Molly Joseph Ward

Sec r etary of Natura l Resources 

# COMMONWEALTH of VIRGINIA

DEPARTMENT OF ENVIRONMENTAL QUALITY

Street address: 629 East Main Street, Richmond, Virginia 23219

Mailing address: P

. O

. Box II 05

, R i chmond

, Virginia 23218

TDD (804) 698

- 4021

www .deq

. virgin i a

. gov



## A

PR

· 1 

## 0 

## 20 14

Ms. Diana Esher, Director

Air Protection Division (3APOO)

U.S. Environmental Protection Agency, Region III

1650 Arch Street Philadelphia, Pennsylvania 19103-2029 David K. Pay l or

D ir ector

(804) 698

- 4020

1

- 800

- 592

- 5482

Reference: Consumer and

Commercial Products (Revision J07)

Dear Ms. Esher:

Pursuant to the requirements of § 11 0 of the Clean Air Act, we are officially requesting approval of a revision to the Commonwealth of Virginia State Implementation Plan (SIP) approved and submitted under the authority of§ 10.1-1185 of the Code ofVirginia and in

accordance with the requirements of 40 CFR Part 51 (Requirements for Preparation, Adoption,

and Submittal ofimplementation Plans)

.

This revision consists of amendments to 9V AC5 Chapter 45, Consumer and Commercial
Products, in order to apply provisions pertaining to portable fuel containers, consumer and

commercial products, architectural and industrial maintenance coatings, and adhesives, adhesive primers, sealants and sealant primers to the Richmond VOC Emissions Control Area. Additionally, Article 48 of9VAC5 Chapter 40 (Existing Stationary Sources), was amended to apply provisions pertaining to mobile equipment repair and refinishing operations in the

Richmond VOC Emissions Control Area. Compliance dates were also revised, and a temporary exemption for the manufacture and distribution of single-ply roof membrane adhesives and

sealants was retained. The regulation amendments were adopted by the State Air Pollution

Control Board on September 10, 2010 under the authority of§ 10.1-1308 of the Code of Virginia.Enclosed are the following:

1. A true copy of the official regulation (Revision J07) which was published in the Virginia Register of Regulations on August 26, 2013 after being duly adopted by the State Air

Pollution Control Board on September 10, 2010, certified by the Office ofthe Attorney General

as within the Board's statutory authority on September 1 7, 2010 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 August 7,

2013.

2. Certification of public participation activities and compliance with both state

administrative procedures and the public hearing requirements of 40 CFR 51.102.

3. Record ofhearing and summary of comment.

4. An electronic copy (CD) of the complete submittal. This electronic copy is an exact duplicate of the hard copy.

For purposes of this submittal, certain provisions are being included for information

purposes only and are not to be construed as part of the Commonwealth ofVirginia SIP; these provisions are specifically identified in Enclosure 2 of this submittaL

If you have any questions or need additional information, please let us know.

David K. Paylor

DKP\kgs

TEMPLATES\SIP-REG\REGOO
SIP\NONA TIN PLANS\20 13\J07-SIP.DOC

EnclosuresENCLOSURE 1

COMMONWEALTH OF VIRGINIA
STATE AIR POLLUTION CONTROL BOARD
REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION

PROVISIONS AFFECTED
REVISION J07
CONCERNING

CONSUMER AND COMMERCIAL PRODUCTS (9VAC5 CHAPTER 45)

Adoption Date: September 10, 2010

Effective Date: October 1, 2013

The following table lists the specific provisions of the attached regulations that will be used to implement the State Implementation Plan (SIP). Highlighted provisions are included for information purp oses only and are not to be construed as part of the Commonwealth's SIP, nor are any provisions directly related to the highlighted provisions to be considered as part of the SIP. A copy of the actual regulation submitted for approval and incorporation by reference into the Virginia SIP is included in Enclosure 2; details concerning the specific provisions that are not to be included in the Virginia SIP are noted in this copy.

CHAPTER 40 EXISTING STATIONARY SOURCES

PART II Emission Standards

ARTICLE 48 MOBILE EQUIPMENT REPAIR AND REFINISHING
OPERATIONS (Rule 4

- 48)

9VAC5

- 40

- 6970 Applicability and designation of affected facility (modified)
9VAC5

- 40

- 6975 Exemptions (added)
9VAC5

- 40

- 7050 Compliance schedule s (modified)

CHAPTER 45 CO NSUMER AND COMMERCIAL PRODUCTS

PART II Emission Standards

ARTICLE 1 EMISSION STANDARDS FOR PORTABLE FUEL CONTAINERS
AND SPOUTS MANUFACTURED BEFORE AUGUST 1, 2010

9VAC5

- 45

- 60 Applicability
9VAC5

- 45

- 70 Exemptions (modified)
9VAC5

- 45

- 90 Standard for volatile organic compounds (modified)

ARTICLE 2 EMISSION STANDARDS FOR PORTABLE FUEL CONTAINERSAND SPOUTS MANUFACTURED ON OR AFTER AUGUST 1,

2010

9VAC5

- 45

- 160 Applicability (modified)
9VAC5

- 45

- 170 Exemptions (modified)
9VAC5

- 45

- 190 Standard for volatil e organic compounds
9VAC5

- 45

- 200 Certification procedures
9VAC5

- 45

- 240 Compliance schedules (modified)

ARTICLE 3 EMISSION STANDARDS FOR CONSUMER PRODUCTS
MANUFACTURED BEFORE AUGUST 1, 2010

9VAC5

- 45

- 280 Applicability
9VAC5

- 45

- 300 Definitions
9VAC5

- 45

- 310 Standard for volatile organic compounds (modified)
Subsection B
9VAC5

- 45

- 320 Alternative control plan (ACP) for consumer products
9VAC5

- 40

- 390 Notification, records and reporting

ARTICLE 4 EMISSION STANDARDS FOR CONSUMER PRODUCTS
MANUFACTURED ON OR A FTER AUGUST 1, 2010

9VAC5

- 45

- 400 Applicability (modified)
9VAC5

- 45

- 420 Definitions (modified)
9VAC5

- 45

- 430 Standard for volatile organic compounds (modified)
Subsection B
9VAC5

- 45

- 440 Alternative control plan (ACP) for consumer products
9VAC5

- 45

- 450 In novative products
9VAC5

- 45

- 460 Administrative requirements
9VAC5

- 45

- 480 Compliance schedules (modified)
9VAC5

- 45

- 510 Notification, records and reporting.

ARTICLE 5 EMISSION STANDARDS FOR ARCHITECTURAL AND
INDUSTRIAL MAINTENANCE COATINGS

9VAC5

- 45

- 520 Applicability (modified)
9VAC5

- 45

- 530 Exemptions (modified)
9VAC5

- 45

- 540 Definitions
9VAC5

- 45

- 580 Compliance schedules (modified)
9VAC5

- 45

- 610 Notification, records and reporting

ARTICLE 6 EMISSION STANDARDS FOR ADHESIVES AND SEALANTS

9VAC5

- 45

- 620 Appli cability (modified)
9VAC5

- 45

- 630 Exemptions (modified)
9VAC5

- 45

- 640 Definitions9VAC5

- 45

- 650 Standard for volatile organic compounds (modified)
9VAC5

- 45

- 700 Compliance schedules (modified)
9VAC5

- 45

- 710 Test methods and procedures
9VAC5

- 45

- 730 Notification, records and reporting

TEMPLATES \ SIP

- REG \ REG01

SIP \ NONATTN PLANS \ 2013 \ J07

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

9VAC5 CHAPTER 40.
EXISTING STATIONARY SOURCES.

PART II.
Emission Standards.

A rticle 48. Emission Standards for Mobile Equipment Repair and Refinishing Operations (Rule 4

- 48).

9VAC 5

- 40

- 6970. Applicability and designation of affected facility.

A. Excep t as provided in subsection C of this section 9VAC5

- 40

- 6975 , the affected facility to which the provisions of this article apply is each mobile equipment repair and refinishing operation. Certain provisions also apply to each person providing or selling
aff ected coatings.

B. The provisions of this article apply only to sources and persons in the Northern Virginia

, and Fredericksburg and Richmond Volatile Organic Compound Emissions Control Areas designated in 9VAC5

- 20

- 206.

C. The provisions of this articl e do not apply under any of the following

circumstances:

1. The mobile equipment repair and refinishing operation is subject to Article 28 (9VAC5

- 40

- 3860 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Automobile and Light Duty Truck Coating Applica tion Systems).

2. The mobile equipment repair and refinishing operation is subject to Article 34 (9VAC5

- 40

- 4760 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems).

3. The person app lying the coatings does not receive compensation for the application of the coatings.

4. The mobile equipment repair and refinishing operation uses coatings required to meet military specifications (MILSPEC) where no other existing coating can be used t hat meets the provisions of this article.

9VAC5

- 40

- 6975. Exemptions.

The provisions of this article do not apply under any of the following

circumstances:COMMONWEALTH OF VIRGINIA PAGE 2 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

1. The mobile equipment repair and refinishing operation is subject to Article 28 ( 9VAC5

- 40

- 3860 et seq.) of 9VAC5

- 40 (Emission Standards for Automobile and Light Duty Truck Coating Application Systems).

2. The mobile equipment repair and refinishing operation is subject to Article 34 (9VAC5

- 40

- 4760 et seq.) of 9VAC5

- 40 (Emission Standards for

Misce llaneous Metal Parts and Products Coating Application Systems).

3. The person applying the coatings does not receive compensation for the application of the coatings.

4. The mobile equipment repair and refinishing operation uses coatings required to meet military specifications (MILSPEC) where no other existing coating can be used that meets the provisions of this article.

9VAC5

- 40

- 7050. Compliance schedule schedules

.

Affected persons and facilities 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

. ;

or

3. [ May 1, 2010

, (insert a date corres ponding to the first day of the fifth month after the month of the effective date) ] in the Richmond VOC Emissions Control

Area.

9VAC5 CHAPTER 45.
CONSUMER AND COMMERCIAL PRODUCTS.

PART II
Emission Standards

Article 1
Emission Standards for Portable Fu el Containers and Spouts Manufactured before [ May 1, 2010 ] 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 [ May 1, 2010 ] August 1, 2010

.COMMONWEALTH OF VIRGINIA PAGE 3 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

The provisions of Article 2 (9VAC5

- 45

- 160 et seq.) of this part apply to portable fuel containers and spouts manufactured on or after [ May 1, 2010 ] 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 Vol atile 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: (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

co ntrol 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 requir ements of subpart F of 29 CFR Part 1926 S ubpart 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 dev ices 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

- p roof 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 delive r fuel through a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine.COMMONWEALTH OF VIRGINIA PAGE 4 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

G. The provisions of this article do not apply to closed

- system 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/commer cial distributors that sell, or otherwise provide, products to businesses/governmental entities/individuals.

9VAC5

- 45

- 90. Standard for volatile organic compounds.

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

sale an y 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 fu el
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 g rams 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 t he 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 seal s 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 determ ining compliance with the standards in this
section are set forth in 9VAC5

- 45

- 130. The manufacturer of portable fuel containers orCOMMONWEALTH OF VIRGINIA PAGE 5 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

spouts shall perform the tests for determining compliance as set forth in 9VAC5

- 45

- 130 to show that its product meets the sta ndards 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 re quest.

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

re gulations, 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 [ May 1, 2010 ] August 1, 2010 :

1. Not withstanding 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 complianc e 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 subsections A and B of this section, a portable fuel container or s pout manufactured after the applicable compliance date specified in 9VAC5

- 45

- 120 A and before [ May 1, 2010 ] August 1, 2010

, may be sold, supplied, or offered for sale [ after May 1, 2010 on or after ] August 1, 2010 , if it complies with all of the provi sions of Article 2 (9VAC5

- 45

- 160 et seq.) of this part.

3. Except as provided in 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 exem pt the owner or product from the provisions
of this article.

Article 2 Emission Standards for Portable Fuel Containers and Spouts Manufactured [ On or

After May 1, 2010 on or after ] 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 [ May 1, 2010 ] August 1,

2010 . The provisions of Article 1 (9VAC5

- 45

- 60 et seq.) of this part apply to portable fuel containers and spou ts manufactured before [ May 1, 2010 ] August 1, 2010

.

B. Except as provided in 9VAC5

- 45

- 170, the provisions of this article apply toCOMMONWEALTH OF VIRGINIA PAGE 6 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

any owner or other person who sells, supplies, offers for sale, advertises for sale, or manufactures for sale portable f uel containers or spouts.

C. The provisions of this article apply only to owners and other persons in the Northern Virginia

, and Fredericksburg , and Richmond Volatile Organic Compound Emissions Control Areas designated in 9VAC5

- 20

- 206.

9VAC5

- 45

- 170. Exe mptions.

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 pr ovisions 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

dis tributor 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 fue l 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 de vices 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 wi th 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 fo r the purpose of operating the outboard engine.

G. The provisions of this article do not apply to closed

- system portable fuel containers that are used exclusively for fueling remote control model airplanes.COMMONWEALTH OF VIRGINIA PAGE 7 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

H. For purposes of this article, the terms "s upply" 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 en tities/individuals.

9VAC5

- 45

- 190. Standard for volatile organic compounds.

A. The following provisions apply to portable fuel containers and spouts
manufactured on or after [ May 1, 2010 ] August 1, 2010 :

1. No owner or other person shall sell, suppl y, offer for sale, or advertise for sale any portable fuel container or spout manufactured on or after [ May 1, 2010 ] 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 [ May 1 , 2010 ] 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 procedu res specified in 9VAC5

- 45

- 200.

B. The following standards apply to each portable fuel container or spout
manufactured on or after [ May 1, 2010 ] August 1, 2010 , that is subject to the provisions of this article:

1. Portable fuel containers shall be c olor 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 markin gs 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.COMMONWEALTH OF VIRGINIA PAGE 8 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

(2) Yellow c ontainers 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 s pill

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 simi lar 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 wi th 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 th e 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 a nd 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; andCOMMONWEALTH OF VIRGINIA PAGE 9 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 th e 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 spill

- proof spout, and fueling application, as supplied to the buye r in the packaging for each spill

- proof system or spill

- proof 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

sp ecial 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 . 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 op ening 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 d uring 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 productCOMMONWEALTH OF VIRGINIA PAGE 10 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 [ May 1,

2010 ] August 1, 2010 , as a spill

- proof system or spill

- proof spout.

B. To be considered by the board for cert ification, 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 inf ormation:

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 iden tified 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 spill

- proof 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 requi red for each component.

e. Test data from each of the test procedures specified in 9VAC5

-COMMONWEALTH OF VIRGINIA PAGE 11 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

45

- 250 B 1 and 2 demonstrating that the spill

- proof 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 sha ll 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 spill

- proof 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 spill

- proof 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 descript ion 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 spill

- proof 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 notify the component manufacturers and obtain the

i nformation 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 spill

- proof s pout that has been issued a CARB certification [ Executive Order ] exec utive order or has been certified by the board pursuant to theseCOMMONWEALTH OF VIRGINIA PAGE 12 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

procedures, then [ then ] each of the components shall be subject to each of the application and test requirements speci fied 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 ce rtification

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 ma y not be claimed as confidential. 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 specifi ed 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 conta iner 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 eithe r:

(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

p rovided in response to a determination that an application is deficient, the board will inform the applicant in writing that either:COMMONWEALTH OF VIRGINIA PAGE 13 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

(1) The additional information is sufficient to make the application complete, and the application is accepted for fil ing, 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. [ The board may extend the time period in subdivision 1 c of this
subsection if additional information is needed. ] Before the end of each time period specified in this section, the board and the applica nt 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 sub mitted 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 ef fective 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 w ill (i) comply with theCOMMONWEALTH OF VIRGINIA PAGE 14 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 c ertification

under this subsection.

d. Manufacturer and product information as specified in
subdivisions B 1 a and b of this section.

e. The document certification statement required by 9VAC5

- 20

- 230 certifying the information in the application and signed by a responsible official.

[ 4. ] 3

. 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. ] 4

. 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 th e CARB certification executive order upon which it was based is no longer effective.

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 August 1, 2010 [ May 1, 2010

. :

1. August 1, 2010, in the Northern Virginia and Fredericksburg VOC Emissions Control Areas; or

2. ( I nsert a date corresponding to the first day of the fifth month after the month of the effective date), in the Richmond VOC Emi ssions 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 extraordi nary reasons beyond that person' s reasonable control, may apply in writing t o 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; andCOMMONWEALTH OF VIRGINIA PAGE 15 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 is suing 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.

Article 3
Emission Standards for Consumer Products Manufactured before [ May 1, 2010 ] 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 [ May 1, 2010 ] August 1, 2010 , that

contains volat ile organic compounds (VOCs). The provisions of Article 4 (9VAC5

- 45

- 400 et seq.) of this part apply to consumer products manufactured on or after [ May 1,

2010 ] 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 theCOMMONWEALTH OF VIRGINIA PAGE 16 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

Northern Virginia and Fredericksburg Volatile Organic Compound Emi ssions 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

- 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 meanings given them in subsection C of this section.

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

"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 i n this section).

VOC content = one of the following:COMMONWEALTH OF VIRGINIA PAGE 17 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 th e 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.COMMONWEALTH OF VIRGINIA PAGE 18 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"ACP product" means any consumer product subject to the VOC standards specified in 9VAC5

- 45

- 310 A, except those products that have been exempt ed 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 th e 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 b e calculated according to the following equation:

where:

0.020 = the certification emissions level for the product, as specified in 9 VAC5

- 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, 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 app ly 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 includeCOMMONWEALTH OF VIRGINIA PAGE 19 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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.

"Aeroso l 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 adhes ives, 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 sy stem 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 a re 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 hospital s, 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 includeCOMMONWEALTH OF VIRGINIA PAGE 20 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

products that are used on the human body, products that function primarily as clean ing 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 distributio n. 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 distribut ion. 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 "exe mpt 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, l iquids, 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 o r 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 cle aner 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, bu t 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 co ating" 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.COMMONWEALTH OF VIRGINIA PAGE 21 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"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 substrate

impregnated 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 bra ke

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 in stant 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, inc rease 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 suc h 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. Au tomotive 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 visib ility for the driver. Glass cleaners that areCOMMONWEALTH OF VIRGINIA PAGE 22 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 cleane r" 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 t he 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 Californi a 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, or product s 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 Managemen t 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 t o 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 materia l 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:COMMONWEALTH OF VIRGINIA PAGE 23 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 p lastic (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 wa ll 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; person al 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 architecturalCOMMONWEALTH OF VIRGINIA PAGE 24 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

coatings. As used in this article, consumer pro ducts 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 al lowed 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 s ustained 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 primaril y 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 p urpose 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 princ ipal 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 arth ropods, 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. "Ho use dust mite product" means a product whose label, packaging, or accompanying literature states that the product is suitable for use againstCOMMONWEALTH OF VIRGINIA PAGE 25 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or other h ousehold 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 manufact urer 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.

"Devi ce" 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 designe d 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, g lass 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, a nd 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 toCOMMONWEALTH OF VIRGINIA PAGE 26 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

be shaken before use to mix the phases, producing an emu lsion.

"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, Wo ven 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. Dust ing 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.

"Enforceab le 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 det ermined 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;COMMONWEALTH OF VIRGINIA PAGE 27 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

2. Ac curate 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 su bmitted 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 e xternal 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 s olely 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 clea ner 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 ton er, 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 wax

- covered or wax

impregnated wood

- based products.

"FIFRA" means the Federal Insecticide, Fungicide, and Rodenticide Act (7
USC § 136

- 136y).

"Flea and tick insecticide" mea ns 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,COMMONWEALTH OF VIRGINIA PAGE 28 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 th at 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 pr oduct 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 inse cticide 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, "moth

- proofing product" means a product whose label, packagi ng, 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
furnish ings 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 theCOMMONWEALTH OF VIRGINIA PAGE 29 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 mate rials, 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 certai n 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 clean ers.

"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 in clude 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 manu facture 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 de signed 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 medicatedCOMMONWEALTH OF VIRGINIA PAGE 30 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 ph otocopying 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), b ased 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 b y 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 desi gnated 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 holdi ng 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 inc lude 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 hai r 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 cleanerCOMMONWEALTH OF VIRGINIA PAGE 31 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

or soap, general

- use hand o r 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 de signed 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 fo r 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 m ost 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

establishm ent 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 limite d 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 product s and products that are incorporated into or usedCOMMONWEALTH OF VIRGINIA PAGE 32 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 i nto, 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

- 340 C, aerosol lawn and garden insecticide s 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 par ts 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 f uels; 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 p ounds, of LVP

- VOC 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 leastCOMMONWEALTH OF VIRGINIA PAGE 33 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

one c arbon 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 c ompounds 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 tha t 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 comp osed 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. Medicate d 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 no t 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 design ed and labeled exclusively for automotive and marine detailing, or products designed for use in degreasing tanks.COMMONWEALTH OF VIRGINIA PAGE 34 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"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, di screte 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, molybden um 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 desi gned 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 liqui d 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 fo r 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 inclu ding 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 notCOMMONWEALTH OF VIRGINIA PAGE 35 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 respo nsible 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 mas tic 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 conceal ing 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 markedl y affecting the substrate. Paint remover or stripper does not include multi

- purpose solvents, paint brush cleaners, products designed and labeled exclusively to remove graffiti, and hand cleaner products that claim to remove paints and other related

coatin gs 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 qual ities 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 mitigatingCOMMONWEALTH OF VIRGINIA PAGE 36 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 con sider 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

a vailable 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, photogr aphic 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 princi pal 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 an d 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 applicable form that most accurately describes the product's dispensing form as follows:

A = Aer osol 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 compresse d gas that is used in whole or in part, such as a cosolvent, to expel a liquid or other material from the same self

-COMMONWEALTH OF VIRGINIA PAGE 37 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

pressurized container or from a separate container.

"Pump spray" means a packaging system in which the product ingredients

within the con tainer 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" [ "Reconcile or reconciliation"

"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 shortfal ls 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

establishmen ts, 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 tw o 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 consume r 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 design ed 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 t he 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.COMMONWEALTH OF VIRGINIA PAGE 38 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"Rubbing alcohol" means a product containing isopropyl alcohol (also called isopropanol) or dena tured 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 t o 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 com pounds; 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 con sist 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 resi stant 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 ap plication.

"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 com pliance 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 application s.

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 withCOMMONWEALTH OF VIRGINIA PAGE 39 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

the liquid contents in a single ho mogeneous 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 i n 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 t hat, 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, boa rd, 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 wei ght, 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 adh esive 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.); orCOMMONWEALTH OF VIRGINIA PAGE 40 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 press ures between 1,000 and 1,400 psi.

7. "Automotive engine compartment adhesive" means an aerosol adhesive designed for use in motor vehicle under

- the

- hood applications that require oil and plasticizer resistance, as well as high shear strength, at temper atures 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 prod uct" 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 ap proving 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 pressurize d product that is designed to temporarily inflate and seal a leaking tire.COMMONWEALTH OF VIRGINIA PAGE 41 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"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 conte nt 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 re porting 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 comp liance 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 su bmit the required enforceable sales or VOC content data as specified in the ACP agreement.

"Type A propellant" means a compressed gas such as CO 2 , N 2 , N 2 O, or compressed air that is used as a propellant and is either incorporated with the product

or con tained 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).COMMONWEALTH OF VIRGINIA PAGE 42 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"Type C propellan t" 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 un dercarriage, 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 expr essed 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 9 VAC5

- 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 hidi ng 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 hig h molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics). Wax includes, but is not limitedCOMMONWEALTH OF VIRGINIA PAGE 43 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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" mean s 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

- 310. Standard for volatile organic compounds.

A. Except as provided in 9VAC5

- 45

- 290, 9VAC5

- 4 5

- 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 adhes ive: 70%

Polystyrene foam adhesive: 65%

Polyolefin adhesive: 60%COMMONWEALTH OF VIRGINIA PAGE 44 of 1 65
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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%

A utomotive 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%

Carbur etor or fuel

- injection air intake cleaner: 45%

Carpet and upholstery cleaners

Aerosol: 7%

Nonaerosol (dilutable): 0.1%

Nonaerosol (ready

- to

- use): 3.0%COMMONWEALTH OF VIRGINIA PAGE 45 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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%

Fabric protectant: 60%

Floor polishes/Waxes

Products for flexible f looring 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%

Gene ral purpose cleaners

Aerosol: 10%

Nonaerosol: 4%

General purpose degreasers

Aerosol: 50%

Nonaerosol: 4%

Glass cleanersCOMMONWEALTH OF VIRGINIA PAGE 46 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

Aerosol: 12%

Nonaerosol: 4%

Hair mousse: 6%

Hair shine: 55%

Hair spray: 55%

Hair styling gel: 6%

Heavy

- du ty 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): 2 0%

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%

[ Multi

- purpose ] Multipurpose lubricant (excluding solid or

semi

- s olid products): 50%

Nail polish remover: 75%

Nonselective terrestrial herbicide, nonaerosol: 3%

Oven cleaners

Aerosol/Pump spray: 8%

Liquid: 5%

Paint remover or stripper: 50%COMMONWEALTH OF VIRGINIA PAGE 47 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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, a erosol: 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 concernin g 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 Tabl e 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 limi ted 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 [ May 1, 2010 ] August 1, 2010 :

1. Notwithstanding the provisions of subsections [ A and G, H or I A, G, H, or I ] of this section, a consumer product manufactured before the applicableCOMMONWEALTH OF VIRGINIA PAGE 48 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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.

2. Notwithstanding the provisions of subsections [ A and G, H or I ] A, G, H, or I of this section, a consumer product manufac tured after the applicable compliance date specified in 9VAC5

- 45

- 360 and before [ May 1, 2010 ] August 1, 2010

, may be sold, supplied, or offered for sale [ after May 1, 2010 ] on or after August 1,

2010 , if it complies with all of the provisions of Artic le 4 (9VAC5

- 45

- 400 et seq.) of this part.

3. Except as provided in 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 o r 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 re quirements 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 manufac tured 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 iss ued 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 cert ification.

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

oth er conditions specified in the applicable ACP agreement issued pursuant toCOMMONWEALTH OF VIRGINIA PAGE 49 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 th is 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 C ertification Protocol (see 9VAC5

- 20

- 21). The provisions relating to LVP

- VOC 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 distrib utor 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 resu lts 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"COMMONWEALTH OF VIRGINIA PAGE 50 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

products.

(3) For a charcoal lighter material that meets the criteria specified in subd ivision 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 agree ment 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 comple te. 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 s ubsection, 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 su bsection 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 pou nd 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.

G. [ Requirements for ] Provisions follow concerning aerosol adhesives.

1. The standards for aerosol adhesives apply to all uses of aerosolCOMMONWEALTH OF VIRGINIA PAGE 51 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 s pecified
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 l imit 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.

4. All aerosol adhesives must comply with the labelin g 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 require ments 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 al so 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 bu ild

- 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, s upply, offer for sale, or manufactureCOMMONWEALTH OF VIRGINIA PAGE 52 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

for sale a consumer product that contains any of the following ozone

- depleting 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 ozone

- depleting 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 pla n (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 t he 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 resp onsible 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.COMMONWEALTH OF VIRGINIA PAGE 53 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 enforceab le 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 sati sfaction 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
enf orceable 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;

(4) Calculate the percentage of the gross sales 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 o f 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 con tent 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 thatCOMMONWEALTH OF VIRGINIA PAGE 54 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 commitm ent 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 f ive 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 sha ll 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 en forceable 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 tra ding 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 th at 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 cal culated 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 ofCOMMONWEALTH OF VIRGINIA PAGE 55 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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

A CP 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 reducti ons 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

p roduct 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 protec tion. 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 reconciled w ithin 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 commitm ent 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 operatio nal plans submitted with the ACP application are true and correct.

2. a. In accordance with the time periods specified in subsection C of thisCOMMONWEALTH OF VIRGINIA PAGE 56 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

section, the board will issue an ACP agreement approving an ACP that meets the requirements of this article. T he 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 requir ements 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 det ermines, 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 specificCOMMONWEALTH OF VIRGINIA PAGE 57 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

information required to make the application complete.

c. If the board finds that an application meets th e 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 applicati on is deemed complete. The board may extend this time period if additional information is needed.

2. [ The board may extend the time period in subdivision 1 c of this
subsection if additional information is needed. ] Before the end of each time perio d 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. A ll 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 condit ion 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. Withi n 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 subsec tion.

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.COMMONWEALTH OF VIRGINIA PAGE 58 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 excee ds 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 dead line 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 ap plicable 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 w ithin 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

b y 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 ar ticle 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 constit ute 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

rep orted by the responsible ACP party for the applicable compliance period.

b. If the responsible ACP party has failed to provide all the requiredCOMMONWEALTH OF VIRGINIA PAGE 59 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

information specified in the ACP agreement for an applicable compliance period, the

board will determine whe ther 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 tha t 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 mis sing 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, determ ined 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 t he 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 pursuantCOMMONWEALTH OF VIRGINIA PAGE 60 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 calculation of the ACP limit violations pursuant to th is 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 compli ance 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 surplu s 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

f rom, 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

a pproved 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 t his 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 t he 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 aCOMMONWEALTH OF VIRGINIA PAGE 61 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

co mpliance 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 red uctions. 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 rec onciliation 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 cont inuous 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 o f 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 n otification 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 tran sferred.

(4) The total purchase price paid by the buyer for the surplus

reductions.COMMONWEALTH OF VIRGINIA PAGE 62 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

(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 surplu s reductions.

(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

remain ing 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.

j. Surplus reduction credits shall only be traded between ACP products.

3. Provisions follow concerning limited

- use surplus red uction 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 offe red 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 earl y 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
reformula ted 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 demonst rate thatCOMMONWEALTH OF VIRGINIA PAGE 63 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 requiremen ts 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 subdiv ision 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:

100 ) ) Content (VOC ) Content (VOC (

x Sales e Enforceabl = SR final initial **−**

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 content initial = 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 content final = the VOC content of the early reformulated A CP 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 follo wing 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

app roving an ACP, and may not be used for another purpose;

(2) Limited use surplus reduction credits may not be transferred to, or used by, another responsible ACP party; and

(3) Except as provided in this subdivision, limited useCOMMONWEALTH OF VIRGINIA PAGE 64 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 complian ce 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 shortfa ll 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 wi thin 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 shortfall by the board by implementing the

reconci liation 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 re conciled.

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 formulati on, (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 writi ng, 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.COMMONWEALTH OF VIRGINIA PAGE 65 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 pre

approval. 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 requireme nts 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 modificati on 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 subsect ion 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.

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 A CP 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 ofCOMMONWEALTH OF VIRGINIA PAGE 66 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

this section;

d. The ACP includes a product for which t he 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 cancell ed 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).

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 co nsistently 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

- 40 A 2 and applicable provisions of Article 3 ( § 2.2

- 401 8 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 stan dards in 9VAC5

- 45

- 310 A immediately upon the effective date
of ACP cancellation.COMMONWEALTH OF VIRGINIA PAGE 67 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 subs ection 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. 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 wil l 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 s hall 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 agreement s 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 Su bchapter 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 e mission 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 establish ed 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

- 390. Notification, records and reporting.

A. The provisions o f 9VAC5

- 45

- 50 (Notification, records and reporting) apply.COMMONWEALTH OF VIRGINIA PAGE 68 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 fol lowing 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 ma de 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 b y 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 separat e 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 c ontainer 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 a re not fragrances [ ; ] .

d. Total all noncarbon

- containing compounds [ ; ] .

e. Total fragrance [ ; ] .COMMONWEALTH OF VIRGINIA PAGE 69 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

f. For products containing greater than 2.0% by weight fragrance:

(1) The percent of fragrances that are LVP

- VOCs; and

(2) The percent of fragrances that are all other carbon

containing compounds [ ; and ]

.

g. Total paradichlorobenzene.

10. For each product brand name and form, the identity, including the specific chemical name and associated Chemical Abstract Services (C AS) 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 produ ct subject to registration under subsection B of this section in an amount greater than 1.0% by weight.

D. Information submitted by responsible parties pursuant to this section shall be available to the public except where the owner makes a showing satis factory 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 fo r consumer products that are subject to 9VAC5

- 45

- 310 A and containCOMMONWEALTH OF VIRGINIA PAGE 70 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 (excl usive 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 product s 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 (exclusi ve 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 9 VAC5

- 45

- 330 and as required in the innovative products exemption
notification letter.

A rticle 4

Emission Standards for Consumer Products Manufactured on or after [ May 1, 2010 ] August 1, 2010

9VAC5

- 45

- 400. Applicability.COMMONWEALTH OF VIRGINIA PAGE 71 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

A. Except as provided in 9VAC5

- 45

- 410, the provisions of this article apply to any consumer product manufactured on or after [ May 1, 2010 ] August 1, 2010

, that contains volatile organic compounds (VOCs). The provisions of Article 3 ( 9VAC5

- 45

- 280 et seq.) of this part apply to consume r products manufactured before [ May 1,

2010 ] 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 consume r product.

C. The provisions of this article apply to owners and other persons in the Northern Virginia

, and Fredericksburg

, and Richmond 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/govern mental entities/individuals.

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 meanings given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5

- 10 (General Definitions), unless otherwise required by context.

C. Terms defined.

"ACP" or "alternative control pla n" 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, express ed to the nearest pound of VOC and calculated according to the following equation:COMMONWEALTH OF VIRGINIA PAGE 72 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 fo r 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:

Rate Use Certified 100) x Emissions (Certified

= Content VOC

where:

Certified emissions = (see definition in this section).

Certi fied 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 f ollowing equation:

where:COMMONWEALTH OF VIRGINIA PAGE 73 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 s pecified 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 V OC 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 p roducts 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 toCOMMONWEALTH OF VIRGINIA PAGE 74 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

another by attachment. Adhesive does not inc lude 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, l ess packaging, 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 of this definition, adhesive shall mean a substance used to

bo nd 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 o r 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 o r 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 lat ex

- 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 silico nes. 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

- heldCOMMONWEALTH OF VIRGINIA PAGE 75 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 an d 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 us e 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 pestic ide 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 freshener s 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 freshene rs, 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 visualCOMMONWEALTH OF VIRGINIA PAGE 76 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

representations regarding product use on th e 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 fres hening.

"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 standa rd 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

acti vity. 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 h and 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
manufactur er 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

an d 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 purposeCOMMONWEALTH OF VIRGINIA PAGE 77 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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

impregnated products. This category does not include any hand, face, or body cleaner or soap product, medicated astringent or medicate d 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 aut omotive 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 painte d 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, o r 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 tha t 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.COMMONWEALTH OF VIRGINIA PAGE 78 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"Bathroom and tile cleaner" means a product designed to clean tile or
surfaces in b athrooms. 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

- inj ection 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 in clude 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 elim inating 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 faci lities 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 C ertification 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 Rul e 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, add ed to, or used with charcoal to enhance ignition. Charcoal lighter material does not include any of the following:

1. Electrical starters and probes;COMMONWEALTH OF VIRGINIA PAGE 79 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 ca lculated 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 adhesiv e 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.

"C onsumer 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, incl uding aerosol adhesives used for consumer, industrial, or commercial

uses.COMMONWEALTH OF VIRGINIA PAGE 80 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"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 purpos e" 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 t o 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 gaso line 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 contain, enclose, incorporate, deliver,

d ispense, wrap, or store the chemically formulated substance or mixture of substances that is solely responsible for accomplishing the purposes for which the product wasCOMMONWEALTH OF VIRGINIA PAGE 81 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

designed or intended. Containers or packaging include any article onto or into which th e 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 maintai ning 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, s ilverfish 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 lab el, 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.

"Da te

- 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 tha t 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, viru s, or anotherCOMMONWEALTH OF VIRGINIA PAGE 82 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 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.

Dr y 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

c arpet 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

Industr y Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric Standards and Guidelines (see 9VAC5

- 20

- 21).COMMONWEALTH OF VIRGINIA PAGE 83 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"Dusting aid" means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wa x 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, energized electrical cleaners, pressurized gas dusters, engine degreasers,

ant i

- 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 precisio n 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 cle aners, 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.

"Energi zed 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 resi dual 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

- approve d 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 c ompliance period can be accurately documented. For theCOMMONWEALTH OF VIRGINIA PAGE 84 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 durin g 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 (tetrachl oroethylene).

"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 p roduct 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 so lely 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 nonlaun dered 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 appl ication 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.COMMONWEALTH OF VIRGINIA PAGE 85 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"Fa cial 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 wax

- covered or wax

impregnated wood

- based products.

"FIFRA" means the Feder al 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 eggs. Flea and tick insecticide does not include products t hat are designed to be used exclusively on humans or animals and their bedding.

"Flexible flooring material" means asphalt, cork, linoleum, no

- wax, rubber, seamless vinyl, and vinyl composite flooring.

"Floor coating" means an opaque coating that is labeled and designed for application to flooring, including but not limited to, decks, porches, steps, and other
horizontal surfaces [ which ] 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 r olls 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.COMMONWEALTH OF VIRGINIA PAGE 86 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"Flying bug insecticide" means an insecticide product that is designed for use against flying insects or other flying arthropods, inc luding 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, "moth

- proofing product" means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against f lying 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, dura bility, fit, or flexibility of the footwear, leather article or component. Footwear includes both leather and non

- leather

nonleather foot apparel. Footwear or leather care product does not include fabric protectants; general purpose adhesives; contact adhe sives; 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 t o 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, p olish, 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 pur pose 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;COMMONWEALTH OF VIRGINIA PAGE 87 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

2. Construction, panel, and floor covering adhesives;

3. Adhesives designed e xclusively 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 design ed 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 d esigned 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, e lectrical cleaner, energized electrical cleaner, me tal 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." Solven t 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

- purpos e 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 c leaner does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment, and photocopying machines.COMMONWEALTH OF VIRGINIA PAGE 88 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"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 noncloth

or non

- fabric nonfabric substrates. Graffiti remover does not include paint remover or stripper, nail polish remover, or spot remover. Products labeled for du al 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 durin g 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 na tional 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 desi gned 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 designe d 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 app lied 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 hair sprays 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 styli ng 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,COMMONWEALTH OF VIRGINIA PAGE 89 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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, det anglers 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 "finishin g" 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 soa p" 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 c leaner 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 o C.

"Household product" means a consumer product that is primarily designed to be used inside or outside of living qua rters 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 allCOMMONWEALTH OF VIRGINIA PAGE 90 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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

"In stitutional 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 ser vices 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, restauran ts, 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 const ruction 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 p roduct 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 suppl ements 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 cris p, 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 hous ehold 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 e ntirely of solid particles.

"Lubricant" means a product designed to reduce friction, heat, noise, orCOMMONWEALTH OF VIRGINIA PAGE 91 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

wear between moving parts, or to loosen rusted or immovable parts or mechanisms. Lubricant does not include automotive power steering fluids; products f or 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 ex clusively 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 LVP

- VOC 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 H g 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 p ressure 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 b y 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 compoun ds.

"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 mustCOMMONWEALTH OF VIRGINIA PAGE 92 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 surf aces 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 autom otive 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 dat a 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 genera lly 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 polytetraf luoroethylene 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 analyt ical, educational, research, scientific, or other laboratories. Multipurpose solvent does notCOMMONWEALTH OF VIRGINIA PAGE 93 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclu sively 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, e namels, 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 sy stem.

"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, supplie s, 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 9VA C5

- 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

o f 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 applicati on 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 irregularitiesCOMMONWEALTH OF VIRGINIA PAGE 94 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

or the m odification 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 remov er 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 t o 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 fragra nce 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) fragra nce 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 mi xture 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 n ot 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 rec ords 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, p hotographic 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 asCOMMONWEALTH OF VIRGINIA PAGE 95 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

to most l ikely 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 sect ion 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 com pressed 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 t he 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" [ "Reconcile or reconciliation"

"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 s hortfalls have occurred, as approved by the board pursuant to 9VAC5

- 45

- 440 B 1 g (10).

[ l. ]COMMONWEALTH OF VIRGINIA PAGE 96 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"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 unde r 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 desi gned 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 isopr opanol) 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 tha t 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 resista nt 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 on e 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 timeCOMMONWEALTH OF VIRGINIA PAGE 97 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

intervals; and "clear or paintabl e 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 precip itation 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 that dispenses a post

- foaming

semis olid 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 wer e 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 mu ltipurpose 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 lubri cation, 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 ai r 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 in dividuals; 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 visuallyCOMMONWEALTH OF VIRGINIA PAGE 98 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 ot her 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 po lyvinyl 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 bu t 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 lam inated 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 under

- the

- hood applications that require oil and plasticizer re sistance, as well as high shear strength, at temperatures of 200

-COMMONWEALTH OF VIRGINIA PAGE 99 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 fl oor 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 wate rproof 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" me ans 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 oc curring 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 urin als. 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 toCOMMONWEALTH OF VIRGINIA PAGE 100 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 AC P 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 contain ed 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 conten t, 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 resp onsible 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 CO 2 , N 2 , N 2 O, 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 chlorofluor ocarbons (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 asCOMMONWEALTH OF VIRGINIA PAGE 101 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

dimethyl oxide)

.

"Undercoating" means an aerosol product designed to impart a protective,

non

- paint 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 o f 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 limitedCOMMONWEALTH OF VIRGINIA PAGE 102 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

to, substances derived from the secretions of plants and animals such as carnaub a 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" m eans 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 strippe rs, 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 aft er [ May 1, 2010 ] August 1, 2010

, or (ii) manufacture for sale a consumer product on or after [ May 1, 2010 ] 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 a dhesive: 65%

Web spray adhesive: 55%COMMONWEALTH OF VIRGINIA PAGE 103 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

Special purpose spray adhesives

Automotive engine compartment adhesive: 70%

Automotive headliner adhesive: 65%

Flexible vinyl adhesive: 70%

Laminate repair or edgebanding adhesive: 60%

Mount ing 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 pu rpose 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%COMMONWEALTH OF VIRGINIA PAGE 104 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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%

Electri cal cleaner 45%

Electronic cleaner 75%

Engine degreasers

Aerosol: 35%

Nonaerosol: 5%

Fabric protectant: 60%

Fabric refreshers

Aerosol: 15%COMMONWEALTH OF VIRGINIA PAGE 105 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

Nonaerosol: 6%

Floor polishes/Waxes

Products for flexible flooring materials: 7%

Products for n onresilient 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 productsCOMMONWEALTH OF VIRGINIA PAGE 106 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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%

[ Multi

- purpose ] Multipurpose lubricant (excluding solid or

semi

- solid products): 50%

Nail polish remover: 75%

[ Non

- selective ] 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%COMMONWEALTH OF VIRGINIA PAGE 107 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

Aerosol: 10%

Sealant and caulking compound: 4%

Shaving cream: 5%

Shaving gel: 7%

Silicone

- ba sed 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 c leaners

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 concentr ated 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.COMMONWEALTH OF VIRGINIA PAGE 108 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

D. For those consumer products that are registered under FIFRA, the effective
date of the VOC standards in Table 45

- 4A shall be [ May 1, 2011 ] 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

pr oducts:

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 [ May 1, 2010 ] August 1, 2010 , or (ii) manufacture for sale a charcoal lighter material product on or after [ May 1, 2010 ] 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 current ly 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 certifi cation 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 emission s 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 LVP

- VOC in 9VAC5

- 45

- 410 F and 9VAC5

- 45

- 420 C shall not apply to aCOMMONWEALTH OF VIRGINIA PAGE 109 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

charcoal lighter material subject to the requirements of 9VAC5

- 45

- 430 A and this

subsection.

b. The board may approve alternative t est 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 charc oal 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 testin g 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 pane l, 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 cube s, 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 p ursuant to subdivision 2 e of this subsection.

d. Within 30 days of receipt of an application, the board will adviseCOMMONWEALTH OF VIRGINIA PAGE 110 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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, th e 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 tha t the charcoal lighter material will result in VOC emissions of less than or equal to 0.020 pound of VOC per start.

F. [ Requirements for Provisions follow concerning ] aerosol adhesives.

1. The standards for aerosol adhesives apply to all uses of a erosol 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 [ Ma y 1,

2010 ] August 1, 2010 , or (ii) manufacture for sale an aerosol adhesive [ after May 1,

2010 on or after ] 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 pr oduct 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 inCOMMONWEALTH OF VIRGINIA PAGE 111 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

9VAC5

- 45

- 420 C for "special purpose spray adhesive," and is not classified as a "web spray adhesi ve" 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

ma nufactured on or after [ May 1, 2010 ] August 1, 2010 , or (ii) manufacture for sale on
or after [ May 1, 2010 ] 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.

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 weig ht 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 concent ration 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.

H. For a consumer product for which standards are specified under subsectio n 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 ozone

- depleting compounds:

CFC

- 11 (trichlorofluoromethane), CFC

- 12 (dichlorodifluoromethane);
C FC

- 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 (dibromotetrafluoroethan e);
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 tetrachlor ide.COMMONWEALTH OF VIRGINIA PAGE 112 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 ozone

- depleting 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 we ight 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 fo r 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 AC P 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, avail able 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 demons tration 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:COMMONWEALTH OF VIRGINIA PAGE 113 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

(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 respo nsible ACP party;

(4) Calculate the percentage of the gross sales 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;

and [ 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 repor ted 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 dis play 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 underCOMMONWEALTH OF VIRGINIA PAGE 114 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

subdivision 1 d (5) o f 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 req uired 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 a ll 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 th e 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 o r 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 ap proval 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

statist ical 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 ef fect.

(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

demonstrati on 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 so ld 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,COMMONWEALTH OF VIRGINIA PAGE 115 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

mischaracterizing ACP product reformulations that have occurred i n 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

resp onsible 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 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 shortfal ls 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 f or 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 AC P 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 p roducts subject to the ACP had met the VOC standards specified in 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; andCOMMONWEALTH OF VIRGINIA PAGE 116 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

(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 wi ll 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 applican t 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 a pplication 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 d isapprove 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. [ The board may extend the time period in subdivision 1 c of this

subsectio n if additional information is needed. ] 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.COMMONWEALTH OF VIRGINIA PAGE 117 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

D. Provisions follow c oncerning 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 gen erated. 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 upo n 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. Prov isions 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 satisfi ed, 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 requir ements of this article for each day that the approved ACP is in

effect.

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 vi olation 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 writingCOMMONWEALTH OF VIRGINIA PAGE 118 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

to the board regarding the VOC content, LVP content, enforceab le 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 wi thin 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 s hall 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 th e 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 limi t 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

usin g 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 9VA C5

- 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 periodCOMMONWEALTH OF VIRGINIA PAGE 119 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 pursua nt 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 s ubdivision, establish the number of violations as calculated according to the following equation:

where:

NEV = number of ACP limit viol ations.

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 leg al objections to the 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

receiv ed 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 th isCOMMONWEALTH OF VIRGINIA PAGE 120 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 responsib le 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 bo ard 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:COMMONWEALTH OF VIRGINIA PAGE 121 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

(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, pro vided 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 o f 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 e ffect 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 effect ive 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 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

s pecified 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 surplusCOMMONWEALTH OF VIRGINIA PAGE 122 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

reductions as provided in this section.

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 l esser 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 reformu lated 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 reformulati on 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 prod uct by the board according to the following equation:COMMONWEALTH OF VIRGINIA PAGE 123 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

100 ) ) Content (VOC ) Content (VOC (

x Sales e Enforceabl = SR final initial **−**

where:

SR = surplus reductions for the ACP product, expressed to the nearest pound.

Enforceable sales = the enforceable sales for the early reformulated ACP product, ex pressed to the nearest pound of ACP product.

VOC content initial = 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 content final = 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 surp lus 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 may not be used for another purpose;

(2) Limited use surplus reduction credits 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. Pr ovisions 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 approvi ng 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 implemen t the reconciliation ofCOMMONWEALTH OF VIRGINIA PAGE 124 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 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 produc t 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 chang ed 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 sp ecified in the ACP agreement approving the ACP, however, such modifications require board pre

approval. 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,COMMONWEALTH OF VIRGINIA PAGE 125 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

the responsible ACP party shall notify the board, in writing, of information known b y 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
infor mation 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 w ill 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.

2. If any applicable VOC standards specified in 9VAC5

- 45

- 430 A are modified by the board in a future rule

- making, 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 boa rd 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 A CP 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:COMMONWEALTH OF VIRGINIA PAGE 126 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 tha t is 20% or more of the applicable ACP limit (i.e., the ACP emissions exceed the ACP limit by 20% or more) ;

.

c. The responsible ACP party fails to meet the requirements of subsection G of this section within the time periods specified in that subsecti on ; 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

process ed using the procedures prescribed in 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 sec tion,

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 shal l 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 no t be claimed as confidential. 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 meet s 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.COMMONWEALTH OF VIRGINIA PAGE 127 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

L. A responsible ACP party may transfer an ACP to a nother 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

notifi cations 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 name s, 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 wi th 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 manufac turer 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 th e 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 t he 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 area s 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 limi ts 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 reform ulated to comply with the VOCCOMMONWEALTH OF VIRGINIA PAGE 128 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

limits specified in 9VAC5

- 45

- 430 A. VOC emissions shall be calculated using the following equation:

where:

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

E NC = The VOC emissions from the noncomplying representative product in its current formulation.

VOC STD = the VOC limit specified in Table 45

- 4A.

VOC NC = 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 [ wh ich ] 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 [ which ] that meets all of the following criteria:

a. The represen tative 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

exi st 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 innovativeCOMMONWEALTH OF VIRGINIA PAGE 129 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

product and test methods for determining the VOC content. Information submitted to the board pursuant to this section shall be available to the publi c 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 an d 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

b oard will determine whether, under what conditions, and to what extent an exemption from the requirements of 9VAC5

- 45

- 430 A will be permitted. 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 t he 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 i n 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 applicati on.

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

n o 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 inCOMMONWEALTH OF VIRGINIA PAGE 130 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

subdivision 1 of this subsection, the board may modify or revoke the exemption as necessary to assure that the product will meet these criteria.

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 provisio ns in Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section 94503.5 of Title 17 of the California Code of Regulations (see 9VAC5

- 20

- 21) may be exempt
from Table 45

- 4A for the period of time that the CARB innovative products exempt ion 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 exemptio n 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 specifi ed 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, t he 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 = two digits representing the year in which the product was manufactured, and

DDD = three digits representing the day of the year on which the product was manufactured, with 001 representing the first day of the year, 002 representing the second day of the year, and so forth (i.e., the 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 orCOMMONWEALTH OF VIRGINIA PAGE 131 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 applica ble 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 manufactu rer 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 th e 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 manu facture 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 pro visions follow concerning the most restrictive limit that applies to a product.

1. For FIFRA

- registered insecticides manufactured before [ May 1, 2011 ] 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 [ May 1, 2010 ] August 1, 2010 , and FIFRA

- registered insecticides manufactured on or after [ May 1,COMMONWEALTH OF VIRGINIA PAGE 132 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

2011 ] 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 suitabl e 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 subs ections A and C of this
section and in 9VAC5

- 45

- 510, both the 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 9 VAC5

- 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 displaye d 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 boar d, 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 appl ication 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 abbreviat ion 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 isCOMMONWEALTH OF VIRGINIA PAGE 133 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

clearly legible without removing product packaging.

3. No person shall remove, alter, conceal, or defa ce the information required in subdivision 1 of this subsection prior to final sale of the product.

9VAC5

- 45

- 480. Compliance schedule schedules

.

Affected owners or other persons shall comply with the provisions of this article as expeditiously as possib le but in no case later than August 1, 2010 [ May 1, 2010. :

1. August 1, 2010, in the Northern Virginia and Fredericksburg VOC Emissions Control Areas; or

2. (Insert a date corresponding to the first day of the fifth month after the
month of the effe ctive date), in the Richmond VOC Emissions Control Area. ]

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 respon sible 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 compan y, 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, §§ 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 regi stration 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.COMMONWEALTH OF VIRGINIA PAGE 134 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 subm itting 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

(2) The percent of fragrances that are all other carbon

containing compounds [ ; and ]

.

g. Total paradichlorobenzene.

10. For each product brand name and form, the identity, including the specific chemical name and associated C hemical 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 eachCOMMONWEALTH OF VIRGINIA PAGE 135 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

product.

12. If applicable, an identificatio n 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; an d

2. Contained in a product subject to registration under subsection B of this section in an amount greater than 1.0% by weight.

D. 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 t he 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 t o 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 follo wing 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 usa ge 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 theCOMMONWEALTH OF VIRGINIA PAGE 136 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 no tice, 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 yea rs 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 exemption
notification letter.

A rticle 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 ar chitectural coating.

B. The provisions of this article apply only to owners and other persons in the Northern Virginia

, and Fredericksburg , and Richmond Volatile Organic Compound Emissions Control Areas designated in 9VAC5

- 20

- 206.

9VAC5

- 45

- 530. Exemptio ns.

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

, and Richmond Volatile Organic Compound Emissions Control Areas o r for shipment to other manufacturers for reformulation or repackaging.

2. Any aerosol coating product.COMMONWEALTH OF VIRGINIA PAGE 137 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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/governm ental 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 meanings given them i n subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5

- 10 (General Definitions) unless otherwise required by context.

C. Terms defined.

"Adhesive" means any chemical subst ance 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 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 associate d 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 att achment 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 Con trol 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 li mited 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 syst ems; rainCOMMONWEALTH OF VIRGINIA PAGE 138 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 build ings 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 pu rposes 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

- pain ted 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

lim ited to, paints, varnishes, sealers, and stains.COMMONWEALTH OF VIRGINIA PAGE 139 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"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 co mpound" 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 so lvent 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" m eans 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 fl ooring. 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 tha t 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).

"Extreme durability coating" means an air

- dried coat ing, 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 Architectura l 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 formulatedCOMMONWEALTH OF VIRGINIA PAGE 140 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

to protect the structural integrit y 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 com pliance 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 Materia ls (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 c onstruction 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 fo r 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 tr affic.

"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 coat ing 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 coatin g 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

- temper ature 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 fo rmulated and recommended for application to steel structures subject toCOMMONWEALTH OF VIRGINIA PAGE 141 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 s pecified 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, c austic, 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) scrubbi ng 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 materi al.

"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 cove r 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.

"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 Per cent Elemental Metal in Coatings by X

- RayCOMMONWEALTH OF VIRGINIA PAGE 142 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 coatin g 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).

"Nonfla t 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 t he 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 petro leum 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 c oncrete) 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 Coating s 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 Coati ngs 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% 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 Pro ducts (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 [ bond ] bind between the substrate and subsequent coats.COMMONWEALTH OF VIRGINIA PAGE 143 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"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 me ter.

"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 O rganic 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 weig ht 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" mea ns 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 c orrosion 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 a braded to create a smooth surface for subsequent applications of coatings. A sanding sealer that also meets the definition of a lacquer is not included in this category, but it is included in the lacquer category.COMMONWEALTH OF VIRGINIA PAGE 144 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"Sealer" means a coating labeled and fo rmulated 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 writte n 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 cha lky 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 swimm ing 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.

"Temp erature

- 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 sub strates exposed continuously or intermittently to temperatures above 204°C (400°F).COMMONWEALTH OF VIRGINIA PAGE 145 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"Thermoplastic rubber coating and mastic" means a coating or mastic formulated and recommended for application to roofing or other structural surfaces and that incorpora tes 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, driv eways, 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, f ormulated 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 accord ing 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, acid s, 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 fo rmulated 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

- 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 No rthern Virginia VOC Emissions Control Area;COMMONWEALTH OF VIRGINIA PAGE 146 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

or

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

. ;

or 3. [ May 1, 2010 (insert a date corresponding to the first day of the fifth month after the month of the effective date) ]

, in th e Richmond VOC Emissions Control

Area

.

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 wi th 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 a nd 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.

A rticle 6
Emission Stand ards for Adhesives and Sealants

9VAC5

- 45

- 620. Applicability.

A. Except as provided in 9VAC5

- 45

- 630, the provisions of this arti cle 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).COMMONWEALTH OF VIRGINIA PAGE 147 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

B. Except as provided in 9VAC5

- 45

- 630, the pro visions 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 organ ic compounds.

C. The provisions of this article apply only to owners or other persons in the Northern Virginia

, and Fredericksburg , and Richmond 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 t hat 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 9VA C5

- 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 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 co ntrol 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 anal ytical 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. Cyan oacrylate adhesives;

5. Adhesives, sealants, adhesive primers or sealant primers (except forCOMMONWEALTH OF VIRGINIA PAGE 148 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 ou nces 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 prio r 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 les s 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 9VAC5

- 45

- 650 ] 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) schedules )

.

2. Any owner or other person claiming exemption pursuant to this subsection shall record and maintain monthly operational records sufficient toCOMMONWEALTH OF VIRGINIA PAGE 149 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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, se alants, 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 gal lons 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 provis ions 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 meanings given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5

- 10 (General Definitions) unless otherwise requir ed 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.

"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, theCOMMONWEALTH OF VIRGINIA PAGE 150 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

fabricated part, assembly of parts or completed unit of any aircraft, helicopter, missile, or space vehicle, including passenger safety equipm ent.

"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 labele d 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.

"Cera mic 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% chlo rine 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

- containin g 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 manu facturer to glue the fold

- over 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
surface s after the adhesive

- coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces. ContactCOMMONWEALTH OF VIRGINIA PAGE 151 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

bond adhesive does not include rubber cements that are primarily intended for use on paper substrat es. 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 surfac es 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 c overing 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 c eramic 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 ad hesive, 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.

"M edical 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.

"Metal to urethane/rubber mold ing or casting adhesive" means anyCOMMONWEALTH OF VIRGINIA PAGE 152 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 o r 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, fiber glass 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 th e 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

int ended 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 Sep tember 30 of the same year, inclusive. [ "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 til eboard), fiberglass reinforced plastic, and similar pr edecorated or [ non

decorated ] 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.COMMONWEALTH OF VIRGINIA PAGE 153 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

"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 synth etic 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 draw n 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 manufactur er 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.

"Prope llant" 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, suc h 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 po lyethylene 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.

"Seal ant" 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 forCOMMONWEALTH OF VIRGINIA PAGE 154 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 t he 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 propylene diene terpolymer, that is f ield applied to a building roof using one layer of membrane material.

"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 m inimum, 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

- p ly 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, adhes ive 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 inCOMMONWEALTH OF VIRGINIA PAGE 155 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

the production of electronic or magnetic components in which the thickness of t he bond

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 prepare d 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 ma rking 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 complet ed 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 resorcinol

- resin

- based

adhesiv e 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, seal ant, 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, S ealant Primers and Adhesives Applied to Particular SubstratesCOMMONWEALTH OF VIRGINIA PAGE 156 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 m anufacturing 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

Othe r plastic cement welding 510

Outdoor floor covering installation 250

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 inst allation 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 420COMMONWEALTH OF VIRGINIA PAGE 157 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 List ed 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 o f 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 con tent shall be the limit for suchCOMMONWEALTH OF VIRGINIA PAGE 158 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 s ingle

- ply 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 v apor 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. F or 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, e xcluding 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.

E. Any owner or other person u sing 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, se alants, 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 t he use or specify the application of any adhesive, sealant, adhesive primer, sealant primer, surface preparation or clean

- up solvent if such use or application results in a violation of the provisions of this article. This prohibition shall apply to all wr itten or oral contracts underCOMMONWEALTH OF VIRGINIA PAGE 159 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 ing ] roof membrane installation and repair adhesive, single

- ply [ roofing ] roof membrane sealant, and single

- ply [ roofing ] roof membrane adhesive primer in Table 45

- 6A shall only apply [ according to the following

schedule ] as fol lows :

1. During the ozone seasons, or portions thereof, between August 1, 2010 and September 30, 2011; and [ From May 1, 2010 to September 30, 201 0 , inclusive; In the Northern Virginia and Fredericksburg VOC Emissions Control Areas: d uring the

ozone seasons, or portions thereof, between August 1, 2010 and September 30, 2011; ]

2. On and after January 1, 2012. [ From May 1, 2011, to September 30, 2011; and In the Richmond VOC Emissions Control Area: d uring the ozone season, or portion thereof, bet ween (insert a date corresponding to the first day of the fifth month after the month of the effective date) and September 30, 2011; and ]

3. 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

- 700. Compliance schedule schedules

.

Affected owners or other persons shall comply with the provisions of this article as expeditiously as possible but in no case later than August 1, 2010 [ May 1, 2010. :

1. August 1, 2010, in the Northern Virgini a and Fredericksburg VOC Emissions Control Areas; or

2. (Insert a date corresponding to the first day of the fifth month after the month of the effective date), in the Richmond VOC Emissions Control Area. ]

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 shallCOMMONWEALTH OF VIRGINIA PAGE 16 0 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

be determined using either Ref erence 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 Dichlorome thane and 1,1,1

- Trichloroethane 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 shal l 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 analys i s (ASTM "Standard Practice for Packed Column Gas Chromatography") ] ASTM "Standard Practice for Packed Column Gas Chromatography" for organics and ASTM "Standard Test Method for Wate r Content of Coatings by Direct Injection Into a Gas Chromatograph" for water content (see 9VAC5

- 20

- 21), as applicable, and the following equation:



## ∑ **∑ ∑** 

**= =**  **=**

**+ +**  **=**

n

i i i n

i e e w w n

i i i i

c
Mw W Mw W Mw W Mw VP W

Pp

1 1 1

/ / / / ) )( (

where:

Pp c = VOC composite partial pressure at 20oC, in mm Hg.

W i = Weight of the "i"th VOC compound, in grams, as determined by ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5

- 20

- 21).

W w = Weight of water, in grams as determined by ASTM "Standard Test Method for Water Content of Coatings by Direct In jection Into a Gas Chromatograph" (see 9VAC5

- 20

- 21).

W e = Weight of the "i"th exempt compound, in grams, as determined by ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5

- 20

-COMMONWEALTH OF VIRGINIA PAGE 161 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

21).

Mw i = Molecular weight of the "i"th VOC compoun d, in grams per g

- mole, as given in chemical reference literature.

Mw w = Molecular weight of water, 18 grams per g

- mole.

Mw e = Molecular weight of the "i"th exempt compound, in grams per g

mole, as given in chemical reference literature.

Vp i = Vap or pressure of the "i"th VOC compound at 20 o C, 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 20 oC, and the minimum tes t 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:

Ve Vw Vm We Ww Ws VOC

**− −**  **− −** 

**=**

whe re:COMMONWEALTH OF VIRGINIA PAGE 162 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 li ters.

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 ca lculated according to the following equation:

Vre Vrw Vrm Wre Wrw Wrs VOC

**− −**  **− −** 

**=**

where:

VOC = VOC content of adhesive, in grams per liter.

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 compoun ds not consumed during curing, in liters.

L. The VOC content of materials, in grams per liter, shall be calculated according to the following equation:

Vm We Ww Ws VOC **− −** 

**=**COMMONWEALTH OF VIRGINIA PAGE 163 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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:

100 % **× =**  W Wv weight by VOC

where:

Wv = weight of VOC in grams.

W = weight of material in grams.

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 so lvent 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

l ist and the mix ratio;

4. The VOC content of each product on the list, as supplied;COMMONWEALTH OF VIRGINIA PAGE 164 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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 p rimer, 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 equipm ent, 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 maintena nce.

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 fo r, 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 la minating equipment pursuant to 9VAC5

- 45

- 630 C 4 shall keep records sufficient to demonstrate that the 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 theCOMMONWEALTH OF VIRGINIA PAGE 165 of 165
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5

- 40 AND 45)

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. A ll 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.

TEMPLATES \ NOIRA \ REG

- PRO

R EG \ DEV \ J07

- REG

- FIN .DOCENCLOSURE 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 comments and attend a hearing concern ing a proposed revision to the Commonwealth of Virginia State Implementation Plan. As required by 40 CFR Part

51.102 (a) and (d)(1) and (2), the public was given notice of the hearing in the Richmond

Times

- Dispatch (for the State Capital Intrastate Air Qua lity Control Region ), along with the location of the proposal for public inspection, on December 21, 2009 . The attached copy of the notice 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 comment concerning the proposed revision was held in s econd floor conference room A, Department of Environmental Quality, 629 East Main Street, Richmond, Virginia, at 10:00 a.m. on February 3, 2010

. 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. En vironmental Protection Agency was notified of the hearing. Th is notification follow s 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 August 26, 2013 after being duly adopted by the State Air Pollution Control Board on September 10,

2010 , certified by the Office of the Attorney General as within the Boar d’s statutory authority on September 17, 2010 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 regulatio n on August 7, 2013 , 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 refe rence into the Commonwealth of Virginia State Implementation Plan is attached, along with the

effective date of October 1, 2013

.

Only those provisions of the final regulation which are not marked out on the attached copy are to be considered part of the V irginia State Implementation Plan.

TEMPLATES \ SIP

- REG \ REG02

- PH

- N
SIP \ NONATTN PLANS \ 2013 \ J07

- SIP

- 2.DOCPublic Notice • £.nvironmentnl Regulation

Helice Of adlotr. The State Air Pollution Control Board Is considering the adoption of a regu l a· tlon on Consumer and Commerciar Products. A regulation Is a general rule governing people's rights or conduct that Is uplield by a**stat~** ilgency. If adopted, the**Commonweal~h** rn· tends to submit the regulation or portion there· of as

· a revision to its State Implementation Plan In accordance with the requirements of §llO(a) of the federal Clean Air Act Regak!tlons affected: The regulations of tile board affected by this regulatory action are as follows: Consumer and Commercial Products, (Special Provisions and Articles 1 through 7 o

, f 9VAC5'45), Mobife Equipment Repair and Refrn· lshlng

, Rule 4·48 (Article 48 of 9VAC5·40), and Documents Incorporated by Reference, (9VAC5·20·21)

. f'llrpoR .t notke: The board is seeking c on; ments through the Departm e nt of Envlronmen· tal Quality (DE. Q) on the ( i) proposal

, (li) c osts and benefits of the proposal, ( IIi) effects of the proposal on farm and forest land preservation, and (lv) impacts of the proposal on small bus!·

· nesses. The board is speciflcaHy seeking com · menton the cost and benefits of extending Ar· tlcle 6 concerning emission standards for ad he · slves and sealants to the Richmond VO<: Emls· slons Control Area. The board, after dehbera · tlon, may decide to include

, elimlnat!l or chaze some or all of these parts of the pro· posa. P1lti c-.ent period: December 21, 2009 to february 19, 2010. IIUic IMartftg: Second floor conference room A Department of Environmental Quality, 629 East Main street

, Richmond, Virginia, at lO:oo

a

. m. oil february 3, 2010. A question and an·

swer period will be held one half hour prior to the begiohlng of the public llearing at this loca·**~** cemment stag e : Notice of Public Comment.

. 1 • Dna1pt1on of proposal : The maJor prov s1ons of the proposal are summarized below:

· The proposed regulatory action adds a new chapter (9VAC5-45) specifically for**re~ulatlons ~rtalnlnp**  to consumer and r.ommerc1al prod·
ucts and JS applicable to (I) specific product types and (II) the owners that are Involved I n the manufacture, distribl)tlon, r etail sales and In SOme cases, the marketing and use of those products in certain volatile organic compound (VOC) emissions control areas and extends ap· pllcablllty of many ofthe new standards to the Rlchmoni:l VOC Emissions Control Area. This proi)Osed regulatory act1on also !!mends 9VAC5-40

, Article 48 1 .**whlch~ertaJns** to coating operations and coat n pro ucts used In cer· taln vehicle repair an:f' refln shlng shops to ex· tend appllcabUity of this article Into the Rich · mond VOC Emissions Control Area. Part I of the new Cha

. r,ter 45 contains general requirements pertain ng to all of the types of

consumer and commercial products regulated. Pa.rt II of t he new Chapter 45 Is composed of ar· tlclesthat contain voc content and emission

·. standards for Individual types of consumer

·

. producb and contain the control technology, testing, monitoring, administrative,

.·· recordkeeplng and reporting requlr!'ments nee·

· essary to determine compliAnce with each of tbe applicable stand

. aros. Ptnt II of tile

- dlllpter lndiMes: t : New Articles l and 2, which control VOC emissions from portable fuel containers and spouts. Article 1 applies to all of the products subJec t to the current provision s of 9VAC5•40, Artfcle 4 2 concerning portable fuel container spillage, ;amends some of thos e**re(julr~ments,** and applies only in the Northe r n V1rglma and Fredericksburg VOC Emission s Control Areas. Article 42 will be repealed at an appropriate time after the standards in the new Article 1

are effective. Article 2 applies to portable fuel containers and spouts manufactured after May 1

,**~010,** applies to more types of fuel contain·

. ers incorporates some new standards and re· qulrements and applies in the Northern Virgin· Ia.**F~derlcksburg** and Richmond VOC Emls· slons

· Control Areas. 2. New Articles 3 and 4, which control VOC emissions from certain types o f consumer products such as hair sprays

, deodorants, cleaning supplies, lubricants, and other prod· ucts

. Article 3 applies to all of the products sub feet to the current provisions of 9VAC5·40, Artfcle 50, clarifies some of thase require·

· ments, revises some othe r requirements

, and applies only in the Northern VIrginia and Fred· ericksburg voc Emission s Contro l Areas. Artl· · cte 50 wilt be repealed at an appropriate time after the standards in the new Article 3 are ef· fectlve

. Artlcl

. e 4 applies to consumer products manufactured after May 1, 2010, applies**~o** more

. types of consumer products

, establishes

some new requirements, and applies in the**~orthern** Virgn'lia, Fredericksburg and Rich· monct VOC Emissions Control Areas. 3

·

. New Article 5, which controls VOC emissions from architectural and industrial malntenance coatings such as palnts 1 varnishes, waterproof· ing and other such coat ngs. Article 5 incorpo- rates all of the provisions of 9VAC5·40. Article 49 (except that it modifies or removes some reporthip requirements), app l ies in the North · !'rn Virgmla and Fredericksburg VOC Emissions Control Areas, and will be applicable in the Richmond VOC Emissions Control Areas also. No new compliance deadline Is proposed for the Northern Virginia and Fredericksburg 1/0C Emission Control Areas

. Compliance In the Richmond voc Emissions Control Area will be required by May 1, 2010. Article 49 will be re· hP.ttiP.d at an**rtnnronri:o~tA** tlmA rlftP.r thP nPW Ar4. N e v.,.· iJ ··t'c lc. 6

.**h1 1**  cc n t r ol.s Y0C**~:?mis sions**  f r cm**adhr <>** **l'les ,**  adhes i ve p :imers

. f**s~~~lCJ.rrt ~**  a nd seni an t p; ; ne r s in t h e N orth e r n**Y; gu:,a~**  rl; c h

· - m( J

fl d**am ~**  Fre d e r ic k sburg VOC t:m!ss 1on s C ontr-o l Ar eas

. . - hi s a rtkl0 i rnpl e rMmts**~t oe**  c o n

-**~e r.** **t** l i n: i t s f or**tho~~ :-o.:~uct** **s** a!1r:l**proh t·** **~ ~;V** **~** -fro m manufa

, -: h .!rlng, di stribLJt l nfh .:-: ellinc

· 1

• ·: noncomplian t ;;i o duc t -s. : ·11 1!; articie**;~ -.** **,** ; · ., compliance deadline of May 1, 2010.

. . . 5. New Article 7

, which controls VOC emiSSJons from asphalt paving opera t ions in all**~oc** . Emissions Control Areas. The new Art1cle 7 m· corporales all of the requirements of 9VACS-40

, Article 39 and clarifies when the r equirements

are applicable. Article 39 will be**epeale~** at an appropriate time after the new Arttcle 7 Js ef·**t~.! t':xt**  of these new articles includes the tex· tiJi!l changes to the regulatlo11s that are lnclud· ed in the recently adopted, but not yet effec· tfya revision 006 (also titled as Consumer and

· commerCial Products)

. This regulatory**a~ion** preserves changes made by revision 006 m the event that revision D06 is delayed or withdrawn In its entirety

. This regulatory action also in· corporaies the following substantive changes to revision DOG:
1. l

.

t expands applicability of the new.Artlcles 2, 4, 5 and 6 Into the Richmond VOC Emissions Controi.Area;
2

. It e xtends compliance dates originally pro· posed I n r evision ' 006 as January 1

, 2009 t o a
more reasonable date in the futuTE> (May 1, 2010) ; and

, rt l

, 3. It exte'lds appllcablliti o f**9VA):~· 40,**  A c,e ·48 (Emission Standards Tor Mobile Equipment Repair and Refinishing Operations) Into the Richmond Voc Emissions Control Area.

. If revision 006 becomes effective, then this re· vision will be redacted to remove the changes incorporated to regulation by revision 006

,**~nd** the compliance dates associated with applymg regulatory standards in Chapter 4 5 and In Chapter 4Q

, Article 48 in the

· R i chmond VOC Emissions Control Area may be r evised to be

more consistent with the effective regulation. Federal information: This notice is being given
to satisfy the public participation requirements offeder a l regulations (40 CFR 51.102) and not any provision of state law. Except as noted .be· low the proposal wlll be submitted as a rev1·

s l on t o the Commonwealth o f V I rginia s:p un· !lou l llO(a) of the federal Clellfl Air Act In ac·**t~~rd"anc e**  with 40 CFR 51.104: It Is planned to.

s u bmit all provisions of the proposal as a rev1 • sion to the Commonwealth of VIrginia SIP ex· cept for 9VAC5-45-810, 9VAC5·45·310 B, or 9V ACS. -4 5-<il t B. Locallty_part >< u larly affect e d; Localiti e s pa rtie· ularl y •n.ct ed by the propo s ed r e g \ llatl o r. > are tiM**coun~s** (Jf Arlington

,**alrta~ .**  Lo l!dou n. 

# I

P rin c e Wll li 'l m, S ta ff i m l. Spotsylv an i a, C ha r les Ci ty, Chesterfie ld

, Ha no ve r

, H en ri co an d P ri nce G •.! orge; a n d t h e**~>s** o 1 Ale x a n dri a, F ai rf a x, Fall s G h tJr c h, M anass a ;

, Ma• t a ssa' P ar k

, F

red· eticksbucg, (;olonil!l Heigh ts

, Ho p e well, Peters· burg, and**Ric mond.**  Revision Dil6 <tffe c tecl all the localities listed above e xcept '**~ose** in the Richmond VOC Emls· sions Control Area. Since revisioN D06 has been adopt e d an d Is expected to become effectiv e

, the loca '! t!es particularly affected by this regulatorv a c

, lon would then be restricted to just thos e a rea s tha t are locat!!d in the Rich· l'liond VOC Emissions Control Area ; specifically, the cou11tie s of Charles City

, Chesterfield, Han·

over, Henrico and Prince George; and the cities of Coloni a l Heights, Hopewell, Petersburg, and Richmond.
How to commen t: D EQ accepts written com· ments by email

, fax, and postal mall

. All writ· ten comments must include the full name

, ad· dress and telephon e number of the person commenting and be received by DEQ on the last day of the c omment period. Commenters I sending fllJ(es are en

. couraged to provide the 

# I signed original within one week. Both oral and written comments are accepted at the public

1 hearing

. . DEQ prefers that comments be provid· ed in writing, along with an y supporting docu·
ments or exhibits. All testimony

, exhibits and docume n ts re ceived are par t of tne public re· cord

. To review regulation documents : The proposal and an analysis c onducted by DEQ (including a statement of purpose, a statement of estimat· ed impacts and benefits of the proposed regu- lation, an e x planation of need for the proposed regulation, an estimate of the Impact of the propose(! regulation upon small businesses

, identification of and comparison with federal requirements, and a discussion of alterna t ive approaches), are a vaJfabJe on the Town Hall web site (www.townhall.vlrglnia.oov ) and the OEQ Air Public Notices for Regulations ' web site (http.://www

. deq.vlrglnla.gov/alr/p.ermlttlng/r egnotes

. htm)

. The documents ma y also be ob· tained by contacting the OEQ representative named below

. The public may review the docu· ments between 8:30am and 4:30 pm of each business day until the close of the public com· ment period at the following DEQ locations: 1) Main Street .Office, 8th Float:, 629 E

. Main Street, Ri c hmond

, Virginia, 804-698

· 4070, 2) Piedmont Regional Office, 4949·A, Cox Road, Glen Allen, Vlrglr.ia, !104·527·5020, and 3) North·

ern Regional .Office, 13901 Crown Court, Wood· Jridge, Virginia, 703•583·3800.**~ontact** for p!Jbllc com m e n h:T documen t**e~ ~uest** **s** a nd a dditiona l inf i:>r rn a t l c n: Gar y Gr:!

- lai1\**nul to** **y** .l'\n" l yst

1 Offi:e o

- r Regulatory \f fai rs

, Dt:pattme11t of Env lr cr1men t n ! (}uallty.

' 0 B ox 110 5

, Richm ond, Y A 2321 8 (phone**80~­** i 9S- 4103, fux**804 &~8** **, em~** **il ?i..** **ry. G~a** **rn@ cq.** **tgir.ia.go .**  - - --· - ··· ··

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3709 Part 3 III VJCCCA Programs and Offices on Youth Program Audits

6VAC35

- 20

- 200. Monitoring of VJCCCA programs or offices on youth.

The department shall develop a schedule for monitoring all VJCCCA programs or offices on youth that shall provide for

at least one scheduled on

- site VJCCCA program or office on youth audit every two years. Whenever deemed necessary or appropriate, additional monitoring visits or reviews may be
[ schdduled scheduled ]

. 6VAC35

- 20

- 210. VJCCCA programs and offices on youth

self

- evalu ations.

A. All VJCCCA programs and offices on youth shall, in accordance with department procedures or manuals, do the following:

1. Conduct an annual self

- evaluation; and

2. Provide the department with a written summary of (i)

the self

- evaluation process and (ii) the findings of the self

evaluation.

B. The department shall schedule each VJCCCA program or office on youth to conduct the self

- evaluation and complete the report.

C. The department shall review each VJCCCA program's or office on youth's self

- eva luation report and provide feedback to the VJCCCA program [ of or ] office on youth.

6VAC35

- 20

- 220. VJCCCA program and office on youth

audits.

A. During the program audit, the VJCCCA program or office on youth shall demonstrate an acceptable level of

comp liance, as provided in this chapter, with all (i) statutory requirements; (ii) the approved local plan; (iii) applicable regulatory requirements; and (iv) applicable department procedures or manuals.

B. The burden of proving compliance with the applicable requirements rests with the program staff.

C. Any finding of noncompliance shall be documented.

6VAC35

- 20

- 230. VJCCCA program and office on youth audit findings.

A. Upon completion of the VJCCCA program or office on youth audit, the VJCCCA program or offi ce on youth audit findings shall be reported to the VJCCCA program plan contact or office on youth program director along with a copy to the individual with supervisory authority over that

individual.

B. The VJCCCA program plan contact or office on youth

p rogram director may appeal the VJCCCA program or office on youth audit findings to the director or designee.

C. The department will monitor the progress of the VJCCCA program or office on youth in correcting the identified noncompliance through subsequent documentation and monitoring visits. 6VAC35

- 20

- 240. Effect of VJCCCA program or office on youth noncompliance.

A. If the department determines that a VJCCCA program or office on youth is not in [ substantial ] compliance, it may suspend all or any portion of the VJCCCA program's or office on youth's funding until there is compliance as provided in subsection C of § 16.1

- 309.9 of the Code of Virginia.

B. The department shall notify the person responsible for the daily administration of the VJCCCA program or office on youth of the intent to withhold funding prior to such withholding. The notification shall include the justification for the intended withholding and any corrective actions the VJCCCA program or office on youth must complete.

C. The VJCCCA progra m or office on youth may appeal to the director or designee the withholding of funding, in writing, within 10 business days of receiving notice of the department's intent to withhold the funding.

[ DOCUMENTS INCORPORATED BY REFERENCE (6VAC35

- 20)

Guidance Document: Self

- Audits/Evaluations, September 2013, Department of Juvenile Justice ]

VA.R. Doc. No. R10

- 2208; Filed August 7, 2013 , 9:52 a.m.



##  

# –––––––––––––––––– 

TITLE 9. ENVIRONMENT

ST ATE AIR POLLUTION CONTROL BOARD

Final Regulation

Title s of Regulation s : 9VAC5

- 40. Existing Stationary

Sources (Rev. J07) (amending 9VAC5

- 40

- 6970, 9VAC5

- 40

- 7050; adding 9VAC5

- 40

- 6975).

9VAC5

- 45. Consumer and Commercial Products (Rev. J07) (amending 9VAC5

- 45

- 60, 9VAC5

- 45

- 70, 9VAC5

- 45

- 90, 9VAC5

- 45

- 160, 9VAC5

- 45

- 170, 9VAC5

- 45

- 190,

9VAC5

- 45

- 200, 9VAC5

- 45

- 240, 9VAC5

- 45

- 280, 9VAC5

- 45

- 310, 9VAC5

- 45

- 320, 9VAC5

- 45

- 390, 9VAC5

- 45

- 400,

9VAC5

- 45

- 420, 9VAC5

- 45

- 430, 9VAC5

- 45

- 440, 9VAC5

- 45

- 460, 9VAC5

- 45

- 480, 9VAC5

- 45

- 510, 9VAC5

- 45

- 520,

9VAC5

- 45

- 530, 9VAC5

- 45

- 580, 9VAC5

- 45

- 620, 9VAC5

- 45

- 630, 9VAC5

- 45

- 640, 9VAC5

- 45

- 650, 9VAC5

- 45

- 700,

9VAC5

- 45

- 710).

Statutory Authority: § 10.1

- 1308 of the Code of Virginia.

Effective Date: October 1, 2013.

Agency Contact: Gary Graham, Department of Environmental Quality, 629 Eas t Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4103, FAX (804)

698

- 4510, or email gary.graham@deq.virginia.gov.

Background : A new chapter (9VAC5

- 45, Consumer and Commercial Products) was originally proposed as part of this

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3710 regulator y action, consisting of general requirements and seven articles to control volatile organic compound (VOC) emissions from several types of consumer and commercial products in the Northern Virginia, Fredericksburg, and

Richmond VOC Emissions Control Areas. By separate regulatory action published in 26:12 VA.R. 1876

- 1978 February 15, 2010 , the new chapter became an effective regulation on March 17, 2010, but it is applicable only in

the N orthern Virginia and Fredericksburg VOC Emission Control Areas. As previously proposed, this regulatory action is revised to include only those provisions that represent changes to the new effective regulation.

Summary:

The amendments apply the provisions of four of the original articles in the Richmond VOC Emissions Control Area; specifically, provisions pertaining to portable fuel containers manufactured on or after August 1, 2010; consumer and commercial products manufactured on or after August 1, 2010; architectural and industrial maintenance coatings; and adhesives, adhesive primers, sealants, and sealant primers. Additionally, Article 48 of Chapter 40 (9VAC5

- 40) is amended to apply provisions pertaining to mobile equipment repair and refinishing

opera tions in the Richmond VOC Emissions Control Area.

Compliance dates for standards applicable in the

Richmond VOC Emissions Control Area have been changed to a more reasonable date in the future. The compliance dates for a proposed phase

- in of standards

app licable to the use of single

- ply roof membrane adhesives and sealants has been modified to include a separate compliance date for the phase

- in in the Richmond VOC Emissions Control Area. A temporary exemption for the manufacture and distribution of single

- ply roof membrane adhesives and sealants, which did not appear in the original proposal but already appears in the effective regulatory language, has been preserved.

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.

Article 48 Emission Standards for Mobile Equipment Repair and Refinishing Operations (Rule 4

- 48)

9VAC5

- 40

- 6970. Applicabilit y and designation of affected facility.

A. Except as provided in subsection C of this section

9VAC5

- 40

- 6975 , the affected facility to which the provisions of this article apply is each mobile equipment repair and refinishing operation. Certain provisions also apply to each person providing or selling affected coatings.

B. The provisions of this article apply only to sources and persons in the Northern Virginia

, and Fredericksburg , and Richmond Volatile Organic Compound Emissions Control Areas designated i n 9VAC5

- 20

- 206.

C. The provisions of this article do not apply under any of the following circumstances:

1. The mobile equipment repair and refinishing operation is subject to Article 28 (9VAC5

- 40

- 3860 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Automobile and Light Duty Truck Coating Application Systems).

2. The mobile equipment repair and refinishing operation is subject to Article 34 (9VAC5

- 40

- 4760 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Miscellaneous

Metal Parts and Products Coa ting Application Systems).

3. The person applying the coatings does not receive compensation for the application of the coatings.

4. The mobile equipment repair and refinishing operations uses coatings required to meet military specifications (MILSPEC) w here no other existing coating can be used that meets the provisions of this article.

9VAC5

- 40

- 6975. Exemptions.

The provisions of this article do not apply under any of the following circumstances:

1. The mobile equipment repair and refinishing operation is subject to Article 28 (9VAC5

- 40

- 3860 et seq.) of

9VAC5

- 40 (Emission Standards for Automobile and Light Duty Truck Coating Application Systems).

2. The mobile equipment repair and refinishing operation is subject to Article 34 (9VAC5

- 40

- 4760 et seq.) of

9VAC5

- 40 (Emission Standards for Miscellaneous Metal Parts and Products Coating Application Systems).

3. The person applying the coatings does not receive compensation for the application of the coatings.

4. The mobile equipment repair and refinishing ope ration uses coatings required to meet military specifications (MILSPEC) where no other existing coating can be used that meets the provisions of this article.

9VAC5

- 40

- 7050. Compliance schedule schedules

.

Affected persons and facilities shall comply with t he 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

. ; or

3. [ May 1, 2010 M arch 1, 2014 ] , in the Richmond VOC

Emissions Control Area.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3711 Part II

Emission Standards

Article 1 Emission Standards for Portable Fuel Containers and Spouts

Manufactured before [ May 1, 2010 ] August 1, 2010

9VAC5

- 45

- 60. Applicability.

A. Except as prov ided in 9VAC5

- 45

- 70, the provisions of this article apply to any portable fuel container or spout

manufactured before [ May 1, 2010 ] August 1, 2010. The provisions of Article 2 (9VAC5

- 45

- 160 et seq.) of this part apply to portable fuel containers and spou ts manufactured on

or after [ May 1, 2010 ] 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 s pouts.

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 art icle 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

ma nufacturer 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: (i) the portabl e 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 nomi nal 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 o ff

- 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 fue l 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 closed

system 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 w ithin 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

- 90. Standard for volatile orga nic 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 standar ds 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 ot her 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 ag ainst 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 c ompliance 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 availa ble for

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3712 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 [ May 1,

2010 ] 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 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 [ May 1, 2010 ] August 1, 2010, may be sold, supplied, or offered for sale
[ after May 1, 2010 on or 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 subdivisions 1 and 2 of this subsection, displaying the date of manufacture, or a code indicating the date o f manufacture, on the product container or package does not exempt the owner or product from the provisions of this article.

Article 2 Emission Standards for Portable Fuel Containers and Spouts Manufactured [ On or After May 1, 2010 on or after ] 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 [ May 1, 2010 ] August 1, 2010. The provisions of Article 1 (9VAC5

- 45

- 60 et se q.) of this part apply to portable fuel containers and spouts manufactured

before [ May 1, 2010 ] 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

, and Richmond Volatile Organic Compound Emissions

Contr ol 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 con trol 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 i n 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

- 16 0 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 o r 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 por table fuel tank and the outboard engine for the purpose of operating the outboard engine.

G. The provisions of this article do not apply to closed

system 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

- 190. Standard for volatile organic compounds.

A. The following provisions apply to portable fuel containers and spouts manufactured on or after [ May 1,

2010 ] August 1, 2010:

1. No owner o r other person shall sell, supply, offer for sale, or advertise for sale any portable fuel container or

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3713 spout manufactured on or after [ May 1, 2010 ] August 1, 2010, unless that portable container or spout is certified by the board to be a spill

- proof sys tem 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 [ May 1, 2010 ] 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 wi th the certification procedures specified in 9VAC5

- 45

- 200.

B. The following standards apply to each portable fuel container or spout manufactured on or after [ May 1, 2010 ] August 1, 2010, that is subject to the provisions of this article:

1. Portable fue l 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

markin gs 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 d urable 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 construc ted 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 durabil ity 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 spil l

- 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, n o 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 als o:

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 "Cer tification 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 buye r 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

syst em 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 spill

proof spout, and fueling application, as supplied to the buyer in the packaging for each spill

- proof system or spill

proof 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.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3714 8. Spill

- proof systems, spi ll

- 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. 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 me ets 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 [ May 1, 2010 ] 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 th e 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 d imensions specific to each component. If an application is submitted for a spill

proof 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 si ze 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 demons trating that the spill

proof 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. Th e 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 spill

proof 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 spil l

proof 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 actua l 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 spill

proof spout, the applicant must include evidence that the component manufacturers have been notified of the applica nt'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 29, Issue 26 Virginia Register of Regulations August 26, 2013

3715 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 inclusi on in the certification have not been previously incorporated in a spill

- proof system or spill

proof spout that has been issued a CARB certification executive order or has been certified by the board pursuant to these procedures, then each of the

component s 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 su bdivision B 1 a of this section is public information that may not be claimed as

confidential. 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

satisfa ctory 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 o f 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 boar d 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 a pplication 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. [ The board may extend the time period in subdivision 1

c of this subsection if additional information is needed. ] Before the end of each time period specified in this section,

the boar d 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 certi fied 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

effectiv e 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 sub mitted 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 effect ive 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) comp ly 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.

e. The document certification statement required by

9VAC5

- 20

- 230 certifying the information in the application and signed by a respons ible official.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3716 [ 4. ] 3. 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. ] 4. Any board certification gra nted 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 executiv e order upon which it was based is no longer effective.

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 August 1, 2010 [ May 1, 2010. : 1. August 1, 2010, in the Northern Virginia and Fredericksburg VOC Emissions Control Areas; or

2. March 1, 2014, in the Richmond VOC Emissions

Control Area. ]

B. Any owner or other person who cannot comply with the provisions of this article by the date specified i n 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 eco nomic 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 a rticle. 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 revo ke a waiver from requirements of this article.

Article 3

Emission Standards for Consumer Products Manufactured before [ May 1, 2010 ] August 1, 2010

9VAC5

- 45

- 280. Applicability.

A. Except as provided in 9VAC5

- 45

- 290, the provisions of this article apply t o any consumer product manufactured before [ May 1, 2010 ] 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 [ May 1, 2010 ] 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 a nd 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

busin ess 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

- 310. Standard for volatile organic compound s.

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) manufa cture 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

Adhesiv es

Aerosol adhesives

Mist spray adhesive: 65%

Web spray adhesive: 55%

Special purpose spray

adhesives

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3717 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 purpo se 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%

Bath room 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

- us e): 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%

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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3718 Aerosol: 10%

Nonaerosol: 4%

General purpose degreasers

Aerosol: 50%

Nonaerosol: 4%

Glass clean ers

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 o r 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 spe cifically states that the product should be diluted with water or non

- VOC solvent 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,

"mi nimum 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 accompa nying 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 sel l through of consumer products manufactured before [ May 1, 2010 ] August 1, 2010:

1. Notwithstanding the provisions of [ subsections

subsection ] A [ and

, ] G, H or I of this section, a consumer product manufactured before the applicable compliance

date s pecified 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3719 manufacture is clearly displayed on the product container or package.

2. Notwithsta nding the provisions of [ subsections

subsection ] A [ and

, ] G, H, or I of this section, a consumer product manufactured after the applicable compliance date specified in 9VAC5

- 45

- 360 and before [ May 1, 2010 ] August 1, 2010, may be sold, supplied, or

of

fered for sale [ after May 1, 2010 ] 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 subdivisions 1 and 2 of this subsection, displaying the date of manufactur e, 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 sta ndards 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 ow ner 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 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 subse ction.

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 LVP

VOC in 9VAC5

- 45

- 290 F and 9VAC5

- 45

- 300 C shall not apply to a charcoal lighter material subject to the requirements o f 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 Certificati on 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

sh all include, at a minimum, the following:

(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 ap pear 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 ma terial 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 th e 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 meet s 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3720 complete or that specified additional information is

req uired 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 d eemed 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 subdivi sion 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

subdivis ion 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 t han 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.

G. Provisions follow concerning aerosol adhesives.

1. The standards for aerosol adhesives apply to all uses of

ae rosol 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

9VAC 5

- 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 produc t 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 applic able compliance date or (ii) manufacture for sale 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 i n 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 f or sale a consumer product that contains any of the following ozone

depleting 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

- difluor oethane);

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

- chl oro

- 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 for mulation that complies with

Table 45

- 3A or an existing product formulation that is

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3721 reformulated to meet Table 45

- 3A, provided the ozone

depleting compound content of the reformulated product does

not increase.

K. The requirements of subsection I of this se ction 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. Manufact urers 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 follo w 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 followin g:

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 writ ing 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 addresse s 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

v alidity of the enforceable sales based on enforceable sales records provided by the contact persons or the responsible ACP party;

(4) Calculate the percentage of the gross sales that is composed of enforceable sales; and

(5) Determine which ACP products h ave 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 foll owing:

(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 al l 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 res ponsible 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3722 responsible ACP party that they will transfer the surplus

reductions to the small b usiness 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 peri od 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

reformul ation). 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 a ll 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 t hat 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 ex tent 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 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 th e 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 reconcil iation 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

re sponsible 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 violat ions 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 app lication 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 su fficient to make the application complete, and the application is accepted for filing, or

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3723 (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 applicatio n is deemed complete. The board may extend this time period if

additional information is needed.

2. [ The board may extend the time period in subdivision 1

c of this subsection if additional information is needed. ] Before the end of each time period spec ified 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 informat ion specified in the ACP 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.

3. An exceedance during the applicable compliance p eriod 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 s hortfall 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

inform ation 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 reduction s 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 eac h 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 t he 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 dat a 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3724 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 t o 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 applicable to each ACP product an d 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 li mit 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 oc curs, 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

per iod.

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 calculation of the ACP limit violations pursuant to t his

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 tradi ng. 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 AC P. 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 wh ile 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 r esponsible 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 comp liance 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 AC P 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 shortf alls plan approved by the board pursuant to subdivision B 1 g (10) of this section.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3725 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 compli ance 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 dat e 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 re ductions.

(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.

(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. T he 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 reduct ions as provided in this section.

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 subdivisio n, "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 submitte d 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 V OC 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 metho ds 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 separ ately 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 p roduct, expressed to the nearest pound of ACP product.

VOC content initial = 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 V OC per 100 pounds of ACP product.

VOC content final = 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 surplu s reduction credits issued pursuant to this subdivision shall be subject to all of the following provisions:

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3726 (1) Limited use surplus reduction credits shall be used solely to reconcile the responsible ACP party's shortfalls, if any, generated during the fi rst compliance period occurring immediately after the issuance of the ACP agreement approving an ACP, and may not be used for another purpose;

(2) Limited use surplus reduction credits may not be transferred to, or used by, another responsible ACP party;

a nd

(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 co ncerning 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 rece ipt 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 n otification of a 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, howeve r, such modifications require board pre

approval. 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 modificatio n 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 informatio n 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. Provisio ns 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 appro val 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 a ll requirements of this article and that the ACP emissions

will not exceed the ACP limit.

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 t he ACP agreement;

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3727 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 can celled 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

mo re).

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 fail ed 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

- 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 shortfall s 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 immed iately 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 sectio n. 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. 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

- 13 14 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

resp onsible 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 sect ion, 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

- 9455 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 ACP agreement remains in effect provided that all ACP products used for emission credits within the CARB ACP agreemen t 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 c ertification 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

- 390. Notification, records and reporting.

A. The provisions of 9VAC5

- 45

- 50 (Notification, records and report ing) 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 re sponsible 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3728 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,

a nd 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 informat ion 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 on e

- 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 cont aining greater than 2.0% by weight fragrance:

(1) The percent of fragrances that are LVP

- VOCs; and

(2) The percent of fragrances that are all other carbon

containing compounds [ ; and ].

g. Total paradichlorobenzene.

10. For each product brand name and fo rm, 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 propell ant 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

- depleti ng 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. Information submitted by responsible parties pursuant to

this section sh all 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 req uirements 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 m ethylene 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 responsibl e 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 dur ing 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 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

sha ll be made as required by 9VAC5

- 45

- 330 and as

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3729 required in the innovative products exemption notification

letter.

Article 4

Emission Standards for Consumer Products Manufactured on or after [ May 1, 2010 ] August 1, 2010

9VAC5

- 45

- 400. Applicability.

A. Ex cept as provided in 9VAC5

- 45

- 410, the provisions of this article apply to any consumer product manufactured on or after [ May 1, 2010 ] August 1, 2010, that contains volatile organic compounds (VOCs). The provisions of Article 3 (9VAC5

- 45

- 280 et seq.) of t his part apply to consumer products manufactured before [ May 1, 2010 ] August 1,

2010.

B. Except as provided in 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 a ny consumer product.

C. The provisions of this article apply to owners and other persons in the Northern Virginia and

, Fredericksburg , and

Richmond Volatile Organic Compound Emissions Control Areas designated in 9VAC5

- 20

- 206.

D. For purposes of this articl e, 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/go vernmental entities/individuals.

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 meanings given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meanings given them in 9VAC5

- 10 (General Definitions), unless otherwise required by context.

C. Terms defined.

"ACP" or "alternative control plan" mea ns 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 ne arest 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 f or 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:

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 agreem ent 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 produ ct 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 reform ulated" 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.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3730 "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 a ll 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 le vel 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, 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 packa ge 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 exc lusively for use on humans or animals. For the purpose of this definition and the following adhesive remover subcategories in subdivisions 1 through 4 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 t he 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 sti ckers, 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.

Re active 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 adhes ives 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 pro duct" 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 labele d 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, building s 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

n ot 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3731 products that are used on the human body, products that function primari ly 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 institu tional 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 insti tutional 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. T he 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 inc lude, 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.

"Ant imicrobial 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, astringen t 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" m eans 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 pop ulation.

"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 Testin g 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 subst rate

impregnated 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 remov e 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 a t 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 gla ze" 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

d rive

- 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, a nd 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 surface s 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.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3732 Automotive windshield washer fluid does not include fluids placed by the manufact urer 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 pain t 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

- inje ction 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 inject ors.

"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 wo ol, 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 leat her 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

- 430 E, as determined pur suant 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 9 VAC5

- 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 mat erial" 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 ad hesive 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 reinforce d 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 wal l 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

resa le 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 sh all 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 befor e 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 clamp ing of

surfaces after the adhesive

- coated surfaces have been brought together using sufficient momentary pressure to

establish full contact between both surfaces.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3733 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 ga soline 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 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 displ ay 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 spe cified 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. C rawling 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 accompany ing 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 pr imarily 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 o r 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 contain er 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

ov er 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,

pat hogenic 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 us e; 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 purpos e 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 distributor s.

"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 commerc ial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer's residence or work place. Dry cleaning fluid does

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3734 not include spot remover or carpet and upholstery cleaner. For the purposes of this definition, "S

- coded fabr ic" 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

Stan dards 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 inclu de general purpose cleaners, general purpose degreasers, dusting aids, electronic cleaners, 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, in cluding 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 degrease rs, 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 pr oduct 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 di splays 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" mea ns 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 nonlaundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic e quipment, 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 neutral ize 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 clea nsing creams, semisolids, liquids, lotions, and substrate

- impregnated forms. Facial

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3735 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, medi cated astringent or medicated toner, or rubbing alcohol.

"Fat wood" means pieces of wood kindling with high
[ naturally

- occurring naturally occurring ] levels of sap or resin that enhance ignition of the kindling. Fat wood does not include kindling with su bstances added to enhance flammability, such as wax

- covered 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 d esigned 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, linole um,

no

- wax, rubber, seamless vinyl, and vinyl composite flooring.

"Floor coating" means an opaque coating that is labeled and designed for application to flooring, including but not limited to, decks, porches, steps, and other horizontal surfaces 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 inc lude 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 des igned 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

breakdo wn 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 insectic ide 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 u sed exclusively on humans or animals, or a moth

- proofing product. For the purposes of this definition only, "moth

proofing product" means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods. "Footwear or leather care product" means any product designed or labeled to be applied to footwear or to other

leather arti cles 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 nonleather 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 u sed 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, chai rs, 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 c ontinuous 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).

"Gene ral 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, kit chen 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.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3736 "General purpose degreaser" means a product labeled to remove or dissolve grease, grime, oi l, 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

c leaner, 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 establishments that manufacture or construct goods or commodities; and (i i) 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 i mmersion 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, astring ent 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 cleani ng 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 noncloth or nonfabric substrates. Graffiti remover does not include paint remover or stripper, nail polish remover, or spot remover. Products labe led 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 prima rily 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

st yled 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

tha t 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" m eans 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 co nditioners 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 produ ct 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

d oes 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3737 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 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 pur suant 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 instit utional (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 nonprofi t 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

center s, 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 deterg ents 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 fabri c. 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 determ ined 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 re duce 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 a ssociated 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 commoditie s; and

2. Labeled "not for retail sale."

"LVP content" means the total weight, in pounds, of LVP

VOC 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 wi th 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

th an 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" m eans 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.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3738 "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, antiperspiran ts, 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 oxida tion 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 d ays 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 sp ray 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. D esigned 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 i n 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 silicon e

- 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. Mult ipurpose 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 de greasers, 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 colore d 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 o r 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 withou t 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 AC P 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 functiona l 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

act ion, 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3739 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, incl uding 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, brea th 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 substanc es, 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 submi tted 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

mas s 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" me ans 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" me ans 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 i ngredients 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 pursua nt to 9VAC5

- 45

- 440 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.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3740 "Roll

- on product" m eans 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

vehi cles, 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 surfa ces. 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 u ses; 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 onl y, "removable caulking 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 compound" means a compound that contains no appreciable level of opaque fi llers 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 defo rm 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

bod ily hair. Shaving cream does not include shaving gel.

"Shaving gel" means an aerosol product 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. S having 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 includ e 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 co mpounds 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 exc lusively 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.

"Sma ll 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 visuall y 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. "Mount ing 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 adhe sive" 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

d esigned to bond polyolefins to substrates.

6. "Laminate repair or edgebanding adhesive" means an aerosol adhesive designed for:

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3741 a. The touch

- up or repair of items laminated with high pressure laminates (e.g., lifted edges, delaminates, etc.);

or

b. The tou ch

- 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 c onsist 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 u nder

the

- 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,

su ch 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 fricti onal 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 regulati on, 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.

"Terres trial" 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 "TMH E" 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 per iod 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 = th e 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

agreeme nt 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 = (see definitio n 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 compre ssed gas such as CO 2 , N 2 , N 2 O, 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).

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3742 "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 p roduct 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, hornet s, 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 substrat es. 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 produ cts 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 [ May 1, 2010 ] August 1, 2010, or (ii) manufacture for sale a consumer product on or after [ May 1, 2010 ] August 1, 2010, that contains volat ile 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%

Genera l 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3743 Ge neral 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 ru bbing 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 fo rms: 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%

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 7%

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3744 paste:

General purpose clean ers

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 sp ray: 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 (aeros ol): 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 remo ver or stripper: 50%

Penetrant: 50%

Rubber and vinyl protectants

Nonaerosol: 3%

Aerosol: 10%

Sealant and caulking compound: 4%

Shaving cream: 5%

Shaving gel: 7%

Silicone

- based multipurpose lubricant (excluding solid or semi

- solid produc ts): 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

p rior to use.

1. For consumer products for which the label, packaging, or accompanying literature specifically states that the

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3745 product should be diluted with water or non

- VOC solvent prior to use, the limits specified in Table 45

- 4A shall apply to the produ ct 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 o nly 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 [ May 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

i n 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 [ May 1, 2010 ] August 1, 2010, or (ii) manufacture for sale a charcoal lighter material product on or after [ M ay 1, 2010 ] August 1, 2010, unless

at the time of the transaction:

a. The manufacturer can demonstrate to the board's satisfaction that 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 s ubmit 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 current ly 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 formulati on 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 VO C 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 LVP

VOC 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 Ma nagement 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 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

direc tions 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 "ma tch 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.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3746 d. Within 30 days of receipt of an application, the board will advise the applicant in writing either t hat 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 addi tional 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 ma terial 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 mat erial 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

contai ned 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.

F. [ Requirements for Provisions follow concern ing ] 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) s ell, supply, offer for sale, or use an aerosol adhesive manufactured on or after [ May 1, 2010 ] August 1, 2010, or (ii) manufacture for sale an aerosol adhesive [ after May 1, 2010 on or after ] August 1, 2010, that contains VOCs in excess of the specifie d 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 suitabl e 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 [ May 1, 2010 ] August 1, 2010, or (ii) manufacture for sale on or after
[ May 1, 2010 ] August 1, 2010, an aerosol adhesive, that contains any of the followin g compounds: methylene chloride, perchloroethylene, or trichloroethylene.

4. All aerosol adhesives must comply with the labeling requirements specified in 9VAC5

- 45

- 460 D.

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 pol ish 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

he avy 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.

H. For a consumer p roduct 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 ozone

depleting compounds:

CFC

- 11 (trich lorofluoromethane), 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 (brom otrifluoromethane), 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

- diflu oroethane);

1,1,1

- trichloroethane; or

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3747 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 mee t Table 45

- 4A, provided the ozone

depleting 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 pro duct 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 thi s 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 pro duct 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 provid e 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 f or 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 enforc eable 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;

(4) Calculate the percentage of the gross sales 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;

and

(2) The VOC content and LVP con tent 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 thi s 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 co ntainer 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 appr oving an ACP. The enforceable sales records shall be provided to the

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3748 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) w ill 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 A CP 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 i n 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 A CP.

(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 reconciled within 90 working days fro m 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 informatio n 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 applicat ion 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

conditi ons 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

- 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, co nditions, 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. Prov isions 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 resp onse to a determination that an ACP application is deficient, the board will inform the applicant in writing that either:

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3749 (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 . [ The board may extend the time period in subdivision 1

c of this subsection if additional information is needed. ] 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 approving an ACP shall be maintained by the responsible ACP part y 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

boar d 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

suc h 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.

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 c onstitute 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 complete ly 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 red uctions 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 AC P 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 us ing 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 ag reement 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

- 42 0 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3750 enforceable sales records and VOC content that were reported for that portion of the applicabl e 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 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 subsecti on, 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

violation s 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

ap proving the ACP. By choosing this option, the responsible ACP party waives all legal objections to the 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 de emed 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 neare st 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 o f 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

p roperty.
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 th e 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 tha t 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 w hich 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3751 plan approved by the board pursuant to subdivision B 1 g (10) of this section.

h. A valid surp lus 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 expi re 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

r eductions 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 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 p hone 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 specifie d 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 u nderstand 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.

j. Surplus reduction credits shall only be traded bet ween 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 reduc tion 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 reformulat ion 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) Accur ate 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 defin ition 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 ref ormulated 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 preci sion 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 e quation:

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 content initial = 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 content final = the VOC content of the early

refor mulated ACP product after the early reformulation is achieved, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3752 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 app roving an ACP, and may not be used for another purpose;

(2) Limited use surplus reduction credits 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 s hall 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 oc curred 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 d ays 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 shortfall by the board by implementing the reconciliation

of shortfall s 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

direc tions 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 responsib le 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 pre

approval. 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 responsib le 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 determine s 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 limi t.
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 e ffective 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;

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3753 b. The ACP is modified by the responsible ACP party and approved by t he 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 i f 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 requiremen ts 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) ;

. 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

- 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 can celed 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 w ith 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 purs uant 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 se ction is public information that may not be

claimed as confidential. 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 9 VAC5

- 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 responsib le 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 t ransferee 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 gran ted 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 e xempt 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 o n 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 t hose ACP 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 subd ivision B 1 of this section, if the code is represented separately from other codes on the product container so that it is easily recognizable:

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3754 YY DDD = year year day day day

where:

YY = two digits representing the year in which the product was manufacture d, and

DDD = three digits representing the day of the year on which the product was manufactured, with 001 representing the first day of the year, 002 representing the second day of the year, and so forth (i.e., the Julian date).

3. The date or date code s hall 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 o f 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 manu facturer 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 befo re 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

manuf acture 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 provision s follow concerning the most restrictive limit that applies to a product.

1. For FIFRA

- registered insecticides manufactured before
[ May 1, 2011 ] August 1, 2011, notwithstanding the definition of "product category" in 9VAC5

- 45

- 420 C, if anywhere on the pr incipal 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 [ May 1, 2010 ] August 1, 2010, and FIFRA

- registered insecticides manufactured on or after [ May 1, 2011 ] 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 fo llow 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 t his section and in 9VAC5

- 45

- 510, both the 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 ensur e 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 abbr eviation 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 incl uded 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

ap plicable 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 sub strate 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 t he abbreviation is used.

2. The information required in subdivision 1 of this subsection shall be displayed on the product container such

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3755 that it is readily observable without removing or disassembling a portion of the product container or packaging. For t he 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

- 480. Compliance schedule schedules

.

Affected owners or other persons shall comply with the provisions of this article as expeditiously as possible but in no

case later than August 1, 2010 [ May 1, 2010. : 1. August 1, 2010, in the Northern Virginia and Fredericksburg VOC Emissions Control Areas; or

2. March 1, 2014, in the Richmond VOC Emissions

Control Area. ]

9VAC5

- 45

- 510. Notification, records and reporting.

A. The provisions of 9VAC5

- 45

- 50 (N otification, 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 informat ion 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, §§ 10.1

- 1314 and 10.1

- 1314.1 of the Virginia Air Pollution Control Law, and other applicable state c onfidentiality 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 list ed 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 regis trations 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 fragranc es that are LVP

- VOCs; and

(2) The percent of fragrances that are all other carbon

containing compounds.

g. Total paradichlorobenzene.

10. For each product brand name and form, the identity, including the specific chemical name and associated

Chemical Abst ract 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 propellan t.
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 sub ject to registration under subsection B of this section in an amount greater than 1.0% by weight.

D. 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 Virg inia.

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 pr oducts that are subject

to 9VAC5

- 45

- 430 A and contain perchloroethylene or

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3756 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 ea ch 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 whic h 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 packagin g), 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 infor mation specified in

subdivision 2 of this subsection.

4. Records required by subdivision 2 of this subsection shall be maintained by the responsible party for three calendar years from the date such records were created.

5. Alternative control plan notific ations, 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 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 su pplies, 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 p ersons in the Northern Virginia and

, Fredericksburg

, and Richmond 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 i s sold or manufactured for use exclusively outside of the Northern Virginia and

, Fredericksburg , and Richmond 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 ent ity. These terms only apply to

transactions between manufacturers/commercial distributors that sell, or otherwise provide, products to businesses/governmental entities/individuals.

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 [

. ; or ]

3. [ May 1, 2010 March 1, 2014 ] , in the Richmond VOC

Emissions Control Area.

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 perso n 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 ow ner 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

, and Richmond 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 a nd 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3757 reasonable prudent precautions to assure that the adhesive, sealant, adhesive primer or sealant primer is not distributed to or within those applicable volatile organic compound emissions control areas. This exemption does not appl y 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 artic le 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 maintaine d 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 Artic le 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 prim ers 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. Co ntact 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

pr eparation 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 ma nufacturing 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 th is 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 r equirements still apply:

a. 9VAC5

- 45

- 620 (Applicability);

b. [ 9VAC5

- 45

- 620 9VAC5

- 45

- 650 ] A (concerning prohibition from selling, supplying, offering for sale, or manufacturing for sale, noncompliant adhesives, sealants, adhesive primers or sealant primer s);

c. 9VAC5

- 45

- 690 (Compliance); and

d. 9VAC5

- 45

- 700 (Compliance schedules).

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 acco rdance 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 tot al 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 m aintain 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 own er 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. De finitions.

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 meanings given them in subsection C of this section.

B. As used in t his article, all terms not defined herein shall have the 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.

"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.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3758 "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, assembl y 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 struct ures, 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 A merican 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 adhe sion 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 chlo ride 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 fold

over 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 c ontact 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

adhesi ve 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 inst allation" 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 plasti c 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, resilie nt 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 bo nding 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 pr imer 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 c ardiatory reservoirs.

"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

fabric ate 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 bu t 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 non membrane roofs and that is not

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3759 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 in stallation 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 panel s 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 c ement 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 compound ed 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 cont ains 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" mean s 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 li mited 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 Ai r 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 su rfaces. 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" mea ns a prefabricated single sheet of rubber, normally ethylene propylene diene terpolymer, that is field applied to a building roof using one layer of membrane material.

"Single

- ply roof membrane installation and repair adhesive" means any adhesive labeled f or 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 in cludes 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 prom ote 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.

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3760 "Subfloor installat ion" 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 ot her 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 pr oduction of electronic or magnetic components in which the thickness

of the bond 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 buffe d 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 limi ted 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" me ans 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 g lue" means a two

- part resorcinol

resin

- 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 Lim its 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 til e 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

Nonmembr ane roof installation/repair 300

Other plastic cement welding 510

Outdoor floor covering installation 250

PVC welding 510

Single

- ply roof membrane installation/repair 250

Structural glazing 100

Thin metal laminating 780

Tire retread 100

Perimeter b onded 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3761 Roadway 250

Single

- ply roof membrane 450

Other 4 20

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 Ap plied 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 9V AC5

- 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 con tent 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 c ontent 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 sing le

ply 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 pres sure 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 remov al 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

9 VAC5

- 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 exemp t 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.

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

solvent s 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 applic ation of any adhesive, sealant, adhesive primer, sealant primer, surface preparation or clean

up 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 unde r 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 [ roofing ] roof me mbrane installation and repair adhesive, single

- ply [ roofing ] roof membrane sealant, and single

- ply [ roofing ] roof membrane adhesive primer in Table 45

- 6A shall only apply [ according to the following schedule ] as follows:

1. During the ozone seasons, or portions thereof, between August 1, 2010, and September 30, 2011, inclusive; and
[ From May 1, 2010 to September 30, 2010, inclusive; In the Northern Virginia and Fredericksburg VOC Emissions

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3762 Control Areas: during the ozone seasons, or portions

thereof , between August 1, 2010, and September 30, 2011, and on and after January 1, 2012; and ]

2. On and after January 1, 2012. [ From May 1, 2011, to September 30, 2011; and (insert a date corresponding to the first day of the fifth month after the month of t he effective date) and September 30, 2011; and In the Richmond VOC Emissions Control Area: during the ozone season, or portion thereof, between March 1, 2014, and September 30, 2014, and [ 3. On and ] after January 1,
[ 2012 2015 ]

. H. The provisions of su bsection 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 me mbrane adhesive primer prior to January 1, 2012.

9VAC5

- 45

- 700. Compliance schedule schedules

.

Affected owners or other persons shall comply with the provisions of this article as expeditiously as possible but in no case later than [ August 1, 2010 [ May 1 , 2010. : 1. August 1, 2010, in the Northern Virginia and Fredericksburg VOC Emissions Control Areas; or

2. March 1, 2014, in the Richmond VOC Emissions

Control Area. ]

9VAC5

- 45

- 710. Test methods and procedures.

A. The provisions of 9VAC5

- 45

- 30 (Emission t esting) 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 V olatile 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

in Paints and Co atings 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 Volat ile 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 chro matographic analysis (ASTM "Standard Practice for Packed Column Gas Chromatography") ] 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

Ch romatograph" for water content (see 9VAC5

- 20

- 21), as applicable, and the following equation:

where:

Pp

c = VOC composite partial pressure at 20oC, in mm Hg.

W i = Weight of the "i"th VOC compound, in grams, as determined by ASTM "Standard Practice for Pack ed Column Gas Chromatography" (see 9VAC5

- 20

- 21).

W

w = 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).

W

e = Weight of the "i"th exempt compo und, in grams, as determined by ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5

- 20

- 21).

Mw i = Molecular weight of the "i"th VOC compound, in

grams per g

- mole, as given in chemical reference literature.

Mw

w = Molecular weight of wat er, 18 grams per g

- mole.

Mw

e = Molecular weight of the "i"th exempt compound, in

grams per g

- mole, as given in chemical reference literature.

Vp i = 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 referen ce 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 efficienc y 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 Metho d 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

## Regulations

Volume 29, Issue 26 Virginia Register of Regulations August 26, 2013

3763 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. Th e 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.

Wrs = weight of volatile compounds not consumed during

curi ng, 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 curin g, 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 = we ight of VOC in grams.

W = weight of material in grams.

VA.R. Doc. No. R08

- 1111; Filed August 7, 2013, 8:33 a.m.

STATE WATER CONTROL BOARD

Final Regulation

Title of Regulation: 9VAC25

- 260. Water Quality

Standards (amending 9VAC25

- 260

- 450).

Statutory Authority: § 62.1

- 44.15 of the Code of Virginia;

33 USC § 1251 et seq. of the federal Clean Water Act;

40 CFR 131.

Effective Date: Effective upon filing notice of federal

Environmental Protection A gency approval with the Registrar of Regulations.

Agency Contact: David C. Whitehurst, Department of Environmental Quality, P.O. Box 1105, 629 East Main Street, Richmond, VA 23218, telephone (804) 698

- 4121, FAX (804)

698

- 4116, or email david.whitehurst@deq .virginia.gov.

Summary:

The amendments designate an approximately one

- mile segment of the Dan River in Virginia and its tributaries in Virginia near the Virginia/North Carolina state line as public water supply. A raw water intake intended to serve

Roxboro , North Carolina, and the North Carolina counties of Person and Caswell is proposed by the state of North Carolina for the Dan River near the town of Milton, North Carolina, approximately 10 miles downriver from Danville, Virginia. North Carolina water qua lity standards require public water supply protections to extend 10 miles upriver from the intake. The State Water Control Board received a petition to designate as public water supply a sufficient portion of the Dan River and its tributaries to complete the 10

- mile run of the river as required by North Carolina water quality standards.

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.ENCLOSURE 3

RECORD OF HEARING AND SUMMARY OF COMMENT

As required by 40 CFR 51.102(e), the complete record of the hearing, along with a list

of commenters and the text of the written presentations or summary of the oral presentations, is located at the Air Division of the Department of Environmental Quality. The Department contact to access this information is the Director, Air Division

.

As required by Sec tion 2.1(h) of Appendix V of 40 CFR Part 51, a copy of the

comments received and responses thereto is attached. Included is a brief statement of the subject, the identification of the commenter, the summary of the comment and the response (analysis and ac tion taken). Each issue is discussed in light of all of the
comments received that affect that issue. All comments have been reviewed and responses developed based on an evaluation of the issues raised in consideration of the overall goals and objectives of the air quality program and the intended purpose of

the document under review.

TEMPLATES \ SIP

- REG \ REG03

- ph
SIP \ NONATTN PLANS \ 2013 \ J07

- SIP

- 3.DOCCOMMONWEALTH OF VIRGINIA
STATE AIR POLLUTION CONTROL BOARD
SUMMARY AND ANALYSIS OF PUBLIC TESTIMONY FOR
REGULATION REVISION J07
CONCERNING

CONSUMER AND COMMERCIAL PRODUCTS (9VAC5 CHAPTER 45 )

INTRODUCTION

At the April 24 , 2009 meeting, the Board author ized the Department to promulgate for public comment a proposed regulation revision concerning Consumer and Commercial

Products

.

A public hearing was advertised accordingly and held in Richmond on February 3, 2010 and the public comment period closed on F ebruary 19, 2010 . The proposed regulation amendments subject to the hearing are summarized below followed by a summary of the public participation process and an analysis of the public testimony, along with the
basis for the decision of the Board.

SUMMA RY OF PROPOSED AMENDMENTS

The proposed regulation amendments concerned provisions covering c onsumer and commercial products . A su mmary of the amendments follows.

The proposed regulatory action add ed a new chapter (9VAC5

- 45) specifically for regulations pertaining to consumer and commercial products and is applicable to specific product types and the owners that are involved in the manufacture, distribution, retail sales and in some cases, the marketing and use of those products in certain VOC
Emissions C ontrol Areas. This proposed regulatory action also amend ed an article in Chapter 40 that pertains to shops that apply some types of consumer and commercial products in VOC Emissions Control Areas.

In Part I of the new Chapter 45, special provisions spe cif ied the general testing, monitoring, compliance, notification, recordkeeping and reporting requirements that are applicable to all articles in the new chapter and specif ied certain other sections of the regulations that are not generally applicable. Ex ceptions to the special provisions are addressed in each individual article of the new chapter.

In Part II of the new Chapter 45:

1. The proposed regulatory action establishe d standards for Portable Fuel Containersfor products manufactured before and af ter May 1, 2010 as new Articles 1 and 2 in Chapter 45, respectively, and applie d to all of the products subject to the current provisions of Chapter 40, Article 42 Portable Fuel Container Spillage. Article 1 clarifie d some Article 42 exemptions and definit ions, add ed another exemption category,

remove d obsolete standards and their associated administrative requirements, and provide d criteria for sell

- through of prod ucts. Because Article 1 applied to all products manufactured before May 1, 2010 and was desi gned to replace Chapter 40, Article 42, the compliance schedule proposed for Article 1 is the same as that in Chapter 40, Article 42. Article 2 applie d to all portable fuel container products manufactured on or after May 1, 2010 and require d board pre

- cer tification of new portable fuel container products as compliant with new labeling requirements and with new and more stringent design and performance standards. Article 2 also include d applicability to a new category of owner, and added (i) new and revised exemptions, (ii) new certification procedures, (iii) new testing standards, and (iv) alternative compliance provisions for innovative products over those provisions now applicable under Chapter 40, Article 42. The new Article 2 specifie d a compliance dead line no later than May 1, 2010. The new Article 1 appl ied only in the Northern Virginia and Fredericksburg VOC Emissions
Control Areas. The new Article 2 appl ied in the Northern Virginia, Fredericksburg and Richmond VOC Emissions Control Areas. Chapter 40, Article 42 will be repealed at an appropriate time after the standards in the new Article 1 are effective.

2. The proposed regulatory action establishe d standards for Consumer Products manufactured before and after May 1, 2010 as a new Articles 3 and 4 in Chapter 45, respectively and applie d to all of the products subject to the current provisions of Chapter 40, Article 50 Consumer Products. Article 3 pertain ed to consumer products manufactured before May 1, 2010, clarifie d some definitions and standar ds, ma de the Alternative Control Plan procedures more flexible, revise d labeling, reporting and other administrative requirements, and clarifie d sell

- through criteria. Article 3 applie d to all products manufactured before May 1, 2010 and was designed to r eplace Chapter 40, Article 50, therefore the compliance schedule proposed for Article 3 is the same as Chapter 40, Article 50. Article 4 applie d to all consumer products manufactured after May 1, 2010 and include d all of the changes made in Article 3, add ed more definitions and standards for some new product categories and establishe d new labeling and other administrative requirements. Article 4 specifie d a compliance deadline no later than May 1, 2010. The new Article 3 appl ied only in the Northern Virg inia and Fredericksburg VOC Emissions Control Areas. The new Article 4 applied in the Northern Virginia, Fredericksburg and Richmond VOC Emissions Control Areas. Chapter 40, Article 50 will be repealed at an appropriate time after the standards in the

new Articles 3 and 4 are effective.

3. The proposed regulatory action establishe d standards for Architectural and Industrial Maintenance Coatings and incorporate d all of the provisions of Chapter 40, Article 49
Emission Standards for Architectural and Indus trial Maintenance Coatings into a new Article 5 in Chapter 45, except that the new Article 5 remove d some obsolete reporting requirements and change d the remaining one to a recordkeeping requirement. The standards and other provisions of the new Article 5 were not substantively changedfrom what is in Chapter 40, Article 49, therefore no new compliance dates were proposed for the Northern Virginia and Fredericksburg VOC Emissions Control Areas. The standards and other provisions were extended into the Rich mond VOC Emissions Control Area with a proposed compliance deadline of May 1, 2010. Chapter 40, Article 49 will be repealed at an appropriate time after the new Article 5 standards are
effective.

4. The proposed regulatory action add ed a new regulation, A rticle 6 in the new chapter 45, which establishe d new emission standards for Adhesives and Sealants. The provisions of this article appl ied to owners who sell, supply, offer for sale or manufacture for sale commercial adhesives, sealants, adhesive primers or sealant primers that contain volatile organic compounds within the Northern Virginia, Fredericksburg and Richmond VOC Emissions Control Areas. The provisions also appl ied to owners that use, apply for compensation or solicit the use or application of such products in those areas. Exempted from the regulation was any such product that

was manufactured in the Northern Virginia, Fredericksburg or Richmond VOC Emissions Control Areas for shipment and use outside of these areas. The provisions of this regul ation were not appl ied to a manufacturer or distributor who sells, supplies, or offers for sale such products that do not comply with the VOC standards as long as

the manufacturer or distributor c ould demonstrate both that the product was intended for ship ment and use outside of those areas and that the manufacturer or distributor

ha d taken reasonable prudent precautions to assure that the product wa s not distributed in those areas. A number of product

- specific exemptions were also allowed.
VOC content li mits were specified for different product categories. Control technology guidelines were offered as an alternate means of achieving compliance with the standards. Test methods, registration requirements and recordkeeping procedures

were provided. This arti cle specifie d a compliance deadline of May 1, 2010.

5. The proposed regulatory action establishe d standards for asphalt paving operations and incorporate d all of the provisions of Chapter 40, Article 39 Emission Standards for Asphalt Paving Operations as a new Article 7 in Chapter 45. Applicability provisions in Article 7 appl ied to owners instead of sources and a new definition of paving operations

was added that clarifie d the types of operations to which the provisions of the regulation apply. Since t he standards and other provisions in this article are not substantively changed, no new compliance date was proposed. Chapter 40, Article 39 will be repealed at an appropriate time after the new Article 7 standards are effective.

The text of these new ar ticles include d the textual changes to the regulations that were included in the recently adopted revision D06 (also titled as Consumer and Commercial Products)

. This regulatory action preserve d changes made by revision D06 in the

event that revision D06 was delayed or withdrawn in its entirety. This regulatory action also incorporate d the following substantive changes to revision D06:

1. This proposed regulatory action expand ed the applicability of the new Article 2 concerning portable fuel container s, the new Article 4 concerning consumer products, the new Article 5 concerning architectural and maintenance coatings, and the newArticle 6 concerning adhesives and sealants into the Richmond VOC Emissions Control

Area. It d id not affect the applicabil ity of Article 7 concerning asphalt paving operations, which already applie d in all VOC emissions control areas ;

2. This regulatory action extend ed compliance dates originally proposed in revision D06 as January 1, 2009 to what was at the time a more rea sonable date in the future (May 1, 2010) ; and

3. This proposed regulatory action extend ed the standards and other provisions for
9VAC5

- 40, Article 48, concerning m obile e quipment r epair and r efinishing o perations that are currently applicable only in th e Northern Virginia and Fredericksburg VOC
Emissions Control Areas into the Richmond VOC Emissions Control Area. A compliance deadline of May 1, 2010 was specified for applicability of the standards and other provisions within the Richmond VOC Emissions Co ntrol Area.

Because revision D06 bec a me effective on March 17, 2010 , this revision will be changed to remove the amendments incorporated into regulation by revision D06 and to preserve the new regulatory compliance and implementation dates in the Norther n Virginia and Fredericksburg VOC Emissions Control Areas (August 1, 2010).
C ompliance dates associated with applying regulatory standards in Chapter 45 and in Chapter 40, Article 48 in the Richmond VOC Emissions Control Area will also be

revised from May 1, 2010 to a future date more consistent with the regulatory progress of this proposal

.

SUMMARY OF PUBLIC PARTICIPATION PROCESS

A public hearing was held in Richmond, Virginia on February 3, 2010

. One person attended the hearing and offer ed testimony

, and two additional written comment s w ere received during the public comment period. As required by law, notice of this hearing was given to the public on or about December 21, 2009 in the Virginia Register and in

the Richmond Times Dispatch . In additio n, personal notice of this hearing and the opportunity to comment was given by mail to those persons on the Department's list to receive notices of proposed regulation revisions. A list of hearing attendees and the complete text or an account of each pers on's testimony is included in the hearing report which is on file at the Department.

ANALYSIS OF TESTIMONY

Below is a summary of each person's testimony and the accompanying analysis. Included is a brief statement of the subject, the identification of t he commenter, the text of the comment and the Board's response (analysis and action taken). Each issue is discussed in light of all of the comments received that affect that issue. The Board has reviewed the comments and developed a specific response bas ed on its evaluation of the issue raised. The Board's action is based on consideration of the overall goals andobjectives of the air quality program and the intended purpose of the regulation.

1. SUBJECT : Language should conform with earlier regulatory l anguage.

COMMENTER : Petrina Jones of Vectre Corporation, representing Jared Blum of the EPDM Roofing Association.

TEXT : The proposed regulation should be modified to conform with the
final phase

- in language for single

- ply roofing adhesives, sealants an d primers in 9VAC5

- 45

- 650, specifically in subsections A, G and H of that

section.

RESPONSE : This comment is acceptable and appropriate changes reflecting the intent of the comment have been made to the proposal.

2. SUBJECT : Inappropriate implementation d ate for Richmond.

COMMENTER : David Darling, American Coatings Association (ACA).

TEXT : The ACA believes that the proposed implementation date of May 1, 2010 is problematic. It takes significant time to reformulate products and revise labels, to update computer systems to prevent shipment of

"non

- compliant" products into the regulated areas, and to communicate to distributors, customers and specifiers which products are compliant. In order to allow Virginia to finalize and adopt the amendments and to al low industry time to meet all of the new demands

- we need until August 1,

2010.

RESPONSE : This comment is acceptable and appropriate changes reflecting the intent of the comment have been made to the proposal.

3. SUBJECT : Exemption for toilet/urinal car e products containing paradichlorobenzene (PDCB).

COMMENTER : Kathie Tryson, Willert Home Products

TEXT : Willert Home Products objects to the creation of a new product category, "Toilet/Urinal Care Products," and the proposed 3% VOC

standard for non

- a erosol toile t /urinal care products, which taken together will effectively prohibit the u se of paradichlorobenzene toilet /urinal care products in Virginia. Prohibiting the use of PDCB will not accomplish the goal of reducing VOC emissions, and at the same time it will deny Virginia consumers an effective and economical product, and will ignore thebeneficial characteristics of PDCB. PDCB has a very low reactivity and therefore contributes very little to ozone formation compared with other products that can be up to 25 times more reactive in forming smog. Other products are not as effective, so consumers use more, with the unintended consequence of generating even more smog. PDCB products are low cost and are widely used by businesses and by consumers with low incomes and large families who don't need unnecessary expenses in these depressed economic times. PDCB is also classified as "not likely to be carcinogenic to humans." The exemption for air fresheners and insecticides containing at least 98% PDCB sh ould be extended to toiler/urinal care products.

RESPONSE : The purpose of this revision is not to implement a new Product Category, but to preserve the 3% VOC standard for toilet/urinal care products proposed under a previous revision (D06) for the Nor thern Virginia and Fredericksburg VOC Emissions Control Areas. This revision

will only extend applicability of that standard (among others) into the
Richmond VOC Emissions Control Area. One of industry's primary objectives in working with the Department t o draft the regulations in Chapter 45 was to implement the same or similar standards in all of the applicable areas. Meeting t his objective also simplifies compliance for

both industry and the Department . Implementing such an exemption only

in the Richmo nd VOC Emissions Control Area would not improve the health and welfare of the citizens of Virginia, would complicate compliance, and would set a precedent for in consistency within these regulations. No change has been made to the proposed regulation based upon this comment.

TEMPLATES \ FINAL \ FR04
REG \ DEV\ J07

- 12ST