Molly Joseph Ward 

Secretary of Natural Resources 

COMMONWEALTH of VIRGINIA 

DEPARTMENT OF ENVIRONMENTAL QUALITY 

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

Mailing address: P.O. Box II 05, Richmond, Virginia 23218 

TDD (804) 698-4021 

www .deq. virginia.gov 

APR ·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. Paylor 

Director 

(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 

Enclosures 
ENCLOSURE 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 purposes 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 schedules (modified)

CHAPTER 45 CONSUMER 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 CONTAINERS 
AND SPOUTS MANUFACTURED ON OR AFTER AUGUST 1, 

2010

9VAC5-45-160 Applicability (modified)

9VAC5-45-170 Exemptions (modified)

9VAC5-45-190 Standard for volatile 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 AFTER 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 Innovative 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 Applicability (modified)

9VAC5-45-630 Exemptions (modified)

9VAC5-45-640 Definitions
9VAC5-45-650 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.DOC
COMMONWEALTH 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.

Article 48.

Emission Standards for Mobile Equipment Repair and Refinishing Operations 

(Rule 4-48).

9VAC5-40-6970. Applicability and designation of affected facility.

A. Except as provided in subsection C of this section9VAC5-40-6975, 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 in 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 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.

9VAC5-40-6975. 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 

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 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 corresponding 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 Fuel 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 Volatile Organic Compound Emissions Control 

Areas designated in 9VAC5-20-206.

9VAC5-45-70. Exemptions.

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

spout manufactured for shipment, sale, and use outside of the applicable volatile 

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

B. The provisions of this article do not apply to a manufacturer or distributor who 

sells, supplies, or offers for sale a portable fuel container or spout that does not comply

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

distributor can demonstrate that: (i) the portable fuel container or spout is intended for 

shipment and use outside of the applicable volatile organic compound emissions 

control areas designated in 9VAC5-45-60 C; and (ii) the manufacturer or distributor has 

taken reasonable prudent precautions to assure that the portable fuel container or 

spout is not distributed within the applicable volatile organic compound emissions 

control areas designated in 9VAC5-45-60 C. This subsection does not apply to portable 

fuel containers or spouts that are sold, supplied, or offered for sale to retail outlets.

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

requirements of subpart F of 29 CFR Part 1926 Subpart F.

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

nominal capacity less than or equal to one quart.

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

nominal capacities greater than or equal to four gallons, provided (i) such devices are 

designed for use in officially sanctioned off-highway motor sports such as car racing or 

motorcycle competitions, and (ii) such devices either create a leak-proof seal against a 

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

permanently installed on the target fuel tank.

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

specifically to deliver fuel through a hose attached between the portable fuel tank and 

the outboard engine for the purpose of operating the outboard engine.
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/commercial 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 any portable fuel container after the compliance dates specified in 9VAC5-45-120 

A unless that portable fuel container meets all of the following standards for spill-proof 

systems:

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

tank overflows.

2. Automatically closes and seals when removed from the target fuel tank 

and remains completely closed when not dispensing fuel.

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

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

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

against defects in materials and workmanship.

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

sale any spout after the compliance dates specified in 9VAC5-45-120 unless that spout 

meets all of the following standards for spill-proof spouts:

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

tank overflows.

2. Automatically closes and seals when removed from the target fuel tank 

and remains completely closed when not dispensing fuel.

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

against defects in materials and workmanship.

C. The test procedures for determining compliance with the standards in this 

section are set forth in 9VAC5-45-130. The manufacturer of portable fuel containers or 
COMMONWEALTH 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 standards of this section prior to allowing the product 

to be offered for sale. The manufacturer shall maintain records of these compliance 

tests for as long as the product is available for sale and shall make those test results 

available within 60 days of request.

D. Compliance with the standards in this section does not exempt spill-proof 

systems or spill-proof spouts from compliance with other applicable federal and state 

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

regulations, nor will the board test for or determine compliance with such other statutes 

or regulations.

E. The following provisions apply to sell through of portable fuel containers and 

spouts manufactured before [ 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 of 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 seq.) 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 
COMMONWEALTH 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 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 Control Areas designated in 9VAC5-20-206.

9VAC5-45-170. Exemptions.

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

spout manufactured for shipment, sale, and use outside of the applicable volatile 

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

B. The provisions of this article do not apply to a manufacturer or distributor who 

sells, supplies, or offers for sale a portable fuel container or spout that does not comply 

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

distributor can demonstrate that: (i) the portable fuel container or spout is intended for 

shipment and use outside of the applicable volatile organic compound emissions 

control areas designated in 9VAC5-45-160 C; and (ii) the manufacturer or distributor 

has taken reasonable prudent precautions to assure that the portable fuel container or 

spout is not distributed within the applicable volatile organic compound emissions 

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

portable fuel containers or spouts that are sold, supplied, or offered for sale to retail 

outlets.

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

requirements of subpart F of 29 CFR Part 1926 Subpart F.

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

nominal capacity less than or equal to one quart.

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

nominal capacities greater than or equal to four gallons provided (i) such devices are 

designed for use in officially sanctioned off-highway motor sports such as car racing or 

motorcycle competitions, and (ii) such devices either create a leak-proof seal against a 

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

permanently installed on the target fuel tank.

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

specifically to deliver fuel through a hose attached between the portable fuel tank and 

the outboard engine for the purpose of operating the outboard engine.

G. The provisions of this article do not apply to 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 "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 or other person shall sell, supply, 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 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 fuel containers shall be color coded and marked as follows:

a. Portable fuel containers shall be color coded for specific fuels:

(1) Gasoline – red;

(2) Diesel – yellow; and

(3) Kerosene – blue.

b. Each portable fuel container shall have identification markings 

on the container and on the spill-proof spout.

(1) Red containers shall be permanently identified with the 

embossed language or permanent durable label "GASOLINE" in minimum 34-point 

Arial font or a font of equivalent proportions.
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 containers shall be permanently identified with the 

embossed language or permanent durable label "DIESEL" in minimum 34-point Arial 

font or a font of equivalent proportions.

(3) Blue containers shall be permanently identified with the 

embossed language or permanent durable label "KEROSENE" in minimum 34-point 

Arial font or a font of equivalent proportions.

2. Portable fuel containers shall comply with emissions standards as 

follows:

a. Portable fuel containers that are equipped with an intended spillproof spout shall emit no more than 0.3 grams per gallon per day.

b. Compliance with emission standards in this subdivision shall be 

determined using the test procedure specified in 9VAC5-45-250 B 2.

c. Portable fuel containers that share similar designs, that are 

constructed of identical materials, and that are manufactured using identical processes, 

but vary only in size or color may be considered for certification as a product family.

3. Portable fuel containers and spouts shall comply with the specifications 

for durability in subsection 7.4 of the test procedure specified in 9VAC5-45-250 B 2.

4. There shall be no fluid leakage from any point in the spill-proof system 

or spill-proof spout as specified in the test procedures specified in 9VAC5-45-250 B 1 

and 2.

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

when the spill-proof spout is removed from the target tank, seal, and remain completely 

closed when not dispensing fuel, as specified in the test procedure specified in 9VAC5-

45-250 B 1. Also, no liquid, beyond wetted surfaces, shall be retained in the spill-proof 

spout after fueling that may evaporate into the atmosphere.

6. An applicant seeking certification of a portable fuel container or spout 

from the board pursuant to this article shall also:

a. Warrant that its spill-proof system or spill-proof spout is free from 

defects in materials and workmanship that cause such systems or spill-proof spouts to 

fail to conform with each of the certification and compliance standards specified in 

CARB "Certification Procedure 501 for Portable Fuel Containers and Spill-Proof Spouts, 

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

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 opening or vent 

hole (i.e., an opening other than the opening needed for the spout) provided the 

secondary opening or vent hole is not easily tampered by a consumer, and it does not 

emit hydrocarbon vapors in excess of the amounts specified in this section during 

fueling, storage, transportation, or handling events.

C. The test procedures for determining compliance with the standards in this 

section are set forth in 9VAC5-45-250. The manufacturer of portable fuel containers or 

spouts shall perform the tests for determining compliance as set forth in 9VAC5-45-250 

to show that its product meets the standards of this section prior to allowing the product 
COMMONWEALTH 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 certification, an application for certification 

shall be submitted in writing to the board by the manufacturer of the portable fuel 

container or spout.

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

shall contain the following information:

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

of the company, owner or other persons that are submitting the application, and the 

names and phone numbers of contact persons that are knowledgeable concerning the 

application.

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

spouts for which certification is requested.

c. Test data that demonstrates that the spill-proof systems or spillproof spouts comply with each of the certification requirements identified in 9VAC5-45-

190 B.

d. Engineering drawings of the spill-proof system or spill-proof 

spout detailing dimensions specific to each component. If an application is submitted 

for a 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 required 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 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 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 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 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 

information required of the application as specified in this subsection.

(2) If the component design and material specifications 

requested for inclusion in the certification have not been previously incorporated in a 

spill-proof system or spill-proof spout that has been issued a CARB certification 

[ Executive Order ] executive order or has been certified by the board pursuant to these 
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procedures, then [ then ] each of the components shall be subject to each of the 

application and test requirements specified in this article.

m. A sample of the spill-proof system or spill-proof spout is not 

required as part of the initial application for certification. The board may later require 

that a sample be provided if it is deemed necessary to make the proper certification 

determination.

n. The document certification statement required by 9VAC5-20-

230, signed by a responsible official as defined in that section.

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

public information that may not be claimed as confidential. Other information submitted 

to the board to meet the requirements of this article shall be available to the public 

except where the owner makes a showing satisfactory to the board under 9VAC5-170-

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

information shall be handled in accordance with the procedures specified in §§ 10.1-

1314 and 10.1-1314.1 of the Air Pollution Control Law of Virginia.

2. In accordance with the time periods specified in subsection C of this 

section, the board will certify a portable fuel container or spout. The board will specify 

such terms and conditions as are necessary to ensure that the emissions from the 

portable fuel containers or spouts do not exceed the VOC standards specified in 

9VAC5-45-190. The certification shall also include operational terms, conditions, and 

data to be reported to the board to ensure that all requirements of this article are met.

C. Provisions follow concerning the portable fuel container or spout certification 

time frames.

1. The board will take appropriate action on an application within the 

following time periods:

a. Within 30 working days of receipt of an application, the board will 

inform the applicant in writing that either:

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

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

information required to make the application complete.

b. Within 30 working days of receipt of additional information 

provided in response to a determination that an application is deficient, the board will 

inform the applicant in writing that either:
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(1) The additional information is sufficient to make the 

application complete, and the application is accepted for filing, or

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

information required to make the application complete.

c. If the board finds that an application meets the requirements of 

subsection B of this section, then it shall certify that the requirements have been met in 

accordance with the requirements of this article. The board will normally act to approve 

or disapprove a complete application within 90 working days after the application is 

deemed complete. The board may extend this time period if additional information is 

needed.

2. [ 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 applicant may mutually agree to a longer 

time period for the board to take the appropriate action. 

D. In accordance with the following procedures, the board will take into 

consideration whether the portable fuel container or spout has been certified by CARB.

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

required under subsection B of this section, certification may be granted by the board 

as follows:

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

CARB certification executive order, or

b. Certification may be granted on the basis of the effective CARB 

certification executive order, modified as necessary by the board to meet the 

requirements of this article.

2. An abbreviated application may be submitted by a manufacturer 

requesting certification by the board under subdivision 1 of this subsection. The 

abbreviated application shall include, as a minimum:

a. A request by the manufacturer that certification be granted by 

the board based upon an effective CARB certification executive order.

b. A copy of the effective CARB certification executive order, 

including all conditions established by CARB applicable to the CARB certification 

executive order.

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

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

article by the date specified in subsection A of this section, due to extraordinary 

reasons beyond that person's reasonable control, may apply in writing to the board for a 

waiver. The waiver application shall set forth:

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

facts that support the extraordinary reasons that compliance is beyond the applicant's 

reasonable control;

2. The proposed date by which compliance with the provisions of this 

article will be achieved; and
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3. A compliance report detailing the methods by which compliance will be 

achieved.

C. No waiver may be granted unless all of the following findings are made:

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

required compliance with this article would result in extraordinary economic hardship;

2. That the public interest in mitigating the extraordinary hardship to the 

applicant by issuing the waiver outweighs the public interest in avoiding any increased 

emissions of air contaminants that would result from issuing the waiver; and

3. That the compliance report proposed by the applicant can reasonably 

be implemented and shall achieve compliance as expeditiously as possible.

D. Any approval of a waiver shall specify a final compliance date by which 

compliance with the requirements of this article shall be achieved. Any approval of a 

waiver shall contain a condition that specifies the increments of progress necessary to 

assure timely compliance and such other conditions that the board finds necessary to 

carry out the purposes of this article.

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

waiver was granted to comply with any term or condition of the waiver.

F. Upon the application of any person, the board may review, and for good 

cause, modify or revoke a waiver from requirements of this article.

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 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 and other persons in the 
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Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control 

Areas designated in 9VAC5-20-206.

D. For purposes of this article, the terms "supply" or "supplied" do not include 

internal transactions within a business or governmental entity. These terms only apply 

to transactions between manufacturers/commercial distributors that sell, or otherwise 

provide, products to businesses/governmental entities/individuals.

9VAC5-45-300. 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 in this section).

VOC content = one of the following:
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1. For all products except for charcoal lighter material products:

where:

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

B = total weight of all VOCs per unit.

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

9VAC5-45-290.

2. For charcoal lighter material products only:

where:

Certified emissions = (see definition in this section).

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

"ACP limit" means the maximum allowable ACP emissions during the 

compliance period specified in an ACP agreement approving an ACP, expressed to the 

nearest pound of VOC and calculated according to the following equation:

where:

where:

Enforceable sales = (see definition in this section).

ACP standard = (see definition in this section).

1, 2, ...N = each product in an ACP up to the maximum N.
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"ACP product" means any consumer product subject to the VOC 

standards specified in 9VAC5-45-310 A, except those products that have been 

exempted as innovative products under 9VAC5-45-330.

"ACP reformulation" or "ACP reformulated" means the process of 

reducing the VOC content of an ACP product within the period that an ACP is in effect 

to a level that is less than the current VOC content of the product.

"ACP standard" means either the ACP product's pre-ACP VOC content or 

the applicable VOC standard specified in 9VAC5-45-310 A, whichever is the lesser of 

the two.

"ACP VOC standard" means the maximum allowable VOC content for an 

ACP product, determined as follows:

1. The applicable VOC standard specified in 9VAC5-45-310 A for 

all ACP products except for charcoal lighter material;

2. For charcoal lighter material products only, the VOC standard for 

the purposes of this article shall be calculated according to the following equation:

where:

0.020 = the certification emissions level for the product, as 

specified in 9VAC5-45-310 F.

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

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

another by attachment. Adhesive does not include products used on humans and 

animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with 

an adhesive incorporated onto or in an inert substrate. For contact adhesive only, 

adhesive also does not include units of product, less packaging, 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 
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products that remove adhesives intended exclusively for use on humans or animals. 

For the purpose of this definition, adhesive shall mean a substance used to bond one 

or more materials. Adhesives include, but are not limited to, caulks, sealants, glues, or 

similar substances used for the purpose of forming a bond.

"Aerosol adhesive" means an aerosol product in which the spray 

mechanism is permanently housed in a nonrefillable can designed for hand-held 

application without the need for ancillary hoses or spray equipment. Aerosol adhesives 

include special purpose spray adhesives, mist spray adhesives, and web spray 

adhesives.

"Aerosol cooking spray" means any aerosol product designed either to 

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

"Aerosol product" means a pressurized spray system that dispenses 

product ingredients by means of a propellant contained in a product or a product's 

carrier, or by means of a mechanically induced force. Aerosol product does not include 

pump sprays.

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

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

processing of any animal or plant crop. Agricultural use does not include the sale or use 

of pesticides in properly labeled packages or containers that are intended for home use, 

use in structural pest control, industrial use, or institutional use. For the purposes of this 

definition only:

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

environment.

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

chemical process or use in the operation of factories, processing plants, and similar 

sites.

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

property necessary for the operation of, buildings such as hospitals, schools, libraries, 

auditoriums, and office complexes.

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

the applicable state pesticide licensing requirement.

"Air freshener" means any consumer product including, but not limited to, 

sprays, wicks, powders, and crystals, designed for the purpose of masking odors or 

freshening, cleaning, scenting, or deodorizing the air. Air fresheners do not include 
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products that are used on the human body, products that function primarily as cleaning 

products (as indicated on a product label), disinfectant products claiming to deodorize 

by killing germs on surfaces, or institutional or industrial disinfectants when offered for 

sale solely through institutional and industrial channels of distribution. Air fresheners do 

include spray disinfectants and other products that are expressly represented for use as 

air fresheners, except institutional and industrial disinfectants when offered for sale 

through institutional and industrial channels of distribution. To determine whether a 

product is an air freshener, all verbal and visual representations regarding product use 

on the label or packaging and in the product's literature and advertising may be 

considered. The presence of, and representations about, a product's fragrance and 

ability to deodorize (resulting from surface application) shall not constitute a claim of air 

freshening.

"All other carbon-containing compounds" means all other compounds that 

contain at least one carbon atom and are not an "exempt compound" or an "LVP-VOC."

"All other forms" means all consumer product forms for which no formspecific VOC standard is specified. Unless specified otherwise by the applicable VOC 

standard, all other forms include, but are not limited to, solids, liquids, wicks, powders, 

crystals, and cloth or paper wipes (towelettes).

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

program approved by the board pursuant to the provisions of this article.

"Antimicrobial hand or body cleaner or soap" means a cleaner or soap 

that is designed to reduce the level of microorganisms on the skin through germicidal 

activity. Antimicrobial hand or body cleaner or soap includes, but is not limited to, 

antimicrobial hand or body washes or cleaners, food handler hand washes, healthcare 

personnel hand washes, pre-operative skin preparations, and surgical scrubs. 

Antimicrobial hand or body cleaner or soap does not include prescription drug products, 

antiperspirants, astringent or toner, deodorant, facial cleaner or soap, general-use hand 

or body cleaner or soap, hand dishwashing detergent (including antimicrobial), heavyduty hand cleaner or soap, medicated astringent or medicated toner, and rubbing 

alcohol.

"Antiperspirant" means any product including, but not limited to, aerosols, 

roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the 

manufacturer to be used to reduce perspiration in the human axilla by at least 20% in at 

least 50% of a target population.

"Architectural coating" means a coating applied to stationary structures 

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

"ASTM" means the American Society for Testing and Materials.
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"Astringent or toner" means any product not regulated as a drug by the 

United States Food and Drug Administration that is applied to the skin for the purpose 

of cleaning or tightening pores. This category also includes clarifiers and substrateimpregnated products. This category does not include any hand, face, or body cleaner 

or soap product, medicated astringent or medicated toner, cold cream, lotion, or 

antiperspirant.

"Automotive brake cleaner" means a cleaning product designed to remove 

oil, grease, brake fluid, brake pad material, or dirt from motor vehicle brake 

mechanisms.

"Automotive hard paste wax" means an automotive wax or polish that is:

1. Designed to protect and improve the appearance of automotive 

paint surfaces;

2. A solid at room temperature; and

3. Contains no water.

"Automotive instant detailer" means a product designed for use in a pump 

spray that is applied to the painted surface of automobiles and wiped off prior to the 

product being allowed to dry.

"Automotive rubbing or polishing compound" means a product designed 

primarily to remove oxidation, old paint, scratches or swirl marks, and other defects 

from the painted surfaces of motor vehicles without leaving a protective barrier.

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

seal out moisture, increase gloss, or otherwise enhance a motor vehicle's painted 

surfaces. Automotive wax, polish, sealant, or glaze includes, but is not limited to, 

products designed for use in auto body repair shops and drive-through car washes, as 

well as products designed for the general public. Automotive wax, polish, sealant, or 

glaze does not include automotive rubbing or polishing compounds, automotive wash 

and wax products, surfactant-containing car wash products, and products designed for 

use on unpainted surfaces such as bare metal, chrome, glass, or plastic.

"Automotive windshield washer fluid" means any liquid designed for use in 

a motor vehicle windshield washer system either as an antifreeze or for the purpose of 

cleaning, washing, or wetting the windshield. Automotive windshield washer fluid also 

includes liquids that are (i) packaged as a pre-wetted, single-use manual wipe and (ii) 

designed exclusively for cleaning, washing, or wetting automotive glass surfaces for the 

purpose of restoring or maintaining visibility for the driver. Glass cleaners that are 
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intended for use on other glass surfaces are not included in this definition. Automotive 

windshield washer fluid does not include fluids placed by the manufacturer in a new 

vehicle.

"Bathroom and tile cleaner" means a product designed to clean tile or 

surfaces in bathrooms. Bathroom and tile cleaners do not include products designed 

primarily to clean toilet bowls or toilet tanks.

"Bug and tar remover" means a product labeled to remove either or both 

of the following from painted motor vehicle surfaces without causing damage to the 

finish: (i) biological residues, such as insect carcasses and tree sap, and (ii) road grime, 

such as road tar, roadway paint markings, and asphalt.

"CARB" means the California Air Resources Board.

"Carburetor or fuel-injection air intake 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 products designed exclusively for use at 

industrial facilities engaged in furniture or carpet manufacturing.

"Certified emissions" means the emissions level for products approved 

under 9VAC5-45-310 F, as determined pursuant to South Coast Air Quality 

Management District Rule 1174 Ignition Method Compliance Certification Protocol (see 

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

"Certified use rate" means the usage level for products approved under 

9VAC5-45-310 F, as determined pursuant to South Coast Air Quality Management 

District Rule 1174 Ignition Method Compliance Certification Protocol (see 9VAC5-20-

21), expressed to the nearest 0.001 pound certified product used per start.

"Charcoal lighter material" means any combustible material designed to 

be applied on, incorporated in, added to, or used with charcoal to enhance ignition. 

Charcoal lighter material does not include any of the following:
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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 onecomponent adhesive that is designed exclusively for the installation, remodeling, 

maintenance, or repair of:

1. Structural and building components that include, but are not 

limited to, beams, trusses, studs, paneling (drywall or drywall laminates, fiberglass 

reinforced plastic (FRP), plywood, particle board, insulation board, predecorated 

hardboard or tileboard, etc.), ceiling and acoustical tile, molding, fixtures, countertops or 

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

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

or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible 

flooring material, nonresilient flooring material, mirror tiles and other types of tiles, and 

artificial grass.

Construction, panel, and floor covering adhesive does not include floor seam sealer.

"Consumer" means a person who purchases or acquires a consumer 

product for personal, family, household, or institutional use. Persons acquiring a 

consumer product for resale are not consumers for that product.

"Consumer product" means a chemically formulated product used by 

household and institutional consumers including, but not limited to, detergents; cleaning 

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

and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty 

products, but does not include other paint products, furniture coatings, or architectural 
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coatings. As used in this article, consumer products shall also refer to aerosol 

adhesives, including aerosol adhesives used for consumer, industrial or commercial 

uses.

"Contact adhesive" means an adhesive that:

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

together;

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

with each other;

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

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

and

4. Does not need sustained pressure or clamping of surfaces after 

the adhesive-coated surfaces have been brought together using sufficient momentary 

pressure to establish full contact between both surfaces.

Contact adhesive does not include rubber cements that are primarily intended for use 

on paper substrates. Contact adhesive also does not include vulcanizing fluids that are 

designed and labeled for tire repair only.

"Contact person" means a representative that has been designated by the 

responsible ACP party for the purpose of reporting or maintaining information specified 

in the ACP agreement approving an ACP.

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

institutional product that serve only to contain, enclose, incorporate, deliver, dispense, 

wrap, or store the chemically formulated substance or mixture of substances that is 

solely responsible for accomplishing the purposes for which the product was designed 

or intended. Containers or packaging include any article onto or into which the principal 

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

printed, or attached.

"Crawling bug insecticide" means an insecticide product that is designed 

for use against ants, cockroaches, or other household crawling arthropods, including, 

but not limited to, mites, silverfish, or spiders. Crawling bug insecticide does not include 

products designed to be used exclusively on humans or animals or a house dust mite 

product. For the purposes of this definition only:

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

packaging, or accompanying literature states that the product is suitable for use against 
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house dust mites, but does not indicate that the product is suitable for use against ants, 

cockroaches, or other household crawling arthropods.

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

shed in the home by humans and pets and that belong to the phylum Arthropoda, the 

subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, 

and the family Pyroglyphidae.

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

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

"Deodorant" means any product that is intended by the manufacturer to 

be used to minimize odor in the human axilla by retarding the growth of bacteria that 

cause the decomposition of perspiration. Deodorant includes, but is not limited to, 

aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles.

"Device" means an instrument or contrivance (other than a firearm) that is 

designed for trapping, destroying, repelling, or mitigating a pest or other form of plant or 

animal life (other than human and other than bacterium, virus, or another 

microorganism on or in living humans or other living animals); but not including 

equipment used for the application of pesticides when sold separately therefrom.

"Disinfectant" means a product intended to destroy or irreversibly 

inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on 

surfaces or inanimate objects 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 
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be shaken before use to mix the phases, producing an emulsion.

"Dry cleaning fluid" means a nonaqueous liquid product designed and 

labeled exclusively for use on:

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

drapery; or

2. S-coded fabrics.

Dry cleaning fluid includes, but is not limited to, those products used by commercial dry 

cleaners and commercial businesses that clean fabrics such as draperies at the 

customer's residence or work place. Dry cleaning fluid does not include spot remover or 

carpet and upholstery cleaner. For the purposes of this definition, "S-coded fabric" 

means an upholstery fabric designed to be cleaned only with water-free spot cleaning 

products as specified by the American Furniture Manufacturers Association Joint 

Industry Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric 

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

"Dusting aid" means a product designed to assist in removing dust and 

other soils from floors and other surfaces without leaving a wax or silicone-based 

coating. Dusting aid does not include pressurized gas dusters.

"Electronic cleaner" means a product labeled for the removal of dirt, 

grease, or grime from electrical equipment such as electric motors, circuit boards, 

electricity panels, and generators.

"Enforceable sales" means the total amount of an ACP product sold for 

use in the applicable volatile organic compound emissions control areas designated in 

9VAC5-45-280 C during the applicable compliance period specified in the ACP 

agreement approving an ACP, as determined through enforceable sales records 

(expressed to the nearest pound, excluding product container and packaging).

"Enforceable sales record" means a written, point-of-sale record or 

another board-approved system of documentation from which the mass, in pounds 

(less product container and packaging), of an ACP product sold to the end user in the 

applicable volatile organic compound emissions control areas designated in 9VAC5-45-

280 C during the applicable compliance period can be accurately documented. For the 

purposes of this article, enforceable sales records include, but are not limited to, the 

following types of records:

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

user during the applicable compliance period;
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2. Accurate compilations, made by independent market surveying 

services, of direct retail or other outlet sales to the end users for the applicable 

compliance period, provided that a detailed method that can be used to verify data 

composing such summaries is submitted by the responsible ACP party and approved 

by the board; and

3. Other accurate product sales records acceptable to the board.

"Engine degreaser" means a cleaning product designed to remove 

grease, grime, oil, and other contaminants from the external surfaces of engines and 

other mechanical parts.

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

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), or perchloroethylene 

(tetrachloroethylene).

"Fabric protectant" means a product designed to be applied to fabric 

substrates to protect the surface from soiling from dirt and other impurities or to reduce 

absorption of liquid into the fabric's fibers. Fabric protectant does not include 

waterproofers, products designed for use solely on leather, or products designed for 

use solely on fabrics that are labeled "for dry clean only" and sold in containers of 10 

fluid ounces or less.

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

clean the face. Facial cleaner or soap includes, but is not limited to, facial cleansing 

creams, gels, liquids, lotions, and substrate-impregnated forms. Facial cleaner or soap 

does not include prescription drug products, antimicrobial hand or body cleaner or soap,

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

medicated toner, or rubbing alcohol.

"Fat wood" means pieces of wood kindling with high naturally-occurring 

levels of sap or resin that enhance ignition of the kindling. Fat wood does not include 

kindling with substances added to enhance flammability, such as wax-covered or waximpregnated wood-based products.

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

USC § 136-136y).

"Flea and tick insecticide" means an insecticide product that is designed 

for use against fleas, ticks, their larvae, or their 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, 
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seamless vinyl, and vinyl composite flooring.

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

polish, protect, or enhance floor surfaces by leaving a protective coating that is 

designed to be periodically replenished. Floor polish or wax does not include spray buff 

products, products designed solely for the purpose of cleaning floors, floor finish 

strippers, products designed for unfinished wood floors, and coatings subject to 

architectural coatings regulations.

"Floor seam sealer" means a product designed and labeled exclusively for 

bonding, fusing, or sealing (coating) seams between adjoining rolls of installed flexible 

sheet flooring.

"Floor wax stripper" means a product designed to remove natural or 

synthetic floor polishes or waxes through breakdown of the polish or wax polymers or 

by dissolving or emulsifying the polish or wax. Floor wax stripper does not include 

aerosol floor wax strippers or products designed to remove floor wax solely through 

abrasion.

"Flying bug insecticide" means an insecticide product that is designed for 

use against flying insects or other flying arthropods, including but not limited to flies, 

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

insecticide, products that are designed to be used exclusively on humans or animals, or 

a moth-proofing product. For the purposes of this definition only, "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.

"Fragrance" means a substance or complex mixture of aroma chemicals, 

natural essential oils, and other functional components, the sole purpose of which is to 

impart an odor or scent, or to counteract a malodor.

"Furniture coating" means a paint designed for application to room 

furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, 

chairs, beds, and sofas.

"Furniture maintenance product" means a wax, polish, conditioner, or 

other product designed for the purpose of polishing, protecting, or enhancing finished 

wood surfaces other than floors. Furniture maintenance products do not include dusting 

aids, products designed solely for the purpose of cleaning, and products designed to 

leave a permanent finish such as stains, sanding sealers, and lacquers.

"Gel" means a colloid in which the disperse phase has combined with the 
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continuous phase to produce a semisolid material, such as jelly.

"General purpose adhesive" means a nonaerosol adhesive designed for 

use on a variety of substrates. General purpose adhesive does not include:

1. Contact adhesives;

2. Construction, panel, and floor covering adhesives;

3. Adhesives designed exclusively for application on one specific 

category of substrates (i.e., substrates that are composed of similar materials, such as 

different types of metals, paper products, ceramics, plastics, rubbers, or vinyls); or

4. Adhesives designed exclusively for use on one specific category 

of articles (i.e., articles that may be composed of different materials but perform a 

specific function, such as gaskets, automotive trim, weather-stripping, or carpets).

"General purpose cleaner" means a product designed for general allpurpose cleaning, in contrast to cleaning products designed to clean specific substrates 

in certain situations. General purpose cleaner includes products designed for general 

floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a 

variety of hard surfaces and does not include general purpose degreasers and 

electronic cleaners.

"General purpose degreaser" means a product labeled to remove or 

dissolve grease, grime, oil, and other oil-based contaminants from a variety of 

substrates, including automotive or miscellaneous metallic parts. General purpose 

degreaser does not include engine degreaser, general purpose cleaner, adhesive 

remover, electronic cleaner, metal polish or cleanser, products used exclusively in 

solvent cleaning tanks or related equipment, or products that are (i) sold exclusively to 

establishments that manufacture or construct goods or commodities; and (ii) labeled 

"not for retail sale." Solvent cleaning tanks or related equipment includes, but is not 

limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning 

machines, or products designed to clean miscellaneous metallic parts by immersion in a

container.

"General-use hand or body cleaner or soap" means a cleaner or soap 

designed to be used routinely on the skin to clean or remove typical or common dirt and 

soils. General-use hand or body cleaner or soap includes, but is not limited to, hand or 

body washes, dual-purpose shampoo-body cleaners, shower or bath gels, and 

moisturizing cleaners or soaps. General-use hand or body cleaner or soap does not 

include prescription drug products, antimicrobial hand or body cleaner or soap, 

astringent or toner, facial cleaner or soap, hand dishwashing detergent (including 

antimicrobial), heavy-duty hand cleaner or soap, medicated astringent or medicated 
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toner, or rubbing alcohol.

"Glass cleaner" means a cleaning product designed primarily for cleaning 

surfaces made of glass. Glass cleaner does not include products designed solely for 

the purpose of cleaning optical materials used in eyeglasses, photographic equipment, 

scientific equipment, and photocopying machines.

"Gross sales" means the estimated total sales of an ACP product in the 

applicable volatile organic compound emissions control areas designated in 9VAC5-45-

280 C during a specific compliance period (expressed to the nearest pound), based on 

either of the following methods, whichever the responsible ACP party demonstrates to 

the satisfaction of the board will provide an accurate sales estimate:

1. Apportionment of national or regional sales of the ACP product 

to sales, determined by multiplying the average national or regional sales of the product 

by the fraction of the national or regional population, respectively, that is represented by 

the current population of the applicable volatile organic compound emissions control 

areas designated in 9VAC5-45-280 C; or

2. Another documented method that provides an accurate estimate 

of the total current sales of the ACP product.

"Hair mousse" means a hairstyling foam designed to facilitate styling of a 

coiffure and provide limited holding power.

"Hair shine" means a product designed for the primary purpose of creating 

a shine when applied to the hair. Hair shine includes, but is not limited to, dual-use 

products designed primarily to impart a sheen to the hair. Hair shine does not include 

hair spray, hair mousse, hair styling gel or spray gel, or products whose primary 

purpose is to condition or hold the hair.

"Hair spray" means a consumer product designed primarily for the 

purpose of dispensing droplets of a resin on and into a hair coiffure that will impart 

sufficient rigidity to the coiffure to establish or retain the style for a period of time.

"Hair styling gel" means a high viscosity, often gelatinous, product that 

contains a resin and is designed for the application to hair to aid in styling and sculpting 

of the hair coiffure.

"Heavy-duty hand cleaner or soap" means a product designed to clean or 

remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer's ink, 

paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the 

use of water. Heavy-duty hand cleaner or soap does not include prescription drug 

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

toner, or rubbing alcohol.

"Herbicide" means a pesticide product designed to kill or retard a plant's 

growth, but excludes products that are (i) for agricultural use, or (ii) restricted materials

that require a permit for use and possession.

"High volatility organic compound" or "HVOC" means a volatile organic 

compound that exerts a vapor pressure greater than 80 millimeters of mercury (mm Hg) 

when measured at 20°C.

"Household product" means a consumer product that is primarily designed 

to be used inside or outside of living quarters or residences that are occupied or 

intended for occupation by people, including the immediate surroundings.

"Insecticide" means a pesticide product that is designed for use against 

insects or other arthropods, but excluding products that are:

1. For agricultural use;

2. For a use that requires a structural pest control license under 

applicable state laws or regulations; or

3. Materials classified for restricted use pursuant to 40 CFR 152.75 

and require a pesticide business license from the Virginia Pesticide Control Board 

pursuant to 2VAC20-40-20 for use and possession.

"Insecticide fogger" means an insecticide product designed to release all 

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

"Institutional product" or "industrial and institutional (I&I) product" means a 

consumer product that is designed for use in the maintenance or operation of an 

establishment that:

1. Manufactures, transports, or sells goods or commodities, or 

provides services for profit; or

2. Is engaged in the nonprofit promotion of a particular public, 

educational, or charitable cause.

Establishments include, but are not limited to, government agencies, factories, schools, 

hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts 

centers, health clubs, theaters, or transportation companies. Institutional product does 

not include household products and products that are incorporated into or used 
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exclusively in the manufacture or construction of the goods or commodities at the site of 

the establishment.

"Label" means written, printed, or graphic matter affixed to, applied to, 

attached to, blown into, formed, molded into, embossed on, or appearing upon a 

consumer product or consumer product package, for purposes of branding, identifying, 

or giving information with respect to the product or to the contents of the package.

"Laundry prewash" means a product that is designed for application to a 

fabric prior to laundering and that supplements and contributes to the effectiveness of 

laundry detergents or provides specialized performance.

"Laundry starch product" means a product that is designed for application 

to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look 

and may also act to help ease ironing of the fabric. Laundry starch product includes, but 

is not limited to, fabric finish, sizing, and starch.

"Lawn and garden insecticide" means an insecticide product labeled 

primarily to be used in household lawn and garden areas to protect plants from insects 

or other arthropods. Notwithstanding the requirements of 9VAC5-45-340 C, aerosol 

lawn and garden insecticides may claim to kill insects or other arthropods.

"Liquid" means a substance or mixture of substances that is capable of a 

visually detectable flow as determined under ASTM "Standard Test Method for 

Determining Whether a Material is a Liquid or a Solid" (see 9VAC5-20-21). Liquid does 

not include powders or other materials that are composed entirely of solid particles.

"Lubricant" means a product designed to reduce friction, heat, noise, or 

wear between moving parts, or to loosen rusted or immovable parts or mechanisms. 

Lubricant does not include automotive power steering fluids; products for use inside 

power generating motors, engines, and turbines, and their associated power-transfer 

gearboxes; two-cycle oils or other products designed to be added to fuels; products for 

use on the human body or animals; or products that are:

1. Sold exclusively to establishments that manufacture or construct 

goods or commodities; and

2. Labeled "not for retail sale."

"LVP content" means the total weight, in pounds, of 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 
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one carbon atom and meets one of the following:

1. Has a vapor pressure less than 0.1 mm Hg at 20°C, as 

determined by CARB Method 310 (see 9VAC5-20-21);

2. Is a chemical compound with more than 12 carbon atoms, or a 

chemical mixture composed solely of compounds with more than 12 carbon atoms, and 

the vapor pressure is unknown;

3. Is a chemical compound with a boiling point greater than 216°C, 

as determined by CARB Method 310 (see 9VAC5-20-21); or

4. Is the weight percent of a chemical mixture that boils above 

216°C, as determined by CARB Method 310 (see 9VAC5-20-21).

For the purposes of the definition of LVP-VOC, "chemical compound" means a 

molecule of definite chemical formula and isomeric structure, and "chemical mixture" 

means a substrate composed of two or more chemical compounds.

"Manufacturer" means a person who imports, manufactures, assembles, 

produces, packages, repackages, or relabels a consumer product.

"Medicated astringent or medicated toner" means a product regulated as 

a drug by the United States Food and Drug Administration that is applied to the skin for 

the purpose of cleaning or tightening pores. Medicated astringent or medicated toner 

includes, but is not limited to, clarifiers and substrate-impregnated products. Medicated 

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

products, astringent or toner, cold cream, lotion, antiperspirants, or products that must 

be purchased with a doctor's prescription.

"Medium volatility organic compound" or "MVOC" means a volatile organic 

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

80 mm Hg when measured at 20°C.

"Metal polish or cleanser" means a product designed primarily to improve 

the appearance of finished metal, metallic, or metallized surfaces by physical or 

chemical action. To "improve the appearance" means to remove or reduce stains, 

impurities, or oxidation from surfaces or to make surfaces smooth and shiny. Metal 

polish or cleanser includes, but is not limited to, metal polishes used on brass, silver, 

chrome, copper, stainless steel, and other ornamental metals. Metal polish or cleanser 

does not include automotive wax, polish, sealant, or glaze, wheel cleaner, paint 

remover or stripper, products designed and labeled exclusively for automotive and 

marine detailing, or products designed for use in degreasing tanks.
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"Missing data days" means the number of days in a compliance period for 

which the responsible ACP party has failed to provide the required enforceable sales or 

VOC content data to the board, as specified in the ACP agreement.

"Mist spray adhesive" means an aerosol that is not a special purpose 

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

fine, discrete particles that yield a generally uniform and smooth application of adhesive 

to the substrate.

"Multipurpose dry lubricant" means a lubricant that is:

1. Designed and labeled to provide lubricity by depositing a thin film 

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

fluoropolymer ("teflon") on surfaces; and

2. Designed for general purpose lubrication, or for use in a wide 

variety of applications.

"Multipurpose lubricant" means a lubricant designed for general purpose 

lubrication, or for use in a wide variety of applications. Multipurpose lubricant does not 

include multipurpose dry lubricants, penetrants, or silicone-based multipurpose 

lubricants.

"Multipurpose solvent" means an organic liquid designed to be used for a 

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

thinning, dispersing, or dissolving other organic materials. Multipurpose solvent includes 

solvents used in institutional facilities, except for laboratory reagents used in analytical, 

educational, research, scientific, or other laboratories. Multipurpose solvent does not 

include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or 

film cleaning machines, or solvents that are incorporated into, or used exclusively in the 

manufacture or construction of, the goods or commodities at the site of the 

establishment.

"Nail polish" means a clear or colored coating designed for application to 

the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, 

base coats, and top coats.

"Nail polish remover" means a product designed to remove nail polish and 

coatings from fingernails or toenails.

"Nonaerosol product" means a consumer product that is not dispensed by 

a pressurized spray system.

"Noncarbon containing compound" means a compound that does not 
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contain carbon atoms.

"Nonresilient flooring" means flooring of a mineral content that is not 

flexible. Nonresilient flooring includes but is not limited to terrazzo, marble, slate, 

granite, brick, stone, ceramic tile, and concrete.

"Nonselective terrestrial herbicide" means a terrestrial herbicide product 

that is toxic to plants without regard to species.

"One-product business" means a responsible ACP party that sells, 

supplies, offers for sale, or manufactures for use in the applicable volatile organic 

compound emissions control areas designated in 9VAC5-45-280 C:

1. Only one distinct ACP product, sold under one product brand 

name, which is subject to the requirements of 9VAC5-45-310; or

2. Only one distinct ACP product line subject to the requirements of 

9VAC5-45-310, in which all the ACP products belong to the same product category and 

the VOC contents in the products are within 98.0% and 102.0% of the arithmetic mean 

of the VOC contents over the entire product line.

"Oven cleaner" means a cleaning product designed to clean and to 

remove dried food deposits from oven walls.

"Paint" means a pigmented liquid, liquefiable, or mastic composition 

designed for application to a substrate in a thin layer that is converted to an opaque 

solid film after application and is used for protection, decoration or identification, or to 

serve some functional purpose such as the filling or concealing of surface irregularities 

or the modification of light and heat radiation characteristics.

"Paint remover or stripper" means a product designed to strip or remove 

paints or other related coatings, by chemical action, from a substrate without markedly 

affecting the substrate. Paint remover or stripper does not include 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 

coatings from skin.

"Penetrant" means a lubricant designed and labeled primarily to loosen 

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

Penetrant does not include multipurpose lubricants that claim to have penetrating 

qualities but are not labeled primarily to loosen bonded parts.

"Pesticide" means and includes a substance or mixture of substances 

labeled, designed, or intended for use in preventing, destroying, repelling, or mitigating 
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a pest, or a substance or mixture of substances labeled, designed, or intended for use 

as a defoliant, desiccant, or plant regulator, provided that the term "pesticide" will not 

include a substance, mixture of substances, or device that the U.S. Environmental 

Protection Agency does not consider to be a pesticide.

"Pre-ACP VOC content" means the lowest VOC content of an ACP 

product between January 1, 1990, and the date on which the application for a proposed 

ACP is submitted to the board, based on the data obtained from accurate records 

available to the board that yields the lowest VOC content for the product.

"Pressurized gas duster" means a pressurized product labeled to remove 

dust from a surface solely by means of mass air or gas flow, including surfaces such as 

photographs, photographic film negatives, computer keyboards, and other types of 

surfaces that cannot be cleaned with solvents. Pressurized gas duster does not include 

dusting aids.

"Principal display panel" means that part of a label that is so designed as 

to most likely be displayed, presented, shown, or examined under normal and 

customary conditions of display or purchase. Whenever a principal display panel 

appears more than once, all requirements pertaining to the principal display panel shall 

pertain to all such principal display panels.

"Product brand name" means the name of the product exactly as it 

appears on the principal display panel of the product.

"Product category" means the applicable category that best describes the 

product as listed in this section and in Table 45-3A in 9VAC5-45-310 A.

"Product form," for the purpose of complying with 9VAC5-45-390 

(notification, records and reporting) only, means the applicable form that most 

accurately describes the product's dispensing form as follows:

A = Aerosol Product.

S = Solid.

P = Pump Spray.

L = Liquid.

SS = Semisolid.

O = Other.

"Product line" means a group of products of identical form and function 

belonging to the same product category.

"Propellant" means a liquefied or compressed gas that is used in whole or 

in part, such as a cosolvent, to expel a liquid or other material from the same self-
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pressurized container or from a separate container.

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

within the container are not under pressure and in which the product is expelled only 

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

"Reconcile " or " reconciliation" [ "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 shortfalls have occurred, as approved by the board 

pursuant to 9VAC5-45-320 B 1 g (10).

"Responsible ACP party" means the company, firm, or establishment that 

is listed on the ACP product's label. If the label lists two or more companies, firms, or 

establishments, the responsible ACP party is the party that the ACP product was 

"manufactured for" or "distributed by," as noted on the label.

"Responsible party" means the company, firm, or establishment that is 

listed on the product's label. If the label lists two companies, firms, or establishments, 

the responsible party is the party that the product was "manufactured for" or "distributed 

by," as noted on the label.

"Restricted materials" means pesticides established as restricted 

materials under Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia.

"Retail outlet" means an establishment at which consumer products are 

sold, supplied, or offered for sale directly to consumers.

"Retailer" means a person who sells, supplies, or offers consumer 

products for sale directly to consumers.

"Roll-on product" means an antiperspirant or deodorant that dispenses 

active ingredients by rolling a wetted ball or wetted cylinder on the affected area.

"Rubber and vinyl protectant" means a product designed to protect, 

preserve, or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and 

household products such as vinyl covers, clothing, and accessories. Rubber and vinyl 

protectant does not include products primarily designed to clean the wheel rim, such as 

aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an 

appearance-enhancing or protective substance on the tire.
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"Rubbing alcohol" means a product containing isopropyl alcohol (also 

called isopropanol) or denatured ethanol and labeled for topical use, usually to 

decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a 

rubefacient, and for massage.

"Sealant and caulking compound" means a product with adhesive 

properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints 

between two surfaces. Sealant and caulking compound does not include roof cements 

and roof sealants; insulating foams; removable caulking compounds; clear or paintable 

or water resistant caulking compounds; floor seam sealers; products designed 

exclusively for automotive uses; or sealers that are applied as continuous coatings. 

Sealant and caulking compound also does not include units of product, less packaging, 

which weigh more than one pound and consist of more than 16 fluid ounces. For the 

purposes of this definition only, "removable caulking [ compounds ] compound" means 

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

intervals; and "clear or paintable or water resistant caulking [ compounds ] compound"

means a compound that contains no appreciable level of opaque fillers or pigments, 

transmits most or all visible light through the caulk when cured, is paintable, and is 

immediately resistant to precipitation upon application.

"Semisolid" means a product that, at room temperature, will not pour, but 

will spread or deform easily, including, but not limited to gels, pastes, and greases.

"Shaving cream" means an aerosol product that dispenses a foam lather 

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

removal of facial or other bodily hair.

"Shortfall" means the ACP emissions minus the ACP limit when the ACP 

emissions were greater than the ACP limit during a specified compliance period, 

expressed to the nearest pound of VOC. Shortfall does not include emissions occurring 

prior to the date that the ACP agreement approving an ACP is signed by the board.

"Silicone-based multipurpose lubricant" means a lubricant that is:

1. Designed and labeled to provide lubricity primarily through the 

use of silicone compounds including, but not limited to, polydimethylsiloxane; and

2. Designed and labeled for general purpose lubrication, or for use 

in a wide variety of applications.

Silicone-based multipurpose lubricant does not include products designed and labeled 

exclusively to release manufactured products from molds.

"Single phase aerosol air freshener" means an aerosol air freshener with 
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the liquid contents in a single homogeneous phase and that does not require that the 

product container be shaken before use.

"Small business" means any stationary source that is owned or operated 

by a person that employs 100 or fewer individuals; is a small business concern as 

defined in the federal Small Business Act; is not a major stationary source; does not 

emit 50 tons or more per year of any regulated pollutant; and emits less than 75 tons 

per year of all regulated pollutants.

"Solid" means a substance or mixture of substances that, either whole or 

subdivided (such as the particles composing a powder), is not capable of visually 

detectable flow as determined under ASTM "Standard Test Method for Determining 

Whether a Material is a Liquid or a Solid" (see 9VAC5-20-21).

"Special purpose spray adhesive" means an aerosol adhesive that meets 

any of the following definitions:

1. "Mounting adhesive" means an aerosol adhesive designed to 

permanently mount photographs, artwork, or other drawn or printed media to a backing 

(paper, board, cloth, etc.) without causing discoloration to the artwork.

2. "Flexible vinyl adhesive" means an aerosol adhesive designed to 

bond flexible vinyl to substrates. "Flexible vinyl" means a nonrigid polyvinyl chloride 

plastic with at least 5.0%, by weight, of plasticizer content. A plasticizer is a material, 

such as a high boiling point organic solvent, that is incorporated into a plastic to 

increase its flexibility, workability, or distensibility, and may be determined using ASTM 

"Standard Practice for Packed Column Gas Chromatography" (see 9VAC5-20-21) or 

from product formulation data.

3. "Polystyrene foam adhesive" means an aerosol adhesive 

designed to bond polystyrene foam to substrates.

4. "Automobile headliner adhesive" means an aerosol adhesive 

designed to bond together layers in motor vehicle headliners.

5. "Polyolefin adhesive" means an aerosol adhesive designed to 

bond polyolefins to substrates.

6. "Laminate repair or edgebanding adhesive" means an aerosol 

adhesive designed for:

a. The touch-up or repair of items laminated with high 

pressure laminates (e.g., lifted edges, delaminates, etc.); or
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b. The touch-up, repair, or attachment of edgebonding 

materials, including but not limited to, other laminates, synthetic marble, veneers, wood 

molding, and decorative metals.

For the purposes of this definition, "high pressure laminate" means sheet materials that 

consist of paper, fabric, or other core material that have been laminated at 

temperatures exceeding 265°F and at pressures between 1,000 and 1,400 psi.

7. "Automotive engine compartment adhesive" means an aerosol 

adhesive designed for use in motor vehicle under-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, such as drapes, carpets, upholstery, 

and clothing, that does not require subsequent laundering to achieve stain removal. 

Spot remover does not include dry cleaning fluid, laundry prewash, or multipurpose 

solvent.

"Spray buff product" means a product designed to restore a worn floor 

finish in conjunction with a floor buffing machine and special pad.

"Stick product" means an antiperspirant or a deodorant that contains 

active ingredients in a solid matrix form, and that dispenses the active ingredients by 

frictional action on the affected area.

"Structural waterproof adhesive" means an adhesive whose bond lines

are resistant to conditions of continuous immersion in fresh or salt water and that 

conforms with the definition in the federal consumer products regulation, 40 CFR 59 

Subpart C.

"Surplus reduction" means the ACP limit minus the ACP emissions when 

the ACP limit was greater than the ACP emissions during a given compliance period, 

expressed to the nearest pound of VOC. Except as provided in 9VAC5-45-320 F 3, 

surplus reduction does not include emissions occurring prior to the date that the ACP 

agreement approving an ACP is signed by the board.

"Surplus trading" means the buying, selling, or transfer of surplus 

reductions between responsible ACP parties.

"Terrestrial" means to live on or grow from land.

"Tire sealant and inflator" means a pressurized product that is designed to 

temporarily inflate and seal a leaking tire.
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"Total maximum historical emissions" or "TMHE" means the total VOC 

emissions from all ACP products for which the responsible ACP party has failed to 

submit the required VOC content or enforceable sales records. The TMHE shall be 

calculated for each ACP product during each portion of a compliance period for which 

the responsible ACP party has failed to provide the required VOC content or 

enforceable sales records. The TMHE shall be expressed to the nearest pound and 

calculated according to the following calculation:

where:

Highest VOC content = the maximum VOC content that the ACP product 

has contained in the previous five years, if the responsible ACP party has failed to meet 

the requirements for reporting VOC content data (for any portion of the compliance 

period), as specified in the ACP agreement approving the ACP, or the current actual 

VOC content, if the responsible ACP party has provided all required VOC Content data 

(for the entire compliance period), as specified in the ACP agreement.

Highest sales = the maximum one-year gross sales of the ACP product in 

the previous five years, if the responsible ACP party has failed to meet the 

requirements for reporting enforceable sales records (for any portion of the compliance 

period), as specified in the ACP agreement approving the ACP, or the current actual 

one-year enforceable sales for the product, if the responsible ACP party has provided 

all required enforceable sales records (for the entire compliance period), as specified in 

the ACP agreement approving the ACP.

Missing [ Data Days ] data days = (see definition in this section).

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

responsible ACP party has failed to submit the required enforceable sales or VOC 

content data as specified in the ACP agreement.

"Type A propellant" means a compressed gas such as CO2, N2, N2O, or 

compressed air that is used as a propellant and is either incorporated with the product 

or contained in a separate chamber within the product's packaging.

"Type B propellant" means a halocarbon that is used as a propellant 

including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and 

hydrofluorocarbons (HFCs).
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"Type C propellant" means a propellant that is not a Type A or Type B 

propellant, including propane, isobutane, n-butane, and dimethyl ether (also known as 

dimethyl oxide).

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

nonpaint layer to the undercarriage, trunk interior, or firewall of motor vehicles to 

prevent the formation of rust or to deaden sound. Undercoating includes, but is not 

limited to, rubberized, mastic, or asphaltic products.

"Usage directions" means the text or graphics on the product's principal 

display panel, label, or accompanying literature that describes to the end user how and 

in what quantity the product is to be used.

"VOC content" means, except for charcoal lighter products, the total 

weight of VOC in a product expressed as a percentage of the product weight (exclusive 

of the container or packaging), as determined pursuant to 9VAC5-45-370 B and C.

For charcoal lighter material products only,

where:

Certified emissions = (see definition in this section).

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

"Volatile organic compound" or "VOC" means volatile organic compound 

as defined in 9VAC5-10-20.

"Wasp and hornet insecticide" means an insecticide product that is 

designed for use against wasps, hornets, yellow jackets or bees by allowing the user to 

spray from a distance a directed stream or burst at the intended insects or their hiding 

place.

"Waterproofer" means a product designed and labeled exclusively to repel 

water from fabric or leather substrates. Waterproofer does not include fabric 

protectants.

"Wax" means a material or synthetic thermoplastic substance generally of 

high molecular weight hydrocarbons or high molecular weight esters of fatty acids or 

alcohols, except glycerol and high polymers (plastics). Wax includes, but is not limited 
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to, substances derived from the secretions of plants and animals such as carnauba wax

and beeswax, substances of a mineral origin such as ozocerite and paraffin, and 

synthetic polymers such as polyethylene.

"Web spray adhesive" means an aerosol adhesive that is not a mist spray 

or special purpose spray adhesive.

"Wood floor wax" means wax-based products for use solely on wood 

floors.

"Working day" means a day between Monday through Friday, inclusive, 

except for federal holidays.

9VAC5-45-310. Standard for volatile organic compounds.

A. Except as provided in 9VAC5-45-290, 9VAC5-45-320, and 9VAC5-45-330, no 

owner or other person shall (i) sell, supply, or offer for sale a consumer product 

manufactured on or after the applicable compliance date specified in 9VAC5-45-360 or 

(ii) manufacture for sale a consumer product on or after the applicable compliance date 

specified in 9VAC5-45-360, that contains volatile organic compounds in excess of the 

limits specified in Table 45-3A.

TABLE 45-3A

Product Category Percent VOC by 

Weight

Adhesives

Aerosol adhesives

Mist spray adhesive: 65%

Web spray adhesive: 55%

Special purpose spray adhesives

Automotive engine compartment adhesive: 70%

Automotive headliner adhesive: 65%

Flexible vinyl adhesive: 70%

Laminate repair or edgebanding adhesive: 60%

Mounting adhesive: 70%

Polystyrene foam adhesive: 65%

Polyolefin adhesive: 60%
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Contact adhesive: 80%

Construction, panel, and floor covering adhesive: 15%

General purpose adhesive: 10%

Structural waterproof adhesive: 15%

Air fresheners

Single-phase aerosol: 30%

Double-phase aerosol: 25%

Liquid/Pump spray: 18%

Solid/Gel: 3%

Antiperspirants

Aerosol: 40% HVOC,

10% MVOC

Nonaerosol: 0% HVOC, 

0% MVOC

Automotive brake cleaner: 45%

Automotive rubbing or polishing compound: 17%

Automotive wax, polish, sealant, or glaze

Hard paste wax: 45%

Instant detailer: 3%

All other forms: 15%

Automotive windshield washer fluid: 35%

Bathroom and tile cleaners

Aerosol: 7%

All other forms: 5%

Bug and tar remover: 40%

Carburetor or fuel-injection air intake cleaner: 45%

Carpet and upholstery cleaners

Aerosol: 7%

Nonaerosol (dilutable): 0.1%

Nonaerosol (ready-to-use): 3.0%
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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

Aerosol: 10%

Nonaerosol: 4%

General purpose degreasers

Aerosol: 50%

Nonaerosol: 4%

Glass cleaners
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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%

[ Multi-purpose ] 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%
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Penetrant: 50%

Rubber and vinyl protectants

Nonaerosol: 3%

Aerosol: 10%

Sealant and caulking compound: 4%

Shaving cream: 5%

Silicone-based multipurpose lubricant (excluding solid or 

semi-solid products): 

60%

Spot removers

Aerosol: 25%

Nonaerosol: 8%

Tire sealant and inflator: 20%

Undercoating, aerosol: 40%

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

sale an antiperspirant or a deodorant that contains a compound that has been defined 

as a toxic pollutant in 9VAC5-60-210 C.

C. Provisions follow concerning products that are diluted prior to use.

1. For consumer products for which the label, packaging, or 

accompanying literature specifically states that the product should be diluted with water 

or non-VOC solvent prior to use, the limits specified in Table 45-3A shall apply to the 

product only after the minimum recommended dilution has taken place. For purposes of 

this subsection, "minimum recommended dilution" shall not include recommendations 

for incidental use of a concentrated product to deal with limited special applications 

such as hard-to-remove soils or stains.

2. For consumer products for which the label, packaging, or 

accompanying literature states that the product should be diluted with a VOC solvent 

prior to use, the limits specified in Table 45-3A shall apply to the product only after the 

maximum recommended dilution has taken place.

D. The following provisions apply to sell through of consumer products 

manufactured before [ 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 applicable 
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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 manufactured 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 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 manufacture, or a code indicating the date of manufacture, on the 

product container or package does not exempt the owner or product from the provisions 

of this article.

E. For those consumer products that are registered under FIFRA, the effective 

date of the VOC standards shall be one year after the applicable compliance date 

specified in 9VAC5-45-360.

F. The following requirements shall apply to all charcoal lighter material products:

1. Effective as of the applicable compliance date specified in 9VAC5-45-

360, no owner or other person shall (i) sell, supply, or offer for sale a charcoal lighter 

material product manufactured on or after the applicable compliance date or (ii) 

manufacture for sale a charcoal lighter material product unless at the time of the 

transaction:

a. The manufacturer can demonstrate to the board's satisfaction 

that [ they have ] it has been issued a currently effective certification by CARB under 

the Consumer Products provisions under Subchapter 8.5, Article 2, § 94509(h), of Title 

17 of the California Code of Regulations (see 9VAC5-20-21). This certification remains 

in effect for as long as the CARB certification remains in effect. A manufacturer 

claiming such a certification on this basis must submit to the board a copy of the 

certification decision (i.e., the executive order), including all conditions established by 

CARB applicable to the certification.

b. The manufacturer or distributor of the charcoal lighter material 

has been issued a currently effective certification pursuant to subdivision 2 of this 

subsection.

c. The charcoal lighter material meets the formulation criteria and 

other conditions specified in the applicable ACP agreement issued pursuant to 
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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 of 9VAC5-45-310 A and this 

subsection.

b. The board may approve alternative test procedures that are 

shown to provide equivalent results to those obtained using the South Coast Air Quality 

Management District Rule 1174 Ignition Method Compliance Certification Protocol (see 

9VAC5-20-21).

c. A manufacturer or distributor of charcoal lighter material may 

apply to the board for certification of a charcoal lighter material formulation in 

accordance with this subdivision. The application shall be in writing and shall include, at 

a minimum, the following:

(1) The results of testing conducted pursuant to the 

procedures specified in South Coast Air Quality Management District Rule 1174 Testing 

Protocol (see 9VAC5-20-21); and

(2) The exact text or graphics that will appear on the 

charcoal lighter material's principal display panel, label, or accompanying literature. The 

provided material shall clearly show the usage directions for the product. These 

directions shall accurately reflect the quantity of charcoal lighter material per pound of 

charcoal that was used in the South Coast Air Quality Management District Rule 1174 

Testing Protocol (see 9VAC5-20-21) for that product, unless:

(a) The charcoal lighter material is intended to be 

used in fixed amounts independent of the amount of charcoal used, such as certain 

paraffin cubes, or

(b) The charcoal lighter material is already 

incorporated into the charcoal, such as certain "bag light," "instant light" or "match light" 
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products.

(3) For a charcoal lighter material that meets the criteria 

specified in subdivision 2 c (2) (a) of this subsection, the usage instructions provided to 

the board will accurately reflect the quantity of charcoal lighter material used in the 

South Coast Air Quality Management District Rule 1174 Testing Protocol (see 9VAC5-

20-21) for that product.

(4) Physical property data, formulation data, or other 

information required by the board for use in determining when a product modification 

has occurred and for use in determining compliance with the conditions specified on the 

ACP agreement issued pursuant to subdivision 2 e of this subsection.

d. Within 30 days of receipt of an application, the board will advise 

the applicant in writing either that it is complete or that specified additional information 

is required to make it complete. Within 30 days of receipt of additional information, the 

board will advise the applicant in writing either that the application is complete, or that 

specified additional information or testing is still required before it can be deemed 

complete.

e. If the board finds that an application meets the requirements of 

subdivision 2 of this subsection, then an ACP agreement shall be issued certifying the 

charcoal lighter material formulation and specifying such conditions as are necessary to 

insure that the requirements of this subsection are met. The board will act on a 

complete application within 90 days after the application is deemed complete.

3. For charcoal lighter material for which certification has been granted 

pursuant to subdivision 2 of this subsection, the applicant for certification shall notify the 

board in writing within 30 days of: (i) a change in the usage directions, or (ii) a change in

product formulation, test results, or other information submitted pursuant to subdivision 

2 of this subsection that may result in VOC emissions greater than 0.020 pound of VOC 

per start.

4. If the board determines that a certified charcoal lighter material 

formulation results in VOC emissions from the ignition of charcoal that are greater than 

0.020 pound of VOC per start, as determined by the South Coast Air Quality 

Management District Rule 1174 Testing Protocol (see 9VAC5-20-21) and the statistical 

analysis procedures contained therein, the board will revoke or modify the certification 

as is necessary to assure that the charcoal lighter material will result in VOC emissions 

of less than or equal to 0.020 pound of VOC per start. 

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

1. The standards for aerosol adhesives apply to all uses of aerosol 
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adhesives, including consumer, industrial, and commercial uses. Except as otherwise 

provided in 9VAC5-45-290 and 9VAC5-45-330, no owner or other person shall sell, 

supply, offer for sale, use or manufacture for sale an aerosol adhesive that, at the time 

of sale, use, or manufacture, contains VOCs in excess of the specified standard.

2. a. In order to qualify as a "special purpose spray adhesive," the product 

must meet one or more of the definitions for special purpose spray adhesive specified 

in 9VAC5-45-300 C, but if the product label indicates that the product is suitable for use 

on a substrate or application not listed in 9VAC5-45-300 C, then the product shall be 

classified as either a "web spray adhesive" or a "mist spray adhesive."

b. If a product meets more than one of the definitions specified in 

9VAC5-45-300 C for "special purpose spray adhesive," and is not classified as a "web 

spray adhesive" or "mist spray adhesive" under subdivision 2 a of this subsection, then 

the VOC limit for the product shall be the lowest applicable VOC limit specified in 

9VAC5-45-310 A.

3. Effective as of the applicable compliance dates specified in 9VAC5-45-

360, no person shall (i) sell, supply, or offer for sale an aerosol adhesive manufactured

on or after the applicable compliance date or (ii) manufacture for sale an aerosol 

adhesive that contains any of the following compounds: methylene chloride, 

perchloroethylene, or trichloroethylene.

4. All aerosol adhesives must comply with the labeling requirements 

specified in 9VAC5-45-340 D.

H. Effective as of the applicable compliance date specified in 9VAC5-45-360, no 

owner or other person shall sell, supply, offer for sale, or manufacture for use a floor 

wax stripper unless the following requirements are met:

1. The label of each nonaerosol floor wax stripper must specify a dilution 

ratio for light or medium build-up of polish that results in an as-used VOC concentration 

of 3.0% by weight or less.

2. If a nonaerosol floor wax stripper is also intended to be used for 

removal of heavy build-up of polish, the label of that floor wax stripper must specify a 

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

of 12% by weight or less.

3. The terms "light build-up," "medium build-up" or "heavy build-up" are 

not specifically required as long as comparable terminology is used.

I. For a consumer product for which standards are specified under subsection A 

of this section, no owner or other person shall sell, supply, offer for sale, or manufacture 
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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 ozonedepleting compounds that may be present as impurities in a consumer product in an 

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

9VAC5-45-320. Alternative control plan (ACP) for consumer products.

A. 1. Manufacturers of consumer products may seek an ACP agreement in 

accordance with subsections B through L of this section.

2. Only responsible ACP parties for consumer products may enter into an 

ACP agreement under the provisions of this section.

B. Provisions follow concerning the requirements and process for approval of an 

ACP.

1. To be considered by the board for approval, an application for a 

proposed ACP shall be submitted in writing to the board by the responsible ACP party 

and shall contain all of the following:

a. An identification of the contact persons, phone numbers, names, 

and addresses of the responsible ACP party that is submitting the ACP application and 

will be implementing the ACP requirements specified in the ACP agreement.

b. A statement of whether the responsible ACP party is a small 

business or a one-product business.
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c. A listing of the exact product brand name, form, available 

variations (flavors, scents, colors, sizes, etc.), and applicable product category for each 

distinct ACP product that is proposed for inclusion in the ACP.

d. For each proposed ACP product identified in subdivision 1 c of 

this subsection, a demonstration to the satisfaction of the board that the enforceable 

sales records to be used by the responsible ACP party for tracking product sales meet 

the minimum criteria specified in subdivision 1 d (5) of this subsection. To provide this 

demonstration, the responsible ACP party shall either demonstrate to the satisfaction of 

the board that other records provided to the board in writing by the responsible ACP 

party meet the minimum criteria of subdivision 1 d (5) of this subsection for tracking 

product sales of each ACP product, or do all of the following:

(1) Provide the contact persons, phone numbers, names, 

street and mail addresses of all persons and businesses who will provide information 

that will be used to determine the enforceable sales;

(2) Determine the enforceable sales of each product using 

enforceable sales records;

(3) Demonstrate, to the satisfaction of the board, the validity 

of the enforceable sales based on enforceable sales records provided by the contact 

persons or the responsible ACP party;

(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;

(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 
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were used at any time within the four years prior to the date of submittal of the 

application for an ACP if either the VOC or LVP contents have varied by more than plus 

or minus 10% of the VOC or LVP contents reported in subdivision 1 e (2) (a) of this 

subsection.

f. A written commitment obligating the responsible ACP party to 

date-code every unit of each ACP product approved for inclusion in the ACP. The 

commitment shall require the responsible ACP party to display the date-code on each 

ACP product container or package no later than five working days after the date an 

ACP agreement approving an ACP is signed by the board.

g. An operational plan covering all the products identified under 

subdivision 1 d (5) of this subsection for each compliance period that the ACP will be in 

effect. The operational plan shall contain all of the following:

(1) An identification of the compliance periods and dates for 

the responsible ACP party to report the information required by the board in the ACP 

agreement approving an ACP. The length of the compliance period shall be chosen by 

the responsible ACP party (not to exceed 365 days). The responsible ACP party shall 

also choose the dates for reporting information such that all required VOC content and 

enforceable sales data for all ACP products shall be reported to the board at the same 

time and at the same frequency.

(2) An identification of specific enforceable sales records to 

be provided to the board for enforcing the provisions of this article and the ACP 

agreement approving an ACP. The enforceable sales records shall be provided to the 

board no later than the compliance period dates specified in subdivision 1 g (1) of this 

subsection.

(3) For a small business or a one-product business that will 

be relying to some extent on surplus trading to meet its ACP limits, a written 

commitment from the responsible ACP party that they will transfer the surplus 

reductions to the small business or one-product business upon approval of the ACP.

(4) For each ACP product, all VOC content levels that will be 

applicable for the ACP product during each compliance period. The plan shall also 

identify the specific method by which the VOC content will be determined and the 

statistical accuracy and precision (repeatability and reproducibility) will be calculated for 

each specified method.

(5) The projected enforceable sales for each ACP product at 

each different VOC content for every compliance period that the ACP will be in effect.

(6) A detailed demonstration showing the combination of 
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specific ACP reformulations or surplus trading (if applicable) that is sufficient to ensure 

that the ACP emissions will not exceed the ACP limit for each compliance period that 

the ACP will be in effect, the approximate date within each compliance period that such

reformulations or surplus trading are expected to occur, and the extent to which the 

VOC contents of the ACP products will be reduced (i.e., by ACP reformulation). This 

demonstration shall use the equations specified in 9VAC5-45-300 C for projecting the 

ACP emissions and ACP limits during each compliance period. This demonstration 

shall also include all VOC content levels and projected enforceable sales for all ACP 

products to be sold during each compliance period.

(7) A certification that all reductions in the VOC content of a 

product will be real, actual reductions that do not result from changing product names, 

mischaracterizing ACP product reformulations that have occurred in the past, or other 

attempts to circumvent the provisions of this article.

(8) Written explanations of the date-codes that will be 

displayed on each ACP product's container or packaging.

(9) A statement of the approximate dates by which the 

responsible ACP party plans to meet the applicable ACP VOC standards for each 

product in the ACP.

(10) An operational plan ("reconciliation of shortfalls plan") 

that commits the responsible ACP party to completely reconcile shortfalls, even, to the 

extent permitted by law, if the responsible ACP party files for bankruptcy protection. The

plan for reconciliation of shortfalls shall contain all of the following:

(a) A clear and convincing demonstration of how 

shortfalls of up to 5.0%, 10%, 15%, 25%, 50%, 75% and 100% of the applicable ACP 

limit will be completely 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 
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section, the board will issue an ACP agreement approving an ACP that meets the 

requirements of this article. The board will specify such terms and conditions as are 

necessary to ensure that the emissions from the ACP products do not exceed the 

emissions that would have occurred if the ACP products subject to the ACP had met 

the VOC standards specified in 9VAC5-45-310 A. The ACP shall also include:

(1) Only those ACP products for which the enforceable sales 

are at least 75% of the gross sales as determined in subdivision 1 d (5) of this 

subsection;

(2) A reconciliation of shortfalls plan meeting the 

requirements of this article; and

(3) Operational terms, conditions, and data to be reported to 

the board to ensure that all requirements of this article are met.

b. The board will not approve an ACP submitted by a responsible 

ACP party if the board determines, upon review of the responsible ACP party's 

compliance history with past or current ACPs or the requirements for consumer 

products in this article, that the responsible ACP party has a recurring pattern of 

violations and has consistently refused to take the necessary steps to correct those 

violations.

C. Provisions follow concerning ACP approval time frames.

1. The board will take appropriate action on an ACP within the following 

time periods:

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

board will inform the applicant in writing that either:

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

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

information required to make the application complete.

b. Within 30 working days of receipt of additional information 

provided in response to a determination that an ACP application is deficient, the board 

will inform the applicant in writing that either:

(1) The additional information is sufficient to make the 

application complete, and the application is accepted for filing, or

(2) The application is deficient, and identify the specific 
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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 ] 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.
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3. An exceedance during the applicable compliance period of the VOC 

content specified for an ACP product in the ACP agreement approving an ACP shall 

constitute a single, separate violation of the requirements of this article for each ACP 

product that exceeds the specified VOC content that is sold, supplied, offered for sale, 

or manufactured for use.

4. Any of the following actions shall each constitute a single, separate 

violation of the requirements of this article for each day after the applicable deadline 

until the requirement is satisfied:

a. Failure to report data or failure to report data accurately in writing 

to the board regarding the VOC content, LVP content, enforceable sales, or other 

information required by the deadline specified in the applicable ACP agreement;

b. False reporting of information submitted to the board for 

determining compliance with the ACP requirements;

c. Failure to completely implement the reconciliation of shortfalls 

plan that is set forth in the ACP agreement within 30 working days from the date of 

written notification of a shortfall by the board; or

d. Failure to completely reconcile the shortfall as specified in the 

ACP agreement within 90 working days from the date of written notification of a shortfall 

by the board.

5. False reporting or failure to report any of the information specified in 

subdivision F 2 i of this section or the sale or transfer of invalid surplus reductions shall 

constitute a single, separate violation of the requirements of this article for each day 

during the time period for which the surplus reductions are claimed to be valid.

6. Except as provided in subdivision 7 of this subsection, an exceedance 

of the ACP limit for a compliance period that the ACP is in effect shall constitute a 

single, separate violation of the requirements of this article for each day of the 

applicable compliance period. The board will determine whether an exceedance of the 

ACP limit has occurred as follows:

a. If the responsible ACP party has provided all required 

information for the applicable compliance period specified in the ACP agreement 

approving an ACP, then the board will determine whether an exceedance has occurred 

using the enforceable sales records and VOC content for each ACP product as 

reported by the responsible ACP party for the applicable compliance period.

b. If the responsible ACP party has failed to provide all the required 
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information specified in the ACP agreement for an applicable compliance period, the 

board will determine whether an exceedance of the ACP limit has occurred as follows.

(1) For the missing data days, the board will calculate the 

total maximum historical emissions as specified in 9VAC5-45-300 C.

(2) For the remaining portion of the compliance period that 

are not missing data days, the board will calculate the emissions for each ACP product 

using the enforceable sales records and VOC content that were reported for that 

portion of the applicable compliance period.

(3) The ACP emissions for the entire compliance period 

shall be the sum of the total maximum historical emissions, determined pursuant to 

subdivision 6 b (1) of this subsection, and the emissions determined pursuant to 

subdivision 6 b (2) of this subsection.

(4) The board will calculate the ACP limit for the entire 

compliance period using the ACP [ Standards ] standards applicable to each ACP 

product and the enforceable sales records specified in subdivision 6 b (2) of this 

subsection. The enforceable sales for each ACP product during missing data days, as 

specified in subdivision 6 b (1) of this subsection, shall be zero.

(5) An exceedance of the ACP limit has occurred when the 

ACP emissions, determined pursuant to subdivision 6 b (3) of this subsection, exceeds 

the ACP limit, determined pursuant to subdivision 6 b (4) of this subsection.

7. If a violation specified in subdivision 6 of this subsection occurs, the 

responsible ACP party may, pursuant to this subdivision, establish the number of 

violations as calculated according to the following equation:

where:

NEV = number of ACP limit violations.

ACP emissions = the ACP emissions for the compliance period.

ACP limit = the ACP limit for the compliance period.

40 pounds = number of pounds of emissions equivalent to one violation.

The responsible ACP party may determine the number of ACP limit violations pursuant 
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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 this subdivision.

8. A cause of action against a responsible ACP party under this section 

shall be deemed to accrue on the date when the records establishing a violation are 

received by the board.

9. The responsible ACP party is fully liable for compliance with the 

requirements of this article, even if the responsible ACP party contracts with or 

otherwise relies on another person to carry out some or all of the requirements of this 

article.

F. Provisions follow concerning surplus reductions and surplus trading.

1. The board will issue surplus reduction certificates that establish and 

quantify, to the nearest pound of VOC reduced, the surplus reductions achieved by a 

responsible ACP party operating under an ACP. The surplus reductions can be bought 

from, sold to, or transferred to a responsible ACP party operating under an ACP, as 

provided in subdivision 2 of this subsection. All surplus reductions shall be calculated by 

the board at the end of each compliance period within the time specified in the 

approved ACP. Surplus reduction certificates shall not constitute instruments, 

securities, or another form of property.

2. The issuance, use, and trading of all surplus reductions shall be subject 

to the following provisions:

a. For the purposes of this article, VOC reductions from sources of 

VOCs other than consumer products subject to the VOC standards specified in 9VAC5-

45-310 A may not be used to generate surplus reductions.

b. Surplus reductions are valid only when generated by a 

responsible ACP party and only while that responsible ACP party is operating under an 

approved ACP.

c. Surplus reductions are valid only after the board has issued an 

ACP agreement pursuant to subdivision 1 of this subsection.

d. Surplus reductions issued by the board may be used by the 

responsible ACP party who generated the surplus until the reductions expire, are 

traded, or until the ACP is canceled pursuant to subdivision J 2 of this section.

e. Surplus reductions cannot be applied retroactively to a 
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compliance period prior to the compliance period in which the reductions were 

generated.

f. Except as provided in subdivision 2 g (2) of this subsection, only 

small or one-product businesses selling products under an approved ACP may 

purchase surplus reductions. An increase in the size of a small business or one-product 

business shall have no effect on surplus reductions purchased by that business prior to 

the date of the increase.

g. While valid, surplus reductions can be used only for the following 

purposes:

(1) To adjust the ACP emissions of either the responsible 

ACP party who generated the reductions or the responsible ACP party to which the 

reductions were traded, provided the surplus reductions are not to be used by a 

responsible ACP party to further lower its ACP emissions when its ACP emissions are 

equal to or less than the ACP limit during the applicable compliance period; or

(2) To be traded for the purpose of reconciling another 

responsible ACP party's shortfalls, provided such reconciliation is part of the 

reconciliation of shortfalls plan approved by the board pursuant to subdivision B 1 g (10)

of this section.

h. A valid surplus reduction shall be in effect starting five days after 

the date of issuance by the board for a continuous period equal to the number of days 

in the compliance period during which the surplus reduction was generated. The 

surplus reduction shall then expire at the end of its effective period.

i. At least five working days prior to the effective date of transfer of 

surplus reductions, both the responsible ACP party that is selling surplus reductions 

and the responsible ACP party that is buying the surplus reductions shall, either 

together or separately, notify the board in writing of the transfer. The notification shall 

include all of the following:

(1) The date the transfer is to become effective.

(2) The date the surplus reductions being traded are due to 

expire.

(3) The amount (in pounds of VOCs) of surplus reductions 

that is being transferred.

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

reductions.
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(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. 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 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 oneyear (365 day) period immediately prior to the date on which the application for a 

proposed ACP is submitted to the board. Early reformulation does not include 

reformulated ACP products that are sold, supplied, or offered for sale more than one 

year prior to the date on which the ACP application is submitted to the board.

b. If requested in the application for a proposed ACP, the board 

will, upon approval of the ACP, issue surplus reduction credits for early reformulation of 

ACP products, provided that all of the following documentation has been provided by 

the responsible ACP party to the satisfaction of the board:

(1) Accurate documentation showing that the early 

reformulation reduced the VOC content of the ACP product to a level that is below the 

pre-ACP VOC content of the product or below the applicable VOC standard specified in 

9VAC 5-45-310 A, whichever is the lesser of the two;

(2) Accurate documentation demonstrating that the early 

reformulated ACP product was sold in retail outlets within the time period specified in 

subdivision 3 a of this subsection;

(3) Accurate sales records for the early reformulated ACP 

product that meet the definition of enforceable sales records and that demonstrate that 
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the enforceable sales for the ACP product are at least 75% of the gross sales for the 

product, as specified in subdivision B 1 d of this section; and

(4) Accurate documentation for the early reformulated ACP 

product that meets the requirements specified in subdivisions B 1 c and d and B 1 g (7) 

and (8) of this section and that identifies the specific test methods for verifying the 

claimed early reformulation and the statistical accuracy and precision of the test 

methods as specified in subdivision B 1 g (4) of this section.

c. Surplus reduction credits issued pursuant to this subsection shall 

be calculated separately for each early reformulated ACP product by the board 

according to the following equation:

100

((VOC Content ) (VOC Content ) ) SR= Enforceable Sales x

initial final −

where:

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

pound.

Enforceable sales = the enforceable sales for the early reformulated ACP 

product, expressed to the nearest pound of ACP product.

VOC contentinitial = the pre-ACP VOC content of the ACP product, or the 

applicable VOC standard specified in 9VAC5-45-310 A, whichever is the lesser of the 

two, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product.

VOC contentfinal = the VOC content of the early reformulated ACP product 

after the early reformulation is achieved, expressed to the nearest 0.1 pounds of VOC 

per 100 pounds of ACP product.

d. The use of limited use surplus reduction credits issued pursuant 

to this subdivision shall be subject to all of the following provisions:

(1) Limited use surplus reduction credits shall be used solely 

to reconcile the responsible ACP party's shortfalls, if any, generated during the first 

compliance period occurring immediately after the issuance of the ACP agreement 

approving an ACP, and 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 
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surplus reduction credits shall be subject to all requirements applicable to surplus 

reductions and surplus trading as specified in subdivisions 1 and 2 of this subsection.

G. Provisions follow concerning the reconciliation of shortfalls.

1. At the end of each compliance period, the responsible ACP party shall 

make an initial calculation of shortfalls occurring in that compliance period as specified 

in the ACP agreement approving the ACP. Upon receipt of this information, the board 

will determine the amount of a shortfall that has occurred during the compliance period 

and shall notify the responsible ACP party of this determination.

2. The responsible ACP party shall implement the reconciliation of 

shortfalls plan as specified in the ACP agreement approving the ACP within 30 working 

days from the date of written notification of a shortfall by the board.

3. All shortfalls shall be completely reconciled within 90 working days from 

the date of written notification of a 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.
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2. The responsible ACP party may propose modifications to the 

enforceable sales records or the reconciliation of shortfalls plan specified in the ACP 

agreement approving the ACP, however, such modifications require board preapproval. Any such proposed modifications shall be fully described in writing and 

forwarded to the board. The responsible ACP party shall clearly demonstrate that the 

proposed modifications will meet the requirements of this article. The board will act on 

the proposed modifications using the procedure set forth in subsection C of this section. 

The responsible ACP party shall meet all applicable requirements of the existing ACP 

until such time as a proposed modification is approved in writing by the board.

3. Except as otherwise provided in subdivisions 1 and 2 of this subsection, 

the responsible ACP party shall notify the board, in writing, of information known by the 

responsible ACP party that may alter the information submitted pursuant to the 

requirements of subsection B of this section. The responsible ACP party shall provide 

such notification to the board no later than 15 working days from the date such 

information is known to the responsible ACP party.

I. Provisions follow concerning the modification of an ACP by the board.

1. If the board determines that: (i) the enforceable sales for an ACP 

product are no longer at least 75% of the gross sales for that product, (ii) the 

information submitted pursuant to the approval process set forth in subsection C of this 

section is no longer valid, or (iii) the ACP emissions are exceeding the ACP limit 

specified in the ACP agreement approving an ACP, then the board will modify the ACP 

as necessary to ensure that the ACP meets all requirements of this article and that the 

ACP emissions will not exceed the ACP limit. 

2. If any applicable VOC standards specified in 9VAC5-45-310 A are 

modified by the board in a future rulemaking, the board will modify the ACP limit 

specified in the ACP agreement approving an ACP to reflect the modified ACP VOC 

standards as of their effective dates.

J. Provisions follow concerning the cancellation of an ACP.

1. An ACP shall remain in effect until:

a. The ACP reaches the expiration date specified in the ACP 

agreement;

b. The ACP is modified by the responsible ACP party and approved 

by the board, as provided in subsection H of this section;

c. The ACP is modified by the board as provided in subsection I of 
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this section;

d. The ACP includes a product for which the VOC standard 

specified in 9VAC5-45-310 A is modified by the board in a future rulemaking, and the 

responsible ACP party informs the board in writing that the ACP will terminate on the 

effective date of the modified standard; or

e. The ACP is cancelled pursuant to subdivision 2 of this 

subsection.

2. The board will cancel an ACP if any of the following circumstances 

occur:

a. The responsible ACP party demonstrates to the satisfaction of 

the board that the continuation of the ACP will result in an extraordinary economic 

hardship.

b. The responsible ACP party violates the requirements of the 

approved ACP, and the violation results in a shortfall that is 20% or more of the 

applicable ACP limit (i.e., the ACP emissions exceed the ACP limit by 20% or more).

c. The responsible ACP party fails to meet the requirements of 

subsection G of this section within the time periods specified in that subsection.

d. The responsible ACP party has demonstrated a recurring pattern 

of violations and has consistently failed to take the necessary steps to correct those 

violations.

3. Cancellations of ACPs are considered case decisions and will be 

processed using the procedures prescribed in 9VAC5-170-40 A 2 and applicable 

provisions of Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act.

4. The responsible ACP party for an ACP that is canceled pursuant to this 

section and who does not have a valid ACP to immediately replace the canceled ACP 

shall meet all of the following requirements:

a. All remaining shortfalls in effect at the time of ACP cancellation 

shall be reconciled in accordance with the requirements of subsection G of this section, 

and

b. All ACP products subject to the ACP shall be in compliance with 

the applicable VOC standards in 9VAC5-45-310 A immediately upon the effective date 

of ACP cancellation.
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5. Violations incurred pursuant to subsection E of this section shall not be 

cancelled or affected by the subsequent cancellation or modification of an ACP 

pursuant to subsection H, I, or J of this section.

K. The information required by subdivisions B 1 a and b and F 2 i of this section 

is public information that may not be claimed as confidential. Other information 

submitted to the board to meet the requirements of this section shall be available to the 

public except where the owner makes a showing satisfactory to the board under 

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

case the information shall be handled in accordance with the procedures specified in §§

10.1-1314 and 10.1-1314.1 of the Air Pollution Control Law of Virginia.

L. A responsible ACP party may transfer an ACP to another responsible ACP 

party, provided that all of the following conditions are met:

1. The board will be notified, in writing, by both responsible ACP parties 

participating in the transfer of the ACP and its associated ACP agreement. The written 

notifications shall be postmarked at least five working days prior to the effective date of 

the transfer and shall be signed and submitted separately by both responsible parties. 

The written notifications shall clearly identify the contact persons, business names, mail 

and street addresses, and phone numbers of the responsible parties involved in the 

transfer.

2. The responsible ACP party to which the ACP is being transferred shall 

provide a written declaration stating that the transferee shall fully comply with all 

requirements of the ACP agreement approving the ACP and this article.

M. In approving agreements under subsections B through L of this section, the 

board will take into consideration whether the applicant has been granted an ACP by 

CARB. A manufacturer of consumer products that has been granted an ACP 

agreement by the CARB under the provisions in Subchapter 8.5, Article 4, Sections 

94540-94555, of Title 17 of the California Code of Regulations (see 9VAC5-20-21) may 

be exempt from Table 45-3A for the period of time that the CARB ACP agreement 

remains in effect provided that all ACP products used for emission credits within the 

CARB ACP agreement are contained in Table 45-3A. A manufacturer claiming such an 

ACP agreement on this basis must submit to the board a copy of the CARB ACP 

decision (i.e., the executive order), including all conditions established by CARB 

applicable to the exemption and certification that the manufacturer will comply with the 

CARB ACP decision for those ACP products in the areas specified in 9VAC5-45-280 C.

9VAC5-45-390. Notification, records and reporting.

A. The provisions of 9VAC5-45-50 (Notification, records and reporting) apply.
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B. Upon 90 days written notice, the board may require a responsible party to 

report information for a consumer product the board may specify, including, but not 

limited to, all or part of the following information:

1. The company name of the responsible party and the party's address, 

telephone number, and designated contact person.

2. A showing satisfactory to the board under 9VAC5-170-60 B and C that 

supports any claim of confidentiality made pursuant to 9VAC5-170-60, §§ 10.1-1314 

and 10.1-1314.1 of the Virginia Air Pollution Control Law, and other applicable state 

confidentiality requirements.

3. The product brand name for each consumer product subject to 

registration and, upon request by the board, the product label.

4. The product category to which the consumer product belongs.

5. The applicable product forms listed separately.

6. An identification of each product brand name and form as a "Household 

Product," "I&I Product," or both.

7. Separate sales in pounds per year, to the nearest pound, and the 

method used to calculate sales for each product form.

8. For registrations submitted by two companies, an identification of the 

company that is submitting relevant data separate from that submitted by the 

responsible party. All registration information from both companies shall be submitted 

by the date specified in this subsection.

9. For each product brand name and form, the net percent by weight of 

the total product, less container and packaging, composed of the following, rounded to 

the nearest one-tenth of a percent (0.1%):

a. Total exempt compounds [ ; ] .

b. Total LVP-VOCs that are not fragrances [ ; ] .

c. Total all other carbon-containing compounds that are not 

fragrances [ ; ] .

d. Total all noncarbon-containing compounds [ ; ] .

e. Total fragrance [ ; ] .
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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 carboncontaining 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 (CAS) number, of 

the following:

a. Each exempt compound; and

b. Each LVP-VOC that is not a fragrance.

11. If applicable, the weight percent composed of propellant for each 

product.

12. If applicable, an identification of the type of propellant.

C. In addition to the requirements of subdivision B 10 of this section, the 

responsible party shall report to the board the net percentage by weight of each ozonedepleting 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 shall be 

available to the public except where the owner makes a showing satisfactory to the 

board under 9VAC5-170-60 B that the information meets the criteria in 9VAC5-170-60 

C, in which case the information shall be handled in accordance with the procedures 

specified in §§ 10.1-1314 and 10.1-1314.1 of the Air Pollution Control Law of Virginia.

E. Provisions follow concerning special recordkeeping and reporting 

requirements for consumer products that contain perchloroethylene or methylene 

chloride.

1. The requirements of this subsection shall apply to all responsible 

parties for consumer products that are subject to 9VAC5-45-310 A and contain 
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perchloroethylene or methylene chloride. For the purposes of this subsection, a product 

contains perchloroethylene or methylene chloride if the product contains 1.0% or more 

by weight (exclusive of the container or packaging) of either perchloroethylene or 

methylene chloride.

2. For each consumer product that contains perchloroethylene or 

methylene chloride, the responsible party shall keep records of the following information 

for products sold during each calendar year, beginning with the year of the applicable 

compliance date specified in 9VAC5-45-360, and ending with the year 2010:

a. The product brand name and a copy of the product label with 

legible usage instructions;

b. The product category to which the consumer product belongs;

c. The applicable product form, listed separately;

d. For each product form listed in subdivision 2 c of this subsection, 

the total sales during the calendar year to the nearest pound (exclusive of the container 

or packaging), and the method used for calculating sales;

e. The weight percentage, to the nearest 0.10% of 

perchloroethylene and methylene chloride in the consumer product;

3. Upon 90 days written notice, the board may require a responsible party 

to report the information specified in subdivision 2 of this subsection.

4. Records required by subdivision 2 of this subsection shall be 

maintained by the responsible party for [ five ] three calendar years from the date such 

records were created.

5. Alternative control plan notifications, records and reporting shall be 

made as required by 9VAC5-45-320 and as required in the ACP agreement.

6. Innovative product notifications, records, and reporting shall be made 

as required by 9VAC5-45-330 and as required in the innovative products exemption 

notification letter.

Article 4

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

August 1, 2010

9VAC5-45-400. Applicability.
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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 consumer 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 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 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.

9VAC5-45-420. 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" 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:
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where:

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

Enforceable sales = (see definition in this section).

VOC content = one of the following:

1. For all products except for charcoal lighter material products:

where:

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

B = total weight of all VOCs per unit.

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

9VAC5-45-410.

2. For charcoal lighter material products only:

Certified Use Rate

(Certified Emissions x 100) VOC Content=

where:

Certified emissions = (see definition in this section).

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

"ACP limit" means the maximum allowable ACP emissions during the 

compliance period specified in an ACP agreement approving an ACP, expressed to the 

nearest pound of VOC, and calculated according to the following equation:

where:
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where:

Enforceable sales = (see definition in this section).

ACP standard = (see definition in this section).

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

"ACP product" means any consumer product subject to the VOC 

standards specified in 9VAC5-45-430 A, except those products that have been 

exempted as innovative products under 9VAC5-45-450.

"ACP reformulation" or "ACP reformulated" means the process of 

reducing the VOC content of an ACP product within the period that an ACP is in effect 

to a level that is less than the current VOC content of the product.

"ACP standard" means either the ACP product's pre-ACP VOC content or 

the applicable VOC standard specified in 9VAC5-45-430 A, whichever is the lesser of 

the two.

"ACP VOC standard" means the maximum allowable VOC content for an 

ACP product, determined as follows:

1. The applicable VOC standard specified in 9VAC5-45-430 A for 

all ACP products except for charcoal lighter material;

2. For charcoal lighter material products only, the VOC standard for 

the purposes of this article shall be calculated according to the following equation:

where:

0.020 = the certification emissions level for the product, as 

specified in9VAC5-45-430 E.

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

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

bond one or more materials. Adhesives include, but are not limited to, caulk, sealant, 

glue, or similar substances used for the purpose of forming a bond.

1. "Floor and wall covering adhesive remover" means a product 

designed or labeled to remove floor or wall coverings and associated adhesive from the 

underlying substrate.

2. "Gasket or thread locking adhesive remover" means a product 

designed or labeled to remove gaskets or thread locking adhesives. Products labeled 

for dual use as a paint stripper and as a gasket remover or thread locking adhesive 

remover are considered gasket or thread locking adhesive remover.

3. "General purpose adhesive remover" means a product designed 

or labeled to remove cyanoacrylate adhesives and nonreactive adhesives or residue 

from a variety of substrates. General purpose adhesive remover includes, but is not 

limited to, products that remove thermoplastic adhesives, pressure sensitive adhesives, 

dextrin-based or starch-based adhesives, casein glues, rubber-based or latex-based 

adhesives, as well as products that remove stickers, decals, stencils, or similar 

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

adhesive remover.

4. "Specialty adhesive remover" means a product designed to

remove reactive adhesives from a variety of substrates. Reactive adhesives include 

adhesives that require a hardener or catalyst in order for the bond to occur. Examples 

of reactive adhesives include, but are not limited to, epoxies, urethanes, and silicones. 

Specialty adhesive remover does not include gasket or thread locking adhesive 

remover.

"Aerosol adhesive" means an aerosol product in which the spray 

mechanism is permanently housed in a nonrefillable can designed for hand-held 
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application without the need for ancillary hoses or spray equipment. Aerosol adhesives 

include special purpose spray adhesives, mist spray adhesives, and web spray 

adhesives.

"Aerosol cooking spray" means any aerosol product designed either to 

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

"Aerosol product" means a pressurized spray system that dispenses 

product ingredients by means of a propellant contained in a product or a product's 

carrier, or by means of a mechanically induced force. Aerosol product does not include 

pump sprays.

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

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

processing of any animal or plant crop. Agricultural use does not include the sale or use 

of pesticides in properly labeled packages or containers that are intended for home use, 

use in structural pest control, industrial use, or institutional use. For the purposes of this 

definition only:

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

environment.

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

chemical process or use in the operation of factories, processing plants, and similar 

sites.

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

property necessary for the operation of, buildings such as hospitals, schools, libraries, 

auditoriums, and office complexes.

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

the applicable state pesticide licensing requirement.

"Air freshener" means any consumer product including, but not limited to, 

sprays, wicks, powders, and crystals, designed for the purpose of masking odors or 

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

products that are used on the human body, products that function primarily as cleaning 

products (as indicated on a product label) or as toilet/urinal care products, disinfectant 

products claiming to deodorize by killing germs on surfaces, or institutional or industrial 

disinfectants when offered for sale solely through institutional and industrial channels of 

distribution. Air fresheners do include spray disinfectants and other products that are 

expressly represented for use as air fresheners, except institutional and industrial 

disinfectants when offered for sale through institutional and industrial channels of 

distribution. To determine whether a product is an air freshener, all verbal and visual 
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representations regarding product use on the label or packaging and in the product's 

literature and advertising may be considered. The presence of, and representations 

about, a product's fragrance and ability to deodorize (resulting from surface application) 

shall not constitute a claim of air freshening.

"All other carbon-containing compounds" means all other compounds that 

contain at least one carbon atom and are not an "exempt compound" or an "LVP-VOC."

"All other forms" means all consumer product forms for which no formspecific VOC standard is specified. Unless specified otherwise by the applicable VOC 

standard, all other forms include, but are not limited to, solids, liquids, wicks, powders, 

crystals, and cloth or paper wipes (towelettes).

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

program approved by the board pursuant to the provisions of this article.

"Antimicrobial hand or body cleaner or soap" means a cleaner or soap 

that is designed to reduce the level of microorganisms on the skin through germicidal 

activity. Antimicrobial hand or body cleaner or soap includes, but is not limited to, 

antimicrobial hand or body washes or cleaners, food handler hand washes, healthcare 

personnel hand washes, pre-operative skin preparations, and surgical scrubs. 

Antimicrobial hand or body cleaner or soap does not include prescription drug products, 

antiperspirants, astringent or toner, deodorant, facial cleaner or soap, general-use hand 

or body cleaner or soap, hand dishwashing detergent (including antimicrobial), heavyduty hand cleaner or soap, medicated astringent or medicated toner, and rubbing 

alcohol.

"Antiperspirant" means any product including, but not limited to, aerosols, 

roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the 

manufacturer to be used to reduce perspiration in the human axilla by at least 20% in at 

least 50% of a target population.

"Anti-static product" means a product that is labeled to eliminate, prevent, 

or inhibit the accumulation of static electricity. Anti-static products do not include 

electronic cleaners, floor polish or waxes, floor coatings, and products that meet the 

definition of aerosol coating products or architectural coatings.

"Architectural coating" means a coating applied to stationary structures 

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

"ASTM" means the American Society for Testing and Materials.

"Astringent or toner" means any product not regulated as a drug by the 

United States Food and Drug Administration that is applied to the skin for the purpose 
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of cleaning or tightening pores. This category also includes clarifiers and substrateimpregnated products. This category does not include any hand, face, or body cleaner 

or soap product, medicated astringent or medicated toner, cold cream, lotion, or 

antiperspirant.

"Automotive brake cleaner" means a cleaning product designed to remove 

oil, grease, brake fluid, brake pad material, or dirt from motor vehicle brake 

mechanisms.

"Automotive hard paste wax" means an automotive wax or polish that is:

1. Designed to protect and improve the appearance of automotive 

paint surfaces;

2. A solid at room temperature; and

3. Contains no water.

"Automotive instant detailer" means a product designed for use in a pump

spray that is applied to the painted surface of automobiles and wiped off prior to the 

product being allowed to dry.

"Automotive rubbing or polishing compound" means a product designed 

primarily to remove oxidation, old paint, scratches or swirl marks, and other defects 

from the painted surfaces of motor vehicles without leaving a protective barrier.

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

seal out moisture, increase gloss, or otherwise enhance a motor vehicle's painted 

surfaces. Automotive wax, polish, sealant, or glaze includes, but is not limited to, 

products designed for use in auto body repair shops and drive-through car washes, as 

well as products designed for the general public. Automotive wax, polish, sealant, or 

glaze does not include automotive rubbing or polishing compounds, automotive wash 

and wax products, surfactant-containing car wash products, and products designed for 

use on unpainted surfaces such as bare metal, chrome, glass, or plastic.

"Automotive windshield washer fluid" means any liquid designed for use in 

a motor vehicle windshield washer system either as an antifreeze or for the purpose of 

cleaning, washing, or wetting the windshield. Automotive windshield washer fluid also 

includes liquids that are (i) packaged as a pre-wetted, single-use manual wipe and (ii) 

designed exclusively for cleaning, washing, or wetting automotive glass surfaces for the 

purpose of restoring or maintaining visibility for the driver. Glass cleaners that are 

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

windshield washer fluid does not include fluids placed by the manufacturer in a new 

vehicle.
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"Bathroom and tile cleaner" means a product designed to clean tile or 

surfaces in bathrooms. Bathroom and tile cleaners do not include products designed 

primarily to clean toilet bowls, toilet tanks, or urinals.

"Bug and tar remover" means a product labeled to remove either or both 

of the following from painted motor vehicle surfaces without causing damage to the 

finish: (i) biological residues, such as insect carcasses and tree sap, and (ii) road grime, 

such as road tar, roadway paint markings, and asphalt.

"CARB" means the California Air Resources Board.

"Carburetor or fuel-injection air intake cleaner" means a product designed 

to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle 

body of a fuel-injection system, or associated linkages. Carburetor or fuel-injection air 

intake cleaner does not include products designed exclusively to be introduced directly 

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

injectors.

"Carpet and upholstery cleaner" means a cleaning product designed for 

the purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor 

vehicles or on household furniture or objects upholstered or covered with fabrics such 

as wool, cotton, nylon, or other synthetic fabrics. Carpet and upholstery cleaners 

include, but are not limited to, products that make fabric protectant claims. Carpet and 

upholstery cleaners do not include general purpose cleaners, spot removers, vinyl or 

leather cleaners, dry cleaning fluids, or products designed exclusively for use at 

industrial facilities engaged in furniture or carpet manufacturing.

"Certified emissions" means the emissions level for products approved 

under 9VAC5-45-430 E, as determined pursuant to South Coast Air Quality 

Management District Rule 1174 Ignition Method Compliance Certification Protocol (see 

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

"Certified use rate" means the usage level for products approved under 

9VAC5-45-430 E, as determined pursuant to South Coast Air Quality Management 

District Rule 1174 Ignition Method Compliance Certification Protocol (see 9VAC5-20-

21), expressed to the nearest 0.001 pound certified product used per start.

"Charcoal lighter material" means any combustible material designed to 

be applied on, incorporated in, added to, or used with charcoal to enhance ignition. 

Charcoal lighter material does not include any of the following:

1. Electrical starters and probes;
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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 onecomponent adhesive that is designed exclusively for the installation, remodeling, 

maintenance, or repair of:

1. Structural and building components that include, but are not 

limited to, beams, trusses, studs, paneling (drywall or drywall laminates, fiberglass 

reinforced plastic (FRP), plywood, particle board, insulation board, predecorated 

hardboard or tileboard, etc.), ceiling and acoustical tile, molding, fixtures, countertops or 

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

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

or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible 

flooring material, nonresilient flooring material, mirror tiles and other types of tiles, and 

artificial grass.

Construction, panel, and floor covering adhesive does not include floor seam sealer.

"Consumer" means a person who purchases or acquires a consumer 

product for personal, family, household, or institutional use. Persons acquiring a 

consumer product for resale are not consumers for that product.

"Consumer product" means a chemically formulated product used by 

household and institutional consumers including, but not limited to, detergents; cleaning 

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

and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty 

products, but does not include other paint products, furniture coatings, or architectural 

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

adhesives, including aerosol adhesives used for consumer, industrial, or commercial 

uses.
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"Contact adhesive" means an adhesive that:

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

together;

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

with each other;

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

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

and

4. Does not need sustained pressure or clamping of surfaces after 

the adhesive-coated surfaces have been brought together using sufficient momentary 

pressure to establish full contact between both surfaces.

Contact adhesive does not include rubber cements that are primarily intended for use 

on paper substrates. Contact adhesive also does not include vulcanizing fluids that are 

designed and labeled for tire repair only.

"Contact adhesive - general purpose" means any contact adhesive that is 

not a contact adhesive - special purpose.

"Contact adhesive - special purpose" means a contact adhesive that is 

used as follows:

1. To bond melamine-covered board, unprimed metal, unsupported 

vinyl, Teflon®, ultra-high molecular weight polyethylene, rubber, high pressure laminate 

or wood veneer 1/16 inch or less in thickness to any porous or nonporous surface, and 

is sold in units of product, less packaging, that contain more than eight fluid ounces; or

2. In automotive applications that are either:

a. Automotive under-the-hood applications requiring heat, 

oil, or gasoline resistance; or

b. Body-side molding, automotive weatherstrip, or decorative 

trim.

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

institutional product [ which ] that serve only to 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 
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designed or intended. Containers or packaging include any article onto or into which the 

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

etched, printed, or attached.

"Contact person" means a representative that has been designated by the 

responsible ACP party for the purpose of reporting or maintaining information specified 

in the ACP agreement approving an ACP.

"Crawling bug insecticide" means an insecticide product that is designed 

for use against ants, cockroaches, or other household crawling arthropods, including, 

but not limited to, mites, silverfish or spiders. Crawling bug insecticide does not include 

products designed to be used exclusively on humans or animals or a house dust mite 

product. For the purposes of this definition only:

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

packaging, or accompanying literature states that the product is suitable for use against 

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

cockroaches, or other household crawling arthropods.

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

shed in the home by humans and pets and that belong to the phylum Arthropoda, the 

subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, 

and the family Pyroglyphidae.

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

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

"Deodorant" means any product including, but not limited to, aerosols, rollons, sticks, pumps, pads, creams, and squeeze-bottles, that indicates or depicts on the 

container or packaging, or on any sticker or label affixed thereto, that the product can 

be used on or applied to the human axilla to provide a scent or minimize odor. A 

deodorant body spray product that indicates or depicts on the container or packaging, 

or on any sticker or label affixed thereto, that it can be used on or applied to the human 

axilla, is a deodorant.

"Deodorant body spray" means a personal fragrance product with 20% or 

less fragrance that is designed for application all over the human body to provide a 

scent. A deodorant body spray product that indicates or depicts on the container or 

packaging, or on any sticker or label affixed thereto, that it can be used on or applied to 

the human axilla, is a deodorant.

"Device" means an instrument or contrivance (other than a firearm) that is 

designed for trapping, destroying, repelling, or mitigating a pest or other form of plant or 

animal life (other than human and other than bacterium, virus, or another 
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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.

Dry cleaning fluid includes, but is not limited to, those products used by commercial dry 

cleaners and commercial businesses that clean fabrics such as draperies at the 

customer's residence or work place. Dry cleaning fluid does not include spot remover or 

carpet and upholstery cleaner. For the purposes of this definition, "S-coded fabric" 

means an upholstery fabric designed to be cleaned only with water-free spot cleaning 

products as specified by the American Furniture Manufacturers Association Joint 

Industry Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric 

Standards and Guidelines (see 9VAC5-20-21).
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"Dusting aid" means a product designed to assist in removing dust and 

other soils from floors and other surfaces without leaving a wax or silicone-based 

coating. Dusting aid does not include pressurized gas dusters.

"Electrical cleaner" means a product labeled to remove heavy soils such 

as grease, grime, or oil from electrical equipment, including, but not limited to, electric 

motors, armatures, relays, electric panels, or generators. Electrical cleaner does not 

include general purpose cleaners, general purpose degreasers, dusting aids, electronic 

cleaners, energized electrical cleaners, pressurized gas dusters, engine degreasers, 

anti-static products, or products designed to clean the casings or housings of electrical 

equipment.

"Electronic cleaner" means a product labeled for the removal of dirt, 

moisture, dust, flux or oxides from the internal components of electronic or precision 

equipment such as circuit boards, and the internal components of electronic devices, 

including but not limited to, radios, compact disc (CD) players, digital video disc (DVD) 

players, and computers. Electronic cleaner does not include general purpose cleaners, 

general purpose degreasers, dusting aids, pressurized gas dusters, engine degreasers, 

electrical cleaners, energized electrical cleaners, anti-static products, or products 

designed to clean the casings or housings of electronic equipment.

"Energized electrical cleaner" means a product that meets both of the 

following criteria:

1. The product is labeled to clean or degrease electrical equipment, 

where cleaning or degreasing is accomplished when electrical current exists, or when 

there is a residual electrical potential from a component, such as a capacitor;

2. The product label clearly displays the statements: "Energized 

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

Energized electrical cleaner does not include electronic cleaner.

"Enforceable sales" means the total amount of an ACP product sold for 

use in the applicable volatile organic compound emissions control areas designated in 

9VAC5-45-400 C during the applicable compliance period specified in the ACP 

agreement approving an ACP, as determined through enforceable sales records 

(expressed to the nearest pound, excluding product container and packaging).

"Enforceable sales record" means a written, point-of-sale record or 

another board-approved system of documentation from which the mass, in pounds 

(less product container and packaging), of an ACP product sold to the end user in the 

applicable volatile organic compound emissions control areas designated in 9VAC5-45-

400 C during the applicable compliance period can be accurately documented. For the 
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purposes of this article, enforceable sales records include, but are not limited to, the 

following types of records:

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

user during the applicable compliance period;

2. Accurate compilations, made by independent market surveying 

services, of direct retail or other outlet sales to the end users for the applicable 

compliance period, provided that a detailed method that can be used to verify data 

composing such summaries is submitted by the responsible ACP party and approved 

by the board; and

3. Other accurate product sales records acceptable to the board.

"Engine degreaser" means a cleaning product designed to remove 

grease, grime, oil, and other contaminants from the external surfaces of engines and 

other mechanical parts.

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

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), or perchloroethylene 

(tetrachloroethylene).

"Existing product" means any formulation of the same product category 

and form sold, supplied, manufactured, or offered for sale prior to March 9, 2005, or 

any subsequently introduced identical formulation.

"Fabric protectant" means a product designed to be applied to fabric 

substrates to protect the surface from soiling from dirt and other impurities or to reduce 

absorption of liquid into the fabric's fibers. Fabric protectant does not include 

waterproofers, products designed for use solely on leather, or products designed for 

use solely on fabrics that are labeled "for dry clean only" and sold in containers of 10 

fluid ounces or less.

"Fabric refresher" means a product labeled to neutralize or eliminate 

odors on non-laundered nonlaundered fabric including, but not limited to, soft 

household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, 

athletic equipment, clothing or on household furniture or objects upholstered or covered 

with fabrics such as, but not limited to, wool, cotton, or nylon. Fabric refresher does not 

include anti-static products, carpet and upholstery cleaners, soft household surface 

sanitizers, footwear or leather care products, spot removers, or disinfectants, or 

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

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

or eliminate odors on surfaces listed above whose label is registered as a sanitizer 

under FIFRA.
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"Facial cleaner or soap" means a cleaner or soap designed primarily to 

clean the face. Facial cleaner or soap includes, but is not limited to, facial cleansing 

creams, semisolids, liquids, lotions, and substrate-impregnated forms. Facial cleaner or 

soap does not include prescription drug products, antimicrobial hand or body cleaner or 

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

astringent or medicated toner, or rubbing alcohol.

"Fat wood" means pieces of wood kindling with high naturally-occurring 

levels of sap or resin that enhance ignition of the kindling. Fat wood does not include 

kindling with substances added to enhance flammability, such as wax-covered or waximpregnated wood-based products.

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

USC § 136-136y).

"Flea and tick insecticide" means an insecticide product that is designed 

for use against fleas, ticks, their larvae, or their eggs. Flea and tick insecticide does not 

include products that are designed to be used exclusively on humans or animals and 

their bedding.

"Flexible flooring material" means asphalt, cork, linoleum, no-wax, rubber, 

seamless vinyl, and vinyl composite flooring.

"Floor coating" means an opaque coating that is labeled and designed for 

application to flooring, including but not limited to, decks, porches, steps, and other 

horizontal surfaces [ which ] that may be subject to foot traffic.

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

polish, protect, or enhance floor surfaces by leaving a protective coating that is 

designed to be periodically replenished. Floor polish or wax does not include spray buff 

products, products designed solely for the purpose of cleaning floors, floor finish 

strippers, products designed for unfinished wood floors, and coatings subject to 

architectural coatings regulations.

"Floor seam sealer" means a product designed and labeled exclusively for 

bonding, fusing, or sealing (coating) seams between adjoining rolls of installed flexible 

sheet flooring.

"Floor wax stripper" means a product designed to remove natural or 

synthetic floor polishes or waxes through breakdown of the polish or wax polymers or 

by dissolving or emulsifying the polish or wax. Floor wax stripper does not include 

aerosol floor wax strippers or products designed to remove floor wax solely through 

abrasion.
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"Flying bug insecticide" means an insecticide product that is designed for 

use against flying insects or other flying arthropods, including but not limited to flies, 

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

insecticide, products that are designed to be used exclusively on humans or animals, or 

a moth-proofing product. For the purposes of this definition only, "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 articles or components, to maintain, 

enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the 

footwear, leather article or component. Footwear includes both leather and non-leather

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 

used to create external protective layers greater than 2 millimeters thick.

"Fragrance" means a substance or complex mixture of aroma chemicals, 

natural essential oils, and other functional components with a combined vapor pressure 

not in excess of 2 mm of Hg at 20oC, the sole purpose of which is to impart an odor or 

scent, or to counteract a malodor.

"Furniture coating" means a paint designed for application to room 

furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, 

chairs, beds, and sofas.

"Furniture maintenance product" means a wax, polish, conditioner, or 

other product designed for the purpose of polishing, protecting or enhancing finished 

wood surfaces other than floors. Furniture maintenance products do not include dusting 

aids, wood cleaners and products designed solely for the purpose of cleaning, and 

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

lacquers.

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

continuous phase to produce a semisolid material, such as jelly.

"General purpose adhesive" means a nonaerosol adhesive designed for 

use on a variety of substrates. General purpose adhesive does not include:

1. Contact adhesives;
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2. Construction, panel, and floor covering adhesives;

3. Adhesives designed exclusively for application on one specific 

category of substrates (i.e., substrates that are composed of similar materials, such as 

different types of metals, paper products, ceramics, plastics, rubbers, or vinyls); or

4. Adhesives designed exclusively for use on one specific category 

of articles (i.e., articles that may be composed of different materials but perform a 

specific function, such as gaskets, automotive trim, weather-stripping, or carpets).

"General purpose cleaner" means a product designed for general allpurpose cleaning, in contrast to cleaning products designed to clean specific substrates 

in certain situations. General purpose cleaner includes products designed for general 

floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a 

variety of hard surfaces and does not include general purpose degreasers and 

electronic cleaners.

"General purpose degreaser" means a product labeled to remove or 

dissolve grease, grime, oil, and other oil-based contaminants from a variety of 

substrates, including automotive or miscellaneous metallic parts. General purpose 

degreaser does not include engine degreaser, general purpose cleaner, adhesive 

remover, electronic cleaner, electrical cleaner, energized electrical cleaner, metal polish 

or cleanser, products used exclusively in solvent cleaning tanks or related equipment, 

or products that are (i) sold exclusively to establishments that manufacture or construct 

goods or commodities; and (ii) labeled "not for retail sale." Solvent cleaning tanks or 

related equipment includes, but is not limited to, cold cleaners, vapor degreasers, 

conveyorized degreasers, film cleaning machines, or products designed to clean 

miscellaneous metallic parts by immersion in a container.

"General-use hand or body cleaner or soap" means a cleaner or soap 

designed to be used routinely on the skin to clean or remove typical or common dirt and 

soils. General-use hand or body cleaner or soap includes, but is not limited to, hand or 

body washes, dual-purpose shampoo-body cleaners, shower or bath gels, and 

moisturizing cleaners or soaps. General-use hand or body cleaner or soap does not 

include prescription drug products, antimicrobial hand or body cleaner or soap, 

astringent or toner, facial cleaner or soap, hand dishwashing detergent (including 

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

toner, or rubbing alcohol.

"Glass cleaner" means a cleaning product designed primarily for cleaning 

surfaces made of glass. Glass cleaner does not include products designed solely for 

the purpose of cleaning optical materials used in eyeglasses, photographic equipment, 

scientific equipment, and photocopying machines.
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"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 dual use as both a 

paint stripper and graffiti remover are considered graffiti removers.

"Gross sales" means the estimated total sales of an ACP product in the 

applicable volatile organic compound emissions control areas designated in 9VAC5-45-

400 C during a specific compliance period (expressed to the nearest pound), based on 

either of the following methods, whichever the responsible ACP party demonstrates to 

the satisfaction of the board will provide an accurate sales estimate:

1. Apportionment of national or regional sales of the ACP product 

to sales, determined by multiplying the average national or regional sales of the product 

by the fraction of the national or regional population, respectively, that is represented by 

the current population of the applicable volatile organic compound emissions control 

areas designated in 9VAC5-45-400 C; or

2. Another documented method that provides an accurate estimate 

of the total current sales of the ACP product.

"Hair mousse" means a hairstyling foam designed to facilitate styling of a 

coiffure and provide limited holding power.

"Hair shine" means a product designed for the primary purpose of creating 

a shine when applied to the hair. Hair shine includes, but is not limited to, dual-use 

products designed primarily to impart a sheen to the hair. Hair shine does not include 

hair spray, hair mousse, hair styling product, hair styling gel, or products whose primary 

purpose is to condition or hold the hair.

"Hair spray" means a consumer product that is applied to styled hair, and 

is designed or labeled to provide sufficient rigidity to hold, retain and/or finish the style 

of the hair for a period of time. Hair spray includes aerosol hair sprays, pump hair 

sprays, spray waxes; color, glitter, or sparkle hairsprays that make finishing claims; and 

products that are both a styling and finishing product. Hair spray does not include spray 

products that are intended to aid in styling but does not provide finishing of a hairstyle. 

For the purposes of this article, "finish" or "finishing" means the maintaining or holding 

of previously styled hair for a period of time. For the purposes of this article, "styling" 

means the forming, sculpting, or manipulating the hair to temporarily alter the hair's 

shape.

"Hair styling product" means a consumer product that is designed or 

labeled for the application to wet, damp or dry hair to aid in defining, shaping, lifting, 
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styling and or sculpting of the hair. Hair styling product includes, but is not limited to hair 

balm; clay; cream; creme; curl straightener; gel; liquid; lotion; paste; pomade; putty; root 

lifter; serum; spray gel; stick; temporary hair straightener; wax; spray products that aid 

in styling but do not provide finishing of a hairstyle; and leave-in volumizers, detanglers 

or conditioners that make styling claims. Hair styling product does not include hair 

mousse, hair shine, hair spray, or shampoos or conditioners that are rinsed from the 

hair prior to styling. For the purposes of this article, "finish" or "finishing" means the 

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

this article, "styling" means the forming, sculpting, or manipulating the hair to 

temporarily alter the hair's shape.

"Heavy-duty hand cleaner or soap" means a product designed to clean or 

remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer's ink, 

paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the 

use of water. Heavy-duty hand cleaner or soap does not include prescription drug 

products, antimicrobial hand or body cleaner or soap, astringent or toner, facial cleaner 

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

toner, or rubbing alcohol.

"Herbicide" means a pesticide product designed to kill or retard a plant's 

growth, but excludes products that are (i) for agricultural use, or (ii) restricted materials 

that require a permit for use and possession.

"High volatility organic compound" or "HVOC" means a volatile organic 

compound that exerts a vapor pressure greater than 80 millimeters of mercury (mm Hg) 

when measured at 20oC.

"Household product" means a consumer product that is primarily designed 

to be used inside or outside of living quarters or residences that are occupied or 

intended for occupation by people, including the immediate surroundings.

"Insecticide" means a pesticide product that is designed for use against 

insects or other arthropods, but excluding products that are:

1. For agricultural use;

2. For a use that requires a structural pest control license under 

applicable state laws or regulations; or

3. Materials classified for restricted use pursuant to 40 CFR 152.75 

and require a pesticide business license from the Virginia Pesticide Control Board 

pursuant to 2VAC20-40-20 for use and possession.

"Insecticide fogger" means an insecticide product designed to release all 
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or most of its content as a fog or mist into indoor areas during a single application.

"Institutional product" or "industrial and institutional (I&I) product" means a 

consumer product that is designed for use in the maintenance or operation of an 

establishment that:

1. Manufactures, transports, or sells goods or commodities, or 

provides services for profit; or

2. Is engaged in the nonprofit promotion of a particular public, 

educational, or charitable cause.

Establishments include, but are not limited to, government agencies, factories, schools, 

hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts 

centers, health clubs, theaters, or transportation companies. Institutional product does 

not include household products and products that are incorporated into or used 

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

the establishment.

"Label" means written, printed, or graphic matter affixed to, applied to, 

attached to, blown into, formed, molded into, embossed on, or appearing upon a 

consumer product or consumer product package, for purposes of branding, identifying, 

or giving information with respect to the product or to the contents of the package.

"Laundry prewash" means a product that is designed for application to a 

fabric prior to laundering and that supplements and contributes to the effectiveness of 

laundry detergents or provides specialized performance.

"Laundry starch product" means a product that is designed for application 

to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look 

and may also act to help ease ironing of the fabric. Laundry starch product includes, but 

is not limited to, fabric finish, sizing, and starch.

"Lawn and garden insecticide" means an insecticide product labeled 

primarily to be used in household lawn and garden areas to protect plants from insects 

or other arthropods. Notwithstanding the requirements of 9VAC5-45-460 C, aerosol 

lawn and garden insecticides may claim to kill insects or other arthropods.

"Liquid" means a substance or mixture of substances that is capable of a 

visually detectable flow as determined under ASTM "Standard Test Method for 

Determining Whether a Material is a Liquid or a Solid" (see 9VAC5-20-21). Liquid does 

not include powders or other materials that are composed entirely of solid particles.

"Lubricant" means a product designed to reduce friction, heat, noise, or 
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wear between moving parts, or to loosen rusted or immovable parts or mechanisms. 

Lubricant does not include automotive power steering fluids; products for use inside 

power generating motors, engines, and turbines, and their associated power-transfer 

gearboxes; two-cycle oils or other products designed to be added to fuels; products for 

use on the human body or animals; or products that are:

1. Sold exclusively to establishments that manufacture or construct 

goods or commodities; and

2. Labeled "not for retail sale."

"LVP content" means the total weight, in pounds, of 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 with more than 12 carbon atoms, or a 

chemical mixture composed solely of compounds with more than 12 carbon atoms as 

verified by formulation data, and the vapor pressure and boiling point are unknown;

3. Is a chemical compound with a boiling point greater than 216oC , 

as determined by CARB Method 310 (see 9VAC5-20-21); or

4. Is the weight percent of a chemical mixture that boils above 

216oC, as determined by CARB Method 310 (see 9VAC5-20-21).

For the purposes of the definition of LVP-VOC, "chemical compound" means a 

molecule of definite chemical formula and isomeric structure, and "chemical mixture" 

means a substrate composed of two or more chemical compounds.

"Manufacturer" means a person who imports, manufactures, assembles, 

produces, packages, repackages, or relabels a consumer product.

"Medicated astringent or medicated toner" means a product regulated as 

a drug by the United States Food and Drug Administration that is applied to the skin for 

the purpose of cleaning or tightening pores. Medicated astringent or medicated toner 

includes, but is not limited to, clarifiers and substrate-impregnated products. Medicated 

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

products, astringent or toner, cold cream, lotion, antiperspirants, or products that must 
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be purchased with a doctor's prescription.

"Medium volatility organic compound" or "MVOC" means a volatile organic

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

80 mm Hg when measured at 20oC.

"Metal polish or cleanser" means a product designed primarily to improve 

the appearance of finished metal, metallic, or metallized surfaces by physical or 

chemical action. To "improve the appearance" means to remove or reduce stains, 

impurities, or oxidation from surfaces or to make surfaces smooth and shiny. Metal 

polish or cleanser includes, but is not limited to, metal polishes used on brass, silver, 

chrome, copper, stainless steel, and other ornamental metals. Metal polish or cleanser 

does not include automotive wax, polish, sealant, or glaze, wheel cleaner, paint 

remover or stripper, products designed and labeled exclusively for automotive and 

marine detailing, or products designed for use in degreasing tanks.

"Missing data days" means the number of days in a compliance period for 

which the responsible ACP party has failed to provide the required enforceable sales or 

VOC content data to the board, as specified in the ACP agreement.

"Mist spray adhesive" means an aerosol that is not a special purpose 

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

fine, discrete particles that yield a generally uniform and smooth application of adhesive 

to the substrate.

"Multipurpose dry lubricant" means a lubricant that is:

1. Designed and labeled to provide lubricity by depositing a thin film 

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

fluoropolymer ("teflon") on surfaces; and

2. Designed for general purpose lubrication, or for use in a wide 

variety of applications.

"Multipurpose lubricant" means a lubricant designed for general purpose 

lubrication, or for use in a wide variety of applications. Multipurpose lubricant does not 

include multipurpose dry lubricants, penetrants, or silicone-based multipurpose 

lubricants.

"Multipurpose solvent" means an organic liquid designed to be used for a 

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

thinning, dispersing, or dissolving other organic materials. Multipurpose solvent includes 

solvents used in institutional facilities, except for laboratory reagents used in analytical, 

educational, research, scientific, or other laboratories. Multipurpose solvent does not 
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include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or 

film cleaning machines, or solvents that are incorporated into, or used exclusively in the 

manufacture or construction of, the goods or commodities at the site of the 

establishment.

"Nail polish" means a clear or colored coating designed for application to 

the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, 

base coats, and top coats.

"Nail polish remover" means a product designed to remove nail polish and 

coatings from fingernails or toenails.

"Nonaerosol product" means a consumer product that is not dispensed by 

a pressurized spray system.

"Noncarbon containing compound" means a compound that does not 

contain carbon atoms.

"Nonresilient flooring" means flooring of a mineral content that is not 

flexible. Nonresilient flooring includes but is not limited to terrazzo, marble, slate,

granite, brick, stone, ceramic tile, and concrete.

"Nonselective terrestrial herbicide" means a terrestrial herbicide product 

that is toxic to plants without regard to species.

"One-product business" means a responsible ACP party that sells, 

supplies, offers for sale, or manufactures for use in the applicable volatile organic 

compound emissions control areas designated in 9VAC5-45-400:

1. Only one distinct ACP product, sold under one product brand 

name, which is subject to the requirements of 9VAC5-45-430; or

2. Only one distinct ACP product line subject to the requirements of 

9VAC5-45-430, in which all the ACP products belong to the same product category and 

the VOC contents in the products are within 98.0% and 102.0% of the arithmetic mean 

of the VOC contents over the entire product line.

"Oven cleaner" means a cleaning product designed to clean and to 

remove dried food deposits from oven walls.

"Paint" means a pigmented liquid, liquefiable, or mastic composition 

designed for application to a substrate in a thin layer that is converted to an opaque 

solid film after application and is used for protection, decoration or identification, or to 

serve some functional purpose such as the filling or concealing of surface irregularities 
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or the modification of light and heat radiation characteristics.

"Paint remover or stripper" means a product designed to strip or remove 

paints or other related coatings, by chemical action, from a substrate without markedly 

affecting the substrate. Paint remover or stripper does not include multipurpose 

solvents, paint brush cleaners, products designed and labeled exclusively as graffiti 

removers, and hand cleaner products that claim to remove paints and other related 

coatings from skin.

"Penetrant" means a lubricant designed and labeled primarily to loosen 

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

Penetrant does not include multipurpose lubricants that claim to have penetrating 

qualities but are not labeled primarily to loosen bonded parts.

"Personal fragrance product" means any product that is applied to the 

human body or clothing for the primary purpose of adding a scent or masking a 

malodor, including cologne, perfume, aftershave, and toilet water. Personal fragrance 

product does not include: (i) deodorant; (ii) medicated products designed primarily to 

alleviate fungal or bacterial growth on feet or other areas of the body; (iii) mouthwashes, 

breath fresheners and deodorizers; (iv) lotions, moisturizers, powders or other skin care 

products used primarily to alleviate skin conditions such as dryness and irritations; (v) 

products designed exclusively for use on human genitalia; (vi) soaps, shampoos, and 

products primarily used to clean the human body; and (vii) fragrance products designed 

to be used exclusively on nonhuman animals.

"Pesticide" means and includes a substance or mixture of substances 

labeled, designed, or intended for use in preventing, destroying, repelling, or mitigating 

a pest, or a substance or mixture of substances labeled, designed, or intended for use 

as a defoliant, desiccant, or plant regulator, provided that the term "pesticide" will not 

include a substance, mixture of substances, or device that the U.S. Environmental 

Protection Agency does not consider to be a pesticide.

"Pre-ACP VOC content" means the lowest VOC content of an ACP 

product between January 1, 1990, and the date on which the application for a proposed 

ACP is submitted to the board, based on the data obtained from accurate records 

available to the board that yields the lowest VOC content for the product.

"Pressurized gas duster" means a pressurized product labeled to remove 

dust from a surface solely by means of mass air or gas flow, including surfaces such as 

photographs, photographic film negatives, computer keyboards, and other types of 

surfaces that cannot be cleaned with solvents. Pressurized gas duster does not include 

dusting aids.

"Principal display panel" means that part of a label that is so designed as 
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to most likely be displayed, presented, shown, or examined under normal and 

customary conditions of display or purchase. Whenever a principal display panel 

appears more than once, all requirements pertaining to the principal display panel shall 

pertain to all such principal display panels.

"Product brand name" means the name of the product exactly as it 

appears on the principal display panel of the product.

"Product category" means the applicable category that best describes the 

product as listed in this section and in Table 45-4A in 9VAC5-45-430 A.

"Product form," for the purpose of complying with 9VAC5-45-510 

(notification, records and reporting) only, means the applicable form that most 

accurately describes the product's dispensing form as follows:

A = Aerosol Product.

S = Solid.

P = Pump Spray.

L = Liquid.

SS = Semisolid.

O = Other.

"Product line" means a group of products of identical form and function 

belonging to the same product category.

"Propellant" means a liquefied or compressed gas that is used in whole or 

in part, such as a cosolvent, to expel a liquid or other material from the same selfpressurized container or from a separate container.

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

within the container are not under pressure and in which the product is expelled only 

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

"Reconcile " or " reconciliation" [ "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 shortfalls have occurred, as approved by the board 

pursuant to 9VAC5-45-440 B 1 g (10).

[ l. ]
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"Responsible ACP party" means the company, firm, or establishment that 

is listed on the ACP product's label. If the label lists two or more companies, firms, or 

establishments, the responsible ACP party is the party that the ACP product was 

"manufactured for" or "distributed by," as noted on the label.

"Responsible party" means the company, firm, or establishment that is 

listed on the product's label. If the label lists two companies, firms, or establishments, 

the responsible party is the party that the product was "manufactured for" or "distributed 

by," as noted on the label.

"Restricted materials" means pesticides established as restricted 

materials under Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2 of the Code of Virginia.

"Retail outlet" means an establishment at which consumer products are 

sold, supplied, or offered for sale directly to consumers.

"Retailer" means a person who sells, supplies, or offers consumer 

products for sale directly to consumers.

"Roll-on product" means an antiperspirant or deodorant that dispenses 

active ingredients by rolling a wetted ball or wetted cylinder on the affected area.

"Rubber and vinyl protectant" means a product designed to protect, 

preserve, or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and 

household products such as vinyl covers, clothing, and accessories. Rubber and vinyl 

protectant does not include products primarily designed to clean the wheel rim, such as 

aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an 

appearance-enhancing or protective substance on the tire.

"Rubbing alcohol" means a product containing isopropyl alcohol (also 

called isopropanol) or denatured ethanol and labeled for topical use, usually to 

decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a 

rubefacient, and for massage.

"Sealant and caulking compound" means a product with adhesive 

properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints 

between two surfaces. Sealant and caulking compound does not include roof cements 

and roof sealants; insulating foams; removable caulking compounds; clear or paintable 

or water resistant caulking compounds; floor seam sealers; products designed 

exclusively for automotive uses; or sealers that are applied as continuous coatings. 

Sealant and caulking compound also does not include units of product, less packaging, 

which weigh more than one pound and consist of more than 16 fluid ounces. For the 

purposes of this definition only, "removable caulking [ compounds ] compound" means 

a compound that temporarily seals windows or doors for three- to six-month time 
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intervals; and "clear or paintable or water resistant caulking [ compounds ] compound"

means a compound that contains no appreciable level of opaque fillers or pigments, 

transmits most or all visible light through the caulk when cured, is paintable, and is 

immediately resistant to precipitation upon application.

"Semisolid" means a product that, at room temperature, will not pour, but 

will spread or deform easily, including, but not limited to gels, pastes, and greases.

"Shaving cream" means an aerosol product that dispenses a foam lather 

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

removal of facial or other bodily hair. Shaving cream does not include shaving gel.

"Shaving gel" means an aerosol product that dispenses a post-foaming 

semisolid designed to be used with a blade, cartridge razor, or other shaving system in 

the removal of facial or other bodily hair. Shaving gel does not include shaving cream.

"Shortfall" means the ACP emissions minus the ACP limit when the ACP 

emissions were greater than the ACP limit during a specified compliance period, 

expressed to the nearest pound of VOC. Shortfall does not include emissions occurring 

prior to the date that the ACP agreement approving an ACP is signed by the board.

"Silicone-based multipurpose lubricant" means a lubricant that is:

1. Designed and labeled to provide lubricity primarily through the 

use of silicone compounds including, but not limited to, polydimethylsiloxane; and

2. Designed and labeled for general purpose lubrication, or for use 

in a wide variety of applications.

Silicone-based multipurpose lubricant does not include products designed and labeled 

exclusively to release manufactured products from molds.

"Single phase aerosol air freshener" means an aerosol air freshener with 

the liquid contents in a single homogeneous phase and that does not require that the 

product container be shaken before use.

"Small business" means any stationary source that is owned or operated 

by a person that employs 100 or fewer individuals; is a small business concern as 

defined in the federal Small Business Act; is not a major stationary source; does not 

emit 50 tons or more per year of any regulated pollutant; and emits less than 75 tons 

per year of all regulated pollutants.

"Solid" means a substance or mixture of substances that, either whole or 

subdivided (such as the particles composing a powder), is not capable of visually 
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detectable flow as determined under ASTM "Standard Test Method for Determining 

Whether a Material is a Liquid or a Solid" (see 9VAC5-20-21).

"Special purpose spray adhesive" means an aerosol adhesive that meets 

any of the following definitions:

1. "Mounting adhesive" means an aerosol adhesive designed to 

permanently mount photographs, artwork, or other drawn or printed media to a backing 

(paper, board, cloth, etc.) without causing discoloration to the artwork.

2. "Flexible vinyl adhesive" means an aerosol adhesive designed to 

bond flexible vinyl to substrates. "Flexible vinyl" means a nonrigid polyvinyl chloride 

plastic with at least 5.0%, by weight, of plasticizer content. A plasticizer is a material, 

such as a high boiling point organic solvent, that is incorporated into a plastic to 

increase its flexibility, workability, or distensibility, and may be determined using ASTM 

"Standard Practice for Packed Column Gas Chromatography" (see 9VAC5-20-21) or 

from product formulation data.

3. "Polystyrene foam adhesive" means an aerosol adhesive 

designed to bond polystyrene foam to substrates.

4. "Automobile headliner adhesive" means an aerosol adhesive 

designed to bond together layers in motor vehicle headliners.

5. "Polyolefin adhesive" means an aerosol adhesive designed to 

bond polyolefins to substrates.

6. "Laminate repair or edgebanding adhesive" means an aerosol 

adhesive designed for:

a. The touch-up or repair of items laminated with high 

pressure laminates (e.g., lifted edges, delaminates, etc.); or

b. The touch-up, repair, or attachment of edgebonding 

materials, including but not limited to, other laminates, synthetic marble, veneers, wood 

molding, and decorative metals.

For the purposes of this definition, "high pressure laminate" means sheet materials that 

consist of paper, fabric, or other core material that have been laminated at 

temperatures exceeding 265°F and at pressures between 1,000 and 1,400 psi.

7. "Automotive engine compartment adhesive" means an aerosol 

adhesive designed for use in motor vehicle under-the-hood applications that require oil 

and plasticizer resistance, as well as high shear strength, at temperatures of 200-
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275°F.

"Spot remover" means a product labeled to clean localized areas or 

remove localized spots or stains on cloth or fabric, such as drapes, carpets, upholstery, 

and clothing, that does not require subsequent laundering to achieve stain removal. 

Spot remover does not include dry cleaning fluid, laundry prewash, or multipurpose 

solvent.

"Spray buff product" means a product designed to restore a worn floor 

finish in conjunction with a floor buffing machine and special pad.

"Stick product" means an antiperspirant or a deodorant that contains 

active ingredients in a solid matrix form, and that dispenses the active ingredients by 

frictional action on the affected area.

"Structural waterproof adhesive" means an adhesive whose bond lines 

are resistant to conditions of continuous immersion in fresh or salt water and that 

conforms with the definition in the federal consumer products regulation, 40 CFR 59 

Subpart C.

"Surplus reduction" means the ACP limit minus the ACP emissions when 

the ACP limit was greater than the ACP emissions during a given compliance period, 

expressed to the nearest pound of VOC. Except as provided in 9VAC5-45-440 F 3, 

surplus reduction does not include emissions occurring prior to the date that the ACP 

agreement approving an ACP is signed by the board.

"Surplus trading" means the buying, selling, or transfer of surplus 

reductions between responsible ACP parties.

"Terrestrial" means to live on or grow from land.

"Tire sealant and inflator" means a pressurized product that is designed to 

temporarily inflate and seal a leaking tire.

"Toilet/urinal care product" means any product designed or labeled to 

clean or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or 

urinals includes, but is not limited to, toilets or urinals connected to permanent plumbing 

in buildings and other structures, portable toilets or urinals placed at temporary or 

remote locations, and toilet or urinals in vehicles such as buses, recreational motor 

homes, boats, ships, and aircraft. Toilet/urinal care product does not include bathroom 

and tile cleaner or general purpose cleaner.

"Total maximum historical emissions" or "TMHE" means the total VOC 

emissions from all ACP products for which the responsible ACP party has failed to 
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submit the required VOC content or enforceable sales records. The TMHE shall be 

calculated for each ACP product during each portion of a compliance period for which 

the responsible ACP party has failed to provide the required VOC content or 

enforceable sales records. The TMHE shall be expressed to the nearest pound and 

calculated according to the following calculation:

where:

Highest VOC content = the maximum VOC content that the ACP product 

has contained in the previous five years, if the responsible ACP party has failed to meet 

the requirements for reporting VOC content data (for any portion of the compliance 

period), as specified in the ACP agreement approving the ACP, or the current actual 

VOC content, if the responsible ACP party has provided all required VOC Content data 

(for the entire compliance period), as specified in the ACP agreement.

Highest sales = the maximum one-year gross sales of the ACP product in 

the previous five years, if the responsible ACP party has failed to meet the 

requirements for reporting enforceable sales records (for any portion of the compliance 

period), as specified in the ACP agreement approving the ACP, or the current actual 

one-year enforceable sales for the product, if the responsible ACP party has provided 

all required enforceable sales records (for the entire compliance period), as specified in 

the ACP agreement approving the ACP.

Missing [ Data Days ] data days = (see definition in this section).

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

responsible ACP party has failed to submit the required enforceable sales or VOC 

content data as specified in the ACP agreement.

"Type A propellant" means a compressed gas such as CO2, N2, N2O, or 

compressed air that is used as a propellant and is either incorporated with the product 

or contained in a separate chamber within the product's packaging.

"Type B propellant" means a halocarbon that is used as a propellant 

including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and 

hydrofluorocarbons (HFCs).

"Type C propellant" means a propellant that is not a Type A or Type B 

propellant, including propane, isobutane, n-butane, and dimethyl ether (also known as 
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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 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 
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to, substances derived from the secretions of plants and animals such as carnauba wax 

and beeswax, substances of a mineral origin such as ozocerite and paraffin, and 

synthetic polymers such as polyethylene.

"Web spray adhesive" means an aerosol adhesive that is not a mist spray 

or special purpose spray adhesive.

"Wood cleaner" means a product labeled to clean wooden materials 

including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. 

Wood cleaner does not include dusting aids, general purpose cleaners, furniture 

maintenance products, floor wax strippers, floor polish or waxes, or products designed 

and labeled exclusively to preserve or color wood.

"Wood floor wax" means wax-based products for use solely on wood 

floors.

"Working day" means a day between Monday through Friday, inclusive, 

except for federal holidays.

9VAC5-45-430. Standard for volatile organic compounds.

A. Except as provided in 9VAC5-45-410, 9VAC5-45-440, and 9VAC5-45-450, no 

owner or other person shall (i) sell, supply, or offer for sale a consumer product 

manufactured on or after [ 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 adhesive: 65%

Web spray adhesive: 55%
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Special purpose spray adhesives

Automotive engine compartment adhesive: 70%

Automotive headliner adhesive: 65%

Flexible vinyl adhesive: 70%

Laminate repair or edgebanding adhesive: 60%

Mounting adhesive: 70%

Polystyrene foam adhesive: 65%

Polyolefin adhesive: 60%

Contact adhesives

General purpose contact adhesive: 55%

Special purpose contact adhesive: 80%

Construction, panel, and floor covering adhesive: 15%

General purpose adhesive: 10%

Structural waterproof adhesive: 15%

Air fresheners

Single-phase aerosol: 30%

Double-phase aerosol: 25%

Liquid/Pump spray: 18%

Solid/Semisolid: 3%

Antiperspirants

Aerosol: 40% HVOC,

10% MVOC

Nonaerosol: 0% HVOC,

0% MVOC

Anti-static product, nonaerosol: 11%

Automotive brake cleaner: 45%

Automotive rubbing or polishing compound: 17%

Automotive wax, polish, sealant, or glaze

Hard paste wax: 45%

Instant detailer: 3%
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All other forms: 15%

Automotive windshield washer fluid: 35%

Bathroom and tile cleaners

Aerosol: 7%

All other forms: 5%

Bug and tar remover: 40%

Carburetor or fuel-injection air intake cleaner: 45%

Carpet and upholstery cleaners

Aerosol: 7%

Nonaerosol (dilutable): 0.1%

Nonaerosol (ready-to-use): 3.0%

Charcoal lighter material: See subsection

E of this section.

Cooking spray, aerosol: 18%

Deodorants

Aerosol: 0% HVOC,

10% MVOC

Nonaerosol: 0% HVOC,

0% MVOC

Dusting aids

Aerosol: 25%

All other forms: 7%

Electrical cleaner 45%

Electronic cleaner 75%

Engine degreasers

Aerosol: 35%

Nonaerosol: 5%

Fabric protectant: 60%

Fabric refreshers

Aerosol: 15%
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Nonaerosol: 6%

Floor polishes/Waxes

Products for flexible flooring materials: 7%

Products for nonresilient flooring: 10%

Wood floor wax: 90%

Floor wax stripper, nonaerosol: See subsection

G of this section.

Footwear or leather care products

Aerosol: 75%

Solid: 55%

All other forms: 15%

Furniture maintenance products

Aerosol: 17%

All other forms except solid or paste: 7%

General purpose cleaners

Aerosol: 10%

Nonaerosol: 4%

General purpose degreasers

Aerosol: 50%

Nonaerosol: 4%

Glass cleaners

Aerosol: 12%

Nonaerosol: 4%

Graffiti removers

Aerosol: 50%

Nonaerosol: 30%

Hair mousse: 6%

Hair shine: 55%

Hair spray: 55%

Hair styling products
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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%
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Aerosol: 10%

Sealant and caulking compound: 4%

Shaving cream: 5%

Shaving gel: 7%

Silicone-based multipurpose lubricant (excluding solid or 

semi-solid products): 

60%

Spot removers

Aerosol: 25%

Nonaerosol: 8%

Tire sealant and inflator: 20%

Toile/urinal care products

Aerosol: 10%

Nonaerosol: 3%

Undercoating, aerosol: 40%

Wood cleaners

Aerosol: 17%

Nonaerosol: 4%

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

sale an antiperspirant or a deodorant that contains a compound that has been defined 

as a toxic pollutant in 9VAC5-60-210 C.

C. Provisions follow concerning products that are diluted prior to use.

1. For consumer products for which the label, packaging, or 

accompanying literature specifically states that the product should be diluted with water 

or non-VOC solvent prior to use, the limits specified in Table 45-4A shall apply to the 

product only after the minimum recommended dilution has taken place. For purposes of 

this subsection, "minimum recommended dilution" shall not include recommendations 

for incidental use of a concentrated product to deal with limited special applications 

such as hard-to-remove soils or stains.

2. For consumer products for which the label, packaging, or 

accompanying literature states that the product should be diluted with a VOC solvent 

prior to use, the limits specified in Table 45-4A shall apply to the product only after the 

maximum recommended dilution has taken place.
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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 

products:

1. Effective as of the applicable compliance date specified in 9VAC5-45-

480, no owner or other person shall (i) sell, supply, or offer for sale a charcoal lighter 

material product manufactured on or after [ 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 currently effective certification by CARB under 

the Consumer Products provisions under Subchapter 8.5, Article 2, § 94509(h), of Title 

17 of the California Code of Regulations (see 9VAC5-20-21). This certification remains 

in effect for as long as the CARB certification remains in effect. A manufacturer 

claiming such a certification on this basis must submit to the board a copy of the 

certification decision (i.e., the executive order), including all conditions established by 

CARB applicable to the certification.

b. The manufacturer or distributor of the charcoal lighter material 

has been issued a currently effective certification pursuant to subdivision 2 of this 

subsection.

c. The charcoal lighter material meets the formulation criteria and 

other conditions specified in the applicable ACP agreement issued pursuant to 

subdivision 2 of this subsection.

d. The product usage directions for the charcoal lighter material are 

the same as those provided to the board pursuant to subdivision 2 c of this subsection.

2. Provisions follow concerning certification requirements.

a. No charcoal lighter material formulation shall be certified under 

this subdivision unless the applicant for certification demonstrates to the board's 

satisfaction that the VOC emissions from the ignition of charcoal with the charcoal 

lighter material are less than or equal to 0.020 pound of VOC per start, using the 

procedures specified in the South Coast Air Quality Management District Rule 1174 

Ignition Method Compliance Certification Protocol (see 9VAC5-20-21). The provisions 

relating to LVP-VOC in 9VAC5-45-410 F and 9VAC5-45-420 C shall not apply to a 
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charcoal lighter material subject to the requirements of 9VAC5-45-430 A and this 

subsection.

b. The board may approve alternative test procedures that are 

shown to provide equivalent results to those obtained using the South Coast Air Quality 

Management District Rule 1174 Ignition Method Compliance Certification Protocol (see 

9VAC5-20-21).

c. A manufacturer or distributor of charcoal lighter material may 

apply to the board for certification of a charcoal lighter material formulation in 

accordance with this subdivision. The application shall be in writing and shall include, at 

a minimum, the following:

(1) The results of testing conducted pursuant to the 

procedures specified in South Coast Air Quality Management District Rule 1174 Testing 

Protocol (see 9VAC5-20-21); and

(2) The exact text or graphics that will appear on the 

charcoal lighter material's principal display panel, label, or accompanying literature. The 

provided material shall clearly show the usage directions for the product. These 

directions shall accurately reflect the quantity of charcoal lighter material per pound of 

charcoal that was used in the South Coast Air Quality Management District Rule 1174 

Testing Protocol (see 9VAC5-20-21) for that product, unless:

(a) The charcoal lighter material is intended to be 

used in fixed amounts independent of the amount of charcoal used, such as certain 

paraffin cubes, or

(b) The charcoal lighter material is already 

incorporated into the charcoal, such as certain "bag light," "instant light" or "match light" 

products.

(3) For a charcoal lighter material that meets the criteria 

specified in subdivision 2 c (2) (a) of this subsection, the usage instructions provided to 

the board will accurately reflect the quantity of charcoal lighter material used in the 

South Coast Air Quality Management District Rule 1174 Testing Protocol (see 9VAC5-

20-21) for that product.

(4) Physical property data, formulation data, or other 

information required by the board for use in determining when a product modification 

has occurred and for use in determining compliance with the conditions specified on the 

ACP agreement issued pursuant to subdivision 2 e of this subsection.

d. Within 30 days of receipt of an application, the board will advise 
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the applicant in writing either that it is complete or that specified additional information 

is required to make it complete. Within 30 days of receipt of additional information, the 

board will advise the applicant in writing either that the application is complete, or that 

specified additional information or testing is still required before it can be deemed 

complete.

e. If the board finds that an application meets the requirements of 

subdivision 2 of this subsection, then an ACP agreement shall be issued certifying the 

charcoal lighter material formulation and specifying such conditions as are necessary to 

insure that the requirements of this subsection are met. The board will act on a 

complete application within 90 days after the application is deemed complete.

3. For charcoal lighter material for which certification has been granted 

pursuant to subdivision 2 of this subsection, the applicant for certification shall notify the 

board in writing within 30 days of: (i) a change in the usage directions, or (ii) a change in

product formulation, test results, or other information submitted pursuant to subdivision 

2 of this subsection that may result in VOC emissions greater than 0.020 pound of VOC 

per start.

4. If the board determines that a certified charcoal lighter material 

formulation results in VOC emissions from the ignition of charcoal that are greater than 

0.020 pound of VOC per start, as determined by the South Coast Air Quality 

Management District Rule 1174 Testing Protocol (see 9VAC5-20-21) and the statistical 

analysis procedures contained therein, the board will revoke or modify the certification 

as is necessary to assure that the charcoal lighter material will result in VOC emissions 

of less than or equal to 0.020 pound of VOC per start.

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

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

adhesives, including consumer, industrial, and commercial uses. Except as otherwise 

provided in 9VAC5-45-410 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 [ 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 specified 

standard.

2. a. In order to qualify as a "special purpose spray adhesive," the product 

must meet one or more of the definitions for special purpose spray adhesive specified 

in 9VAC5-45-420 C, but if the product label indicates that the product is suitable for use 

on a substrate or application not listed in 9VAC5-45-420 C, then the product shall be 

classified as either a "web spray adhesive" or a "mist spray adhesive."

b. If a product meets more than one of the definitions specified in 
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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 

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 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.

H. For a consumer product for which standards are specified under subsection A 

of this section, no owner or other person shall sell, supply, offer for sale, or manufacture 

for sale a consumer product that contains any of the following 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.
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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 ozonedepleting compounds that may be present as impurities in a consumer product in an 

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

9VAC5-45-440. Alternative control plan (ACP) for consumer products.

A. 1. Manufacturers of consumer products may seek an ACP agreement in 

accordance with subsections B through L of this section.

2. Only responsible ACP parties for consumer products may enter into an 

ACP agreement under the provisions of this section.

B. Provisions follow concerning the requirements and process for approval of an 

ACP.

1. To be considered by the board for approval, an application for a 

proposed ACP shall be submitted in writing to the board by the responsible ACP party 

and shall contain all of the following:

a. An identification of the contact persons, phone numbers, names,

and addresses of the responsible ACP party that is submitting the ACP application and 

will be implementing the ACP requirements specified in the ACP agreement.

b. A statement of whether the responsible ACP party is a small 

business or a one-product business.

c. A listing of the exact product brand name, form, available 

variations (flavors, scents, colors, sizes, etc.), and applicable product category for each 

distinct ACP product that is proposed for inclusion in the ACP.

d. For each proposed ACP product identified in subdivision 1 c of 

this subsection, a demonstration to the satisfaction of the board that the enforceable 

sales records to be used by the responsible ACP party for tracking product sales meet 

the minimum criteria specified in subdivision 1 d (5) of this subsection. To provide this 

demonstration, the responsible ACP party shall either demonstrate to the satisfaction of 

the board that other records provided to the board in writing by the responsible ACP 

party meet the minimum criteria of subdivision 1 d (5) of this subsection for tracking 

product sales of each ACP product, or do all of the following:
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(1) Provide the contact persons, phone numbers, names, 

street and mail addresses of all persons and businesses who will provide information 

that will be used to determine the enforceable sales;

(2) Determine the enforceable sales of each product using 

enforceable sales records;

(3) Demonstrate, to the satisfaction of the board, the validity 

of the enforceable sales based on enforceable sales records provided by the contact 

persons or the responsible ACP party;

(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 reported in subdivision 1 e (2) (a) of this 

subsection.

f. A written commitment obligating the responsible ACP party to 

date-code every unit of each ACP product approved for inclusion in the ACP. The 

commitment shall require the responsible ACP party to display the date-code on each 

ACP product container or package no later than five working days after the date an 

ACP agreement approving an ACP is signed by the board.

g. An operational plan covering all the products identified under 
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subdivision 1 d (5) of this subsection for each compliance period that the ACP will be in 

effect. The operational plan shall contain all of the following:

(1) An identification of the compliance periods and dates for 

the responsible ACP party to report the information required by the board in the ACP 

agreement approving an ACP. The length of the compliance period shall be chosen by 

the responsible ACP party (not to exceed 365 days). The responsible ACP party shall 

also choose the dates for reporting information such that all required VOC content and 

enforceable sales data for all ACP products shall be reported to the board at the same 

time and at the same frequency.

(2) An identification of specific enforceable sales records to 

be provided to the board for enforcing the provisions of this article and the ACP 

agreement approving an ACP. The enforceable sales records shall be provided to the 

board no later than the compliance period dates specified in subdivision 1 g (1) of this 

subsection.

(3) For a small business or a one-product business that will 

be relying to some extent on surplus trading to meet its ACP limits, a written 

commitment from the responsible ACP party that they will transfer the surplus 

reductions to the small business or one-product business upon approval of the ACP.

(4) For each ACP product, all VOC content levels that will be 

applicable for the ACP product during each compliance period. The plan shall also 

identify the specific method by which the VOC content will be determined and the 

statistical accuracy and precision (repeatability and reproducibility) will be calculated for 

each specified method.

(5) The projected enforceable sales for each ACP product at 

each different VOC content for every compliance period that the ACP will be in effect.

(6) A detailed demonstration showing the combination of 

specific ACP reformulations or surplus trading (if applicable) that is sufficient to ensure 

that the ACP emissions will not exceed the ACP limit for each compliance period that 

the ACP will be in effect, the approximate date within each compliance period that such 

reformulations or surplus trading are expected to occur, and the extent to which the 

VOC contents of the ACP products will be reduced (i.e., by ACP reformulation). This 

demonstration shall use the equations specified in 9VAC5-45-420 C for projecting the 

ACP emissions and ACP limits during each compliance period. This demonstration 

shall also include all VOC content levels and projected enforceable sales for all ACP 

products to be sold during each compliance period.

(7) A certification that all reductions in the VOC content of a 

product will be real, actual reductions that do not result from changing product names, 
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mischaracterizing ACP product reformulations that have occurred in the past, or other 

attempts to circumvent the provisions of this article.

(8) Written explanations of the date-codes that will be 

displayed on each ACP product's container or packaging.

(9) A statement of the approximate dates by which the 

responsible ACP party plans to meet the applicable ACP VOC standards for each 

product in the ACP.

(10) An operational plan ("reconciliation of shortfalls plan") 

that commits the responsible ACP party to completely reconcile shortfalls, even, to the 

extent permitted by law, if the responsible ACP party files for bankruptcy protection. The

plan for reconciliation of shortfalls shall contain all of the following:

(a) A clear and convincing demonstration of how 

shortfalls of up to 5.0%, 10%, 15%, 25%, 50%, 75% and 100% of the applicable ACP 

limit will be completely reconciled within 90 working days from the date the shortfall is 

determined;

(b) A listing of the specific records and other 

information that will be necessary to verify that the shortfalls were reconciled as 

specified in this subsection; and

(c) A commitment to provide a record or information 

requested by the board to verify that the shortfalls have been completely reconciled.

h. A declaration, signed by a legal representative for the 

responsible ACP party, that states that all information and operational plans submitted 

with the ACP application are true and correct.

2. a. In accordance with the time periods specified in subsection C of this 

section, the board will issue an ACP agreement approving an ACP that meets the 

requirements of this article. The board will specify such terms and conditions as are 

necessary to ensure that the emissions from the ACP products do not exceed the 

emissions that would have occurred if the ACP products subject to the ACP had met 

the VOC standards specified in 9VAC5-45-430 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
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(3) Operational terms, conditions, and data to be reported to 

the board to ensure that all requirements of this article are met.

b. The board will not approve an ACP submitted by a responsible 

ACP party if the board determines, upon review of the responsible ACP party's 

compliance history with past or current ACPs or the requirements for consumer 

products in this article, that the responsible ACP party has a recurring pattern of 

violations and has consistently refused to take the necessary steps to correct those 

violations.

C. Provisions follow concerning ACP approval time frames.

1. The board will take appropriate action on an ACP within the following 

time periods:

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

board will inform the applicant in writing that either:

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

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

information required to make the application complete.

b. Within 30 working days of receipt of additional information 

provided in response to a determination that an ACP application is deficient, the board 

will inform the applicant in writing that either:

(1) The additional information is sufficient to make the 

application complete, and the application is accepted for filing, or

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

information required to make the application complete.

c. If the board finds that an application meets the requirements of 

subsection B of this section, then it shall issue an ACP agreement in accordance with 

the requirements of this article. The board will normally act to approve or disapprove a 

complete application within 90 working days after the application is deemed complete. 

The board may extend this time period if additional information is needed. 

2. [ 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.
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D. Provisions follow concerning recordkeeping and availability of requested 

information.

1. All information specified in the ACP [ Agreement ] agreement

approving an ACP shall be maintained by the responsible ACP party for a minimum of 

three years after such records are generated. Such records shall be clearly legible and 

maintained in good condition during this period.

2. The records specified in subdivision 1 of this subsection shall be made 

available to the board or its authorized representative:

a. Immediately upon request, during an on-site visit to a 

responsible ACP party,

b. Within five working days after receipt of a written request from 

the board, or

c. Within a time period mutually agreed upon by both the board and 

the responsible ACP party.

E. Provisions follow concerning violations.

1. Failure to meet a requirement of this article or a condition of an 

applicable ACP agreement shall constitute a single, separate violation of this article for 

each day until such requirement or condition is satisfied, except as otherwise provided 

in subdivisions 2 through 8 of this subsection.

2. False reporting of information in an ACP application or in any 

supporting documentation or amendments thereto shall constitute a single, separate 

violation of the requirements of this article for each day that the approved ACP is in 

effect.

3. An exceedance during the applicable compliance period of the VOC 

content specified for an ACP product in the ACP agreement approving an ACP shall 

constitute a single, separate violation of the requirements of this article for each ACP 

product that exceeds the specified VOC content that is sold, supplied, offered for sale, 

or manufactured for use.

4. Any of the following actions shall each constitute a single, separate 

violation of the requirements of this article for each day after the applicable deadline 

until the requirement is satisfied:

a. Failure to report data or failure to report data accurately in writing 
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to the board regarding the VOC content, LVP content, enforceable sales, or other 

information required by the deadline specified in the applicable ACP agreement;

b. False reporting of information submitted to the board for 

determining compliance with the ACP requirements;

c. Failure to completely implement the reconciliation of shortfalls 

plan that is set forth in the ACP agreement within 30 working days from the date of 

written notification of a shortfall by the board; or

d. Failure to completely reconcile the shortfall as specified in the 

ACP agreement within 90 working days from the date of written notification of a shortfall 

by the board.

5. False reporting or failure to report any of the information specified in 

subdivision F 2 i of this section or the sale or transfer of invalid surplus reductions shall 

constitute a single, separate violation of the requirements of this article for each day 

during the time period for which the surplus reductions are claimed to be valid.

6. Except as provided in subdivision 7 of this subsection, an exceedance 

of the ACP limit for a compliance period that the ACP is in effect shall constitute a 

single, separate violation of the requirements of this article for each day of the 

applicable compliance period. The board will determine whether an exceedance of the 

ACP limit has occurred as follows:

a. If the responsible ACP party has provided all required 

information for the applicable compliance period specified in the ACP agreement 

approving an ACP, then the board will determine whether an exceedance has occurred 

using the enforceable sales records and VOC content for each ACP product, as 

reported by the responsible ACP party for the applicable compliance period.

b. If the responsible ACP party has failed to provide all the required 

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

board will determine whether an exceedance of the ACP limit has occurred as follows:

(1) For the missing data days, the board will calculate the 

total maximum historical emissions as specified in 9VAC5-45-420 C.

(2) For the remaining portion of the compliance period that 

are not missing data days, the board will calculate the emissions for each ACP product 

using the enforceable sales records and VOC content that were reported for that 

portion of the applicable compliance period.

(3) The ACP emissions for the entire compliance period 
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shall be the sum of the total maximum historical emissions determined pursuant to 

subdivision 6 b (1) of this subsection, and the emissions determined pursuant to

subdivision 6 b (2) of this subsection.

(4) The board will calculate the ACP limit for the entire 

compliance period using the ACP [ Standards ] standards applicable to each ACP 

product and the enforceable sales records specified in subdivision 6 b (2) of this 

subsection. The enforceable sales for each ACP product during missing data days, as 

specified in subdivision 6 b (1) of this subsection, shall be zero.

(5) An exceedance of the ACP limit has occurred when the 

ACP emissions, determined pursuant to subdivision 6 b (3) of this subsection, exceeds 

the ACP limit, determined pursuant to subdivision 6 b (4) of this subsection.

7. If a violation specified in subdivision 6 of this subsection occurs, the 

responsible ACP party may, pursuant to this subdivision, establish the number of 

violations as calculated according to the following equation:

where:

NEV = number of ACP limit violations.

ACP emissions = the ACP emissions for the compliance period.

ACP limit = the ACP limit for the compliance period.

40 pounds = number of pounds of emissions equivalent to one violation.

The responsible ACP party may determine the number of ACP limit violations pursuant 

to this subdivision only if it has provided all required information for the applicable 

compliance period, as specified in the ACP agreement approving the ACP. By choosing 

this option, the responsible ACP party waives all legal objections to the calculation of 

the ACP limit violations pursuant to this subdivision.

8. A cause of action against a responsible ACP party under this section 

shall be deemed to accrue on the date when the records establishing a violation are 

received by the board.

9. The responsible ACP party is fully liable for compliance with the 

requirements of this article, even if the responsible ACP party contracts with or 

otherwise relies on another person to carry out some or all of the requirements of this 
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article.

F. Provisions follow concerning surplus reductions and surplus trading.

1. The board will issue surplus reduction certificates that establish and 

quantify, to the nearest pound of VOC reduced, the surplus reductions achieved by a 

responsible ACP party operating under an ACP. The surplus reductions can be bought 

from, sold to, or transferred to a responsible ACP party operating under an ACP, as 

provided in subdivision 2 of this subsection. All surplus reductions shall be calculated by 

the board at the end of each compliance period within the time specified in the 

approved ACP. Surplus reduction certificates shall not constitute instruments, 

securities, or another form of property.

2. The issuance, use, and trading of all surplus reductions shall be subject 

to the following provisions:

a. For the purposes of this article, VOC reductions from sources of 

VOCs other than consumer products subject to the VOC standards specified in 9VAC5-

45-430 A may not be used to generate surplus reductions.

b. Surplus reductions are valid only when generated by a 

responsible ACP party and only while that responsible ACP party is operating under an 

approved ACP.

c. Surplus reductions are valid only after the board has issued an 

ACP agreement pursuant to subdivision 1 of this subsection.

d. Surplus reductions issued by the board may be used by the 

responsible ACP party who generated the surplus until the reductions expire, are 

traded, or until the ACP is canceled pursuant to subdivision J 2 of this section.

e. Surplus reductions cannot be applied retroactively to a 

compliance period prior to the compliance period in which the reductions were 

generated.

f. Except as provided in subdivision 2 g (2) of this subsection, only 

small or one-product businesses selling products under an approved ACP may 

purchase surplus reductions. An increase in the size of a small business or one-product 

business shall have no effect on surplus reductions purchased by that business prior to 

the date of the increase.

g. While valid, surplus reductions can be used only for the following 

purposes:
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(1) To adjust the ACP emissions of either the responsible 

ACP party who generated the reductions or the responsible ACP party to which the 

reductions were traded, provided the surplus reductions are not to be used by a 

responsible ACP party to further lower its ACP emissions when its ACP emissions are 

equal to or less than the ACP limit during the applicable compliance period; or

(2) To be traded for the purpose of reconciling another 

responsible ACP party's shortfalls, provided such reconciliation is part of the 

reconciliation of shortfalls plan approved by the board pursuant to subdivision B 1 g (10)

of this section.

h. A valid surplus reduction shall be in effect starting five days after 

the date of issuance by the board for a continuous period equal to the number of days 

in the compliance period during which the surplus reduction was generated. The 

surplus reduction shall then expire at the end of its effective period.

i. At least five working days prior to the effective date of transfer of 

surplus reductions, both the responsible ACP party that is selling surplus reductions 

and the responsible ACP party that is buying the surplus reductions shall, either

together or separately, notify the board in writing of the transfer. The notification shall 

include all of the following:

(1) The date the transfer is to become effective;.

(2) The date the surplus reductions being traded are due to 

expire;.

(3) The amount (in pounds of VOCs) of surplus reductions 

that are is being transferred;.

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

reductions;.

(5) The contact persons, names of the companies, street 

and mail addresses, and phone numbers of the responsible ACP parties involved in the 

trading of the surplus reductions; and.

(6) A copy of the board-issued surplus reductions certificate, 

signed by both the seller and buyer of the certificate, showing transfer of all or a 

specified portion of the surplus reductions. The copy shall show the amount of any 

remaining nontraded surplus reductions, if applicable, and shall show their expiration 

date. The copy shall indicate that both the buyer and seller of the surplus reductions 

fully understand the conditions and limitations placed upon the transfer of the surplus 

reductions and accept full responsibility for the appropriate use of such surplus 
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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 oneyear (365 day) period immediately prior to the date on which the application for a 

proposed ACP is submitted to the board. Early reformulation does not include 

reformulated ACP products that are sold, supplied, or offered for sale more than one 

year prior to the date on which the ACP application is submitted to the board.

b. If requested in the application for a proposed ACP, the board 

will, upon approval of the ACP, issue surplus reduction credits for early reformulation of 

ACP products, provided that all of the following documentation has been provided by 

the responsible ACP party to the satisfaction of the board:

(1) Accurate documentation showing that the early 

reformulation reduced the VOC content of the ACP product to a level that is below the 

pre-ACP VOC content of the product or below the applicable VOC standard specified in 

9VAC 5-45-430 A, whichever is the lesser of the two;

(2) Accurate documentation demonstrating that the early 

reformulated ACP product was sold in retail outlets within the time period specified in 

subdivision 3 a of this subsection;

(3) Accurate sales records for the early reformulated ACP 

product that meet the definition of enforceable sales records and that demonstrate that 

the enforceable sales for the ACP product are at least 75% of the gross sales for the 

product, as specified in subdivision B 1 d of this section; and

(4) Accurate documentation for the early reformulated ACP 

product that meets the requirements specified in subdivisions B 1 c and d and B 1 g (7) 

and (8) of this section and that identifies the specific test methods for verifying the 

claimed early reformulation and the statistical accuracy and precision of the test 

methods as specified in subdivision B 1 g (4) of this section.

c. Surplus reduction credits issued pursuant to this subsection shall 

be calculated separately for each early reformulated ACP product by the board 

according to the following equation:
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100

((VOC Content ) (VOC Content ) ) SR= Enforceable Sales x

initial final −

where:

SR = surplus reductions for the ACP product, expressed to the 

nearest pound.

Enforceable sales = the enforceable sales for the early 

reformulated ACP product, expressed to the nearest pound of ACP product.

VOC contentinitial = the pre-ACP VOC content of the ACP product, 

or the applicable VOC standard specified in 9VAC5-45-430 A, whichever is the lesser of

the two, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product.

VOC contentfinal = the VOC content of the early reformulated ACP 

product after the early reformulation is achieved, expressed to the nearest 0.1 pounds 

of VOC per 100 pounds of ACP product.

d. The use of limited use surplus reduction credits issued pursuant 

to this subdivision shall be subject to all of the following provisions:

(1) Limited use surplus reduction credits shall be used solely 

to reconcile the responsible ACP party's shortfalls, if any, generated during the first 

compliance period occurring immediately after the issuance of the ACP agreement 

approving an ACP, and 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. Provisions follow concerning the reconciliation of shortfalls.

1. At the end of each compliance period, the responsible ACP party shall 

make an initial calculation of shortfalls occurring in that compliance period as specified 

in the ACP agreement approving the ACP. Upon receipt of this information, the board 

will determine the amount of a shortfall that has occurred during the compliance period 

and shall notify the responsible ACP party of this determination.

2. The responsible ACP party shall implement the reconciliation of 
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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 product usage directions. The responsible ACP 

party shall notify the board of such changes, in writing, no later than 15 working days 

from the date such a change occurs. For each modification, the notification shall fully 

explain the following:

a. The nature of the modification;

b. The extent to which the ACP product formulation, VOC content, 

LVP content, or recommended usage directions will be changed;

c. The extent to which the ACP emissions and ACP limit specified 

in the ACP agreement will be changed for the applicable compliance period; and

d. The effective date and corresponding date-codes for the 

modification.

2. The responsible ACP party may propose modifications to the 

enforceable sales records or the reconciliation of shortfalls plan specified in the ACP 

agreement approving the ACP, however, such modifications require board preapproval. Any such proposed modifications shall be fully described in writing and 

forwarded to the board. The responsible ACP party shall clearly demonstrate that the 

proposed modifications will meet the requirements of this article. The board will act on 

the proposed modifications using the procedure set forth in subsection C of this section. 

The responsible ACP party shall meet all applicable requirements of the existing ACP 

until such time as a proposed modification is approved in writing by the board.

3. Except as otherwise provided in subdivisions 1 and 2 of this subsection, 
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the responsible ACP party shall notify the board, in writing, of information known by the 

responsible ACP party that may alter the information submitted pursuant to the 

requirements of subsection B of this section. The responsible ACP party shall provide 

such notification to the board no later than 15 working days from the date such 

information is known to the responsible ACP party.

I. Provisions follow concerning the modification of an ACP by the board.

1. If the board determines that: (i) the enforceable sales for an ACP 

product are no longer at least 75% of the gross sales for that product, (ii) the 

information submitted pursuant to the approval process set forth in subsection C of this 

section is no longer valid, or (iii) the ACP emissions are exceeding the ACP limit 

specified in the ACP agreement approving an ACP, then the board will modify the ACP 

as necessary to ensure that the ACP meets all requirements of this article and that the 

ACP emissions will not exceed the ACP limit.

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 board as provided in subsection I of 

this section;

d. The ACP includes a product for which the VOC standard 

specified in 9VAC5-45-430 A is modified by the board in a future rule-making, and the 

responsible ACP party informs the board in writing that the ACP will terminate on the 

effective date of the modified standard; or

e. The ACP is cancelled pursuant to subdivision 2 of this 

subsection.

2. The board will cancel an ACP if any of the following circumstances 

occur:
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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; 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 canceled pursuant to this 

section and who does not have a valid ACP to immediately replace the canceled ACP 

shall meet all of the following requirements:

a. All remaining shortfalls in effect at the time of ACP cancellation 

shall be reconciled in accordance with the requirements of subsection G of this section, 

and

b. All ACP products subject to the ACP shall be in compliance with 

the applicable VOC standards in 9VAC5-45-430 A immediately upon the effective date 

of ACP cancellation.

5. Violations incurred pursuant to subsection E of this section shall not be 

cancelled or affected by the subsequent cancellation or modification of an ACP 

pursuant to subsection H, I, or J of this section.

K. The information required by subdivisions B 1 a and b and F 2 i of this section 

is public information that may not be claimed as confidential. 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.
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L. A responsible ACP party may transfer an ACP to another responsible ACP 

party, provided that all of the following conditions are met:

1. The board will be notified, in writing, by both responsible ACP parties 

participating in the transfer of the ACP and its associated ACP agreement. The written 

notifications shall be postmarked at least five working days prior to the effective date of 

the transfer and shall be signed and submitted separately by both responsible parties. 

The written notifications shall clearly identify the contact persons, business names, mail 

and street addresses, and phone numbers of the responsible parties involved in the 

transfer.

2. The responsible ACP party to which the ACP is being transferred shall 

provide a written declaration stating that the transferee shall fully comply with all 

requirements of the ACP agreement approving the ACP and this article.

M. In approving agreements under subsections B through L of this section, the 

board will take into consideration whether the applicant has been granted an ACP by 

CARB. A manufacturer of consumer products that has been granted an ACP 

agreement by the CARB under the provisions in Subchapter 8.5, Article 4, Sections 

94540-94555, of Title 17 of the California Code of Regulations (see 9VAC5-20-21) may 

be exempt from Table 45-4A for the period of time that the CARB ACP agreement 

remains in effect provided that all ACP products used for emission credits within the 

CARB ACP agreement are contained in Table 45-4A. A manufacturer claiming such an 

ACP agreement on this basis must submit to the board a copy of the CARB ACP 

decision (i.e., the executive order), including all conditions established by CARB 

applicable to the exemption and certification that the manufacturer will comply with the 

CARB ACP decision for those ACP products in the areas specified in 9VAC5-45-400 B.

9VAC5-45-450. Innovative products.

A. Manufacturers of consumer products may seek an innovative products 

exemption in accordance with the following criteria:

1. The board will exempt a consumer product from the VOC limits 

specified in 9VAC5-45-430 A if a manufacturer demonstrates by clear and convincing 

evidence that, due to some characteristic of the product formulation, design, delivery 

systems or other factors, the use of the product will result in less VOC emissions as 

compared to:

a. The VOC emissions from a representative consumer product 

that complies with the VOC limits specified in 9VAC5-45-430 A, or

b. The calculated VOC emissions from a noncomplying 

representative product, if the product had been reformulated to comply with the VOC 
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limits specified in 9VAC5-45-430 A. VOC emissions shall be calculated using the 

following equation:

where:

ER = The VOC emissions from the noncomplying representative 

product, had it been reformulated.

ENC = The VOC emissions from the noncomplying representative 

product in its current formulation.

VOCSTD = the VOC limit specified in Table 45-4A.

VOCNC = the VOC content of the noncomplying product in its 

current formulation.

If a manufacturer demonstrates that this equation yields inaccurate results due to some 

characteristic of the product formulation or other factors, an alternative method [ which ]

that accurately calculates emissions may be used upon approval of the board.

2. For the purposes of this subsection, "representative consumer product" 

means a consumer product [ which ] that meets all of the following criteria:

a. The representative product shall be subject to the same VOC 

limit in 9VAC5-45-430 A as the innovative product;

b. The representative product shall be of the same product form as 

the innovative product unless the innovative product uses a new form that does not 

exist in the product category at the time the application is made; and

c. The representative product shall have at least a similar efficacy 

as other consumer products in the same product category based on tests generally 

accepted for that product category by the consumer products industry.

3. A manufacturer shall apply in writing to the board for an exemption 

claimed under subdivision A 1 of this section. The application shall include the 

supporting documentation that demonstrates the emissions from the innovative product, 

including the actual physical test methods used to generate the data and, if necessary, 

the consumer testing undertaken to document product usage. In addition, the applicant 

must provide the information necessary to enable the board to establish enforceable 

conditions for granting the exemption, including the VOC content for the innovative 
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product and test methods for determining the VOC content. Information submitted to 

the board pursuant to this section shall be available to the public except where the 

owner makes a showing satisfactory to the board under 9VAC5-170-60 B that the 

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

be handled in accordance with the procedures specified in §§ 10.1-1314 and 10.1-

1314.1 of the Air Pollution Control Law of Virginia.

4. Within 30 days of receipt of the exemption application, the board will 

determine whether an application is complete.

5. Within 90 days after an application has been deemed complete, the 

board will determine whether, under what conditions, and to what extent an exemption 

from the requirements of 9VAC5-45-430 A will be permitted. The board may extend this 

time period if additional time is needed to reach a decision, and additional supporting

documentation may be submitted by the applicant before a decision has been reached. 

The board will notify the applicant of the decision in writing and specify such terms and 

conditions as are necessary to insure that emissions from the product will meet the 

emissions reductions specified in subdivision 1 of this subsection, and that such 

emissions reductions can be enforced.

6. In granting an exemption for a product, the board will establish 

enforceable conditions. These conditions shall include the VOC content of the 

innovative product, dispensing rates, application rates, and other parameters 

determined by the board to be necessary. The board will also specify the test methods 

for determining conformance to the conditions established. The test methods shall 

include criteria for reproducibility, accuracy, sampling, and laboratory procedures.

7. For a product for which an exemption has been granted pursuant to this 

section, the manufacturer shall notify the board in writing within 30 days of a change in 

the product formulation or recommended product usage directions and shall also notify 

the board within 30 days if the manufacturer learns of information that would alter the 

emissions estimates submitted to the board in support of the exemption application.

8. If the VOC limits specified in 9VAC5-45-430 A are lowered for a product 

category through a subsequent rulemaking, all innovative product exemptions granted 

for products in the product category, except as provided in this subdivision, shall have 

no force and effect as of the effective date of the modified VOC standard. This 

subdivision shall not apply to those innovative products that have VOC emissions less 

than the applicable lowered VOC limit and for which a written notification of the 

product's emissions status versus the lowered VOC limit has been submitted to and 

approved by the board at least 60 days before the effective date of such limits.

9. If the board believes that a consumer product for which an exemption 

has been granted no longer meets the criteria for an innovative product specified in 
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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 provisions in 

Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section 94503.5 

of Title 17 of the California Code of Regulations (see 9VAC5-20-21) may be exempt 

from Table 45-4A for the period of time that the CARB innovative products exemption 

remains in effect provided that all consumer products within the CARB innovative 

products exemption are contained in Table 45-4A. A manufacturer claiming such an 

exemption on this basis must submit to the board a copy of the innovative product 

exemption decision (i.e., the executive order), including all conditions established by 

CARB applicable to the exemption and certification that the manufacturer will comply 

with the CARB innovative product exemption decision for those products in the areas 

specified in 9VAC5-45-400 B.

9VAC5-45-460. Administrative requirements.

A. Provisions follow concerning product dating.

1. Each manufacturer of a consumer product subject to 9VAC5-45-430 

shall clearly display on each consumer product container or package, the day, month, 

and year on which the product was manufactured or a code indicating such date.

2. A manufacturer who uses the following code to indicate the date of 

manufacture shall not be subject to the requirements of subdivision B 1 of this section, 

if the code is represented separately from other codes on the product container so that 

it is easily recognizable:

YY DDD = year year day day day

where:

YY = 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 or 
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cover) without irreversibly disassembling a part of the container or packaging. For the 

purposes of this subdivision, information may be displayed on the bottom of a container 

as long as it is clearly legible without removing any product packaging.

4. This date or date code shall be displayed on each consumer product 

container or package no later than the effective date of the applicable standard 

specified in 9VAC5-45-430 A.

5. The requirements of this section shall not apply to products containing 

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

B. Additional provisions follow concerning product dating.

1. If a manufacturer uses a code indicating the date of manufacture for a 

consumer product subject to 9VAC5-45-430, an explanation of the date portion of the 

code must be filed with the board upon request by the board.

2. If a manufacturer changes any code indicating the date of manufacture 

for any consumer product subject to 9VAC5-45-430 and the board has requested an 

explanation of any previous product dating code for that consumer product, then an 

explanation of the modified code shall be submitted to the board before any products 

displaying the modified code are sold, supplied, or offered for sale within the areas 

designated in 9VAC5-45-400 B.

3. No person shall erase, alter, deface, or otherwise remove or make 

illegible any date or code indicating the date of manufacture from any regulated product 

container without the express authorization of the manufacturer.

4. Date code explanations for codes indicating the date of manufacture 

are public information and may not be claimed as confidential.

C. Additional provisions follow concerning the most restrictive limit that applies to 

a product.

1. For FIFRA-registered insecticides manufactured before [ 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,
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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 follow concerning additional labeling requirements for aerosol 

adhesives, adhesive removers, electronic cleaner, electrical cleaner, energized 

electrical cleaner, and contact adhesives.

1. In addition to the requirements specified in subsections A and C of this 

section and in 9VAC5-45-510, both the manufacturer and responsible party for each 

aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized 

electrical cleaner, and contact adhesive product subject to this article shall ensure that 

all products clearly display the following information on each product container that is 

manufactured on or after the effective date for the product category specified in Table 

45-4A.

a. The product category as specified in 9VAC5-45-430 A or an 

abbreviation of the category shall be displayed;

b. (1) The applicable VOC standard for the product that is specified 

in 9VAC5-45-430 A, except for energized electrical cleaner, expressed as a percentage 

by weight, shall be displayed unless the product is included in an alternative control 

plan approved by the board, as provided in 9VAC5-45-440, and the product exceeds 

the applicable VOC standard;

(2) If the product is included in an alternative control plan 

approved by the board, and the product exceeds the applicable VOC standard specified 

in 9VAC5-45-430 A, the product shall be labeled with the term "ACP" or "ACP product";

c. If the product is classified as a special purpose spray adhesive, 

the applicable substrate or application or an abbreviation of the substrate or application 

that qualifies the product as special purpose shall be displayed;

d. If the manufacturer or responsible party uses an abbreviation as 

allowed by this subsection, an explanation of the abbreviation must be filed with the 

board before the abbreviation is used.

2. The information required in subdivision 1 of this subsection shall be 

displayed on the product container such that it is readily observable without removing or 

disassembling a portion of the product container or packaging. For the purposes of this 

subsection, information may be displayed on the bottom of a container as long as it is 
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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. (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. ] 

9VAC5-45-510. Notification, records and reporting.

A. The provisions of 9VAC5-45-50 (Notification, records and reporting) apply.

B. Upon 90 days written notice, the board may require a responsible party to 

register and report information for a consumer product the board may specify, including, 

but not limited to, all or part of the information specified in subdivisions 1 through 12 of 

this subsection. If the responsible party does not have or does not provide the 

information requested by the board, the board may require the reporting of this 

information by another owner or other person that has the information, including, but 

not limited to, any formulator, manufacturer, supplier, parent company, private labeler, 

distributor, or repackager.

1. The company name of the responsible party and the party's address, 

telephone number, and designated contact person.

2. A showing satisfactory to the board under 9VAC5-170-60 B and C that 

supports any claim of confidentiality made pursuant to 9VAC5-170-60, §§ 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.
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6. An identification of each product brand name and form as a "Household 

Product," "I&I Product," or both.

7. Separate sales in pounds per year, to the nearest pound, and the 

method used to calculate sales for each product form.

8. For registrations submitted by two companies, an identification of the 

company that is submitting relevant data separate from that submitted by the 

responsible party. All registration information from both companies shall be submitted 

by the date specified in this subsection.

9. For each product brand name and form, the net percent by weight of 

the total product, less container and packaging, composed of the following, rounded to 

the nearest one-tenth of a percent (0.1%):

a. Total exempt compounds [ ; ] .

b. Total LVP-VOCs that are not fragrances [ ; ] .

c. Total all other carbon-containing compounds that are not 

fragrances [ ; ] .

d. Total all noncarbon-containing compounds [ ; ] .

e. Total fragrance [ ; ] .

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

(1) The percent of fragrances that are LVP-VOCs; and

(2) The percent of fragrances that are all other carboncontaining 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 (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 
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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 ozonedepleting compound that is:

1. Listed in 9VAC5-45-430 H; and

2. Contained in a product subject to registration under subsection B of this 

section in an amount greater than 1.0% by weight.

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 Virginia.

E. Provisions follow concerning special recordkeeping and reporting 

requirements for consumer products that contain perchloroethylene or methylene 

chloride.

1. The requirements of this subsection shall apply to all responsible 

parties for consumer products that are subject to 9VAC5-45-430 A and contain 

perchloroethylene or methylene chloride. For the purposes of this subsection, a product 

contains perchloroethylene or methylene chloride if the product contains 1.0% or more 

by weight (exclusive of the container or packaging) of either perchloroethylene or 

methylene chloride.

2. For each consumer product that contains perchloroethylene or 

methylene chloride, the responsible party shall keep records of the following information 

for products sold during each calendar year, beginning with the year of the applicable 

compliance date specified in 9VAC5-45-480, and ending with the year 2010:

a. The product brand name and a copy of the product label with 

legible usage instructions;

b. The product category to which the consumer product belongs;

c. The applicable product form, listed separately;

d. For each product form listed in subdivision 2 c of this subsection, 

the total sales during the calendar year, to the nearest pound (exclusive of the 
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container or packaging), and the method used for calculating sales;

e. The weight percentage, to the nearest 0.10% of 

perchloroethylene and methylene chloride in the consumer product;

3. Upon 90 days written notice, the board may require a responsible party 

to report the information specified in subdivision 2 of this subsection.

4. Records required by subdivision 2 of this subsection shall be 

maintained by the responsible party for [ five ] three calendar years from the date such 

records were created.

5. Alternative control plan notifications, records, and reporting shall be 

made as required by 9VAC5-45-440 and as required in the ACP agreement.

6. Innovative product notifications, records, and reporting shall be made 

as required by 9VAC5-45-450 and as required in the innovative products exemption 

notification letter.

Article 5

Emission Standards for Architectural and Industrial Maintenance Coatings

9VAC5-45-520. Applicability.

A. Except as provided in 9VAC5-45-530, the provisions of this article apply to 

any owner or other person who supplies, sells, offers for sale, or manufactures any 

architectural coating for use, as well as any owner or other person who applies or 

solicits the application of any architectural coating.

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

Northern Virginia, and Fredericksburg, 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 is 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.
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3. Any architectural coating that is sold in a container with a volume of one 

liter (1.057 quart) or less.

B. For purposes of this article, the terms "supply" or "supplied" do not include 

internal transactions within a business or governmental entity. These terms only apply 

to transactions between manufacturers/commercial distributors that sell, or otherwise 

provide, products to businesses/governmental entities/individuals.

9VAC5-45-540. Definitions.

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

the Control and Abatement of Air Pollution and related uses, the words or terms shall 

have the 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.

"Adhesive" means any chemical substance that is applied for the purpose 

of bonding two surfaces together other than by mechanical means.

"Aerosol coating product" means a pressurized coating product containing 

pigments or resins that dispenses product ingredients by means of a propellant, and is 

packaged in a disposable can for hand-held application, or for use in specialized 

equipment for ground traffic/marking applications.

"Antenna coating" means a coating labeled and formulated exclusively for 

application to equipment and associated structural appurtenances that are used to 

receive or transmit electromagnetic signals.

"Antifouling coating" means a coating labeled and formulated for 

application to submerged stationary structures and their appurtenances to prevent or 

reduce the attachment of marine or freshwater biological organisms. To qualify as an 

antifouling coating, the coating shall be registered with both the U.S. EPA under the 

Federal Insecticide, Fungicide and Rodenticide Act (7 USC § 136 et seq.) and with the 

Pesticide Control Board under the provisions of Chapter 39 (§ 3.2-3900 et seq.) of Title 

3.2 of the Code of Virginia.

"Appurtenance" means any accessory to a stationary structure coated at 

the site of installation, whether installed or detached, including but not limited to 

bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand 

railings; heating equipment, air conditioning equipment, and other fixed mechanical 

equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain 
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gutters and downspouts; stairways; fixed ladders; catwalks and fire escapes; and 

window screens.

"Architectural coating" means a coating to be applied to stationary 

structures or the appurtenances at the site of installation, to portable buildings at the 

site of installation, to pavements, or to curbs. Coatings applied in shop applications or 

to nonstationary structures such as airplanes, ships, boats, railcars, and automobiles, 

and adhesives are not considered architectural coatings for the purposes of this article.

"ASTM" means the American Society for Testing and Materials.

"Bitumens" means black or brown materials including, but not limited to, 

asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of 

hydrocarbons, and are obtained from natural deposits of asphalt or as residues from 

the distillation of crude petroleum or coal.

"Bituminous roof coating" means a coating that incorporates bitumens that 

is labeled and formulated exclusively for roofing.

"Bituminous roof primer" means a primer that consists of a coating or 

mastic formulated and recommended for roofing, pavement sealing, or waterproofing 

that incorporates bitumens.

"Bond breaker" means a coating labeled and formulated for application

between layers of concrete to prevent a freshly poured top layer of concrete from 

bonding to the layer over which it is poured.

"Calcimine recoater" means a flat solvent borne coating formulated and 

recommended specifically for recoating calcimine-painted ceilings and other calciminepainted substrates.

"Clear brushing lacquers" means clear wood finishes, excluding clear 

lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by 

solvent evaporation without chemical reaction and to provide a solid, protective film, 

which are intended exclusively for application by brush and that are labeled as specified 

in subdivision 5 of 9VAC5-45-560.

"Clear wood coatings" means clear and semitransparent coatings, 

including lacquers and varnishes, applied to wood substrates to provide a transparent 

or translucent solid film.

"Coating" means a material applied onto or impregnated into a substrate 

for protective, decorative, or functional purposes. Such materials include, but are not 

limited to, paints, varnishes, sealers, and stains.
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"Colorant" means a concentrated pigment dispersion in water, solvent, or 

binder that is added to an architectural coating after packaging in sale units to produce 

the desired color.

"Concrete curing compound" means a coating labeled and formulated for 

application to freshly poured concrete to retard the evaporation of water.

"Concrete surface retarder" means a mixture of retarding ingredients such 

as extender pigments, primary pigments, resin, and solvent that interact chemically with 

the cement to prevent hardening on the surface where the retarder is applied, allowing 

the retarded mix of cement and sand at the surface to be washed away to create an 

exposed aggregate finish.

"Conversion varnish" means a clear acid curing coating with an alkyd or 

other resin blended with amino resins and supplied as a single component or twocomponent product. Conversion varnishes produce a hard, durable, clear finish 

designed for professional application to wood flooring. The film formation is the result of 

an acid-catalyzed condensation reaction, effecting a transetherification at the reactive 

ethers of the amino resins.

"Dry fog coating" means a coating labeled and formulated only for spray 

application such that overspray droplets dry before subsequent contact with incidental 

surfaces in the vicinity of the surface coating activity.

"Exempt compound" means a compound identified as exempt under the 

definition of Volatile Organic Compound (VOC) in 9VAC5-10-20. Exempt compounds 

content of a coating shall be determined by Reference Method 24 or South Coast Air 

Quality Management District (SCAQMD) Method for Determination of Exempt 

Compounds (see 9VAC5-20-21).

"Extreme durability coating" means an air-dried coating, including 

fluoropolymer-based coating, that is formulated and recommended for application to 

exterior metal surfaces and touch-up, repair, and overcoating of precoated metal 

surfaces, and that meets the weathering requirements of American Architectural 

Manufacturers Association Voluntary Specification - Performance Requirements and 

Test Procedures for High Performance Organic Coatings on Aluminum Extrusions and 

Panels (see 9VAC5-20-21).

"Faux finishing coating" means a coating labeled and formulated as a 

stain or a glaze to create artistic effects including, but not limited to, dirt, old age, smoke 

damage, and simulated marble and wood grain.

"Fire-resistive coating" means an opaque coating labeled and formulated 
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to protect the structural integrity by increasing the fire endurance of interior or exterior 

steel and other structural materials, that has been fire tested and rated by a testing 

agency and approved by building code officials for use in bringing assemblies of 

structural materials into compliance with federal, state, and local building code 

requirements. The fire-resistive coating shall be tested in accordance with [ American 

Society for Testing and Materials (ASTM) ] ASTM Standard Test Method for Fire Tests 

of Building Construction Materials (see 9VAC5-20-21).

"Fire-retardant coating" means a coating labeled and formulated to retard 

ignition and flame spread, that has been fire tested and rated by a testing agency and 

approved by building code officials for use in bringing building and construction 

materials into compliance with federal, state, and local building code requirements. The 

fire-retardant coating shall be tested in accordance with ASTM Standard Test Method 

for Surface Burning Characteristics of Building Construction Materials (see 9VAC5-20-

21).

"Flat coating" means a coating that is not defined under any other 

definition in this article and that registers gloss less than 15 on an 85-degree meter or 

less than five on a 60-degree meter according to ASTM Standard Test Method for 

Specular Gloss (see 9VAC5-20-21).

"Floor coating" means an opaque coating that is labeled and formulated 

for application to flooring, including, but not limited to, decks, porches, steps, and other 

horizontal surfaces, that may be subjected to foot traffic.

"Flow coating" means a coating labeled and formulated exclusively for use 

by electric power companies or their subcontractors to maintain the protective coating 

systems present on utility transformer units.

"Form-release compound" means a coating labeled and formulated for 

application to a concrete form to prevent the freshly poured concrete from bonding to 

the form. The form may consist of wood, metal, or some material other than concrete.

"Graphic arts coating or sign paint" means a coating labeled and 

formulated for hand-application by artists using brush or roller techniques to indoor and 

outdoor signs (excluding structural components) and murals including letter enamels, 

poster colors, copy blockers, and bulletin enamels.

"High-temperature coating" means a high-performance coating labeled 

and formulated for application to substrates exposed continuously or intermittently to 

temperatures above 204°C (400°F).

"Impacted immersion coating" means a high performance maintenance 

coating formulated and recommended for application to steel structures subject to 
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immersion in turbulent, debris-laden water. These coatings are specifically resistant to 

high-energy impact damage caused by floating ice or debris.

"Industrial maintenance coating" means a high-performance architectural 

coating, including primers, sealers, undercoaters, intermediate coats, and topcoats, 

formulated for application to substrates exposed to one or more of the following 

extreme environmental conditions, and labeled as specified in subdivision 4 of 9VAC5-

45-560:

1. Immersion in water, wastewater, or chemical solutions (aqueous 

and nonaqueous solutions), or chronic exposures of interior surfaces to moisture 

condensation;

2. Acute or chronic exposure to corrosive, caustic, or acidic agents, 

or to chemicals, chemical fumes, or chemical mixtures or solutions;

3. Repeated exposure to temperatures above 121°C (250°F);

4. Repeated (frequent) heavy abrasion, including mechanical wear 

and repeated (frequent) scrubbing with industrial solvents, cleansers, or scouring 

agents; or

5. Exterior exposure of metal structures and structural components.

"Lacquer" means a clear or opaque wood coating, including clear lacquer 

sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation 

without chemical reaction and to provide a solid, protective film.

"Low-solids coating" means a coating containing 0.12 kilogram or less of 

solids per liter (1 pound or less of solids per gallon) of coating material.

"Magnesite cement coating" means a coating labeled and formulated for 

application to magnesite cement decking to protect the magnesite cement substrate 

from erosion by water.

"Mastic texture coating" means a coating labeled and formulated to cover 

holes and minor cracks and to conceal surface irregularities, and is applied in a single 

coat of at least 10 mils (0.010 inch) dry film thickness.

"Metallic pigmented coating" means a coating containing at least 48 

grams of elemental metallic pigment, mica particles or any combination of metallic 

pigment or mica particles per liter of coating as applied (0.4 pounds per gallon), when 

tested in accordance with South Coast Air Quality Air Management District (SCAQMD) 

Method for Determination of Weight Percent Elemental Metal in Coatings by X-Ray 
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Diffraction (see 9VAC5-20-21).

"Multicolor coating" means a coating that is packaged in a single container 

and that exhibits more than one color when applied in a single coat.

"Nonflat coating" means a coating that is not defined under any other 

definition in this article and that registers a gloss of 15 or greater on an 85-degree 

meter and 5 or greater on a 60-degree meter according to ASTM Standard Test Method 

for Specular Gloss (see 9VAC5-20-21).

"Nonflat high-gloss coating" means a nonflat coating that registers a gloss 

of 70 or above on a 60-degree meter according to ASTM Standard Test Method for 

Specular Gloss (see 9VAC5-20-21).

"Nonindustrial use" means any use of architectural coatings except in the 

construction or maintenance of any of the following: facilities used in the manufacturing 

of goods and commodities; transportation infrastructure, including highways, bridges, 

airports and railroads; facilities used in mining activities, including petroleum extraction; 

and utilities infrastructure, including power generation and distribution, and water 

treatment and distribution systems.

"Nuclear coating" means a protective coating formulated and 

recommended to seal porous surfaces such as steel (or concrete) that otherwise would 

be subject to intrusions by radioactive materials. These coatings must be resistant to 

long-term (service life) cumulative radiation exposure as determined by ASTM Standard 

Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water 

Nuclear Power Plants (see 9VAC5-20-21), relatively easy to decontaminate, and 

resistant to various chemicals to which the coatings are likely to be exposed as 

determined by ASTM Standard Test Method for Chemical Resistance of Coatings Used 

in Light-Water Nuclear Power Plants (see 9VAC5-20-21).

"Post-consumer coating" means a finished coating that would have been 

disposed of in a landfill, having completed its usefulness to a consumer, and does not 

include manufacturing wastes.

"Pretreatment wash primer" means a primer that contains a minimum of 

0.5% acid, by weight, when tested in accordance with ASTM Standard Test Method for 

Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer 

and Related Products (see 9VAC5-20-21), that is labeled and formulated for application 

directly to bare metal surfaces to provide corrosion resistance and to promote adhesion 

of subsequent topcoats.

"Primer" means a coating labeled and formulated for application to a 

substrate to provide a firm [ bond ] bind between the substrate and subsequent coats.
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"Quick-dry enamel" means a nonflat coating that is labeled as specified in 

subdivision 8 of 9VAC5-45-560 and that is formulated to have the following 

characteristics:

1. Is capable of being applied directly from the container under 

normal conditions with ambient temperatures between 16 and 27°C (60 and 80°F);

2. When tested in accordance with ASTM Standard Methods for 

Drying, Curing, or Film Formation of Organic Coatings at Room Temperature (see 

9VAC5-20-21), sets to touch in two hours or less, is tack free in four hours or less, and 

dries hard in eight hours or less by the mechanical test method; and

3. Has a dried film gloss of 70 or above on a 60-degree meter.

"Quick-dry primer sealer and undercoater" means a primer, sealer, or 

undercoater that is dry to the touch in 30 minutes and can be recoated in two hours 

when tested in accordance with ASTM Standard Methods for Drying, Curing, or Film 

Formation of Organic Coatings at Room Temperature (see 9VAC5-20-21).

"Recycled coating" means an architectural coating formulated such that 

not less than 50% of the total weight consists of secondary and post-consumer coating, 

with not less than 10% of the total weight consisting of post-consumer coating.

"Residence" means areas where people reside or lodge, including, but not 

limited to, single and multiple family dwellings, condominiums, mobile homes, 

apartment complexes, motels, and hotels.

"Roof coating" means a nonbituminous coating labeled and formulated 

exclusively for application to roofs for the primary purpose of preventing penetration of 

the substrate by water or reflecting heat and ultraviolet radiation. Metallic pigmented 

roof coatings, which qualify as metallic pigmented coatings, shall not be considered in 

this category, but shall be considered to be in the metallic pigmented coatings category.

"Rust-preventive coating" means a coating formulated exclusively for 

nonindustrial use to prevent the corrosion of metal surfaces and labeled as specified in 

subdivision 6 of 9VAC5-45-560.

"Sanding sealer" means a clear or semitransparent wood coating labeled 

and formulated for application to bare wood to seal the wood and to provide a coat that 

can be abraded to create a smooth surface for subsequent applications of coatings. A 

sanding sealer that also meets the definition of a lacquer is not included in this 

category, but it is included in the lacquer category.
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"Sealer" means a coating labeled and formulated for application to a 

substrate for one or more of the following purposes: to prevent subsequent coatings 

from being absorbed by the substrate, or to prevent harm to subsequent coatings by 

materials in the substrate.

"Secondary coating (rework)" means a fragment of a finished coating or a 

finished coating from a manufacturing process that has converted resources into a 

commodity of real economic value, but does not include excess virgin resources of the 

manufacturing process.

"Shellac" means a clear or opaque coating formulated solely with the 

resinous secretions of the lac beetle (Laciffer lacca), thinned with alcohol, and 

formulated to dry by evaporation without a chemical reaction.

"Shop application" means the application of a coating to a product or a 

component of a product in or on the premises of a factory or a shop as part of a 

manufacturing, production, or repairing process (e.g., original equipment manufacturing 

coatings).

"Solicit" means to require for use or to specify by written or oral contract.

"Specialty primer, sealer, and undercoater" means a coating labeled as 

specified in subdivision 7 of 9VAC5-45-560 and that is formulated for application to a 

substrate to seal fire, smoke or water damage; to condition excessively chalky surfaces; 

or to block stains. An excessively chalky surface is one that is defined as having a chalk 

rating of four or less as determined by ASTM Standard Test Methods for Evaluating the 

Degree of Chalking of Exterior Paint Films (see 9VAC5-20-21).

"Stain" means a clear, semitransparent, or opaque coating labeled and 

formulated to change the color of a surface, but not conceal the grain pattern or texture.

"Swimming pool coating" means a coating labeled and formulated to coat 

the interior of swimming pools and to resist swimming pool chemicals.

"Swimming pool repair and maintenance coating" means a rubber-based 

coating labeled and formulated to be used over existing rubber-based coatings for the 

repair and maintenance of swimming pools.

"Temperature-indicator safety coating" means a coating labeled and 

formulated as a color-changing indicator coating for the purpose of monitoring the 

temperature and safety of the substrate, underlying piping, or underlying equipment, 

and for application to substrates exposed continuously or intermittently to temperatures 

above 204°C (400°F).
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"Thermoplastic rubber coating and mastic" means a coating or mastic 

formulated and recommended for application to roofing or other structural surfaces and 

that incorporates no less than 40% by weight of thermoplastic rubbers in the total resin 

solids and may also contain other ingredients including, but not limited to, fillers, 

pigments, and modifying resins.

"Tint base" means an architectural coating to which colorant is added after 

packaging in sale units to produce a desired color.

"Traffic marking coating" means a coating labeled and formulated for 

marking and striping streets, highways, or other traffic surfaces including, but not limited 

to, curbs, berets, driveways, parking lots, sidewalks, and airport runways.

"Undercoater" means a coating labeled and formulated to provide a 

smooth surface for subsequent coatings.

"Varnish" means a clear or semitransparent wood coating, excluding 

lacquers and shellacs, formulated to dry by chemical reaction on exposure to air. 

Varnishes may contain small amounts of pigment to color a surface or control the fetal 

sheen or gloss of the finish.

"VOC content" means the weight of VOC per volume of coating, 

calculated according to the procedures specified in 9VAC5-45-590 B.

"Waterproofing concrete/masonry sealer" means a clear or pigmented 

film-forming coating that is labeled and formulated for sealing concrete and masonry to 

provide resistance against water, alkalis, acids, ultraviolet light, and staining.

"Waterproofing sealer" means a coating labeled and formulated for 

application to a porous substrate for the primary purpose of preventing the penetration 

of water.

"Wood preservative" means a coating labeled and formulated to protect 

exposed wood from decay or insect attack that is registered with both the U.S. EPA 

under the Federal Insecticide, Fungicide, and Rodenticide Act (7 USC § 136, et seq.) 

and with the Pesticide Control Board under the provisions of Chapter 39 (§ 3.2-3900 et 

seq.) of Title 3.2 of the Code of Virginia.

9VAC5-45-580. 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; 
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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 the 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 with the 

legible usage instructions;

2. The product category listed in Table 45-5A to which the coating 

belongs;

3. The total sales during the calendar year to the nearest gallon;

4. The volume percentage, to the nearest 0.10% of perchloroethylene and 

methylene chloride in the coating.

C. Upon 90 days written notice, the board may require a responsible party to 

report the information specified in subsection B of this section.

D. Records required by subsection B of this section shall be maintained by the 

responsible party for [ five ] three calendar years from the date such records were 

created.

Article 6

Emission Standards for Adhesives and Sealants

9VAC5-45-620. Applicability.

A. Except as provided in 9VAC5-45-630, the provisions of this article apply to 

any owner or other person who supplies, sells, offers for sale, or manufactures for sale 

any adhesive, sealant, adhesive primer, or sealant primer that contains volatile organic 

compounds (VOC).
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B. Except as provided in 9VAC5-45-630, the provisions of this article apply to 

any owner or other person who uses, applies for compensation, solicits the use of, 

requires the use of, or specifies the application of, any adhesive, sealant, adhesive 

primer, or sealant primer that contains volatile organic compounds.

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

Northern Virginia, and Fredericksburg, 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 and keeps records demonstrating 

(i) that the adhesive, sealant, adhesive primer or sealant primer is intended for 

shipment and use outside of the volatile organic compound emissions control areas 

designated in 9VAC5-45-620 C, and (ii) that the manufacturer or distributor has taken 

reasonable prudent precautions to assure that the adhesive, sealant, adhesive primer 

or sealant primer is not distributed to or within those applicable volatile organic 

compound emissions control areas. This exemption does not apply to any adhesive, 

sealant, adhesive primer or sealant primer that is sold, supplied, or offered for sale by 

any owner or other person to a retail outlet in those applicable volatile organic 

compound emissions control areas.

B. The provisions of this article do not apply to the sale or use of the following 

compounds:

1. Adhesives, sealants, adhesive primers or sealant primers being tested 

or evaluated in any research and development, quality assurance or analytical 

laboratory, provided records are maintained as required in 9VAC5-45-730 of this article;

2. Adhesives, sealants, adhesive primers and sealant primers that are 

subject to standards for volatile organic compounds pursuant to Article 3 (9VAC5-45-

280 et seq.), Article 4 (9VAC5-45-400 et seq.) or Article 5 (9VAC5-45-520 et seq.) of 

this part;

3. Adhesives and sealants that contain less than 20 grams of VOC per 

liter of adhesive or sealant, less water and less exempt compounds, as applied;

4. Cyanoacrylate adhesives;

5. Adhesives, sealants, adhesive primers or sealant primers (except for 
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plastic cement welding adhesives and contact adhesives) that are sold or supplied by 

the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, 

or a net weight of one pound or less; and

6. Contact adhesives that are sold or supplied by the manufacturer or 

supplier in containers with a net volume of one gallon or less.

C. The provisions of this article do not apply to the use of adhesives, sealants, 

adhesive primers, sealant primers, surface preparation and cleanup solvents as follows:

1. Tire repair operations, provided the label of the adhesive states "For 

tire repair only";

2. Assembly, repair and manufacturing operations for aerospace or 

undersea-based weapon systems;

3. Medical equipment manufacturing operations; and

4. Plaque laminating operations in which adhesives are used to bond 

clear, polyester acetate laminate to wood with lamination equipment installed prior to 

July 1, 1992. Any owner or other person claiming exemption pursuant to this 

subdivision shall record and maintain monthly operational records sufficient to 

demonstrate compliance with this exemption in accordance with 9VAC5-45-730 of this 

article.

D. Except for the requirements listed in subdivisions 1 and 2 of this subsection, 

the provisions of this article do not apply if the total VOC emissions from all adhesives, 

sealants, adhesive primers and sealant primers used at the stationary source are less 

than 200 pounds per calendar year, or an equivalent volume.

1. The following requirements still apply:

a. 9VAC5-45-620 (Applicability);

b. [ 9VAC5-45-620 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 to 
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demonstrate compliance and in accordance with 9VAC5-45-730 of this article.

E. The provisions of 9VAC5-45-650 B and 9VAC5-45-650 D do not apply to the 

use of any adhesives, sealants, adhesive primers, sealant primers, cleanup solvents 

and surface preparation solvents, provided that the total volume of noncompliant 

adhesives, sealants, primers, cleanup and surface preparation solvents applied facilitywide does not exceed 55 gallons per calendar year. Any owner or other person claiming 

exemption pursuant to this subsection shall record and maintain monthly operational 

records sufficient to demonstrate compliance with this exemption in accordance with 

9VAC5-45-730.

F. The provisions of 9VAC5-45-650 A do not apply to the sale of any adhesive, 

sealant, adhesive primer or sealant primer to an owner or other person using add-on air 

pollution control equipment pursuant to the provisions of 9VAC5-45-660 to comply with 

the requirements of this article, provided that the seller makes and keeps records in 

accordance with 9VAC5-45-730 E.

9VAC5-45-640. Definitions.

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

the Control and Abatement of Air Pollution and related uses, the words or terms shall 

have the 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.

"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, the 
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fabricated part, assembly of parts or completed unit of any aircraft, helicopter, missile, 

or space vehicle, including passenger safety equipment.

"Architectural sealant or primer" means any sealant or sealant primer 

intended by the manufacturer to be applied to stationary structures, including mobile 

homes, and their appurtenances. Appurtenances to an architectural structure include, 

but are not limited to, hand railings, cabinets, bathroom and kitchen fixtures, fences, 

rain gutters and downspouts, and windows.

"ASTM" means the American Society for Testing and Materials.

"Automotive glass adhesive primer" means an adhesive primer labeled by 

the manufacturer to be applied to automotive glass prior to installation of the glass 

using an adhesive/sealant. This primer improves the adhesion to pinch weld and blocks 

ultraviolet light.

"CARB" means the California Air Resources Board.

"Ceramic tile installation adhesive" means any adhesive intended by the 

manufacturer for use in the installation of ceramic tiles.

"Chlorinated polyvinyl chloride plastic" or "CPVC plastic" means a polymer 

of the vinyl chloride monomer that contains 67% chlorine and is normally identified with 

a CPVC marking.

"Chlorinated polyvinyl chloride welding adhesive" or "CPVC welding 

adhesive" means an adhesive labeled for welding of chlorinated polyvinyl chloride 

plastic.

"Cleanup solvent" means a VOC-containing material used to remove a 

loosely held uncured (i.e., not dry to the touch) adhesive or sealant from a substrate, or 

clean equipment used in applying a material.

"Computer diskette jacket manufacturing adhesive" means any adhesive 

intended by the manufacturer to glue the 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 

surfaces after the adhesive-coated surfaces have been brought together using 

sufficient momentary pressure to establish full contact between both surfaces. Contact 
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bond adhesive does not include rubber cements that are primarily intended for use on 

paper substrates. Contact bond adhesive also does not include vulcanizing fluids that 

are designed and labeled for tire repair only.

"Cove base" means a flooring trim unit, generally made of vinyl or rubber, 

having a concave radius on one edge and a convex radius on the opposite edge that is 

used in forming a junction between the bottom wall course and the floor or to form an 

inside corner.

"Cove base installation adhesive" means any adhesive intended by the 

manufacturer to be used for the installation of cove base or wall base on a wall or 

vertical surface at floor level.

"Cyanoacrylate adhesive" means any adhesive with a cyanoacrylate 

content of at least 95% by weight.

"Dry wall installation" means the installation of gypsum dry wall to studs or 

solid surfaces using an adhesive formulated for that purpose.

"Fiberglass" means a material consisting of extremely fine glass fibers.

"Flexible vinyl" means nonrigid polyvinyl chloride plastic with at least 5.0% 

by weight plasticizer content.

"Indoor floor covering installation adhesive" means any adhesive intended 

by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl 

tile, vinyl backed carpet, resilient sheet and roll, or artificial grass. Adhesives used to 

install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a 

nonporous substrate, such as flexible vinyl, are excluded from this category.

"Laminate" means a product made by bonding together two or more 

layers of material.

"Low-solids adhesive, sealant or primer" means any product that contains 

120 grams or less of solids per liter of material.

"Marine deck sealant" or "marine deck sealant primer" means any sealant 

or sealant primer labeled for application to wooden marine decks.

"Medical equipment manufacturing" means the manufacture of medical 

devices, such as, but not limited to, catheters, heart valves, blood cardioplegia 

machines, tracheostomy tubes, blood oxygenators, and cardiatory reservoirs.

"Metal to urethane/rubber molding or casting adhesive" means any 
COMMONWEALTH 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 or other paper handling 

equipment.

"Multipurpose construction adhesive" means any adhesive intended by 

the manufacturer for use in the installation or repair of various construction materials, 

including but not limited to, drywall, subfloor, panel, fiberglass reinforced plastic (FRP), 

ceiling tile, and acoustical tile.

"Nonmembrane roof installation/repair adhesive" means any adhesive 

intended by the manufacturer for use in the installation or repair of nonmembrane roofs 

and that is not intended for the installation of prefabricated single-ply flexible roofing 

membrane, including, but not limited to, plastic or asphalt roof cement, asphalt roof 

coating, and cold application cement.

"Outdoor floor covering installation adhesive" means any adhesive 

intended by the manufacturer for use in the installation of floor covering that is not in an 

enclosure and that is exposed to ambient weather conditions during normal use.

"Ozone season" means the period beginning May 1 of a calendar year 

and ending on September 30 of the same year, inclusive. [ "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 ] 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 synthetic materials chemically formed by the 

polymerization of organic (carbon-based) substances. Plastics are usually compounded 

with modifiers, extenders, and/or reinforcers and are capable of being molded, 

extruded, cast into various shapes and films or drawn into filaments.

"Polyvinyl chloride plastic" or "PVC plastic" means a polymer of the 

chlorinated vinyl monomer that contains 57% chlorine.

"Polyvinyl chloride welding adhesive" or "PVC welding adhesive" means 

any adhesive intended by the manufacturer for use in the welding of PVC plastic pipe.

"Porous material" means a substance that has tiny openings, often 

microscopic, in which fluids may be absorbed or discharged, including, but not limited 

to, wood, paper, and corrugated paperboard.

"Propellant" means a fluid under pressure that expels the contents of a 

container when a valve is opened.

"Reactive diluent" means a liquid that is a reactive organic compound 

during application and one in that, through chemical and/or physical reactions, such as 

polymerization, 20% or more of the reactive organic compound becomes an integral 

part of a finished material.

"Roadway sealant" means any sealant intended by the manufacturer for 

application to public streets, highways and other surfaces, including but not limited to, 

curbs, berms, driveways, and parking lots.

"Rubber" means any natural or manmade rubber substrate, including but 

not limited to, styrene-butadiene rubber, polychloroprene (neoprene), butyl rubber, 

nitrile rubber, chlorosulfonated polyethylene and ethylene propylene diene terpolymer.

"SCAQMD" means the South Coast Air Quality Management District, a 

part of the California Air Resources Board, which is responsible for the regulation of air 

quality in the state of California.

"Sealant" means any material with adhesive properties that is formulated 

primarily to fill, seal, waterproof or weatherproof gaps or joints between two surfaces. 

Sealants include sealant primers and caulks.

"Sealant primer" means any product intended by the manufacturer for 
COMMONWEALTH 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 the underlying substrate 

from corrosion or abrasion. These operations also include laminating sheet rubber to 

fabric by hand.

"Single-ply roof membrane" means a prefabricated single sheet of rubber, 

normally ethylene 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 for use in the installation or repair of single-ply roof membrane. 

Installation includes, as a minimum, attaching the edge of the membrane to the edge of 

the roof and applying flashings to vents, pipes and ducts that protrude through the 

membrane. Repair includes gluing the edges of torn membrane together, attaching a 

patch over a hole and reapplying flashings to vents, pipes or ducts installed through the 

membrane.

"Single-ply roof membrane adhesive primer" means any primer labeled for 

use to clean and promote adhesion of the single-ply roof membrane seams or splices 

prior to bonding.

"Single-ply roof membrane sealant" means any sealant labeled for 

application to single-ply roof membrane.

"Solvent" means organic compounds that are used as diluents, thinners, 

dissolvers, viscosity reducers, cleaning agents or other related uses.

"Structural glazing adhesive" means any adhesive intended by the 

manufacturer to apply glass, ceramic, metal, stone or composite panels to exterior 

building frames.

"Subfloor installation" means the installation of subflooring material over 

floor joists, including the construction of any load bearing joists. Subflooring is covered 

by a finish surface material.

"Surface preparation solvent" means a solvent used to remove dirt, oil and 

other contaminants from a substrate prior to the application of a primer, adhesive or 

sealant.

"Thin metal laminating adhesive" means any adhesive intended by the 

manufacturer for use in bonding multiple layers of metal to metal or metal to plastic in 
COMMONWEALTH 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 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 buffed tire casings to prevent 

oxidation while the tire is being prepared for a new tread.

"Traffic marking tape" means preformed reflective film intended by the 

manufacturer for application to public streets, highways and other surfaces, including 

but not limited to curbs, berms, driveways, and parking lots.

"Traffic marking tape adhesive primer" means any primer intended by the 

manufacturer for application to surfaces prior to installation of traffic marking tape.

"Undersea-based weapons systems components" means the fabrication 

of parts, assembly of parts or completed units of any portion of a missile launching 

system used on undersea ships.

"Volatile organic compound" or "VOC" means volatile organic compound 

as defined in 9VAC5-10-20.

"Waterproof resorcinol glue" means a two-part 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 Limits for Adhesives, Sealants, Adhesive Primers, Sealant Primers and 

Adhesives Applied to Particular Substrates
COMMONWEALTH 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 manufacturing 850

Contact bond 250

Cove base installation 150

CPVC welding 490

Indoor floor covering installation 150

Metal to urethane/rubber molding or casting 850

Multipurpose construction 200

Nonmembrane roof installation/repair 300

Other plastic cement welding 510

Outdoor floor covering installation 250

PVC welding 510

Single-ply roof membrane installation/repair 250

Structural glazing 100

Thin metal laminating 780

Tire retread 100

Perimeter bonded sheet vinyl flooring installation 660

Waterproof resorcinol glue 170

Sheet-applied rubber installation 850

Sealants

Architectural 250

Marine deck 760

Nonmembrane roof installation/repair 300

Roadway 250

Single-ply roof membrane 450

Other 420
COMMONWEALTH 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 Listed Substrate

Flexible vinyl 250

Fiberglass 200

Metal 30

Porous material 120

Rubber 250

Other substrates 250

*The VOC content is determined using the weight of volatile compounds, less water 

and exempt compounds, as specified in 9VAC5-45-710 of this article.

B. Except as provided in 9VAC5-45-630 B through E, in subsection G of this 

section, and in 9VAC5-45-660, no person shall use, or apply for compensation, any 

adhesive, sealant, adhesive primer or sealant primer in excess of the applicable VOC 

content limits specified in Table 45-6A.

C. The VOC content limits in Table 45-6A for adhesives applied to particular 

substrates shall apply as follows.

1. If an owner or other person uses an adhesive or sealant subject to a 

specific VOC content limit for such adhesive or sealant in Table 45-6A, such specific 

limit is applicable rather than an adhesive-to-substrate limit.

2. If an adhesive is used to bond dissimilar substrates together, the 

applicable substrate category with the highest VOC content shall be the limit for such 
COMMONWEALTH 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 single-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 pressure of the solvent used for the removal of 

adhesives, sealants, or adhesive or sealant primers from surfaces other than spray 

application equipment is less than 45 mm Hg at 20°C, except as provided in subdivision 

4 of this subsection; and

4. For the removal of adhesives, sealants, adhesive primers or sealant 

primers from parts of spray application equipment, the removal is performed as follows:

a. In an enclosed cleaning system, or equivalent cleaning system 

as determined by the test method identified in 9VAC5-45-710 I;

b. Using a solvent with a VOC content less than or equal to 70 

grams of VOC per liter of material; or

c. Parts containing dried adhesive may be soaked in a solvent if (i) 

the composite vapor pressure of the solvent, excluding water and exempt compounds, 

is less than or equal to 9.5 mm Hg at 20°C, and (ii) the parts and solvent are in a closed 

container that remains closed except when adding parts to or removing parts from the 

container.

E. Any owner or other person using adhesives, sealants, adhesive primers, 

sealant primers, surface preparation or clean-up solvents subject to the provisions of 

this article shall store or dispose of all absorbent materials, such as cloth or paper, that 

are moistened with adhesives, sealants, primers or solvents subject to the provisions of 

this article, in nonabsorbent containers that shall be closed except when placing 

materials in or removing materials from the container.

F. No owner or other person shall solicit the use, require the use or specify the 

application of any adhesive, sealant, adhesive primer, sealant primer, surface 

preparation or 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 under 
COMMONWEALTH 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 [ roofing ] 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 follows:

1. During the ozone seasons, or portions thereof, between August 1, 2010

and September 30, 2011; and [ From May 1, 2010 to September 30, 2010, inclusive; 

In the Northern Virginia and Fredericksburg VOC Emissions Control Areas: during 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: during the ozone season, or 

portion thereof, between (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 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 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 shall 
COMMONWEALTH OF VIRGINIA PAGE 160 of 165

STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5-40 AND 45)

be determined using either Reference Method 24 or SCAQMD "Determination of 

Volatile Organic Compounds (VOC) In Various Materials" (see 9VAC5-20-21).

C. The organic content of exempt organic compounds shall be determined using 

ASTM "Standard Test Method for Determination of Dichloromethane and 1,1,1-

Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph"

(see 9VAC5-20-21), as applicable.

D. The VOC content of any plastic welding cement adhesive or primer shall be 

determined using SCAQMD "Determination of Volatile Organic Compounds (VOC) in 

Materials Used for Pipes and Fittings" (see 9VAC5-20-21).

E. To determine if a diluent is a reactive diluent, the percentage of the reactive 

organic compound that becomes an integral part of the finished materials shall be 

determined using SCAQMD "Determination of Volatile Organic Compounds (VOC) in 

Materials Used for Pipes and Fittings" (see 9VAC5-20-21).

F. The composite vapor pressure of organic compounds in cleaning materials 

shall be determined by quantifying the amount of each compound in the blend using 

[ gas chromatographic analysis (ASTM "Standard Practice for Packed Column Gas 

Chromatography") ] ASTM "Standard Practice for Packed Column Gas 

Chromatography" for organics and ASTM "Standard Test Method for Water Content of 

Coatings by Direct Injection Into a Gas Chromatograph" for water content (see 9VAC5-

20-21), as applicable, and the following equation:

∑ ∑

∑

= =

=

+ +

= n

i

i i

n

i

w w e e

n

i

i i i

c

W Mw W Mw W Mw

W VP Mw

Pp

1 1

1

/ / /

( )( )/

where:

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

Wi = Weight of the "i"th VOC compound, in grams, as determined by 

ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5-20-

21).

Ww = Weight of water, in grams as determined by ASTM "Standard Test 

Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph"

(see 9VAC5-20-21).

We = Weight of the "i"th exempt compound, in grams, as determined by 

ASTM "Standard Practice for Packed Column Gas Chromatography" (see 9VAC5-20-
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).

Mwi = Molecular weight of the "i"th VOC compound, in grams per g-mole, 

as given in chemical reference literature.

Mww = Molecular weight of water, 18 grams per g-mole.

Mwe = Molecular weight of the "i"th exempt compound, in grams per gmole, as given in chemical reference literature.

Vpi = Vapor pressure of the "i"th VOC compound at 20oC, in mm Hg, as 

determined by subsection G of this section.

G. The vapor pressure of each single component compound may be determined 

from ASTM "Standard Test Method for Vapor Pressure-Temperature Relationship and 

Initial Decomposition Temperature of Liquids by Isoteniscope" (see 9VAC5-20-21), from 

chemical reference literature or from additional sources acceptable to the board.

H. If air pollution control equipment is used to meet the requirements of 9VAC5-

45-650, the owner or operator shall make the following determinations:

1. The measurement of capture efficiency shall be conducted and 

reported in accordance with the EPA Technical Document "Guidelines for Determining 

Capture Efficiency" (see 9VAC5-20-21).

2. The control efficiency shall be determined in accordance with 

Reference Methods 25, 25A, 25B or CARB Method 100 (see 9VAC5-20-21), as 

appropriate.

I. The active and passive solvent losses from spray gun cleaning systems shall 

be determined using SCAQMD's "General Test Method for Determining Solvent Losses 

from Spray Gun Cleaning Systems" (see 9VAC5-20-21). The test solvent for this 

determination shall be any lacquer thinner with a minimum vapor pressure of 105 mm 

of Hg at 20oC, and the minimum test temperature shall be 15oC.

J. For adhesives that do not contain reactive diluents, the VOC content of 

adhesive in grams per liter, less water and exempt compounds, shall be calculated 

according to the following equation:

Vm Vw Ve

Ws Ww We VOC − −− − =

where:
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 liters.

Ve = volume of exempt compounds, in liters.

K. For adhesives that contain reactive diluents, the VOC content of the adhesive 

is determined after curing. The VOC content of adhesive in grams per liter, less water 

and exempt compounds, shall be calculated according to the following equation:

Vrm Vrw Vre

Wrs Wrw Wre 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 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:

Vm

Ws Ww We 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 VOCby weight

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 solvent in use or in storage;

2. A data sheet or material list that provides the material name, 

manufacturer identification, and material application for each product on the list;

3. Catalysts, reducers or other components used in each product on the 

list and the mix ratio;

4. The VOC content of each product on the list, as supplied;
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 primer, cleanup or surface preparation solvent used.

C. Any owner or other person who complies with the provisions of 9VAC5-45-650 

B through the use of add-on air pollution control equipment shall record the key 

operating parameters for the control equipment, including, but not limited to, the 

following information:

1. The volume used per day of each adhesive, sealant, adhesive primer, 

sealant primer or solvent that is subject to a VOC content limit in Table 45-6A and that 

exceeds such limit;

2. On a daily basis, the combustion temperature, inlet and exhaust gas 

temperatures or control device efficiency, as appropriate, pursuant to 9VAC5-45-660;

3. Daily hours of operation; and

4. All maintenance performed including the date and type of maintenance.

D. For adhesives, sealants, adhesive primers and sealant primers subject to the 

laboratory testing exemption pursuant to 9VAC5-45-630 B 1 of this article, the person 

conducting the testing shall make and maintain records of all such materials used, 

including, but not limited to (i) the product name, (ii) the product category of the material 

or type of application, and (iii) the VOC content of each material.

E. Any owner or other person that is subject to the provisions of this article and 

who sells an adhesive, sealant, adhesive primer or sealant primer that is subject to the 

provisions of this article but does not comply with the VOC content limits in Table 45-

6A, shall make and keep records as follows:

1. The name of, and contact information for, each owner or other person 

to whom such noncompliant product is sold, and

2. The amount of each such noncompliant product that is sold to that 

owner or other person per calendar year.

F. Any owner of other person claiming an exemption for plaque laminating 

equipment pursuant to 9VAC5-45-630 C 4 shall keep records sufficient to demonstrate 

that the exemption applies. Such records shall include, but are not limited to, (i) the 

installation date of the plaque laminating equipment, (ii) monthly records of the types of 

laminate and substrate used and the VOC content of each adhesive used by the 
COMMONWEALTH 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. All records made to determine compliance with the provisions of this article 

shall be maintained for [ five ] three years from the date such record is created and 

shall be made available to the board within 90 days of a request.

TEMPLATES\NOIRA\REG-PRO

REG\DEV\J07-REG-FIN.DOC
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

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

following information regarding public participation activities and compliance with state 

administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

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

submit comments and attend a hearing concerning 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 Quality 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 second 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. Environmental Protection Agency was notified 

of the hearing. This notification follows 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 Board’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 regulation 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 reference 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 Virginia State Implementation Plan.

TEMPLATES\SIP-REG\REG02-PH-N

SIP\NONATTN PLANS\2013\J07-SIP-2.DOC
Public Notice • £.nvironmentnl 

Regulation Helice Of adlotr. The State Air Pollution Control 

Board Is considering the adoption of a regula· 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 

con; ments through the Department of Envlronmen· 

tal Quality (DE. Q) on the 

(i) proposal, (li) costs 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 stage : 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 

In the manufacture, distribl)tlon, retail 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 the 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 subJect to the current provisions of 9VAC5•40, 

Artfcle 42 concerning portable fuel container 

spillage, ;amends some of those re(julr~ments, 

and applies only in the Northern V1rglma and 

Fredericksburg VOC Emissions 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 of 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 other requirements, and 

applies only in the Northern VIrginia and Fred· 

ericksburg voc Emissions Control 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 palnts1 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), applies 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. 

Nev.,.· iJ ··t'clc. 6. h1 1 ccntrol.s Y0C ~:?missions 

frcm adhr <> l'les , adhesive p:imers.f s~~~lCJ.rrt~ and seniant p;; ners in t he Northern Y; gu:,a~ rl;ch·-

m(Jfld am~ Fredericksburg VOC t:m!ss1ons Contr-ol Areas . . -his artkl0 irnplerMmts ~t oe con- ~e r.t lin: it s for tho~~ :-o.:~ucts a!1r:l proh t·~ 

~;V ~ -from manufa,-:h.!rlng, distribLJtlnfh .:-: ellinc ·1

• ·: noncomplian t ;;i

oduct-s. :·11 1!; 

articie ;~ -. , ; · ., compliance deadline of May 

1, 2010. . . . 5. New Article 7, which controls VOC emiSSJons 

from asphalt paving operat 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 requirements 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 extends compliance dates originally pro· posed In revision '006 as January 1, 2009 to a more reasonable date in the futuTE> (May 1, 

2010); and , rtl , 3. It exte'lds appllcablliti of 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 45 and In 

Chapter 4Q, Article 48 in the·Richmond VOC 

Emissions Control Area may be revised to be more consistent with the effective regulation. Federal information: This notice is being given to satisfy the public participation requirements offederal 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· slon to the Commonwealth of VIrginia s:p un· !lou l llO(a) of the federal Clellfl Air Act In ac· t~~rd"ance with 40 CFR 51.104: It Is planned to. submit 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.-45-<ilt B. 

Locallty_part>< ularly affected; Localities partie· 

ularly •n.cted by the proposed reg\llatlor.> are tiM coun~s (Jf Arlington, alrta~ . Lol!doun. 

I Prin

ce Wllli'lm, Staffiml. Spotsylvania, Charles 

City, Chesterfield, Hanover, Henrico and Prince 

G•.!orge; and the ~>s o1 Alexandria, Fairfax, Falls GhtJrch, Manassa; , Ma•tassa' Park, Fred· 

eticksbucg, (;olonil!l Heights, Ho

pewell, Peters· 

burg, and Ric mond. 

Revision Dil6 <tffectecl all the localities listed 

above except ' ~ose in the Richmond VOC Emls· 

sions Control Area. Since revisioN D06 has 

been adopted and Is expected to become effective, the loca'! t!es particularly affected by this 

regulatorv ac,lon would then be restricted to just those areas that are locat!!d in the Rich· 

l'liond VOC Emissions Control Area; specifically, the cou11ties of Charles City, Chesterfield, Han· over, Henrico and Prince George; and the cities 

of Colonial Heights, Hopewell, Petersburg, and 

Richmond. 

How to comment: DEQ accepts written com· ments by email, fax, and postal mall. All writ· ten comments must include the full name, ad· 

dress and telephone number of the person commenting and be received by DEQ on the 

last day of the 

comment 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 any supporting docu· ments or exhibits. All testimony, exhibits and 

documents received are part of tne public re· cord. 

To review regulation documents: The proposal and an analysis conducted by DEQ (including a statement of purpose, a statement of estimat· 

ed impacts and benefits of the proposed regu- lation, an explanation 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 alternative 

approaches), are avaJfabJe 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 may 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, Richmond, 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 commenh:T document e~ 

~uest s and additional infi:>rrnatlcn: Gary Gr:!-

lai1\ nul to y .l'\n"lyst 1 Offi:e o-r Regulatory \ffairs, Dt:pattme11t of Envlrcr1mentn! (}uallty. '0 Box 1105, Richmond, YA 23218 (phone 80~­ i9S-4103, fux 804 &~8 , em~il 

?i.. ry. G~arn@ 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-evaluations.

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 selfevaluation.

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-evaluation 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 

compliance, 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 office 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 

program 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 program 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

STATE AIR POLLUTION CONTROL BOARD

Final Regulation

Titles of Regulations: 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 East 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

regulatory 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 Northern 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 

operations 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 

applicable 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. Applicability 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 in 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 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 operations 

uses coatings required to meet military specifications 

(MILSPEC) where no other existing coating can be used 

that meets the provisions of this article.

9VAC5-40-6975. 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 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 March 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 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. 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 

Volatile Organic Compound Emissions Control Areas 

designated in 9VAC5-20-206.

9VAC5-45-70. Exemptions.

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

fuel container or spout manufactured for shipment, sale, and 

use outside of the applicable volatile organic compound 

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

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

manufacturer or distributor who sells, supplies, or offers for 

sale a portable fuel container or spout that does not comply 

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

long as the manufacturer or distributor can demonstrate that: 

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

shipment and use outside of the applicable volatile organic 

compound emissions control areas designated in 9VAC5-45-

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

reasonable prudent precautions to assure that the portable fuel 

container or spout is not distributed within the applicable 

volatile organic compound emissions control areas designated 

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

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

offered for sale to retail outlets.

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

meeting the requirements of subpart F of 29 CFR Part 1926 

Subpart F.

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

containers with a nominal capacity less than or equal to one 

quart.

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

refueling devices with nominal capacities greater than or 

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

for use in officially sanctioned off-highway motor sports such 

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

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

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

receiver permanently installed on the target fuel tank.

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

tanks manufactured specifically to deliver fuel through a hose 

attached between the portable fuel tank and the outboard 

engine for the purpose of operating the outboard engine.

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

fueling remote control model airplanes.

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

"supplied" do not include internal transactions within a 

business or governmental entity. These terms only apply to 

transactions between manufacturers/commercial distributors 

that sell, or otherwise provide, products to 

businesses/governmental entities/individuals.

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

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

or manufacture for sale any portable fuel container after the 

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

portable fuel container meets all of the following standards 

for spill-proof systems:

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

the target fuel tank overflows.

2. Automatically closes and seals when removed from the 

target fuel tank and remains completely closed when not 

dispensing fuel.

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

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

gallon per day.

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

than one year against defects in materials and 

workmanship.

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

or manufacture for sale any spout after the compliance dates 

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

following standards for spill-proof spouts:

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

the target fuel tank overflows.

2. Automatically closes and seals when removed from the 

target fuel tank and remains completely closed when not 

dispensing fuel.

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

than one year against defects in materials and 

workmanship.

C. The test procedures for determining compliance with the 

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

manufacturer of portable fuel containers or spouts shall 

perform the tests for determining compliance as set forth in 

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

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

sale. The manufacturer shall maintain records of these 

compliance tests for as long as the product is available for 
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 of 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 seq.) 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 

Control Areas designated in 9VAC5-20-206.

9VAC5-45-170. Exemptions.

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

fuel container or spout manufactured for shipment, sale, and 

use outside of the applicable volatile organic compound 

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

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

manufacturer or distributor who sells, supplies, or offers for 

sale a portable fuel container or spout that does not comply 

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

long as the manufacturer or distributor can demonstrate that: 

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

shipment and use outside of the applicable volatile organic 

compound emissions control areas designated in 9VAC5-45-

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

reasonable prudent precautions to assure that the portable fuel 

container or spout is not distributed within the applicable 

volatile organic compound emissions control areas designated 

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

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

offered for sale to retail outlets.

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

meeting the requirements of subpart F of 29 CFR Part 1926

Subpart F.

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

containers with a nominal capacity less than or equal to one 

quart.

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

refueling devices with nominal capacities greater than or 

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

for use in officially sanctioned off-highway motor sports such 

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

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

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

receiver permanently installed on the target fuel tank.

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

tanks manufactured specifically to deliver fuel through a hose 

attached between the portable fuel tank and the outboard 

engine for the purpose of operating the outboard engine.

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

fueling remote control model airplanes.

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

"supplied" do not include internal transactions within a 

business or governmental entity. These terms only apply to 

transactions between manufacturers/commercial distributors 

that sell, or otherwise provide, products to 

businesses/governmental entities/individuals.

9VAC5-45-190. 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, supply, offer for 

sale, or advertise for sale any portable fuel container or 
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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 spillproof 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.

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 color coded and marked 

as follows:

a. Portable fuel containers shall be color coded for 

specific fuels:

(1) Gasoline – red;

(2) Diesel – yellow; and

(3) Kerosene – blue.

b. Each portable fuel container shall have identification 

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

(1) Red containers shall be permanently identified with 

the embossed language or permanent durable label 

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

of equivalent proportions.

(2) Yellow containers shall be permanently identified 

with the embossed language or permanent durable label 

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

equivalent proportions.

(3) Blue containers shall be permanently identified with 

the embossed language or permanent durable label 

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

of equivalent proportions.

2. Portable fuel containers shall comply with emissions 

standards as follows:

a. Portable fuel containers that are equipped with an 

intended spill-proof spout shall emit no more than 0.3 

grams per gallon per day.

b. Compliance with emission standards in this 

subdivision shall be determined using the test procedure 

specified in 9VAC5-45-250 B 2.

c. Portable fuel containers that share similar designs, that 

are constructed of identical materials, and that are 

manufactured using identical processes, but vary only in 

size or color may be considered for certification as a 

product family.

3. Portable fuel containers and spouts shall comply with 

the specifications for durability in subsection 7.4 of the test 

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

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

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

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

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

automatically close when the spill-proof spout is removed 

from the target tank, seal, and remain completely closed 

when not dispensing fuel, as specified in the test procedure 

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

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

after fueling that may evaporate into the atmosphere.

6. An applicant seeking certification of a portable fuel 

container or spout from the board pursuant to this article 

shall also:

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

is free from defects in materials and workmanship that 

cause such systems or spill-proof spouts to fail to 

conform with each of the certification and compliance 

standards specified in CARB "Certification Procedure 

501 for Portable Fuel Containers and Spill-Proof Spouts, 

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

and

b. Supply a copy of the warranty language specified in 

subdivision a of this subdivision that is supplied to the 

buyer in the packaging for each spill-proof system or 

spill-proof spout at the time of sale identifying the 

following minimum requirements:

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

period;

(2) An unconditional statement that the spill-proof 

system or spill-proof spout is certified to the 

requirements in subdivision a of this subdivision (which 

may be referred to as being certified to California 

requirements); and

(3) A listing of the specific certification requirements or 

limitations to which it was certified.

7. An applicant shall supply a copy of the operating 

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

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

include, at a minimum, the following specifications:

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

passenger cars and trucks, lawn and garden equipment, 

off-road motorcycles and snowmobiles, industrial 

equipment, and marine vessels that the spill-proof system 

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

b. Other instructions, such as the recommended fueling 

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

use.
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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 

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

opening needed for the spout) provided the secondary 

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

and it does not emit hydrocarbon vapors in excess of the 

amounts specified in this section during fueling, storage, 

transportation, or handling events.

C. The test procedures for determining compliance with the 

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

manufacturer of portable fuel containers or spouts shall 

perform the tests for determining compliance as set forth in 

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

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

sale. The manufacturer shall maintain records of these 

compliance tests for as long as the product is available for 

sale and shall make those test results available within 60 days 

of request.

D. Compliance with the standards in this section does not 

exempt spill-proof systems or spill-proof spouts from 

compliance with other applicable federal and state statutes 

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

other safety regulations, nor will the board test for or 

determine compliance with such other statutes or regulations.

9VAC5-45-200. Certification procedures.

A. Provisions follow concerning the requirements and 

process for board certification of a portable fuel container or 

spout manufactured on or after [ 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 the manufacturer of the portable fuel container 

or spout.

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

the application shall contain the following information:

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

numbers of the company, owner or other persons that are 

submitting the application, and the names and phone 

numbers of contact persons that are knowledgeable 

concerning the application.

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

spill-proof spouts for which certification is requested.

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

or spill-proof spouts comply with each of the certification 

requirements identified in 9VAC5-45-190 B.

d. Engineering drawings of the spill-proof system or 

spill-proof spout detailing dimensions specific to each 

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

dimensioned drawings for the portable fuel container and 

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

type or size of portable fuel container or more than one 

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

separate dimensioned drawings are required for each 

component.

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

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

applicable criteria.

f. Any other test data that supports the requirements in 

subdivision e of this subsection and that would assist in 

the determination of certification.

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

be permanently embossed on the spill-proof system or 

spill-proof spout. This shall include examples of date 

code wheels as well as all other permanent markings and 

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

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

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

approval.

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

i. The manufacturer's recommended instructions, 

instruction decals, or any other type of placard attached 

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

of sale. Include examples of actual decals or placards if 

available. Proposed placards or decals are sufficient if 

actual samples are not available. Once the board certifies 

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

placards cannot be altered or modified in any way 

without first obtaining the board's approval.

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

45-190 B 6.

k. A description of the materials used in the construction 

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

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

described.

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

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

component manufacturers have been notified of the 

applicant's intended use of the manufacturers' 

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

for which the application is being made.

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

components not manufactured by it on the applicable 

spill-proof system or spill-proof spout, the applicant shall 
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notify the component manufacturers and obtain the 

information required of the application as specified in 

this subsection.

(2) If the component design and material specifications 

requested for inclusion in the certification have not been 

previously incorporated in a spill-proof system or spillproof spout that has been issued a CARB certification 

executive order or has been certified by the board 

pursuant to these procedures, then each of the 

components shall be subject to each of the application 

and test requirements specified in this article.

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

is not required as part of the initial application for 

certification. The board may later require that a sample 

be provided if it is deemed necessary to make the proper 

certification determination.

n. The document certification statement required by 

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

defined in that section.

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

section is public information that may not be claimed as 

confidential. Other information submitted to the board to 

meet the requirements of this article shall be available to 

the public except where the owner makes a showing 

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

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

which case the information shall be handled in 

accordance with the procedures specified in §§ 10.1-1314 

and 10.1-1314.1 of the Air Pollution Control Law of 

Virginia.

2. In accordance with the time periods specified in 

subsection C of this section, the board will certify a 

portable fuel container or spout. The board will specify 

such terms and conditions as are necessary to ensure that 

the emissions from the portable fuel containers or spouts 

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

190. The certification shall also include operational terms, 

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

that all requirements of this article are met.

C. Provisions follow concerning the portable fuel container 

or spout certification time frames.

1. The board will take appropriate action on an application 

within the following time periods:

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

the board will inform the applicant in writing that either:

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

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

information required to make the application complete.

b. Within 30 working days of receipt of additional 

information provided in response to a determination that 

an application is deficient, the board will inform the 

applicant in writing that either:

(1) The additional information is sufficient to make the 

application complete, and the application is accepted for 

filing, or

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

information required to make the application complete.

c. If the board finds that an application meets the 

requirements of subsection B of this section, then it shall 

certify that the requirements have been met in accordance 

with the requirements of this article. The board will 

normally act to approve or disapprove a complete 

application within 90 working days after the application 

is deemed complete. The board may extend this time 

period if additional information is needed. 

2. [ 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 applicant may mutually agree to a longer 

time period for the board to take the appropriate action. 

D. In accordance with the following procedures, the board 

will take into consideration whether the portable fuel 

container or spout has been certified by CARB.

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

application as required under subsection B of this section, 

certification may be granted by the board as follows:

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

effective CARB certification executive order, or

b. Certification may be granted on the basis of the 

effective CARB certification executive order, modified 

as necessary by the board to meet the requirements of 

this article.

2. An abbreviated application may be submitted by a 

manufacturer requesting certification by the board under 

subdivision 1 of this subsection. The abbreviated 

application shall include, as a minimum:

a. A request by the manufacturer that certification be 

granted by the board based upon an effective CARB 

certification executive order.

b. A copy of the effective CARB certification executive 

order, including all conditions established by CARB 

applicable to the CARB certification executive order.

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

with the applicable CARB certification executive order 

within the volatile organic compound emissions control 

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

any additional terms and conditions that the board may 

specify in granting certification under this subsection.

d. Manufacturer and product information as specified in 

subdivisions B 1 a and b of this section.

e. The document certification statement required by 

9VAC5-20-230 certifying the information in the 

application and signed by a responsible official.
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[ 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 the 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. 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 in subsection A 

of this section, due to extraordinary reasons beyond that 

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

for a waiver. The waiver application shall set forth:

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

including the facts that support the extraordinary reasons 

that compliance is beyond the applicant's reasonable 

control;

2. The proposed date by which compliance with the 

provisions of this article will be achieved; and

3. A compliance report detailing the methods by which 

compliance will be achieved.

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

findings are made:

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

the applicant, required compliance with this article would 

result in extraordinary economic hardship;

2. That the public interest in mitigating the extraordinary 

hardship to the applicant by issuing the waiver outweighs 

the public interest in avoiding any increased emissions of 

air contaminants that would result from issuing the waiver; 

and

3. That the compliance report proposed by the applicant 

can reasonably be implemented and shall achieve 

compliance as expeditiously as possible.

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

date by which compliance with the requirements of this 

article shall be achieved. Any approval of a waiver shall 

contain a condition that specifies the increments of progress 

necessary to assure timely compliance and such other 

conditions that the board finds necessary to carry out the 

purposes of this article.

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

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

term or condition of the waiver.

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

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

requirements of this article.

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 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 and other 

persons in the Northern Virginia and Fredericksburg Volatile 

Organic Compound Emissions Control Areas designated in 

9VAC5-20-206.

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

"supplied" do not include internal transactions within a 

business or governmental entity. These terms only apply to 

transactions between manufacturers/commercial distributors 

that sell, or otherwise provide, products to 

businesses/governmental entities/individuals.

9VAC5-45-310. Standard for volatile organic compounds.

A. Except as provided in 9VAC5-45-290, 9VAC5-45-320, 

and 9VAC5-45-330, no owner or other person shall (i) sell, 

supply, or offer for sale a consumer product manufactured on 

or after the applicable compliance date specified in 9VAC5-

45-360 or (ii) manufacture for sale a consumer product on or 

after the applicable compliance date specified in 9VAC5-45-

360, that contains volatile organic compounds in excess of the 

limits specified in Table 45-3A.

TABLE 45-3A

Product Category Percent VOC 

by Weight

Adhesives

Aerosol adhesives

Mist spray adhesive: 65%

Web spray adhesive: 55%

Special purpose spray 

adhesives
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Automotive engine 

compartment adhesive:

70%

Automotive headliner 

adhesive:

65%

Flexible vinyl adhesive: 70%

Laminate repair or 

edgebanding adhesive:

60%

Mounting adhesive: 70%

Polystyrene foam 

adhesive: 

65%

Polyolefin adhesive: 60%

Contact adhesive: 80%

Construction, panel, and floor 

covering adhesive: 

15%

General purpose adhesive: 10%

Structural waterproof adhesive: 15%

Air fresheners

Single-phase aerosol: 30%

Double-phase aerosol: 25%

Liquid/Pump spray: 18%

Solid/Gel: 3%

Antiperspirants

Aerosol: 40% HVOC,

10% MVOC

Nonaerosol: 0% HVOC,

0% MVOC

Automotive brake cleaner: 45%

Automotive rubbing or polishing 

compound: 

17%

Automotive wax, polish, sealant, or glaze

Hard paste wax: 45%

Instant detailer: 3%

All other forms: 15%

Automotive windshield washer fluid: 35%

Bathroom and tile cleaners

Aerosol: 7%

All other forms: 5%

Bug and tar remover: 40%

Carburetor or fuel-injection air intake 

cleaner: 

45%

Carpet and upholstery cleaners

Aerosol: 7%

Nonaerosol (dilutable): 0.1%

Nonaerosol (ready-to-use): 3.0%

Charcoal lighter material: See 

subsection

F of this 

section.

Cooking spray, aerosol: 18%

Deodorants

Aerosol: 0% HVOC,

10% MVOC

Nonaerosol: 0% HVOC,

0% MVOC

Dusting aids

Aerosol: 25%

All other forms: 7%

Engine degreasers

Aerosol: 35%

Nonaerosol: 5%

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
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Aerosol: 10%

Nonaerosol: 4%

General purpose degreasers

Aerosol: 50%

Nonaerosol: 4%

Glass cleaners

Aerosol: 12%

Nonaerosol: 4%

Hair mousse: 6%

Hair shine: 55%

Hair spray: 55%

Hair styling gel: 6%

Heavy-duty hand cleaner or soap: 8%

Insecticides

Crawling bug (aerosol): 15%

Crawling bug (all other forms): 20%

Flea and tick: 25%

Flying bug (aerosol): 25%

Flying bug (all other forms): 35%

Fogger: 45%

Lawn and garden (all other forms): 20%

Lawn and garden (nonaerosol): 3%

Wasp and hornet: 40%

Laundry prewash

Aerosol/Solid: 22%

All other forms: 5%

Laundry starch product: 5%

Metal polish or cleanser: 30%

Multipurpose lubricant (excluding solid 

or semi-solid products): 

50%

Nail polish remover: 75%

Nonselective terrestrial herbicide, 

nonaerosol: 

3%

Oven cleaners

Aerosol/Pump spray: 8%

Liquid: 5%

Paint remover or stripper: 50%

Penetrant: 50%

Rubber and vinyl protectants

Nonaerosol: 3%

Aerosol: 10%

Sealant and caulking compound: 4%

Shaving cream: 5%

Silicone-based multipurpose lubricant 

(excluding solid or semi-solid products): 

60%

Spot removers

Aerosol: 25%

Nonaerosol: 8%

Tire sealant and inflator: 20%

Undercoating, aerosol: 40%

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

or manufacture for sale an antiperspirant or a deodorant that 

contains a compound that has been defined as a toxic 

pollutant in 9VAC5-60-210 C.

C. Provisions follow concerning products that are diluted 

prior to use.

1. For consumer products for which the label, packaging, 

or accompanying literature specifically states that the 

product should be diluted with water or non-VOC solvent 

prior to use, the limits specified in Table 45-3A shall apply 

to the product only after the minimum recommended 

dilution has taken place. For purposes of this subsection, 

"minimum recommended dilution" shall not include 

recommendations for incidental use of a concentrated 

product to deal with limited special applications such as 

hard-to-remove soils or stains.

2. For consumer products for which the label, packaging, 

or accompanying literature states that the product should 

be diluted with a VOC solvent prior to use, the limits 

specified in Table 45-3A shall apply to the product only 

after the maximum recommended dilution has taken place.

D. The following provisions apply to sell through of 

consumer products manufactured before [ 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 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 
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manufacture is clearly displayed on the product container 

or package.

2. Notwithstanding 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 

offered 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 manufacture, or a code 

indicating the date of manufacture, on the product 

container or package does not exempt the owner or product 

from the provisions of this article.

E. For those consumer products that are registered under 

FIFRA, the effective date of the VOC standards shall be one 

year after the applicable compliance date specified in 

9VAC5-45-360.

F. The following requirements shall apply to all charcoal 

lighter material products:

1. Effective as of the applicable compliance date specified 

in 9VAC5-45-360, no owner or other person shall (i) sell, 

supply, or offer for sale a charcoal lighter material product 

manufactured on or after the applicable compliance date or 

(ii) manufacture for sale a charcoal lighter material product 

unless at the time of the transaction:

a. The manufacturer can demonstrate to the board's 

satisfaction that it has been issued a currently effective 

certification by CARB under the Consumer Products 

provisions under Subchapter 8.5, Article 2, § 94509(h), 

of Title 17 of the California Code of Regulations (see 

9VAC5-20-21). This certification remains in effect for as 

long as the CARB certification remains in effect. A 

manufacturer claiming such a certification on this basis 

must submit to the board a copy of the certification 

decision (i.e., the executive order), including all 

conditions established by CARB applicable to the 

certification.

b. The manufacturer or distributor of the charcoal lighter 

material has been issued a currently effective 

certification pursuant to subdivision 2 of this subsection.

c. The charcoal lighter material meets the formulation 

criteria and other conditions specified in the applicable 

ACP agreement issued pursuant to subdivision 2 of this 

subsection.

d. The product usage directions for the charcoal lighter 

material are the same as those provided to the board 

pursuant to subdivision 2 c of this subsection.

2. Provisions follow concerning certification requirements.

a. No charcoal lighter material formulation shall be 

certified under this subdivision unless the applicant for 

certification demonstrates to the board's satisfaction that 

the VOC emissions from the ignition of charcoal with the 

charcoal lighter material are less than or equal to 0.020 

pound of VOC per start, using the procedures specified in 

the South Coast Air Quality Management District Rule 

1174 Ignition Method Compliance Certification Protocol 

(see 9VAC5-20-21). The provisions relating to LVPVOC in 9VAC5-45-290 F and 9VAC5-45-300 C shall 

not apply to a charcoal lighter material subject to the 

requirements of 9VAC5-45-310 A and this subsection.

b. The board may approve alternative test procedures that 

are shown to provide equivalent results to those obtained 

using the South Coast Air Quality Management District 

Rule 1174 Ignition Method Compliance Certification 

Protocol (see 9VAC5-20-21).

c. A manufacturer or distributor of charcoal lighter 

material may apply to the board for certification of a 

charcoal lighter material formulation in accordance with 

this subdivision. The application shall be in writing and 

shall include, at a minimum, the following:

(1) The results of testing conducted pursuant to the 

procedures specified in South Coast Air Quality 

Management District Rule 1174 Testing Protocol (see 

9VAC5-20-21); and

(2) The exact text or graphics that will appear on the 

charcoal lighter material's principal display panel, label, 

or accompanying literature. The provided material shall 

clearly show the usage directions for the product. These 

directions shall accurately reflect the quantity of charcoal 

lighter material per pound of charcoal that was used in 

the South Coast Air Quality Management District Rule 

1174 Testing Protocol (see 9VAC5-20-21) for that 

product, unless:

(a) The charcoal lighter material is intended to be used in 

fixed amounts independent of the amount of charcoal 

used, such as certain paraffin cubes, or

(b) The charcoal lighter material is already incorporated 

into the charcoal, such as certain "bag light," "instant 

light" or "match light" products.

(3) For a charcoal lighter material that meets the criteria 

specified in subdivision 2 c (2) (a) of this subsection, the 

usage instructions provided to the board will accurately 

reflect the quantity of charcoal lighter material used in 

the South Coast Air Quality Management District Rule 

1174 Testing Protocol (see 9VAC5-20-21) for that 

product.

(4) Physical property data, formulation data, or other 

information required by the board for use in determining 

when a product modification has occurred and for use in 

determining compliance with the conditions specified on 

the ACP agreement issued pursuant to subdivision 2 e of 

this subsection.

d. Within 30 days of receipt of an application, the board 

will advise the applicant in writing either that it is 
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complete or that specified additional information is 

required to make it complete. Within 30 days of receipt 

of additional information, the board will advise the 

applicant in writing either that the application is 

complete, or that specified additional information or 

testing is still required before it can be deemed complete.

e. If the board finds that an application meets the 

requirements of subdivision 2 of this subsection, then an 

ACP agreement shall be issued certifying the charcoal 

lighter material formulation and specifying such 

conditions as are necessary to insure that the 

requirements of this subsection are met. The board will 

act on a complete application within 90 days after the 

application is deemed complete.

3. For charcoal lighter material for which certification has 

been granted pursuant to subdivision 2 of this subsection, 

the applicant for certification shall notify the board in 

writing within 30 days of: (i) a change in the usage 

directions, or (ii) a change in product formulation, test 

results, or other information submitted pursuant to 

subdivision 2 of this subsection that may result in VOC 

emissions greater than 0.020 pound of VOC per start.

4. If the board determines that a certified charcoal lighter 

material formulation results in VOC emissions from the 

ignition of charcoal that are greater than 0.020 pound of 

VOC per start, as determined by the South Coast Air 

Quality Management District Rule 1174 Testing Protocol 

(see 9VAC5-20-21) and the statistical analysis procedures 

contained therein, the board will revoke or modify the 

certification as is necessary to assure that the charcoal 

lighter material will result in VOC emissions of less than 

or equal to 0.020 pound of VOC per start. 

G. Provisions follow concerning aerosol adhesives.

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

aerosol adhesives, including consumer, industrial, and 

commercial uses. Except as otherwise provided in 9VAC5-

45-290 and 9VAC5-45-330, no owner or other person shall 

sell, supply, offer for sale, use, or manufacture for sale an 

aerosol adhesive that, at the time of sale, use, or 

manufacture, contains VOCs in excess of the specified 

standard.

2. a. In order to qualify as a "special purpose spray 

adhesive," the product must meet one or more of the 

definitions for special purpose spray adhesive specified in 

9VAC5-45-300 C, but if the product label indicates that the 

product is suitable for use on a substrate or application not 

listed in 9VAC5-45-300 C, then the product shall be 

classified as either a "web spray adhesive" or a "mist spray 

adhesive."

b. If a product meets more than one of the definitions 

specified in 9VAC5-45-300 C for "special purpose spray 

adhesive," and is not classified as a "web spray adhesive" 

or "mist spray adhesive" under subdivision 2 a of this 

subsection, then the VOC limit for the product shall be 

the lowest applicable VOC limit specified in 9VAC5-45-

310 A.

3. Effective as of the applicable compliance dates specified 

in 9VAC5-45-360, no person shall (i) sell, supply, or offer 

for sale an aerosol adhesive manufactured on or after the 

applicable compliance date or (ii) manufacture for sale an 

aerosol adhesive that contains any of the following 

compounds: methylene chloride, perchloroethylene, or 

trichloroethylene.

4. All aerosol adhesives must comply with the labeling 

requirements specified in 9VAC5-45-340 D.

H. Effective as of the applicable compliance date specified 

in 9VAC5-45-360, no owner or other person shall sell, 

supply, offer for sale, or manufacture for use a floor wax 

stripper unless the following requirements are met:

1. The label of each nonaerosol floor wax stripper must 

specify a dilution ratio for light or medium build-up of 

polish that results in an as-used VOC concentration of 

3.0% by weight or less.

2. If a nonaerosol floor wax stripper is also intended to be 

used for removal of heavy build-up of polish, the label of 

that floor wax stripper must specify a dilution ratio for 

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

concentration of 12% by weight or less.

3. The terms "light build-up," "medium build-up" or 

"heavy build-up" are not specifically required as long as 

comparable terminology is used.

I. For a consumer product for which standards are specified 

under subsection A of this section, no owner or other person 

shall sell, supply, offer for sale, or manufacture for sale a 

consumer product that contains any of the following ozonedepleting compounds:

CFC-11 (trichlorofluoromethane), CFC-12 

(dichlorodifluoromethane);

CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane);

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

difluoroethane);

CFC-115 (chloropentafluoroethane), halon 1211 

(bromochlorodifluoromethane);

halon 1301 (bromotrifluoromethane), halon 2402 

(dibromotetrafluoroethane);

HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-

dichloro-1,1,1-trifluoroethane);

HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane);

HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b 

(1-chloro-1,1-difluoroethane);

1,1,1-trichloroethane; or

carbon tetrachloride.

J. The requirements of subsection I of this section shall not 

apply to an existing product formulation that complies with 

Table 45-3A or an existing product formulation that is 
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reformulated to meet Table 45-3A, provided the ozonedepleting compound content of the reformulated product does 

not increase.

K. The requirements of subsection I of this section shall not 

apply to ozone-depleting compounds that may be present as 

impurities in a consumer product in an amount equal to or 

less than 0.01% by weight of the product.

9VAC5-45-320. Alternative control plan (ACP) for 

consumer products.

A. 1. Manufacturers of consumer products may seek an ACP 

agreement in accordance with subsections B through L of this 

section.

2. Only responsible ACP parties for consumer products 

may enter into an ACP agreement under the provisions of 

this section.

B. Provisions follow concerning the requirements and 

process for approval of an ACP.

1. To be considered by the board for approval, an 

application for a proposed ACP shall be submitted in 

writing to the board by the responsible ACP party and shall 

contain all of the following:

a. An identification of the contact persons, phone 

numbers, names, and addresses of the responsible ACP 

party that is submitting the ACP application and will be 

implementing the ACP requirements specified in the 

ACP agreement. 

b. A statement of whether the responsible ACP party is a 

small business or a one-product business.

c. A listing of the exact product brand name, form, 

available variations (flavors, scents, colors, sizes, etc.), 

and applicable product category for each distinct ACP 

product that is proposed for inclusion in the ACP.

d. For each proposed ACP product identified in 

subdivision 1 c of this subsection, a demonstration to the 

satisfaction of the board that the enforceable sales 

records to be used by the responsible ACP party for 

tracking product sales meet the minimum criteria 

specified in subdivision 1 d (5) of this subsection. To 

provide this demonstration, the responsible ACP party 

shall either demonstrate to the satisfaction of the board 

that other records provided to the board in writing by the 

responsible ACP party meet the minimum criteria of 

subdivision 1 d (5) of this subsection for tracking product 

sales of each ACP product, or do all of the following:

(1) Provide the contact persons, phone numbers, names, 

street and mail addresses of all persons and businesses 

who will provide information that will be used to 

determine the enforceable sales;

(2) Determine the enforceable sales of each product using 

enforceable sales records;

(3) Demonstrate, to the satisfaction of the board, the 

validity of the enforceable sales based on enforceable 

sales records provided by the contact persons or the 

responsible ACP party;

(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;

(2) The VOC content and LVP content for each product. 

The VOC content and LVP content shall be reported for 

two different periods as follows:

(a) The VOC and LVP contents of the product at the time 

the application for an ACP is submitted, and

(b) The VOC and LVP contents of the product that were 

used at any time within the four years prior to the date of 

submittal of the application for an ACP if either the VOC 

or LVP contents have varied by more than plus or minus 

10% of the VOC or LVP contents reported in subdivision 

1 e (2) (a) of this subsection.

f. A written commitment obligating the responsible ACP 

party to date-code every unit of each ACP product 

approved for inclusion in the ACP. The commitment 

shall require the responsible ACP party to display the 

date-code on each ACP product container or package no 

later than five working days after the date an ACP 

agreement approving an ACP is signed by the board.

g. An operational plan covering all the products 

identified under subdivision 1 d (5) of this subsection for 

each compliance period that the ACP will be in effect. 

The operational plan shall contain all of the following:

(1) An identification of the compliance periods and dates 

for the responsible ACP party to report the information 

required by the board in the ACP agreement approving 

an ACP. The length of the compliance period shall be 

chosen by the responsible ACP party (not to exceed 365 

days). The responsible ACP party shall also choose the 

dates for reporting information such that all required 

VOC content and enforceable sales data for all ACP 

products shall be reported to the board at the same time 

and at the same frequency .

(2) An identification of specific enforceable sales records 

to be provided to the board for enforcing the provisions 

of this article and the ACP agreement approving an ACP. 

The enforceable sales records shall be provided to the 

board no later than the compliance period dates specified 

in subdivision 1 g (1) of this subsection.

(3) For a small business or a one-product business that 

will be relying to some extent on surplus trading to meet 

its ACP limits, a written commitment from the 
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responsible ACP party that they will transfer the surplus 

reductions to the small business or one-product business 

upon approval of the ACP.

(4) For each ACP product, all VOC content levels that 

will be applicable for the ACP product during each 

compliance period. The plan shall also identify the 

specific method by which the VOC content will be 

determined and the statistical accuracy and precision 

(repeatability and reproducibility) will be calculated for 

each specified method.

(5) The projected enforceable sales for each ACP product 

at each different VOC content for every compliance 

period that the ACP will be in effect.

(6) A detailed demonstration showing the combination of 

specific ACP reformulations or surplus trading (if 

applicable) that is sufficient to ensure that the ACP 

emissions will not exceed the ACP limit for each 

compliance period that the ACP will be in effect, the 

approximate date within each compliance period that 

such reformulations or surplus trading are expected to 

occur, and the extent to which the VOC contents of the 

ACP products will be reduced (i.e., by ACP 

reformulation). This demonstration shall use the 

equations specified in 9VAC5-45-300 C for projecting 

the ACP emissions and ACP limits during each 

compliance period. This demonstration shall also include 

all VOC content levels and projected enforceable sales 

for all ACP products to be sold during each compliance 

period.

(7) A certification that all reductions in the VOC content 

of a product will be real, actual reductions that do not 

result from changing product names, mischaracterizing 

ACP product reformulations that have occurred in the 

past, or other attempts to circumvent the provisions of 

this article.

(8) Written explanations of the date-codes that will be 

displayed on each ACP product's container or packaging.

(9) A statement of the approximate dates by which the 

responsible ACP party plans to meet the applicable ACP 

VOC standards for each product in the ACP.

(10) An operational plan ("reconciliation of shortfalls 

plan") that commits the responsible ACP party to 

completely reconcile shortfalls, even, to the extent 

permitted by law, if the responsible ACP party files for 

bankruptcy protection. The plan for reconciliation of 

shortfalls shall contain all of the following:

(a) A clear and convincing demonstration of how 

shortfalls of up to 5.0%, 10%, 15%, 25%, 50%, 75% and 

100% of the applicable ACP limit will be completely 

reconciled within 90 working days from the date the 

shortfall is determined;

(b) A listing of the specific records and other information 

that will be necessary to verify that the shortfalls were 

reconciled as specified in this subsection; and

(c) A commitment to provide a record or information 

requested by the board to verify that the shortfalls have 

been completely reconciled.

h. A declaration, signed by a legal representative for the 

responsible ACP party, that states that all information 

and operational plans submitted with the ACP 

application are true and correct.

2. a. In accordance with the time periods specified in 

subsection C of this section, the board will issue an ACP 

agreement approving an ACP that meets the requirements 

of this article. The board will specify such terms and 

conditions as are necessary to ensure that the emissions 

from the ACP products do not exceed the emissions that 

would have occurred if the ACP products subject to the 

ACP had met the VOC standards specified in 9VAC5-45-

310 A. The ACP shall also include:

(1) Only those ACP products for which the enforceable 

sales are at least 75% of the gross sales as determined in 

subdivision 1 d (5) of this subsection;

(2) A reconciliation of shortfalls plan meeting the 

requirements of this article; and 

(3) Operational terms, conditions, and data to be reported 

to the board to ensure that all requirements of this article 

are met.

b. The board will not approve an ACP submitted by a 

responsible ACP party if the board determines, upon 

review of the responsible ACP party's compliance history 

with past or current ACPs or the requirements for 

consumer products in this article, that the responsible 

ACP party has a recurring pattern of violations and has 

consistently refused to take the necessary steps to correct 

those violations.

C. Provisions follow concerning ACP approval time frames.

1. The board will take appropriate action on an ACP within 

the following time periods:

a. Within 30 working days of receipt of an ACP 

application, the board will inform the applicant in writing 

that either:

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

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

information required to make the application complete.

b. Within 30 working days of receipt of additional 

information provided in response to a determination that 

an ACP application is deficient, the board will inform the 

applicant in writing that either:

(1) The additional information is sufficient to make the 

application complete, and the application is accepted for 

filing, or
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(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 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 period 

of the VOC content specified for an ACP product in the 

ACP agreement approving an ACP shall constitute a 

single, separate violation of the requirements of this article 

for each ACP product that exceeds the specified VOC 

content that is sold, supplied, offered for sale, or 

manufactured for use.

4. Any of the following actions shall each constitute a 

single, separate violation of the requirements of this article 

for each day after the applicable deadline until the 

requirement is satisfied:

a. Failure to report data or failure to report data 

accurately in writing to the board regarding the VOC 

content, LVP content, enforceable sales, or other 

information required by the deadline specified in the 

applicable ACP agreement;

b. False reporting of information submitted to the board 

for determining compliance with the ACP requirements;

c. Failure to completely implement the reconciliation of 

shortfalls plan that is set forth in the ACP agreement 

within 30 working days from the date of written 

notification of a shortfall by the board; or

d. Failure to completely reconcile the shortfall as 

specified in the ACP agreement within 90 working days 

from the date of written notification of a shortfall by the 

board.

5. False reporting or failure to report any of the 

information specified in subdivision F 2 i of this section or 

the sale or transfer of invalid surplus reductions shall 

constitute a single, separate violation of the requirements 

of this article for each day during the time period for which 

the surplus reductions are claimed to be valid.

6. Except as provided in subdivision 7 of this subsection, 

an exceedance of the ACP limit for a compliance period 

that the ACP is in effect shall constitute a single, separate 

violation of the requirements of this article for each day of 

the applicable compliance period. The board will 

determine whether an exceedance of the ACP limit has 

occurred as follows:

a. If the responsible ACP party has provided all required 

information for the applicable compliance period 

specified in the ACP agreement approving an ACP, then 

the board will determine whether an exceedance has 

occurred using the enforceable sales records and VOC 

content for each ACP product as reported by the 

responsible ACP party for the applicable compliance 

period.

b. If the responsible ACP party has failed to provide all 

the required information specified in the ACP agreement 

for an applicable compliance period, the board will 

determine whether an exceedance of the ACP limit has 

occurred as follows.

(1) For the missing data days, the board will calculate the 

total maximum historical emissions as specified in 

9VAC5-45-300 C.

(2) For the remaining portion of the compliance period 

that are not missing data days, the board will calculate 

the emissions for each ACP product using the 

enforceable sales records and VOC content that were 
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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 applicable to 

each ACP product and the enforceable sales records 

specified in subdivision 6 b (2) of this subsection. The 

enforceable sales for each ACP product during missing 

data days, as specified in subdivision 6 b (1) of this 

subsection, shall be zero.

(5) An exceedance of the ACP limit has occurred when 

the ACP emissions, determined pursuant to subdivision 6 

b (3) of this subsection, exceeds the ACP limit, 

determined pursuant to subdivision 6 b (4) of this 

subsection.

7. If a violation specified in subdivision 6 of this 

subsection occurs, the responsible ACP party may, 

pursuant to this subdivision, establish the number of 

violations as calculated according to the following 

equation:

where:

NEV = number of ACP limit violations.

ACP emissions = the ACP emissions for the compliance 

period.

ACP limit = the ACP limit for the compliance period.

40 pounds = number of pounds of emissions equivalent 

to one violation.

The responsible ACP party may determine the number of 

ACP limit violations pursuant to this subdivision only if it 

has provided all required information for the applicable 

compliance period, as specified in the ACP agreement 

approving the ACP. By choosing this option, the 

responsible ACP party waives all legal objections to the 

calculation of the ACP limit violations pursuant to this 

subdivision.

8. A cause of action against a responsible ACP party under 

this section shall be deemed to accrue on the date when the 

records establishing a violation are received by the board.

9. The responsible ACP party is fully liable for compliance 

with the requirements of this article, even if the responsible 

ACP party contracts with or otherwise relies on another 

person to carry out some or all of the requirements of this 

article.

F. Provisions follow concerning surplus reductions and 

surplus trading.

1. The board will issue surplus reduction certificates that 

establish and quantify, to the nearest pound of VOC 

reduced, the surplus reductions achieved by a responsible 

ACP party operating under an ACP. The surplus reductions 

can be bought from, sold to, or transferred to a responsible 

ACP party operating under an ACP, as provided in 

subdivision 2 of this subsection. All surplus reductions 

shall be calculated by the board at the end of each 

compliance period within the time specified in the 

approved ACP. Surplus reduction certificates shall not 

constitute instruments, securities, or another form of 

property.

2. The issuance, use, and trading of all surplus reductions 

shall be subject to the following provisions:

a. For the purposes of this article, VOC reductions from 

sources of VOCs other than consumer products subject to 

the VOC standards specified in 9VAC5-45-310 A may 

not be used to generate surplus reductions.

b. Surplus reductions are valid only when generated by a 

responsible ACP party and only while that responsible 

ACP party is operating under an approved ACP.

c. Surplus reductions are valid only after the board has 

issued an ACP agreement pursuant to subdivision 1 of 

this subsection.

d. Surplus reductions issued by the board may be used by 

the responsible ACP party who generated the surplus 

until the reductions expire, are traded, or until the ACP is 

canceled pursuant to subdivision J 2 of this section.

e. Surplus reductions cannot be applied retroactively to a 

compliance period prior to the compliance period in 

which the reductions were generated.

f. Except as provided in subdivision 2 g (2) of this 

subsection, only small or one-product businesses selling 

products under an approved ACP may purchase surplus 

reductions. An increase in the size of a small business or 

one-product business shall have no effect on surplus 

reductions purchased by that business prior to the date of 

the increase.

g. While valid, surplus reductions can be used only for 

the following purposes:

(1) To adjust the ACP emissions of either the responsible 

ACP party who generated the reductions or the 

responsible ACP party to which the reductions were 

traded, provided the surplus reductions are not to be used 

by a responsible ACP party to further lower its ACP 

emissions when its ACP emissions are equal to or less 

than the ACP limit during the applicable compliance 

period; or

(2) To be traded for the purpose of reconciling another 

responsible ACP party's shortfalls, provided such 

reconciliation is part of the reconciliation of shortfalls 

plan approved by the board pursuant to subdivision B 1 g 

(10) of this section.
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h. A valid surplus reduction shall be in effect starting five 

days after the date of issuance by the board for a 

continuous period equal to the number of days in the 

compliance period during which the surplus reduction 

was generated. The surplus reduction shall then expire at 

the end of its effective period.

i. At least five working days prior to the effective date of 

transfer of surplus reductions, both the responsible ACP 

party that is selling surplus reductions and the 

responsible ACP party that is buying the surplus 

reductions shall, either together or separately, notify the 

board in writing of the transfer. The notification shall 

include all of the following:

(1) The date the transfer is to become effective.

(2) The date the surplus reductions being traded are due 

to expire.

(3) The amount (in pounds of VOCs) of surplus 

reductions that is being transferred.

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

surplus reductions.

(5) The contact persons, names of the companies, street 

and mail addresses, and phone numbers of the 

responsible ACP parties involved in the trading of the 

surplus reductions. 

(6) A copy of the board-issued surplus reductions 

certificate, signed by both the seller and buyer of the 

certificate, showing transfer of all or a specified portion 

of the surplus reductions. The copy shall show the 

amount of any remaining nontraded surplus reductions, if 

applicable, and shall show their expiration date. The copy 

shall indicate that both the buyer and seller of the surplus 

reductions fully understand the conditions and limitations 

placed upon the transfer of the surplus reductions and 

accept full responsibility for the appropriate use of such 

surplus reductions as provided in this section.

j. Surplus reduction credits shall only be traded between 

ACP products.

3. Provisions follow concerning limited-use surplus 

reduction credits for early reformulations of ACP products.

a. For the purposes of this subdivision, "early 

reformulation" means an ACP product that is 

reformulated to result in a reduction in the product's 

VOC content, and that is sold, supplied, or offered for 

sale for the first time during the one-year (365 day) 

period immediately prior to the date on which the 

application for a proposed ACP is submitted to the board. 

Early reformulation does not include reformulated ACP 

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

than one year prior to the date on which the ACP 

application is submitted to the board.

b. If requested in the application for a proposed ACP, the 

board will, upon approval of the ACP, issue surplus 

reduction credits for early reformulation of ACP 

products, provided that all of the following 

documentation has been provided by the responsible 

ACP party to the satisfaction of the board:

(1) Accurate documentation showing that the early 

reformulation reduced the VOC content of the ACP 

product to a level that is below the pre-ACP VOC 

content of the product or below the applicable VOC 

standard specified in 9VAC 5-45-310 A, whichever is the 

lesser of the two;

(2) Accurate documentation demonstrating that the early 

reformulated ACP product was sold in retail outlets 

within the time period specified in subdivision 3 a of this 

subsection;

(3) Accurate sales records for the early reformulated 

ACP product that meet the definition of enforceable sales 

records and that demonstrate that the enforceable sales 

for the ACP product are at least 75% of the gross sales 

for the product, as specified in subdivision B 1 d of this 

section; and 

(4) Accurate documentation for the early reformulated 

ACP product that meets the requirements specified in 

subdivisions B 1 c and d and B 1 g (7) and (8) of this 

section and that identifies the specific test methods for 

verifying the claimed early reformulation and the 

statistical accuracy and precision of the test methods as 

specified in subdivision B 1 g (4) of this section.

c. Surplus reduction credits issued pursuant to this 

subsection shall be calculated separately for each early 

reformulated ACP product by the board according to the 

following equation:

where:

SR = surplus reductions for the ACP product, expressed 

to the nearest pound.

Enforceable sales = the enforceable sales for the early 

reformulated ACP product, expressed to the nearest 

pound of ACP product.

VOC contentinitial = the pre-ACP VOC content of the 

ACP product, or the applicable VOC standard specified 

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

expressed to the nearest 0.1 pounds of VOC per 100 

pounds of ACP product.

VOC contentfinal = the VOC content of the early 

reformulated ACP product after the early reformulation 

is achieved, expressed to the nearest 0.1 pounds of VOC 

per 100 pounds of ACP product.

d. The use of limited use surplus reduction credits issued 

pursuant to this subdivision shall be subject to all of the 

following provisions:
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(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. Provisions follow concerning the reconciliation of 

shortfalls.

1. At the end of each compliance period, the responsible 

ACP party shall make an initial calculation of shortfalls 

occurring in that compliance period as specified in the 

ACP agreement approving the ACP. Upon receipt of this 

information, the board will determine the amount of a 

shortfall that has occurred during the compliance period 

and shall notify the responsible ACP party of this 

determination.

2. The responsible ACP party shall implement the 

reconciliation of shortfalls plan as specified in the ACP 

agreement approving the ACP within 30 working days 

from the date of written notification of a shortfall by the 

board.

3. All shortfalls shall be completely reconciled within 90 

working days from the date of written notification of a 

shortfall by the board by implementing the reconciliation 

of shortfalls plan specified in the ACP agreement 

approving the ACP.

4. All requirements specified in the ACP agreement 

approving an ACP, including all applicable ACP limits, 

shall remain in effect while shortfalls are in the process of 

being reconciled.

H. Provisions follow concerning the notification of 

modifications to an ACP by the responsible ACP party.

1. Board pre-approval is not required for modifications that 

are a change to an ACP product's: (i) product name, (ii) 

product formulation, (iii) product form, (iv) product 

function, (v) applicable product category, (vi) VOC 

content, (vii) LVP content, (viii) date-codes, or (ix) 

recommended product usage directions. The responsible

ACP party shall notify the board of such changes, in 

writing, no later than 15 working days from the date such a 

change occurs. For each modification, the notification shall 

fully explain the following:

a. The nature of the modification;

b. The extent to which the ACP product formulation, 

VOC content, LVP content, or recommended usage 

directions will be changed;

c. The extent to which the ACP emissions and ACP limit 

specified in the ACP agreement will be changed for the 

applicable compliance period; and

d. The effective date and corresponding date-codes for 

the modification.

2. The responsible ACP party may propose modifications 

to the enforceable sales records or the reconciliation of 

shortfalls plan specified in the ACP agreement approving 

the ACP, however, such modifications require board preapproval. Any such proposed modifications shall be fully 

described in writing and forwarded to the board. The 

responsible ACP party shall clearly demonstrate that the 

proposed modifications will meet the requirements of this 

article. The board will act on the proposed modifications 

using the procedure set forth in subsection C of this 

section. The responsible ACP party shall meet all 

applicable requirements of the existing ACP until such 

time as a proposed modification is approved in writing by 

the board.

3. Except as otherwise provided in subdivisions 1 and 2 of 

this subsection, the responsible ACP party shall notify the 

board, in writing, of information known by the responsible 

ACP party that may alter the information submitted 

pursuant to the requirements of subsection B of this 

section. The responsible ACP party shall provide such 

notification to the board no later than 15 working days 

from the date such information is known to the responsible 

ACP party.

I. Provisions follow concerning the modification of an ACP 

by the board.

1. If the board determines that: (i) the enforceable sales for 

an ACP product are no longer at least 75% of the gross 

sales for that product, (ii) the information submitted 

pursuant to the approval process set forth in subsection C 

of this section is no longer valid, or (iii) the ACP emissions 

are exceeding the ACP limit specified in the ACP 

agreement approving an ACP, then the board will modify 

the ACP as necessary to ensure that the ACP meets all 

requirements of this article and that the ACP emissions 

will not exceed the ACP limit. 

2. If any applicable VOC standards specified in 9VAC5-

45-310 A are modified by the board in a future rulemaking, 

the board will modify the ACP limit specified in the ACP 

agreement approving an ACP to reflect the modified ACP 

VOC standards as of their effective dates.

J. Provisions follow concerning the cancellation of an ACP.

1. An ACP shall remain in effect until:

a. The ACP reaches the expiration date specified in the 

ACP agreement;
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b. The ACP is modified by the responsible ACP party 

and approved by the board as provided in subsection H of 

this section;

c. The ACP is modified by the board as provided in 

subsection I of this section;

d. The ACP includes a product for which the VOC 

standard specified in 9VAC5-45-310 A is modified by 

the board in a future rulemaking, and the responsible 

ACP party informs the board in writing that the ACP will 

terminate on the effective date of the modified standard; 

or 

e. The ACP is cancelled pursuant to subdivision 2 of this 

subsection.

2. The board will cancel an ACP if any of the following 

circumstances occur:

a. The responsible ACP party demonstrates to the 

satisfaction of the board that the continuation of the ACP 

will result in an extraordinary economic hardship.

b. The responsible ACP party violates the requirements 

of the approved ACP, and the violation results in a 

shortfall that is 20% or more of the applicable ACP limit 

(i.e., the ACP emissions exceed the ACP limit by 20% or 

more).

c. The responsible ACP party fails to meet the 

requirements of subsection G of this section within the 

time periods specified in that subsection.

d. The responsible ACP party has demonstrated a 

recurring pattern of violations and has consistently failed 

to take the necessary steps to correct those violations.

3. Cancellations of ACPs are considered case decisions and 

will be processed using the procedures prescribed in 

9VAC5-170-40 A 2 and applicable provisions of Article 3 

(§ 2.2-4018 et seq.) of the Administrative Process Act.

4. The responsible ACP party for an ACP that is canceled 

pursuant to this section and who does not have a valid ACP 

to immediately replace the canceled ACP shall meet all of 

the following requirements:

a. All remaining shortfalls in effect at the time of ACP 

cancellation shall be reconciled in accordance with the 

requirements of subsection G of this section, and

b. All ACP products subject to the ACP shall be in 

compliance with the applicable VOC standards in 

9VAC5-45-310 A immediately upon the effective date of 

ACP cancellation.

5. Violations incurred pursuant to subsection E of this 

section shall not be cancelled or affected by the subsequent 

cancellation or modification of an ACP pursuant to 

subsection H, I, or J of this section.

K. The information required by subdivisions B 1 a and b and 

F 2 i of this section is public information that may not be 

claimed as confidential. Other information submitted to the 

board to meet the requirements of this section shall be 

available to the public except where the owner makes a 

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

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

which case the information shall be handled in accordance 

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

1314.1 of the Air Pollution Control Law of Virginia.

L. A responsible ACP party may transfer an ACP to another 

responsible ACP party, provided that all of the following 

conditions are met:

1. The board will be notified, in writing, by both 

responsible ACP parties participating in the transfer of the 

ACP and its associated ACP agreement. The written 

notifications shall be postmarked at least five working days 

prior to the effective date of the transfer and shall be 

signed and submitted separately by both responsible 

parties. The written notifications shall clearly identify the 

contact persons, business names, mail and street addresses, 

and phone numbers of the responsible parties involved in 

the transfer.

2. The responsible ACP party to which the ACP is being 

transferred shall provide a written declaration stating that 

the transferee shall fully comply with all requirements of 

the ACP agreement approving the ACP and this article.

M. In approving agreements under subsections B through L 

of this section, the board will take into consideration whether 

the applicant has been granted an ACP by CARB. A 

manufacturer of consumer products that has been granted an 

ACP agreement by the CARB under the provisions in 

Subchapter 8.5, Article 4, Sections 94540-94555, of Title 17 

of the California Code of Regulations (see 9VAC5-20-21) 

may be exempt from Table 45-3A for the period of time that 

the CARB ACP agreement remains in effect provided that all 

ACP products used for emission credits within the CARB 

ACP agreement are contained in Table 45-3A. A 

manufacturer claiming such an ACP agreement on this basis 

must submit to the board a copy of the CARB ACP decision 

(i.e., the executive order), including all conditions established 

by CARB applicable to the exemption and certification that 

the manufacturer will comply with the CARB ACP decision 

for those ACP products in the areas specified in 9VAC5-45-

280 C.

9VAC5-45-390. Notification, records and reporting.

A. The provisions of 9VAC5-45-50 (Notification, records 

and reporting) apply.

B. Upon 90 days written notice, the board may require a 

responsible party to report information for a consumer 

product the board may specify, including, but not limited to, 

all or part of the following information:

1. The company name of the responsible party and the 

party's address, telephone number, and designated contact 

person.

2. A showing satisfactory to the board under 9VAC5-170-

60 B and C that supports any claim of confidentiality made 
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pursuant to 9VAC5-170-60, §§ 10.1-1314 and 10.1-1314.1 

of the Virginia Air Pollution Control Law, and other 

applicable state confidentiality requirements.

3. The product brand name for each consumer product 

subject to registration and, upon request by the board, the 

product label.

4. The product category to which the consumer product 

belongs.

5. The applicable product forms listed separately.

6. An identification of each product brand name and form 

as a "Household Product," "I&I Product," or both.

7. Separate sales in pounds per year, to the nearest pound, 

and the method used to calculate sales for each product 

form.

8. For registrations submitted by two companies, an 

identification of the company that is submitting relevant 

data separate from that submitted by the responsible party. 

All registration information from both companies shall be 

submitted by the date specified in this subsection.

9. For each product brand name and form, the net percent 

by weight of the total product, less container and 

packaging, composed of the following, rounded to the 

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

a. Total exempt compounds.

b. Total LVP-VOCs that are not fragrances.

c. Total all other carbon-containing compounds that are 

not fragrances.

d. Total all noncarbon-containing compounds.

e. Total fragrance.

f. For products containing greater than 2.0% by weight 

fragrance:

(1) The percent of fragrances that are LVP-VOCs; and 

(2) The percent of fragrances that are all other carboncontaining 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 (CAS) number, of the 

following:

a. Each exempt compound; and

b. Each LVP-VOC that is not a fragrance.

11. If applicable, the weight percent composed of 

propellant for each product.

12. If applicable, an identification of the type of propellant.

C. In addition to the requirements of subdivision B 10 of this 

section, the responsible party shall report to the board the net 

percentage by weight of each ozone-depleting compound that 

is:

1. Listed in 9VAC5-45-310 I; and

2. Contained in a product subject to registration under 

subsection B of this section in an amount greater than 1.0% 

by weight.

D. Information submitted by responsible parties pursuant to 

this section shall be available to the public except where the 

owner makes a showing satisfactory to the board under 

9VAC5-170-60 B that the information meets the criteria in 

9VAC5-170-60 C, in which case the information shall be 

handled in accordance with the procedures specified in §§ 

10.1-1314 and 10.1-1314.1 of the Air Pollution Control Law 

of Virginia.

E. Provisions follow concerning special recordkeeping and 

reporting requirements for consumer products that contain 

perchloroethylene or methylene chloride.

1. The requirements of this subsection shall apply to all 

responsible parties for consumer products that are subject 

to 9VAC5-45-310 A and contain perchloroethylene or 

methylene chloride. For the purposes of this subsection, a 

product contains perchloroethylene or methylene chloride 

if the product contains 1.0% or more by weight (exclusive 

of the container or packaging) of either perchloroethylene 

or methylene chloride.

2. For each consumer product that contains 

perchloroethylene or methylene chloride, the responsible 

party shall keep records of the following information for 

products sold during each calendar year, beginning with 

the year of the applicable compliance date specified in 

9VAC5-45-360, and ending with the year 2010:

a. The product brand name and a copy of the product 

label with legible usage instructions;

b. The product category to which the consumer product 

belongs;

c. The applicable product form, listed separately;

d. For each product form listed in subdivision 2 c of this 

subsection, the total sales during the calendar year to the 

nearest pound (exclusive of the container or packaging), 

and the method used for calculating sales;

e. The weight percentage, to the nearest 0.10% of 

perchloroethylene and methylene chloride in the 

consumer product;

3. Upon 90 days written notice, the board may require a 

responsible party to report the information specified in 

subdivision 2 of this subsection.

4. Records required by subdivision 2 of this subsection 

shall be maintained by the responsible party for three 

calendar years from the date such records were created.

5. Alternative control plan notifications, records, and 

reporting shall be made as required by 9VAC5-45-320 and 

as required in the ACP agreement.

6. Innovative product notifications, records, and reporting 

shall be made as required by 9VAC5-45-330 and as 
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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. 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 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 any 

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 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.

9VAC5-45-420. 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" means any emissions 

averaging program approved by the board pursuant to the 

provisions of this article.

"ACP agreement" means the document signed by the board 

that includes the conditions and requirements of the board and 

that allows manufacturers to sell ACP products pursuant to 

the requirements of this article.

"ACP emissions" means the sum of the VOC emissions 

from every ACP product subject to an ACP agreement 

approving an ACP, during the compliance period specified in 

the ACP agreement, expressed to the nearest pound of VOC 

and calculated according to the following equation:

where:

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

Enforceable sales = (see definition in this section).

VOC content = one of the following:

1. For all products except for charcoal lighter material 

products:

where:

A = total net weight of unit (excluding container and 

packaging).

B = total weight of all VOCs per unit.

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

specified in 9VAC5-45-410.

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 agreement 

approving an ACP, expressed to the nearest pound of VOC, 

and calculated according to the following equation:

where:

where:

Enforceable sales = (see definition in this section).

ACP standard = (see definition in this section).

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

"ACP product" means any consumer product subject to the 

VOC standards specified in 9VAC5-45-430 A, except those 

products that have been exempted as innovative products 

under 9VAC5-45-450.

"ACP reformulation" or "ACP reformulated" means the 

process of reducing the VOC content of an ACP product 

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

than the current VOC content of the product.
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"ACP standard" means either the ACP product's pre-ACP 

VOC content or the applicable VOC standard specified in 

9VAC5-45-430 A, whichever is the lesser of the two.

"ACP VOC standard" means the maximum allowable VOC 

content for an ACP product, determined as follows:

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

430 A for all ACP products except for charcoal lighter 

material;

2. For charcoal lighter material products only, the VOC 

standard for the purposes of this article shall be calculated 

according to the following equation:

where:

0.020 = the certification emissions level for the product, as 

specified in9VAC5-45-430 E.

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

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

surface to another by attachment. Adhesive does not include 

products used on humans and animals, adhesive tape, contact 

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

adhesive incorporated onto or in an inert substrate. For 

contact adhesive only, adhesive also does not include units of 

product, less packaging, 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 

bond one or more materials. Adhesives include, but are not 

limited to, caulk, sealant, glue, or similar substances used for 

the purpose of forming a bond.

1. "Floor and wall covering adhesive remover" means a 

product designed or labeled to remove floor or wall 

coverings and associated adhesive from the underlying 

substrate.

2. "Gasket or thread locking adhesive remover" means a 

product designed or labeled to remove gaskets or thread 

locking adhesives. Products labeled for dual use as a paint 

stripper and as a gasket remover or thread locking adhesive 

remover are considered gasket or thread locking adhesive 

remover.

3. "General purpose adhesive remover" means a product 

designed or labeled to remove cyanoacrylate adhesives and 

nonreactive adhesives or residue from a variety of 

substrates. General purpose adhesive remover includes, but 

is not limited to, products that remove thermoplastic 

adhesives, pressure sensitive adhesives, dextrin-based or 

starch-based adhesives, casein glues, rubber-based or latexbased adhesives, as well as products that remove stickers, 

decals, stencils, or similar materials. General purpose 

adhesive remover does not include floor or wall covering 

adhesive remover.

4. "Specialty adhesive remover" means a product designed 

to remove reactive adhesives from a variety of substrates. 

Reactive adhesives include adhesives that require a 

hardener or catalyst in order for the bond to occur. 

Examples of reactive adhesives include, but are not limited 

to, epoxies, urethanes, and silicones. Specialty adhesive 

remover does not include gasket or thread locking adhesive 

remover.

"Aerosol adhesive" means an aerosol product in which the 

spray mechanism is permanently housed in a nonrefillable 

can designed for hand-held application without the need for 

ancillary hoses or spray equipment. Aerosol adhesives 

include special purpose spray adhesives, mist spray 

adhesives, and web spray adhesives.

"Aerosol cooking spray" means any aerosol product 

designed either to reduce sticking on cooking and baking 

surfaces or to be applied on food, or both.

"Aerosol product" means a pressurized spray system that 

dispenses product ingredients by means of a propellant 

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

mechanically induced force. Aerosol product does not include 

pump sprays.

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

or device for the control of pests in connection with the 

commercial production, storage, or processing of any animal 

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

of pesticides in properly labeled packages or containers that 

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

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

definition only:

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

environment.

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

mining, or chemical process or use in the operation of 

factories, processing plants, and similar sites.

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

on property necessary for the operation of, buildings such 

as hospitals, schools, libraries, auditoriums, and office 

complexes.

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

under the applicable state pesticide licensing requirement.

"Air freshener" means any consumer product including, but 

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

for the purpose of masking odors or freshening, cleaning, 

scenting, or deodorizing the air. Air fresheners do not include 
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products that are used on the human body, products that 

function primarily as cleaning products (as indicated on a 

product label) or as toilet/urinal care products, disinfectant 

products claiming to deodorize by killing germs on surfaces, 

or institutional or industrial disinfectants when offered for 

sale solely through institutional and industrial channels of 

distribution. Air fresheners do include spray disinfectants and 

other products that are expressly represented for use as air 

fresheners, except institutional and industrial disinfectants 

when offered for sale through institutional and industrial 

channels of distribution. To determine whether a product is an 

air freshener, all verbal and visual representations regarding 

product use on the label or packaging and in the product's 

literature and advertising may be considered. The presence of, 

and representations about, a product's fragrance and ability to 

deodorize (resulting from surface application) shall not 

constitute a claim of air freshening.

"All other carbon-containing compounds" means all other 

compounds that contain at least one carbon atom and are not 

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

"All other forms" means all consumer product forms for 

which no form-specific VOC standard is specified. Unless 

specified otherwise by the applicable VOC standard, all other 

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

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

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

averaging program approved by the board pursuant to the 

provisions of this article.

"Antimicrobial hand or body cleaner or soap" means a 

cleaner or soap that is designed to reduce the level of 

microorganisms on the skin through germicidal activity. 

Antimicrobial hand or body cleaner or soap includes, but is 

not limited to, antimicrobial hand or body washes or cleaners, 

food handler hand washes, healthcare personnel hand washes, 

pre-operative skin preparations, and surgical scrubs. 

Antimicrobial hand or body cleaner or soap does not include 

prescription drug products, antiperspirants, astringent or 

toner, deodorant, facial cleaner or soap, general-use hand or 

body cleaner or soap, hand dishwashing detergent (including 

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

astringent or medicated toner, and rubbing alcohol.

"Antiperspirant" means any product including, but not 

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

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

used to reduce perspiration in the human axilla by at least 

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

"Anti-static product" means a product that is labeled to 

eliminate, prevent, or inhibit the accumulation of static 

electricity. Anti-static products do not include electronic 

cleaners, floor polish or waxes, floor coatings, and products 

that meet the definition of aerosol coating products or 

architectural coatings.

"Architectural coating" means a coating applied to stationary 

structures and their appurtenances, to mobile homes, to 

pavements, or to curbs.

"ASTM" means the American Society for Testing and 

Materials.

"Astringent or toner" means any product not regulated as a 

drug by the United States Food and Drug Administration that 

is applied to the skin for the purpose of cleaning or tightening 

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

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

astringent or medicated toner, cold cream, lotion, or 

antiperspirant.

"Automotive brake cleaner" means a cleaning product 

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

material, or dirt from motor vehicle brake mechanisms.

"Automotive hard paste wax" means an automotive wax or 

polish that is:

1. Designed to protect and improve the appearance of 

automotive paint surfaces;

2. A solid at room temperature; and

3. Contains no water.

"Automotive instant detailer" means a product designed for 

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

automobiles and wiped off prior to the product being allowed 

to dry.

"Automotive rubbing or polishing compound" means a 

product designed primarily to remove oxidation, old paint, 

scratches or swirl marks, and other defects from the painted 

surfaces of motor vehicles without leaving a protective 

barrier.

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

designed to seal out moisture, increase gloss, or otherwise 

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

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

products designed for use in auto body repair shops and 

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

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

not include automotive rubbing or polishing compounds, 

automotive wash and wax products, surfactant-containing car 

wash products, and products designed for use on unpainted 

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

"Automotive windshield washer fluid" means any liquid 

designed for use in a motor vehicle windshield washer system 

either as an antifreeze or for the purpose of cleaning, 

washing, or wetting the windshield. Automotive windshield 

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

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

exclusively for cleaning, washing, or wetting automotive 

glass surfaces for the purpose of restoring or maintaining 

visibility for the driver. Glass cleaners that are intended for 

use on other glass surfaces are not included in this definition. 
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Automotive windshield washer fluid does not include fluids 

placed by the manufacturer in a new vehicle.

"Bathroom and tile cleaner" means a product designed to 

clean tile or surfaces in bathrooms. Bathroom and tile 

cleaners do not include products designed primarily to clean 

toilet bowls, toilet tanks, or urinals.

"Bug and tar remover" means a product labeled to remove 

either or both of the following from painted motor vehicle 

surfaces without causing damage to the finish: (i) biological 

residues, such as insect carcasses and tree sap, and (ii) road 

grime, such as road tar, roadway paint markings, and asphalt.

"CARB" means the California Air Resources Board.

"Carburetor or fuel-injection air intake cleaner" means a 

product designed to remove fuel deposits, dirt, or other 

contaminants from a carburetor, choke, throttle body of a 

fuel-injection system, or associated linkages. Carburetor or 

fuel-injection air intake cleaner does not include products 

designed exclusively to be introduced directly into the fuel 

lines or fuel storage tank prior to introduction into the 

carburetor or fuel injectors.

"Carpet and upholstery cleaner" means a cleaning product 

designed for the purpose of eliminating dirt and stains on 

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

household furniture or objects upholstered or covered with 

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

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

products that make fabric protectant claims. Carpet and 

upholstery cleaners do not include general purpose cleaners, 

spot removers, vinyl or leather cleaners, dry cleaning fluids, 

or products designed exclusively for use at industrial facilities 

engaged in furniture or carpet manufacturing.

"Certified emissions" means the emissions level for products 

approved under 9VAC5-45-430 E, as determined pursuant to 

South Coast Air Quality Management District Rule 1174 

Ignition Method Compliance Certification Protocol (see 

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

per start.

"Certified use rate" means the usage level for products 

approved under 9VAC5-45-430 E, as determined pursuant to 

South Coast Air Quality Management District Rule 1174 

Ignition Method Compliance Certification Protocol (see 

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

certified product used per start.

"Charcoal lighter material" means any combustible material 

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

with charcoal to enhance ignition. Charcoal lighter material 

does not include any of the following:

1. Electrical starters and probes;

2. Metallic cylinders using paper tinder;

3. Natural gas;

4. Propane; or

5. Fat wood.

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

consumer product for an aesthetic effect or to dramatize an 

ingredient.

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

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

are calculated and for which compliance with the ACP limit 

is determined, as specified in the ACP agreement approving 

an ACP.

"Construction, panel, and floor covering adhesive" means 

any one-component adhesive that is designed exclusively for 

the installation, remodeling, maintenance, or repair of:

1. Structural and building components that include, but are 

not limited to, beams, trusses, studs, paneling (drywall or 

drywall laminates, fiberglass reinforced plastic (FRP), 

plywood, particle board, insulation board, predecorated 

hardboard or tileboard, etc.), ceiling and acoustical tile, 

molding, fixtures, countertops or countertop laminates, 

cove or wall bases, and flooring or subflooring; or

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

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

cushion, vinyl-backed carpet, flexible flooring material, 

nonresilient flooring material, mirror tiles and other types 

of tiles, and artificial grass.

Construction, panel, and floor covering adhesive does not 

include floor seam sealer.

"Consumer" means a person who purchases or acquires a 

consumer product for personal, family, household, or 

institutional use. Persons acquiring a consumer product for 

resale are not consumers for that product.

"Consumer product" means a chemically formulated product 

used by household and institutional consumers including, but 

not limited to, detergents; cleaning compounds; polishes; 

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

and garden products; disinfectants; sanitizers; aerosol paints; 

and automotive specialty products, but does not include other 

paint products, furniture coatings, or architectural coatings. 

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

aerosol adhesives, including aerosol adhesives used for 

consumer, industrial, or commercial uses.

"Contact adhesive" means an adhesive that:

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

together;

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

contact with each other;

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

to reposition after both adhesive-coated surfaces are placed 

in contact with each other; and

4. Does not need sustained pressure or clamping of 

surfaces after the adhesive-coated surfaces have been 

brought together using sufficient momentary pressure to 

establish full contact between both surfaces.
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Contact adhesive does not include rubber cements that are 

primarily intended for use on paper substrates. Contact 

adhesive also does not include vulcanizing fluids that are 

designed and labeled for tire repair only.

"Contact adhesive - general purpose" means any contact 

adhesive that is not a contact adhesive - special purpose.

"Contact adhesive - special purpose" means a contact 

adhesive that is used as follows:

1. To bond melamine-covered board, unprimed metal, 

unsupported vinyl, Teflon®, ultra-high molecular weight 

polyethylene, rubber, high pressure laminate or wood 

veneer 1/16 inch or less in thickness to any porous or 

nonporous surface, and is sold in units of product, less 

packaging, that contain more than eight fluid ounces; or

2. In automotive applications that are either:

a. Automotive under-the-hood applications requiring 

heat, oil, or gasoline resistance; or

b. Body-side molding, automotive weatherstrip, or 

decorative trim.

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

consumer or institutional product that serve only to contain, 

enclose, incorporate, deliver, dispense, wrap, or store the 

chemically formulated substance or mixture of substances 

that is solely responsible for accomplishing the purposes for 

which the product was designed or intended. Containers or 

packaging include any article onto or into which the principal 

display panel and other accompanying literature or graphics 

are incorporated, etched, printed, or attached.

"Contact person" means a representative that has been 

designated by the responsible ACP party for the purpose of 

reporting or maintaining information specified in the ACP 

agreement approving an ACP.

"Crawling bug insecticide" means an insecticide product that 

is designed for use against ants, cockroaches, or other 

household crawling arthropods, including, but not limited to, 

mites, silverfish or spiders. Crawling bug insecticide does not 

include products designed to be used exclusively on humans 

or animals or a house dust mite product. For the purposes of 

this definition only:

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

packaging, or accompanying literature states that the 

product is suitable for use against house dust mites, but 

does not indicate that the product is suitable for use against 

ants, cockroaches, or other household crawling arthropods.

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

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

belong to the phylum Arthropoda, the subphylum 

Chelicerata, the class Arachnida, the subclass Acari, the 

order Astigmata, and the family Pyroglyphidae.

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

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

code indicating such a date.

"Deodorant" means any product including, but not limited 

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

squeeze-bottles, that indicates or depicts on the container or 

packaging, or on any sticker or label affixed thereto, that the 

product can be used on or applied to the human axilla to 

provide a scent or minimize odor. A deodorant body spray 

product that indicates or depicts on the container or 

packaging, or on any sticker or label affixed thereto, that it 

can be used on or applied to the human axilla, is a deodorant.

"Deodorant body spray" means a personal fragrance product 

with 20% or less fragrance that is designed for application all 

over the human body to provide a scent. A deodorant body 

spray product that indicates or depicts on the container or 

packaging, or on any sticker or label affixed thereto, that it 

can be used on or applied to the human axilla, is a deodorant.

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

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

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

than human and other than bacterium, virus, or another 

microorganism on or in living humans or other living 

animals); but not including equipment used for the 

application of pesticides when sold separately therefrom.

"Disinfectant" means a product intended to destroy or 

irreversibly inactivate infectious or other undesirable bacteria, 

pathogenic fungi, or viruses on surfaces or inanimate objects 

and whose label is registered under the FIFRA. Disinfectant 

does not include any of the following:

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

2. Products designed for agricultural use;

3. Products designed solely for use in swimming pools, 

therapeutic tubs, or hot tubs; or

4. Products that, as indicated on the principal display panel 

or label, are designed primarily for use as bathroom and 

tile cleaners, glass cleaners, general purpose cleaners, toilet 

bowl cleaners, or metal polishes.

"Distributor" means a person to whom a consumer product 

is sold or supplied for the purposes of resale or distribution in 

commerce, except that manufacturers, retailers, and 

consumers are not distributors.

"Double phase aerosol air freshener" means an aerosol air 

freshener with the liquid contents in two or more distinct 

phases that require the product container to be shaken before 

use to mix the phases, producing an emulsion.

"Dry cleaning fluid" means a 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 
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not include spot remover or carpet and upholstery cleaner. 

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

upholstery fabric designed to be cleaned only with water-free 

spot cleaning products as specified by the American Furniture 

Manufacturers Association Joint Industry Fabrics Standards 

Committee, Woven and Knit Residential Upholstery Fabric 

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

"Dusting aid" means a product designed to assist in 

removing dust and other soils from floors and other surfaces 

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

does not include pressurized gas dusters.

"Electrical cleaner" means a product labeled to remove 

heavy soils such as grease, grime, or oil from electrical 

equipment, including, but not limited to, electric motors, 

armatures, relays, electric panels, or generators. Electrical 

cleaner does not include general purpose cleaners, general 

purpose degreasers, dusting aids, electronic cleaners, 

energized electrical cleaners, pressurized gas dusters, engine 

degreasers, anti-static products, or products designed to clean 

the casings or housings of electrical equipment.

"Electronic cleaner" means a product labeled for the 

removal of dirt, moisture, dust, flux or oxides from the 

internal components of electronic or precision equipment 

such as circuit boards, and the internal components of 

electronic devices, including but not limited to, radios, 

compact disc (CD) players, digital video disc (DVD) players, 

and computers. Electronic cleaner does not include general 

purpose cleaners, general purpose degreasers, dusting aids, 

pressurized gas dusters, engine degreasers, electrical cleaners, 

energized electrical cleaners, anti-static products, or products 

designed to clean the casings or housings of electronic 

equipment.

"Energized electrical cleaner" means a product that meets 

both of the following criteria:

1. The product is labeled to clean or degrease electrical 

equipment, where cleaning or degreasing is accomplished 

when electrical current exists, or when there is a residual 

electrical potential from a component, such as a capacitor;

2. The product label clearly displays the statements: 

"Energized equipment use only. Not to be used for 

motorized vehicle maintenance, or their parts."

Energized electrical cleaner does not include electronic 

cleaner.

"Enforceable sales" means the total amount of an ACP 

product sold for use in the applicable volatile organic 

compound emissions control areas designated in 9VAC5-45-

400 C during the applicable compliance period specified in 

the ACP agreement approving an ACP, as determined 

through enforceable sales records (expressed to the nearest 

pound, excluding product container and packaging).

"Enforceable sales record" means a written, point-of-sale 

record or another board-approved system of documentation 

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

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

applicable volatile organic compound emissions control areas 

designated in 9VAC5-45-400 C during the applicable 

compliance period can be accurately documented. For the 

purposes of this article, enforceable sales records include, but 

are not limited to, the following types of records:

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

the end user during the applicable compliance period;

2. Accurate compilations, made by independent market 

surveying services, of direct retail or other outlet sales to 

the end users for the applicable compliance period, 

provided that a detailed method that can be used to verify 

data composing such summaries is submitted by the 

responsible ACP party and approved by the board; and

3. Other accurate product sales records acceptable to the 

board.

"Engine degreaser" means a cleaning product designed to 

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

external surfaces of engines and other mechanical parts.

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

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl 

benzene), or perchloroethylene (tetrachloroethylene).

"Existing product" means any formulation of the same 

product category and form sold, supplied, manufactured, or

offered for sale prior to March 9, 2005, or any subsequently 

introduced identical formulation.

"Fabric protectant" means a product designed to be applied 

to fabric substrates to protect the surface from soiling from 

dirt and other impurities or to reduce absorption of liquid into 

the fabric's fibers. Fabric protectant does not include 

waterproofers, products designed for use solely on leather, or 

products designed for use solely on fabrics that are labeled 

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

or less.

"Fabric refresher" means a product labeled to neutralize or 

eliminate odors on nonlaundered fabric including, but not 

limited to, soft household surfaces, rugs, carpeting, draperies, 

bedding, automotive interiors, footwear, athletic equipment, 

clothing or on household furniture or objects upholstered or 

covered with fabrics such as, but not limited to, wool, cotton, 

or nylon. Fabric refresher does not include anti-static 

products, carpet and upholstery cleaners, soft household 

surface sanitizers, footwear or leather care products, spot 

removers, or disinfectants, or products labeled for application 

to both fabric and human skin. For the purposes of this 

definition only, soft household surface sanitizer means a 

product labeled to neutralize or eliminate odors on surfaces 

listed above whose label is registered as a sanitizer under 

FIFRA.

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

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

but is not limited to, facial cleansing creams, semisolids, 

liquids, lotions, and substrate-impregnated forms. Facial 
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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 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" means an insecticide product that 

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

eggs. Flea and tick insecticide does not include products that 

are designed to be used exclusively on humans or animals and 

their bedding.

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

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

"Floor coating" 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 include spray buff 

products, products designed solely for the purpose of cleaning 

floors, floor finish strippers, products designed for unfinished 

wood floors, and coatings subject to architectural coatings 

regulations.

"Floor seam sealer" means a product designed and labeled 

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

between adjoining rolls of installed flexible sheet flooring.

"Floor wax stripper" means a product designed to remove 

natural or synthetic floor polishes or waxes through 

breakdown of the polish or wax polymers or by dissolving or 

emulsifying the polish or wax. Floor wax stripper does not 

include aerosol floor wax strippers or products designed to 

remove floor wax solely through abrasion.

"Flying bug insecticide" means an insecticide product that is 

designed for use against flying insects or other flying 

arthropods, including but not limited to flies, mosquitoes, 

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

and hornet insecticide, products that are designed to be used 

exclusively on humans or animals, or a moth-proofing 

product. For the purposes of this definition only, "mothproofing product" means a product whose label, packaging, or 

accompanying literature indicates that the product is designed 

to protect fabrics from damage by moths, but does not 

indicate that the product is suitable for use against flying 

insects or other flying arthropods.

"Footwear or leather care product" means any product 

designed or labeled to be applied to footwear or to other 

leather articles or components, to maintain, enhance, clean, 

protect, or modify the appearance, durability, fit, or flexibility 

of the footwear, leather article or component. Footwear 

includes both leather and 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 used to create 

external protective layers greater than 2 millimeters thick.

"Fragrance" means a substance or complex mixture of 

aroma chemicals, natural essential oils, and other functional 

components with a combined vapor pressure not in excess of 

2 mm of Hg at 20oC, the sole purpose of which is to impart an 

odor or scent, or to counteract a malodor.

"Furniture coating" means a paint designed for application 

to room furnishings including, but not limited to, cabinets 

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

"Furniture maintenance product" means a wax, polish, 

conditioner, or other product designed for the purpose of 

polishing, protecting, or enhancing finished wood surfaces 

other than floors. Furniture maintenance products do not 

include dusting aids, wood cleaners and products designed 

solely for the purpose of cleaning, and products designed to 

leave a permanent finish such as stains, sanding sealers, and 

lacquers.

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

combined with the continuous phase to produce a semisolid 

material, such as jelly.

"General purpose adhesive" means a nonaerosol adhesive 

designed for use on a variety of substrates. General purpose 

adhesive does not include:

1. Contact adhesives;

2. Construction, panel, and floor covering adhesives;

3. Adhesives designed exclusively for application on one 

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

composed of similar materials, such as different types of 

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

vinyls); or

4. Adhesives designed exclusively for use on one specific 

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

different materials but perform a specific function, such as 

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

"General purpose cleaner" means a product designed for 

general all-purpose cleaning, in contrast to cleaning products 

designed to clean specific substrates in certain situations. 

General purpose cleaner includes products designed for 

general floor cleaning, kitchen or countertop cleaning, and 

cleaners designed to be used on a variety of hard surfaces and 

does not include general purpose degreasers and electronic 

cleaners.
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"General purpose degreaser" means a product labeled to 

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

contaminants from a variety of substrates, including 

automotive or miscellaneous metallic parts. General purpose 

degreaser does not include engine degreaser, general purpose 

cleaner, adhesive remover, electronic cleaner, electrical 

cleaner, energized electrical cleaner, metal polish or cleanser, 

products used exclusively in solvent cleaning tanks or related 

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

establishments that manufacture or construct goods or 

commodities; and (ii) labeled "not for retail sale." Solvent 

cleaning tanks or related equipment includes, but is not 

limited to, cold cleaners, vapor degreasers, conveyorized 

degreasers, film cleaning machines, or products designed to 

clean miscellaneous metallic parts by immersion in a 

container.

"General-use hand or body cleaner or soap" means a cleaner 

or soap designed to be used routinely on the skin to clean or 

remove typical or common dirt and soils. General-use hand or 

body cleaner or soap includes, but is not limited to, hand or 

body washes, dual-purpose shampoo-body cleaners, shower 

or bath gels, and moisturizing cleaners or soaps. General-use 

hand or body cleaner or soap does not include prescription 

drug products, antimicrobial hand or body cleaner or soap, 

astringent or toner, facial cleaner or soap, hand dishwashing 

detergent (including antimicrobial), heavy-duty hand cleaner 

or soap, medicated astringent or medicated toner, or rubbing 

alcohol.

"Glass cleaner" means a cleaning product designed primarily 

for cleaning surfaces made of glass. Glass cleaner does not 

include products designed solely for the purpose of cleaning 

optical materials used in eyeglasses, photographic equipment, 

scientific equipment, and photocopying machines.

"Graffiti remover" means a product labeled to remove spray 

paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, 

from a variety of noncloth or nonfabric substrates. Graffiti 

remover does not include paint remover or stripper, nail 

polish remover, or spot remover. Products labeled for dual 

use as both a paint stripper and graffiti remover are 

considered graffiti removers.

"Gross sales" means the estimated total sales of an ACP 

product in the applicable volatile organic compound 

emissions control areas designated in 9VAC5-45-400 C 

during a specific compliance period (expressed to the nearest 

pound), based on either of the following methods, whichever 

the responsible ACP party demonstrates to the satisfaction of 

the board will provide an accurate sales estimate:

1. Apportionment of national or regional sales of the ACP 

product to sales, determined by multiplying the average 

national or regional sales of the product by the fraction of 

the national or regional population, respectively, that is 

represented by the current population of the applicable 

volatile organic compound emissions control areas 

designated in 9VAC5-45-400 C; or

2. Another documented method that provides an accurate 

estimate of the total current sales of the ACP product.

"Hair mousse" means a hairstyling foam designed to 

facilitate styling of a coiffure and provide limited holding 

power.

"Hair shine" means a product designed for the primary 

purpose of creating a shine when applied to the hair. Hair 

shine includes, but is not limited to, dual-use products 

designed primarily to impart a sheen to the hair. Hair shine 

does not include hair spray, hair mousse, hair styling product, 

hair styling gel, or products whose primary purpose is to 

condition or hold the hair.

"Hair spray" means a consumer product that is applied to 

styled hair, and is designed or labeled to provide sufficient 

rigidity to hold, retain and/or finish the style of the hair for a 

period of time. Hair spray includes aerosol hair sprays, pump 

hair sprays, spray waxes; color, glitter, or sparkle hairsprays 

that make finishing claims; and products that are both a 

styling and finishing product. Hair spray does not include 

spray products that are intended to aid in styling but does not 

provide finishing of a hairstyle. For the purposes of this 

article, "finish" or "finishing" means the maintaining or 

holding of previously styled hair for a period of time. For the 

purposes of this article, "styling" means the forming, 

sculpting, or manipulating the hair to temporarily alter the 

hair's shape.

"Hair styling product" means a consumer product that is 

designed or labeled for the application to wet, damp or dry 

hair to aid in defining, shaping, lifting, styling and or 

sculpting of the hair. Hair styling product includes, but is not 

limited to hair balm; clay; cream; creme; curl straightener; 

gel; liquid; lotion; paste; pomade; putty; root lifter; serum; 

spray gel; stick; temporary hair straightener; wax; spray 

products that aid in styling but do not provide finishing of a 

hairstyle; and leave-in volumizers, detanglers or conditioners 

that make styling claims. Hair styling product does not 

include hair mousse, hair shine, hair spray, or shampoos or 

conditioners that are rinsed from the hair prior to styling. For 

the purposes of this article, "finish" or "finishing" means the 

maintaining or holding of previously styled hair for a period 

of time. For the purposes of this article, "styling" means the 

forming, sculpting, or manipulating the hair to temporarily 

alter the hair's shape.

"Heavy-duty hand cleaner or soap" means a product 

designed to clean or remove difficult dirt and soils such as oil, 

grease, grime, tar, shellac, putty, printer's ink, paint, graphite, 

cement, carbon, asphalt, or adhesives from the hand with or 

without the use of water. Heavy-duty hand cleaner or soap 

does not include prescription drug products, antimicrobial 

hand or body cleaner or soap, astringent or toner, facial 

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

medicated astringent or medicated toner, or rubbing alcohol.

"Herbicide" means a pesticide product designed to kill or 

retard a plant's growth, but excludes products that are (i) for 
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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 pursuant to 2VAC20-

40-20 for use and possession.

"Insecticide fogger" means an insecticide product designed 

to release all or most of its content as a fog or mist into indoor 

areas during a single application.

"Institutional product" or "industrial and institutional (I&I) 

product" means a consumer product that is designed for use in 

the maintenance or operation of an establishment that:

1. Manufactures, transports, or sells goods or commodities, 

or provides services for profit; or

2. Is engaged in the nonprofit promotion of a particular 

public, educational, or charitable cause.

Establishments include, but are not limited to, government 

agencies, factories, schools, hospitals, sanitariums, prisons, 

restaurants, hotels, stores, automobile service and parts 

centers, health clubs, theaters, or transportation companies. 

Institutional product does not include household products and 

products that are incorporated into or used exclusively in the 

manufacture or construction of the goods or commodities at 

the site of the establishment.

"Label" means written, printed, or graphic matter affixed to, 

applied to, attached to, blown into, formed, molded into, 

embossed on, or appearing upon a consumer product or 

consumer product package, for purposes of branding, 

identifying, or giving information with respect to the product 

or to the contents of the package.

"Laundry prewash" means a product that is designed for 

application to a fabric prior to laundering and that 

supplements and contributes to the effectiveness of laundry 

detergents or provides specialized performance.

"Laundry starch product" means a product that is designed 

for application to a fabric, either during or after laundering, to 

impart and prolong a crisp, fresh look and may also act to 

help ease ironing of the fabric. Laundry starch product 

includes, but is not limited to, fabric finish, sizing, and starch.

"Lawn and garden insecticide" means an insecticide product 

labeled primarily to be used in household lawn and garden 

areas to protect plants from insects or other arthropods. 

Notwithstanding the requirements of 9VAC5-45-460 C, 

aerosol lawn and garden insecticides may claim to kill insects 

or other arthropods.

"Liquid" means a substance or mixture of substances that is 

capable of a visually detectable flow as determined under 

ASTM "Standard Test Method for Determining Whether a 

Material is a Liquid or a Solid" (see 9VAC5-20-21). Liquid 

does not include powders or other materials that are 

composed entirely of solid particles.

"Lubricant" means a product designed to reduce friction, 

heat, noise, or wear between moving parts, or to loosen rusted 

or immovable parts or mechanisms. Lubricant does not 

include automotive power steering fluids; products for use 

inside power generating motors, engines, and turbines, and 

their associated power-transfer gearboxes; two-cycle oils or 

other products designed to be added to fuels; products for use 

on the human body or animals; or products that are:

1. Sold exclusively to establishments that manufacture or 

construct goods or commodities; and

2. Labeled "not for retail sale."

"LVP content" means the total weight, in pounds, of LVPVOC in an ACP product multiplied by 100 and divided by the 

product's total net weight (in pounds, excluding container and 

packaging), expressed to the nearest 0.1.

"LVP-VOC" means a chemical compound or mixture that 

contains at least one carbon atom and meets one of the 

following:

1. Has a vapor pressure less than 0.1 mm Hg at 20oC, as 

determined by CARB Method 310 (see 9VAC5-20-21);

2. Is a chemical compound with more than 12 carbon 

atoms, or a chemical mixture composed solely of 

compounds with more than 12 carbon atoms as verified by 

formulation data, and the vapor pressure and boiling point 

are unknown;

3. Is a chemical compound with a boiling point greater 

than 216oC, as determined by CARB Method 310 (see 

9VAC5-20-21); or

4. Is the weight percent of a chemical mixture that boils 

above 216oC, as determined by CARB Method 310 (see 

9VAC5-20-21).

For the purposes of the definition of LVP-VOC, "chemical 

compound" means a molecule of definite chemical formula 

and isomeric structure, and "chemical mixture" means a 

substrate composed of two or more chemical compounds.

"Manufacturer" means a person who imports, manufactures, 

assembles, produces, packages, repackages, or relabels a 

consumer product.
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"Medicated astringent or medicated toner" means a product 

regulated as a drug by the United States Food and Drug 

Administration that is applied to the skin for the purpose of 

cleaning or tightening pores. Medicated astringent or 

medicated toner includes, but is not limited to, clarifiers and 

substrate-impregnated products. Medicated astringent or 

medicated toner does not include hand, face, or body cleaner 

or soap products, astringent or toner, cold cream, lotion, 

antiperspirants, or products that must be purchased with a 

doctor's prescription.

"Medium volatility organic compound" or "MVOC" means 

a volatile organic compound that exerts a vapor pressure 

greater than 2 mm Hg and less than or equal to 80 mm Hg 

when measured at 20oC.

"Metal polish or cleanser" means a product designed 

primarily to improve the appearance of finished metal, 

metallic, or metallized surfaces by physical or chemical 

action. To "improve the appearance" means to remove or 

reduce stains, impurities, or oxidation from surfaces or to 

make surfaces smooth and shiny. Metal polish or cleanser 

includes, but is not limited to, metal polishes used on brass, 

silver, chrome, copper, stainless steel, and other ornamental 

metals. Metal polish or cleanser does not include automotive 

wax, polish, sealant, or glaze, wheel cleaner, paint remover or 

stripper, products designed and labeled exclusively for 

automotive and marine detailing, or products designed for use 

in degreasing tanks.

"Missing data days" means the number of days in a 

compliance period for which the responsible ACP party has 

failed to provide the required enforceable sales or VOC 

content data to the board, as specified in the ACP agreement.

"Mist spray adhesive" means an aerosol that is not a special 

purpose spray adhesive and that delivers a particle or mist 

spray, resulting in the formation of fine, discrete particles that 

yield a generally uniform and smooth application of adhesive 

to the substrate.

"Multipurpose dry lubricant" means a lubricant that is:

1. Designed and labeled to provide lubricity by depositing 

a thin film of graphite, molybdenum disulfide ("moly"), or 

polytetrafluoroethylene or closely related fluoropolymer 

("teflon") on surfaces; and

2. Designed for general purpose lubrication, or for use in a 

wide variety of applications.

"Multipurpose lubricant" means a lubricant designed for 

general purpose lubrication, or for use in a wide variety of 

applications. Multipurpose lubricant does not include 

multipurpose dry lubricants, penetrants, or silicone-based 

multipurpose lubricants.

"Multipurpose solvent" means an organic liquid designed to 

be used for a variety of purposes, including cleaning or 

degreasing of a variety of substrates, or thinning, dispersing, 

or dissolving other organic materials. Multipurpose solvent 

includes solvents used in institutional facilities, except for 

laboratory reagents used in analytical, educational, research, 

scientific, or other laboratories. Multipurpose solvent does 

not include solvents used in cold cleaners, vapor degreasers, 

conveyorized degreasers or film cleaning machines, or 

solvents that are incorporated into, or used exclusively in the 

manufacture or construction of, the goods or commodities at 

the site of the establishment.

"Nail polish" means a clear or colored coating designed for 

application to the fingernails or toenails and including but not 

limited to, lacquers, enamels, acrylics, base coats, and top 

coats.

"Nail polish remover" means a product designed to remove 

nail polish and coatings from fingernails or toenails.

"Nonaerosol product" means a consumer product that is not 

dispensed by a pressurized spray system.

"Noncarbon containing compound" means a compound that 

does not contain carbon atoms.

"Nonresilient flooring" means flooring of a mineral content 

that is not flexible. Nonresilient flooring includes but is not 

limited to terrazzo, marble, slate, granite, brick, stone, 

ceramic tile, and concrete.

"Nonselective terrestrial herbicide" means a terrestrial 

herbicide product that is toxic to plants without regard to 

species.

"One-product business" means a responsible ACP party that 

sells, supplies, offers for sale, or manufactures for use in the 

applicable volatile organic compound emissions control areas 

designated in 9VAC5-45-400:

1. Only one distinct ACP product, sold under one product 

brand name, which is subject to the requirements of 

9VAC5-45-430; or

2. Only one distinct ACP product line subject to the 

requirements of 9VAC5-45-430, in which all the ACP 

products belong to the same product category and the VOC 

contents in the products are within 98.0% and 102.0% of 

the arithmetic mean of the VOC contents over the entire 

product line.

"Oven cleaner" means a cleaning product designed to clean 

and to remove dried food deposits from oven walls.

"Paint" means a pigmented liquid, liquefiable, or mastic 

composition designed for application to a substrate in a thin 

layer that is converted to an opaque solid film after 

application and is used for protection, decoration or 

identification, or to serve some functional purpose such as the 

filling or concealing of surface irregularities or the 

modification of light and heat radiation characteristics.

"Paint remover or stripper" means a product designed to 

strip or remove paints or other related coatings, by chemical 

action, from a substrate without markedly affecting the 

substrate. Paint remover or stripper does not include 

multipurpose solvents, paint brush cleaners, products 

designed and labeled exclusively as graffiti removers, and 
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hand cleaner products that claim to remove paints and other 

related coatings from skin.

"Penetrant" means a lubricant designed and labeled 

primarily to loosen metal parts that have bonded together due 

to rusting, oxidation, or other causes. Penetrant does not 

include multipurpose lubricants that claim to have penetrating 

qualities but are not labeled primarily to loosen bonded parts.

"Personal fragrance product" means any product that is 

applied to the human body or clothing for the primary 

purpose of adding a scent or masking a malodor, including 

cologne, perfume, aftershave, and toilet water. Personal 

fragrance product does not include: (i) deodorant; (ii) 

medicated products designed primarily to alleviate fungal or 

bacterial growth on feet or other areas of the body; (iii) 

mouthwashes, breath fresheners and deodorizers; (iv) lotions, 

moisturizers, powders or other skin care products used 

primarily to alleviate skin conditions such as dryness and 

irritations; (v) products designed exclusively for use on 

human genitalia; (vi) soaps, shampoos, and products 

primarily used to clean the human body; and (vii) fragrance 

products designed to be used exclusively on nonhuman 

animals.

"Pesticide" means and includes a substance or mixture of 

substances labeled, designed, or intended for use in 

preventing, destroying, repelling, or mitigating a pest, or a 

substance or mixture of substances labeled, designed, or 

intended for use as a defoliant, desiccant, or plant regulator, 

provided that the term "pesticide" will not include a 

substance, mixture of substances, or device that the U.S. 

Environmental Protection Agency does not consider to be a 

pesticide.

"Pre-ACP VOC content" means the lowest VOC content of 

an ACP product between January 1, 1990, and the date on 

which the application for a proposed ACP is submitted to the 

board, based on the data obtained from accurate records 

available to the board that yields the lowest VOC content for 

the product.

"Pressurized gas duster" means a pressurized product 

labeled to remove dust from a surface solely by means of 

mass air or gas flow, including surfaces such as photographs, 

photographic film negatives, computer keyboards, and other 

types of surfaces that cannot be cleaned with solvents. 

Pressurized gas duster does not include dusting aids.

"Principal display panel" means that part of a label that is so 

designed as to most likely be displayed, presented, shown, or 

examined under normal and customary conditions of display 

or purchase. Whenever a principal display panel appears more 

than once, all requirements pertaining to the principal display 

panel shall pertain to all such principal display panels.

"Product brand name" means the name of the product 

exactly as it appears on the principal display panel of the 

product.

"Product category" means the applicable category that best 

describes the product as listed in this section and in Table 45-

4A in 9VAC5-45-430 A.

"Product form," for the purpose of complying with 9VAC5-

45-510 (notification, records and reporting) only, means the 

applicable form that most accurately describes the product's 

dispensing form as follows:

A = Aerosol Product.

S = Solid.

P = Pump Spray.

L = Liquid.

SS = Semisolid.

O = Other.

"Product line" means a group of products of identical form 

and function belonging to the same product category.

"Propellant" means a liquefied or compressed gas that is 

used in whole or in part, such as a cosolvent, to expel a liquid 

or other material from the same self-pressurized container or 

from a separate container.

"Pump spray" means a packaging system in which the 

product ingredients within the container are not under 

pressure and in which the product is expelled only while a 

pumping action is applied to a button, trigger, or other 

actuator.

"Reconcile" or "reconciliation" means to provide sufficient 

VOC emission reductions to completely offset shortfalls 

generated under the ACP during an applicable compliance 

period.

"Reconciliation of shortfalls plan" means the plan to be 

implemented by the responsible ACP party when shortfalls 

have occurred, as approved by the board pursuant to 9VAC5-

45-440 B 1 g (10).

"Responsible 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. 
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"Roll-on product" means an antiperspirant or deodorant that 

dispenses active ingredients by rolling a wetted ball or wetted 

cylinder on the affected area.

"Rubber and vinyl protectant" means a product designed to 

protect, preserve, or renew vinyl, rubber, and plastic on 

vehicles, tires, luggage, furniture, and household products 

such as vinyl covers, clothing, and accessories. Rubber and 

vinyl protectant does not include products primarily designed 

to clean the wheel rim, such as aluminum or magnesium 

wheel cleaners, and tire cleaners that do not leave an 

appearance-enhancing or protective substance on the tire.

"Rubbing alcohol" means a product containing isopropyl 

alcohol (also called isopropanol) or denatured ethanol and 

labeled for topical use, usually to decrease germs in minor 

cuts and scrapes, to relieve minor muscle aches, as a 

rubefacient, and for massage.

"Sealant and caulking compound" means a product with 

adhesive properties that is designed to fill, seal, waterproof, 

or weatherproof gaps or joints between two surfaces. Sealant 

and caulking compound does not include roof cements and 

roof sealants; insulating foams; removable caulking 

compounds; clear or paintable or water resistant caulking 

compounds; floor seam sealers; products designed 

exclusively for automotive uses; or sealers that are applied as 

continuous coatings. Sealant and caulking compound also 

does not include units of product, less packaging, which 

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

ounces. For the purposes of this definition only, "removable 

caulking 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 fillers or pigments, transmits most or all visible light 

through the caulk when cured, is paintable, and is 

immediately resistant to precipitation upon application.

"Semisolid" means a product that, at room temperature, will 

not pour, but will spread or deform easily, including, but not 

limited to gels, pastes, and greases.

"Shaving cream" means an aerosol product that dispenses a 

foam lather intended to be used with a blade or cartridge razor 

or other wet-shaving system, in the removal of facial or other 

bodily hair. Shaving cream does not include shaving gel.

"Shaving gel" means an aerosol product that dispenses a 

post-foaming semisolid designed to be used with a blade, 

cartridge razor, or other shaving system in the removal of 

facial or other bodily hair. Shaving gel does not include 

shaving cream.

"Shortfall" means the ACP emissions minus the ACP limit 

when the ACP emissions were greater than the ACP limit 

during a specified compliance period, expressed to the nearest 

pound of VOC. Shortfall does not include emissions 

occurring prior to the date that the ACP agreement approving 

an ACP is signed by the board.

"Silicone-based multipurpose lubricant" means a lubricant 

that is:

1. Designed and labeled to provide lubricity primarily 

through the use of silicone compounds including, but not 

limited to, polydimethylsiloxane; and

2. Designed and labeled for general purpose lubrication, or 

for use in a wide variety of applications.

Silicone-based multipurpose lubricant does not include 

products designed and labeled exclusively to release 

manufactured products from molds.

"Single phase aerosol air freshener" means an aerosol air 

freshener with the liquid contents in a single homogeneous 

phase and that does not require that the product container be 

shaken before use.

"Small business" means any stationary source that is owned 

or operated by a person that employs 100 or fewer 

individuals; is a small business concern as defined in the 

federal Small Business Act; is not a major stationary source; 

does not emit 50 tons or more per year of any regulated 

pollutant; and emits less than 75 tons per year of all regulated 

pollutants.

"Solid" means a substance or mixture of substances that, 

either whole or subdivided (such as the particles composing a 

powder), is not capable of visually detectable flow as 

determined under ASTM "Standard Test Method for 

Determining Whether a Material is a Liquid or a Solid" (see 

9VAC5-20-21).

"Special purpose spray adhesive" means an aerosol adhesive 

that meets any of the following definitions:

1. "Mounting adhesive" means an aerosol adhesive 

designed to permanently mount photographs, artwork, or 

other drawn or printed media to a backing (paper, board, 

cloth, etc.) without causing discoloration to the artwork.

2. "Flexible vinyl adhesive" means an aerosol adhesive 

designed to bond flexible vinyl to substrates. "Flexible 

vinyl" means a nonrigid polyvinyl chloride plastic with at 

least 5.0%, by weight, of plasticizer content. A plasticizer 

is a material, such as a high boiling point organic solvent, 

that is incorporated into a plastic to increase its flexibility, 

workability, or distensibility, and may be determined using 

ASTM "Standard Practice for Packed Column Gas 

Chromatography" (see 9VAC5-20-21) or from product 

formulation data.

3. "Polystyrene foam adhesive" means an aerosol adhesive 

designed to bond polystyrene foam to substrates.

4. "Automobile headliner adhesive" means an aerosol 

adhesive designed to bond together layers in motor vehicle 

headliners.

5. "Polyolefin adhesive" means an aerosol adhesive 

designed to bond polyolefins to substrates.

6. "Laminate repair or edgebanding adhesive" means an 

aerosol adhesive designed for:
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a. The touch-up or repair of items laminated with high 

pressure laminates (e.g., lifted edges, delaminates, etc.); 

or

b. The touch-up, repair, or attachment of edgebonding 

materials, including but not limited to, other laminates, 

synthetic marble, veneers, wood molding, and decorative 

metals.

For the purposes of this definition, "high pressure 

laminate" means sheet materials that consist of paper, 

fabric, or other core material that have been laminated at 

temperatures exceeding 265°F and at pressures between 

1,000 and 1,400 psi.

7. "Automotive engine compartment adhesive" means an 

aerosol adhesive designed for use in motor vehicle underthe-hood applications that require oil and plasticizer 

resistance, as well as high shear strength, at temperatures 

of 200-275°F.

"Spot remover" means a product labeled to clean localized 

areas or remove localized spots or stains on cloth or fabric, 

such as drapes, carpets, upholstery, and clothing, that does 

not require subsequent laundering to achieve stain removal. 

Spot remover does not include dry cleaning fluid, laundry 

prewash, or multipurpose solvent.

"Spray buff product" means a product designed to restore a 

worn floor finish in conjunction with a floor buffing machine 

and special pad.

"Stick product" means an antiperspirant or a deodorant that 

contains active ingredients in a solid matrix form, and that 

dispenses the active ingredients by frictional action on the 

affected area.

"Structural waterproof adhesive" means an adhesive whose 

bond lines are resistant to conditions of continuous immersion 

in fresh or salt water and that conforms with the definition in 

the federal consumer products regulation, 40 CFR 59 Subpart 

C.

"Surplus reduction" means the ACP limit minus the ACP 

emissions when the ACP limit was greater than the ACP 

emissions during a given compliance period, expressed to the 

nearest pound of VOC. Except as provided in 9VAC5-45-440 

F 3, surplus reduction does not include emissions occurring 

prior to the date that the ACP agreement approving an ACP is 

signed by the board.

"Surplus trading" means the buying, selling, or transfer of 

surplus reductions between responsible ACP parties.

"Terrestrial" means to live on or grow from land.

"Tire sealant and inflator" means a pressurized product that 

is designed to temporarily inflate and seal a leaking tire.

"Toilet/urinal care product" means any product designed or 

labeled to clean or to deodorize toilet bowls, toilet tanks, or 

urinals. Toilet bowls, toilet tanks, or urinals includes, but is 

not limited to, toilets or urinals connected to permanent 

plumbing in buildings and other structures, portable toilets or 

urinals placed at temporary or remote locations, and toilet or 

urinals in vehicles such as buses, recreational motor homes, 

boats, ships, and aircraft. Toilet/urinal care product does not 

include bathroom and tile cleaner or general purpose cleaner.

"Total maximum historical emissions" or "TMHE" means 

the total VOC emissions from all ACP products for which the 

responsible ACP party has failed to submit the required VOC 

content or enforceable sales records. The TMHE shall be 

calculated for each ACP product during each portion of a 

compliance period for which the responsible ACP party has 

failed to provide the required VOC content or enforceable 

sales records. The TMHE shall be expressed to the nearest 

pound and calculated according to the following calculation:

where:

Highest VOC content = the maximum VOC content that 

the ACP product has contained in the previous five years, 

if the responsible ACP party has failed to meet the 

requirements for reporting VOC content data (for any 

portion of the compliance period), as specified in the ACP 

agreement approving the ACP, or the current actual VOC 

content, if the responsible ACP party has provided all 

required VOC Content data (for the entire compliance 

period), as specified in the ACP agreement.

Highest sales = the maximum one-year gross sales of the 

ACP product in the previous five years, if the responsible 

ACP party has failed to meet the requirements for 

reporting enforceable sales records (for any portion of the 

compliance period), as specified in the ACP agreement 

approving the ACP, or the current actual one-year 

enforceable sales for the product, if the responsible ACP 

party has provided all required enforceable sales records 

(for the entire compliance period), as specified in the ACP 

agreement approving the ACP.

Missing data days = (see definition in this section).

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

N, for which the responsible ACP party has failed to 

submit the required enforceable sales or VOC content data 

as specified in the ACP agreement.

"Type A propellant" means a compressed gas such as CO2, 

N2, N2O, or compressed air that is used as a propellant and is 

either incorporated with the product or contained in a separate 

chamber within the product's packaging.

"Type B propellant" means a halocarbon that is used as a 

propellant including chlorofluorocarbons (CFCs), 

hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons 

(HFCs).
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"Type C propellant" means a propellant that is not a Type A 

or Type B propellant, including propane, isobutane, n-butane, 

and dimethyl ether (also known as dimethyl oxide).

"Undercoating" means an aerosol product designed to impart 

a protective, nonpaint layer to the undercarriage, trunk 

interior, or firewall of motor vehicles to prevent the formation 

of rust or to deaden sound. Undercoating includes, but is not 

limited to, rubberized, mastic, or asphaltic products.

"Usage directions" means the text or graphics on the 

product's principal display panel, label, or accompanying 

literature that describes to the end user how and in what 

quantity the product is to be used.

"Vinyl/fabric/leather/polycarbonate coating" means a 

coating designed and labeled exclusively to coat vinyl, fabric, 

leather, or polycarbonate substrates.

"VOC content" means, except for charcoal lighter products, 

the total weight of VOC in a product expressed as a 

percentage of the product weight (exclusive of the container 

or packaging), as determined pursuant to 9VAC5-45-490 B 

and C.

For charcoal lighter material products only,

where:

Certified emissions = (see definition in this section).

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

"Volatile organic compound" or "VOC" means volatile 

organic compound as defined in 9VAC5-10-20.

"Wasp and hornet insecticide" means an insecticide product 

that is designed for use against wasps, hornets, yellow jackets 

or bees by allowing the user to spray from a distance a 

directed stream or burst at the intended insects or their hiding 

place.

"Waterproofer" means a product designed and labeled 

exclusively to repel water from fabric or leather substrates. 

Waterproofer does not include fabric protectants.

"Wax" means a material or synthetic thermoplastic 

substance generally of high molecular weight hydrocarbons 

or high molecular weight esters of fatty acids or alcohols, 

except glycerol and high polymers (plastics). Wax includes, 

but is not limited to, substances derived from the secretions of 

plants and animals such as carnauba wax and beeswax, 

substances of a mineral origin such as ozocerite and paraffin, 

and synthetic polymers such as polyethylene.

"Web spray adhesive" means an aerosol adhesive that is not 

a mist spray or special purpose spray adhesive.

"Wood cleaner" means a product labeled to clean wooden 

materials including but not limited to decking, fences, 

flooring, logs, cabinetry, and furniture. Wood cleaner does 

not include dusting aids, general purpose cleaners, furniture 

maintenance products, floor wax strippers, floor polish or 

waxes, or products designed and labeled exclusively to 

preserve or color wood.

"Wood floor wax" means wax-based products for use solely 

on wood floors.

"Working day" means a day between Monday through 

Friday, inclusive, except for federal holidays.

9VAC5-45-430. Standard for volatile organic compounds.

A. Except as provided in 9VAC5-45-410, 9VAC5-45-440,

and 9VAC5-45-450, no owner or other person shall (i) sell, 

supply, or offer for sale a consumer product manufactured on 

or after [ 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 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
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General purpose contact 

adhesive: 

55%

Special purpose contact 

adhesive: 

80%

Construction, panel, and floor 

covering adhesive: 

15%

General purpose adhesive: 10%

Structural waterproof adhesive: 15%

Air fresheners

Single-phase aerosol: 30%

Double-phase aerosol: 25%

Liquid/Pump spray: 18%

Solid/Semisolid: 3%

Antiperspirants

Aerosol: 40% HVOC,

10% MVOC

Nonaerosol: 0% HVOC, 

0% MVOC

Anti-static product, nonaerosol: 11%

Automotive brake cleaner: 45%

Automotive rubbing or polishing 

compound: 

17%

Automotive wax, polish, sealant, or glaze

Hard paste wax: 45%

Instant detailer: 3%

All other forms: 15%

Automotive windshield washer fluid: 35%

Bathroom and tile cleaners

Aerosol: 7%

All other forms: 5%

Bug and tar remover: 40%

Carburetor or fuel-injection air intake 

cleaner:

45%

Carpet and upholstery cleaners

Aerosol: 7%

Nonaerosol (dilutable): 0.1%

Nonaerosol (ready-to-use): 3.0%

Charcoal lighter material: See 

subsection

E of this

section.

Cooking spray, aerosol: 18%

Deodorants

Aerosol: 0% HVOC,

10% MVOC

Nonaerosol: 0% HVOC,

0% MVOC

Dusting aids

Aerosol: 25%

All other forms: 7%

Electrical cleaner 45%

Electronic cleaner 75%

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%
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3744

paste:

General purpose cleaners

Aerosol: 10%

Nonaerosol: 4%

General purpose degreasers

Aerosol: 50%

Nonaerosol: 4%

Glass cleaners

Aerosol: 12%

Nonaerosol: 4%

Graffiti removers

Aerosol: 50%

Nonaerosol: 30%

Hair mousse: 6%

Hair shine: 55%

Hair spray: 55%

Hair styling products

Aerosol and pump spray: 6%

All other forms: 2%

Heavy-duty hand cleaner or soap: 8%

Insecticides

Crawling bug (aerosol): 15%

Crawling bug (all other forms): 20%

Flea and tick: 25%

Flying bug (aerosol): 25%

Flying bug (all other forms): 35%

Fogger: 45%

Lawn and garden (all other forms): 20%

Lawn and garden (nonaerosol): 3%

Wasp and hornet: 40%

Laundry prewash

Aerosol/Solid: 22%

All other forms: 5%

Laundry starch product: 5%

Metal polish or cleanser: 30%

Multipurpose lubricant (excluding solid 

or semi-solid products):

50%

Nail polish remover: 75%

Nonselective terrestrial herbicide, 

nonaerosol: 

3%

Oven cleaners

Aerosol/Pump spray: 8%

Liquid: 5%

Paint remover or stripper: 50%

Penetrant: 50%

Rubber and vinyl protectants

Nonaerosol: 3%

Aerosol: 10%

Sealant and caulking compound: 4%

Shaving cream: 5%

Shaving gel: 7%

Silicone-based multipurpose lubricant 

(excluding solid or semi-solid products): 

60%

Spot removers

Aerosol: 25%

Nonaerosol: 8%

Tire sealant and inflator: 20%

Toile/urinal care products

Aerosol: 10%

Nonaerosol: 3%

Undercoating, aerosol: 40%

Wood cleaners

Aerosol: 17%

Nonaerosol: 4%

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

or manufacture for sale an antiperspirant or a deodorant that 

contains a compound that has been defined as a toxic 

pollutant in 9VAC5-60-210 C.

C. Provisions follow concerning products that are diluted 

prior to use.

1. For consumer products for which the label, packaging, 

or accompanying literature specifically states that the 
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product should be diluted with water or non-VOC solvent 

prior to use, the limits specified in Table 45-4A shall apply 

to the product only after the minimum recommended 

dilution has taken place. For purposes of this subsection, 

"minimum recommended dilution" shall not include 

recommendations for incidental use of a concentrated 

product to deal with limited special applications such as

hard-to-remove soils or stains.

2. For consumer products for which the label, packaging, 

or accompanying literature states that the product should 

be diluted with a VOC solvent prior to use, the limits 

specified in Table 45-4A shall apply to the product only 

after the maximum recommended dilution has taken place.

D. For those consumer products that are registered under 

FIFRA, the effective date of the VOC standards in Table 45-

4A shall be [ 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 

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 it has been issued a currently effective 

certification by CARB under the Consumer Products 

provisions under Subchapter 8.5, Article 2, § 94509(h), 

of Title 17 of the California Code of Regulations (see 

9VAC5-20-21). This certification remains in effect for as 

long as the CARB certification remains in effect. A 

manufacturer claiming such a certification on this basis 

must submit to the board a copy of the certification 

decision (i.e., the executive order), including all 

conditions established by CARB applicable to the 

certification.

b. The manufacturer or distributor of the charcoal lighter 

material has been issued a currently effective 

certification pursuant to subdivision 2 of this subsection.

c. The charcoal lighter material meets the formulation 

criteria and other conditions specified in the applicable 

ACP agreement issued pursuant to subdivision 2 of this 

subsection.

d. The product usage directions for the charcoal lighter 

material are the same as those provided to the board 

pursuant to subdivision 2 c of this subsection.

2. Provisions follow concerning certification requirements.

a. No charcoal lighter material formulation shall be 

certified under this subdivision unless the applicant for 

certification demonstrates to the board's satisfaction that 

the VOC emissions from the ignition of charcoal with the 

charcoal lighter material are less than or equal to 0.020 

pound of VOC per start, using the procedures specified in 

the South Coast Air Quality Management District Rule 

1174 Ignition Method Compliance Certification Protocol 

(see 9VAC5-20-21). The provisions relating to LVPVOC in 9VAC5-45-410 F and 9VAC5-45-420 C shall 

not apply to a charcoal lighter material subject to the 

requirements of 9VAC5-45-430 A and this subsection.

b. The board may approve alternative test procedures that 

are shown to provide equivalent results to those obtained 

using the South Coast Air Quality Management District 

Rule 1174 Ignition Method Compliance Certification 

Protocol (see 9VAC5-20-21).

c. A manufacturer or distributor of charcoal lighter 

material may apply to the board for certification of a 

charcoal lighter material formulation in accordance with 

this subdivision. The application shall be in writing and 

shall include, at a minimum, the following:

(1) The results of testing conducted pursuant to the 

procedures specified in South Coast Air Quality 

Management District Rule 1174 Testing Protocol (see 

9VAC5-20-21); and

(2) The exact text or graphics that will appear on the 

charcoal lighter material's principal display panel, label, 

or accompanying literature. The provided material shall 

clearly show the usage directions for the product. These 

directions shall accurately reflect the quantity of charcoal 

lighter material per pound of charcoal that was used in 

the South Coast Air Quality Management District Rule 

1174 Testing Protocol (see 9VAC5-20-21) for that 

product, unless:

(a) The charcoal lighter material is intended to be used in 

fixed amounts independent of the amount of charcoal 

used, such as certain paraffin cubes, or

(b) The charcoal lighter material is already incorporated 

into the charcoal, such as certain "bag light," "instant 

light" or "match light" products.

(3) For a charcoal lighter material that meets the criteria 

specified in subdivision 2 c (2) (a) of this subsection, the 

usage instructions provided to the board will accurately 

reflect the quantity of charcoal lighter material used in

the South Coast Air Quality Management District Rule 

1174 Testing Protocol (see 9VAC5-20-21) for that 

product.

(4) Physical property data, formulation data, or other 

information required by the board for use in determining 

when a product modification has occurred and for use in 

determining compliance with the conditions specified on 

the ACP agreement issued pursuant to subdivision 2 e of 

this subsection.
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d. Within 30 days of receipt of an application, the board 

will advise the applicant in writing either that it is 

complete or that specified additional information is 

required to make it complete. Within 30 days of receipt 

of additional information, the board will advise the 

applicant in writing either that the application is 

complete, or that specified additional information or 

testing is still required before it can be deemed complete.

e. If the board finds that an application meets the 

requirements of subdivision 2 of this subsection, then an 

ACP agreement shall be issued certifying the charcoal 

lighter material formulation and specifying such 

conditions as are necessary to insure that the 

requirements of this subsection are met. The board will 

act on a complete application within 90 days after the 

application is deemed complete.

3. For charcoal lighter material for which certification has 

been granted pursuant to subdivision 2 of this subsection, 

the applicant for certification shall notify the board in 

writing within 30 days of: (i) a change in the usage 

directions, or (ii) a change in product formulation, test 

results, or other information submitted pursuant to 

subdivision 2 of this subsection that may result in VOC 

emissions greater than 0.020 pound of VOC per start.

4. If the board determines that a certified charcoal lighter 

material formulation results in VOC emissions from the 

ignition of charcoal that are greater than 0.020 pound of 

VOC per start, as determined by the South Coast Air 

Quality Management District Rule 1174 Testing Protocol 

(see 9VAC5-20-21) and the statistical analysis procedures 

contained therein, the board will revoke or modify the 

certification as is necessary to assure that the charcoal 

lighter material will result in VOC emissions of less than 

or equal to 0.020 pound of VOC per start. 

F. [ Requirements for Provisions follow concerning ] aerosol 

adhesives.

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

aerosol adhesives, including consumer, industrial, and 

commercial uses. Except as otherwise provided in 9VAC5-

45-410 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 [ 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 specified standard.

2. a. In order to qualify as a "special purpose spray 

adhesive," the product must meet one or more of the 

definitions for special purpose spray adhesive specified in 

9VAC5-45-420 C, but if the product label indicates that the 

product is suitable for use on a substrate or application not 

listed in 9VAC5-45-420 C, then the product shall be 

classified as either a "web spray adhesive" or a "mist spray 

adhesive."

b. If a product meets more than one of the definitions 

specified in 9VAC5-45-420 C for "special purpose spray 

adhesive," and is not classified as a "web spray adhesive" 

or "mist spray adhesive" under subdivision 2 a of this 

subsection, then the VOC limit for the product shall be 

the lowest applicable VOC limit specified in 9VAC5-45-

430 A.

3. No person shall (i) sell, supply, or offer for sale an 

aerosol adhesive manufactured on or after [ 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 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.

H. For a consumer product for which standards are specified 

under subsection A of this section, no owner or other person 

shall sell, supply, offer for sale, or manufacture for sale a 

consumer product that contains any of the following ozonedepleting compounds:

CFC-11 (trichlorofluoromethane), CFC-12 

(dichlorodifluoromethane);

CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane);

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

difluoroethane);

CFC-115 (chloropentafluoroethane), halon 1211 

(bromochlorodifluoromethane);

halon 1301 (bromotrifluoromethane), halon 2402 

(dibromotetrafluoroethane);

HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-

dichloro-1,1,1-trifluoroethane);

HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane);

HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b 

(1-chloro-1,1-difluoroethane);

1,1,1-trichloroethane; or
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carbon tetrachloride.

I. The requirements of subsection H of this section shall not 

apply to an existing product formulation that complies with 

Table 45-4A or an existing product formulation that is 

reformulated to meet Table 45-4A, provided the ozonedepleting compound content of the reformulated product does 

not increase.

J. The requirements of subsection H of this section shall not 

apply to ozone-depleting compounds that may be present as 

impurities in a consumer product in an amount equal to or 

less than 0.01% by weight of the product.

9VAC5-45-440. Alternative control plan (ACP) for 

consumer products.

A. 1. Manufacturers of consumer products may seek an ACP 

agreement in accordance with subsections B through L of this 

section.

2. Only responsible ACP parties for consumer products 

may enter into an ACP agreement under the provisions of 

this section.

B. Provisions follow concerning the requirements and 

process for approval of an ACP.

1. To be considered by the board for approval, an 

application for a proposed ACP shall be submitted in 

writing to the board by the responsible ACP party and shall 

contain all of the following:

a. An identification of the contact persons, phone 

numbers, names, and addresses of the responsible ACP 

party that is submitting the ACP application and will be 

implementing the ACP requirements specified in the 

ACP agreement.

b. A statement of whether the responsible ACP party is a 

small business or a one-product business.

c. A listing of the exact product brand name, form, 

available variations (flavors, scents, colors, sizes, etc.), 

and applicable product category for each distinct ACP 

product that is proposed for inclusion in the ACP. 

d. For each proposed ACP product identified in 

subdivision 1 c of this subsection, a demonstration to the 

satisfaction of the board that the enforceable sales 

records to be used by the responsible ACP party for 

tracking product sales meet the minimum criteria 

specified in subdivision 1 d (5) of this subsection. To 

provide this demonstration, the responsible ACP party 

shall either demonstrate to the satisfaction of the board 

that other records provided to the board in writing by the 

responsible ACP party meet the minimum criteria of 

subdivision 1 d (5) of this subsection for tracking product 

sales of each ACP product, or do all of the following:

(1) Provide the contact persons, phone numbers, names, 

street and mail addresses of all persons and businesses 

who will provide information that will be used to 

determine the enforceable sales;

(2) Determine the enforceable sales of each product using 

enforceable sales records;

(3) Demonstrate, to the satisfaction of the board, the 

validity of the enforceable sales based on enforceable 

sales records provided by the contact persons or the 

responsible ACP party;

(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 content for each product. 

The VOC content and LVP content shall be reported for 

two different periods as follows:

(a) The VOC and LVP contents of the product at the time 

the application for an ACP is submitted, and

(b) The VOC and LVP contents of the product that were 

used at any time within the four years prior to the date of 

submittal of the application for an ACP if either the VOC 

or LVP contents have varied by more than plus or minus 

10% of the VOC or LVP contents reported in subdivision 

1 e (2) (a) of this subsection.

f. A written commitment obligating the responsible ACP 

party to date-code every unit of each ACP product 

approved for inclusion in the ACP. The commitment 

shall require the responsible ACP party to display the 

date-code on each ACP product container or package no 

later than five working days after the date an ACP 

agreement approving an ACP is signed by the board.

g. An operational plan covering all the products 

identified under subdivision 1 d (5) of this subsection for 

each compliance period that the ACP will be in effect. 

The operational plan shall contain all of the following:

(1) An identification of the compliance periods and dates 

for the responsible ACP party to report the information 

required by the board in the ACP agreement approving 

an ACP. The length of the compliance period shall be 

chosen by the responsible ACP party (not to exceed 365 

days). The responsible ACP party shall also choose the 

dates for reporting information such that all required 

VOC content and enforceable sales data for all ACP 

products shall be reported to the board at the same time 

and at the same frequency.

(2) An identification of specific enforceable sales records 

to be provided to the board for enforcing the provisions 

of this article and the ACP agreement approving an ACP. 

The enforceable sales records shall be provided to the 
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board no later than the compliance period dates specified 

in subdivision 1 g (1) of this subsection.

(3) For a small business or a one-product business that 

will be relying to some extent on surplus trading to meet 

its ACP limits, a written commitment from the 

responsible ACP party that they will transfer the surplus 

reductions to the small business or one-product business 

upon approval of the ACP.

(4) For each ACP product, all VOC content levels that 

will be applicable for the ACP product during each 

compliance period. The plan shall also identify the 

specific method by which the VOC content will be 

determined and the statistical accuracy and precision 

(repeatability and reproducibility) will be calculated for 

each specified method.

(5) The projected enforceable sales for each ACP product 

at each different VOC content for every compliance 

period that the ACP will be in effect.

(6) A detailed demonstration showing the combination of 

specific ACP reformulations or surplus trading (if 

applicable) that is sufficient to ensure that the ACP 

emissions will not exceed the ACP limit for each 

compliance period that the ACP will be in effect, the 

approximate date within each compliance period that 

such reformulations or surplus trading are expected to 

occur, and the extent to which the VOC contents of the 

ACP products will be reduced (i.e., by ACP 

reformulation). This demonstration shall use the 

equations specified in 9VAC5-45-420 C for projecting 

the ACP emissions and ACP limits during each 

compliance period. This demonstration shall also include 

all VOC content levels and projected enforceable sales 

for all ACP products to be sold during each compliance 

period.

(7) A certification that all reductions in the VOC content 

of a product will be real, actual reductions that do not 

result from changing product names, mischaracterizing 

ACP product reformulations that have occurred in the 

past, or other attempts to circumvent the provisions of 

this article.

(8) Written explanations of the date-codes that will be 

displayed on each ACP product's container or packaging.

(9) A statement of the approximate dates by which the 

responsible ACP party plans to meet the applicable ACP 

VOC standards for each product in the ACP. 

(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 shortfalls were 

reconciled as specified in this subsection; and

(c) A commitment to provide a record or information 

requested by the board to verify that the shortfalls have 

been completely reconciled.

h. A declaration, signed by a legal representative for the 

responsible ACP party, that states that all information 

and operational plans submitted with the ACP 

application are true and correct.

2. a. In accordance with the time periods specified in 

subsection C of this section, the board will issue an ACP 

agreement approving an ACP that meets the requirements 

of this article. The board will specify such terms and 

conditions as are necessary to ensure that the emissions 

from the ACP products do not exceed the emissions that 

would have occurred if the ACP products subject to the 

ACP had met the VOC standards specified in 9VAC5-45-

430 A. The ACP shall also include:

(1) Only those ACP products for which the enforceable 

sales are at least 75% of the gross sales as determined in 

subdivision 1 d (5) of this subsection;

(2) A reconciliation of shortfalls plan meeting the 

requirements of this article; and 

(3) Operational terms, conditions, and data to be reported 

to the board to ensure that all requirements of this article 

are met.

b. The board will not approve an ACP submitted by a 

responsible ACP party if the board determines, upon 

review of the responsible ACP party's compliance history 

with past or current ACPs or the requirements for 

consumer products in this article, that the responsible 

ACP party has a recurring pattern of violations and has 

consistently refused to take the necessary steps to correct 

those violations.

C. Provisions follow concerning ACP approval time frames.

1. The board will take appropriate action on an ACP within 

the following time periods:

a. Within 30 working days of receipt of an ACP 

application, the board will inform the applicant in writing 

that either:

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

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

information required to make the application complete.

b. Within 30 working days of receipt of additional 

information provided in response to a determination that 

an ACP application is deficient, the board will inform the 

applicant in writing that either:
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(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 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 period 

of the VOC content specified for an ACP product in the 

ACP agreement approving an ACP shall constitute a 

single, separate violation of the requirements of this article 

for each ACP product that exceeds the specified VOC 

content that is sold, supplied, offered for sale, or 

manufactured for use.

4. Any of the following actions shall each constitute a 

single, separate violation of the requirements of this article 

for each day after the applicable deadline until the 

requirement is satisfied:

a. Failure to report data or failure to report data 

accurately in writing to the board regarding the VOC 

content, LVP content, enforceable sales, or other 

information required by the deadline specified in the 

applicable ACP agreement;

b. False reporting of information submitted to the board 

for determining compliance with the ACP requirements;

c. Failure to completely implement the reconciliation of 

shortfalls plan that is set forth in the ACP agreement 

within 30 working days from the date of written 

notification of a shortfall by the board; or

d. Failure to completely reconcile the shortfall as 

specified in the ACP agreement within 90 working days 

from the date of written notification of a shortfall by the 

board.

5. False reporting or failure to report any of the 

information specified in subdivision F 2 i of this section or 

the sale or transfer of invalid surplus reductions shall 

constitute a single, separate violation of the requirements 

of this article for each day during the time period for which 

the surplus reductions are claimed to be valid.

6. Except as provided in subdivision 7 of this subsection, 

an exceedance of the ACP limit for a compliance period 

that the ACP is in effect shall constitute a single, separate 

violation of the requirements of this article for each day of 

the applicable compliance period. The board will 

determine whether an exceedance of the ACP limit has 

occurred as follows:

a. If the responsible ACP party has provided all required 

information for the applicable compliance period 

specified in the ACP agreement approving an ACP, then 

the board will determine whether an exceedance has 

occurred using the enforceable sales records and VOC 

content for each ACP product as reported by the 

responsible ACP party for the applicable compliance 

period.

b. If the responsible ACP party has failed to provide all 

the required information specified in the ACP agreement 

for an applicable compliance period, the board will 

determine whether an exceedance of the ACP limit has 

occurred as follows:

(1) For the missing data days, the board will calculate the 

total maximum historical emissions as specified in 

9VAC5-45-420 C.

(2) For the remaining portion of the compliance period 

that are not missing data days, the board will calculate 

the emissions for each ACP product using the 
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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 applicable to 

each ACP product and the enforceable sales records 

specified in subdivision 6 b (2) of this subsection. The 

enforceable sales for each ACP product during missing 

data days, as specified in subdivision 6 b (1) of this 

subsection, shall be zero.

(5) An exceedance of the ACP limit has occurred when 

the ACP emissions, determined pursuant to subdivision 6 

b (3) of this subsection, exceeds the ACP limit, 

determined pursuant to subdivision 6 b (4) of this 

subsection.

7. If a violation specified in subdivision 6 of this 

subsection occurs, the responsible ACP party may, 

pursuant to this subdivision, establish the number of 

violations as calculated according to the following 

equation:

where:

NEV = number of ACP limit violations.

ACP emissions = the ACP emissions for the compliance 

period.

ACP limit = the ACP limit for the compliance period.

40 pounds = number of pounds of emissions equivalent to 

one violation.

The responsible ACP party may determine the number of 

ACP limit violations pursuant to this subdivision only if it 

has provided all required information for the applicable 

compliance period, as specified in the ACP agreement 

approving the ACP. By choosing this option, the 

responsible ACP party waives all legal objections to the 

calculation of the ACP limit violations pursuant to this 

subdivision.

8. A cause of action against a responsible ACP party under 

this section shall be deemed to accrue on the date when the 

records establishing a violation are received by the board.

9. The responsible ACP party is fully liable for compliance 

with the requirements of this article, even if the responsible 

ACP party contracts with or otherwise relies on another 

person to carry out some or all of the requirements of this 

article.

F. Provisions follow concerning surplus reductions and 

surplus trading.

1. The board will issue surplus reduction certificates that 

establish and quantify, to the nearest pound of VOC 

reduced, the surplus reductions achieved by a responsible 

ACP party operating under an ACP. The surplus reductions 

can be bought from, sold to, or transferred to a responsible 

ACP party operating under an ACP, as provided in 

subdivision 2 of this subsection. All surplus reductions 

shall be calculated by the board at the end of each 

compliance period within the time specified in the 

approved ACP. Surplus reduction certificates shall not 

constitute instruments, securities, or another form of 

property.

2. The issuance, use, and trading of all surplus reductions 

shall be subject to the following provisions:

a. For the purposes of this article, VOC reductions from 

sources of VOCs other than consumer products subject to 

the VOC standards specified in 9VAC5-45-430 A may 

not be used to generate surplus reductions .

b. Surplus reductions are valid only when generated by a 

responsible ACP party and only while that responsible 

ACP party is operating under an approved ACP.

c. Surplus reductions are valid only after the board has 

issued an ACP agreement pursuant to subdivision 1 of 

this subsection.

d. Surplus reductions issued by the board may be used by 

the responsible ACP party who generated the surplus 

until the reductions expire, are traded, or until the ACP is 

canceled pursuant to subdivision J 2 of this section.

e. Surplus reductions cannot be applied retroactively to a 

compliance period prior to the compliance period in 

which the reductions were generated.

f. Except as provided in subdivision 2 g (2) of this 

subsection, only small or one-product businesses selling 

products under an approved ACP may purchase surplus 

reductions. An increase in the size of a small business or 

one-product business shall have no effect on surplus 

reductions purchased by that business prior to the date of 

the increase.

g. While valid, surplus reductions can be used only for 

the following purposes:

(1) To adjust the ACP emissions of either the responsible 

ACP party who generated the reductions or the 

responsible ACP party to which the reductions were 

traded, provided the surplus reductions are not to be used 

by a responsible ACP party to further lower its ACP 

emissions when its ACP emissions are equal to or less 

than the ACP limit during the applicable compliance 

period; or

(2) To be traded for the purpose of reconciling another 

responsible ACP party's shortfalls, provided such 

reconciliation is part of the reconciliation of shortfalls 
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plan approved by the board pursuant to subdivision B 1 g 

(10) of this section.

h. A valid surplus reduction shall be in effect starting five 

days after the date of issuance by the board for a 

continuous period equal to the number of days in the 

compliance period during which the surplus reduction 

was generated. The surplus reduction shall then expire at 

the end of its effective period.

i. At least five working days prior to the effective date of 

transfer of surplus reductions, both the responsible ACP 

party that is selling surplus reductions and the 

responsible ACP party that is buying the surplus 

reductions shall, either together or separately, notify the 

board in writing of the transfer. The notification shall 

include all of the following:

(1) The date the transfer is to become effective;.

(2) The date the surplus reductions being traded are due 

to expire;.

(3) The amount (in pounds of VOCs) of surplus 

reductions that are is being transferred;.

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

surplus reductions;.

(5) The contact persons, names of the companies, street 

and mail addresses, and phone numbers of the 

responsible ACP parties involved in the trading of the 

surplus reductions; and.

(6) A copy of the board-issued surplus reductions 

certificate, signed by both the seller and buyer of the 

certificate, showing transfer of all or a specified portion 

of the surplus reductions. The copy shall show the 

amount of any remaining nontraded surplus reductions, if 

applicable, and shall show their expiration date. The copy 

shall indicate that both the buyer and seller of the surplus 

reductions fully understand the conditions and limitations 

placed upon the transfer of the surplus reductions and 

accept full responsibility for the appropriate use of such 

surplus reductions as provided in this section.

j. Surplus reduction credits shall only be traded between 

ACP products.

3. Provisions follow concerning limited-use surplus 

reduction credits for early reformulations of ACP products.

a. For the purposes of this subdivision, "early 

reformulation" means an ACP product that is 

reformulated to result in a reduction in the product's 

VOC content, and that is sold, supplied, or offered for 

sale for the first time during the one-year (365 day) 

period immediately prior to the date on which the 

application for a proposed ACP is submitted to the board. 

Early reformulation does not include reformulated ACP 

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

than one year prior to the date on which the ACP 

application is submitted to the board.

b. If requested in the application for a proposed ACP, the 

board will, upon approval of the ACP, issue surplus 

reduction credits for early reformulation of ACP 

products, provided that all of the following 

documentation has been provided by the responsible 

ACP party to the satisfaction of the board:

(1) Accurate documentation showing that the early 

reformulation reduced the VOC content of the ACP 

product to a level that is below the pre-ACP VOC 

content of the product or below the applicable VOC 

standard specified in 9VAC 5-45-430 A, whichever is the 

lesser of the two;

(2) Accurate documentation demonstrating that the early 

reformulated ACP product was sold in retail outlets 

within the time period specified in subdivision 3 a of this 

subsection;

(3) Accurate sales records for the early reformulated 

ACP product that meet the definition of enforceable sales 

records and that demonstrate that the enforceable sales 

for the ACP product are at least 75% of the gross sales 

for the product, as specified in subdivision B 1 d of this 

section; and 

(4) Accurate documentation for the early reformulated 

ACP product that meets the requirements specified in 

subdivisions B 1 c and d and B 1 g (7) and (8) of this 

section and that identifies the specific test methods for 

verifying the claimed early reformulation and the 

statistical accuracy and precision of the test methods as 

specified in subdivision B 1 g (4) of this section.

c. Surplus reduction credits issued pursuant to this 

subsection shall be calculated separately for each early 

reformulated ACP product by the board according to the 

following equation:

where:

SR = surplus reductions for the ACP product, expressed 

to the nearest pound.

Enforceable sales = the enforceable sales for the early 

reformulated ACP product, expressed to the nearest 

pound of ACP product.

VOC contentinitial = the pre-ACP VOC content of the 

ACP product, or the applicable VOC standard specified 

in 9VAC5-45-430 A, whichever is the lesser of the two, 

expressed to the nearest 0.1 pounds of VOC per 100 

pounds of ACP product.

VOC contentfinal = the VOC content of the early 

reformulated ACP product after the early reformulation 

is achieved, expressed to the nearest 0.1 pounds of VOC 

per 100 pounds of ACP product.
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d. The use of limited use surplus reduction credits issued 

pursuant to this subdivision shall be subject to all of the 

following provisions:

(1) Limited use surplus reduction credits shall be used 

solely to reconcile the responsible ACP party's shortfalls, 

if any, generated during the first compliance period 

occurring immediately after the issuance of the ACP 

agreement approving an ACP, and 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. Provisions follow concerning the reconciliation of 

shortfalls.

1. At the end of each compliance period, the responsible 

ACP party shall make an initial calculation of shortfalls 

occurring in that compliance period as specified in the 

ACP agreement approving the ACP. Upon receipt of this 

information, the board will determine the amount of a 

shortfall that has occurred during the compliance period 

and shall notify the responsible ACP party of this 

determination.

2. The responsible ACP party shall implement the 

reconciliation of shortfalls plan as specified in the ACP 

agreement approving the ACP within 30 working days 

from the date of written notification of a shortfall by the 

board.

3. All shortfalls shall be completely reconciled within 90 

working days from the date of written notification of a 

shortfall by the board by implementing the reconciliation 

of shortfalls plan specified in the ACP agreement 

approving the ACP.

4. All requirements specified in the ACP agreement 

approving an ACP, including all applicable ACP limits, 

shall remain in effect while shortfalls are in the process of 

being reconciled.

H. Provisions follow concerning the notification of 

modifications to an ACP by the responsible ACP party.

1. Board pre-approval is not required for modifications that 

are a change to an ACP product's: (i) product name, (ii) 

product formulation, (iii) product form, (iv) product 

function, (v) applicable product category, (vi) VOC 

content, (vii) LVP content, (viii) date-codes, or (ix) 

recommended product usage directions. The responsible 

ACP party shall notify the board of such changes, in 

writing, no later than 15 working days from the date such a 

change occurs. For each modification, the notification shall 

fully explain the following:

a. The nature of the modification;

b. The extent to which the ACP product formulation, 

VOC content, LVP content, or recommended usage 

directions will be changed;

c. The extent to which the ACP emissions and ACP limit 

specified in the ACP agreement will be changed for the 

applicable compliance period; and

d. The effective date and corresponding date-codes for 

the modification.

2. The responsible ACP party may propose modifications 

to the enforceable sales records or the reconciliation of 

shortfalls plan specified in the ACP agreement approving 

the ACP, however, such modifications require board preapproval. Any such proposed modifications shall be fully 

described in writing and forwarded to the board. The 

responsible ACP party shall clearly demonstrate that the 

proposed modifications will meet the requirements of this 

article. The board will act on the proposed modifications 

using the procedure set forth in subsection C of this 

section. The responsible ACP party shall meet all 

applicable requirements of the existing ACP until such 

time as a proposed modification is approved in writing by 

the board.

3. Except as otherwise provided in subdivisions 1 and 2 of 

this subsection, the responsible ACP party shall notify the 

board, in writing, of information known by the responsible 

ACP party that may alter the information submitted 

pursuant to the requirements of subsection B of this 

section. The responsible ACP party shall provide such 

notification to the board no later than 15 working days 

from the date such information is known to the responsible 

ACP party.

I. Provisions follow concerning the modification of an ACP 

by the board.

1. If the board determines that: (i) the enforceable sales for 

an ACP product are no longer at least 75% of the gross 

sales for that product, (ii) the information submitted 

pursuant to the approval process set forth in subsection C 

of this section is no longer valid, or (iii) the ACP emissions 

are exceeding the ACP limit specified in the ACP 

agreement approving an ACP, then the board will modify 

the ACP as necessary to ensure that the ACP meets all 

requirements of this article and that the ACP emissions 

will not exceed the ACP limit. 

2. If any applicable VOC standards specified in 9VAC5-

45-430 A are modified by the board in a future rulemaking, 

the board will modify the ACP limit specified in the ACP 

agreement approving an ACP to reflect the modified ACP 

VOC standards as of their effective dates.

J. Provisions follow concerning the cancellation of an ACP.

1. An ACP shall remain in effect until:

a. The ACP reaches the expiration date specified in the 

ACP agreement;
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b. The ACP is modified by the responsible ACP party 

and approved by the board as provided in subsection H of 

this section;

c. The ACP is modified by the board as provided in 

subsection I of this section;

d. The ACP includes a product for which the VOC 

standard specified in 9VAC5-45-430 A is modified by 

the board in a future rule-making, and the responsible 

ACP party informs the board in writing that the ACP will 

terminate on the effective date of the modified standard; 

or 

e. The ACP is cancelled pursuant to subdivision 2 of this 

subsection.

2. The board will cancel an ACP if any of the following 

circumstances occur:

a. The responsible ACP party demonstrates to the 

satisfaction of the board that the continuation of the ACP 

will result in an extraordinary economic hardship;.

b. The responsible ACP party violates the requirements 

of the approved ACP, and the violation results in a 

shortfall that is 20% or more of the applicable ACP limit 

(i.e., the ACP emissions exceed the ACP limit by 20% or 

more);.

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 canceled 

pursuant to this section and who does not have a valid ACP 

to immediately replace the canceled ACP shall meet all of 

the following requirements:

a. All remaining shortfalls in effect at the time of ACP 

cancellation shall be reconciled in accordance with the 

requirements of subsection G of this section, and

b. All ACP products subject to the ACP shall be in 

compliance with the applicable VOC standards in 

9VAC5-45-430 A immediately upon the effective date of 

ACP cancellation.

5. Violations incurred pursuant to subsection E of this 

section shall not be cancelled or affected by the subsequent 

cancellation or modification of an ACP pursuant to 

subsection H, I, or J of this section.

K. The information required by subdivisions B 1 a and b and 

F 2 i of this section is public information that may not be 

claimed as confidential. Other information submitted to the 

board to meet the requirements of this section shall be 

available to the public except where the owner makes a 

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

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

which case the information shall be handled in accordance 

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

1314.1 of the Air Pollution Control Law of Virginia.

L. A responsible ACP party may transfer an ACP to another 

responsible ACP party, provided that all of the following 

conditions are met:

1. The board will be notified, in writing, by both 

responsible ACP parties participating in the transfer of the 

ACP and its associated ACP agreement. The written 

notifications shall be postmarked at least five working days 

prior to the effective date of the transfer and shall be 

signed and submitted separately by both responsible 

parties. The written notifications shall clearly identify the 

contact persons, business names, mail and street addresses, 

and phone numbers of the responsible parties involved in 

the transfer.

2. The responsible ACP party to which the ACP is being 

transferred shall provide a written declaration stating that 

the transferee shall fully comply with all requirements of 

the ACP agreement approving the ACP and this article.

M. In approving agreements under subsections B through L 

of this section, the board will take into consideration whether 

the applicant has been granted an ACP by CARB. A 

manufacturer of consumer products that has been granted an 

ACP agreement by the CARB under the provisions in 

Subchapter 8.5, Article 4, Sections 94540-94555, of Title 17 

of the California Code of Regulations (see 9VAC5-20-21) 

may be exempt from Table 45-4A for the period of time that 

the CARB ACP agreement remains in effect provided that all 

ACP products used for emission credits within the CARB 

ACP agreement are contained in Table 45-4A. A 

manufacturer claiming such an ACP agreement on this basis 

must submit to the board a copy of the CARB ACP decision 

(i.e., the executive order), including all conditions established 

by CARB applicable to the exemption and certification that 

the manufacturer will comply with the CARB ACP decision 

for those ACP products in the areas specified in 9VAC5-45-

400 B.

9VAC5-45-460. Administrative requirements.

A. Provisions follow concerning product dating.

1. Each manufacturer of a consumer product subject to 

9VAC5-45-430 shall clearly display on each consumer

product container or package, the day, month, and year on 

which the product was manufactured or a code indicating 

such date.

2. A manufacturer who uses the following code to indicate 

the date of manufacture shall not be subject to the 

requirements of subdivision B 1 of this section, if the code 

is represented separately from other codes on the product 

container so that it is easily recognizable:
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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 or cover) without 

irreversibly disassembling a part of the container or 

packaging. For the purposes of this subdivision, 

information may be displayed on the bottom of a container 

as long as it is clearly legible without removing any 

product packaging.

4. This date or date code shall be displayed on each 

consumer product container or package no later than the 

effective date of the applicable standard specified in 

9VAC5-45-430 A.

5. The requirements of this section shall not apply to 

products containing no VOCs or containing VOCs at 

0.10% by weight or less.

B. Additional provisions follow concerning product dating.

1. If a manufacturer uses a code indicating the date of 

manufacture for a consumer product subject to 9VAC5-45-

430, an explanation of the date portion of the code must be 

filed with the board upon request by the board.

2. If a manufacturer changes any code indicating the date 

of manufacture for any consumer product subject to 

9VAC5-45-430 and the board has requested an explanation 

of any previous product dating code for that consumer 

product, then an explanation of the modified code shall be 

submitted to the board before any products displaying the 

modified code are sold, supplied, or offered for sale within 

the areas designated in 9VAC5-45-400 B.

3. No person shall erase, alter, deface, or otherwise remove 

or make illegible any date or code indicating the date of 

manufacture from any regulated product container without 

the express authorization of the manufacturer.

4. Date code explanations for codes indicating the date of 

manufacture are public information and may not be 

claimed as confidential.

C. Additional provisions follow concerning the most 

restrictive limit that applies to a product.

1. For FIFRA-registered insecticides manufactured before 

[ 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, 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 follow concerning additional labeling 

requirements for aerosol adhesives, adhesive removers, 

electronic cleaner, electrical cleaner, energized electrical 

cleaner, and contact adhesives.

1. In addition to the requirements specified in subsections 

A and C of this section and in 9VAC5-45-510, both the 

manufacturer and responsible party for each aerosol 

adhesive, adhesive remover, electronic cleaner, electrical 

cleaner, energized electrical cleaner, and contact adhesive 

product subject to this article shall ensure that all products 

clearly display the following information on each product 

container that is manufactured on or after the effective date 

for the product category specified in Table 45-4A.

a. The product category as specified in 9VAC5-45-430 A 

or an abbreviation of the category shall be displayed;

b. (1) The applicable VOC standard for the product that 

is specified in 9VAC5-45-430 A, except for energized 

electrical cleaner, expressed as a percentage by weight, 

shall be displayed unless the product is included in an 

alternative control plan approved by the board, as 

provided in 9VAC5-45-440, and the product exceeds the 

applicable VOC standard;

(2) If the product is included in an alternative control 

plan approved by the board, and the product exceeds the 

applicable VOC standard specified in 9VAC5-45-430 A, 

the product shall be labeled with the term "ACP" or 

"ACP product";

c. If the product is classified as a special purpose spray 

adhesive, the applicable substrate or application or an 

abbreviation of the substrate or application that qualifies 

the product as special purpose shall be displayed;

d. If the manufacturer or responsible party uses an 

abbreviation as allowed by this subsection, an 

explanation of the abbreviation must be filed with the 

board before the abbreviation is used.

2. The information required in subdivision 1 of this 

subsection shall be displayed on the product container such 
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that it is readily observable without removing or 

disassembling a portion of the product container or 

packaging. For the purposes of this subsection, information 

may be displayed on the bottom of a container as long as it 

is clearly legible without removing product packaging.

3. No person shall remove, alter, conceal, or deface the 

information required in subdivision 1 of this subsection 

prior to final sale of the product.

9VAC5-45-480. 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 (Notification, records 

and reporting) apply.

B. Upon 90 days written notice, the board may require a 

responsible party to register and report information for a 

consumer product the board may specify, including, but not 

limited to, all or part of the information specified in 

subdivisions 1 through 12 of this subsection. If the 

responsible party does not have or does not provide the 

information requested by the board, the board may require the 

reporting of this information by another owner or other 

person that has the information, including, but not limited to, 

any formulator, manufacturer, supplier, parent company, 

private labeler, distributor, or repackager.

1. The company name of the responsible party and the 

party's address, telephone number, and designated contact 

person.

2. A showing satisfactory to the board under 9VAC5-170-

60 B and C that supports any claim of confidentiality made 

pursuant to 9VAC5-170-60, §§ 10.1-1314 and 10.1-1314.1 

of the Virginia Air Pollution Control Law, and other 

applicable state confidentiality requirements .

3. The product brand name for each consumer product 

subject to registration and, upon request by the board, the 

product label.

4. The product category to which the consumer product 

belongs.

5. The applicable product forms listed separately.

6. An identification of each product brand name and form 

as a "Household Product," "I&I Product," or both.

7. Separate sales in pounds per year, to the nearest pound, 

and the method used to calculate sales for each product 

form.

8. For registrations submitted by two companies, an 

identification of the company that is submitting relevant 

data separate from that submitted by the responsible party. 

All registration information from both companies shall be 

submitted by the date specified in this subsection.

9. For each product brand name and form, the net percent 

by weight of the total product, less container and 

packaging, composed of the following, rounded to the 

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

a. Total exempt compounds.

b. Total LVP-VOCs that are not fragrances.

c. Total all other carbon-containing compounds that are 

not fragrances.

d. Total all noncarbon-containing compounds.

e. Total fragrance.

f. For products containing greater than 2.0% by weight 

fragrance:

(1) The percent of fragrances that are LVP-VOCs; and 

(2) The percent of fragrances that are all other carboncontaining compounds.

g. Total paradichlorobenzene.

10. For each product brand name and form, the identity, 

including the specific chemical name and associated 

Chemical Abstract Services (CAS) number, of the 

following:

a. Each exempt compound; and

b. Each LVP-VOC that is not a fragrance.

11. If applicable, the weight percent composed of 

propellant for each product.

12. If applicable, an identification of the type of propellant.

C. In addition to the requirements of subdivision B 10 of this 

section, the responsible party shall report to the board the net 

percentage by weight of each ozone-depleting compound that 

is:

1. Listed in 9VAC5-45-430 H; and

2. Contained in a product subject to registration under 

subsection B of this section in an amount greater than 1.0% 

by weight.

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 Virginia.

E. Provisions follow concerning special recordkeeping and 

reporting requirements for consumer products that contain 

perchloroethylene or methylene chloride.

1. The requirements of this subsection shall apply to all 

responsible parties for consumer products that are subject 

to 9VAC5-45-430 A and contain perchloroethylene or 
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methylene chloride. For the purposes of this subsection, a 

product contains perchloroethylene or methylene chloride 

if the product contains 1.0% or more by weight (exclusive 

of the container or packaging) of either perchloroethylene 

or methylene chloride.

2. For each consumer product that contains 

perchloroethylene or methylene chloride, the responsible 

party shall keep records of the following information for 

products sold during each calendar year, beginning with 

the year of the applicable compliance date specified in 

9VAC5-45-480, and ending with the year 2010:

a. The product brand name and a copy of the product 

label with legible usage instructions;

b. The product category to which the consumer product 

belongs;

c. The applicable product form, listed separately;

d. For each product form listed in subdivision 2 c of this 

subsection, the total sales during the calendar year, to the 

nearest pound (exclusive of the container or packaging), 

and the method used for calculating sales;

e. The weight percentage, to the nearest 0.10% of 

perchloroethylene and methylene chloride in the 

consumer product;

3. Upon 90 days written notice, the board may require a 

responsible party to report the information specified in 

subdivision 2 of this subsection.

4. Records required by subdivision 2 of this subsection 

shall be maintained by the responsible party for three 

calendar years from the date such records were created.

5. Alternative control plan notifications, records, and 

reporting shall be made as required by 9VAC5-45-440 and 

as required in the ACP agreement.

6. Innovative product notifications, records, and reporting 

shall be made as required by 9VAC5-45-450 and as 

required in the innovative products exemption notification 

letter.

Article 5 

Emission Standards for Architectural and Industrial 

Maintenance Coatings 

9VAC5-45-520. Applicability.

A. Except as provided in 9VAC5-45-530, the provisions of 

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

sells, offers for sale, or manufactures any architectural 

coating for use, as well as any owner or other person who 

applies or solicits the application of any architectural coating.

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

other persons in the Northern Virginia and, Fredericksburg, 

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 is 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 entity. 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 person who supplies, 

sells, offers for sale, or manufactures for sale any adhesive, 

sealant, adhesive primer, or sealant primer that contains 

volatile organic compounds (VOC).

B. Except as provided in 9VAC5-45-630, the provisions of 

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

applies for compensation, solicits the use of, requires the use 

of, or specifies the application of, any adhesive, sealant, 

adhesive primer, or sealant primer that contains volatile 

organic compounds.

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

other persons in the Northern Virginia and, Fredericksburg, 

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 and keeps records demonstrating (i) that the 

adhesive, sealant, adhesive primer or sealant primer is 

intended for shipment and use outside of the volatile organic 

compound emissions control areas designated in 9VAC5-45-

620 C, and (ii) that the manufacturer or distributor has taken 
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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 control areas.

B. The provisions of this article do not apply to the sale or 

use of the following compounds:

1. Adhesives, sealants, adhesive primers or sealant primers 

being tested or evaluated in any research and development, 

quality assurance or analytical laboratory, provided records 

are maintained as required in 9VAC5-45-730 of this 

article;

2. Adhesives, sealants, adhesive primers and sealant 

primers that are subject to standards for volatile organic 

compounds pursuant to Article 3 (9VAC5-45-280 et seq.), 

Article 4 (9VAC5-45-400 et seq.) or Article 5 (9VAC5-45-

520 et seq.) of this part;

3. Adhesives and sealants that contain less than 20 grams 

of VOC per liter of adhesive or sealant, less water and less 

exempt compounds, as applied;

4. Cyanoacrylate adhesives;

5. Adhesives, sealants, adhesive primers or sealant primers 

(except for plastic cement welding adhesives and contact 

adhesives) that are sold or supplied by the manufacturer or 

supplier in containers with a net volume of 16 fluid ounces 

or less, or a net weight of one pound or less; and

6. Contact adhesives that are sold or supplied by the 

manufacturer or supplier in containers with a net volume of 

one gallon or less.

C. The provisions of this article do not apply to the use of 

adhesives, sealants, adhesive primers, sealant primers, surface 

preparation and cleanup solvents as follows:

1. Tire repair operations, provided the label of the adhesive 

states "For tire repair only";

2. Assembly, repair and manufacturing operations for 

aerospace or undersea-based weapon systems;

3. Medical equipment manufacturing operations; and

4. Plaque laminating operations in which adhesives are 

used to bond clear, polyester acetate laminate to wood with 

lamination equipment installed prior to July 1, 1992. Any 

owner or other person claiming exemption pursuant to this 

subdivision shall record and maintain monthly operational 

records sufficient to demonstrate compliance with this 

exemption in accordance with 9VAC5-45-730 of this 

article.

D. Except for the requirements listed in subdivisions 1 and 2 

of this subsection, the provisions of this article do not apply if 

the total VOC emissions from all adhesives, sealants, 

adhesive primers and sealant primers used at the stationary 

source are less than 200 pounds per calendar year, or an 

equivalent volume.

1. The following requirements still apply:

a. 9VAC5-45-620 (Applicability);

b. [ 9VAC5-45-620 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 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 accordance with 9VAC5-45-730 of this article.

E. The provisions of 9VAC5-45-650 B and 9VAC5-45-650 

D do not apply to the use of any adhesives, sealants, adhesive 

primers, sealant primers, cleanup solvents and surface 

preparation solvents, provided that the total volume of 

noncompliant adhesives, sealants, primers, cleanup and 

surface preparation solvents applied facility-wide does not 

exceed 55 gallons per calendar year. Any owner or other 

person claiming exemption pursuant to this subsection shall 

record and maintain monthly operational records sufficient to 

demonstrate compliance with this exemption in accordance 

with 9VAC5-45-730.

F. The provisions of 9VAC5-45-650 A do not apply to the 

sale of any adhesive, sealant, adhesive primer or sealant 

primer to an owner or other person using add-on air pollution 

control equipment pursuant to the provisions of 9VAC5-45-

660 to comply with the requirements of this article, provided 

that the seller makes and keeps records in accordance with 

9VAC5-45-730 E.

9VAC5-45-640. Definitions.

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

the Regulations for the Control and Abatement of Air 

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

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.

"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.
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"Aerosol adhesive" means an adhesive packaged as an 

aerosol product in which the spray mechanism is permanently 

housed in a nonrefillable can designed for handheld 

application without the need for ancillary hoses or spray 

equipment.

"Aerospace component" means for the purposes of this 

article, the fabricated part, assembly of parts or completed 

unit of any aircraft, helicopter, missile, or space vehicle, 

including passenger safety equipment.

"Architectural sealant or primer" means any sealant or 

sealant primer intended by the manufacturer to be applied to 

stationary structures, including mobile homes, and their 

appurtenances. Appurtenances to an architectural structure 

include, but are not limited to, hand railings, cabinets, 

bathroom and kitchen fixtures, fences, rain gutters and 

downspouts, and windows.

"ASTM" means the American Society for Testing and 

Materials.

"Automotive glass adhesive primer" means an adhesive 

primer labeled by the manufacturer to be applied to 

automotive glass prior to installation of the glass using an 

adhesive/sealant. This primer improves the adhesion to pinch 

weld and blocks ultraviolet light.

"CARB" means the California Air Resources Board.

"Ceramic tile installation adhesive" means any adhesive 

intended by the manufacturer for use in the installation of 

ceramic tiles.

"Chlorinated polyvinyl chloride plastic" or "CPVC plastic" 

means a polymer of the vinyl chloride monomer that contains 

67% chlorine and is normally identified with a CPVC 

marking.

"Chlorinated polyvinyl chloride welding adhesive" or 

"CPVC welding adhesive" means an adhesive labeled for 

welding of chlorinated polyvinyl chloride plastic.

"Cleanup solvent" means a VOC-containing material used to 

remove a loosely held uncured (i.e., not dry to the touch) 

adhesive or sealant from a substrate, or clean equipment used 

in applying a material.

"Computer diskette jacket manufacturing adhesive" means 

any adhesive intended by the manufacturer to glue the foldover flaps to the body of a vinyl computer diskette jacket.

"Contact bond adhesive" means an adhesive that: (i) is 

designed for application to both surfaces to be bonded 

together, (ii) is allowed to dry before the two surfaces are 

placed in contact with each other, (iii) forms an immediate 

bond that is impossible, or difficult, to reposition after both 

adhesive-coated surfaces are placed in contact with each 

other, and (iv) does not need sustained pressure or clamping 

of surfaces after the adhesive-coated surfaces have been 

brought together using sufficient momentary pressure to 

establish full contact between both surfaces. Contact bond 

adhesive does not include rubber cements that are primarily 

intended for use on paper substrates. Contact bond adhesive 

also does not include vulcanizing fluids that are designed and 

labeled for tire repair only.

"Cove base" means a flooring trim unit, generally made of 

vinyl or rubber, having a concave radius on one edge and a 

convex radius on the opposite edge that is used in forming a 

junction between the bottom wall course and the floor or to 

form an inside corner.

"Cove base installation adhesive" means any adhesive 

intended by the manufacturer to be used for the installation of 

cove base or wall base on a wall or vertical surface at floor 

level.

"Cyanoacrylate adhesive" means any adhesive with a 

cyanoacrylate content of at least 95% by weight.

"Dry wall installation" means the installation of gypsum dry 

wall to studs or solid surfaces using an adhesive formulated 

for that purpose.

"Fiberglass" means a material consisting of extremely fine 

glass fibers.

"Flexible vinyl" means nonrigid polyvinyl chloride plastic 

with at least 5.0% by weight plasticizer content.

"Indoor floor covering installation adhesive" means any 

adhesive intended by the manufacturer for use in the 

installation of wood flooring, carpet, resilient tile, vinyl tile, 

vinyl backed carpet, resilient sheet and roll, or artificial grass. 

Adhesives used to install ceramic tile and perimeter bonded 

sheet flooring with vinyl backing onto a nonporous substrate, 

such as flexible vinyl, are excluded from this category.

"Laminate" means a product made by bonding together two 

or more layers of material.

"Low-solids adhesive, sealant or primer" means any product 

that contains 120 grams or less of solids per liter of material.

"Marine deck sealant" or "marine deck sealant primer" 

means any sealant or sealant primer labeled for application to 

wooden marine decks.

"Medical equipment manufacturing" means the manufacture 

of medical devices, such as, but not limited to, catheters, heart 

valves, blood cardioplegia machines, tracheostomy tubes, 

blood oxygenators, and cardiatory reservoirs.

"Metal to urethane/rubber molding or casting adhesive" 

means any adhesive intended by the manufacturer to bond 

metal to high density or elastomeric urethane or molded 

rubber materials, in heater molding or casting processes, to 

fabricate products such as rollers for computer printers or 

other paper handling equipment.

"Multipurpose construction adhesive" means any adhesive 

intended by the manufacturer for use in the installation or 

repair of various construction materials, including but not 

limited to, drywall, subfloor, panel, fiberglass reinforced 

plastic (FRP), ceiling tile, and acoustical tile.

"Nonmembrane roof installation/repair adhesive" means any 

adhesive intended by the manufacturer for use in the 

installation or repair of nonmembrane roofs and that is not 
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intended for the installation of prefabricated single-ply 

flexible roofing membrane, including, but not limited to, 

plastic or asphalt roof cement, asphalt roof coating, and cold 

application cement.

"Outdoor floor covering installation adhesive" means any 

adhesive intended by the manufacturer for use in the 

installation of floor covering that is not in an enclosure and 

that is exposed to ambient weather conditions during normal 

use.

[ "Ozone season" means the period beginning May 1 of a 

calendar year and ending on September 30 of the same year, 

inclusive. ] 

"Panel installation" means the installation of plywood, 

predecorated hardboard (or tileboard), fiberglass reinforced 

plastic, and similar predecorated or nondecorated panels to 

studs or solid surfaces using an adhesive formulated for that 

purpose.

"Perimeter bonded sheet flooring installation" means the 

installation of sheet flooring with vinyl backing onto a 

nonporous substrate using an adhesive designed to be applied 

only to a strip of up to four inches wide around the perimeter 

of the sheet flooring.

"Plastic cement welding adhesive" means any adhesive 

intended by the manufacturer for use to dissolve the surface 

of plastic to form a bond between mating surfaces.

"Plastic cement welding adhesive primer" means any primer 

intended by the manufacturer for use to prepare plastic 

substrates prior to bonding or welding.

"Plastic foam" means foam constructed of plastics.

"Plasticizer" means a material, such as a high boiling point 

organic solvent, that is incorporated into a vinyl to increase 

its flexibility, workability, or distensibility.

"Plastics" means synthetic materials chemically formed by 

the polymerization of organic (carbon-based) substances. 

Plastics are usually compounded with modifiers, extenders, 

and/or reinforcers and are capable of being molded, extruded, 

cast into various shapes and films or drawn into filaments.

"Polyvinyl chloride plastic" or "PVC plastic" means a 

polymer of the chlorinated vinyl monomer that contains 57% 

chlorine.

"Polyvinyl chloride welding adhesive" or "PVC welding 

adhesive" means any adhesive intended by the manufacturer 

for use in the welding of PVC plastic pipe.

"Porous material" means a substance that has tiny openings, 

often microscopic, in which fluids may be absorbed or 

discharged, including, but not limited to, wood, paper, and 

corrugated paperboard.

"Propellant" means a fluid under pressure that expels the 

contents of a container when a valve is opened.

"Reactive diluent" means a liquid that is a reactive organic 

compound during application and one in that, through 

chemical and/or physical reactions, such as polymerization, 

20% or more of the reactive organic compound becomes an 

integral part of a finished material.

"Roadway sealant" means any sealant intended by the 

manufacturer for application to public streets, highways and 

other surfaces including, but not limited to, curbs, berms, 

driveways, and parking lots.

"Rubber" means any natural or manmade rubber substrate, 

including but not limited to, styrene-butadiene rubber, 

polychloroprene (neoprene), butyl rubber, nitrile rubber, 

chlorosulfonated polyethylene and ethylene propylene diene 

terpolymer.

"SCAQMD" means the South Coast Air Quality 

Management District, a part of the California Air Resources 

Board, which is responsible for the regulation of air quality in 

the state of California.

"Sealant" means any material with adhesive properties that 

is formulated primarily to fill, seal, waterproof or 

weatherproof gaps or joints between two surfaces. Sealants 

include sealant primers and caulks.

"Sealant primer" means any product intended by the 

manufacturer for application to a substrate, prior to the 

application of a sealant, to enhance the bonding surface.

"Sheet-applied rubber installation" means the process of 

applying sheet rubber liners by hand to metal or plastic 

substrates to protect the underlying substrate from corrosion 

or abrasion. These operations also include laminating sheet 

rubber to fabric by hand.

"Single-ply roof membrane" means a prefabricated single 

sheet of rubber, normally ethylene 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 for use in the installation or 

repair of single-ply roof membrane. Installation includes, as a 

minimum, attaching the edge of the membrane to the edge of 

the roof and applying flashings to vents, pipes and ducts that 

protrude through the membrane. Repair includes gluing the 

edges of torn membrane together, attaching a patch over a 

hole and reapplying flashings to vents, pipes or ducts installed 

through the membrane.

"Single-ply roof membrane adhesive primer" means any 

primer labeled for use to clean and promote adhesion of the 

single-ply roof membrane seams or splices prior to bonding.

"Single-ply roof membrane sealant" means any sealant 

labeled for application to single-ply roof membrane.

"Solvent" means organic compounds that are used as 

diluents, thinners, dissolvers, viscosity reducers, cleaning 

agents or other related uses.

"Structural glazing adhesive" means any adhesive intended 

by the manufacturer to apply glass, ceramic, metal, stone or 

composite panels to exterior building frames.
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"Subfloor installation" means the installation of subflooring 

material over floor joists, including the construction of any 

load bearing joists. Subflooring is covered by a finish surface 

material.

"Surface preparation solvent" means a solvent used to 

remove dirt, oil and other contaminants from a substrate prior 

to the application of a primer, adhesive or sealant.

"Thin metal laminating adhesive" means any adhesive 

intended by the manufacturer for use in bonding multiple 

layers of metal to metal or metal to plastic in the production 

of electronic or magnetic components in which the thickness 

of the bond line is less than 0.25 mils.

"Tire repair" means a process that includes expanding a 

hole, tear, fissure or blemish in a tire casing by grinding or 

gouging, applying adhesive, and filling the hole or crevice 

with rubber.

"Tire tread adhesive" means any adhesive intended by the 

manufacturer for application to the back of precure tread 

rubber and to the casing and cushion rubber. Tire tread 

adhesive may also be used to seal buffed tire casings to 

prevent oxidation while the tire is being prepared for a new 

tread.

"Traffic marking tape" means preformed reflective film 

intended by the manufacturer for application to public streets, 

highways and other surfaces, including but not limited to 

curbs, berms, driveways, and parking lots.

"Traffic marking tape adhesive primer" means any primer 

intended by the manufacturer for application to surfaces prior 

to installation of traffic marking tape.

"Undersea-based weapons systems components" means the 

fabrication of parts, assembly of parts or completed units of 

any portion of a missile launching system used on undersea 

ships.

"Volatile organic compound" or "VOC" means volatile 

organic compound as defined in 9VAC5-10-20.

"Waterproof resorcinol glue" means a two-part resorcinolresin-based adhesive designed for applications where the 

bond line must be resistant to conditions of continuous 

immersion in fresh or salt water.

9VAC5-45-650. Standard for volatile organic compounds.

A. Except as provided in 9VAC5-45-630 and subsection H 

of this section, no owner or other person shall (i) sell, supply 

or offer for sale any adhesive, sealant, adhesive primer, or 

sealant primer manufactured on or after the applicable 

compliance date specified in 9VAC5-45-700, or (ii) 

manufacture for sale any adhesive, sealant, adhesive primer, 

or sealant primer on or after the date specified in 9VAC5-45-

700, which contains volatile organic compounds in excess of 

the limits specified in Table 45-6A.

Table 45-6A

VOC Content Limits for Adhesives, Sealants, Adhesive 

Primers, Sealant Primers and Adhesives Applied to 

Particular Substrates

Adhesive, sealant, adhesive primer

or sealant primer category

VOC content 

limit

(grams VOC 

per liter*)

Adhesives

ABS welding 400

Ceramic tile installation 130

Computer diskette jacket 

manufacturing

850

Contact bond 250

Cove base installation 150

CPVC welding 490

Indoor floor covering installation 150

Metal to urethane/rubber molding or 

casting

850

Multipurpose construction 200

Nonmembrane roof 

installation/repair

300

Other plastic cement welding 510

Outdoor floor covering installation 250

PVC welding 510

Single-ply roof membrane 

installation/repair

250

Structural glazing 100

Thin metal laminating 780

Tire retread 100

Perimeter bonded sheet vinyl 

flooring installation

660

Waterproof resorcinol glue 170

Sheet-applied rubber installation 850

Sealants

Architectural 250

Marine deck 760

Nonmembrane roof 

installation/repair

300
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Roadway 250

Single-ply roof membrane 450

Other 420

Adhesive Primers

Automotive glass 700

Plastic cement welding 650

Single-ply roof membrane 250

Traffic marking tape 150

Other 250

Sealant Primers

Non-porous architectural 250

Porous architectural 775

Marine deck 760

Other 750

Adhesives Applied to the Listed 

Substrate

Flexible vinyl 250

Fiberglass 200

Metal 30

Porous material 120

Rubber 250

Other substrates 250

*The VOC content is determined using the weight of 

volatile compounds, less water and exempt compounds, as 

specified in 9VAC5-45-710 of this article.

B. Except as provided in 9VAC5-45-630 B through E, in 

subsection G of this section, and in 9VAC5-45-660, no 

person shall use, or apply for compensation, any adhesive, 

sealant, adhesive primer or sealant primer in excess of the 

applicable VOC content limits specified in Table 45-6A.

C. The VOC content limits in Table 45-6A for adhesives 

applied to particular substrates shall apply as follows.

1. If an owner or other person uses an adhesive or sealant 

subject to a specific VOC content limit for such adhesive 

or sealant in Table 45-6A, such specific limit is applicable 

rather than an adhesive-to-substrate limit.

2. If an adhesive is used to bond dissimilar substrates 

together, the applicable substrate category with the highest 

VOC content shall be the limit for such use.

D. No owner or other person shall use a surface preparation 

or cleanup solvent containing VOC unless:

1. The VOC content of the surface preparation solvent is 

less than 70 grams per liter, except as provided for singleply roofing in subdivision 2 of this subsection;

2. The composite vapor pressure, excluding water and 

exempt compounds, of the surface preparation solvent used 

for applying single-ply roofing does not exceed 45 mm Hg 

at 20°C;

3. The composite vapor pressure of the solvent used for the 

removal of adhesives, sealants, or adhesive or sealant 

primers from surfaces other than spray application 

equipment is less than 45 mm Hg at 20°C, except as 

provided in subdivision 4 of this subsection; and

4. For the removal of adhesives, sealants, adhesive primers 

or sealant primers from parts of spray application 

equipment, the removal is performed as follows:

a. In an enclosed cleaning system, or equivalent cleaning 

system as determined by the test method identified in 

9VAC5-45-710 I;

b. Using a solvent with a VOC content less than or equal 

to 70 grams of VOC per liter of material; or

c. Parts containing dried adhesive may be soaked in a 

solvent if (i) the composite vapor pressure of the solvent, 

excluding water and exempt compounds, is less than or 

equal to 9.5 mm Hg at 20°C, and (ii) the parts and 

solvent are in a closed container that remains closed 

except when adding parts to or removing parts from the 

container.

E. Any owner or other person using adhesives, sealants, 

adhesive primers, sealant primers, surface preparation or 

clean-up solvents subject to the provisions of this article shall 

store or dispose of all absorbent materials, such as cloth or 

paper, that are moistened with adhesives, sealants, primers or 

solvents subject to the provisions of this article, in 

nonabsorbent containers that shall be closed except when 

placing materials in or removing materials from the container.

F. No owner or other person shall solicit the use, require the 

use or specify the application of any adhesive, sealant, 

adhesive primer, sealant primer, surface preparation or cleanup solvent if such use or application results in a violation of 

the provisions of this article. This prohibition shall apply to 

all written or oral contracts under which any adhesive, 

sealant, adhesive primer, sealant primer, surface preparation 

or clean-up solvent subject to this article is to be used at any 

location within the areas designated in 9VAC5-45-620 C.

G. The standards for single-ply [ roofing ] 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 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 
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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 the 

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 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 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 testing) 

apply.

B. Except as provided in subsections D, E and F of this 

section, the VOC and solids content of all nonaerosol 

adhesives, adhesive primers and cleanup solvents shall be 

determined using either Reference Method 24 or SCAQMD 

"Determination of Volatile Organic Compounds (VOC) In 

Various Materials" (see 9VAC5-20-21).

C. The organic content of exempt organic compounds shall 

be determined using ASTM "Standard Test Method for 

Determination of Dichloromethane and 1,1,1-Trichloroethane 

in Paints and Coatings by Direct Injection into a Gas 

Chromatograph" (see 9VAC5-20-21), as applicable.

D. The VOC content of any plastic welding cement adhesive 

or primer shall be determined using SCAQMD 

"Determination of Volatile Organic Compounds (VOC) in 

Materials Used for Pipes and Fittings" (see 9VAC5-20-21).

E. To determine if a diluent is a reactive diluent, the 

percentage of the reactive organic compound that becomes an 

integral part of the finished materials shall be determined 

using SCAQMD "Determination of Volatile Organic 

Compounds (VOC) in Materials Used for Pipes and Fittings" 

(see 9VAC5-20-21).

F. The composite vapor pressure of organic compounds in 

cleaning materials shall be determined by quantifying the 

amount of each compound in the blend using [ gas 

chromatographic analysis (ASTM "Standard Practice for 

Packed Column Gas Chromatography") ] ASTM "Standard 

Practice for Packed Column Gas Chromatography" for 

organics and ASTM "Standard Test Method for Water 

Content of Coatings by Direct Injection Into a Gas 

Chromatograph" for water content (see 9VAC5-20-21), as 

applicable, and the following equation:

where:

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

Wi = Weight of the "i"th VOC compound, in grams, as 

determined by ASTM "Standard Practice for Packed 

Column Gas Chromatography" (see 9VAC5-20-21).

Ww = Weight of water, in grams as determined by ASTM 

"Standard Test Method for Water Content of Coatings by 

Direct Injection Into a Gas Chromatograph" (see 9VAC5-

20-21).

We = Weight of the "i"th exempt compound, in grams, as 

determined by ASTM "Standard Practice for Packed 

Column Gas Chromatography" (see 9VAC5-20-21).

Mwi = Molecular weight of the "i"th VOC compound, in 

grams per g-mole, as given in chemical reference literature.

Mww = Molecular weight of water, 18 grams per g-mole.

Mwe = Molecular weight of the "i"th exempt compound, in 

grams per g-mole, as given in chemical reference literature.

Vpi = Vapor pressure of the "i"th VOC compound at 20oC, 

in mm Hg, as determined by subsection G of this section.

G. The vapor pressure of each single component compound 

may be determined from ASTM "Standard Test Method for 

Vapor Pressure-Temperature Relationship and Initial 

Decomposition Temperature of Liquids by Isoteniscope " (see 

9VAC5-20-21), from chemical reference literature or from 

additional sources acceptable to the board.

H. If air pollution control equipment is used to meet the 

requirements of 9VAC5-45-650, the owner or operator shall 

make the following determinations:

1. The measurement of capture efficiency shall be 

conducted and reported in accordance with the EPA 

Technical Document "Guidelines for Determining Capture 

Efficiency" (see 9VAC5-20-21).

2. The control efficiency shall be determined in accordance 

with Reference Methods 25, 25A, 25B or CARB Method 

100 (see 9VAC5-20-21), as appropriate.

I. The active and passive solvent losses from spray gun 

cleaning systems shall be determined using SCAQMD's 

"General Test Method for Determining Solvent Losses from 

Spray Gun Cleaning Systems" (see 9VAC5-20-21). The test 
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solvent for this determination shall be any lacquer thinner 

with a minimum vapor pressure of 105 mm of Hg at 20oC, 

and the minimum test temperature shall be 15oC.

J. For adhesives that do not contain reactive diluents, the 

VOC content of adhesive in grams per liter, less water and 

exempt compounds, shall be calculated according to the 

following equation:

where:

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

Ws = weight of volatile compounds, in grams.

Ww = weight of water, in grams.

We = weight of exempt compounds, in grams.

Vm = volume of material, in liters.

Vw = volume of water, in liters.

Ve = volume of exempt compounds, in liters.

K. For adhesives that contain reactive diluents, the VOC 

content of the adhesive is determined after curing. The VOC 

content of adhesive in grams per liter, less water and exempt 

compounds, shall be calculated according to the following 

equation:

where:

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

Wrs = weight of volatile compounds not consumed during 

curing, in grams.

Wrw = weight of water not consumed during curing, in 

grams.

Wre = weight of exempt compounds not consumed during 

curing, in grams.

Vrm = volume of material not consumed during curing, in 

liters.

Vrw = volume of water not consumed during curing, in 

liters.

Vre = volume of exempt compounds not consumed during 

curing, in liters.

L. The VOC content of materials, in grams per liter, shall be 

calculated according to the following equation:

where:

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

Ws = weight of volatile compounds, in grams.

Ww = weight of water, in grams.

We = weight of exempt compounds, in grams.

Vm = volume of material, in liters.

M. Percent VOC by weight shall be calculated according to 

the following equation:

where:

Wv = weight of VOC in grams.

W = weight of material in grams.

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 Agency 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 quality 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 Section 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 action 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.

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COMMONWEALTH 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 authorized 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 February 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.

SUMMARY OF PROPOSED AMENDMENTS

The proposed regulation amendments concerned provisions covering consumer and 

commercial products. A summary of the amendments follows.

The proposed regulatory action added 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 Control Areas. This proposed regulatory action also amended 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 specified the general testing, 

monitoring, compliance, notification, recordkeeping and reporting requirements that are 

applicable to all articles in the new chapter and specified certain other sections of the 

regulations that are not generally applicable. Exceptions 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 established standards for Portable Fuel Containers 
for products manufactured before and after May 1, 2010 as new Articles 1 and 2 in 

Chapter 45, respectively, and applied to all of the products subject to the current 

provisions of Chapter 40, Article 42 Portable Fuel Container Spillage. Article 1 clarified

some Article 42 exemptions and definitions, added another exemption category, 

removed obsolete standards and their associated administrative requirements, and 

provided criteria for sell-through of products. Because Article 1 applied to all products 

manufactured before May 1, 2010 and was designed 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 applied to all portable fuel container products manufactured on or 

after May 1, 2010 and required board pre-certification 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 included 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 specified a compliance deadline no later than May 1, 2010. The new 

Article 1 applied only in the Northern Virginia and Fredericksburg VOC Emissions 

Control Areas. The new Article 2 applied 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 established standards for Consumer Products 

manufactured before and after May 1, 2010 as a new Articles 3 and 4 in Chapter 45, 

respectively and applied to all of the products subject to the current provisions of 

Chapter 40, Article 50 Consumer Products. Article 3 pertained to consumer products 

manufactured before May 1, 2010, clarified some definitions and standards, made the 

Alternative Control Plan procedures more flexible, revised labeling, reporting and other 

administrative requirements, and clarified sell-through criteria. Article 3 applied to all 

products manufactured before May 1, 2010 and was designed to replace Chapter 40, 

Article 50, therefore the compliance schedule proposed for Article 3 is the same as 

Chapter 40, Article 50. Article 4 applied to all consumer products manufactured after 

May 1, 2010 and included all of the changes made in Article 3, added more definitions 

and standards for some new product categories and established new labeling and other 

administrative requirements. Article 4 specified a compliance deadline no later than 

May 1, 2010. The new Article 3 applied only in the Northern Virginia 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 established standards for Architectural and Industrial 

Maintenance Coatings and incorporated all of the provisions of Chapter 40, Article 49 

Emission Standards for Architectural and Industrial Maintenance Coatings into a new 

Article 5 in Chapter 45, except that the new Article 5 removed some obsolete reporting 

requirements and changed the remaining one to a recordkeeping requirement. The 

standards and other provisions of the new Article 5 were not substantively changed 
from 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 Richmond 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 added a new regulation, Article 6 in the new chapter 

45, which established new emission standards for Adhesives and Sealants. The 

provisions of this article applied 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 

applied 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 regulation were not applied 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 could demonstrate both that the product was intended 

for shipment and use outside of those areas and that the manufacturer or distributor 

had taken reasonable prudent precautions to assure that the product was not 

distributed in those areas. A number of product-specific exemptions were also allowed. 

VOC content limits 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 article specified a compliance deadline of May 1, 2010.

5. The proposed regulatory action established standards for asphalt paving operations 

and incorporated 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 applied to owners instead of sources and a new definition of paving operations 

was added that clarified the types of operations to which the provisions of the regulation 

apply. Since the 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 articles included 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 preserved changes made by revision D06 in the 

event that revision D06 was delayed or withdrawn in its entirety. This regulatory action 

also incorporated the following substantive changes to revision D06: 

1. This proposed regulatory action expanded the applicability of the new Article 2 

concerning portable fuel containers, the new Article 4 concerning consumer products, 

the new Article 5 concerning architectural and maintenance coatings, and the new 
Article 6 concerning adhesives and sealants into the Richmond VOC Emissions Control 

Area. It did not affect the applicability of Article 7 concerning asphalt paving operations, 

which already applied in all VOC emissions control areas;

2. This regulatory action extended compliance dates originally proposed in revision 

D06 as January 1, 2009 to what was at the time a more reasonable date in the future 

(May 1, 2010); and 

3. This proposed regulatory action extended the standards and other provisions for

9VAC5-40, Article 48, concerning mobile equipment repair and refinishing operations 

that are currently applicable only in the 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 Control Area. 

Because revision D06 became 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 Northern 

Virginia and Fredericksburg VOC Emissions Control Areas (August 1, 2010). 

Compliance 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 offered testimony, and two additional written comments were

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 addition, 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 person'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 the 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 based on its evaluation of 

the issue raised. The Board's action is based on consideration of the overall goals and 
objectives of the air quality program and the intended purpose of the regulation.

1. SUBJECT: Language should conform with earlier regulatory language.

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 and 

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 date 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 allow 

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 care 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-aerosol toilet/urinal care products, which taken together 

will effectively prohibit the use 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 the 
beneficial 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 should 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 Northern 

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 to draft the regulations in 

Chapter 45 was to implement the same or similar standards in all of the 

applicable areas. Meeting this objective also simplifies compliance for 

both industry and the Department. Implementing such an exemption only

in the Richmond 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 inconsistency within these 

regulations. No change has been made to the proposed regulation based

upon this comment. 

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