

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, dextrin-based or 

starch-based adhesives, casein glues [ ;, ] rubber-based or 

latex-based adhesives, as well as products that remove 

stickers, decals, stencils, or similar materials. General 

purpose adhesive remover does not include floor or wall 

covering adhesive remover.

4. "Specialty adhesive remover" means a product designed 

to remove reactive adhesives from a variety of substrates. 

Reactive adhesives include adhesives that require a 

hardener or catalyst in order for the bond to occur. 

Examples of reactive adhesives include, but are not limited 

to, epoxies, urethanes, and silicones. Specialty adhesive 

remover does not include gasket or thread locking adhesive 

remover.

"Aerosol adhesive" means an aerosol product in which the 

spray mechanism is permanently housed in a nonrefillable 

can designed for hand-held application without the need for 

ancillary hoses or spray equipment. Aerosol adhesives 

include special purpose spray adhesives, mist spray 

adhesives, and web spray adhesives.

"Aerosol cooking spray" means any aerosol product 

designed either to reduce sticking on cooking and baking 

surfaces or to be applied on food, or both.

"Aerosol product" means a pressurized spray system that 

dispenses product ingredients by means of a propellant 

contained in a product or a product's carrier, or by means of a 

mechanically induced force. Aerosol product does not include 

pump sprays.

"Agricultural use" means the use of any pesticide or method 

or device for the control of pests in connection with the 

commercial production, storage, or processing of any animal 

or plant crop. Agricultural use does not include the sale or use 

of pesticides in properly labeled packages or containers that 

are intended for home use, use in structural pest control, 

industrial use, or institutional use. For the purposes of this 

definition only:

1. "Home use" means use in a household or its immediate 

environment.

2. "Industrial use" means use for or in a manufacturing, 

mining, or chemical process or use in the operation of 

factories, processing plants, and similar sites.

3. "Institutional use" means use within the perimeter of, or 

on property necessary for the operation of, buildings such 

as hospitals, schools, libraries, auditoriums, and office 

complexes.

4. "Structural pest control" means a use requiring a license 

under the applicable state pesticide licensing requirement.

"Air freshener" means any consumer product including, but 

not limited to, sprays, wicks, powders, and crystals, designed 

for the purpose of masking odors or freshening, cleaning, 

scenting, or deodorizing the air. Air fresheners do not include 

products that are used on the human body, products that 

function primarily as cleaning products (as indicated on a 

product label) or as toilet/urinal care products, disinfectant 

products claiming to deodorize by killing germs on surfaces, 

or institutional or industrial disinfectants when offered for 

sale solely through institutional and industrial channels of 

distribution. Air fresheners do include spray disinfectants and 

other products that are expressly represented for use as air 

fresheners, except institutional and industrial disinfectants 

when offered for sale through institutional and industrial 

channels of distribution. To determine whether a product is an 

air freshener, all verbal and visual representations regarding 

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

literature and advertising may be considered. The presence of, 

and representations about, a product's fragrance and ability to 

deodorize (resulting from surface application) shall not 

constitute a claim of air freshening.

"All other carbon-containing compounds" means all other 

compounds that contain at least one carbon atom and are not 

an "exempt compound" or an "LVP-VOC."

"All other forms" means all consumer product forms for 

which no form-specific VOC standard is specified. Unless 

specified otherwise by the applicable VOC standard, all other 

forms include, but are not limited to, solids, liquids, wicks, 

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

"Alternative control plan" or "ACP" means any emissions 

averaging program approved by the board pursuant to the 

provisions of this article.

"Antimicrobial hand or body cleaner or soap" means a 

cleaner or soap that is designed to reduce the level of 

microorganisms on the skin through germicidal activity. 

Antimicrobial hand or body cleaner or soap includes, but is 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1932

not limited to, antimicrobial hand or body washes or 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 

antimicrobial), heavy-duty hand cleaner or soap, medicated 

astringent or medicated toner, and rubbing alcohol.

"Antiperspirant" means any product including, but not 

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

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

used to reduce perspiration in the human axilla by at least 

20% in at least 50% of a target population.

"Anti-static product" means a product that is labeled to 

eliminate, prevent, or inhibit the accumulation of static 

electricity. Anti-static products do not include electronic 

cleaners, floor polish or waxes, floor coatings, and products 

that meet the definition of aerosol coating products or 

architectural coatings.

"Architectural coating" means a coating applied to stationary 

structures and their appurtenances, to mobile homes, to 

pavements, or to curbs.

"ASTM" means the American Society for Testing and 

Materials.

"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. This category also includes clarifiers and substrateimpregnated products. This category does not include any 

hand, face, or body cleaner or soap product, medicated 

astringent or medicated toner, cold cream, lotion, or 

antiperspirant.

"Automotive brake cleaner" means a cleaning product 

designed to remove oil, grease, brake fluid, brake pad 

material, or dirt from motor vehicle brake mechanisms.

"Automotive hard paste wax" means an automotive wax or 

polish that is:

1. Designed to protect and improve the appearance of 

automotive paint surfaces;

2. A solid at room temperature; and

3. Contains no water.

"Automotive instant detailer" means a product designed for 

use in a pump spray that is applied to the painted surface of 

automobiles and wiped off prior to the product being allowed 

to dry.

"Automotive rubbing or polishing compound" means a 

product designed primarily to remove oxidation, old paint, 

scratches or swirl marks, and other defects from the painted 

surfaces of motor vehicles without leaving a protective 

barrier.

"Automotive wax, polish, sealant, or glaze" means a product 

designed to seal out moisture, increase gloss, or otherwise 

enhance a motor vehicle's painted surfaces. Automotive wax, 

polish, sealant, or glaze includes, but is not limited to, 

products designed for use in auto body repair shops and 

drive-through car washes, as well as products designed for the 

general public. Automotive wax, polish, sealant, or glaze does 

not include automotive rubbing or polishing compounds, 

automotive wash and wax products, surfactant-containing car 

wash products, and products designed for use on unpainted 

surfaces such as bare metal, chrome, glass, or plastic.

"Automotive windshield washer fluid" means any liquid 

designed for use in a motor vehicle windshield washer system 

either as an antifreeze or for the purpose of cleaning, 

washing, or wetting the windshield. Automotive windshield

washer fluid also includes liquids that are (i) packaged as a 

pre-wetted, single-use manual wipe and (ii) designed 

exclusively for cleaning, washing, or wetting automotive 

glass surfaces for the purpose of restoring or maintaining 

visibility for the driver. Glass cleaners that are intended for 

use on other glass surfaces are not included in this definition. 

Automotive windshield washer fluid does not include fluids 

placed by the manufacturer in a new vehicle.

"Bathroom and tile cleaner" means a product designed to 

clean tile or surfaces in bathrooms. Bathroom and tile 

cleaners do not include products designed primarily to clean 

toilet bowls, toilet tanks [ , ] or urinals.

"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 finish: (i) biological 

residues, such as insect carcasses and tree sap, and (ii) road 

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

"CARB" means the California Air Resources Board.

"Carburetor or fuel-injection air intake cleaner" means a 

product designed to remove fuel deposits, dirt, or other 

contaminants from a carburetor, choke, throttle body of a 

fuel-injection system, or associated linkages. Carburetor or 

fuel-injection air intake cleaner does not include products 

designed exclusively to be introduced directly into the fuel 

lines or fuel storage tank prior to introduction into the 

carburetor or fuel injectors.

"Carpet and upholstery cleaner" means a cleaning product 

designed for the purpose of eliminating dirt and stains on 

rugs, carpeting, and the interior of motor vehicles or on 

household furniture or objects upholstered or covered with 

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

Carpet and upholstery cleaners include, but are not limited to, 

products that make fabric protectant claims. Carpet and 

upholstery cleaners do not include general purpose cleaners, 

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

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1933

or products designed exclusively for use at industrial facilities 

engaged in furniture or carpet manufacturing.

"Certified emissions" means the emissions level for products 

approved under 9VAC5-45-430 E, as determined pursuant to 

South Coast Air Quality Management District Rule 1174 

Ignition Method Compliance Certification Protocol (see 

9VAC5-20-21), expressed to the nearest 0.001 pound VOC 

per start.

"Certified use rate" means the usage level for products 

approved under 9VAC5-45-430 E, as determined pursuant to 

South Coast Air Quality Management District Rule 1174 

Ignition Method Compliance Certification Protocol [ (see 

9VAC5-20-21) ], expressed to the nearest 0.001 pound 

certified product used per start.

"Charcoal lighter material" means any combustible material 

designed to be applied on, incorporated in, added to, or used 

with charcoal to enhance ignition. Charcoal lighter material 

does not include any of the following:

1. Electrical starters and probes;

2. Metallic cylinders using paper tinder;

3. Natural gas;

4. Propane; or

5. Fat wood.

"Colorant" means any pigment or coloring material used in a 

consumer product for an aesthetic effect or to dramatize an 

ingredient.

"Compliance period" means the period of time, not to 

exceed one year, for which the ACP limit and ACP emissions 

are calculated and for which compliance with the ACP limit 

is determined, as specified in the ACP agreement approving 

an ACP.

"Construction, panel, and floor covering adhesive" means 

any one-component 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, predecorated 

hardboard or tileboard, etc.), ceiling and acoustical tile, 

molding, fixtures, countertops or countertop laminates, 

cove or wall bases, and flooring or subflooring; or

2. Floor or wall coverings that include, but are not limited 

to, wood or simulated wood covering, carpet, carpet pad or 

cushion, vinyl-backed carpet, flexible flooring material, 

nonresilient flooring material, mirror tiles and other types 

of tiles, and artificial grass.

Construction, panel, and floor covering adhesive does not 

include floor seam sealer.

"Consumer" means a person who purchases or acquires a 

consumer product for personal, family, household, or 

institutional use. Persons acquiring a consumer product for 

resale are not consumers for that product.

"Consumer product" means a chemically formulated product 

used by household and institutional consumers including, but 

not limited to, detergents; cleaning compounds; polishes [ ,; ] 

floor finishes [ ,; ] cosmetics [ ,; ] personal care products [ ,; ] 

home, lawn, and garden products; disinfectants; sanitizers; 

aerosol paints; and automotive specialty products, but does 

not include other paint products, furniture coatings, or 

architectural coatings. As used in this [ rule article ], 

consumer products shall also refer to aerosol adhesives, 

including aerosol adhesives used for consumer, industrial, or 

commercial uses.

"Contact adhesive" means an adhesive that:

1. Is designed for application to both surfaces to be bonded 

together;

2. Is allowed to dry before the two surfaces are placed in 

contact with each other;

3. Forms an immediate bond that is impossible, or difficult, 

to reposition after both adhesive-coated surfaces are placed 

in contact with each other; and

4. Does not need sustained pressure or clamping of 

surfaces after the adhesive-coated surfaces have been 

brought together using sufficient momentary pressure to 

establish full contact between both surfaces.

Contact adhesive does not include rubber cements that are 

primarily intended for use on paper substrates. Contact 

adhesive also does not include vulcanizing fluids that are 

designed and labeled for tire repair only.

"Contact adhesive - general purpose" means any contact 

adhesive that is not a contact adhesive - special purpose.

"Contact adhesive - special purpose" means a contact 

adhesive that is used as follows:

1. 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

2. In automotive applications that are either:

a. Automotive under-the-hood applications requiring 

heat, oil, or gasoline resistance; or

b. Body-side molding, automotive weatherstrip, or 

decorative trim.

"Container or packaging" means the part or parts of the 

consumer or institutional product [ which that ] serve only to 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1934

contain, enclose, incorporate, deliver, dispense, wrap, or store 

the chemically formulated substance or mixture of substances 

that is solely responsible for accomplishing the purposes for 

which the product was designed or intended. Containers or 

packaging include 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 that has been 

designated by the responsible ACP party for the purpose of 

reporting or maintaining information specified in the ACP 

agreement approving an ACP.

"Crawling bug insecticide" means an insecticide product that 

is designed for use against ants, cockroaches, or other 

household crawling arthropods, including, but not limited to, 

mites, silverfish or spiders. Crawling bug insecticide does not 

include products designed to be used exclusively on humans 

or animals or a house dust mite product. For the purposes of 

this definition only:

1. "House dust mite product" means a product whose label, 

packaging, or accompanying literature states that the 

product is suitable for use against house dust mites, but 

does not indicate that the product is suitable for use against 

ants, cockroaches, or other household crawling arthropods.

2. "House dust mite" means mites [ which that ] feed 

primarily on skin cells shed in the home by humans and 

pets and that belong to the phylum Arthropoda, the 

subphylum Chelicerata, the class Arachnida, the subclass 

Acari, the order Astigmata, and the family Pyroglyphidae.

"Date-code" means the day, month, and year on which the 

consumer product was manufactured, filled, or packaged, or a 

code indicating such a date.

"Deodorant" means any product including, but not limited 

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

squeeze-bottles, that indicates or depicts on the container or 

packaging, or on any sticker or label affixed thereto, that the 

product can be used on or applied to the human axilla to 

provide a scent or minimize odor. A deodorant body spray 

product that indicates or depicts on the container or 

packaging, or on any sticker or label affixed thereto, that it 

can be used on or applied to the human axilla, is a deodorant.

"Deodorant body spray" means a personal fragrance product 

with 20% or less fragrance that is designed for application all 

over the human body to provide a scent. A deodorant body 

spray product that indicates or depicts on the container or 

packaging, or on any sticker or label affixed thereto, that it 

can be used on or applied to the human axilla, is a deodorant.

"Device" means an instrument or contrivance (other than a 

firearm) that is designed for trapping, destroying, repelling, or 

mitigating a pest or other form of plant or animal life (other 

than human and other than bacterium, virus, or another 

microorganism on or in living humans or other living 

animals); but not including equipment used for the 

application of pesticides when sold separately therefrom.

"Disinfectant" means a product intended to destroy or 

irreversibly inactivate infectious or other undesirable bacteria, 

pathogenic fungi, or viruses on surfaces or inanimate objects 

and whose label is registered under the FIFRA. Disinfectant 

does not include any of the following:

1. Products designed solely for use on humans or animals;

2. Products designed for agricultural use;

3. Products designed solely for use in swimming pools, 

therapeutic tubs, or hot tubs; or

4. Products that, 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 a 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 require the product container to be shaken before 

use to mix the phases, producing an emulsion.

"Dry cleaning fluid" means a [ non-aqueous nonaqueous ] 

liquid product designed and labeled exclusively for use on:

1. Fabrics that are labeled "for dry clean only," such as 

clothing or drapery; or

2. S-coded fabrics.

Dry cleaning fluid includes, but is not limited to, those 

products used by commercial dry cleaners and commercial 

businesses that clean fabrics such as draperies at the 

customer's residence or work place. Dry cleaning fluid does 

not include spot remover or carpet and upholstery cleaner. 

For the purposes of this definition, "S-coded fabric" means an 

upholstery fabric designed to be cleaned only with water-free 

spot cleaning products as specified by the American Furniture 

Manufacturers Association Joint Industry Fabrics Standards 

Committee, Woven and Knit Residential Upholstery Fabric 

Standards and Guidelines (see 9VAC5-20-21).

"Dusting aid" means a product designed to assist in 

removing dust and other soils from floors and other surfaces 

without leaving a wax or silicone-based coating. Dusting aid 

does not include pressurized gas dusters.

"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. Electrical 

cleaner does not include general purpose cleaners, general 

purpose degreasers, dusting aids, electronic cleaners, 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1935

energized electrical cleaners, pressurized gas dusters, engine 

degreasers, anti-static products, or products designed to clean 

the casings or housings of electrical equipment.

"Electronic cleaner" means a product labeled for the 

removal of dirt, moisture, dust, flux or oxides from the 

internal components of electronic or precision equipment 

such as circuit boards, and the internal components of 

electronic devices, including but not limited to, radios, 

compact disc (CD) players, digital video disc (DVD) players, 

and computers. Electronic cleaner does not include general 

purpose cleaners, general purpose degreasers, dusting aids, 

pressurized gas dusters, engine degreasers, electrical cleaners, 

energized electrical cleaners, anti-static products, or products 

designed to clean the casings or housings of electronic 

equipment.

"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 component, such as a capacitor;

2. The product label clearly displays the statements: 

"Energized equipment use only. Not to be used for 

motorized vehicle maintenance, or their parts."

Energized electrical cleaner does not include electronic 

cleaner.

"Enforceable sales" means the total amount of an ACP 

product sold for use in the applicable volatile organic 

compound emissions control areas designated in 9VAC5-45-

400 C during the applicable compliance period specified in 

the ACP agreement approving an 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 another board-approved system of documentation 

from which the mass, in pounds (less product container and 

packaging), of an ACP product sold to the end user in the 

applicable volatile organic compound emissions control areas 

designated in 9VAC5-45-400 C during the applicable 

compliance period can be accurately documented. For the 

purposes of this article, enforceable sales records include, but 

are not limited to, the following types of records:

1. Accurate records of direct retail or other outlet sales to 

the end user during the applicable compliance period;

2. Accurate compilations, made by independent market 

surveying services, of direct retail or other outlet sales to 

the end users for the applicable compliance period, 

provided that a detailed method that can be used to verify 

data composing such summaries is submitted by the 

responsible ACP party and approved by the board; and

3. Other accurate product sales records acceptable to the 

board.

"Engine degreaser" means a cleaning product designed to 

remove grease, grime, oil, and other contaminants from the 

external surfaces of engines and other mechanical parts.

"Exempt compound" means acetone, ethane, methyl acetate, 

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl 

benzene), or perchloroethylene (tetrachloroethylene).

"Existing product" means any formulation of the same 

product category and form sold, supplied, manufactured, or 

offered for sale prior to March 9, 2005, or any subsequently 

introduced identical formulation.

"Fabric protectant" means a product designed to be applied 

to fabric substrates to protect the surface from soiling from 

dirt and other impurities or to reduce absorption of liquid into 

the fabric's fibers. Fabric protectant does not include 

waterproofers, products designed for use solely on leather, or 

products designed for use solely on fabrics that are labeled 

"for dry clean only" and sold in containers of 10 fluid ounces 

or less.

"Fabric refresher" means a product labeled to neutralize or 

eliminate odors on non-laundered fabric including, but not 

limited to, soft household surfaces, rugs, carpeting, draperies, 

bedding, automotive interiors, footwear, athletic equipment, 

clothing 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 

products, carpet and upholstery cleaners, soft household 

surface sanitizers, footwear or leather care products, spot 

removers, or disinfectants, or products labeled for application 

to both fabric and human skin. For the purposes of this 

definition only, soft household surface sanitizer means a 

product labeled to neutralize or eliminate odors on surfaces 

listed above whose label is registered as a sanitizer under 

FIFRA.

"Facial cleaner or soap" means a cleaner or soap designed 

primarily to clean the face. Facial cleaner or soap includes, 

but is not limited to, facial cleansing creams, semisolids, 

liquids, lotions, and substrate-impregnated forms. Facial 

cleaner or soap does not include prescription drug products, 

antimicrobial hand or body cleaner or soap, astringent or 

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

astringent or medicated toner, or rubbing alcohol.

"Fat wood" means pieces of wood kindling with high 

naturally-occurring levels of sap or resin that enhance ignition 

of the kindling. Fat wood does not include kindling with 

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

"FIFRA" means the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 USC § 136-136y).
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1936

"Flea and tick insecticide" means an insecticide product that 

is designed for use against fleas, ticks, their larvae, or their 

eggs. Flea and tick insecticide does not include products that 

are designed to be used exclusively on humans or animals and 

their bedding.

"Flexible flooring material" means asphalt, cork, linoleum, 

no-wax, rubber, seamless vinyl, and vinyl composite flooring.

"Floor [ Coating coating ] " means an opaque coating that is 

labeled and designed for application to flooring, including but 

not limited to, decks, porches, steps, and other horizontal 

surfaces [ which that ] may be subject to foot traffic.

"Floor polish or wax" means a wax, polish, or other product 

designed to polish, protect, or enhance floor surfaces by 

leaving a protective coating that is designed to be periodically 

replenished. Floor polish or wax does not include spray buff 

products, products designed solely for the purpose of cleaning 

floors, floor finish strippers, products designed for unfinished 

wood floors, and coatings subject to architectural coatings 

regulations.

"Floor seam sealer" means a product designed and labeled 

exclusively for bonding, fusing, or sealing (coating) seams 

between adjoining rolls of installed flexible sheet flooring.

"Floor wax stripper" means a product designed to remove 

natural or synthetic floor polishes or waxes through 

breakdown of the polish or wax polymers or by dissolving or 

emulsifying the polish or wax. Floor wax stripper does not 

include aerosol floor wax strippers or products designed to 

remove floor wax solely through abrasion.

"Flying bug insecticide" means an insecticide product that is 

designed for use against flying insects or other flying 

arthropods, including but not limited to flies, mosquitoes, 

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

and hornet insecticide, products that are designed to be used 

exclusively on humans or animals, or a moth-proofing 

product. For the purposes of this definition only, "mothproofing product" means a product whose label, packaging, or 

accompanying literature indicates that the product is designed 

to protect fabrics from damage by moths, but does not 

indicate that the product is suitable for use against flying 

insects or other flying arthropods.

"Footwear or leather care product" 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, leather article or component. Footwear 

includes both leather and non-leather foot apparel. Footwear 

or leather care product does not include fabric protectants; 

general purpose adhesives; contact adhesives; 

vinyl/fabric/leather/polycarbonate coatings; rubber and vinyl 

protectants; fabric refreshers; products solely for deodorizing; 

or sealant products with adhesive properties used to create 

external protective layers greater than 2 millimeters thick.

"Fragrance" means a substance or complex mixture of 

aroma chemicals, natural essential oils, and other functional 

components with a combined vapor pressure not in excess of 

2 mm of Hg at 20oC, the sole purpose of which is to impart an 

odor or scent, or to counteract a malodor.

"Furniture coating" means a paint designed for application 

to room furnishings including, but not limited to, cabinets 

(kitchen, bath and vanity), tables, chairs, beds, and sofas.

"Furniture maintenance product" means a wax, polish, 

conditioner, or other product designed for the purpose of 

polishing, protecting, or enhancing finished wood surfaces 

other than floors. Furniture maintenance products do not 

include dusting aids, wood cleaners and products designed 

solely for the purpose of cleaning, and products designed to 

leave a permanent finish such as stains, sanding sealers, and 

lacquers.

"Gel" means a colloid in which the disperse phase has 

combined with the continuous phase to produce a semisolid 

material, such as jelly.

"General purpose adhesive" means a nonaerosol adhesive 

designed for use on a variety of substrates. General purpose 

adhesive does not include:

1. Contact adhesives;

2. Construction, panel, and floor covering adhesives;

3. Adhesives designed exclusively for application on one 

specific category of substrates (i.e., substrates that are 

composed of similar materials, such as different types of 

metals, paper products, ceramics, plastics, rubbers, or 

vinyls); or

4. Adhesives designed exclusively for use on one specific 

category of articles (i.e., articles that may be composed of 

different materials but perform a specific function, such as 

gaskets, automotive trim, weather-stripping, or carpets).

"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.

"General purpose degreaser" means a product labeled to 

remove or dissolve grease, grime, oil, and other oil-based 

contaminants from a variety of substrates, including 

automotive or miscellaneous metallic parts. General purpose 

degreaser does not include engine degreaser, general purpose 

cleaner, adhesive remover, electronic cleaner, electrical 

cleaner, energized electrical cleaner, metal polish or cleanser, 

products used exclusively in solvent cleaning tanks or related 

equipment, or products that are (i) sold exclusively to 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1937

establishments that manufacture or construct goods or 

commodities; and (ii) labeled "not for retail sale." Solvent 

cleaning tanks or related equipment includes, but is not 

limited to, cold cleaners, vapor degreasers, conveyorized 

degreasers, film cleaning machines, or products designed to 

clean miscellaneous metallic parts by immersion in a 

container.

"General-use hand or body cleaner or soap" means a cleaner 

or soap designed to be used routinely on the skin to clean or 

remove typical or common dirt and soils. General-use hand or 

body cleaner or soap includes, but is not limited to, hand or 

body washes, dual-purpose shampoo-body cleaners, shower 

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

hand or body cleaner or soap does not include prescription 

drug products, antimicrobial hand or body cleaner or soap, 

astringent or toner, facial cleaner or soap, hand dishwashing 

detergent (including antimicrobial), heavy-duty hand cleaner 

or soap, medicated astringent or medicated toner, or rubbing 

alcohol.

"Glass cleaner" means a cleaning product designed primarily 

for cleaning surfaces made of glass. Glass cleaner does not 

include products designed solely for the purpose of cleaning 

optical materials used in eyeglasses, photographic equipment, 

scientific equipment, and photocopying machines.

"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. Products labeled for dual 

use as both a paint stripper and graffiti remover are 

considered graffiti removers.

"Gross sales" means the estimated total sales of an ACP 

product in the applicable volatile organic compound 

emissions control areas designated in 9VAC5-45-400 C 

during a specific compliance period (expressed to the nearest 

pound), based on either of the following methods, whichever 

the responsible ACP party demonstrates to the satisfaction of 

the board will provide an accurate sales estimate:

1. Apportionment of national or regional sales of the ACP 

product to sales, determined by multiplying the average 

national or regional sales of the product by the fraction of 

the national or regional population, respectively, that is 

represented by the current population of the applicable 

volatile organic compound emissions control areas 

designated in 9VAC5-45-400 C; or

2. Another documented method that provides an accurate 

estimate of the total current sales of the ACP product.

"Hair mousse" means a hairstyling foam designed to 

facilitate styling of a coiffure and provide limited holding 

power.

"Hair shine" means a product designed for the primary 

purpose of creating a shine when applied to the hair. Hair 

shine includes, but is not limited to, dual-use products 

designed primarily to impart a sheen to the hair. Hair shine 

does not include hair spray, hair mousse, hair styling product, 

hair styling gel, or products whose primary purpose is to 

condition or hold the hair.

"Hair spray" means a consumer product that is applied to 

styled hair, and is designed or labeled to provide sufficient 

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

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

hair sprays, spray waxes; color, glitter, or sparkle hairsprays 

that make finishing claims; and products that are both a 

styling and finishing product. Hair spray does not include 

spray products that are intended to aid in styling but does not 

provide finishing of a hairstyle. For the purposes of this 

article, "finish" or "finishing" means the maintaining or 

holding of previously styled hair for a period of time. For the 

purposes of this article, "styling" means the forming, 

sculpting, or manipulating the hair to temporarily alter the 

hair's shape.

"Hair styling product" means a consumer product 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; liquid; lotion; paste; pomade; putty; root lifter; serum; 

spray gel; stick; temporary hair straightener; wax; spray 

products that aid in styling but do not provide finishing of a 

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 article, "finish" or "finishing" means the 

maintaining or holding of previously styled hair for a period 

of time. For the purposes of this article, "styling" means the 

forming, sculpting, or manipulating the hair to temporarily 

alter the hair's shape.

"Heavy-duty hand cleaner or soap" means a product 

designed to clean or remove difficult dirt and soils such as oil, 

grease, grime, tar, shellac, putty, printer's ink, paint, graphite, 

cement, carbon, asphalt, or adhesives from the hand with or 

without the use of water. Heavy-duty hand cleaner or soap 

does not include prescription drug products, antimicrobial 

hand or body cleaner or soap, astringent or toner, facial 

cleaner or soap, general-use hand or body cleaner or soap, 

medicated astringent or medicated toner, or rubbing alcohol.

"Herbicide" means a pesticide product designed to kill or 

retard a plant's growth, but excludes products that are (i) for 

agricultural use, or (ii) restricted materials that require a 

permit for use and possession.

"High volatility organic compound" or "HVOC" means a 

volatile organic compound that exerts a vapor pressure 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1938

greater than 80 millimeters of mercury (mm Hg) when 

measured at 20oC.

"Household product" means a consumer product that is 

primarily designed to be used inside or outside of living 

quarters or residences that are occupied or intended for 

occupation by people, including the immediate surroundings.

"Insecticide" means a pesticide product that is designed for 

use against insects or other arthropods, but excluding 

products that are:

1. For agricultural use;

2. For a use that requires a structural pest control license 

under applicable state laws or regulations; or

3. Materials classified for restricted use pursuant to 40 

CFR 152.75 and require a pesticide business license from 

the Virginia Pesticide Control Board pursuant to 2VAC20-

40-20 for use and possession.

"Insecticide fogger" means an insecticide product designed 

to release all or most of its content as a fog or mist into indoor 

areas during a single application.

"Institutional product" or "industrial and institutional (I&I) 

product" means a consumer product that is designed for use in 

the maintenance or operation of an establishment that:

1. Manufactures, transports, or sells goods or commodities, 

or provides services for profit; or

2. Is engaged in the nonprofit promotion of a particular 

public, educational, or charitable cause.

Establishments include, but are not limited to, government 

agencies, factories, schools, hospitals, sanitariums, prisons, 

restaurants, hotels, stores, automobile service and parts 

centers, health clubs, theaters, or transportation companies. 

Institutional product does not include household products and 

products that are incorporated into or used exclusively in the 

manufacture or construction of the goods or commodities at 

the site of the establishment.

"Label" means written, printed, or graphic matter affixed to, 

applied to, attached to, blown into, formed, molded into, 

embossed on, or appearing upon a consumer product or 

consumer product package, for purposes of branding, 

identifying, or giving information with respect to the product 

or to the contents of the package.

"Laundry prewash" 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.

"Laundry starch product" means a product that is designed 

for application to a fabric, either during or after laundering, to 

impart and prolong a crisp, fresh look and may also act to 

help ease ironing of the fabric. Laundry starch product 

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

"Lawn and garden insecticide" means an insecticide product 

labeled primarily to be used in household lawn and garden 

areas to protect plants from insects or other arthropods. 

Notwithstanding the requirements of 9VAC5-45-460 C, 

aerosol lawn and garden insecticides may claim to kill insects 

or other arthropods.

"Liquid" means a substance or mixture of substances that is 

capable of a visually detectable flow as determined under 

ASTM "Standard Test Method for Determining Whether a 

Material is a Liquid or a Solid" (see 9VAC5-20-21). Liquid 

does not include powders or other materials that are 

composed entirely of solid particles.

"Lubricant" means a product designed to reduce friction, 

heat, noise, or wear between moving parts, or to loosen rusted 

or immovable parts or mechanisms. Lubricant does not 

include automotive power steering fluids; products for use 

inside power generating motors, engines, and turbines, and 

their associated power-transfer gearboxes; two-cycle oils or 

other products designed to be added to fuels; products for use 

on the human body or animals; or products that are:

1. Sold exclusively to establishments that manufacture or 

construct goods or commodities; and

2. Labeled "not for retail sale."

"LVP content" means the total weight, in pounds, of LVPVOC 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.

"LVP-VOC" means a chemical compound or mixture that 

contains at least one carbon atom and meets one of the 

following:

1. Has a vapor pressure less than 0.1 mm Hg at 20oC , as 

determined by CARB Method 310 (see 9VAC5-20-21);

2. Is a chemical compound with more than 12 carbon 

atoms, or a chemical mixture composed solely of 

compounds with more than 12 carbon atoms as verified by 

formulation data, and the vapor pressure and boiling point 

are unknown;

3. Is a chemical compound with a boiling point greater 

than 216oC , as determined by CARB Method 310 (see 

9VAC5-20-21); or

4. Is the weight percent of a chemical mixture that boils 

above 216oC, as determined by CARB Method 310 (see 

9VAC5-20-21).

For the purposes of the definition of LVP-VOC, "chemical 

compound" means a molecule of definite chemical formula 

and isomeric structure, and "chemical mixture" means a 

substrate composed of two or more chemical compounds.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1939

"Manufacturer" means a person who imports, manufactures, 

assembles, produces, packages, repackages, or relabels a 

consumer product.

"Medicated astringent or medicated toner" means a product 

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. Medicated astringent or 

medicated toner includes, but is not limited to, clarifiers and 

substrate-impregnated products. Medicated astringent 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.

"Medium volatility organic compound" or "MVOC" means 

a 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 20oC.

"Metal polish or cleanser" means a product designed 

primarily to improve the appearance of finished metal, 

metallic, or metallized surfaces by physical or chemical 

action. To "improve the appearance" means to remove or 

reduce stains, impurities, or oxidation from surfaces or to 

make surfaces smooth and shiny. Metal polish or cleanser 

includes, but is not limited to, metal polishes used on brass, 

silver, chrome, copper, stainless steel, and other ornamental 

metals. Metal polish or cleanser does not include automotive 

wax, polish, sealant, or glaze, wheel cleaner, paint remover or 

stripper, products designed and labeled exclusively for 

automotive and marine detailing, or products designed for use 

in degreasing tanks.

"Missing data days" means the number of days in a 

compliance period for which the responsible ACP party has 

failed to provide the required enforceable sales or VOC 

content data to the board, as specified in the ACP agreement.

"Mist spray adhesive" means an aerosol 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.

"Multipurpose dry lubricant" means a lubricant that 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.

"Multipurpose lubricant" means a lubricant designed for 

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

applications. Multipurpose lubricant does not include 

multipurpose dry lubricants, penetrants, or silicone-based 

multipurpose lubricants.

"Multipurpose solvent" means an organic liquid designed to 

be used for a variety of purposes, including cleaning or 

degreasing of a variety of substrates, or thinning, dispersing, 

or dissolving other organic materials. Multipurpose solvent 

includes solvents used in institutional facilities, except for 

laboratory reagents used in analytical, educational, research, 

scientific, or other laboratories. Multipurpose solvent does 

not include solvents used in cold cleaners, vapor degreasers, 

conveyorized degreasers or film cleaning machines, or 

solvents that are incorporated into, or used exclusively in the 

manufacture or construction of, the goods or commodities at 

the site of the establishment.

"Nail polish" means a clear or colored coating designed for 

application to the fingernails or toenails and including but not 

limited to, lacquers, enamels, acrylics, base coats, and top 

coats.

"Nail polish remover" means a product designed to remove 

nail polish and coatings from fingernails or toenails.

"Nonaerosol product" means a consumer product that is not 

dispensed by a pressurized spray system.

"Noncarbon containing compound" means a compound that 

does not contain carbon atoms.

"Nonresilient flooring" means flooring of a mineral content 

that is not flexible. Nonresilient flooring includes but is not 

limited to terrazzo, marble, slate, granite, brick, stone, 

ceramic tile, and concrete.

"Nonselective terrestrial herbicide" means a terrestrial 

herbicide product that is toxic to plants without regard to 

species.

"One-product business" means a responsible ACP party that 

sells, supplies, offers for sale, or manufactures for use in the 

applicable volatile organic compound emissions control areas 

designated in 9VAC5-45-400:

1. Only one distinct ACP product, sold under one product 

brand name, which is subject to the requirements of 

9VAC5-45-430; or

2. Only one distinct ACP product line subject to the 

requirements of 9VAC5-45-430, in which all the ACP 

products belong to the same product category and the VOC 

contents in the products are within 98.0% and 102.0% of 

the arithmetic mean of the VOC contents over the entire 

product line.

"Oven cleaner" means a cleaning product designed to clean 

and to remove dried food deposits from oven walls.

"Paint" means a pigmented liquid, liquefiable, or mastic 

composition designed for application to a substrate in a thin 

layer that 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 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1940

filling or concealing of surface irregularities or the 

modification of light and heat radiation characteristics.

"Paint remover or stripper" means a 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 

multipurpose solvents, paint brush cleaners, products 

designed and labeled exclusively as graffiti removers, and 

hand cleaner products that claim to remove paints and other 

related coatings from skin.

"Penetrant" means a lubricant designed and labeled 

primarily to loosen metal parts that have bonded together due 

to rusting, oxidation, or other causes. Penetrant does not 

include multipurpose lubricants that claim to have penetrating 

qualities but are not labeled primarily to loosen bonded parts.

"Personal fragrance product" means any product that 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: (i) deodorant; (ii) 

medicated products designed primarily to alleviate fungal or 

bacterial growth on feet or other areas of the body; (iii) 

mouthwashes, breath fresheners and deodorizers; (iv) lotions, 

moisturizers, powders or other skin care products used 

primarily to alleviate skin conditions such as dryness and 

irritations; (v) products designed exclusively for use on 

human genitalia; (vi) soaps, shampoos, and products 

primarily used to clean the human body; and (vii) fragrance 

products designed to be used exclusively on nonhuman 

animals.

"Pesticide" means and includes a substance or mixture of 

substances labeled, designed, or intended for use in 

preventing, destroying, repelling, or mitigating a pest, or a 

substance or mixture of substances labeled, designed, or 

intended for use as a defoliant, desiccant, or plant regulator, 

provided that the term "pesticide" will not include a 

substance, mixture of substances, or device that the U.S. 

Environmental Protection Agency does not consider to be a 

pesticide.

"Pre-ACP VOC content" means the lowest VOC content of 

an ACP product between January 1, 1990, and the date on 

which the application for a proposed ACP is submitted to the 

board, based on the data obtained from accurate records 

available to the board that yields the lowest VOC content for 

the product.

"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 solvents. 

Pressurized gas duster does not include dusting aids.

"Principal display panel" means that part of a label that is so 

designed as to most likely be displayed, presented, shown, or 

examined under normal and customary conditions of display 

or purchase. Whenever a principal display panel appears more 

than once, all requirements pertaining to the principal display 

panel shall pertain to all such principal display panels.

"Product brand name" means the name of the product 

exactly as it appears on the principal display panel of the 

product.

"Product category" means the applicable category that best 

describes the product as listed in this section and in Table 45-

4A in 9VAC5-45-430 A.

"Product form," for the purpose of complying with 9VAC5-

45-510 (notification, records and reporting) only, means the 

applicable form that most accurately describes the product's 

dispensing form as follows:

A = Aerosol Product.

S = Solid.

P = Pump Spray.

L = Liquid.

SS = Semisolid.

O = Other.

"Product line" means a group of products of identical form 

and function belonging to the same product category.

"Propellant" means a liquefied or compressed gas that is 

used in whole or in part, such as a cosolvent, to expel a liquid 

or other material from the same self-pressurized container or 

from a separate container.

"Pump spray" means a packaging system in which the 

product ingredients within the container are not under 

pressure and in which the product is expelled only while a 

pumping action is applied to a button, trigger, or other 

actuator.

"Reconcile [ " ] or [ " ] reconciliation" means to provide 

sufficient VOC emission reductions to completely offset 

shortfalls generated under the 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, as approved by the board pursuant to 9VAC5-

45-440 B 1 g (10).

[ "Responsible party" means the company, firm, or 

establishment that is listed on the product's label. If the label 

lists two companies, firms, or establishments, the responsible 

party is the party that the product was "manufactured for" or 

"distributed by," as noted on the label. ] 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1941

"Responsible ACP party" means the company, firm, or 

establishment that is listed on the ACP product's label. If the 

label lists two or more companies, firms, or establishments, 

the responsible ACP party is the party that the ACP product 

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

label.

[ "Responsible party" means the company, firm, or 

establishment that is listed on the product's label. If the label 

lists two companies, firms, or establishments, the responsible 

party is the party that the product was "manufactured for" or 

"distributed by," as noted on the label. ] 

"Restricted materials" means pesticides established as 

restricted materials under Chapter 39 (§ 3.2-3900 et seq.) of 

Title 3.2 of the Code of Virginia.

[ "Retailer" means a person who sells, supplies, or offers 

consumer products for sale directly to consumers. ] 

"Retail outlet" means an establishment at which consumer 

products are sold, supplied, or offered for sale directly to 

consumers.

[ "Retailer" means a person who sells, supplies, or offers 

consumer products for sale directly to consumers. ] 

"Roll-on product" means an antiperspirant or deodorant that 

dispenses active ingredients by rolling a wetted ball or wetted 

cylinder on the affected area.

"Rubber and vinyl protectant" means a product designed to 

protect, preserve, or renew vinyl, rubber, and plastic on 

vehicles, tires, luggage, furniture, and household products 

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

vinyl protectant does not include products primarily designed 

to clean the wheel rim, such as aluminum or magnesium 

wheel cleaners, and tire cleaners that do not leave an 

appearance-enhancing or protective substance on the tire.

"Rubbing alcohol" means a product containing isopropyl 

alcohol (also called isopropanol) or denatured ethanol and 

labeled for topical use, usually to decrease germs in minor 

cuts and scrapes, to relieve minor muscle aches, as a 

rubefacient, and for massage.

"Sealant and caulking compound" means a product with 

adhesive properties that is designed to fill, seal, waterproof, 

or weatherproof gaps or joints between two surfaces. Sealant 

and caulking compound does not include roof cements and 

roof sealants; insulating foams; removable caulking 

compounds; clear or paintable or water resistant caulking 

compounds; floor seam sealers; products designed 

exclusively for automotive uses; or sealers that are applied as 

continuous coatings. Sealant and caulking compound also 

does not include units of product, less packaging, which 

weigh more than one pound and consist of more than 16 fluid 

ounces. For the purposes of this definition only, "removable 

caulking [ compounds compound ] " means a compound that 

temporarily seals windows or doors for three- to six-month 

time intervals; and "clear or paintable or water resistant 

caulking [ compounds compound ] " 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.

"Semisolid" means a product that, at room temperature, will 

not pour, but will spread or deform easily, including, but not 

limited to gels, pastes, and greases.

"Shaving cream" means an aerosol product that dispenses a 

foam lather intended to be used with a blade or cartridge razor 

or other wet-shaving system, in the removal of facial or other 

bodily hair. Shaving cream does not include shaving gel.

"Shaving gel" means an aerosol product [ which that ] 

dispenses a post-foaming semisolid designed to be used with 

a blade, cartridge razor, or other shaving system in the 

removal of facial or other bodily hair. Shaving gel does not 

include shaving cream.

"Shortfall" means the ACP emissions minus the ACP limit 

when the ACP emissions were greater than the ACP limit 

during a specified compliance period, expressed to the nearest 

pound of VOC. Shortfall does not include emissions 

occurring prior to the date that the ACP agreement approving 

an ACP is signed by the board.

"Silicone-based multipurpose lubricant" means a lubricant 

that is:

1. Designed and labeled to provide lubricity primarily 

through the use of silicone compounds including, but not 

limited to, polydimethylsiloxane; and

2. Designed and labeled for general purpose lubrication, or 

for use in a wide variety of applications.

Silicone-based multipurpose lubricant does not include 

products designed and labeled exclusively to release 

manufactured products from molds.

"Single phase aerosol air freshener" means an aerosol air 

freshener with the liquid contents in a single homogeneous 

phase and that does not require that the product container be 

shaken before use.

"Small business" means any stationary source that is owned 

or operated by a person that employs 100 or fewer 

individuals; is a small business concern as defined in the 

federal Small Business Act; is not a major stationary source; 

does not emit 50 tons or more per year of any regulated 

pollutant; and emits less than 75 tons per year of all regulated 

pollutants.

"Solid" means a substance or mixture of substances that, 

either whole or subdivided (such as the particles composing a 

powder), is not capable of visually detectable flow as 

determined under ASTM "Standard Test Method for 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1942

Determining Whether a Material is a Liquid or a Solid" (see 

9VAC5-20-21).

"Special purpose spray adhesive" means an aerosol adhesive 

that meets any of the following definitions:

1. "Mounting adhesive" means an aerosol adhesive 

designed to permanently mount photographs, artwork, or 

other drawn or printed media to a backing (paper, board, 

cloth, etc.) without causing discoloration to the artwork.

2. "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 5.0%, 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 "Standard Practice for Packed Column Gas 

Chromatography" (see 9VAC5-20-21) or from product 

formulation data.

3. "Polystyrene foam adhesive" means an aerosol adhesive 

designed to bond polystyrene foam to substrates.

4. "Automobile headliner adhesive" means an aerosol 

adhesive designed to bond together layers in motor vehicle 

headliners.

5. "Polyolefin adhesive" means an aerosol adhesive 

designed to bond polyolefins to substrates.

6. "Laminate repair or edgebanding adhesive" means an 

aerosol adhesive designed for:

a. The touch-up or repair of items laminated with high 

pressure laminates (e.g., lifted edges, delaminates, etc.); 

or

b. The touch-up, repair, or attachment of edgebonding

materials, including but not limited to, other laminates, 

synthetic marble, veneers, wood molding, and decorative 

metals.

For the purposes of this definition, "high pressure 

laminate" means sheet materials that consist of paper, 

fabric, or other core material that have been laminated at 

temperatures exceeding 265°F and at pressures between 

1,000 and 1,400 psi.

7. "Automotive engine compartment adhesive" means an 

aerosol adhesive designed for use in motor vehicle underthe-hood applications that require oil and plasticizer 

resistance, as well as high shear strength, at temperatures 

of 200-275°F.

"Spot remover" means a product labeled to clean localized 

areas or remove localized spots or stains on cloth or fabric, 

such as drapes, carpets, upholstery, and clothing, that does 

not require subsequent laundering to achieve stain removal. 

Spot remover does not include dry cleaning fluid, laundry 

prewash, or multipurpose solvent.

"Spray buff product" means a product designed to restore a 

worn floor finish in conjunction with a floor buffing machine 

and special pad.

"Stick product" means an antiperspirant or a deodorant that 

contains active ingredients in a solid matrix form, and that 

dispenses the active ingredients by frictional action on the 

affected area.

"Structural waterproof adhesive" means an adhesive whose 

bond lines are resistant to conditions of continuous immersion 

in fresh or salt water and that conforms with the definition in 

the federal consumer products regulation, 40 CFR 59 Subpart 

C.

"Surplus reduction" means the ACP limit minus the ACP 

emissions when the ACP limit was greater than the ACP 

emissions during a given compliance period, expressed to the 

nearest pound of VOC. Except as provided in 9VAC5-45-440 

F 3, surplus reduction does not include emissions occurring 

prior to the date that the ACP agreement approving an ACP is 

signed by the board.

"Surplus trading" means the buying, selling, or transfer of 

surplus reductions between responsible ACP parties.

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

"Tire sealant and inflator" means a 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 or to deodorize toilet bowls, toilet tanks, or 

urinals. Toilet bowls, toilet tanks, or urinals includes, but is 

not limited to, toilets or urinals connected to permanent 

plumbing in buildings and other structures, portable toilets or 

urinals placed at temporary or remote locations, and toilet or 

urinals in vehicles such as buses, recreational motor homes, 

boats, ships, and aircraft. Toilet/urinal care product does not 

include bathroom and tile cleaner or general purpose cleaner.

"Total maximum historical emissions" or "TMHE" means 

the total VOC emissions from all ACP products for which the 

responsible ACP party has failed to submit the required VOC 

content or enforceable sales records. The TMHE shall be 

calculated for each ACP product during each portion of a 

compliance period for which the responsible ACP party has

failed to provide the required VOC content or enforceable 

sales records. The TMHE shall be expressed to the nearest 

pound and calculated according to the following calculation:

where:
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1943

Highest VOC content = the maximum VOC content that 

the ACP product has contained in the previous five years, 

if the responsible ACP party has failed to meet the 

requirements for reporting VOC content data (for any 

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

agreement approving the ACP, or the current actual VOC 

content, if the responsible ACP party has provided all 

required VOC Content data (for the entire compliance 

period), as specified in the ACP agreement.

Highest sales = the maximum one-year gross sales of the 

ACP product in the previous five years, if the responsible 

ACP party has failed to meet the requirements for 

reporting enforceable sales records (for any portion of the 

compliance period), as specified in the ACP agreement 

approving the ACP, or the current actual one-year 

enforceable sales for the product, if the responsible ACP 

party has provided all required enforceable sales records 

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

agreement approving the ACP.

Missing [ Data Days data days ] = (see definition in this 

section).

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

N, for which the responsible ACP party has failed to 

submit the required enforceable sales or VOC content data 

as specified in the ACP agreement.

"Type A propellant" means a compressed gas such as CO2, 

N2, N2O, or compressed air that is used as a propellant and is 

either incorporated with the product or contained in a separate 

chamber within the product's packaging.

"Type B propellant" means a halocarbon that is used as a 

propellant including chlorofluorocarbons (CFCs), 

hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons 

(HFCs).

"Type C propellant" means a propellant that is not a Type A 

or Type B propellant, including propane, isobutane, n-butane, 

and dimethyl ether (also known as dimethyl oxide).

"Undercoating" means an aerosol product designed to impart 

a protective, nonpaint layer to the undercarriage, trunk 

interior, or firewall of motor vehicles to prevent the formation 

of rust or to deaden sound. 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 that describes to the end user how and in what 

quantity the product is to be used.

"Vinyl/fabric/leather/polycarbonate coating" means a 

coating designed and labeled exclusively to coat vinyl, fabric, 

leather, or polycarbonate substrates.

"VOC content" means, except for charcoal lighter products, 

the total weight of VOC in a product expressed as a 

percentage of the product weight (exclusive of the container 

or packaging), as determined pursuant to 9VAC5-45-490 B 

and C.

For charcoal lighter material products only,

where:

Certified emissions = (see definition in this section).

Certified use rate = (see definition in this section).

"Volatile organic compound" or "VOC" means volatile 

organic compound as defined in 9VAC5-10-20.

"Wasp and hornet insecticide" means an insecticide product 

that is designed for use against wasps, hornets, yellow jackets 

or bees by allowing the user to spray from a distance a 

directed stream or burst at the intended insects or their hiding 

place.

"Waterproofer" means a product designed and labeled 

exclusively to repel water from fabric or leather substrates. 

Waterproofer does not include fabric protectants.

"Wax" means a material or synthetic thermoplastic 

substance generally of high molecular weight hydrocarbons 

or high molecular weight esters of fatty acids or alcohols, 

except glycerol and high polymers (plastics). Wax includes, 

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

plants and animals such as carnauba wax and beeswax, 

substances of a mineral origin such as ozocerite and paraffin, 

and synthetic polymers such as polyethylene.

"Web spray adhesive" means an aerosol adhesive that is not 

a mist spray or special purpose spray adhesive.

"Wood cleaner" means a product labeled to clean wooden 

materials including but not limited to decking, fences, 

flooring, logs, cabinetry, and furniture. Wood cleaner does 

not include dusting aids, general purpose cleaners, furniture 

maintenance products, floor wax strippers, floor polish or 

waxes, or products designed and labeled exclusively to 

preserve or color wood.

"Wood floor wax" means wax-based products for use solely 

on wood floors.

"Working day" means a day between Monday through 

Friday, inclusive, except for federal holidays.

9VAC5-45-430. Standard for volatile organic compounds.

A. Except as provided in 9VAC5-45-410, 9VAC5-45-440 

and 9VAC5-45-450, no owner or other person shall (i) sell, 

supply, or offer for sale a consumer product manufactured on 

or after [ January 1, 2009 August 1, 2010 ], or (ii) 

manufacture for sale a consumer product on or after [ January 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1944

1, 2009 August 1, 2010 ], that contains volatile organic 

compounds in excess of the limits specified in Table 45-4A.

TABLE 45-4A

Product Category [ : ] Percent VOC 

by Weight

Adhesive Removers

Floor or wall covering adhesive 

remover

5%

Gasket or thread locking adhesive 

remover

50%

General purpose adhesive remover 20%

Specialty adhesive remover 70%

Adhesives

Aerosol adhesives

Mist spray adhesive: 65%

Web spray adhesive: 55%

Special purpose spray adhesives

Automotive engine 

compartment adhesive:

70%

Automotive headliner 

adhesive:

65%

Flexible vinyl adhesive: 70%

Laminate repair or 

edgebanding adhesive:

60%

Mounting adhesive: 70%

Polystyrene foam adhesive: 65%

Polyolefin adhesive: 60%

Contact adhesives

General purpose contact 

adhesive: 

55%

Special purpose contact adhesive: 80%

Construction, panel, and floor covering 

adhesive: 

15%

General purpose adhesive: 10%

Structural waterproof adhesive: 15%

Air fresheners

Single-phase aerosol: 30%

Double-phase aerosol: 25%

Liquid/Pump spray: 18%

Solid/Semisolid: 3%

Antiperspirants

Aerosol: 40% HVOC,

10% MVOC

Nonaerosol: 0% HVOC, 

0% MVOC

Anti-static product, nonaerosol: 11%

Automotive brake cleaner: 45%

Automotive rubbing or polishing compound: 17%

Automotive wax, polish, sealant, or glaze

Hard paste wax: 45%

Instant detailer: 3%

All other forms: 15%

Automotive windshield washer fluid: 35%

Bathroom and tile cleaners

Aerosol: 7%

All other forms: 5%

Bug and tar remover: 40%

Carburetor or fuel-injection air intake 

cleaner:

45%

Carpet and upholstery cleaners

Aerosol: 7%

Nonaerosol (dilutable): 0.1%

Nonaerosol (ready-to-use): 3.0%

Charcoal lighter material: See 

subsection

E of this 

section.

Cooking spray, aerosol: 18%

Deodorants

Aerosol: 0% HVOC,

10% MVOC

Nonaerosol: 0% HVOC,

0% MVOC

Dusting aids

Aerosol: 25%

All other forms: 7%

Electrical cleaner 45%

Electronic cleaner 75%
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1945

Engine degreasers

Aerosol: 35%

Nonaerosol: 5%

Fabric protectant: 60%

Fabric refreshers

Aerosol: 15%

Nonaerosol: 6%

Floor polishes/Waxes

Products for flexible flooring 

materials:

7%

Products for nonresilient flooring: 10%

Wood floor wax: 90%

Floor wax stripper, nonaerosol: See 

subsection

G of this 

section.

Footwear or leather care products

Aerosol: 75%

Solid: 55%

All other forms: 15%

Furniture maintenance products

Aerosol: 17%

All other forms except solid or paste: 7%

General purpose cleaners

Aerosol: 10%

Nonaerosol: 4%

General purpose degreasers

Aerosol: 50%

Nonaerosol: 4%

Glass cleaners

Aerosol: 12%

Nonaerosol: 4%

Graffiti removers

Aerosol: 50%

Nonaerosol: 30%

Hair mousse: 6%

Hair shine: 55%

Hair spray: 55%

Hair styling products

Aerosol and pump spray: 6%

All other forms: 2%

Heavy-duty hand cleaner or soap: 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%

Fogger: 45%

Lawn and garden (all other forms): 20%

Lawn and garden (nonaerosol): 3%

Wasp and hornet: 40%

Laundry prewash

Aerosol/Solid: 22%

All other forms: 5%

Laundry starch product: 5%

Metal polish or cleanser: 30%

Multipurpose lubricant (excluding solid or 

semi-solid products):

50%

Nail polish remover: 75%

Nonselective terrestrial herbicide, 

nonaerosol: 

3%

Oven cleaners

Aerosol/Pump spray: 8%

Liquid: 5%

Paint remover or stripper: 50%

Penetrant: 50%

Rubber and vinyl protectants

Nonaerosol: 3%

Aerosol: 10%

Sealant and caulking compound: 4%

Shaving cream: 5%

Shaving gel: 7%
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1946

Silicone-based multipurpose lubricant 

(excluding solid or semi-solid products): 

60%

Spot removers

Aerosol: 25%

Nonaerosol: 8%

Tire sealant and inflator: 20%

Toile/urinal care products

Aerosol: 10%

Nonaerosol: 3%

Undercoating, aerosol: 40%

Wood cleaners

Aerosol: 17%

Nonaerosol: 4%

B. No owner or other person shall sell, supply, offer for sale, 

or manufacture for sale an antiperspirant or a deodorant that 

contains a compound that has been defined as a toxic 

pollutant in 9VAC5-60-210 C.

C. Provisions follow concerning products that are diluted 

prior to use.

1. For consumer products for which the label, packaging, 

or accompanying literature specifically states that the 

product should be diluted with water or non-VOC solvent 

prior to use, the limits specified in Table 45-4A shall apply 

to the product only after the minimum recommended 

dilution has taken place. For purposes of this subsection, 

"minimum recommended dilution" shall not include 

recommendations for incidental use of a concentrated 

product to deal with limited special applications such as 

hard-to-remove soils or stains.

2. For consumer products for which the label, packaging, 

or accompanying literature states that the product should 

be diluted with a VOC solvent prior to use, the limits 

specified in Table 45-4A shall apply to the product only 

after the maximum recommended dilution has taken place.

D. For those consumer products that are registered under 

FIFRA, the effective date of the VOC standards in Table 45-

4A shall be [ January 1, 2010 August 1, 2011 ]. Prior to that 

date, the standards of Table 45-3A in 9VAC5-45-430 A shall 

apply unless the product is exempt under the provisions of 

9VAC5-45-410.

E. The following requirements shall apply to all charcoal 

lighter material products:

1. Effective as of the applicable compliance date specified 

in 9VAC5-45-480, no owner or other person shall (i) sell, 

supply, or offer for sale a charcoal lighter material product 

manufactured on or after [ January 1, 2009 August 1, 

2010 ], or (ii) manufacture for sale a charcoal lighter 

material product on or after [ January 1, 2009 August 1, 

2010 ], unless at the time of the transaction:

a. The manufacturer can demonstrate to the board's 

satisfaction that [ they have it has ] been issued a 

currently effective certification by CARB under the 

Consumer Products provisions under Subchapter 8.5, 

Article 2, § 94509(h), of Title 17 of the California Code 

of Regulations (see 9VAC5-20-21). This certification 

remains in effect for as long as the CARB certification 

remains in effect. A manufacturer claiming such a 

certification on this basis must submit to the board a copy 

of the certification decision (i.e., the executive order), 

including all conditions established by CARB applicable 

to the certification.

b. The manufacturer or distributor of the charcoal lighter 

material has been issued a currently effective 

certification pursuant to subdivision 2 of this subsection.

c. The charcoal lighter material meets the formulation 

criteria and other conditions specified in the applicable 

ACP agreement issued pursuant to subdivision 2 of this 

subsection.

d. The product usage directions for the charcoal lighter 

material are the same as those provided to the board 

pursuant to subdivision 2 c of this subsection.

2. Provisions follow concerning certification requirements.

a. No charcoal lighter material formulation shall be 

certified under this subdivision unless the applicant for 

certification demonstrates to the board's satisfaction that 

the VOC emissions from the ignition of charcoal with the 

charcoal lighter material are less than or equal to 0.020 

pound of VOC per start, using the procedures specified in 

the South Coast Air Quality Management District Rule 

1174 Ignition Method Compliance Certification Protocol 

(see 9VAC5-20-21). The provisions relating to LVPVOC in 9VAC5-45-410 F and 9VAC5-45-420 C shall 

not apply to a charcoal lighter material subject to the 

requirements of 9VAC5-45-430 A and this subsection.

b. The board may approve alternative test procedures that 

are shown to provide equivalent results to those obtained 

using the South Coast Air Quality Management District 

Rule 1174 Ignition Method Compliance Certification 

Protocol (see 9VAC5-20-21).

c. A manufacturer or distributor of charcoal lighter 

material may apply to the board for certification of a 

charcoal lighter material formulation in accordance with 

this subdivision. The application shall be in writing and 

shall include, at a minimum, the following:

(1) The results of testing conducted pursuant to the 

procedures specified in South Coast Air Quality 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1947

Management District Rule 1174 Testing Protocol (see 

9VAC5-20-21); and

(2) The exact text or graphics that will appear on the 

charcoal lighter material's principal display panel, label, 

or accompanying literature. The provided material shall 

clearly show the usage directions for the product. These 

directions shall accurately reflect the quantity of charcoal 

lighter material per pound of charcoal that was used in 

the South Coast Air Quality Management District Rule 

1174 Testing Protocol (see 9VAC5-20-21) for that 

product, unless:

(a) 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

(b) The charcoal lighter material is already incorporated 

into the charcoal, such as certain "bag light," "instant 

light" or "match light" products.

(3) For a charcoal lighter material that meets the criteria 

specified in subdivision 2 c (2) (a) of this subsection, the 

usage instructions provided to the board will accurately 

reflect the quantity of charcoal lighter material used in 

the South Coast Air Quality Management District Rule 

1174 Testing Protocol (see 9VAC5-20-21) for that 

product.

(4) Physical property data, formulation data, or other 

information required by the board for use in determining 

when a product modification has occurred and for use in 

determining compliance with the conditions specified on 

the ACP agreement issued pursuant to subdivision 2 e of 

this subsection.

d. Within 30 days of receipt of an application, the board 

will advise the applicant in writing either that it is 

complete or that specified additional information is 

required to make it complete. Within 30 days of receipt 

of additional information, the board will advise the 

applicant in writing either that the application is 

complete, or that specified additional information or 

testing is still required before it can be deemed complete.

e. If the board finds that an application meets the 

requirements of subdivision 2 of this subsection, then an 

ACP agreement shall be issued certifying the charcoal 

lighter material formulation and specifying such 

conditions as are necessary to insure that the 

requirements of this subsection are met. The board will 

act on a complete application within 90 days after the 

application is deemed complete.

3. For charcoal lighter material for which certification has 

been granted pursuant to subdivision 2 of this subsection, 

the applicant for certification shall notify the board in 

writing within 30 days of: (i) a change in the usage 

directions, or (ii) a change in product formulation, test 

results, or other information submitted pursuant to 

subdivision 2 of this subsection that may result in VOC 

emissions greater than 0.020 pound of VOC per start.

4. If the board determines that a certified charcoal lighter 

material formulation results in VOC emissions from the 

ignition of charcoal that are greater than 0.020 pound of 

VOC per start, as determined by the South Coast Air 

Quality Management District Rule 1174 Testing Protocol 

(see 9VAC5-20-21) and the statistical analysis procedures 

contained therein, the board will revoke or modify the 

certification as is necessary to assure that the charcoal 

lighter material will result in VOC emissions of less than 

or equal to 0.020 pound of VOC per start. [ Modifications 

and revocations of certifications are considered case 

decisions and will be processed using the procedures 

prescribed in 9VAC5-170 and Article 3 (§ 2.2-4018 et 

seq.) of the Administrative Process Act. ]

F. Requirements for aerosol adhesives.

1. The standards for aerosol adhesives apply to all uses of 

aerosol adhesives, including consumer, industrial, and 

commercial uses. Except as otherwise provided in 9VAC5-

45-410 and 9VAC5-45-450, no owner or other person shall 

(i) sell, supply, offer for sale, or use an aerosol adhesive 

manufactured on or after [ January 1, 2009 August 1, 

2010 ], or (ii) manufacture for sale an aerosol adhesive 

after [ January 1, 2009 August 1, 2010 ], that contains 

VOCs in excess of the specified standard.

2. a. In order to qualify as a "special purpose spray 

adhesive," the product must meet one or more of the 

definitions for special purpose spray adhesive specified in 

9VAC5-45-420 C, but if the product label indicates that the 

product is suitable for use on a substrate or application not 

listed in 9VAC5-45-420 C, then the product shall be 

classified as either a "web spray adhesive" or a "mist spray 

adhesive."

b. If a product meets more than one of the definitions 

specified in 9VAC5-45-420 C for "special purpose spray 

adhesive," and is not classified as a "web spray adhesive" 

or "mist spray adhesive" under subdivision 2 a of this 

subsection, then the VOC limit for the product shall be 

the lowest applicable VOC limit specified in 9VAC5-45-

430 A.

3. No person shall (i) sell, supply, or offer for sale an 

aerosol adhesive manufactured on or after [ January 1, 

2009 August 1, 2010 ], or (ii) manufacture for sale on or 

after [ January 1, 2009 August 1, 2010 ], an aerosol 

adhesive, that contains any of the following compounds: 

methylene chloride, perchloroethylene, or 

trichloroethylene.

4. All aerosol adhesives must comply with the labeling 

requirements specified in 9VAC5-45-460 D.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1948

G. Effective as of the applicable compliance date specified 

in 9VAC5-45-480, no owner or other person shall sell, 

supply, offer for sale, or manufacture for use a floor wax 

stripper unless the following requirements are met:

1. The label of each nonaerosol 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 

3.0% by weight or less.

2. If a nonaerosol 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% by weight or less.

3. The terms "light build-up," "medium [ build-up" buildup," ] or "heavy build-up" are not specifically required as 

long as comparable terminology is used.

H. For a consumer product for which standards are specified 

under subsection A of this section, no owner or other person 

shall sell, supply, offer for sale, or manufacture for sale a 

consumer product that contains any of the following ozonedepleting compounds:

CFC-11 (trichlorofluoromethane), CFC-12 

(dichlorodifluoromethane);

CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane);

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

difluoroethane);

CFC-115 (chloropentafluoroethane), halon 1211 

(bromochlorodifluoromethane);

halon 1301 (bromotrifluoromethane), halon 2402 

(dibromotetrafluoroethane);

HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-

dichloro-1,1,1-trifluoroethane);

HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane);

HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b 

(1-chloro-1,1-difluoroethane);

1,1,1-trichloroethane; or

carbon tetrachloride.

I. The requirements of subsection H of this section shall not 

apply to an existing product formulation that complies with 

Table 45-4A or an existing product formulation that is 

reformulated to meet Table 45-4A, provided the ozonedepleting compound content of the reformulated product does 

not increase.

J. The requirements of subsection H of this section shall not 

apply to ozone-depleting compounds that may be present as 

impurities in a consumer product in an amount equal to or 

less than 0.01% by weight of the product.

9VAC5-45-440. Alternative control plan (ACP) for 

consumer products.

A. 1. Manufacturers of consumer products may seek an ACP 

agreement in accordance with subsections B through L of this 

section.

2. Only responsible ACP parties for consumer products 

may enter into an ACP agreement under the provisions of 

this section.

B. Provisions follow concerning the requirements and 

process for approval of an ACP.

1. To be considered by the board for approval, an 

application for a proposed ACP shall be submitted in 

writing to the board by the responsible ACP party and shall 

contain all of the following:

a. An identification of the contact persons, phone 

numbers, names, and addresses of the responsible ACP 

party that is submitting the ACP application and will be 

implementing the ACP requirements specified in the 

ACP agreement [ ;. ]

b. A statement of whether the responsible ACP party is a 

small business or a one-product business [ ;. ]

c. A listing of the exact product brand name, form, 

available variations (flavors, scents, colors, sizes, etc.), 

and applicable product category for each distinct ACP 

product that is proposed for inclusion in the ACP [ ; 

and. ] 

d. For each proposed ACP product identified in 

subdivision 1 c of this subsection, a demonstration to the 

satisfaction of the board that the enforceable sales 

records to be used by the responsible ACP party for 

tracking product sales meet the minimum criteria 

specified in subdivision 1 d (5) of this subsection. To 

provide this demonstration, the responsible ACP party 

shall either demonstrate to the satisfaction of the board 

that other records provided to the board in writing by the 

responsible ACP party meet the minimum criteria of 

subdivision 1 d (5) of this subsection for tracking product 

sales of each ACP product, or do all of the following:

(1) Provide 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) Determine the enforceable sales of each product using 

enforceable sales records;

(3) Demonstrate, to the satisfaction of the board, the 

validity of the enforceable sales based on enforceable 

sales records provided by the contact persons or the 

responsible ACP party;
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1949

(4) Calculate the percentage of the gross sales [ , which

that ] is composed of enforceable sales; and

(5) Determine which ACP products have enforceable 

sales [ which that ] are 75% or more of the gross sales. 

Only ACP products meeting this criteria shall be allowed 

to be sold under an ACP.

e. For each of the ACP products identified in subdivision 

1 d (5) of this subsection, the inclusion of the following:

(1) Legible copies of the existing labels for each product;

[ and ] 

(2) The VOC content and LVP content for each product. 

The VOC content and LVP content shall be reported for 

two different periods as follows:

(a) The VOC and LVP contents of the product at the time 

the application for an ACP is submitted, and

(b) The VOC and LVP contents of the product that were 

used at any time within the four years prior to the date of 

submittal of the application for an ACP if either the VOC 

or LVP contents have varied by more than plus or minus 

10% of the VOC or LVP contents reported in subdivision 

1 e (2) (a) of this subsection.

f. A written commitment obligating the responsible ACP 

party to date-code every unit of each ACP product 

approved for inclusion 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 five working days after the date an ACP 

agreement approving an ACP is signed by the board.

g. An operational plan covering all the products 

identified under subdivision 1 d (5) of this subsection for 

each compliance period that the ACP will be in effect. 

The operational plan shall contain all of the following:

(1) An identification of the compliance periods and dates 

for the responsible ACP party to report the information 

required by the board in the ACP agreement approving 

an ACP. The length of the compliance period shall be 

chosen by the responsible ACP party (not to exceed 365 

days). The responsible ACP party shall also choose the 

dates for reporting information such that all required 

VOC content and enforceable sales data for all ACP 

products shall be reported to the board at the same time 

and at the same frequency [ ;. ]

(2) An identification of specific enforceable sales records 

to be provided to the board for enforcing the provisions 

of this article and the ACP agreement approving an ACP. 

The enforceable sales records shall be provided to the 

board no later than the compliance period dates specified 

in subdivision 1 g (1) of this subsection [ ;. ]

(3) For a small business or a one-product business that 

will be relying to some extent on surplus trading to meet 

its ACP limits, a written commitment from the 

responsible ACP party that they will transfer the surplus 

reductions to the small business or one-product business 

upon approval of the ACP [ ;. ]

(4) For each ACP product, all VOC content levels that 

will be applicable for the ACP product during each 

compliance period. The plan shall also identify the 

specific method by which the VOC content will be 

determined and the statistical accuracy and precision 

(repeatability and reproducibility) will be calculated for 

each specified method.

(5) The projected enforceable sales for each ACP product 

at each different VOC content for every compliance 

period that the ACP will be in effect [ ;. ]

(6) A detailed demonstration showing the combination of 

specific ACP reformulations or surplus trading (if 

applicable) that is sufficient to ensure that the ACP 

emissions will not exceed the ACP limit for each 

compliance period that the ACP will be in effect, the 

approximate date within each compliance period that 

such reformulations or surplus trading are expected to 

occur, and the extent to which the VOC contents of the 

ACP products will be reduced (i.e., by ACP 

reformulation). This demonstration shall use the 

equations specified in 9VAC5-45-420 C for projecting 

the ACP emissions and ACP limits during each 

compliance period. This demonstration shall also include 

all VOC content levels and projected enforceable sales 

for all ACP products to be sold during each compliance 

period [ ;. ]

(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 other attempts to circumvent the provisions of 

this article [ ;. ]

(8) Written explanations of the date-codes that will be 

displayed on each ACP product's container or packaging

[ ;. ]

(9) A statement of the approximate dates by which the 

responsible ACP party plans to meet the applicable ACP 

VOC standards for each product in the ACP [ ; and. ] 

(10) An operational plan ("reconciliation of shortfalls 

plan") that commits the responsible ACP party to 

completely reconcile shortfalls, even, to the extent 

permitted by law, if the responsible ACP party files for 

bankruptcy protection. The plan for reconciliation of 

shortfalls shall contain all of the following:

(a) A clear and convincing demonstration of how 

shortfalls of up to 5.0%, 10%, 15%, 25%, 50%, 75% and 

100% of the applicable ACP limit will be completely 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1950

reconciled within 90 working days from the date the 

shortfall is determined;

(b) A listing of the specific records and other information 

that will be necessary to verify that the shortfalls were 

reconciled as specified in this subsection; and

(c) A commitment to provide a record or information 

requested by the board to verify that the shortfalls have 

been completely reconciled.

h. A declaration, signed by a legal representative for the 

responsible ACP party, that states that all information 

and operational plans submitted with the ACP 

application are true and correct.

2. a. In accordance with the time periods specified in 

subsection C of this section, the board will issue an ACP 

agreement approving an ACP that meets the requirements 

of this article. The board will specify such terms and 

conditions as are necessary to ensure that the emissions 

from the ACP products do not exceed the emissions that 

would have occurred if the ACP products subject to the 

ACP had met the VOC standards specified in [ 9VAC 5-

45-430 9VAC5-45-430 ] A. The ACP shall also include:

(1) Only those ACP products for which the enforceable 

sales are at least 75% of the gross sales as determined in 

subdivision 1 d (5) of this subsection;

(2) A reconciliation of shortfalls plan meeting the 

requirements of this article; [ and ] 

(3) Operational terms, conditions, and data to be reported 

to the board to ensure that all requirements of this article 

are met.

b. The board will not approve an ACP submitted by a 

responsible ACP party if the board determines, upon 

review of the responsible ACP party's compliance history 

with past or current ACPs or the requirements for 

consumer products in this article, that the responsible 

ACP party has a recurring pattern of violations and has 

consistently refused to take the necessary steps to correct 

those violations.

C. Provisions follow concerning ACP approval time frames.

1. The board will take appropriate action on an ACP within 

the following time periods:

a. Within 30 working days of receipt of an ACP 

application, the board will inform the applicant in writing 

that either:

(1) The application is complete and accepted for filing, or

(2) The application is deficient, and identify the specific 

information required to make the application complete.

b. Within 30 working days of receipt of additional 

information provided in response to a determination that 

an ACP application is deficient, the board will inform the 

applicant in writing that either:

(1) The additional information is sufficient to make the 

application complete, and the application is accepted for 

filing, or

(2) The application is deficient, and identify the specific 

information required to make the application complete.

c. If the board finds that an application meets the 

requirements of subsection B of this section, then it shall 

issue an ACP agreement in accordance with the 

requirements of this article. The board will [ normally ] 

act to approve or disapprove a complete application 

within 90 working days after the application is deemed 

complete. [ The board may extend this time period if 

additional information is needed. ]

2. Before the end of each time period specified in this 

section, the board and the responsible ACP party may 

mutually agree to a longer time period for the board to take 

the appropriate action.

D. Provisions follow concerning recordkeeping and 

availability of requested information.

1. All information specified in the ACP [ Agreement

agreement ] approving an ACP shall be maintained by the 

responsible ACP party for a minimum of three years after 

such records are generated. Such records shall be clearly 

legible and maintained in good condition during this 

period.

2. The records specified in subdivision 1 of this subsection 

shall be made available to the board or its authorized 

representative:

a. Immediately upon request, during an on-site visit to a 

responsible ACP party,

b. Within five working days after receipt of a written 

request from the board, or

c. Within a time period mutually agreed upon by both the 

board and the responsible ACP party.

E. Provisions follow concerning violations.

1. Failure to meet a requirement of this article or a 

condition of an applicable ACP agreement shall constitute 

a single, separate violation of this article for each day until 

such requirement or condition is satisfied, except as 

otherwise provided in subdivisions 2 through 8 of this 

subsection.

2. False reporting of information in an ACP application or 

in any supporting documentation or amendments thereto 

shall constitute a single, separate violation of the 

requirements of this article for each day that the approved 

ACP is in effect.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1951

3. An exceedance during the applicable compliance period 

of the VOC content specified for an ACP product in the 

ACP agreement approving an ACP shall constitute a 

single, separate violation of the requirements of this article 

for each ACP product that exceeds the specified VOC 

content that is sold, supplied, offered for sale, or 

manufactured for use.

4. Any of the following actions shall each constitute a 

single, separate violation of the requirements of this article 

for each day after the applicable deadline until the 

requirement is satisfied:

a. Failure to report data or failure to report data 

accurately in writing to the board regarding the VOC 

content, LVP content, enforceable sales, or other 

information required by the deadline specified in the 

applicable ACP agreement;

b. False reporting of information submitted to the board 

for determining compliance with the ACP requirements;

c. Failure to completely implement the reconciliation of 

shortfalls plan that is set forth in the ACP agreement 

within 30 working days from the date of written 

notification of a shortfall by the board; or

d. Failure to completely reconcile the shortfall as 

specified in the ACP agreement within 90 working days 

from the date of written notification of a shortfall by the 

board.

5. False reporting or failure to report any of the 

information specified in subdivision F 2 i of this section or 

the sale or transfer of invalid surplus reductions shall 

constitute a single, separate violation of the requirements 

of this article for each day during the time period for which 

the surplus reductions are claimed to be valid.

6. Except as provided in subdivision 7 of this subsection, 

an exceedance of the ACP limit for a compliance period 

that the ACP is in effect shall constitute a single, separate 

violation of the requirements of this article for each day of 

the applicable compliance period. The board will 

determine whether an exceedance of the ACP limit has 

occurred as follows:

a. If the responsible ACP party has provided all required 

information for the applicable compliance period 

specified in the ACP agreement approving an ACP, then 

the board will 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 [ ;. ]

b. If the responsible ACP party has failed to provide all 

the required information specified in the ACP agreement 

for an applicable compliance period, the board will 

determine whether an exceedance of the ACP limit has 

occurred as follows:

(1) For the missing data days, the board will calculate the 

total maximum historical emissions as specified in 

9VAC5-45-420 C [ ;. ]

(2) For the remaining portion of the compliance period 

that are not missing data days, the board will calculate 

the emissions for each ACP product using the 

enforceable sales records and VOC content that were 

reported for that portion of the applicable compliance 

period [ ;. ]

(3) The ACP emissions for the entire compliance period 

shall be the sum of the total maximum historical 

emissions determined pursuant to subdivision 6 b (1) of 

this subsection, and the emissions determined pursuant to 

subdivision 6 b (2) of this subsection [ ;. ]

(4) The board will calculate the ACP limit for the entire 

compliance period using the ACP [ Standards standards ] 

applicable to each ACP product and the enforceable sales 

records specified in subdivision 6 b (2) of this subsection. 

The enforceable sales for each ACP product during 

missing data days, as specified in subdivision 6 b (1) of 

this subsection, shall be zero [ ;. ]

(5) An exceedance of the ACP limit has occurred when 

the ACP emissions, determined pursuant to subdivision 6 

b (3) of this subsection, exceeds the ACP limit, 

determined pursuant to subdivision 6 b (4) of this 

subsection.

7. If a violation specified in subdivision 6 of this 

subsection occurs, the responsible ACP party may, 

pursuant to this subdivision, establish the number of 

violations as calculated according to the following 

equation:

where:

NEV = number of ACP limit violations.

ACP emissions = the ACP emissions for the compliance 

period.

ACP limit = the ACP limit for the compliance period.

40 pounds = number of pounds of emissions equivalent to 

one violation.

The responsible ACP party may determine the number of 

ACP limit violations pursuant to this subdivision only if it 

has provided all required information for the applicable 

compliance period, as specified in the ACP agreement 

approving the ACP. By choosing this option, the 

responsible ACP party waives all legal objections to the 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1952

calculation of the ACP limit violations pursuant to this 

subdivision.

8. A cause of action against a responsible ACP party under 

this section shall be deemed to accrue on the date when the 

records establishing a violation are received by the board.

9. The responsible ACP party is fully liable for compliance 

with the requirements of this article, even if the responsible 

ACP party contracts with or otherwise relies on another 

person to carry out some or all of the requirements of this 

article.

F. Provisions follow concerning surplus reductions and 

surplus trading.

1. The board will issue surplus reduction certificates that 

establish and quantify, to the nearest pound of VOC 

reduced, the surplus reductions achieved by a responsible 

ACP party operating under an ACP. The surplus reductions 

can be bought from, sold to, or transferred to a responsible 

ACP party operating under an ACP, as provided in 

subdivision 2 of this subsection. All surplus reductions 

shall be calculated by the board at the end of each 

compliance period within the time specified in the 

approved ACP. Surplus reduction certificates shall not 

constitute instruments, securities, or another form of 

property.

2. The issuance, use, and trading of all surplus reductions 

shall be subject to the following provisions:

a. For the purposes of this article, VOC reductions from 

sources of VOCs other than consumer products subject to 

the VOC standards specified in 9VAC5-45-430 A may 

not be used to generate surplus reductions [ ;. ]

b. Surplus reductions are valid only when generated by a 

responsible ACP party and only while that responsible 

ACP party is operating under an approved ACP [ ;. ]

c. Surplus reductions are valid only after the board has 

issued an ACP agreement pursuant to subdivision 1 of 

this subsection.

d. Surplus reductions issued by the board 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 subdivision J 2 of this section [ ;. ]

e. Surplus reductions cannot be applied retroactively to a 

compliance period prior to the compliance period in 

which the reductions were generated [ ;. ]

f. Except as provided in subdivision 2 g (2) of this 

subsection, only small or one-product businesses selling 

products under an approved 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.

g. While valid, surplus reductions can be used only for 

the following purposes:

(1) To adjust the ACP emissions of either the responsible 

ACP party who generated the reductions or the 

responsible ACP party to which the reductions were 

traded, provided the surplus reductions are not to be used 

by a 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) To be traded for the purpose of reconciling another 

responsible ACP party's shortfalls, provided such 

reconciliation is part of the reconciliation of shortfalls 

plan approved by the board pursuant to subdivision B 1 g 

(10) of this section.

h. A valid surplus reduction shall be in effect starting five 

days after the date of issuance by the board for a 

continuous period equal to the number of days in the 

compliance period during which the surplus reduction 

was generated. The surplus reduction shall then expire at 

the end of its effective period.

i. At least five working days prior to the effective date of 

transfer of surplus reductions, both the responsible ACP 

party that is selling surplus reductions and the 

responsible ACP party that is buying the surplus 

reductions shall, either together or separately, notify the 

board in writing of the transfer. The notification shall 

include all of the following:

(1) The date the transfer is to become effective;

(2) The date the surplus reductions being traded are due 

to expire;

(3) The amount (in pounds of VOCs) of surplus 

reductions that are being transferred;

(4) The total purchase price paid by the buyer for the 

surplus reductions;

(5) The contact persons, names of the companies, street 

and mail addresses, and phone numbers of the 

responsible ACP parties involved in the trading of the 

surplus reductions; [ and ] 

(6) A copy of the board-issued surplus reductions 

certificate, signed by both the seller and buyer of the 

certificate, showing transfer of all or a specified portion 

of the surplus reductions. The copy shall show the 

amount of any remaining nontraded surplus reductions, if 

applicable, and shall show their expiration date. The copy 

shall indicate that both the buyer and seller of the surplus 

reductions fully understand the conditions and limitations 

placed upon the transfer of the surplus reductions and 

accept full responsibility for the appropriate use of such 

surplus reductions as provided in this section.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1953

j. Surplus reduction credits shall only be traded between 

ACP products.

3. Provisions follow concerning limited-use surplus 

reduction credits for early reformulations of ACP products.

a. For the purposes of this subdivision, "early 

reformulation" means an ACP product that is 

reformulated to result in a reduction in the product's 

VOC content, and that is sold, supplied, or offered for 

sale for the first time during the one-year (365 day) 

period immediately prior to the date on which the 

application for a proposed ACP is submitted to the board. 

Early reformulation does not include reformulated ACP 

products that are sold, supplied, or offered for sale more 

than one year prior to the date on which the ACP 

application is submitted to the board.

b. If requested in the application for a proposed ACP, the 

board will, upon approval of the ACP, issue surplus 

reduction credits for early reformulation of ACP 

products, provided that all of the following 

documentation has been provided by the responsible 

ACP party to the satisfaction of the board:

(1) Accurate documentation showing that the early 

reformulation reduced the VOC content of the ACP 

product to a level that is below the pre-ACP VOC 

content of the product or below the applicable VOC 

standard specified in 9VAC 5-45-430 A, whichever is the 

lesser of the two;

(2) Accurate documentation demonstrating that the early 

reformulated ACP product was sold in retail outlets 

within the time period specified in subdivision 3 a of this 

subsection;

(3) Accurate sales records for the early reformulated 

ACP product that meet the definition of enforceable sales 

records and that demonstrate that the enforceable sales 

for the ACP product are at least 75% of the gross sales 

for the product, as specified in subdivision B 1 d of this 

section; [ and ] 

(4) Accurate documentation for the early reformulated 

ACP product that meets the requirements specified in 

subdivisions B 1 c and d and B 1 g (7) and (8) of this 

section and that identifies the specific test methods for 

verifying the claimed early reformulation and the 

statistical accuracy and precision of the test methods as 

specified in subdivision B 1 g (4) of this section.

c. Surplus reduction credits issued pursuant to this 

subsection shall be calculated separately for each early 

reformulated ACP product by the board according to the 

following equation:

where:

SR = surplus reductions for the ACP product, expressed 

to the nearest pound.

Enforceable sales = the enforceable sales for the early 

reformulated ACP product, expressed to the nearest 

pound of ACP product.

VOC contentinitial = the pre-ACP VOC content of the 

ACP product, or the applicable VOC standard specified 

in 9VAC5-45-430 A, whichever is the lesser of the two, 

expressed to the nearest 0.1 pounds of VOC per 100 

pounds of ACP product.

VOC contentfinal = the VOC content of the early 

reformulated ACP product after the early reformulation 

is achieved, expressed to the nearest 0.1 pounds of VOC 

per 100 pounds of ACP product.

d. The use of limited use surplus reduction credits issued 

pursuant to this subdivision shall be subject to all of the 

following provisions:

(1) Limited use surplus reduction credits shall be used 

solely to reconcile the responsible ACP party's shortfalls, 

if any, generated during the first compliance period 

occurring immediately after the issuance of the ACP 

agreement approving an ACP, and [ shall may ] not be 

used for another purpose;

(2) Limited use surplus reduction credits [ shall may ] not 

be transferred to, or used by, another responsible ACP 

party; [ and ] 

(3) Except as provided in this subdivision, limited use 

surplus reduction credits shall be subject to all 

requirements applicable to surplus reductions and surplus 

trading as specified in subdivisions 1 and 2 of this 

subsection.

G. Provisions follow concerning the reconciliation of 

shortfalls.

1. At the end of each compliance period, the responsible 

ACP party shall make an initial calculation of shortfalls 

occurring in that compliance period as specified in the 

ACP agreement approving the ACP. Upon receipt of this 

information, the board will determine the amount of a 

shortfall that has occurred during the compliance period 

and shall notify the responsible ACP party of this 

determination.

2. The responsible ACP party shall implement the 

reconciliation of shortfalls plan as specified in the ACP 

agreement approving the ACP within 30 working days 

from the date of written notification of a shortfall by the 

board.

3. All shortfalls shall be completely reconciled within 90 

working days from the date of written notification of a 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1954

shortfall by the board by implementing the reconciliation 

of shortfalls plan specified in the ACP agreement 

approving the ACP.

4. All requirements specified in the ACP agreement 

approving an ACP, including all applicable ACP limits, 

shall remain in effect while shortfalls are in the process of 

being reconciled.

H. Provisions follow concerning the notification of 

modifications to an ACP by the responsible ACP party.

1. Board pre-approval is not required for modifications that 

are a change to an ACP product's: (i) product name, (ii) 

product formulation, (iii) product form, (iv) product 

function, (v) applicable product category, (vi) VOC 

content, (vii) LVP content, (viii) date-codes, or (ix) 

recommended product usage directions. The responsible 

ACP party shall notify the board of such changes, in 

writing, no later than 15 working days from the date such a 

change occurs. For each modification, the notification shall 

fully explain the following:

a. The nature of the modification;

b. The extent to which the ACP product formulation, 

VOC content, LVP content, or recommended usage 

directions will be changed;

c. The extent to which the ACP emissions and ACP limit 

specified in the ACP agreement will be changed for the

applicable compliance period; and

d. The effective date and corresponding date-codes for 

the modification.

2. The responsible ACP party may propose modifications 

to the enforceable sales records or the reconciliation of 

shortfalls plan specified in the ACP agreement approving 

the ACP, however, such modifications require board preapproval. Any such proposed modifications shall be fully 

described in writing and forwarded to the board. The 

responsible ACP party shall clearly demonstrate that the 

proposed modifications will meet the requirements of this 

article. The board will act on the proposed modifications 

using the procedure set forth in subsection C of this 

section. The responsible ACP party shall meet all 

applicable requirements of the existing ACP until such 

time as a proposed modification is approved in writing by 

the board.

3. Except as otherwise provided in subdivisions 1 and 2 of 

this subsection, the responsible ACP party shall notify the 

board, in writing, of information known by the responsible 

ACP party that may alter the information submitted 

pursuant to the requirements of subsection B of this 

section. The responsible ACP party shall provide such 

notification to the board no later than 15 working days 

from the date such information is known to the responsible 

ACP party.

I. Provisions follow concerning the modification of an ACP 

by the board.

1. If the board determines that: (i) the enforceable sales for 

an ACP product are no longer at least 75% of the gross 

sales for that product, (ii) the information submitted 

pursuant to the approval process set forth in subsection C 

of this section is no longer valid, or (iii) the ACP emissions 

are exceeding the ACP limit specified in the ACP 

agreement approving an ACP, then the board will modify 

the ACP as necessary to ensure that the ACP meets all 

requirements of this article and that the ACP emissions 

will not exceed the ACP limit. [ Modifications of ACPs are 

considered case decisions and will be processed using the 

procedures prescribed in 9VAC5-170 and Article 3 (§ 2.2-

4018 et seq.) of the Administrative Process Act. ] 

2. If any applicable VOC standards specified in 9VAC5-

45-430 A are modified by the board in a future rulemaking, 

the board will modify the ACP limit specified in the ACP 

agreement approving an ACP to reflect the modified ACP 

VOC standards as of their effective dates.

J. Provisions follow concerning the cancellation of an ACP.

1. An ACP shall remain in effect until:

a. The ACP reaches the expiration date specified in the 

ACP agreement;

b. The ACP is modified by the responsible ACP party 

and approved by the board as provided in subsection H of 

this section;

c. The ACP is modified by the board as provided in 

subsection I of this section;

d. The ACP includes a product for which the VOC 

standard specified in 9VAC5-45-430 A is modified by 

the board in a future rule-making, and the responsible 

ACP party informs the board in writing that the ACP will 

terminate on the effective date of the modified standard;

[ or ] 

e. The ACP is cancelled pursuant to subdivision 2 of this 

subsection.

2. The board will cancel an ACP if any of the following 

circumstances occur:

a. The responsible ACP party demonstrates to the 

satisfaction of the board that the continuation of the ACP 

will result in an extraordinary economic hardship;

b. The responsible ACP party violates the requirements 

of the approved ACP, and the violation results in a 

shortfall that is 20% or more of the applicable ACP limit 

(i.e., the ACP emissions exceed the ACP limit by 20% or 

more);
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1955

c. The responsible ACP party fails to meet the 

requirements of subsection G of this section within the 

time periods specified in that subsection [ .; or ] 

d. The responsible ACP party has demonstrated a 

recurring pattern of violations and has consistently failed 

to take the necessary steps to correct those violations.

3. Cancellations of ACPs are considered case decisions and 

will be processed using the procedures prescribed in

[ 9VAC5-170 and 9VAC5-170-40 A 2 and applicable 

provisions of ] Article 3 (§ 2.2-4018 et seq.) of the 

Administrative Process Act.

4. The responsible ACP party for an ACP that is canceled 

pursuant to this section and who does not have a valid ACP 

to immediately replace the canceled ACP shall meet all of 

the following requirements:

a. All remaining shortfalls in effect at the time of ACP 

cancellation shall be reconciled in accordance with the 

requirements of subsection G of this section, and

b. All ACP products subject to the ACP shall be in 

compliance with the applicable VOC standards in 

9VAC5-45-430 A immediately upon the effective date of 

ACP cancellation.

5. Violations incurred pursuant to subsection E of this 

section shall not be cancelled or affected by the subsequent 

cancellation or modification of an ACP pursuant to 

subsection H, I, or J of this section.

K. The information required by subdivisions B 1 a and b and 

F 2 i of this section is public information that may not be 

claimed as confidential. [ All other Other ] information 

submitted to the board to meet the requirements of this 

section shall be available to the public except where the 

owner makes a showing satisfactory to the board under 

9VAC5-170-60 B that the information meets the criteria in 

9VAC5-170-60 C, in which case the information shall be 

handled in accordance with the procedures specified in §§ 

10.1-1314 and 10.1-1314.1 of the Air Pollution Control Law 

of Virginia.

L. A responsible ACP party may transfer an ACP to another 

responsible ACP party, provided that all of the following 

conditions are met:

1. The board will be notified, in writing, by both 

responsible ACP parties participating in the transfer of the 

ACP and its associated ACP agreement. The written 

notifications shall be postmarked at least five working days 

prior to the effective date of the 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. 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 agreement approving the ACP and this article.

M. In approving agreements under subsections B through L 

of this section, the board will take into consideration whether 

the applicant has been granted an ACP by CARB. A 

manufacturer of consumer products that has been granted an 

ACP agreement by the CARB under the provisions in 

Subchapter 8.5, Article 4, Sections 94540-94555, of Title 17 

of the California Code of Regulations (see 9VAC5-20-21) 

may be exempt from Table 45-4A for the period of time that 

the CARB ACP agreement remains in effect provided that all 

ACP products used for emission credits within the CARB 

ACP agreement are contained in Table 45-4A. A 

manufacturer claiming such an ACP agreement on this basis 

must submit to the board a copy of the CARB ACP decision 

(i.e., the executive order), including all conditions established 

by CARB applicable to the exemption and certification that 

the manufacturer will comply with the CARB ACP decision 

for those ACP products in the areas specified in 9VAC5-45-

400 B.

9VAC5-45-450. Innovative products.

A. Manufacturers of consumer products may seek an 

innovative products exemption in accordance with the 

following criteria:

1. The board will exempt a consumer product from the 

VOC limits specified in 9VAC5-45-430 A if a 

manufacturer demonstrates by clear and convincing 

evidence that, due to some characteristic of the product 

formulation, design, delivery systems or other factors, the 

use of the product will result in less VOC emissions as 

compared to:

a. The VOC emissions from a representative consumer 

product that complies with the VOC limits specified in 

9VAC5-45-430 A, or

b. The calculated VOC emissions from a noncomplying 

representative product, if the product had been 

reformulated to comply with the VOC limits specified in 

9VAC5-45-430 A. VOC emissions shall be calculated 

using the following equation:

where:

ER = The VOC emissions from the noncomplying 

representative product, had it been reformulated.

ENC = The VOC emissions from the noncomplying 

representative product in its current formulation.

VOCSTD = the VOC limit specified in Table 45-4A.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1956

VOCNC = the VOC content of the noncomplying product 

in its current formulation.

If a manufacturer demonstrates that this equation yields 

inaccurate results due to some characteristic of the 

product formulation or other factors, an alternative 

method [ which that ] accurately calculates emissions 

may be used upon approval of the board.

2. For the purposes of this subsection, "representative 

consumer product" means a consumer product that meets 

all of the following criteria:

a. The representative product shall be subject to the same 

VOC limit in 9VAC5-45-430 A as the innovative 

product;

b. The representative product shall be of the same 

product form as the innovative product unless the 

innovative product uses a new form that does not exist in 

the product category at the time the application is made; 

and

c. The representative product shall have at least a similar 

efficacy as other consumer products in the same product 

category based on tests generally accepted for that 

product category by the consumer products industry.

3. A manufacturer shall apply in writing to the board for an 

exemption claimed under subdivision A 1 of this section. 

The application shall include the supporting documentation 

that demonstrates the emissions from the innovative 

product, including the actual physical test methods used to 

generate the data and, if necessary, the consumer testing 

undertaken to document product usage. In addition, the 

applicant must provide the information necessary to enable 

the board 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 Information ] submitted to 

the board pursuant to this section shall be available to the 

public except where the owner makes a showing 

satisfactory to the board under 9VAC5-170-60 B that the 

information meets the criteria in 9VAC5-170-60 C, in 

which case the information shall be handled in accordance 

with the procedures specified in §§ 10.1-1314 and 10.1-

1314.1 of the Air Pollution Control Law of Virginia.

4. Within 30 days of receipt of the exemption application, 

the board will determine whether an application is 

complete.

5. Within 90 days after an application has been deemed 

complete, the board will determine whether, under what 

conditions, and to what extent an exemption from the 

requirements of 9VAC5-45-430 A will be permitted. [ The 

applicant and the board may mutually agree to a longer 

time period for reaching a decision, The board may extend 

this time period if additional time is needed to reach a 

decision, ] and additional supporting documentation may 

be submitted by the applicant before a decision has been 

reached. The board will 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 subdivision 1 of 

this subsection, and that such emissions reductions can be 

enforced.

6. In granting an exemption for a product, the board will 

establish enforceable conditions. These conditions shall 

include the VOC content of the innovative product, 

dispensing rates, application rates, and other parameters 

determined by the board to be necessary. The board will 

also specify the test methods for determining conformance 

to the conditions established. The test methods shall 

include criteria for reproducibility, accuracy, sampling, and 

laboratory procedures.

7. For a product for which an exemption has been granted 

pursuant to this section, the manufacturer shall notify the 

board in writing within 30 days of a change in the product 

formulation or recommended product usage directions and 

shall also notify the board within 30 days if the 

manufacturer learns of information that would alter the 

emissions estimates submitted to the board in support of 

the exemption application.

8. If the VOC limits specified in 9VAC5-45-430 A are 

lowered for a product category through a subsequent 

rulemaking, all innovative product exemptions granted for 

products in the product category, except as provided in this 

subdivision, shall have no force and effect as of the 

effective date of the modified VOC standard. This 

subdivision shall not apply to those innovative products 

that have VOC emissions less than the applicable lowered 

VOC limit and for which a written notification of the 

product's emissions status versus the lowered VOC limit 

has been submitted to and approved by the board at least 

60 days before the effective date of such limits.

9. If the board believes that a consumer product for which 

an exemption has been granted no longer meets the criteria 

for an innovative product specified in subdivision 1 of this 

subsection, the board may modify or revoke the exemption 

as necessary to assure that the product will meet these 

criteria. [ Modifications and revocations of exemptions are 

considered case decisions and will be processed using the 

procedures prescribed in 9VAC5-170 and Article 3 (§ 2.2-

4018 et seq.) of the Administrative Process Act. ] 

B. In granting an exemption under this section, the board 

will take into consideration whether the applicant has been 

granted an innovative product exemption by CARB. A 

manufacturer of consumer products that has been granted an 

innovative product exemption 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 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1957

of Title 17 of the California Code of Regulations (see 

9VAC5-20-21) may be exempt from Table 45-4A for the 

period of time that the CARB innovative products exemption 

remains in effect provided that all consumer products within 

the CARB innovative products exemption are contained in 

Table 45-4A. A manufacturer claiming such an exemption on 

this basis must submit to the board a copy of the innovative 

product exemption decision (i.e., the executive order), 

including all conditions established by CARB applicable to 

the exemption and certification that the manufacturer will 

comply with the CARB innovative product exemption 

decision for those products in the areas specified in 9VAC5-

45-400 B.

9VAC5-45-460. Administrative requirements.

A. Provisions follow concerning product dating.

1. Each manufacturer of a consumer product subject to 

9VAC5-45-430 shall clearly display on each consumer 

product container or package, the day, month, and year on 

which the product was manufactured or a code indicating 

such date.

2. A manufacturer who uses the following code to indicate 

the date of manufacture shall not be subject to the 

requirements of subdivision B 1 of this section, if the code 

is represented separately from other codes on the product 

container so that it is easily recognizable:

YY DDD = year year day day day

where:

[ "YY" YY ] = two digits representing the year in which 

the product was manufactured, and

[ "DDD" DDD ] = three digits representing the day of the 

year on which the product was manufactured, with

[ "001" 001 ] representing the first day of the year,

[ "002" 002 ] representing the second day of the year, and 

so forth (i.e., the [ "Julian date" Julian date ] ).

3. The date or date code shall be located on the container 

or inside the cover or cap so that it is readily observable or 

obtainable (by simply removing the cap or cover) without 

irreversibly disassembling a part of the container or 

packaging. For the purposes of this subdivision, 

information may be displayed on the bottom of a container 

as long as it is clearly legible without removing any 

product packaging.

4. This date or date code shall be displayed on each 

consumer product container or package no later than the 

effective date of the applicable standard specified in 

9VAC5-45-430 A.

5. The requirements of this section shall not apply to 

products containing no VOCs or containing VOCs at 

0.10% by weight or less.

B. Additional provisions follow concerning product dating.

1. If a manufacturer uses a code indicating the date of 

manufacture for a consumer product subject to 9VAC5-45-

430, an explanation of the date portion of the code must be 

filed with the board upon request by the board.

2. If a manufacturer changes any code indicating the date 

of manufacture for any consumer product subject to 

9VAC5-45-430 and the board has requested an explanation 

of any previous product dating code for that consumer 

product, then an explanation of the modified code shall be 

submitted to the board before any products displaying the 

modified code are sold, supplied, or offered for sale within 

the areas designated in 9VAC5-45-400 B.

3. No person shall erase, alter, deface, or otherwise remove 

or make illegible any date or code indicating the date of 

manufacture from any regulated product container without 

the express authorization of the manufacturer.

4. Date code explanations for codes indicating the date of 

manufacture are public information and may not be 

claimed as confidential.

C. Additional provisions follow concerning the most 

restrictive limit that applies to a product.

1. For FIFRA-registered insecticides manufactured before

[ January 1, 2010 August 1, 2011 ], notwithstanding the 

definition of "product category" in 9VAC5-45-420 C, if 

anywhere on the principal display panel, a representation is 

made that the product may be used as or is suitable for use 

as a consumer product for which a lower VOC limit is 

specified in 9VAC5-45-430 A, then the lowest VOC limit 

shall apply. This requirement does not apply to general 

purpose cleaners, antiperspirant or deodorant products, and 

insecticide foggers.

2. For consumer products manufactured on or after

[ January 1, 2009 August 1, 2010 ], and FIFRA-registered 

insecticides manufactured on or after [ January 1, 2010

August 1, 2011 ], notwithstanding the definition of 

"product category" in 9VAC5-45-420 C, if anywhere on 

the container or packaging, or on any sticker or label 

affixed thereto, any representation is made that the product 

may be used as, or is suitable for use as a consumer 

product for which a lower VOC limit is specified in 

9VAC5-45-430 A, then the lowest VOC limit shall apply. 

This requirement does not apply to general purpose 

cleaners, antiperspirant or deodorant products, and 

insecticide foggers.

D. Provisions follow concerning additional labeling 

requirements for aerosol adhesives, adhesive removers, 

electronic cleaner, electrical cleaner, energized electrical 

cleaner, and contact adhesives.

1. In addition to the requirements specified in subsections 

A and C of this section and in 9VAC5-45-510, both the 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1958

manufacturer and responsible party for each aerosol 

adhesive, adhesive remover, electronic cleaner, electrical 

cleaner, energized electrical cleaner, and contact adhesive 

product subject to this article shall ensure that all products 

clearly display the following information on each product 

container that is manufactured on or after the effective date 

for the product category specified in Table 45-4A.

a. The product category as specified in 9VAC5-45-430 A 

or an abbreviation of the category shall be displayed;

b. (1) The applicable VOC standard for the product that 

is specified in 9VAC5-45-430 A, except for energized 

electrical cleaner, expressed as a percentage by weight, 

shall be displayed unless the product is included in an 

alternative control plan approved by the board, as 

provided in 9VAC5-45-440, and the product exceeds the 

applicable VOC standard;

(2) If the product is included in an alternative control 

plan approved by the board, and the product exceeds the 

applicable VOC standard specified in 9VAC5-45-430 A, 

the product shall be labeled with the term "ACP" or 

"ACP product";

c. If the product is classified as a special purpose spray 

adhesive, the applicable substrate or application or an 

abbreviation of the substrate or application that qualifies 

the product as special purpose shall be displayed;

d. If the manufacturer or responsible party uses an 

abbreviation as allowed by this subsection, an 

explanation of the abbreviation must be filed with the 

board before the abbreviation is used.

2. The information required in subdivision 1 of this 

subsection shall be displayed on the product container such 

that it is readily observable without removing or 

disassembling a portion of the product container or 

packaging. For the purposes of this subsection, information 

may be displayed on the bottom of a container as long as it 

is clearly legible without removing product packaging.

3. No person shall remove, alter, conceal, or deface the 

information required in subdivision 1 of this subsection 

prior to final sale of the product.

9VAC5-45-470. Compliance.

The provisions of 9VAC5-45-20 (Compliance) apply.

9VAC5-45-480. Compliance [ schedules schedule ].

Affected owners or other persons shall comply with the 

provisions of this article as expeditiously as possible but in no 

case later than [ January 1, 2009 August 1, 2010 ].

9VAC5-45-490. Test methods and procedures.

A. The provisions of 9VAC5-45-30 (Emission testing) 

apply.

B. 1. Testing to determine compliance with the requirements 

of this article shall be performed using CARB Method 310 

(see 9VAC5-20-21). Alternative methods that can accurately 

determine the concentration of VOCs in a subject product or 

its emissions may be used consistent with the approval 

requirements of 9VAC5-45-30 A.

2. In sections 3.5, 3.6, and 3.7 of CARB Method 310 (see 

9VAC5-20-21), a process is specified for the "Initial 

Determination of VOC Content" and the "Final 

Determination of VOC Content." Information submitted to 

the board to meet the requirements of this section shall be 

available to the public except where the owner makes a 

showing satisfactory to the board under 9VAC5-170-60 B 

that the information meets the criteria in 9VAC5-170-60 C, 

in which case the information shall be handled in 

accordance with the procedures specified in §§ 10.1-1314 

and 10.1-1314.1 of the Air Pollution Control Law of 

Virginia.

C. For VOC content determinations using product 

formulation and records, testing to determine compliance 

with the requirements of this article may also be demonstrated 

through calculation of the VOC content from records of the 

amounts of constituents used to make the product pursuant to 

the following criteria:

1. Compliance determinations based on these records may 

not be used unless the manufacturer of a consumer product 

keeps accurate records for each day of production of the 

amount and chemical composition of the individual 

product constituents. These records must be kept for at 

least three years.

2. For the purposes of this subsection, the VOC content 

shall be calculated according to the following equation:

where:

A = total net weight of unit (excluding container and 

packaging).

B = total weight of all VOCs per unit.

C = total weight of all exempted VOCs per unit as 

specified in 9VAC5-45-410.

3. If product records appear to demonstrate compliance 

with the VOC limits, but these records are contradicted by 

product testing performed using CARB Method 310 (see 

9VAC5-20-21), the results of CARB Method 310 shall 

take precedence over the product records and may be used 

to establish a violation of the requirements of this article.

D. Testing to determine whether a product is a liquid or 

solid shall be performed using ASTM "Standard Test Method 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1959

for Determining Whether a Material is a Liquid or a Solid" 

(see 9VAC5-20-21).

E. Testing to determine compliance with the certification 

requirements for charcoal lighter material shall be performed 

using the procedures specified in the South Coast Air Quality 

Management District Rule 1174 Ignition Method Compliance 

Certification Protocol (see 9VAC5-20-21).

F. Testing to determine distillation points of petroleum 

distillate-based charcoal lighter materials shall be performed 

using ASTM "Standard Test Method for Distillation of 

Petroleum Products at Atmospheric Pressure" (see 9VAC5-

20-21).

G. No person shall create, alter, falsify, or otherwise modify 

records in such a way that the records do not accurately 

reflect the constituents used to manufacture a product, the 

chemical composition of the individual product, and other 

tests, processes, or records used in connection with product 

manufacture.

9VAC5-45-500. Monitoring.

The provisions of 9VAC5-45-40 (Monitoring) apply.

9VAC5-45-510. Notification, records and reporting.

A. The provisions of 9VAC5-45-50 (Notification, records 

and reporting) apply.

B. Upon 90 days written notice, the board may require a 

responsible party to register and report information for a 

consumer product the board may specify, including, but not 

limited to, all or part of the information specified in 

subdivisions 1 through 12 of this subsection. If the 

responsible party does not have or does not provide the 

information requested by the board, the board may require the 

reporting of this information by another owner or other 

person that has the information, including, but not limited to, 

any formulator, manufacturer, supplier, parent company, 

private labeler, distributor, or repackager.

1. The company name of the responsible party and the 

party's address, telephone number, and designated contact 

person [ ;. ]

2. A showing satisfactory to the board under 9VAC5-170-

60 B and C that supports any claim of confidentiality made 

pursuant to 9VAC5-170-60 [ B and C ] , §§ 10.1-1314 and 

10.1-1314.1 of the Virginia Air Pollution Control Law, and 

other applicable state confidentiality requirements [ ;. ]

3. The product brand name for each consumer product 

subject to registration and, upon request by the board, the 

product label [ ;. ]

4. The product category to which the consumer product 

belongs [ ;. ]

5. The applicable product forms listed separately [ ;. ]

6. An identification of each product brand name and form 

as a "Household Product," "I&I Product," or both [ ;. ]

7. Separate sales in pounds per year, to the nearest pound, 

and the method used to calculate sales for each product 

form [ ;. ]

8. For registrations submitted by two companies, an 

identification of the company that is submitting relevant 

data separate from that submitted by the responsible party. 

All registration information from both companies shall be 

submitted by the date specified in this subsection [ ;. ]

9. For each product brand name and form, the net percent 

by weight of the total product, less container and 

packaging, composed of the following, rounded to the 

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

a. Total exempt compounds [ ;. ]

b. Total LVP-VOCs that are not fragrances [ ;. ]

c. Total all other carbon-containing compounds that are 

not fragrances [ ;. ]

d. Total all noncarbon-containing compounds [ ;. ]

e. Total fragrance [ ;. ]

f. For products containing greater than 2.0% by weight 

fragrance:

(1) The percent of fragrances that are LVP-VOCs [ , and; 

and ] 

(2) The percent of fragrances that are all other carboncontaining compounds [ ;. ]

g. Total paradichlorobenzene [ ;. ]

10. For each product brand name and form, the identity, 

including the specific chemical name and associated 

Chemical Abstract Services (CAS) number, of the 

following:

a. Each exempt compound; and

b. Each LVP-VOC that is not a fragrance [ ;. ]

11. If applicable, the weight percent composed of 

propellant for each product [ ;. ]

12. If applicable, an identification of the type of propellant

[ ;. ]

C. In addition to the requirements of subdivision B 10 of this 

section, the responsible party shall report to the board the net 

percentage by weight of each ozone-depleting compound that 

is:

1. Listed in 9VAC5-45-430 H; and

2. Contained in a product subject to registration under 

subsection B of this section in an amount greater than 1.0% 

by weight.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1960

D. [ All information Information ] submitted [ to the board ] 

by responsible parties pursuant to this section shall be 

available to the public except where the owner makes a 

showing satisfactory to the board under 9VAC5-170-60 B 

that the information meets the criteria in 9VAC5-170-60 C, in 

which case the information shall be handled in accordance 

with the procedures specified in §§ 10.1-1314 and 10.1-

1314.1 of the Air Pollution Control Law of Virginia.

E. Provisions follow concerning special recordkeeping and 

reporting requirements for consumer products that contain 

perchloroethylene or methylene chloride.

1. The requirements of this subsection shall apply to all 

responsible parties for consumer products that are subject 

to 9VAC5-45-430 A and contain perchloroethylene or 

methylene chloride. For the purposes of this subsection, a 

product contains perchloroethylene or methylene chloride 

if the product contains 1.0% or more by weight (exclusive 

of the container or packaging) of either perchloroethylene 

or methylene chloride.

2. For each consumer product that contains 

perchloroethylene or methylene chloride, the responsible 

party shall keep records of the following information for 

products sold during each calendar year, beginning with 

the year of the applicable compliance date specified in 

9VAC5-45-480, and ending with the year 2010:

a. The product brand name and a copy of the product 

label with legible usage instructions;

b. The product category to which the consumer product 

belongs;

c. The applicable product form, listed separately;

d. For each product form listed in subdivision 2 c of this 

subsection, the total sales during the calendar year, to the 

nearest pound (exclusive of the container or packaging), 

and the method used for calculating sales;

e. The weight percentage, to the nearest 0.10% of 

perchloroethylene and methylene chloride in the 

consumer product;

3. Upon 90 days written notice, the board may require a 

responsible party to report the information specified in 

subdivision 2 of this subsection.

4. Records required by subdivision 2 of this subsection 

shall be maintained by the responsible party for [ five

three ] calendar years from the date such records were 

created.

5. Alternative control plan notifications, records, and 

reporting shall be made as required by 9VAC5-45-440 and 

as required in the ACP agreement.

6. Innovative product notifications, records, and reporting 

shall be made as required by 9VAC5-45-450 and as 

required in the [ Innovative Products innovative products ] 

exemption notification letter.

Article 5 

Emission Standards for Architectural and Industrial 

Maintenance Coatings 

9VAC5-45-520. Applicability.

A. Except as provided in 9VAC5-45-530, the provisions of 

this article apply to any owner or other person who supplies, 

sells, offers for sale, or manufactures any architectural 

coating for use, as well as any owner or other person who 

applies or solicits the application of any architectural coating.

B. The provisions of this article apply only to owners and 

other persons in the Northern Virginia and Fredericksburg 

Volatile Organic Compound Emissions Control Areas 

designated in 9VAC5-20-206.

9VAC5-45-530. Exemptions.

A. The provisions of this article do not apply to:

1. Any architectural coating that is sold or manufactured 

for use exclusively outside of the Northern Virginia and

Fredericksburg Volatile Organic Compound Emissions 

Control Areas or for shipment to other manufacturers for 

reformulation or repackaging.

2. Any aerosol coating product.

3. Any architectural coating that is sold in a container with 

a volume of one liter (1.057 quart) or less.

B. For purposes of this article, the terms "supply" or 

"supplied" do not include internal transactions within a 

business or governmental entity. These terms only apply to 

transactions between manufacturers/commercial distributors 

that sell, or otherwise provide, products to 

businesses/governmental entities/individuals.

9VAC5-45-540. Definitions.

A. For the purpose of applying this article in the context of 

the Regulations for the Control and Abatement of Air 

Pollution and related uses, the words or terms shall have the

[ meaning meanings ] given them in subsection C of this 

section.

B. As used in this article, all terms not defined herein shall 

have the [ meaning meanings ] given them in 9VAC5-10

[ (General Definitions) ] unless otherwise required by context.

C. Terms defined.

"Adhesive" means any chemical substance that is applied for 

the purpose of bonding two surfaces together other than by 

mechanical means.

"Aerosol coating product" means a pressurized coating 

product containing pigments or resins that dispenses product 

ingredients by means of a propellant, and is packaged in a 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1961

disposable can for hand-held application, or for use in 

specialized equipment for ground traffic/marking 

applications.

"Antenna coating" means a coating labeled and formulated 

exclusively for application to equipment and associated 

structural appurtenances that are used to receive or transmit 

electromagnetic signals.

"Antifouling coating" means a coating labeled and 

formulated for application to submerged stationary structures 

and their appurtenances to prevent or reduce the attachment 

of marine or freshwater biological organisms. To qualify as 

an antifouling coating, the coating shall be registered with 

both the U.S. EPA under the Federal Insecticide, Fungicide 

and Rodenticide Act (7 USC § 136 et seq.) and with the 

Pesticide Control Board under the provisions of Chapter 39 

(§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia.

"Appurtenance" means any accessory to a stationary 

structure coated at the site of installation, whether installed or 

detached, including but not limited to bathroom and kitchen 

fixtures; cabinets; concrete forms; doors; elevators; fences; 

hand railings; heating equipment, air conditioning equipment, 

and other fixed mechanical equipment or stationary tools; 

lampposts; partitions; pipes and piping systems; rain gutters 

and downspouts; stairways; fixed ladders; catwalks and fire 

escapes; and window screens.

"Architectural coating" means a coating to be applied to 

stationary structures or the appurtenances at the site of 

installation, to portable buildings at the site of installation, to 

pavements, or to curbs. Coatings applied in shop applications 

or to nonstationary structures such as airplanes, ships, boats, 

railcars, and automobiles, and adhesives are not considered 

architectural coatings for the purposes of this article.

"ASTM" means the American Society for Testing and 

Materials.

"Bitumens" means black or brown materials including, but 

not limited to, asphalt, tar, pitch, and asphaltite that are 

soluble in carbon disulfide, consist mainly of hydrocarbons, 

and are obtained from natural deposits of asphalt or as 

residues from the distillation of crude petroleum or coal.

"Bituminous roof coating" means a coating that incorporates 

bitumens that is labeled and formulated exclusively for 

roofing.

"Bituminous roof primer" means a primer that consists of a 

coating or mastic formulated and recommended for roofing, 

pavement sealing, or waterproofing that incorporates 

bitumens.

"Bond breaker" means a coating labeled and formulated for 

application between layers of concrete to prevent a freshly 

poured top layer of concrete from bonding to the layer over 

which it is poured.

"Calcimine recoater" means a flat solvent borne coating 

formulated and recommended specifically for recoating 

calcimine-painted ceilings and other calcimine-painted 

substrates.

"Clear brushing lacquers" means clear wood finishes, 

excluding clear lacquer sanding sealers, formulated with 

nitrocellulose or synthetic resins to dry by solvent 

evaporation without chemical reaction and to provide a solid, 

protective film, which are intended exclusively for 

application by brush and that are labeled as specified in 

subdivision 5 of 9VAC5-45-560.

"Clear wood coatings" means clear and semitransparent 

coatings, including lacquers and varnishes, applied to wood 

substrates to provide a transparent or translucent solid film.

"Coating" means a material applied onto or impregnated into 

a substrate for protective, decorative, or functional purposes. 

Such materials include, but are not limited to, paints, 

varnishes, sealers, and stains.

"Colorant" means a concentrated pigment dispersion in 

water, solvent, or binder that is added to an architectural 

coating after packaging in sale units to produce the desired 

color.

"Concrete curing compound" means a coating labeled and 

formulated for application to freshly poured concrete to retard 

the evaporation of water.

"Concrete surface retarder" means a mixture of retarding 

ingredients such as extender pigments, primary pigments, 

resin, and solvent that interact chemically with the cement to 

prevent hardening on the surface where the retarder is 

applied, allowing the retarded mix of cement and sand at the 

surface to be washed away to create an exposed aggregate 

finish.

"Conversion varnish" means a clear acid curing coating with 

an alkyd or other resin blended with amino resins and 

supplied as a single component or two-component product. 

Conversion varnishes produce a hard, durable, clear finish 

designed for professional application to wood flooring. The 

film formation is the result of an acid-catalyzed condensation 

reaction, effecting a transetherification at the reactive ethers 

of the amino resins.

"Dry fog coating" means a coating labeled and formulated 

only for spray application such that overspray droplets dry 

before subsequent contact with incidental surfaces in the 

vicinity of the surface coating activity.

"Exempt compound" means a compound identified as 

exempt under the definition of Volatile Organic Compound 

(VOC) in 9VAC5-10-20. Exempt compounds content of a 

coating shall be determined by Reference Method 24 or South 

Coast Air Quality Management District (SCAQMD) Method 

for Determination of Exempt Compounds [ (see 9VAC5-20-

21) ] (see 9VAC5-20-21) ].
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1962

"Extreme durability coating" means an air-dried coating, 

including fluoropolymer-based coating, that is formulated and 

recommended for application to exterior metal surfaces and 

touch-up, repair, and overcoating of precoated metal surfaces, 

and that meets the weathering requirements of American 

Architectural Manufacturers Association Voluntary 

Specification - Performance Requirements and Test 

Procedures for High Performance Organic Coatings on 

Aluminum Extrusions and Panels (see 9VAC5-20-21).

"Faux finishing coating" means a coating labeled and 

formulated as a stain or a glaze to create artistic effects 

including, but not limited to, dirt, old age, smoke damage, 

and simulated marble and wood grain.

"Fire-resistive coating" means an opaque coating labeled 

and formulated to protect the structural integrity by increasing 

the fire endurance of interior or exterior steel and other 

structural materials, that has been fire tested and rated by a 

testing agency and approved by building code officials for 

use in bringing assemblies of structural materials into 

compliance with federal, state, and local building code 

requirements. The fire-resistive coating shall be tested in 

accordance with [ American Society for Testing and 

Materials (ASTM) ASTM ] Standard Test Method for Fire 

Tests of Building Construction Materials (see 9VAC5-20-21).

"Fire-retardant coating" means a coating labeled and 

formulated to retard ignition and flame spread, that has been 

fire tested and rated by a testing agency and approved by 

building code officials for use in bringing building and 

construction materials into compliance with federal, state, and 

local building code requirements. The fire-retardant coating 

shall be tested in accordance with ASTM Standard Test 

Method for Surface Burning Characteristics of Building 

Construction Materials (see 9VAC5-20-21).

"Flat coating" means a coating that is not defined under any 

other definition in this article and that registers gloss less than 

15 on an 85-degree meter or less than five on a 60-degree 

meter according to ASTM Standard Test Method for Specular 

Gloss (see 9VAC5-20-21).

"Floor coating" means an opaque coating that is labeled and 

formulated for application to flooring, including, but not 

limited to, decks, porches, steps, and other horizontal 

surfaces, that may be subjected to foot traffic.

"Flow coating" means a coating labeled and formulated 

exclusively for use by electric power companies or their 

subcontractors to maintain the protective coating systems 

present on utility transformer units.

"Form-release compound" means a coating labeled and 

formulated for application to a concrete form to prevent the 

freshly poured concrete from bonding to the form. The form 

may consist of wood, metal, or some material other than 

concrete.

"Graphic arts coating or sign paint" means a coating labeled 

and formulated for hand-application by artists using brush or 

roller techniques to indoor and outdoor signs (excluding 

structural components) and murals including letter enamels, 

poster colors, copy blockers, and bulletin enamels.

"High-temperature coating" means a high-performance 

coating labeled and formulated for application to substrates 

exposed continuously or intermittently to temperatures above 

204°C (400°F).

"Impacted immersion coating" means a high performance 

maintenance coating formulated and recommended for 

application to steel structures subject to immersion in 

turbulent, debris-laden water. These coatings are specifically 

resistant to high-energy impact damage caused by floating ice 

or debris.

"Industrial maintenance coating" means a high-performance 

architectural coating, including primers, sealers, undercoaters, 

intermediate coats, and topcoats, formulated for application to 

substrates exposed to one or more of the following extreme 

environmental conditions, and labeled as specified in 

subdivision 4 of 9VAC5-45-560:

1. Immersion in water, wastewater, or chemical solutions 

(aqueous and nonaqueous solutions), or chronic exposures 

of interior surfaces to moisture condensation;

2. Acute or chronic exposure to corrosive, caustic, or acidic 

agents, or to chemicals, chemical fumes, or chemical 

mixtures or solutions;

3. Repeated exposure to temperatures above 121°C 

(250°F);

4. Repeated (frequent) heavy abrasion, including 

mechanical wear and repeated (frequent) scrubbing with 

industrial solvents, cleansers, or scouring agents; or

5. Exterior exposure of metal structures and structural 

components.

"Lacquer" means a clear or opaque wood coating, including 

clear lacquer sanding sealers, formulated with cellulosic or 

synthetic resins to dry by evaporation without chemical 

reaction and to provide a solid, protective film.

"Low-solids coating" means a coating containing 0.12 

kilogram or less of solids per liter (1 pound or less of solids 

per gallon) of coating material.

"Magnesite cement coating" means a coating labeled and 

formulated for application to magnesite cement decking to 

protect the magnesite cement substrate from erosion by water.

"Mastic texture coating" means a coating labeled and 

formulated to cover holes and minor cracks and to conceal 

surface irregularities, and is applied in a single coat of at least 

10 mils (0.010 inch) dry film thickness.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1963

"Metallic pigmented coating" means a coating containing at 

least 48 grams of elemental metallic pigment, mica particles 

or any combination of metallic pigment or mica particles per 

liter of coating as applied (0.4 pounds per gallon), when 

tested in accordance with South Coast Air Quality Air 

Management District (SCAQMD) Method for Determination 

of Weight Percent Elemental Metal in Coatings by X-Ray 

Diffraction (see 9VAC5-20-21).

"Multicolor coating" means a coating that is packaged in a 

single container and that exhibits more than one color when 

applied in a single coat.

"Nonflat coating" means a coating that is not defined under 

any other definition in this article and that registers a gloss of 

15 or greater on an 85-degree meter and 5 or greater on a 60-

degree meter according to ASTM Standard Test Method for 

Specular Gloss (see 9VAC5-20-21).

"Nonflat high-gloss coating" means a nonflat coating that 

registers a gloss of 70 or above on a 60-degree meter 

according to ASTM Standard Test Method for Specular Gloss 

(see 9VAC5-20-21).

"Nonindustrial use" means any use of architectural coatings 

except in the construction or maintenance of any of the 

following: facilities used in the manufacturing of goods and 

commodities; transportation infrastructure, including 

highways, bridges, airports and railroads; facilities used in 

mining activities, including petroleum extraction; and utilities 

infrastructure, including power generation and distribution, 

and water treatment and distribution systems.

"Nuclear coating" means a protective coating formulated 

and recommended to seal porous surfaces such as steel (or 

concrete) that otherwise would be subject to intrusions by 

radioactive materials. These coatings must be resistant to 

long-term (service life) cumulative radiation exposure as 

determined by ASTM Standard Test Method for Effects of 

Gamma Radiation on Coatings for Use in Light-Water 

Nuclear Power Plants (see 9VAC5-20-21), relatively easy to 

decontaminate, and resistant to various chemicals to which 

the coatings are likely to be exposed as determined by ASTM 

Standard Test Method for Chemical Resistance of Coatings 

Used in Light-Water Nuclear Power Plants (see 9VAC5-20-

21).

"Post-consumer coating" means a finished coating that 

would have been disposed of in a landfill, having completed 

its usefulness to a consumer, and does not include 

manufacturing wastes.

"Pretreatment wash primer" means a primer that contains a 

minimum of [ 0.5 0.5% ] acid, by weight, when tested in 

accordance with ASTM Standard Test Method for Acidity in 

Volatile Solvents and Chemical Intermediates Used in Paint, 

Varnish, Lacquer and Related Products (see 9VAC5-20-21), 

that is labeled and formulated for application directly to bare 

metal surfaces to provide corrosion resistance and to promote 

adhesion of subsequent topcoats.

"Primer" means a coating labeled and formulated for 

application to a substrate to provide a firm bind between the 

substrate and subsequent coats.

"Quick-dry enamel" means a nonflat coating that is labeled 

as specified in subdivision 8 of 9VAC5-45-560 and that is 

formulated to have the following characteristics:

1. Is capable of being applied directly from the container

under normal conditions with ambient temperatures 

between 16 and 27°C (60 and 80°F);

2. When tested in accordance with ASTM Standard 

Methods for Drying, Curing, or Film Formation of Organic 

Coatings at Room Temperature (see 9VAC5-20-21), sets to 

touch in two hours or less, is tack free in four hours or less, 

and dries hard in eight hours or less by the mechanical test 

method; and

3. Has a dried film gloss of 70 or above on a 60-degree 

meter.

"Quick-dry primer sealer and undercoater" means a primer, 

sealer, or undercoater that is dry to the touch in 30 minutes 

and can be recoated in two hours when tested in accordance 

with ASTM Standard Methods for Drying, Curing, or Film 

Formation of Organic Coatings at Room Temperature (see 

9VAC5-20-21).

"Recycled coating" means an architectural coating 

formulated such that not less than 50% of the total weight 

consists of secondary and post-consumer coating, with not 

less than 10% of the total weight consisting of post-consumer 

coating.

"Residence" means areas where people reside or lodge, 

including, but not limited to, single and multiple family 

dwellings, condominiums, mobile homes, apartment 

complexes, motels, and hotels.

"Roof coating" means a nonbituminous coating labeled and 

formulated exclusively for application to roofs for the 

primary purpose of preventing penetration of the substrate by 

water or reflecting heat and ultraviolet radiation. Metallic 

pigmented roof coatings, which qualify as metallic pigmented 

coatings, shall not be considered in this category, but shall be 

considered to be in the metallic pigmented coatings category.

"Rust-preventive coating" means a coating formulated 

exclusively for nonindustrial use to prevent the corrosion of 

metal surfaces and labeled as specified in subdivision 6 of 

9VAC5-45-560.

"Sanding sealer" means a clear or semitransparent wood 

coating labeled and formulated for application to bare wood 

to seal the wood and to provide a coat that can be abraded to 

create a smooth surface for subsequent applications of 

coatings. A sanding sealer that also meets the definition of a 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1964

lacquer is not included in this category, but it is included in 

the lacquer category.

"Sealer" means a coating labeled and formulated for 

application to a substrate for one or more of the following 

purposes: to prevent subsequent coatings from being 

absorbed by the substrate, or to prevent harm to subsequent 

coatings by materials in the substrate.

"Secondary coating (rework)" means a fragment of a 

finished coating or a finished coating from a manufacturing 

process that has converted resources into a commodity of real 

economic value, but does not include excess virgin resources 

of the manufacturing process.

"Shellac" means a clear or opaque coating formulated solely 

with the resinous secretions of the lac beetle (Laciffer lacca), 

thinned with alcohol, and formulated to dry by evaporation 

without a chemical reaction.

"Shop application" means the application of a coating to a 

product or a component of a product in or on the premises of 

a factory or a shop as part of a manufacturing, production, or 

repairing process (e.g., original equipment manufacturing 

coatings).

"Solicit" means to require for use or to specify by written or 

oral contract.

"Specialty primer, sealer, and undercoater" means a coating 

labeled as specified in subdivision 7 of 9VAC5-45-560 and 

that is formulated for application to a substrate to seal fire, 

smoke or water damage; to condition excessively chalky 

surfaces; or to block stains. An excessively chalky surface is 

one that is defined as having a chalk rating of four or less as 

determined by ASTM Standard Test Methods for Evaluating 

the Degree of Chalking of Exterior Paint Films (see 9VAC5-

20-21).

"Stain" means a clear, semitransparent, or opaque coating 

labeled and formulated to change the color of a surface, but 

not conceal the grain pattern or texture.

"Swimming pool coating" means a coating labeled and 

formulated to coat the interior of swimming pools and to 

resist swimming pool chemicals.

"Swimming pool repair and maintenance coating" means a 

rubber-based coating labeled and formulated to be used over 

existing rubber-based coatings for the repair and maintenance 

of swimming pools.

"Temperature-indicator safety coating" means a coating 

labeled and formulated as a color-changing indicator coating 

for the purpose of monitoring the temperature and safety of 

the substrate, underlying piping, or underlying equipment, 

and for application to substrates exposed continuously or 

intermittently to temperatures above 204°C (400°F).

"Thermoplastic rubber coating and mastic" means a coating 

or mastic formulated and recommended for application to 

roofing or other structural surfaces and that incorporates no 

less than 40% by weight of thermoplastic rubbers in the total 

resin solids and may also contain other ingredients including, 

but not limited to, fillers, pigments, and modifying resins.

"Tint base" means an architectural coating to which colorant 

is added after packaging in sale units to produce a desired 

color.

"Traffic marking coating" means a coating labeled and 

formulated for marking and striping streets, highways, or 

other traffic surfaces including, but not limited to, curbs, 

berets, driveways, parking lots, sidewalks, and airport 

runways.

"Undercoater" means a coating labeled and formulated to 

provide a smooth surface for subsequent coatings.

"Varnish" means a clear or semitransparent wood coating, 

excluding lacquers and shellacs, formulated to dry by 

chemical reaction on exposure to air. Varnishes may contain 

small amounts of pigment to color a surface or control the 

fetal sheen or gloss of the finish.

"VOC content" means the weight of VOC per volume of 

coating, calculated according to the procedures specified in 

9VAC5-45-590 B.

"Waterproofing concrete/masonry sealer" means a clear or 

pigmented film-forming coating that is labeled and 

formulated for sealing concrete and masonry to provide 

resistance against water, alkalis, acids, ultraviolet light, and 

staining.

"Waterproofing sealer" means a coating labeled and 

formulated for application to a porous substrate for the 

primary purpose of preventing the penetration of water.

"Wood preservative" means a coating labeled and 

formulated to protect exposed wood from decay or insect 

attack that is registered with both the U.S. EPA under the 

Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 

136, et seq.) and with the Pesticide Control Board under the 

provisions of Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of 

the Code of Virginia.

9VAC5-45-550. Standard for volatile organic compounds.

A. Except as provided in this section, no owner or other 

person shall (i) manufacture, blend, or repackage for sale, (ii) 

supply, sell, or offer for sale, or (iii) solicit for application or 

apply any architectural coating with a VOC content in excess 

of the corresponding limit specified in Table 45-5A.

B. If anywhere on the container of any architectural coating, 

or any label or sticker affixed to the container, or in any sales, 

advertising, or technical literature supplied by a manufacturer 

or any person acting on behalf of a manufacturer, any 

representation is made that indicates that the coating meets 

the definition of or is recommended for use for more than one 

of the coating categories listed in Table 45-5A, then the most 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1965

restrictive VOC content limit shall apply. This provision does 

not apply to the following coating categories:

Lacquer coatings (including lacquer sanding sealers);

Metallic pigmented coatings;

Shellacs;

Fire-retardant coatings;

Pretreatment wash primers;

Industrial maintenance coatings;

Low-solids coatings;

Wood preservatives;

High-temperature coatings;

Temperature-indicator safety coatings;

Antenna coatings;

Antifouling coatings;

Flow coatings;

Bituminous roof primers;

Calcimine recoaters;

Impacted immersion coatings;

Nuclear coatings;

Thermoplastic rubber coating and mastic; and

Specialty primers, sealers, and undercoaters.

Table 45-5A 

VOC Content Limits for Architectural Coatings 

Limits are expressed in grams of VOC per liter1 of coating 

thinned to the manufacturer's maximum recommendation, 

excluding the volume of any water, exempt compounds, or 

colorant added to tint bases. "Manufacturers maximum 

recommendation" means the maximum recommendation for 

thinning that is indicated on the label or lid of the coating 

container.

Coating Category

VOC 

Content 

Limit

Flat Coatings 100

Nonflat Coatings 150

Nonflat High Gloss Coatings 250

Specialty Coatings:

Antenna Coatings 530

Antifouling Coatings 400

Bituminous Roof Coatings 300

Bituminous Roof Primers 350

Bond Breakers 350

Calcimine Recoater 475

Clear Wood Coatings:

Clear Brushing Lacquers 680

Lacquers (including lacquer 

sanding sealers)

550

Sanding Sealers (other than 

lacquer sanding sealers)

350

Conversion Varnishes 725

Varnishes (other than 

conversion varnishes)

350

Concrete Curing Compounds 350

Concrete Surface Retarder 780

Dry Fog Coatings 400

Extreme durability coating 400

Faux Finishing Coatings 350

Fire-Resistive Coatings 350

Fire-Retardant Coatings:

Clear 650

Opaque 350

Floor Coatings 250

Flow Coatings 420

Form-Release Compounds 250

Graphic Arts Coatings (Sign Paints) 500

High-Temperature Coatings 420

Impacted Immersion Coating 780

Industrial Maintenance Coatings 340

Low-Solids Coatings 120

Magnesite Cement Coatings 450

Mastic Texture Coatings 300

Metallic Pigmented Coatings 500

Multi-Color Coatings 250

Nuclear Coatings 450
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1966

Pretreatment Wash Primers 420

Primers, Sealers, and Undercoaters 200

Quick-Dry Enamels 250

Quick-Dry Primers, Sealers and 

Undercoaters

200

Recycled Coatings 250

Roof Coatings 250

Rust Preventative Coatings 400

Shellacs:

Clear 730

Opaque 550

Specialty Primers, Sealers, and 

Undercoaters

350

Stains 250

Swimming Pool Coatings 340

Swimming Pool Repair and 

Maintenance Coatings

340

Temperature-Indicator Safety 

Coatings

550

Thermoplastic Rubber Coating and 

Mastic

550

Traffic Marking Coatings 150

Waterproofing Sealers 250

Waterproofing Concrete/Masonry 

Sealers

400

Wood Preservatives 350

1

 Conversion factor: one pound of VOC per gallon (U.S.) = 119.95 grams 

per liter.

C. A coating manufactured prior to the applicable 

compliance date specified in 9VAC5-45-580, may be sold, 

supplied, or offered for sale for two years following the 

applicable compliance date. In addition, a coating 

manufactured before the applicable compliance date specified 

in 9VAC5-45-580, may be applied at any time, both before 

and after the applicable compliance date, so long as the 

coating complied with the standards in effect at the time the 

coating was manufactured. This subsection does not apply to 

any coating that does not display the date or date code 

required by subdivision 1 of 9VAC5-45-560.

D. All architectural coating containers used to apply the 

contents therein to a surface directly from the container by 

pouring, siphoning, brushing, rolling, padding, ragging, or 

other means, shall be closed when not in use. These 

architectural coatings containers include, but are not limited 

to, drums, buckets, cans, pails, trays, or other application 

containers. Containers of any VOC-containing materials used 

for thinning and cleanup shall also be closed when not in use.

E. No owner or other person who applies or solicits the 

application of any architectural coating shall apply a coating 

that contains any thinning material that would cause the 

coating to exceed the applicable VOC limit specified in Table 

45-5A.

F. No owner or other person shall apply or solicit the 

application of any rust preventive coating for industrial use 

unless such a rust preventive coating complies with the 

industrial maintenance coating VOC limit specified in Table 

45-5A.

G. For any coating that does not meet any of the definitions 

for the specialty coatings categories listed in Table 45-5A, the 

VOC content limit shall be determined by classifying the 

coating as a flat coating or a nonflat coating, based on its 

gloss, as defined in 9VAC5-45-540 C, and the corresponding 

flat or nonflat coating limit shall apply.

H. Notwithstanding the provisions of subsection A of this 

section, up to 10% by volume of VOC may be added to a 

lacquer to avoid blushing of the finish during days with 

relative humidity greater than 70% and temperature below 

65°F, at the time of application, provided that the coating 

contains acetone and no more than 550 grams of VOC per 

liter of coating, less water and exempt compounds, prior to 

the addition of VOC.

9VAC5-45-560. Administrative requirements.

Each manufacturer of any architectural coatings subject to 

this article shall display the information listed in subdivisions 

1 through 8 of this section on the coating container (or label) 

in which the coating is sold or distributed.

1. The date the coating was manufactured, or a date code 

representing the date, shall be indicated on the label, lid, or 

bottom of the container. If the manufacturer uses a date 

code for any coating, the manufacturer shall file an 

explanation of each code with the board.

2. A statement of the manufacturer's recommendation 

regarding thinning of the coating shall be indicated on the 

label or lid of the container. This requirement does not 

apply to the thinning of architectural coatings with water. 

If thinning of the coating prior to use is not necessary, the 

recommendation shall specify that the coating is to be 

applied without thinning.

3. Each container of any coating subject to this article shall 

display either the maximum or the actual VOC content of 

the coating, as supplied, including the maximum thinning 

as recommended by the manufacturer. VOC content shall 

be displayed in grams of VOC per liter of coating. VOC 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1967

content displayed shall be calculated using product 

formulation data, or shall be determined using the test 

methods in 9VAC5-45-590 C. The equations in 9VAC5-

45-590 B shall be used to calculate VOC content.

4. In addition to the information specified in subdivisions 

1, 2, and 3 of this section, each manufacturer of any 

industrial maintenance coating subject to this article shall 

display on the label or the lid of the container in which the 

coating is sold or distributed one or more of the 

descriptions listed in this subdivision.

a. "For industrial use only."

b. "For professional use only."

c. "Not for residential use" or "Not intended for 

residential use."

5. The labels of all clear brushing lacquers shall 

prominently display the statements "For brush application 

only," and "This product shall not be thinned or sprayed."

6. The labels of all rust preventive coatings shall 

prominently display the statement "For Metal Substrates 

Only."

7. The labels of all specialty primers, sealers, and 

undercoaters shall prominently display one or more of the 

descriptions listed in this subdivision.

a. For blocking stains.

b. For fire-damaged substrates.

c. For smoke-damaged substrates.

d. For water-damaged substrates.

e. For excessively chalky substrates.

8. The labels of all quick dry enamels shall prominently 

display the words "Quick Dry" and the dry hard time.

9. The labels of all nonflat high-gloss coatings shall 

prominently display the words "High Gloss."

9VAC5-45-570. Compliance.

The provisions of subsections B, D, F, and G of 9VAC5-45-

20 (Compliance) apply. The other provisions of 9VAC5-45-

20 do not apply.

9VAC5-45-580. Compliance schedules.

Affected persons shall comply with the provisions of this 

article as expeditiously as possible but in no case later than:

1. January 1, 2005, in the Northern Virginia VOC 

Emissions Control Area; or

2. January 1, 2008, in the Fredericksburg VOC Emissions 

Control Area.

9VAC5-45-590. Test methods and procedures.

A. The provisions of subsection G of 9VAC5-45-30 

(Emission testing) apply. The other provisions of 9VAC5-45-

30 do not apply.

B. For the purpose of determining compliance with the VOC 

content limits in Table 45-5A, the VOC content of a coating 

shall be determined by using the procedures described in 

subdivision 1 or 2 of this subsection, as appropriate. The 

VOC content of a tint base shall be determined without 

colorant that is added after the tint base is manufactured.

1. With the exception of low solids coatings, determine the 

VOC content in grams of VOC per liter of coating thinned 

to the manufacturer's maximum recommendation, 

excluding the volume of any water and exempt 

compounds. Determine the VOC content using the 

following equation:

where:

VOC content = grams of VOC per liter of coating

Ws = weight of volatiles, in grams

Ww = weight of water, in grams

Wec = weight of exempt compounds, in grams

Vm = volume of coating, in liters

Vw = volume of water, in liters

Vec = volume of exempt compounds, in liters

2. For low solids coatings, determine the VOC content in 

units of grams of VOC per liter of coating thinned to the 

manufacturer's maximum recommendation, including the 

volume of any water and exempt compounds. Determine 

the VOC content using the following equation:

where:

VOC Content (ls) = the VOC content of a low solids 

coating in grams per liter of coating

Ws = weight of volatiles, in grams

Ww = weight of water, in grams

Wec = weight of exempt compounds, in grams

Vm = volume of coating, in liters

C. To determine the physical properties of a coating in order 

to perform the calculations in subsection B, the reference 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1968

method for VOC content is Reference Method 24 (see 

9VAC5-20-21). The exempt compounds content shall be 

determined by SCAQMD Method for Determination of 

Exempt Compounds (see 9VAC5-20-21). To determine the 

VOC content of a coating, the manufacturer may use 

Reference Method 24, formulation data, or any other 

reasonable means for predicting that the coating has been 

formulated as intended (e.g., quality assurance checks, 

recordkeeping). However, if there are any inconsistencies 

between the results of a Reference Method 24 test and any 

other means for determining VOC content, the Reference 

Method 24 results will govern. The board may require the 

manufacturer to conduct a Reference Method 24 analysis.

D. Exempt compounds that are cyclic, branched, or linear, 

completely methylated siloxanes shall be analyzed as exempt 

compounds by Bay Area Quality Management District 

(BAAQMD) Method for Determination of Volatile 

Methylsiloxanes in Solvent-Based Coatings, Inks, and 

Related Materials (see 9VAC5-20-21).

E. The exempt compound parachlorobenzotrifluoride shall 

be analyzed as an exempt compound by BAAQMD Method 

for Determination of Volatile Organic Compounds in 

Solvent-Based Coatings and Related Materials Containing 

Parachlorobenzotrifluoride (see 9VAC5-20-21).

F. The content of compounds exempt under Reference 

Method 24 shall be determined by SCAQMD Method for 

Determination of Exempt Compounds, Laboratory Methods 

of Analysis for Enforcement Samples (see 9VAC5-20-21).

G. The VOC content of a coating shall be determined by 

Reference Method 24 (see 9VAC5-20-21).

H. The VOC content of coatings may be determined by 

either Reference Method 24 or SCAQMD Method for 

Determination of Exempt Compounds, Laboratory Methods 

of Analysis for Enforcement Samples (see 9VAC5-20-21).

I. Other test methods may be used for purposes of 

determining compliance with this article consistent with the 

approval requirements of 9VAC5-45-20 A 2.

J. Analysis of methacrylate multicomponents used as traffic 

marking coatings shall be conducted according to a 

modification of Reference Method 24 (40 CFR 59, Subpart 

D, Appendix A; see 9VAC5-20-21). This method has not 

been approved for methacrylate multicomponent coatings 

used for other purposes than as traffic marking coatings or for 

other classes of multicomponent coatings.

9VAC5-45-600. Monitoring.

The provisions of 9VAC5-45-40 (Monitoring) do not apply.

9VAC5-45-610. Notification, records and reporting.

A. The provisions of subsections E, F, and H of 9VAC5-45-

50 (Notification, records and reporting) apply. The other 

provisions of 9VAC5-45-50 do not apply.

B. For each architectural coating that contains 

perchloroethylene or methylene chloride, the manufacturer 

shall keep records of the following information for products 

sold during the preceding year:

1. The product brand name and a copy of the product label 

with the legible usage instructions;

2. The product category listed in Table 45-5A to which the 

coating belongs;

3. The total sales during the calendar year to the nearest 

gallon;

4. The volume percentage to the nearest 0.10% of 

perchloroethylene and methylene chloride in the coating.

C. Upon 90 days written notice, the board may require a 

responsible party to report the information specified in 

subsection B of this section.

D. Records required by subsection B of this section shall be 

maintained by the responsible party for [ five three ] calendar 

years from the date such records were created.

Article 6 

Emission Standards for Adhesives and Sealants 

9VAC5-45-620. Applicability.

A. Except as provided in 9VAC5-45-630, the provisions of 

this article apply to any owner or other person who supplies, 

sells, offers for sale, or manufactures for sale any adhesive, 

sealant, adhesive primer or sealant primer that contains 

volatile organic compounds (VOC).

B. Except as provided in 9VAC5-45-630, the provisions of 

this article apply to any owner or other person who uses, 

applies for compensation, solicits the use of, requires the use 

of, or specifies the application of, any adhesive, sealant, 

adhesive primer or sealant primer that contains volatile 

organic compounds.

C. The provisions of this article apply only to owners or 

other persons in the Northern Virginia and Fredericksburg 

Volatile Organic Compound Emissions Control Areas 

designated in 9VAC5-20-206.

9VAC5-45-630. Exemptions.

A. The provisions of this article do not apply to a 

manufacturer or distributor who sells, supplies, or offers for 

sale an adhesive, sealant, adhesive primer or sealant primer 

that does not comply with the VOC standards specified in 

9VAC5-45-650 A provided that such manufacturer or 

distributor makes and keeps records demonstrating (i) that the 

adhesive, sealant, adhesive primer or sealant primer is 

intended for shipment and use outside of the volatile organic 

compound emissions control areas designated in 9VAC5-45-

620 C, and (ii) that the manufacturer or distributor has taken 

reasonable prudent precautions to assure that the adhesive, 

sealant, adhesive primer or sealant primer is not distributed to 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1969

or within those applicable volatile organic compound 

emissions control areas. This exemption does not apply to any 

adhesive, sealant, adhesive primer or sealant primer that is 

sold, supplied, or offered for sale by any owner or other 

person to a retail outlet in those applicable volatile organic 

compound emissions control areas.

B. The provisions of this article do not apply to the sale or 

use of the following compounds:

1. Adhesives, sealants, adhesive primers or sealant primers 

being tested or evaluated in any research and development, 

quality assurance or analytical laboratory, provided records 

are maintained as required in 9VAC5-45-730 of this 

article;

2. Adhesives, sealants, adhesive primers and sealant 

primers that are subject to standards for volatile organic 

compounds pursuant to Article 3 (9VAC5-45-280 et seq.), 

Article 4 (9VAC5-45-400 et seq.) or Article 5 ( 9VAC5-

45-520 et seq.) of this part;

3. Adhesives and sealants that contain less than 20 grams 

of VOC per liter of adhesive or sealant, less water and less 

exempt compounds, as applied;

4. Cyanoacrylate adhesives;

5. Adhesives, sealants, adhesive primers or sealant primers 

(except for plastic cement welding adhesives and contact 

adhesives) that are sold or supplied by the manufacturer or 

supplier in containers with a net volume of 16 fluid ounces 

or less, or a net weight of one pound or less; and

6. Contact adhesives that are sold or supplied by the 

manufacturer or supplier in containers with a net volume of 

one gallon or less.

C. The provisions of this article do not apply to the use of 

adhesives, sealants, adhesive primers, sealant primers, surface 

preparation and cleanup solvents as follows:

1. Tire repair operations, provided the label of the adhesive 

states "For tire repair only";

2. Assembly, repair and manufacturing operations for 

aerospace or undersea-based weapon systems;

3. Medical equipment manufacturing operations; and

4. Plaque laminating operations in which adhesives are 

used to bond clear, polyester acetate laminate to wood with 

lamination equipment installed prior to July 1, 1992. Any 

owner or other person claiming exemption pursuant to this 

subdivision shall record and maintain monthly operational 

records sufficient to demonstrate compliance with this 

exemption in accordance with 9VAC5-45-730 of this 

article.

D. Except for the requirements listed in subdivisions 1 and 2 

of this subsection, the provisions of this article do not apply if 

the total VOC emissions from all adhesives, sealants, 

adhesive primers and sealant primers used at the stationary 

source are less than 200 pounds per calendar year, or an 

equivalent volume.

1. The following requirements still apply:

a. 9VAC5-45-620 (Applicability);

b. 9VAC5-45-620 A (concerning prohibition from 

selling, supplying, offering for sale, or manufacturing for 

sale, noncompliant adhesives, sealants, adhesive primers 

or sealant primers);

c. 9VAC5-45-690 (Compliance); and

d. 9VAC5-45-700 (Compliance schedule).

2. Any owner or other person claiming exemption pursuant 

to this subsection shall record and maintain monthly 

operational records sufficient to demonstrate compliance 

and in accordance with 9VAC5-45-730 of this article.

E. The provisions of 9VAC5-45-650 B and 9VAC5-45-650 

D do not apply to the use of any adhesives, sealants, adhesive 

primers, sealant primers, cleanup solvents and surface 

preparation solvents, provided that the total volume of 

noncompliant adhesives, sealants, primers, cleanup and 

surface preparation solvents applied facility-wide does not 

exceed 55 gallons per calendar year. Any owner or other 

person claiming exemption pursuant to this subsection shall 

record and maintain monthly operational records sufficient to 

demonstrate compliance with this exemption in accordance 

with 9VAC5-45-730.

F. The provisions of 9VAC5-45-650 A do not apply to the 

sale of any adhesive, sealant, adhesive primer or sealant 

primer to an owner or other person using add-on air pollution 

control equipment pursuant to the provisions of 9VAC5-45-

660 to comply with the requirements of this article, provided 

that the seller makes and keeps records in accordance with 

9VAC5-45-730 E.

9VAC5-45-640. Definitions.

A. For the purpose of applying this article in the context of 

the Regulations for the Control and Abatement of Air 

Pollution and related uses, the words or terms shall have the

[ meaning meanings ] given them in subsection C of this 

section.

B. As used in this article, all terms not defined herein shall 

have the [ meaning meanings ] given them in 9VAC5-10

[ (General Definitions) ], unless otherwise required by 

context.

C. Terms Defined.

"Acrylonitrile-butadiene-styrene or ABS welding adhesive" 

means any adhesive intended by the manufacturer to weld 

acrylonitrile-butadiene-styrene pipe, which is made by 

reacting monomers of acrylonitrile, butadiene and styrene.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1970

"Adhesive" means any chemical substance that is applied for 

the purpose of bonding two surfaces together other than by 

mechanical means.

"Adhesive primer" means any product intended by the 

manufacturer for application to a substrate, prior to the 

application of an adhesive, to provide a bonding surface.

"Aerosol adhesive" means an adhesive packaged as an 

aerosol product in which the spray mechanism is permanently 

housed in a nonrefillable can designed for handheld 

application without the need for ancillary hoses or spray 

equipment.

"Aerospace component" means for the purposes of this 

article, the fabricated part, assembly of parts or completed 

unit of any aircraft, helicopter, missile, or space vehicle, 

including passenger safety equipment.

"Architectural sealant or primer" means any sealant or 

sealant primer intended by the manufacturer to be applied to 

stationary structures, including mobile homes, and their 

appurtenances. Appurtenances to an architectural structure 

include, but are not limited to, hand railings, cabinets, 

bathroom and kitchen fixtures, fences, rain gutters and 

downspouts, and windows.

"ASTM" means the American Society for Testing and 

Materials.

"Automotive glass adhesive primer" means an adhesive 

primer labeled by the manufacturer to be applied to 

automotive glass prior to installation of the glass using an 

adhesive/sealant. This primer improves the adhesion to pinch 

weld and blocks ultraviolet light.

"CARB" means the California Air Resources Board.

"Ceramic tile installation adhesive" means any adhesive 

intended by the manufacturer for use in the installation of 

ceramic tiles.

"Chlorinated polyvinyl chloride plastic" or "CPVC plastic" 

means a polymer of the vinyl chloride monomer that contains 

67% chlorine and is normally identified with a CPVC 

marking.

"Chlorinated polyvinyl chloride welding adhesive" or 

"CPVC welding adhesive" means an adhesive labeled for 

welding of chlorinated polyvinyl chloride plastic.

"Cleanup solvent" means a VOC-containing material used to

remove a loosely held uncured (i.e., not dry to the touch) 

adhesive or sealant from a substrate, or clean equipment used 

in applying a material.

"Computer diskette jacket manufacturing adhesive" means 

any adhesive intended by the manufacturer to glue the foldover flaps to the body of a vinyl computer diskette jacket.

"Contact bond adhesive" means an adhesive that: (i) is 

designed for application to both surfaces to be bonded 

together, (ii) is allowed to dry before the two surfaces are 

placed in contact with each other, (iii) forms an immediate 

bond that is impossible, or difficult, to reposition after both 

adhesive-coated surfaces are placed in contact with each 

other, and (iv) does not need sustained pressure or clamping 

of surfaces after the adhesive-coated surfaces have been 

brought together using sufficient momentary pressure to 

establish full contact between both surfaces. Contact bond 

adhesive does not include rubber cements that are primarily 

intended for use on paper substrates. Contact bond adhesive 

also does not include vulcanizing fluids that are designed and 

labeled for tire repair only.

"Cove base" means a flooring trim unit, generally made of 

vinyl or rubber, having a concave radius on one edge and a 

convex radius on the opposite edge that is used in forming a 

junction between the bottom wall course and the floor or to 

form an inside corner.

"Cove base installation adhesive" means any adhesive 

intended by the manufacturer to be used for the installation of 

cove base or wall base on a wall or vertical surface at floor 

level.

"Cyanoacrylate adhesive" means any adhesive with a 

cyanoacrylate content of at least 95% by weight.

"Dry wall installation" means the installation of gypsum dry 

wall to studs or solid surfaces using an adhesive formulated 

for that purpose.

"Fiberglass" means a material consisting of extremely fine 

glass fibers.

"Flexible vinyl" means nonrigid polyvinyl chloride plastic 

with at least 5.0% by weight plasticizer content.

"Indoor floor covering installation adhesive" means any 

adhesive intended by the manufacturer for use in the 

installation of wood flooring, carpet, resilient tile, vinyl tile, 

vinyl backed carpet, resilient sheet and roll, or artificial grass. 

Adhesives used to install ceramic tile and perimeter bonded 

sheet flooring with vinyl backing onto a nonporous substrate, 

such as flexible vinyl, are excluded from this category.

"Laminate" means a product made by bonding together two 

or more layers of material.

"Low-solids adhesive, sealant or primer" means any product 

that contains 120 grams or less of solids per liter of material.

"Marine deck sealant" or "marine deck sealant primer" 

means any sealant or sealant primer labeled for application to 

wooden marine decks.

"Medical equipment manufacturing" means the manufacture 

of medical devices, such as, but not limited to, catheters, heart 

valves, blood cardioplegia machines, tracheostomy tubes, 

blood oxygenators, and cardiatory reservoirs.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1971

"Metal to urethane/rubber molding or casting adhesive" 

means any adhesive intended by the manufacturer to bond 

metal to high density or elastomeric urethane or molded 

rubber materials, in heater molding or casting processes, to 

fabricate products such as rollers for computer printers or 

other paper handling equipment.

"Multipurpose construction adhesive" means any adhesive 

intended by the manufacturer for use in the installation or 

repair of various construction materials, including but not 

limited to, drywall, subfloor, panel, fiberglass reinforced 

plastic (FRP), ceiling tile, and acoustical tile.

"Nonmembrane roof installation/repair adhesive" means any 

adhesive intended by the manufacturer for use in the 

installation or repair of nonmembrane roofs and that is not 

intended for the installation of prefabricated single-ply 

flexible roofing membrane, including, but not limited to, 

plastic or asphalt roof cement, asphalt roof coating, and cold 

application cement.

"Outdoor floor covering installation adhesive" means any 

adhesive intended by the manufacturer for use in the 

installation of floor covering that is not in an enclosure and 

that is exposed to ambient weather conditions during normal 

use.

[ "Ozone season" means the period beginning May 1 of a 

calendar year and ending on September 30 of the same year, 

inclusive.]

"Panel installation" means the installation of plywood, 

predecorated hardboard (or tileboard), fiberglass reinforced 

plastic, and similar predecorated or nondecorated panels to 

studs or solid surfaces using an adhesive formulated for that 

purpose.

"Perimeter bonded sheet flooring installation" means the 

installation of sheet flooring with vinyl backing onto a 

nonporous substrate using an adhesive designed to be applied 

only to a strip of up to four inches wide around the perimeter 

of the sheet flooring.

"Plastic cement welding adhesive" means any adhesive 

intended by the manufacturer for use to dissolve the surface 

of plastic to form a bond between mating surfaces.

"Plastic cement welding adhesive primer" means any primer 

intended by the manufacturer for use to prepare plastic 

substrates prior to bonding or welding.

"Plastic foam" means foam constructed of plastics.

"Plasticizer" means a material, such as a high boiling point 

organic solvent, that is incorporated into a vinyl to increase 

its flexibility, workability, or distensibility.

"Plastics" means synthetic materials chemically formed by 

the polymerization of organic (carbon-based) substances. 

Plastics are usually compounded with modifiers, extenders, 

and/or reinforcers and are capable of being molded, extruded, 

cast into various shapes and films or drawn into filaments.

"Polyvinyl chloride plastic" or "PVC plastic" means a 

polymer of the chlorinated vinyl monomer that contains 57% 

chlorine.

"Polyvinyl chloride welding adhesive" or "PVC welding 

adhesive" means any adhesive intended by the manufacturer 

for use in the welding of PVC plastic pipe.

"Porous material" means a substance that has tiny openings, 

often microscopic, in which fluids may be absorbed or 

discharged, including, but not limited to, wood, paper, and 

corrugated paperboard.

"Propellant" means a fluid under pressure that expels the 

contents of a container when a valve is opened.

"Reactive diluent" means a liquid that is a reactive organic 

compound during application and one in that, through 

chemical and/or physical reactions, such as polymerization, 

20% or more of the reactive organic compound becomes an 

integral part of a finished material.

"Roadway sealant" means any sealant intended by the 

manufacturer for application to public streets, highways and 

other surfaces including, but not limited to, curbs, berms, 

driveways, and parking lots.

"Rubber" means any natural or manmade rubber substrate, 

including but not limited to, styrene-butadiene rubber, 

polychloroprene (neoprene), butyl rubber, nitrile rubber, 

chlorosulfonated polyethylene and ethylene propylene diene 

terpolymer.

"SCAQMD" means the South Coast Air Quality 

Management District, a part of the California Air Resources 

Board, which is responsible for the regulation of air quality in 

the state of California.

"Sealant" means any material with adhesive properties that 

is formulated primarily to fill, seal, waterproof or 

weatherproof gaps or joints between two surfaces. Sealants 

include sealant primers and caulks.

"Sealant primer" means any product intended by the 

manufacturer for application to a substrate, prior to the 

application of a sealant, to enhance the bonding surface.

"Sheet-applied rubber installation" means the process of 

applying sheet rubber liners by hand to metal or plastic 

substrates to protect the underlying substrate from corrosion 

or abrasion. These operations also include laminating sheet 

rubber to fabric by hand.

"Single-ply roof membrane" means a prefabricated single 

sheet of rubber, normally [ ethylene-propylenediene ethylene 

propylene diene ] terpolymer, that is field applied to a 

building roof using one layer of membrane material.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1972

"Single-ply roof membrane installation and repair adhesive" 

means any adhesive labeled for use in the installation or 

repair of single-ply roof membrane. Installation includes, as a 

minimum, attaching the edge of the membrane to the edge of 

the roof and applying flashings to vents, pipes and ducts that 

protrude through the membrane. Repair includes gluing the 

edges of torn membrane together, attaching a patch over a 

hole and reapplying flashings to vents, pipes or ducts installed 

through the membrane.

"Single-ply roof membrane adhesive primer" means any 

primer labeled for use to clean and promote adhesion of the 

single-ply roof membrane seams or splices prior to bonding.

"Single-ply roof membrane sealant" means any sealant 

labeled for application to single-ply roof membrane.

"Solvent" means organic compounds that are used as 

diluents, thinners, dissolvers, viscosity reducers, cleaning 

agents or other related uses.

"Structural glazing adhesive" means any adhesive intended 

by the manufacturer to apply glass, ceramic, metal, stone or 

composite panels to exterior building frames.

"Subfloor installation" means the installation of subflooring 

material over floor joists, including the construction of any 

load bearing joists. Subflooring is covered by a finish surface 

material.

"Surface preparation solvent" means a solvent used to 

remove dirt, oil and other contaminants from a substrate prior 

to the application of a primer, adhesive or sealant.

"Thin metal laminating adhesive" means any adhesive 

intended by the manufacturer for use in bonding multiple 

layers of metal to metal or metal to plastic in the production 

of electronic or magnetic components in which the thickness 

of the bond [ line(s) line ] is less than 0.25 mils.

"Tire repair" means a process that includes expanding a 

hole, tear, fissure or blemish in a tire casing by grinding or 

gouging, applying adhesive, and filling the hole or crevice 

with rubber.

"Tire tread adhesive" means any adhesive intended by the 

manufacturer for application to the back of precure tread 

rubber and to the casing and cushion rubber. Tire tread 

adhesive may also be used to seal buffed tire casings to 

prevent oxidation while the tire is being prepared for a new 

tread.

"Traffic marking tape" means preformed reflective film 

intended by the manufacturer for application to public streets, 

highways and other surfaces, including but not limited to 

curbs, berms, driveways, and parking lots.

"Traffic marking tape adhesive primer" means any primer 

intended by the manufacturer for application to surfaces prior 

to installation of traffic marking tape.

"Undersea-based weapons systems components" means the 

fabrication of parts, assembly of parts or completed units of 

any portion of a missile launching system used on undersea 

ships.

"Volatile organic compound" or "VOC" means volatile 

organic compound as defined in 9VAC5-10-20.

"Waterproof resorcinol glue" means a two-part resorcinolresin-based adhesive designed for applications where the 

bond line must be resistant to conditions of continuous 

immersion in fresh or salt water.

9VAC5-45-650. Standard for volatile organic compounds.

A. Except as provided in 9VAC5-45-630 [ and subsection H 

of this section ], no owner or other person shall (i) sell, supply 

or offer for sale any adhesive, sealant, adhesive primer or 

sealant primer manufactured on or after the applicable 

compliance date specified in 9VAC5-45-700, or (ii) 

manufacture for sale any adhesive, sealant, adhesive primer,

or sealant primer on or after the date specified in 9VAC5-45-

700, which contains volatile organic compounds in excess of 

the limits specified in Table 45-6A.

Table 45-6A

VOC Content Limits for Adhesives, Sealants, Adhesive 

Primers, Sealant Primers and Adhesives Applied to 

Particular Substrates

Adhesive, sealant, adhesive primer

or sealant primer category

VOC content 

limit

(grams VOC 

per liter*)

Adhesives

ABS welding 400

Ceramic tile installation 130

Computer diskette jacket 

manufacturing

850

Contact bond 250

Cove base installation 150

CPVC welding 490

Indoor floor covering installation 150

Metal to urethane/rubber molding 

or casting

850

Multipurpose construction 200

Nonmembrane roof 

installation/repair

300

Other plastic cement welding 510

Outdoor floor covering installation 250
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1973

PVC welding 510

Single-ply roof membrane 

installation/repair

250

Structural glazing 100

Thin metal laminating 780

Tire retread 100

Perimeter bonded sheet vinyl 

flooring installation

660

Waterproof resorcinol glue 170

Sheet-applied rubber installation 850

Sealants

Architectural 250

Marine deck 760

Nonmembrane roof 

installation/repair

300

Roadway 250

Single-ply roof membrane 450

Other 420

Adhesive Primers

Automotive glass 700

Plastic cement welding 650

Single-ply roof membrane 250

Traffic marking tape 150

Other 250

Sealant Primers

Non-porous architectural 250

Porous architectural 775

Marine deck 760

Other 750

Adhesives Applied to the Listed 

Substrate

Flexible vinyl 250

Fiberglass 200

Metal 30

Porous material 120

Rubber 250

Other substrates 250

*The VOC content is determined using the weight of volatile compounds, 

less water and exempt compounds, as specified in 9VAC5-45-710 of this 

article.

B. Except as provided in 9VAC5-45-630 B through E [ , in 

subsection G of this section, ] and in 9VAC5-45-660, no 

person shall use, or apply for compensation, any adhesive, 

sealant, adhesive primer or sealant primer in excess of the 

applicable VOC content limits specified in Table 45-6A.

C. The VOC content limits in Table 45-6A for adhesives 

applied to particular substrates shall apply as follows.

1. If an owner or other person uses an adhesive or sealant 

subject to a specific VOC content limit for such adhesive 

or sealant in Table 45-6A, such specific limit is applicable 

rather than an adhesive-to-substrate limit.

2. If an adhesive is used to bond dissimilar substrates 

together, the applicable substrate category with the highest 

VOC content shall be the limit for such use.

D. No owner or other person shall use a surface preparation 

or cleanup solvent containing VOC unless:

1. The VOC content of the surface preparation solvent is 

less than 70 grams per liter, except as provided for singleply roofing in subdivision 2 of this subsection;

2. The composite vapor pressure, excluding water and 

exempt compounds, of the surface preparation solvent used 

for applying single-ply roofing does not exceed 45 mm Hg 

at 20°C;

3. The composite vapor pressure of the solvent used for the 

removal of adhesives, sealants, or adhesive or sealant 

primers from surfaces other than spray application 

equipment is less than 45 mm Hg at 20°C, except as 

provided in subdivision 4 of this subsection; and

4. For the removal of adhesives, sealants, adhesive primers 

or sealant primers from parts of spray application 

equipment, the removal is performed as follows:

a. In an enclosed cleaning system, or equivalent cleaning 

system as determined by the test method identified in 

9VAC5-45-710 I;

b. Using a solvent with a VOC content less than or equal 

to 70 grams of VOC per liter of material; or

c. Parts containing dried adhesive may be soaked in a 

solvent if (i) the composite vapor pressure of the solvent, 

excluding water and exempt compounds, is less than or 

equal to 9.5 mm Hg at 20°C, and (ii) the parts and 

solvent are in a closed container that remains closed 

except when adding parts to or removing parts from the 

container.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1974

E. Any owner or other person using adhesives, sealants, 

adhesive primers, sealant primers, surface preparation or 

clean-up solvents subject to the provisions of this article shall 

store or dispose of all absorbent materials, such as cloth or 

paper, that are moistened with adhesives, sealants, primers or 

solvents subject to the provisions of this article, in 

nonabsorbent containers that shall be closed except when 

placing materials in or removing materials from the container.

F. No owner or other person shall solicit the use, require the 

use or specify the application of any adhesive, sealant, 

adhesive primer, sealant primer, surface preparation or cleanup solvent if such use or application results in a violation of 

the provisions of this article. This prohibition shall apply to 

all written or oral contracts under which any adhesive, 

sealant, adhesive primer, sealant primer, surface preparation 

or clean-up solvent subject to this article is to be used at any 

location within the areas designated in 9VAC5-45-620 C.

[ G. The standards for single-ply roof membrane installation 

and repair adhesive, single-ply roof membrane sealant, and 

single-ply roof membrane adhesive primer in Table 45-6A 

shall only apply as follows:

1. During the ozone seasons, or portions thereof, between 

August 1, 2010, and September 30, 2011, inclusive; and

2. On and after January 1, 2012.

H. The provisions of subsection A of this section and the 

provisions of 9VAC5-45-730 E do not apply to the sale, 

supply, offer for sale, or manufacture for sale of single-ply 

roof membrane installation and repair adhesive, single-ply 

roof membrane sealant, and single-ply roof membrane 

adhesive primer prior to January 1, 2012. ] 

9VAC5-45-660. Control technology guidelines.

Any owner or other person using an adhesive, sealant, 

adhesive primer or sealant primer subject to this article may 

comply with the provisions of 9VAC5-45-650 B and D using 

add-on air pollution control equipment if such equipment 

meets the following requirements:

1. The VOC emissions from the use of all adhesives, 

sealants, adhesive primers, or sealant primers subject to 

this article are reduced by an overall capture and control 

efficiency of at least 85% by weight;

2. The combustion temperature is monitored continuously 

if a thermal incinerator is operated;

3. Inlet and exhaust gas temperatures are monitored 

continuously if a catalytic incinerator is operated;

4. Control device efficiency is monitored continuously if a 

carbon absorber or control device other than a thermal or 

catalytic incinerator is operated; and

5. Operation records sufficient to demonstrate compliance 

with the requirements of this section are maintained as 

required in 9VAC5-45-730 of this article.

9VAC5-45-670. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of 

9VAC5-40 (Emission Standards for Visible Emissions and 

Fugitive Dust/Emissions, Rule 4-1) apply.

9VAC5-45-680. Administrative requirements.

Each manufacturer of an adhesive, sealant, adhesive primer, 

or sealant primer subject to the provisions of this article shall 

display the following information on the product container or 

label:

1. A statement of the manufacturer's recommendation 

regarding thinning, reducing, or mixing of the product, 

except that:

a. This requirement does not apply to the thinning of a 

product with water; and

b. If thinning of the product prior to use is not necessary, 

the recommendation must specify that the product is to 

be applied without thinning.

2. The maximum or the actual VOC content of the product 

as supplied, determined in accordance with 9VAC5-45-

710, displayed in grams of VOC per liter of product.

3. The maximum or the actual VOC content of the product 

as applied (which includes the manufacturer's maximum 

recommendation for thinning), determined in accordance 

with 9VAC5-45-710, displayed in grams of VOC per liter 

of product.

9VAC5-45-690. Compliance.

The provisions of 9VAC5-45-20 (Compliance) apply.

9VAC5-45-700. Compliance [ schedules schedule ].

Affected owners or other persons shall comply with the 

provisions of this article as expeditiously as possible but in no 

case later than [ January 1, 2009 August 1, 2010 ].

9VAC5-45-710. Test methods and procedures.

A. The provisions of 9VAC5-45-30 (Emission testing) 

apply.

B. Except as provided in subsections D, E and F of this 

section, the VOC and solids content of all nonaerosol 

adhesives, adhesive primers and cleanup solvents shall be 

determined using either Reference Method 24 or SCAQMD 

"Determination of Volatile Organic Compounds (VOC) In 

Various Materials" (see 9VAC5-20-21).

C. The organic content of exempt organic compounds shall 

be determined using ASTM "Standard Test Method for 

Determination of Dichloromethane and 1,1,1-Trichloroethane 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1975

in Paints and Coatings by Direct Injection into a Gas 

Chromatograph" (see 9VAC5-20-21), as applicable.

D. The VOC content of any plastic welding cement adhesive 

or primer shall be determined using SCAQMD 

"Determination of Volatile Organic Compounds (VOC) in 

Materials Used for Pipes and Fittings" (see 9VAC5-20-21).

E. To determine if a diluent is a reactive diluent, the 

percentage of the reactive organic compound that becomes an 

integral part of the finished materials shall be determined 

using SCAQMD "Determination of Volatile Organic 

Compounds (VOC) in Materials Used for Pipes and Fittings" 

(see 9VAC5-20-21).

F. The composite vapor pressure of organic compounds in 

cleaning materials shall be determined by quantifying the 

amount of each compound in the blend using [ gas 

chromatographic analysis ( ] ASTM "Standard Practice for 

Packed Column Gas Chromatography" [ ) ] for organics and 

ASTM "Standard Test Method for Water Content of Coatings 

by Direct Injection Into a Gas Chromatograph" for water 

content (see 9VAC5-20-21), as applicable, and the following 

equation:

where:

Ppc = VOC composite partial pressure at 20oC, in mm Hg.

Wi = Weight of the "i"th VOC compound, in grams, as 

determined by ASTM "Standard Practice for Packed 

Column Gas Chromatography" (see 9VAC5-20-21).

Ww = Weight of water, in grams as determined by ASTM 

"Standard Test Method for Water Content of Coatings by 

Direct Injection Into a Gas Chromatograph" (see 9VAC5-

20-21).

We = Weight of the "i"th exempt compound, in grams, as 

determined by ASTM "Standard Practice for Packed 

Column Gas Chromatography" (see 9VAC5-20-21).

Mwi = Molecular weight of the "i"th VOC compound, in 

grams per g-mole, as given in chemical reference literature.

Mww = Molecular weight of water, 18 grams per g-mole.

Mwe = Molecular weight of the "i"th exempt compound, in 

grams per g-mole, as given in chemical reference literature.

Vpi = Vapor pressure of the "i"th VOC compound at 20oC, 

in mm Hg, as determined by subsection G of this section.

G. The vapor pressure of each single component compound 

may be determined from ASTM "Standard Test Method for 

Vapor Pressure-Temperature Relationship and Initial 

Decomposition Temperature of Liquids by Isoteniscope [ ,"" 

(see 9VAC5-20-21), ] from chemical reference literature or 

from additional sources acceptable to the board.

H. If air pollution control equipment is used to meet the 

requirements of 9VAC5-45-650, the owner or operator shall 

make the following determinations:

1. The measurement of capture efficiency shall be 

conducted and reported in accordance with the EPA 

Technical Document "Guidelines for Determining Capture 

Efficiency" (see 9VAC5-20-21).

2. The control efficiency shall be determined in accordance 

with Reference Methods 25, 25A, 25B or CARB Method 

100 (see 9VAC5-20-21), as appropriate.

I. The active and passive solvent losses from spray gun 

cleaning systems shall be determined using SCAQMD's 

"General Test Method for Determining Solvent Losses from 

Spray Gun Cleaning Systems" (see 9VAC5-20-21). The test 

solvent for this determination shall be any lacquer thinner 

with a minimum vapor pressure of 105 mm of Hg at 20oC, 

and the minimum test temperature shall be 15oC.

J. For adhesives that do not contain reactive diluents, the 

VOC content of adhesive in grams per liter, less water and 

exempt compounds, shall be calculated according to the 

following equation:

where:

VOC = VOC content of adhesive, in grams per liter [ . ] 

Ws = weight of volatile compounds, in grams.

Ww = weight of water, in grams.

We = weight of exempt compounds, in grams.

Vm = volume of material, in liters.

Vw = volume of water, in liters.

Ve = volume of exempt compounds, in liters.

K. For adhesives that contain reactive diluents, the VOC 

content of the adhesive is determined after curing. The VOC 

content of adhesive in grams per liter, less water and exempt 

compounds, shall be calculated according to the following 

equation:

where:

VOC = VOC content of adhesive, in grams per liter [ . ] 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1976

Wrs = weight of volatile compounds not consumed during 

curing, in grams.

Wrw = weight of water not consumed during curing, in 

grams.

Wre = weight of exempt compounds not consumed during 

curing, in grams.

Vrm = volume of material not consumed during curing, in 

liters.

Vrw = volume of water not consumed during curing, in 

liters.

Vre = volume of exempt compounds not consumed during 

curing, in liters.

L. The VOC content of materials, in grams per liter, shall be 

calculated according to the following equation:

where:

VOC = VOC content of materials, in grams per liter [ . ] 

Ws = weight of volatile compounds, in grams.

Ww = weight of water, in grams.

We = weight of exempt compounds, in grams.

Vm = volume of material, in liters.

M. Percent VOC by weight shall be calculated according to 

the following equation:

where:

Wv = weight of VOC in grams.

W = weight of material in grams.

9VAC5-45-720. Monitoring.

The provisions of 9VAC5-45-40 (Monitoring) apply.

9VAC5-45-730. Notification, records and reporting.

A. The provisions of 9VAC5-45-50 (Notification, records 

and reporting) apply.

B. Each owner or other person subject to this article shall 

maintain records demonstrating compliance with this article, 

including, but not limited to, the following information:

1. A list of each adhesive, sealant, adhesive primer, sealant 

primer cleanup solvent and surface preparation solvent in 

use or in storage;

2. A data sheet or material list that provides the material 

name, manufacturer identification, and material application 

for each product on the list;

3. Catalysts, reducers or other components used in each 

product on the list and the mix ratio;

4. The VOC content of each product on the list, as 

supplied;

5. The final VOC content or vapor pressure of each 

product on the list, as applied; and

6. The monthly volume of each adhesive, sealant, adhesive 

primer, sealant primer, cleanup or surface preparation 

solvent used.

C. Any owner or other person who complies with the 

provisions of 9VAC5-45-650 B through the use of add-on air 

pollution control equipment shall record the key operating 

parameters for the control equipment, including, but not 

limited to, the following information:

1. The volume used per day of each adhesive, sealant, 

adhesive primer, sealant primer, or solvent that is subject 

to a VOC content limit in Table 45-6A and that exceeds 

such limit;

2. On a daily basis, the combustion temperature, inlet and 

exhaust gas temperatures or control device efficiency, as 

appropriate, pursuant to 9VAC5-45-660;

3. Daily hours of operation; and

4. All maintenance performed including the date and type 

of maintenance.

D. For adhesives, sealants, adhesive primers and sealant 

primers subject to the laboratory testing exemption pursuant 

to 9VAC5-45-630 B 1 of this article, the person conducting 

the testing shall make and maintain records of all such 

materials used, including, but not limited to (i) the product 

name, (ii) the product category of the material or type of 

application, and (iii) the VOC content of each material.

E. Any owner or other person that is subject to the 

provisions of this article and who sells an adhesive, sealant, 

adhesive primer or sealant primer that is subject to the 

provisions of this article but does not comply with the VOC 

content limits in Table 45-6A, shall make and keep records as 

follows:

1. The name of, and contact information for, each owner or 

other person to whom such noncompliant product is sold, 

and

2. The amount of each such noncompliant product that is 

sold to that owner or other person per calendar year.

F. Any owner of other person claiming an exemption for 

plaque laminating equipment pursuant to 9VAC5-45-630 C 4 

shall keep records sufficient to demonstrate that the 
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1977

exemption applies. Such records shall include, but are not 

limited to, (i) the installation date of the plaque laminating 

equipment, (ii) monthly records of the types of laminate and 

substrate used and the VOC content of each adhesive used by 

the equipment during the month, and (iii) certification by a 

responsible official of the company that there is no compliant 

adhesive available for this purpose.

G. All records made to determine compliance with the 

provisions of this article shall be maintained for [ five three ] 

years from the date such record is created and shall be made 

available to the board within 90 days of a request.

9VAC5-45-740. Registration.

The provisions of 9VAC5-20-160 (Registration) apply, 

except that the following provisions also apply:

1. Any owner or other person subject to the provisions of 

this article who complies with the provisions of 9VAC5-

45-650 B through the use of add-on air pollution control 

equipment shall register such operations with the board and 

update such registration information.

2. The information required for registration shall be 

determined by the board and shall be provided in the 

manner specified by the board. Registration information 

shall include, but is not limited to, (i) contact information 

for the owner or other person (name, mailing address and 

phone number) and (ii) the type of add-on control 

equipment used to comply with the provisions of 9VAC5-

45-650 B. All registration information and updates to such 

registration information submitted to the board are subject 

to the provisions of 9VAC5-20-230 (Certification of 

documents).

9VAC5-45-750. Facility and control equipment 

maintenance or malfunction.

The provisions of 9VAC5-20-180 (Facility and control 

equipment maintenance or malfunction) apply.

Article 7 

Emission Standards For Asphalt Paving Operations 

9VAC5-45-760. Applicability.

A. The provisions of this article apply to any owner or other 

person who manufactures, mixes, stores, uses, or applies any 

liquefied asphalt for paving operations.

B. The provisions of this article apply only to owners and 

other persons in volatile organic compound emissions control 

areas designated in 9VAC5-20-206.

9VAC5-45-770. Definitions.

A. For the purpose of applying this article in the context of 

Regulations for the Control and Abatement of Air Pollution 

and related uses, the words or terms shall have the [ meaning

meanings ] given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall 

have the [ meaning meanings ] given them in 9VAC5-10 

(General Definitions), unless otherwise required by context.

C. Terms defined.

"Asphalt" means a dark-brown to black cementitious 

material (solid, semisolid, or liquid in consistency) in which 

the predominating constituents are bitumens [ which that ] 

occur in nature as such or that are obtained as residue in 

refining petroleum.

"Cutback asphalt" means asphalt cement that has been 

liquefied by blending with petroleum solvents (diluents). 

Upon exposure to atmospheric conditions the diluents 

evaporate, leaving the asphalt cement to perform its function.

"Emulsified asphalt" means an emulsion of asphalt cement 

and water that contains a small amount of an emulsifying 

agent; a heterogeneous system containing two normally 

immiscible phases (asphalt and water) in which the water 

forms the continuous phase of the emulsion, and minute 

globules of asphalt form the discontinuous phase.

"Paving operation" means the process of covering an area 

with stone, concrete, asphalt or other material in order to 

construct or maintain a firm, level surface for travel, access

[ , ] or parking. Paving operations do not include the use of 

coatings to seal residential driveways.

"Penetrating prime coat" means an application of lowviscosity liquid asphalt to an absorbent surface. It is used to 

prepare an untreated base for an asphalt surface. The prime 

penetrates the base and fills the surface voids, hardens the 

top, and helps bind it to the overlying asphalt course. It also 

reduces the necessity of maintaining an untreated base course 

prior to placing the asphalt pavement.

9VAC5-45-780. Standard for volatile organic compounds.

A. No owner or other person shall cause or permit the 

manufacture, mixing, storage, use, or application of liquefied 

asphalt for paving operations unless such asphalt is of the 

emulsified asphalt type.

B. Regardless of the provisions of subsection A of this 

section, the manufacture, mixing, storage, use, or application 

of cutback asphalt is permitted under any of the following 

circumstances:

1. When stockpile storage greater than one month is 

necessary;

2. When use or application during the months of November 

through March is necessary;

3. When use or application as a penetrating prime coat or 

tack coat is necessary; or

4. When the user can demonstrate that there are no volatile 

organic compound emissions from the asphalt under 

conditions of normal use.
Regulations

Volume 26, Issue 12 Virginia Register of Regulations February 15, 2010

1978

C. The provisions of subsection A of this section do not 

preclude the manufacture, mixing, storage, use, or application 

of heated asphalt cement as a component in asphaltic concrete 

mixing or for priming in surface treatment.

D. Notwithstanding the provisions of subsection A of this 

section, the manufacture, mixing, storage, use, or application 

of emulsified asphalt containing volatile organic compounds 

is permitted provided the annual average of volatile organic 

compound content for all emulsified asphalts used does not 

exceed 6.0% of volatile organic compounds by volume.

9VAC5-45-790. Standard for visible emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of Part II 

of 9VAC5-40 (Existing Stationary Sources) apply.

9VAC5-45-800. Standard for fugitive dust/emissions.

The provisions of Article 1 (9VAC5-40-60 et seq.) of Part II 

of 9VAC5-40 (Existing Stationary Sources) apply.

9VAC5-45-810. Standard for odor.

The provisions of Article 2 (9VAC5-40-130 et seq.) of Part 

II of 9VAC5-40 (Existing Stationary Sources) apply.

9VAC5-45-820. Compliance.

The provisions of 9VAC5-45-20 (Compliance) apply.

9VAC5-45-830. Test methods and procedures.

The provisions of 9VAC5-45-30 (Emission [ Testing

testing ] ) apply.

9VAC5-45-840. Monitoring.

The provisions of 9VAC5-45-40 (Monitoring) do not apply.

9VAC5-45-850. Notification, records and reporting.

The provisions of 9VAC5-45-50 (Notification, [ Records 

and Reporting records and reporting ] ) apply.

VA.R. Doc. No. R07-264; Filed January 25, 2010, 4:52 p.m. 

STATE WATER CONTROL BOARD

Notice of Effective Date

Title of Regulation: 9VAC25-260. Water Quality 

Standards (amending 9VAC25-260-10, 9VAC25-260-20, 

9VAC25-260-30, 9VAC25-260-50, 9VAC25-260-90, 

9VAC25-260-140, 9VAC25-260-160, 9VAC25-260-170, 

9VAC25-260-185, 9VAC25-260-187, 9VAC25-260-310, 

9VAC25-260-350, 9VAC25-260-360, 9VAC25-260-380, 

9VAC25-260-390, 9VAC25-260-400, 9VAC25-260-410, 

9VAC25-260-415, 9VAC25-260-420, 9VAC25-260-430, 

9VAC25-260-440, 9VAC25-260-450, 9VAC25-260-460, 

9VAC25-260-470, 9VAC25-260-480, 9VAC25-260-490, 

9VAC25-260-500, 9VAC25-260-510, 9VAC25-260-520, 

9VAC25-260-530, 9VAC25-260-540; repealing 9VAC25-

260-55, 9VAC25-260-290, 9VAC25-260-320).

Statutory Authority: § 62.1-44.15 of the Code of Virginia; 33 

USC § 1251 et seq. of the federal Clean Water Act; 40 CFR 

Part 131.

Effective Date: February 1, 2010. 

On October 17, 2008, the State Water Control Board adopted 

revisions to the Water Quality Standards in 9VAC25-260-10, 

9VAC25-260-20, 9VAC25-260-30, 9VAC25-260-50, 

9VAC25-260-90, 9VAC25-260-140, 9VAC25-260-160, 

9VAC25-260-170, 9VAC25-260-185, 9VAC25-260-187, 

9VAC25-260-310, 9VAC25-260-350, 9VAC25-260-360, 

9VAC25-260-380, 9VAC25-260-390, 9VAC25-260-400, 

9VAC25-260-410, 9VAC25-260-415, 9VAC25-260-420, 

9VAC25-260-430, 9VAC25-260-440, 9VAC25-260-450, 

9VAC25-260-460, 9VAC25-260-470, 9VAC25-260-480, 

9VAC25-260-490, 9VAC25-260-500, 9VAC25-260-510, 

9VAC25-260-520, 9VAC25-260-530, and 9VAC25-260-540; 

and repealed 9VAC25-260-55, 9VAC25-260-290, and 

9VAC25-260-320. These revisions relate to water quality 

criteria, use designations, antidegradation, and other policies 

related to water quality. The amendments were published in 

final form on February 16, 2009, Volume 25, Issue 12 of the

Virginia Register to be effective upon filing notice of U.S. 

EPA approval with the Registrar of Regulations. The State 

Water Control Board has received a letter from Shawn M. 

Garvin, EPA Region III Regional Administrator, dated 

December 29, 2009, approving all of the amendments except 

for:

1. 9VAC25-260-310 ee, which established a special pH 

standard for Lake Curtis in Stafford County (also removes 

the ee designation in the river basin section at 9VAC25-

260-390).

2. 9VAC25-260-310 ff, which established a special 

standard for dissolved manganese in John H. Kerr 

Reservoir at the Clarksville water supply intake 9 (also 

removes the ff designation in the river basin section at 

9VAC25-260-450).

3. 9VAC25-260-310 hh, which established a special 

standard for maximum temperature for certain stockable 

trout waters, as it applies to three stream segments in the 

Roanoke River Basin at 9VAC25-260-450.

The effective date of the approved amendments is February 1, 

2010. Copies are available online at 

http://www.deq.state.va.us/wqs; by calling toll free at 1-800-

592-5482, ext. 4121, or local at 804-698-4121; by written 

request to David Whitehurst, P.O. Box 1105, Richmond, VA 

23218; or by email request to 

david.whitehurst@deq.virginia.gov.