Douglas W. Domenech 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 1105, Richmond, Virginia 23218

TDD (804) 698-4021

www .deq. virginia.gov



## APR 0 2 Z01 3

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 (Rev

. A12)

Dear Ms. Esher:

Pursuant to the requirements of§ 110 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 of Virginia and in

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

and Submittal of Implementation Plans).

This revision consists of removing Emission Standards For Asphalt Paving Operations (Article 39), Emission Standards for Portable Fuel Container Spillage (Article 42), Emission

Standards for Architectural and Industrial Maintenance Coatings (Article 49), and Emission

Standards for Consumer Products (Article 50) of 9VAC5-40 (Existing Stationary Sources) from

the SIP because they were repealed in their entirety

. These articles were repealed because they

have been replaced by corresponding articles in 9V AC5-45 (Consumer and Commercial Products), which contains updated provisions for controlling emissions from asphalt paving operations, portable fuel containers, architectural and industrial maintenance coatings, and

consumer products. The provisions of 9V AC5-45 were not affected by the repeal of these regulations. There is therefore no longer a need for reference to the repealed regulations 

### inVirginia's SIP. The regulation amendments were adopted by the State Air Pollution Control

Board on March 23,2012 under the authority of§ 10.1-1308 of the Code of Virginia.

Enclosed are the fo1lowing:

1. A true copy of the official regulation (Revision Al2) which was published in the Virginia Register of Regulations on August 13, 2012 after being duly adopted by the State Air

Pollution Control Board on March 23, 2012, certified by the Office of the Attorney General as within the Board's statutory authority on March 28, 2012 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 ofthe duly adopted regulation on July 23,

2012.

2. Certification of pub1ic participation activities and compliance with state administrative procedures.

3. Public participation record.

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

.



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

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### ·

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David 

### K. Paylor 

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TEMPLATES\SIP-REG\REGOO SIP\NONA TIN PLANS\20 13\A 12-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 A12
CONCERNING

CONSUMER AND COMMERCIAL PRODUCTS (9VAC5 CHAPTER 40 )

Adoption Date: March 23, 2012
Effective Date: September 27, 2012

The following table lists the specific provisions of the attached regulations that will be used to implement the State Implementation Plan (SIP). A copy of the actual regulation s submitted for approval and in corporation by reference into the Virginia SIP

are included in Enclosure 2.

CHAPTER 40 EXISTING STATIONARY SOURCES

PART II Emission Standards

ARTICLE 39 ASPHALT PAVING OPERATIONS (Rule 4

- 39)

9VAC5

- 40

- 5490 Applicability and designation of affected facility (repealed)
9VAC5

- 40

- 5500 Definitions (repealed)
9VAC5

- 40

- 5510 Standard for volatile organic compounds (repealed)
9VAC5

- 40

- 5520 Standard for visible emissions (repealed)
9VAC5

- 40

- 5530 Standard for fugitive dust/emissions (re pealed)
9VAC5

- 40

- 5540 Standard for odor (repealed)
9VAC5

- 40

- 5550 Standard for toxic pollutants (repealed)
9VAC5

- 40

- 5560 Compliance (repealed)
9VAC5

- 40

- 5570 Test methods and procedures (repealed)
9VAC5

- 40

- 5580 Monitoring (repealed)
9VAC5

- 40

- 5590 Notificatio n, records and reporting (repealed)

ARTICLE 42 PORTABLE FUEL CONTAINER SPILLAGE CONTROL (Rule 4

- 42)

9VAC5

- 40

- 5700 Applicability (repealed)
9VAC5

- 40

- 5710 Definitions (repealed)
9VAC5

- 40

- 5720 Standard for volatile organic compounds (repealed)
9VAC5

- 40

- 5730 Administrative requirements (repealed)

### 9VAC5

- 40

- 5740 Compliance (repealed)
9VAC5

- 40

- 5750 Compliance schedules (repealed)
9VAC5

- 40

- 5760 Test methods and procedures (repealed)
9VAC5

- 40

- 5770 Notification, records and reporting (repealed)

ARTICLE 49 ARCHITEC TURAL AND INDUSTRIAL MAINTENANCE COATINGS (Rule 4

- 49)

9VAC5

- 40

- 7120 Applicability (repealed)
9VAC5

- 40

- 7130 Definitions (repealed)
9VAC5

- 40

- 7140 Standard for volatile organic compounds (repealed)
9VAC5

- 40

- 7150 Container labeling requirements (repealed)
9VAC5

- 40

- 7160 Standard for visible emissions (repealed)
9VAC5

- 40

- 7170 Standard for fugitive dust/emissions (repealed)
9VAC5

- 40

- 7180 Standard for odor (repealed)
9VAC5

- 40

- 7190 Standard for toxic pollutants (repealed)
9VAC5

- 40

- 7200 Compliance (repealed)
9VAC 5

- 40

- 7210 Compliance schedules (repealed)
9VAC5

- 40

- 7220 Test methods and procedures (repealed)
9VAC5

- 40

- 7230 Notification, records and reporting (repealed)

ARTICLE 50 CONSUMER PRODUCTS (Rule 4

- 50)

9VAC5

- 40

- 7240 Applicability (repealed)
9VAC5

- 40

- 7250 Exemptions (repealed)
9VAC5

- 40

- 7260 Definitions (repealed)
9VAC5

- 40

- 7270 Standard for volatile organic compounds (repealed)
9VAC5

- 40

- 7280 Alternative control plan (ACP) for consumer products (repealed)
9VAC5

- 40

- 7290 Innovative products (repealed)
9VAC5

- 40

- 7300 Administrative requirements (repealed)
9VAC5

- 40

- 7310 Standard for toxic pollutants (repealed)
9VAC5

- 40

- 7320 Compliance (repealed)
9VAC5

- 40

- 73 3 0 Compliance schedules (repealed)
9VAC5

- 40

- 7340 Test methods and procedures (repealed)
9VAC5

- 40

- 7350 Monitori ng (repealed)
9VAC5

- 40

- 7360 Noti fication, records and reporting (repealed)

TEMPLATES \ SIP

- REG \ REG01
SIP \ NONATTN PLANS \ 2013 \ A 12

- SIP

- 1.DOCCOMMONWEALTH OF VIRGINIA PAGE 1 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 9VAC5 CHAPTER 40

. EXISTING STATIONARY SOURCES.

PART II.
Emission Standards.

ARTICLE 39. Emission Standards For Asphalt Paving Operations (Rule 4

- 39)

. (Repealed.)

9VAC5

- 40

- 5490. Applicability and designation of affected facility. (Repealed).

A. The aff ected facility to which the provisions of this article apply is each

a sphalt paving operation.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5

- 20

- 206.

9VAC5

- 40

- 5500. Definitions. (Repealed).

A. For the purpose of these regulations and subsequent amendments or any orders issued by the board, the words or terms shall have the meaning given them in
subsection C of this section.

B. As used in th is article, all terms not defined here shall have the meaning given them in 9VAC5 Chapter 10 ( 9VAC5

- 10

- 10 et seq.), unless otherwise required by

context.

C. Terms defined.

"Asphalt" means a dark

- brown to black cementitious material (solid, semisolid, or liquid in consistency) in which the predominating constituents are bitumens which occur in nature as such or which are obtained as residue in refining petroleum.

"Cutback asphalt" means asphalt cement which has been liquefied by blending with petrole um solvents (diluents). Upon exposure to atmospheric conditions the diluents evaporate, leaving the asphalt cement to perform its function.

"Emulsified asphalt" means an emulsion of asphalt cement and water which contains a small amount of an emulsifyi ng agent; a heterogeneous system containing two normally immiscible phases (asphalt and water) in which the water forms the continuous phase of the emulsion, and minute globules of asphalt form the discontinuous phase.

"Penetrating prime coat" means an application of low

- viscosity liquid asphaltCOMMONWEALTH OF VIRGINIA PAGE 2 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### to an absorbent surface. It is used to prepare an untreated base for an asphalt surface. The prime penetrates the base and fills the surface voids, hardens the top, and helps bind it to the overlying asphalt co urse. It also reduces the necessity of maintaining an untreated base course prior to placing the asphalt pavement.

9VAC5

- 40

- 5510. Standard for volatile organic compounds

. (Repealed).

A. No owner or other person shall cause or permit the manufacture, mi xing, storage, use or application of liquefied asphalt for paving operations unless such asphalt is of the emulsified asphalt type.

B. Regardless of the provisions of subsection A of this section, the manufacture, mixing, storage, use or application of c utback asphalt is permitted under any of the following circumstances:

1. When stockpile storage greater than one month is necessary;

2. When use or application during the months of November through March is necessary;

3. When use or application as a penetrating prime coat or tack coat is

necessary; or

4. When the user can demonstrate that there are no volatile organic compound emissions from the asphalt under conditions of normal use.

C. The provisions of subsection A of this section do not pr eclude the manufacture, mixing, storage, use or application of heated asphalt cement as a component in asphaltic concrete mixing or for priming in surface treatment.

D. Notwithstanding the provisions of subsection A of this section, the manufacture, mixi ng, storage, use or application of emulsified asphalt containing volatile organic compounds is permitted provided the annual average of volatile organic compound content for all emulsified asphalts used does not exceed 6% of volatile organic compounds by v olume.

9VAC5

- 40

- 5520. Standard for visible emissions

. (Repealed).

The provisions of Article 1 ( 9VAC5

- 40

- 60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4

- 1) apply.

9VAC5

- 40

- 5530. Standard for fugi tive dust/emissions

. (Repealed).

The provisions of Article 1 ( 9VAC5

- 40

- 60 et seq.) of this chapter (EmissionCOMMONWEALTH OF VIRGINIA PAGE 3 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4

- 1) apply.

9VAC5

- 40

- 5540. Standard for odor

. (Repealed).

The provisions of Article 2 ( 9VAC5

- 40

- 130 et seq.) of this chapter (Emission Standards for Odor, Rule 4

- 2) apply.

9VAC5

- 40

- 5550. Standard for toxic pollutants

. (Repealed).

The provisions of Article 3 ( 9VAC5

- 40

- 160 et seq.) of this chapter (Emission
Standards for Toxic Po llutants, Rule 4

- 3) apply.

9VAC5

- 40

- 5560. Compliance

. (Repealed).

The provisions of 9VAC5

- 40

- 20 (Compliance) apply

.

9VAC5

- 40

- 5570. Test methods and procedures

. (Repealed).

The provisions of 9VAC5

- 40

- 30 (Emission Testing) apply.

9VAC5

- 40

- 5580. Monito ring

. (Repealed).

The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 5590. Notification, records and reporting

. (Repealed).

The provisions of 9VAC5

- 40

- 50 (Notification, Records and Reporting) apply.

ARTICLE 42.
Emission Standards for Portable Fuel Container Spillage (Rule 4

- 42)

. (Repealed).

9VAC5

- 40

- 5700. Applicability

. (Repealed).

A. Except as provided in subsections C through H of this section, the provisions of this article apply to any person who sells, supplies, offers for sale, or

man ufactures for sale portable fuel containers or spouts.

B. The provisions of this article apply only to sources and persons in the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas designated in 9VAC5

- 20

- 206.

C. The provisions of this article do not apply to any portable fuel container or spout manufactured for shipment, sale, and use outside of the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas.COMMONWEALTH OF VIRGINIA PAGE 4 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### D. This article does 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

- 40

- 5720, as long as the manufacturer or distributor can demonstrate that: (i) t he portable fuel container or spout is intended for shipment and use outside of the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas; and (ii) that the manufacturer or distributor has taken reasonable prudent precautio ns to assure that the portable fuel container or spout is not distributed within the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas. This subsection does not apply to portable fuel containers or spouts that are sold , supplied, or offered for sale to retail outlets.

E. This article does not apply to safety cans meeting the requirements of 29 CFR Part 1926 Subpart F.

F. This article does not apply to portable fuel containers with a nominal capacity less than or equ al to one quart.

G. This article does not apply to rapid refueling devices with nominal capacities greater than or equal to four gallons, provided such devices are designed either (i) to be used in officially sanctioned off

- highway motorcycle competition s, (ii) to create a leak

proof seal against a stock target fuel tank, or (iii) or to operate in conjunction with a receiver permanently installed on the target fuel tank.

H. This article does 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.

I. 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

- 40

- 5710. Definitions

. (Repealed).

A. F or the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meaning given them in subsection C of this section.

B. As used in this article, a ll terms not defined herein shall have the meaning given them in 9VAC5 Chapter 10 unless otherwise required by context.

C. Terms defined.COMMONWEALTH OF VIRGINIA PAGE 5 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### “ASTM” means the American Society for Testing and Materials.

“Consumer” means any person who purchases or othe rwise acquires a new portable fuel container or spout for personal, family, household, or institutional use. Persons acquiring a portable fuel container or spout for resale are not “consumers” for that product.

“Distributor” means any person to whom a portable fuel container or spout is sold or supplied for the purpose of resale or distribution in commerce. This term does not include manufacturers, retailers, and consumers.

“Fuel” means all motor fuels subject to any provision of Chapter 12 (§ 59.1

- 149 et seq.) of Title 59.1 of the Code of Virginia.

“Manufacturer” means any person who imports, manufactures, assembles, produces, packages, repackages, or re

- labels a portable fuel container or spout.

“Nominal capacity” means the volume indicated b y the manufacturer that represents the maximum recommended filling level.

“Outboard engine” means a spark

- ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine

and drive unit external to the hull of the marine watercraft.

“Permeation” means the process by which individual fuel molecules may penetrate the walls and various assembly components of a portable fuel container directly

to the outside ambient air.

“Portable fuel container” m eans any container or vessel with a nominal capacity of ten gallons or less intended for reuse that is designed or used primarily for receiving, transporting, storing, and dispensing fuel.

“Product category” means the applicable category that best descr ibes the product with respect to its nominal capacity, material construction, fuel flow rate, and permeation rate, as applicable, as determined by the board.

“Retailer” means any person who owns, leases, operates, controls, or supervises a retail outlet

.

“Retail outlet” means any establishment at which portable fuel containers or spouts are sold, supplied, or offered for sale.

“Spill

- proof spout” means any spout that complies with the standards specified in 9VAC5

- 40

- 5720 B.COMMONWEALTH OF VIRGINIA PAGE 6 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### “Spill

- proof system” means any configuration of portable fuel container and firmly attached spout that complies with the standards in 9VAC5

- 40

- 5720 A.

“Spout” means any device that can be firmly attached to a portable fuel container and through which the contents of the con tainer may be poured.

“Target fuel tank” means any receptacle that receives fuel from a portable
fuel container.

9VAC5

- 40

- 5720. Standard for volatile organic compounds

. (Repealed).

A. No person shall sell, supply, offer for sale, or manufacture for s ale any portable fuel container which, at the time of sale or manufacture, does not meet 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. Automatic ally 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. Provides a fuel flow rate and fill level of:

a. Not less than one

- half g allon per minute for portable fuel containers with a nominal capacity of:

(1) Less than or equal to 1.5 gallons and fills to a level less than or equal to one inch below the top of the target fuel tank opening; or

(2) Greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to one inch below the top of the target fuel tank opening if the spill

- proof system clearly displays the phrase “Low Flow Rate” in type of 34 point or greater on each spill

- proof sy stem or label affixed thereto, and on the accompanying package, if any; or

b. Not less than one gallon per minute for portable fuel containers with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level l ess than or equal to 1.25 inches below the top of the target fuel tank opening; or,

c. Not less than two gallons per minute for portable fuelCOMMONWEALTH OF VIRGINIA PAGE 7 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### containers with a nominal capacity greater than 2.5 gallons.

5. Does not exceed a permeation rate of 0.4 gr ams per gallon per day.

6. Is warranted by the manufacturer for a period of not less than one year against defects in materials and workmanship.

B. No person shall sell, supply, offer for sale, or manufacture for sale any spout which, at the time of s ale or manufacture, does not meet 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. Provides a fuel flow rate and fill level of:

a. Not less than one

- half gallon per minute for portable fuel containers with a nominal capacity of:

(1) Less than or equal to 1.5 gall ons and fills to a level less than or equal to one inch below the top of the target fuel tank opening; or,

(2) Greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to one inch below the top of the targ et fuel tank opening if the spill

- proof spout clearly displays the phrase “Low Flow Rate” in type of 34 point or greater on the accompanying package, or for spill

- proof spouts sold without packaging, on either the spill

- proof spout or a label affixed there to; or,

b. Not less than one gallon per minute for portable fuel containers with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches below the top of the target fuel tank opening; or,

c. Not less than two gallons per minute for portable fuel containers with a nominal capacity greater than 2.5 gallons.

4. Is warranted by the manufacturer for a period of not less than one year against defects in materials and work manship.

C. The test procedures for determining compliance with the standards in this
section are set forth in 9VAC5

- 40

- 5760. The manufacturer of portable fuel containers orCOMMONWEALTH OF VIRGINIA PAGE 8 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



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

- 40

- 5760 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 th ose 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 stat e fire codes, safety codes, and other safety regulations, nor will the board test for or determine compliance with such other statutes or regulations.

E. 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

- 40

- 5750 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 clearl y displayed on the portable fuel container or spout.

9VAC5

- 40

- 5730. Administrative requirements

. (Repealed).

A. Each manufacturer of a portable fuel container subject to and complying

with 9VAC5

- 40

- 5720 A shall clearly display on each spill

- proof system :

1. The phrase “Spill

- Proof System”;

2. A date of manufacture or representative date; and

3. A representative code identifying the portable fuel container as subject to and complying with 9VAC5

- 40

- 5720 A.

B. Each manufacturer of a spout subject to and complying with 9VAC5

- 40

- 5720 B shall clearly display on the accompanying package, or for spill

- proof spouts sold without packaging, on either the spill

- proof spout or a label affixed thereto:

1. The phrase “Spill

- Proof Spout”;

2. A date of ma nufacture or representative date; and

3. A representative code identifying the spout as subject to and complying with 9VAC5

- 40

- 5720 B.

C. Each manufacturer subject to subsection A or B shall file an explanation of both the date code and representative code with the board no later than the later of three months after the effective date of this article or within three months of production, andCOMMONWEALTH OF VIRGINIA PAGE 9 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### within three months after any change in coding.

D. Each manufacturer subject to subsection A or B shall clearl y display a fuel flow rate on each spill

- proof system or spill

- proof spout, or label affixed thereto, and on any accompanying package.

E. Each manufacturer of a spout subject to subsection B shall clearly display the make, model number, and size of those portable fuel containers the spout is designed
to accommodate and for which the manufacturer can demonstrate the container’s compliance with 9VAC5

- 40

- 5720 A on the accompanying package, or for spill

- proof spouts sold without packaging, on either the spill

- proof spout or a label affixed thereto.

F. Manufacturers of portable fuel containers not subject to or not in compliance with 9VAC5

- 40

- 5720 may not display the phrase “Spill

- Proof System” or “Spill

- Proof Spout” on the portable fuel container or spout or on any sticker or label affixed thereto or on any accompanying package.

G. Each manufacturer of a portable fuel container or spout subject to and complying with 9VAC5

- 40

- 5720 that due to its design or other features cannot be used to
refuel on

- road moto r vehicles shall clearly display the phrase “Not Intended For Refueling
On

- Road Motor Vehicles” in type of 34 point or greater on each of the following:

1. For a portable fuel container sold as a spill

- proof system, on the system or on a label affixed t hereto, and on the accompanying package, if any; and

2. For a spill

- proof spout sold separately from a spill

- proof system, on either the spill

- proof spout, or a label affixed thereto, and on the accompanying package, if any.

9VAC 5

- 40

- 5740. Compliance

. (Repealed).

The provisions of subsections B, D, F, and J of 9VAC5

- 40

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

- 40

- 20 do not apply.

9VAC5

- 40

- 5750. Compliance schedules

. (Repealed).

A. Affected persons shall comply with the provisions of thi s 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.COMMONWEALTH OF VIRGINIA PAGE 10 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### B. Any 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 s pecific grounds upon which the waiver is sought;

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 mi tigating 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 approv al 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 eff ective 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 a rticle.

9VAC5

- 40

- 5760. Test methods and procedures

. (Repealed).

A. The provisions of subsection G of 9VAC5

- 40

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

- 40

- 30 do not apply.

B. Testing to determine compliance with 9VAC5

- 40

- 5720 B of thi s article shallCOMMONWEALTH OF VIRGINIA PAGE 11 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### be performed by using the following test procedures:

1. California Air Resources Board (CARB) Automatic Shut

- Off Test Procedure for Spill

- Proof Systems and Spill

- Proof Spouts.

2. CARB Automatic Closure Test Procedure for Spill

- Proof S ystems and Spill

- Proof Spouts.

3. CARB Determination of Fuel Flow Rate for Spill

- Proof Systems and Spill

- Proof Spouts.

C. Testing to determine compliance with 9VAC5

- 40

- 5720 A of this article shall be performed by using all test procedures in subsectio n B above and the following test procedure: CARB Determination of Permeation Rate for Spill

- Proof Systems. These test methods are incorporated by reference in 9VAC5

- 20

- 21.

9VAC5

- 40

- 5770. Notification, records and reporting

. (Repealed).

The provisions o f subsections D, E, F, and H of 9VAC5

- 40

- 50 (Notification, records and reporting) apply. The other provisions of 9VAC5

- 40

- 50 do not apply.

ARTICLE 49. Emission Standards for Architectural and Industrial Maintenance Coatings (Rule 4

- 49)

. (Repealed).

9VAC 5

- 40

- 7120. Applicability

. (Repealed).

A. Except as provided in subsection C of this section, the provisions of this article apply to any person who supplies, sells, offers for sale, or manufactures any architectural coating for use, as well as any person who applies or solicits the application of any architectural coating.

B. The provisions of this article apply only to sources and persons in the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas designated in 9VAC5

- 2 0

- 206.

C. The provisions of this article do not apply to:

1. Any architectural coating that is sold or manufactured for use exclusively outside of the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas or for shipm ent to other manufacturers for reformulation or repackaging.

2. Any aerosol coating product.COMMONWEALTH OF VIRGINIA PAGE 12 of 92
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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.

D. For purposes of this article, the terms "supp ly" 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 enti ties/individuals.

9VAC5

- 40

- 7130. Definitions

. (Repealed).

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meaning given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meaning given them in 9VAC5 Chapter 10 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 pack aged 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 ma rine 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 the Virginia Pesticide Control Act (Chapter 14.1 of the Code of Virginia, § 3.1

- 249.27 et seq.).

“Appurtenance” means any accessory to a stationary structure coated at the site of installation, whether installed or detached, incl uding 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 orCOMMONWEALTH OF VIRGINIA PAGE 13 of 92
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### stationary tools; lampposts; partitions pipes and piping systems; rain gutters and downspouts; stairways; fixed ladders; catwalks and fire escapes; and window screens.

“Architectural coating” means a coating to be applied to stationary structures or the appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in shop applications or to non

stationary structures such as airplanes, ships, boats, railcars, and automobiles, and

adhesives are not considered architectural co atings 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, c onsist 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 which incorporates bitumens
that is labeled and formulated exclus ively for roofing.

“Bituminous roof primer” means a primer which 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 formula ted 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 recoa ting calcimine

- painted ceilings and other calcimine

painted substrates.

“Clear brushing lacquers” means clear wood finishes, excluding clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation withou t chemical reaction and to provide a solid, protective film, which are intended exclusively for application by brush and which are labeled as specified in
9VAC5

- 40

- 7150 5.

“Clear wood coatings” means clear and semi

- transparent coatings, including lacque rs 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.COMMONWEALTH OF VIRGINIA PAGE 14 of 92
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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 c uring 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 va rnish" means a clear acid curing coating with an alkyd or other resin blended with amino resins and supplied as a single component or two

component product. Conversion varnishes produce a hard, durable, clear finish designed for professional application to wood flooring. The film formation is the result of an acid

catalyzed condensation reaction, effecting a transetherification at the reactive ethers of

the amino resins.

“Dry fog coating” means a coating labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

“Exempt compound” means a compound identified as exempt under the definition of Volatile Organic Compound (VOC) in 9VAC 5

- 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 Ar chitectural 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.COMMONWEALTH OF VIRGINIA PAGE 15 of 92
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### “Fire

- resistive coating” means an opaque coating labeled and formulated to protect the structura l 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 material s 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) Standard Test Method for Fire Tests of Building Construction Mater ials (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 an d 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 Materi als (see 9VAC5

- 20

- 20).

“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 Metho d 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, which may be subjected to fo ot 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 c oating 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

- t emperature coating” means a high

- performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204 degrees Centigrade (400 degrees Fahrenheit).

“Impacted immersion coating” means a high performance maintenance coating formulated and recommended for application to steel structures subject toCOMMONWEALTH OF VIRGINIA PAGE 16 of 92
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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 debr is.

“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

env ironmental conditions, and labeled as specified in 9VAC5

- 40

- 7150 4:

1. Immersion in water, wastewater, or chemical solutions (aqueous and non

- aqueous solutions), or chronic exposures of interior surfaces to moisture condensation;

2. Acute or chroni c exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;

3. Repeated exposure to temperatures above 121 degrees Centigrade (250 degrees Fahrenheit);

4. Repeated (frequent) heavy abrasi on, 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, includin g 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 t exture 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 coati ng 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 Manag ement District (SCAQMD) Method forCOMMONWEALTH OF VIRGINIA PAGE 17 of 92
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### Determination of Weight Percent Elemental Metal in Coatings by X

- Ray Diffraction (see
9VAC5

- 20

- 21).

“Multi

- color coating” means a coating that is packaged in a single container

and that exhibits more than one color whe n applied in a single coat.

“Non

- flat 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 Stand ard Test Method for Specular Gloss (see 9VAC5

- 20

- 21).

“Non

- flat high

- gloss coating” means a non

- flat 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).

“Noni ndustrial 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 an d 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 form ulated 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 A STM 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 determ ined 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 usefu lness to a consumer, and does not include manufacturing wastes.

“Pre

- treatment 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 Chem ical 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.

“Pr imer” means a coating labeled and formulated for application to aCOMMONWEALTH OF VIRGINIA PAGE 18 of 92
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### substrate to provide a firm bind between the substrate and subsequent coats.

“Quick

- dry enamel” means a non

- flat coating that is labeled as specified in
9VAC5

- 40

- 7150 8 and that is formul ated 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 degrees Centigrade (60 and 80 degrees Fahrenheit);

2. When tested in accordan ce 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 t est 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 re

- coated in two hours

when tested in a ccordance 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 o f 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, condominium s, mobile homes, apartment complexes, motels, and hotels.

“Roof coating” means a non

- bituminous 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 coati ng” means a coating formulated exclusively for nonindustrial use to prevent the corrosion of metal surfaces and labeled as specified in
9VAC5

- 40

- 7150 6.

“Sanding sealer” means a clear or semi

- transparent wood coating labeled and formulated for applicati on 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 include d in the lacquer category.COMMONWEALTH OF VIRGINIA PAGE 19 of 92
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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 co atings 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 exces s 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 r eaction.

“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

coa tings).

“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 9VAC5

- 40

- 7150 7 and that is formulated for application to a substrate to seal

f ire, 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 o f Chalking of Exterior Paint Films (see 9VAC5

- 20

- 21).

“Stain” means a clear, semi

- transparent, 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 co ating 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 p iping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above 204 degrees Centigrade (400 degrees Fahrenheit).COMMONWEALTH OF VIRGINIA PAGE 20 of 92
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### “Thermoplastic rubber coating and mastic” means a coating or mastic
formulate d 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, pig ments, 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 str eets, 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 semi

- transparent 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 to control the fetal sheen or glos s of the finish.

“VOC content” means the weight of VOC per volume of coating, calculated according to the procedures specified in 9VAC5

- 40

- 7220 B.

“Waterproofing sealer” means a coating labeled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of

water.

“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, alk alis, acids, ultraviolet light, and staining.

“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 Rodenti cide Act (7 USC § 136, et. seq.) and with the Pesticide Control Board under the provisions of the Virginia Pesticide Control Act (Chapter 14. 1 of the Code of Virginia, § 3.1

- 249.27 et seq.).

9VAC5

- 40

- 7140. Standard for volatile organic compounds

. (Repeal ed).

A. Except as provided in this section, no person shall (i) manufacture, blend, or repackage for sale, (ii) supply, sell, or offer for sale, or (iii) solicit for application or apply any architectural coating with a VOC content in excess of the corre sponding limitCOMMONWEALTH OF VIRGINIA PAGE 21 of 92
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### specified in Table 4

- 49A.

B. If anywhere on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or any person acting on behalf of a manufacturer, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in Table 4

- 49A, then the most restrictive
VOC content limit shall apply. This provision does not apply to the following coating categories:

Lacquer coatings (including lacquer sanding sealers); Metallic pigmented coatings; Shellacs;

Fire

- retardant coatings; Pretreatment wash primers; Industrial maintenance coating s; Low

- solids coatings; Wood preservatives; High

- temperature coatings; Temperature

- indicator safety coatings; Antenna coatings; Antifouling coatings; Flow coatings; Bituminous roof primers; Calcimine recoaters; Impacted immersion coatings;

Nucl ear coatings; Thermoplastic rubber coating and mastic; and Specialty primers, sealers, and undercoaters.

Table 4

- 49A. VOC Content Limits for Architectural Coatings

Limits are expressed in grams of VOC per liter 1 

### of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds, or
colorant added to tint bases. “Manufacturers maximum recommendation” means the maximum recommendation for thinning that is indicated on the label or lid of the coating

contain er.

Coating Category Flat Coatings 100 VOC Content Limit

Non

- flat Coatings 150

1 

### Conversion factor: one pound of VOC per gallon (U.S.) = 119.95 grams per liter.COMMONWEALTH OF VIRGINIA PAGE 22 of 92
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### Non

- flat

- High Gloss Coatings 250 Specialty Coatings: Antenna Coatings 530 Antifouling Coatings 400 Bituminous Roof Coatings 300
Bitumin ous Roof Primers 350
Bond Breakers 350
Calcimine Recoater 475 Clear Wood Coatings • Clear Brushing Lacquers 680 • Lacquers (including lacquer sanding sealers) 550 • Sanding Sealers (other than lacquer sanding sealers) 350
• Conver sion Varnishes 725 • Varnishes (other than conversion varnishes) 350 Concrete Curing Compounds 350
Concrete Surface Retarder 780 Dry Fog Coatings 400 Extreme durability coating 400 Faux Finishing Coatings 350
Fire

- Resistive Coatings 350
Fire

- Retardant Coatings
• Clear 650 • Opaque 350 Floor Coatings 250 Flow Coatings 420
Form

- Release Compounds 250 Graphic Arts Coatings (Sign Paints) 500 High

- Temperature Coatings 420 Impacted Immers ion Coating 780 Industrial Maintenance Coatings 340
Low

- Solids Coatings 120 Magnesite Cement Coatings 450 Mastic Texture Coatings 300 Metallic Pigmented Coatings 500
Multi

- Color Coatings 250 Nuclear Coatings 450
Pretr eatment Wash Primers 420 Primers, Sealers, and Undercoaters 200 Quick

- Dry Enamels 250 Quick

- Dry Primers, Sealers and Undercoaters 200 Recycled Coatings 250 Roof Coatings 250 Rust Preventative Coatings 400
ShellacsCOMMONWEALTH OF VIRGINIA PAGE 23 of 92
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### • Clear 730 • Opaque 550 Specialty Primers, Sealers, and Undercoaters 350
Stains 250 Swimming Pool Coatings 340 Swimming Pool Repair and Maintenance Coatings 340 Temperature

- Indicator Safety Coatings 550 Thermoplastic Rubber Coatin g and Mastic 550 Traffic Marking Coatings 150 Waterproofing Sealers 250 Waterproofing Concrete/Masonry Sealers 400
Wood Preservatives 350

C. A coating manufactured prior to the applicable compliance date specified in
9VAC5

- 40

- 7210, may be sold, supplied, or offered for sale for two years following the applicable compliance date. In addition, a coating manufactured before the applicable compliance date specified in 9VAC5

- 40

- 7210, may be applied at any time, both before and after the app licable compliance date, so long as the coating complied with the standards in effect at the time the coating was manufactured. This subsection does not apply to any coating that does not display the date or date code required by subdivision 1
of 9VAC5

- 40

- 7150.

D. All architectural coating containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging, or other means, shall be closed when not in use. These architectural c oatings containers include, but are not limited to, drums, buckets, cans, pails, trays, or other application containers. Containers of any VOC

- containing materials used for thinning and cleanup shall also be closed when not in use.

E. No person who appl ies or solicits the application of any architectural coating shall apply a coating that contains any thinning material that would cause the coating to exceed the applicable VOC limit specified in Table 4

- 49A.

F. No person shall apply or solicit the appli cation of any rust preventive coating for industrial use, unless such a rust preventive coating complies with the industrial maintenance coating VOC limit specified in Table 4

- 49A.

G. For any coating that does not meet any of the definitions for the spec ialty coatings categories listed in Table 4

- 49A, the VOC content limit shall be determined by classifying the coating as a flat coating or a non

- flat coating, based on its gloss, as
defined in 9VAC5

- 40

- 7130 C, and the corresponding flat or non

- flat coating limit shall apply.

H. Notwithstanding the provisions of subsection A of this section, up to 10 **%** byCOMMONWEALTH OF VIRGINIA PAGE 24 of 92
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### volume of VOC may be added to a lacquer to avoid blushing of the finish during days with relative humidity greater than 70% and temperature below 65 degre es Fahrenheit, at the time of application, provided that the coating contains acetone and no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition
of VOC.

9VAC5

- 40

- 7150. Container labeling requirements. (R epealed.)

Each manufacturer of any architectural coatings subject to this article shall display the information listed in subdivisions 1 through 8 of this section on the coating container (or label) in which the coating is sold or distributed.

1. The date the coating was manufactured, or a date code representing the date, shall be indicated on the label, lid, or bottom of the container. If the man

ufacturer uses a date code for any coating, the manufacturer shall file an explanation of

each code with t he board.

2. A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or lid of the container. This requirement does not apply to the thinning of architectural coatings with water. If thinning

o f the coating prior to use is not necessary, the recommendation shall specify that the coating is to be applied without thinning.

3. Each container of any coating subject to this article shall display
either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer. VOC content shall be displayed in grams of VOC per liter of coating. VOC content displayed shall be calculated using product formulation data, or shall be determined using the test methods in 9VAC5

- 40

- 7220 C. The equations in 9VAC5

- 40

- 7220 B shall be used to calculate VOC content.

4. In addition to the information specified in subdivisions 1, 2, and 3 of this section, each manufacturer of any industrial maintenance coating subject to this article shall display on the label or the lid of the container in which the coating is sold or distributed one or more of the descriptions listed in subdivisions a, b, and c of this

subsection.

a. “For industrial use only.”

b. “For professional use only.”

c. “Not for residential use” or “Not intended for residential use.”

5. The labels of all clear brushing lacquers shall prominently display the statements “For brush application only,” and “This product shall not be t hinned orCOMMONWEALTH OF VIRGINIA PAGE 25 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### sprayed.”

6. The labels of all rust preventive coatings shall prominently display the statement “For Metal Substrates Only.”

7. The labels of all specialty primers, sealers, and undercoaters shall prominently display one or more of the desc riptions listed in subdivisions a through e of

this subsection.

a. For blocking stains.

b. For fire

- damaged substrates.

c. For smoke

- damaged substrates.

d. For water

- damaged substrates.

e. For excessively chalky substrates.

8. The la bels of all quick dry enamels shall prominently display the words “Quick Dry” and the dry hard time.

9. The labels of all non

- flat high

- gloss coatings shall prominently display the words “High Gloss.”

9VAC5

- 40

- 7160. Standard for visible emissions

. (Rep ealed.)

The provisions of Article 1 ( 9VAC5

- 40

- 60 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4

- 1) do not apply.

9VAC5

- 40

- 7170. Standard for fugitive dust/emissions

. (Repealed.)

The provision s of Article 1 ( 9VAC5

- 40

- 60 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4

- 1) apply.

9VAC5

- 40

- 7180. Standard for odor

. (Repealed.)

The provisions of Article 2 ( 9VAC5

- 40

- 130 et seq.) of 9VAC5 Ch apter 40 (Emission Standards for Odor, Rule 4

- 2) apply.

9VAC5

- 40

- 7190. Standard for toxic pollutants

. (Repealed.)

The provisions of Article 4 ( 9VAC5

- 60

- 200 et seq.) of 9VAC5 Chapter 60 (Emission Standards for Toxic Pollutants from Existing Sources, Rule 6

- 4) do not apply.COMMONWEALTH OF VIRGINIA PAGE 26 of 92
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### 9VAC5

- 40

- 7200. Compliance

. (Repealed.)

The provisions of subsections B, D, F, and J of 9VAC5

- 40

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

- 40

- 20 do not apply.

9VAC5

- 40

- 7210. Compliance schedules

. (Repealed.)

Affected pe rsons shall comply with the provisions of this article as expeditiously as possible but in no case later than:

1. January 1, 2005 in the Northern Virginia VOC Emissions Control Area; or

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

Area.

9VAC5

- 40

- 7220. Test methods and procedures

. (Repealed.)

A. The provisions of subsection G of 9VAC5

- 40

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

- 40

- 30 do not apply.

B. For the purpose of determining compliance with the VOC conten t limits in

Table 4

- 49A, the VOC content of a coating shall be determined by using the procedures described in subdivision 1 or 2 of this subsection, as appropriate. The VOC content of a

tint base shall be determined without colorant that is added after t he tint base is
manufactured.

1. With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds. Det ermine the VOC content using equation 1 as follows:

Equation 1: 

## ( **) (**  **)**

ec w m ec w s 

### V

- V

- V W

- W

- W

= Content VOC

where:

VOC content = grams of VOC per liter of coating Ws = weight of volatiles, in grams Ww = weight of water, in grams Wec = weight of exempt compounds, in grams Vm = volume of coating, in liters Vw = volume of water, in litersCOMMONWEALTH OF VIRGINIA PAGE 27 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### Vec = volume of exempt compounds, in liters

2. For low solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned to the manufacturer's m aximum recommendation, including the volume of any water and exempt compounds. Determine the VOC content using equation 2 as follows:

Equation 2: 

## ( **) (**  **)**

m ec w s 

### V W

- W

- W

= ) ls ( Content VOC

where:

VOC Content (ls) = the VOC content of a low solids coating in grams per

lit er of coating Ws = weight of volatiles, in grams Ww = weight of water, in grams Wec = weight of exempt compounds, in grams Vm = volume of coating, in liters

C. To determine the physical properties of a coating in order to perform the

calculations in subsection B, the reference method for VOC content is Reference Method 24 (see 9VAC5

- 20

- 21)]. The exempt compounds content shall be determined by SCAQMD Method for Determination of Exempt Compounds (see 9VAC5

- 20

- 21). To
determine the VOC content of a coating, the manufacturer may use Reference Method 24, formulation data, or any other reasonable means for predicting that the coating has been formulated as intended (e.g. quality assurance checks, recordkeeping). However, if there are any inconsistencie s between the results of a Reference Method 24 test and any other means for determining VOC content, the Reference Method 24 results will govern. The board may require the manufacturer to conduct a Reference Method 24 analysis.

D. Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes shall be analyzed as exempt compounds by Bay Area Quality Management District (BAAQMD) Method for Determination of Volatile Methylsiloxanes in
Solvent

- Based Coatings, Inks, and Related Materi als (see 9VAC5

- 20

- 21).

E. The exempt compound parachlorobenzotrifluoride shall be analyzed as an exempt compound by BAAQMD Method for Determination of Volatile Organic Compounds in Solvent

- Based Coatings and Related Materials Containing

Parachlorobenzotr ifluoride (see 9VAC5

- 20

- 21).

F. The content of compounds exempt under Reference Method 24 shall be determined by SCAQMD Method for Determination of Exempt Compounds, Laboratory Methods of Analysis for Enforcement Samples (see 9VAC5

- 20

- 21).COMMONWEALTH OF VIRGINIA PAGE 28 of 92
STATE AIR POLLUTION CONTROL BOARD

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### G. The VOC c ontent of a coating shall be determined by Reference Method 24 (see 9VAC5

- 20

- 21).

H. The VOC content of coatings may be determined by either Reference Method 24 or SCAQMD Method for Determination of Exempt Compounds, Laboratory Methods of Analysis for En forcement Samples (see 9VAC5

- 20

- 21).

I. Other test methods may be used for purposes of determining compliance with this article consistent with the approval requirements of 9VAC5

- 40

- 20

- A 2.

J. Analysis of methacrylate multi

- components used as traffic marking coatings shall be conducted according to a modification of Reference Method 24 (40 CFR Part 59, Subpart D, Appendix A; see 9VAC5

- 20

- 21). This method has not been approved for methacrylate multicomponent coatings used for other purposes than as tra ffic marking coatings or for other classes of multicomponent coatings.

9VAC5

- 40

- 7230. Notification, records and reporting

. (Repealed.)

A. The provisions of subsections D, E, F, and H of 9VAC5

- 40

- 50 (Notification, records and reporting) apply. The other provisions of 9VAC5

- 40

- 50 do not apply.

B. Each manufacturer of clear brushing lacquers shall, on or before April 1 of each calendar year beginning in the year 2006, submit an annual report to the board. The report shall specify the number of gallons o f clear brushing lacquers sold during the preceding calendar year, and shall describe the method used by the manufacturer to

calculate sales.

C. Each manufacturer of rust preventive coatings shall, on or before April 1 of each calendar year beginning in the year 2006, submit an annual report to the board. The report shall specify the number of gallons of rust preventive coatings sold during the preceding calendar year, and shall describe the method used by the manufacturer to

calculate sales.

D. Each ma nufacturer of specialty primers, sealers, and undercoaters shall, on or before April 1 of each calendar year beginning in the year 2006, submit an annual report to the board. The report shall specify the number of gallons of specialty primers, sealers, an d undercoaters sold during the preceding calendar year, and shall describe the method used by the manufacturer to calculate sales.

E. For each architectural coating that contains perchloroethylene or methylene chloride, the manufacturer shall, on or befo re April 1 of each calendar year beginning with the year 2006, report to the board the following information for products sold during the preceding year:COMMONWEALTH OF VIRGINIA PAGE 29 of 92
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### 1. The product brand name and a copy of the product label with the legible usage instructions;

2

. The product category listed in Table 4

- 49A to which the coating belongs;

3. The total sales during the calendar year to the nearest gallon;

4. The volume percent, to the nearest 0.10%, of perchloroethylene and methylene chloride in the coating.

F

. Manufacturers of recycled coatings shall submit a letter to the board certifying their status as a Recycled Paint Manufacturer. The manufacturer shall, on or before April 1 of each calendar year beginning with the year 2006, submit an annual report to th e board. The report shall include, for all recycled coatings, the total number of gallons distributed during the preceding year, and shall describe the method used by the
manufacturer to calculate distribution.

G. Each manufacturer of bituminous roof coa tings or bituminous roof primers shall, on or before April 1 of each calendar year beginning with the year 2006, submit an annual report to the board. The report shall specify the number of gallons of bituminous roof coatings or bituminous roof primers sol d during the preceding calendar year, and shall describe the method used by the manufacturer to calculate sales.

ARTICLE 50. Emission Standards for Consumer Products (Rule 4

- 50)

. (Repealed.)

9VAC5

- 40

- 7240. Applicability

. (Repealed.)

A. Except as provid ed in section 9VAC5

- 40

- 7250, the provisions of this article apply to those persons who sell, supply, offer for sale, or manufacture for sale any consumer product that contains volatile organic compounds (VOCs) as defined in
9VAC5

- 10

- 20.

B. The provisions of this article apply throughout the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas designated in
9VAC5

- 20

- 206.

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

internal transaction s 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

- 40

- 7250. Exemptions

. (Repeal ed.)COMMONWEALTH OF VIRGINIA PAGE 30 of 92
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### A. This article shall not apply to any consumer product manufactured in the applicable volatile organic compound emissions control areas designated in 9VAC5

- 40

- 7240 for shipment and use outside of those areas.

B. The provisions of this article sha ll not apply to a manufacturer or distributor who sells, supplies, or offers for sale a consumer product that does not comply with the VOC standards specified in 9VAC5

- 40

- 7270 A, as long as the
manufacturer or distributor can demonstrate both that the cons umer product is intended for shipment and use outside of the applicable volatile organic compound emissions control areas designated in 9VAC5

- 40

- 7240, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the cons umer product is not distributed to those applicable volatile organic compound emissions control areas. This subsection does not apply to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in those applicable vol atile organic compound

emissions control areas.

C. The medium volatility organic compound (MVOC) content standards specified in 9VAC5

- 40

- 7270 A for antiperspirants or deodorants shall not apply to

ethanol.

D. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to fragrances up to a combined level of 2.0 **%** by weight contained in any consumer product and shall not apply to colorants up to a combined level of 2.0 **%** by weight contained in any antiperspirant or deodorant.

E. The requirements of 9VAC5

- 40

- 7270 A for antiperspirants or deodorants shall not apply to those volatile organic compounds that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of 2 mm Hg or less at 20 degrees Centigrade.

F. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to any LVP

VOC.

G. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to air fresheners that are composed entirely of fragrance, less compounds not defined as
VOCs or exempted under subsection F of this section.

H. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to air fresheners and insecticides containing at least 98% paradichlorobenzene.

I. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply t o adhesives sold in containers of one fluid ounce or less.COMMONWEALTH OF VIRGINIA PAGE 31 of 92
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### J. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to bait station insecticides. For the purpose of this section, bait station insecticides are containers enclosing an insecticidal ba it that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5.0% active ingredients.

K. A person who cannot comply with the requirements set forth in 9VAC5

- 40

- 7270, because of extraordinary reasons beyond the person's reasonable control may apply in writing to the board for a waiver.

1. The application shall set forth:

a. The specific grounds upon which the waiver is sought, including the fact s which support the extraordinary reasons that compliance is beyond the applicant's reasonable control;

b. The proposed dates by which compliance with the provisions
of 9VAC5

- 40

- 7270 will be achieved, and

c. A compliance report reasonably detailing the methods by which compliance will be achieved.

2. Upon receipt of an application containing the information required in subdivision 1 of this subsection, the board will hold a public hearing to determine whether, under what conditions, and to what e xtent, a waiver from the requirements in
9VAC5

- 40

- 7270 is necessary and will be permitted. A hearing shall be initiated no later than 75 days after receipt of a waiver application. Notice of the time and place of the hearing shall be sent to the applican t by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the Virginia Register. At least 30 days prior to the hearing, the waiver application shall be made available to the public fo r inspection. Information submitted to the board by a waiver applicant may be claimed as confidential, and such information will be handled in accordance with the procedures specified in §§ 10.1

- 1314 and 10.1

- 1314.1 of the Virginia Air Pollution Control La w and 9VAC5

- 170

- 60. The board may consider such confidential information in reaching a decision on an exemption application. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered.

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

made:

a. That, because of reasons beyond the reasonable control of the applicant, requiring compliance with 9VAC5

- 40

- 7270 would result in extraordinary

economic hard ship;COMMONWEALTH OF VIRGINIA PAGE 32 of 92
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### b. That the public interest in mitigating the extraordinary hardship to the applicant by issuing the waiver outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the waiver; and

c. That the compliance report proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.

4. Any waiver may be issued as an order of the board. The waiver order shall specify a final compliance date by which the requirements of 9VAC5

- 40

- 7270 will be achieved. Any waiver order shall contain a condition that specifies increments of progress necessary to assure timely compliance and such other conditions that the board, in consideration of the testimon y received at the hearing, finds necessary to carry out the purposes of the Virginia Air Pollution Control Law and the regulations of the board.

5. A waiver shall cease to be effective upon failure of the party to whom the waiver was granted to comply w ith any term or condition of the waiver order.

6. Upon the application of anyone, the board may review and for good cause modify or revoke a waiver from requirements of 9VAC5

- 40

- 7270. Modifications
and revocations of waivers are considered case decisio ns and will be processed using the procedures prescribed in 9VAC5

- 170 and Article 3 (§ 2.2

- 4018 et seq.) of the

Administrative Process Act.

L. The requirements of 9VAC5

- 40

- 7300 A shall not apply to consumer products registered under FIFRA.

9VAC5

- 40

- 7260

. Definitions

. (Repealed.)

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meaning given them in subsection C of this section

.

B. As used in this article, all terms not defined herein shall have the meaning given them in 9VAC5 Chapter 10 ( 9VAC5

- 10), unless otherwise required by context.

C. Terms defined.

“ACP” or “Alternative control plan” means any emissions averaging

pr ogram approved by the board pursuant to the provisions of this article.

“ACP agreement” means the document signed by the board that includesCOMMONWEALTH OF VIRGINIA PAGE 33 of 92
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### 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 p er unit, as specified in
9VAC5

- 40

- 7250.

2. For charcoal lighter material products only:

where ) (Emissions + + ) (Emissions + ) (Emissions = Emissions ACP
N 2 1 

### 

100 Sales) le (Enforceab x Content) (VOC

= Emissions

A 100) x C) ((B

= Content VOC **−**



### Rate Use Certified 100) x Emissions (Certified

= Content VOCCOMMONWEALTH OF VIRGINIA PAGE 34 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### Certified emissions = (see definition in this section).

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

“ACP limit” m eans 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 sp ecified in 9VAC5

- 40

- 7270 A, except those products that have been exempted as innovative products under 9VAC5

- 40

- 7290.

“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

- 40

- 7270 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

- 40

- 7270 A for all ACP products except for charcoal lighter material;

2. For charcoal lighter materia l products only, the VOC 

### ) (Limit + + ) (Limit + ) (Limit = Limit ACP
N 2 1 

### 

100 Sales) le (Enforceab x Standard) (ACP

= LimitCOMMONWEALTH OF VIRGINIA PAGE 35 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 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

- 40

- 7270 E.

Cert ified 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 lin ers, or any other product with an adhesive incorporated onto or in an inert substrate. For contact adhesive only, adhesive also does not include units of product, less packaging, which 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, which consist of 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 exclusively for the removal of adhesives, caulk, and other bonding materials from either a specific substrate or a variety of substrates.

“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 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 or mechanically induced force. Aerosol product does not include pump sprays.

“Agricultu ral 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 prope rly labeled packages or containers which are intended for Rate Use Certified 100) x start per VOC pound (0.020

= Standard VOCCOMMONWEALTH OF VIRGINIA PAGE 36 of 92
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 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. “Structural pest control” means a use requiring a license under the applicable state pesticide licensing requirement.

3. “Industrial use” means use for or in a manufacturing, mining, or chemical process or use in the operation of factories, proces sing plants, and similar

sites.

4. “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.

“Air freshener” means any co nsumer 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, 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 di stribution. 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 representatio ns 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

which contain at least one carbon atom and ar e 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.COMMONWEALTH OF VIRGINIA PAGE 37 of 92
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### “Antimicrobial hand or body cleaner or soap” means a cleaner or soap which 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, deodo rant, 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 produ ct including, but not limited to, aerosols,

roll

- ons, sticks, pumps, pads, creams, and squeeze

- bottles, that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20% in at least 50% of a target population.

“ Architectural coating” means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

“ASTM” means the American Society for Testing and Materials.

“Astringent or toner” means any product not regu lated as a drug by the United States Food and Drug Administration which is applied to the skin for the purpose of cleaning or tightening pores. This category also includes clarifiers and substrate

impregnated products. This category does not include any hand, face, or body cleaner or soap product, medicated astringent or medicated toner, cold cream, lotion, or antiperspirant.

“Automotive brake cleaner” means a cleaning product designed to remove oil, grease, brake fluid, brake pad material, or dirt fro m motor vehicle brake

mechanisms.

“Automotive hard paste wax” means an automotive wax or polish which is:

1. Designed to protect and improve the appearance of automotive paint surfaces;

2. A solid at room temperature; and

3. Contains no wate r.

“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.COMMONWEALTH OF VIRGINIA PAGE 38 of 92
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### “Automotive rubbing or polishing compound” means a produc t 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

se al 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 wet ting 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 restori ng or maintaining visibility for the driver. Glass cleaners that are intended for use on other glass surfaces are not included in this definition. Automotive windshield washer fluid does not include fluids placed by the manufacturer in a new

vehicle.

“Bathroom and tile cleaner” means a product designed to clean tile or surfaces in bathrooms. Bathroom and tile cleaners do not include products specifically designed to clean toilet bowls or toilet tanks.

“Bug and tar remover” means a product designed to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish: (i) biological residues, such as insect carcasses and tree sap, and (ii) road grime, such as road tar, roadway paint markings, and asphalt.

“CARB” means the California Air Resources Board.

“Carburetor or fuel

- injection air intake cleaners” means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel

- injection system, or associated linkages. Carburetor or fuel

injection air intake cleaners do 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 a nd upholstery cleaner” means a cleaning product designed forCOMMONWEALTH OF VIRGINIA PAGE 39 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 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, ny lon, 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

- 40

- 7270 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

- 40

- 7270 E, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, expressed to the nearest 0.001 pound certified product used per start.

“Charcoal lighter material” means any co mbustible 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 pape r 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

co mponent adhesive that is designed exclusively for the installation, remodeling, maintenance, or repair of:

1. Structural and building components that include, but are notCOMMONWEALTH OF VIRGINIA PAGE 40 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### limited to, beams, trusses, studs, paneling (drywall or drywall laminates, fiberg lass reinforced plastic (FRP), plywood, particle board, insulation board, pre

- decorated hardboard or tileboard, etc.), ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove 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

c onsumer 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.

“Contact adhesi ve” 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 t o establish full contact between both surfaces.

Contact adhesive does not include rubber cements that are primarily intended for use on paper substrates.

“Container or packaging” means the part or parts of the consumer or institutional product which se rve only to contain, enclose, incorporate, deliver, dispense,COMMONWEALTH OF VIRGINIA PAGE 41 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### wrap, or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed
or intended. 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

respon sible 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 crawl ing 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, o r other household crawling arthropods.

2. “House dust mite” means mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the 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 a product including, but not limi ted to, aerosols, roll

ons, sticks, pumps, pads, creams, and squeeze

- bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration.

“Device ” means an instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling, or mitigating a pest or other form of plant or animal life (other than human and other than bacteria, virus, or other microorganism

on or in living human 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 bacte ria, 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:COMMONWEALTH OF VIRGINIA PAGE 42 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 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 which, as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes.

“Distributor” means 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 c onsumers 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 emulsio n.

“Dry cleaning fluid” means a non

- aqueous liquid product designed and labeled exclusively for use on:

1. Fabrics which are labeled “for dry clean only,” such as clothing or drapery; or

2. S

- coded fabrics.

Dry cleaning fluid includes, but is n ot limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer’s residence or work place. Dry cleaning fluid does not include spot remover or carpet and upholstery cleaner. For the purposes of this definition, "S

- coded fabric" means an upholstery fabric designed to be cleaned only with water

- free spot cleaning products as specified by the American Furniture Manufacturers Association Joint Industry Fabrics Standards Committee, Wo ven and Knit Residential Upholstery Fabric Standards and Guidelines (see 9VAC5

- 20

- 21).

“Dusting aid” means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating. Dus ting aid does not include products which consist entirely of compressed gases for use in electronic or other specialty areas.

“Electronic cleaner” means a product designed specifically for the removal of dirt, grease, or grime from electrical equipment such as electric motors, circuitCOMMONWEALTH OF VIRGINIA PAGE 43 of 92
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 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

- 40

- 7240 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, p oint

- 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 designat ed in 9VAC5

- 40

- 7240 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, provi ded that a detailed method which 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

- trifluoromet hyl 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 fabri c's fibers. Fabric protectant does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics which 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 toCOMMONWEALTH OF VIRGINIA PAGE 44 of 92
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 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 incl ude 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 na turally

- occurring levels of sap or resin which 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 Ins ecticide, Fungicide, and Rodenticide Act (7
USC Section 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 polish or wax” means a wax, polish, or ot her 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 clean ing 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 ot her 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

- proofingCOMMONWEALTH OF VIRGINIA PAGE 45 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 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 i s 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 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 n ot 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.

“Furniture coating” means a paint designed for application to room furnishing s including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas.

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

“General p urpose 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 gene ral 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 andCOMMONWEALTH OF VIRGINIA PAGE 46 of 92
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### electronic cleaners.

“General purpose degreaser” means a product designed 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 which 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

des igned 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

moistur izing 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), h eavy

- 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

th e 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 co ntrol areas designated in 9VAC5

- 40

- 7240 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 accura te 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

- 40

- 7240; or

2. Another documented method which provides an accurate estimate of the total current sales of the ACP product.COMMONWEALTH OF VIRGINIA PAGE 47 of 92
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### “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, bu t 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 styli ng 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.

“Hair spray” means a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time.

“Heavy

- duty hand cleaner or soap” means a product designed to clean or
remove diffic ult 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

pr oducts, 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 kil l 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 degrees Centigrade.

“Household product” means a consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupi ed 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 which requires a structural pest control license under applicable state laws or regulations, orCOMMONWEALTH OF VIRGINIA PAGE 48 of 92
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 3. Restricted materials that require a permit 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

establis hment 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 limi ted 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 prod ucts 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, blow n 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” mea ns 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.

“L awn and garden insecticide” means an insecticide product designed primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods.

“Liquid” means a substance or mixture of substances which is capable of

a visua lly detectable flow as determined under ASTM “Standard Test Method forCOMMONWEALTH OF VIRGINIA PAGE 49 of 92
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### 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.

“Lubrican t” 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, e ngines, 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 which manufa cture 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 contai ner and packaging), expressed to the nearest 0.1.

“LVP

- VOC” means a chemical compound or mixture that contains at least one carbon atom and meets one of the following:

1. Has a vapor pressure less than 0.1 mm Hg at 20 degrees Centigrade, as determin ed 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 degrees Centigrade, as determined by CARB Method 310 (see 9VAC5

- 20

- 21); or

4. Is the weight percent of a chemical mixture that boils above 216 degrees Centigrade, 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 which is applied to the sk inCOMMONWEALTH OF VIRGINIA PAGE 50 of 92
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### 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 clean er 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 degrees Centigrade.

“Metal polish or cleanser” means a product designed primarily to improve the appearance of finished metal, metallic, or metallized surfaces by physical or

c hemical 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,

chr ome, 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 de tailing, 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 which is not a special purpose spray adhesive and which delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and s mooth application of adhesive

to the substrate.

“Multi

- purpose dry lubricant” means a lubricant which is:

1. Designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide (“moly”), or polytetrafluoroethylene o r closely related fluoropolymer (“teflon”) on surfaces, and

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

“Multi

- purpose lubricant” means a lubricant designed for general purpose lubrication, or for use i n a wide variety of applications. Multi

- purpose lubricant does not

include multi

- purpose dry lubricants, penetrants, or silicone

- based multi

- purpose lubricants.

“Multi

- purpose solvent” means an organic liquid designed to be used for aCOMMONWEALTH OF VIRGINIA PAGE 51 of 92
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### variety of purpos es, including cleaning or degreasing of a variety of substrates, or thinning, dispersing, or dissolving other organic materials. Multi

- purpose solvent includes solvents used in institutional facilities, except for laboratory reagents used in analytical, e ducational, research, scientific, or other laboratories. Multi

- purpose 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

exclusivel y 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, enamel s, 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.

“Non

- carbon containing compound” means a compound which does not

contain carbon atoms.

“Nonresilient flooring” means flooring of a mineral content which is not flexible. Nonresilient flooring includes but is not limited to terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete.

“Non

- selective terrestrial herbicide” means a terrestrial herbicide product that is toxic to plants without regard to species.

“One

- product business” means a responsible ACP party that sells, supplie s, offers for sale, or manufactures for use in the applicable volatile organic compound emissions control areas designated in 9VAC5

- 40

- 7240:

1. Only one distinct ACP product, sold under one product brand name, which is subject to the requirements of 9V AC5

- 40

- 7270, or

2. Only one distinct ACP product line subject to the requirements of 9VAC5

- 40

- 7270, 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 mea n 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.COMMONWEALTH OF VIRGINIA PAGE 52 of 92
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### “Paint” means a pigmented liquid, liquefiable, or mastic composition designed for applic ation to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities

or t he 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” mean s 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 multi

- purpose lubricants that claim to have penetrating qualities but are not labeled primar ily to loosen bonded parts.

“Pesticide” means and includes a substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling, or mitigating a pest, or a substance or mixture of substances labeled, designed, or intended for use as a defoliant, desiccant, or plant regulator, provided that the term “pesticide” will not include a substance, mixture of substances, or device which the U.S. Environmental Protection Agency does not consider to be a pesticide.

“Pr e

- 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 yiel ds the lowest VOC content for the product.

“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 p rincipal 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 displ ay panel of the product.

“Product category” means the applicable category which best describes the product as listed in this section.

“Product line” means a group of products of identical form and function belonging to the same product category.COMMONWEALTH OF VIRGINIA PAGE 53 of 92
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### “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 w hich 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 e mission 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 approv ed by the board pursuant to 9VAC5

- 40

- 7280 B 1 g (10).

“Responsible party” means the company, firm, or establishment which is listed on the product's label. If the label lists two companies, firms, or establishments, the responsible party is the party w hich the product was "manufactured for” or “distributed by,” as noted on the label.

“Responsible ACP party” means the company, firm, or establishment which is listed on the ACP product's label. If the label lists two or more companies, firms, or establ ishments, the responsible ACP party is the party which the ACP product was “manufactured for” or “distributed by,” as noted on the label.

“Restricted materials” means pesticides established as restricted materials under the Virginia Pesticide Control Ac t (§ 3.1

- 249.27 et seq.).

“Retailer” means a person who sells, supplies, or offers consumer products for sale directly to consumers.

“Retail outlet” means an establishment at which consumer products are sold, supplied, or offered for sale directly to consumers.

“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 rene w 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 anCOMMONWEALTH OF VIRGINIA PAGE 54 of 92
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 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 t opical 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 we atherproof 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; pr oducts 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 oun ces. For the purposes of this definition only, “removable caulking compounds” means a compound which temporarily seals windows or doors for three

- to six

- month time intervals; and “clear or paintable or water resistant caulking compounds” means a compound which contains no appreciable level of opaque fillers or pigments, transmits most or all visible light through the caulk when cured, is paintable, and is immediately resistant to precipitation upon application.

“Semisolid” means a product that, at room temperature, will not pour, but will spread or deform easily, including gels, pastes, and greases.

“Shaving cream” means an aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor or other wet

- shaving system,

i n 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 multi

- purpose 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 multi

- purpose lubricant does not include products des igned and labeled exclusively to release manufactured products from molds.COMMONWEALTH OF VIRGINIA PAGE 55 of 92
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### “Single phase aerosol air freshener” means an aerosol air freshener with the liquid contents in a single homogeneous phase and which does not require that the product container b e 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; d oes 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 which, either whole or subdivided (such as the particles composing a p owder), 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%, 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 highCOMMONWEALTH OF VIRGINIA PAGE 56 of 92
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### 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 degrees Fahrenheit and at pressures between 1,000 and 1,400 psi.

7. “Automotiv e engine compartment adhesive” means an aerosol adhesive designed for use in motor vehicle under

- the

- hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures of

200

- 275 degrees Fahrenheit.

“Spot rem over” means a product designed 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 i nclude dry cleaning fluid, laundry prewash, carpet and upholstery cleaner, or multi

- purpose solvent.

“Spray buff product” means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.

“Stick prod uct” means an antiperspirant or a deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by
frictional action on the affected area.

“Structural waterproof adhesive” means an adhesive whose bond lines

are resistant to conditions of continuous immersion in fresh or salt water and that conforms with the definition in the federal consumer products regulation, 40 CFR 59 Subpart C.

“Surplus reduction” means the ACP limit minus the ACP emissions when

the ACP limit was greater than the ACP emissions during a given compliance period, expressed to the nearest pound of VOC. Except as provided in 9VAC5

- 40

- 7280 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.COMMONWEALTH OF VIRGINIA PAGE 57 of 92
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### “Tire sealant and inflation” means a pressur ized product that is designed to temporarily inflate and seal a leaking tire.

“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 co ntent 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 sha ll be expressed to the nearest pound and calculated according to the following calculation:

where

Highest VOC content = the maximum VOC content which 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 part y 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 t o 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 maximu m N, for which the responsible ACP party has failed to submit the required enforceable sales or VOC content data as specified in the ACP agreement.

“Type A propellant” means a compressed gas such as CO 2 

### , N 2 

### , N 2 

### O, or compressed air that is used as a prop ellant and is either incorporated with the product or contained in a separate chamber within the product's packaging. 

### ) (MHE + + ) (MHE + ) (MHE = TMHE
N 2 1 

### 

Days Data Missing x ) 365 x 100 Sales Highest x Content VOC Highest ( = MHECOMMONWEALTH OF VIRGINIA PAGE 58 of 92
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### “Type B propellant” means a halocarbon that is used as a propellent including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HC FCs), and hydrofluorocarbons (HFCs).

“Type C propellant” means a propellant that is not a Type A or Type B propellant, including propane, isobutane, n

- butane, and dimethyl ether (also known as dimethyl oxide).

“Undercoating” means an aerosol product designed to impart a protective,

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 produc ts.

“Usage directions” means the text or graphics on the product's principal display panel, label, or accompanying literature which describes to the end user how and in what quantity the product is to be used.

“VOC content” means, 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

- 40

- 7340 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 inse cticide” 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. Rate Use Certified 100) x Emissions (Certified

= Content VOCCOMMONWEALTH OF VIRGINIA PAGE 59 of 92
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### “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 mine ral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.

“Web spray adhesive” means an aerosol adhesive which is not a mist spray or special purpose spray adhesive.

“Wood floor wax” means wax

- based products for use sole ly on wood
floors.

“Working day” means a day between Monday through Friday, inclusive, except for federal holidays.

9VAC5

- 40

- 7270. Standard for volatile organic compounds

. (Repealed.)

A. Except as provided in 9VAC5

- 40

- 7250, 9VAC5

- 40

- 7280, and 9VAC5

- 4 0

- 7290, no person shall (i) sell, supply, or offer for sale a consumer product manufactured on or after the applicable compliance date specified in 9VAC5

- 40

- 7330 or (ii) manufacture for sale a consumer product on or after the applicable compliance date

spe cified in 9VAC5

- 40

- 7330 which contains volatile organic compounds in excess of the limits specified in Table 4

- 50A.

TABLE 4

- 50A

Product Category: Percent VOC by Weight

Adhesives

Aerosol Mist spray: 65% Web spray: 55% Special purpose spray adhesiv es Mounting, automotive engine compartment, and flexible vinyl: 70% Polystyrene foam and automotive headliner: 65% Polyolefin and laminate repair/Edgebanding: 60%
Contact: 80% Construction, panel, and floor covering: 15% General purpose: 10%
S tructural waterproof: 15%

Air freshenersCOMMONWEALTH OF VIRGINIA PAGE 60 of 92
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### Single

- phase aerosols: 30%

Double

- phase aerosols: 25% Liquids/Pump sprays: 18%
Solids/Gels: 3%

Antiperspirants
Aerosol: 40% HVOC/10% MVOC
Nonaerosol: 0% HVOC/0% MVOC

Automotive brake cleaners: 45%

Automoti ve rubbing or polishing compound: 17%

Automotive wax, polish, sealant, or glaze Hard paste waxes: 45%

Instant detailers: 3%
All other forms: 15%

Automotive windshield washer fluids: 35%

Bathroom and tile cleaners

Aerosols: 7%
All other forms: 5%

B ug and tar remover: 40%

Carburetor or fuel

- injection air intake cleaners: 45%

Carpet and upholstery cleaners

Aerosols: 7% Nonaerosols (dilutables): 0.1% Nonaerosols (ready

- to

- use): 3.0%

Charcoal lighter material: see subsection E of this section.

Co oking spray, aerosols: 18%

Deodorants
Aerosol: 0% HVOC/10% MVOC
Nonaerosol: 0% HVOC/0% MVOC

Dusting aids

Aerosols: 25%
All other forms: 7%COMMONWEALTH OF VIRGINIA PAGE 61 of 92
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### Engine degreasers

Aerosol: 35%

Nonaerosol: 5%

Fabric protectants: 60%

Floor polishes/Waxes

Products for f lexible flooring materials: 7% Products for nonresilient flooring: 10%
Wood floor wax: 90%

Floor wax strippers, nonaerosol: see 9VAC5

- 40

- 7270 G

Furniture maintenance products

Aerosols: 17% All other forms except solid or paste: 7%

General purpose cl eaners Aerosols: 10%

Nonaerosols: 4%

General purpose degreasers

Aerosols: 50%

Nonaerosols: 4%

Glass cleaners

Aerosols: 12%

Nonaerosols: 4%

Hair mousses: 6%

Hair shines: 55%

Hair sprays: 55%

Hair styling gels: 6%

Heavy

- duty hand cleaner or soa p: 8%

Insecticides Crawling bug (aerosol): 15% Crawling bug (all other forms): 20%

Flea and tick: 25%COMMONWEALTH OF VIRGINIA PAGE 62 of 92
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### Flying bug (aerosol): 25% Flying bug (all other forms): 35% Foggers: 45% Lawn and garden (all other forms): 20% Lawn and garden (nonaerosol): 3% Wasp and hornet: 40%

Laundry prewash
Aerosols/Solids: 22%
All other forms: 5%

Laundry starch products: 5%

Metal polishes and cleansers: 30%

Multi

- purpose lubricant (excluding solid or semi

- solid products): 50%

Nail polish remover: 75%

Non

- selectiv e terrestrial herbicide, nonaerosols: 3%

Oven cleaners Aerosols/Pump sprays: 8% Liquids: 5%

Paint remover or strippers: 50%

Penetrants: 50%

Rubber and vinyl protectants

Nonaerosols: 3%

Aerosols: 10%

Sealants and caulking compounds: 4%

Shaving cre ams: 5%

Silicone

- based multi

- purpose lubricants (excluding solid or semi

- solid products): 60%

Spot removers

Aerosols: 25%

Nonaerosols: 8%

Tire sealants and inflators: 20%COMMONWEALTH OF VIRGINIA PAGE 63 of 92
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### Undercoatings, aerosols: 40%

B. No 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 4

- 50A 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 con sumer 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 4

- 50A 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 is one year after the applicable compliance date specified in 9VAC5

- 40

- 7330.

E. The following requirements shall apply to all charc oal lighter material products:

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

- 40

- 7330, no 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 been issued a currently effective certification by CARB under
the Con sumer 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

claim ing 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 ch arcoal lighterCOMMONWEALTH OF VIRGINIA PAGE 64 of 92
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### 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 iss ued 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 certifica tion 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 charc oal 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

re lating to LVP

- VOC in 9VAC5

- 40

- 7250 F and 9VAC5

- 40

- 7260 C shall not apply to a charcoal lighter material subject to the requirements of 9VAC5

- 40

- 7270 A and E.

b. The board may approve alternative test procedures which are shown to provide equivalent res ults 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 certifi cation 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 Sou th 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 mat erial 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 Pro tocol (see 9VAC5

- 20

- 21) for that product, unless:

(a) The charcoal lighter material is intended to beCOMMONWEALTH OF VIRGINIA PAGE 65 of 92
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### used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes, or

(b) The charcoal lighter material is alre ady incorporated into the charcoal, such as certain “bag light,” “instant light” or “match light” products.

(3) For a charcoal lighter material which meets the criteria specified in subdivision 2 c (2) (a) of this subsection, the usage instructions

pr ovided 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 boa rd 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 boa rd 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 which may result in VOC emissions greater than 0.020

p ound 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 which are greater than 0.020 pound of VOC per start, as determined by the South Coast Air Qua lity 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 V OC emissionsCOMMONWEALTH OF VIRGINIA PAGE 66 of 92
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### of less than or equal to 0.020 pound of VOC per start. Modifications and revocations of certifications are considered case decisions and will be processed using the procedures prescribed in 9VAC5

- 170 and Article 3 (§ 2.2

- 4018 et seq.) of the Administrative

Process Act.

F. Requirements for aerosol adhesives.

1. The standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in 9VAC5

- 40

- 7250 and 9 VAC5

- 40

- 7290, no person shall sell, supply, offer for sale, use or manufacture for sale an aerosol adhesive which, 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 purpo se spray adhesive,” the product must meet one or more of the definitions specified in 9VAC5

- 40

- 7260 C, but if the product label indicates that the product is suitable for use on a substrate or application not listed in 9VAC5

- 40

- 7260 C, then the product sha ll 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

- 40

- 7260 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

- 40

- 7270 A.

3. Effective as of the applicable compliance date specified in 9VAC5

- 40

- 7330, no per son 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 which contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

4. All aerosol adhesives must comply with the labeling requirements specified in 9VAC5

- 40

- 7300 D.

G. Effective as of the applicable compliance date specified in 9VAC5

- 40

- 7330, no person shall sell, supply, offer for sale, or man ufacture 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% b y 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 aCOMMONWEALTH OF VIRGINIA PAGE 67 of 92
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### dilution ratio for heavy build

- up of polish that results in an as

- used VOC c oncentration 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

sub section A of this section, no person shall sell, supply, offer for sale, or manufacture for sale a consumer product which 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.

I

. The requirements of subsection H of this section shall not apply to an existing product formulation that complies with Table 4

- 50A or an existing product
formulation that is reformulated to meet Table 4

- 50A, provided the ozone

- depleting compound content of the reformulated product does not increase.

J. The requirements of subsection H of this section shall not apply to ozone

depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.

9VAC5

- 40

- 7280. Alternative control plan (ACP) for consumer products

. (Repealed.)

A. Manufacturers of consumer products may seek an ACP agreement in accordance with subsections B through L of this section.

B. Provisions follow concerning t he 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. A n identification of the contact persons, phone numbers,COMMONWEALTH OF VIRGINIA PAGE 68 of 92
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### names and addresses of the responsible ACP party which 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 track ing product sales meet the minimum criteria specified in subdivision 1 d (5) of this subsection. To provide this demonstration, the responsible ACP party shall 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 satisfac tion 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, which is composed of enforceable sales;

(5) Determine which ACP products have enforceable sales which 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:COMMONWEALTH OF VIRGINIA PAGE 69 of 92
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### (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 AC P 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 which will be relying to some extent on surplus trading to meet its ACP limits, a written

commitment fro m 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 which will be applicable for the ACP product during eac h 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.COMMONWEALTH OF VIRGINIA PAGE 70 of 92
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### (5) The pro jected 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 applicab le) 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

- 40

- 7260 C for projecting the ACP emissions and ACP limits during each complianc e 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”) which 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 shortfa ll 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 requeste d by the board to verify that the shortfalls have been completely

reconciled.COMMONWEALTH OF VIRGINIA PAGE 71 of 92
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### h. A declaration, signed by a legal representative for the responsible ACP party, which states that all information and operational plans submitted with the ACP application a re 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 which meets the requirements of this article. The board will specify such terms and conditi ons as are necessary to ensure that the emissions from the ACP products do not exceed the emissions that would have occurred if the ACP products subject to the ACP had met the VOC standards specified in 9VAC5

- 40

- 7270 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;

(3) Operation al 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

pa rty'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

vio lations.

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 applica nt 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 boardCOMMONWEALTH OF VIRGINIA PAGE 72 of 92
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### will inform the applicant in writing that either:

(1) The additional information is sufficient to make the application complete, and the app lication 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 act to approve or disapprove a complete application within 90 working days after the application is deemed complete.

2. Before the end of each ti me 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. In addition to the requirements specified in subsections A and C of

this section and in 9VAC5

- 40

- 7360, both the manufacturer and responsible party for each aerosol adhesive product subject to this article shall ensure that all products clearly displ ay the following information on each product container which is manufactured on or after the applicable compliance date specified in 9VAC5

- 40

- 7330.

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, or

b. Within five working days after receipt of a written request from the board, or

c. Within a time period mutually agreed upon by bot h 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

eac h day until such requirement or condition is satisfied, except as otherwise provided in subdivisions 2 through 8 of this subsection.COMMONWEALTH OF VIRGINIA PAGE 73 of 92
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### 2. False reporting of information in an ACP application or in any supporting documentation or amendments thereto shall c onstitute 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 app roving an ACP shall constitute a single, separate violation of the requirements of this article for each ACP product which exceeds the specified VOC content that is sold, supplied, offered for sale, or manufactured for use.

4. Any of the following actio ns 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 bo ard 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 req uirements;

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 reconc ile 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 i n 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 bo ard 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 agreementCOMMONWEALTH OF VIRGINIA PAGE 74 of 92
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### approving an ACP, then the boar d 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 p rovide 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 th e total maximum historical emissions, as specified in 9VAC5

- 40

- 7260 C;

(2) For the remaining portion of the compliance period which are not missing data days, the board will calculate the emissions for each ACP product using the enforceable sales reco rds 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 occ urred 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, th e 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. pounds it) lim ACP emissions (ACP

= NEV 40 **−**COMMONWEALTH OF VIRGINIA PAGE 75 of 92
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### 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 subdivisi on 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 li mit 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 par ty 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 which establish and quantify, to the nearest pound of VOC reduced, the surplus reductions achieved by a responsible ACP party operating under an ACP. The su rplus 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 w ithin 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 provis ions:

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

- 40

- 7270 A may not be used to generate surplus reductions;

b. Surplus reductions are valid on ly 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.COMMONWEALTH OF VIRGINIA PAGE 76 of 92
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### 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 cann ot 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 ap proved 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 p arty'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 worki ng days prior to the effective date of transfer of surplus reductions, both the responsible ACP party which is selling surplus reductions and the responsible ACP party which is buying the surplus reductions shall, either together or separately, notify the 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;COMMONWEALTH OF VIRGINIA PAGE 77 of 92
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### (3) The amount (in pounds of VOCs) of surplus reductions that are being transferred;

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

(5) The contact persons, names of the companies, street and mail addresses, and phone numbers of the responsible ACP part ies 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. Th e copy shall show the amount of any remaining non

- traded 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 limitati ons 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. Provisio ns 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 which is reformulated to result in a reduction in the product's
VOC content, and which 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

r eformulated ACP products which 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 which is below the

pre

- ACP VOC content of the product, or below the applicable VOC standard specified

in 9VAC5

- 40

- 7270 A, whichever is the lesser of the two;COMMONWEALTH OF VIRGINIA PAGE 78 of 92
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### (2) Accurate d ocumentation 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 which meet the defi nition of enforceable sales records and which 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;

(4) Accurate documentation for the early r eformulated ACP product which meets the requirements specified in subdivisions B 1 c and d and B 1 g (7) and (8) of this section and which identifies the specific test methods for verifying the claimed early reformulation and the statistical accuracy and p recision 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 fol lowing equation:

100 ) ) Content (VOC ) Content (VOC (

x Sales e Enforceabl = SR final initial 

### −



### where

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

Enforceable sales = the enforceable sales for the early reformulated ACP product, expressed to the nearest pound of ACP produ ct.

VOC content initial 

### = the pre

- ACP VOC content of the ACP product, or the applicable VOC standard specified in 9VAC5

- 40

- 7270 A, whichever is the lesser of the two, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product.

VOC conten t final 

### = the VOC content of the early reformulated ACP product after the early reformulation is achieved, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product.

d. The use of limited use surplus reduction credits issued pursuant to t his 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 imm ediately after the issuance of the ACP agreementCOMMONWEALTH OF VIRGINIA PAGE 79 of 92
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### approving an ACP, and shall not be used for another purpose;

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

(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 reconcilia tion 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 inform ation, 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;COMMONWEALTH OF VIRGINIA PAGE 80 of 92
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### 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 pre

approval. Any such proposed modifications shall be fully described in writing and forwarded to the board. The responsible ACP party shall clearly demonstrate that the proposed modifications will meet the requirements of this article. The board will act on the proposed modifications using the procedure set forth in subsection C of this section. The responsible ACP party shall meet all applicable requirements of the existing ACP until such time as a pr oposed 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 which ma y 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, or (ii) the
information s ubmitted pursuant to the approval process set forth in subsection C of this section is no longer valid, or (iii) the ACP emissions are exceeding the ACP limit specified in the ACP agreement approving an ACP, then the board will modify the ACP

as necessary to ensure that the ACP meets all requirements of this article and that the
ACP emissions will not exceed the ACP limit. Modifications of ACPs are considered case decisions and will be processed using the procedures prescribed in 9VAC5

- 170 and Article 3 (§ 2.2

- 4018 et seq.) of the Administrative Process Act.

2. If any applicable VOC standards specified in 9VAC5

- 40

- 7270 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.COMMONWEALTH OF VIRGINIA PAGE 81 of 92
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### 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

- 40

- 7270 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;

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% o r 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 consi stently failed to take the necessary steps to correct

those violations.

3. Cancellations of ACPs are considered case decisions and will be processed using the procedures prescribed in 9VAC5

- 170 and Article 3 (§ 2.2

- 4018 et seq.) of the Administrative Pr ocess Act.

4. The responsible ACP party for an ACP which 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:COMMONWEALTH OF VIRGINIA PAGE 82 of 92
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### a. All remaining shortfalls in effe ct 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

- 40

- 7270 A immediate ly 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 which may not be claimed as confidential. All other information submitted to the board to meet the requirements of this article shall be

handled in accordance with the procedures specified in §§ 10.1

- 1314 and 10.1

- 1314.1 of the Air Pollution Control Law of Virginia and 9VAC5

- 170

- 60.

L. A responsible ACP party may transfer an ACP to another responsible ACP party, provided that all of the following co nditions 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 th e 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 responsibl e 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 th is 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

agreemen t 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 4

- 50A for the period of time that the CARB ACP agreement remains in effect p rovided that all ACP products within the CARB ACP agreement are

contained in Table 4

- 50A. 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 condi tions established by CARB applicable to the exemption andCOMMONWEALTH OF VIRGINIA PAGE 83 of 92
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### certification that the manufacturer will comply with the CARB ACP decision for those ACP products in the areas specified in 9VAC5

- 40

- 7240 B.

9VAC5

- 40

- 7290. Innovative products

. (Repealed.)

A. Man ufacturers 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

- 40

- 7270 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

pr oduct which complies with the VOC limits specified in 9VAC5

- 40

- 7270 A, or

b. The calculated VOC emissions from a noncomplying representative product, if the product had been reformulated to comply with the VOC limits specified in 9VAC5

- 40

- 7270 A. VOC emissions shall be calculated using the following equation:

where

E R 

### = The VOC emissions from the noncomplying representative product,

had it been reformulated.

E NC 

### = The VOC emissions from the noncomplying representative prod uct
in its current formulation.

VOC STD 

### = the VOC limit specified in Table 4

- 50A.

VOC NC 

### = the VOC content of the noncomplying product in its current

formulation.

If a manufacturer demonstrates that this equation yields inaccurate results due to some characteristic of the product formulation or other factors, an alternative method which accurately calculates emissions may be used upon approval of the board.

2. For the purposes of this subsection, “representative consumer product” means a consumer pr oduct which meets all of the following criteria: NC STD NC

R 

### VOC VOC x E

= ECOMMONWEALTH OF VIRGINIA PAGE 84 of 92
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### a. The representative product shall be subject to the same
VOC limit in 9VAC5

- 40

- 7270 A as the innovative product;

b. The representative product shall be of the same product form as the innovative pr oduct, unless the innovative product uses a new form which 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 produ ct 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 inclu de 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, th e applicant must provide the information necessary to enable the board to establish enforceable conditions for granting the exemption, including the VOC content for the innovative product and test methods for determining the VOC content. All information s ubmitted by a manufacturer pursuant to this section shall be handled in accordance with the procedures specified in §§ 10.1

- 1314 and 10.1

- 1314.1 of the Air Pollution Control Law of Virginia and 9VAC5

- 170

- 60.

4. Within 30 days of receipt of the exemption application, the board will determine whether an application is complete.

5. Within 90 days after an application has been deemed complete, the board will determine whether, under what conditions, and to what extent an exemption from the requirements of 9VAC5

- 40

- 7270 A will be permitted. The applicant and the board may mutually agree to a longer time period for reaching a decision, and additional supporting documentation may be submitted by the applicant before a

decision has been reached. The board wi ll 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 re ductions 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

de termined 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.COMMONWEALTH OF VIRGINIA PAGE 85 of 92
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### 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 bo ard within 30 days if the manufacturer learns of information which would alter the emissions estimates submitted to the board in support of the exemption application.

8. If the VOC limits specified in 9VAC5

- 40

- 7270 A are lowered for a product category t hrough a subsequent rule

- making, 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 bo ard at least 60 days before the effective date of such limits.

9. If the board believes that a consumer product for which an exemption has been granted no longer meets the criteria for an innovative product specified in subdivision 1 of this subsection, the board may modify or revoke the exemption as necessary to assure that the product will meet these criteria. Modifications and revocations of exemptions are considered case decisions and will be processed using the procedures prescribed in 9VAC5

- 170 an d Article 3 (§ 2.2

- 4018 et seq.) of the Administrative Process Act.

B. In granting an exemption under this section, the board will take into consideration whether the applicant has been granted an innovative product exemption by CARB. A manufacturer of consumer products that has been granted an innovative product exemption by the CARB under the innovative products provisions in Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section 94503.5
of Title 17 of the California Code of Re gulations (see 9VAC5

- 20

- 21) may be exempt
from Table 4

- 50A 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 4

- 50A. 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 th at the manufacturer will comply with the CARB innovative product exemption decision for those products in the areas specified in 9VAC5

- 40

- 7240 B.

9VAC5

- 40

- 7300. Administrative requirements

. (Repealed.)

A. Each manufacturer of a consumer product subject to 9VAC5

- 40

- 7270 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. TheCOMMONWEALTH OF VIRGINIA PAGE 86 of 92
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### date or 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 disassembling a part of the container or packaging. This date or code shall be displayed on each consumer product container or package no later than the effec tive date of the applicable standard specified in 9VAC5

- 40

- 7270 A. No person shall erase, alter, deface, or otherwise remove or make illegible a date or code from a regulated product container without the express authorization of the manufacturer. The

req uirements of this provision shall not apply to products containing no VOCs or containing VOCs at 0.10% by weight or less.

B. If a manufacturer uses a code indicating the date of manufacture for a consumer product subject to 9VAC5

- 40

- 7270, an explanation of the code must be filed with the board upon request by the board.

C. Notwithstanding the definition of “product category” in 9VAC5

- 40

- 7260 C, if anywhere on the principal display panel of a consumer product, a representation is made that the product ma y be used as or is suitable for use as a consumer product for which a lower VOC limit is specified in 9VAC5

- 40

- 7270 A, then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners and antiperspirant or deodorant produ cts.

D. Provisions follow concerning additional labeling requirements for aerosol

adhesives.

1. In addition to the requirements specified in subsections A and C of

this section and in 9VAC5

- 40

- 7360, both the manufacturer and responsible party for

each aerosol adhesive product subject to this article shall ensure that all products clearly display the following information on each product container which is manufactured on or after July 1, 2005.

a. The aerosol adhesive category as specified in 9VAC5

- 40

- 7270 A or an abbreviation of the category shall be displayed;

b. (1) The applicable VOC standard for the product that is specified in 9VAC5

- 40

- 7270 A, expressed as a percentage by weight, shall be displayed unless the product is included in an alter native control plan approved by the board, as provided in 9VAC5

- 40

- 7280;

(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

- 40

- 7270 A, the product shall be labeled with the term “ACP” or “ACP product”;

(3) If the product is classified as a special purpose sprayCOMMONWEALTH OF VIRGINIA PAGE 87 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### adhesive, the applicable substrate or application or an abbreviation of the substrate or application that qualifies the product as spec ial purpose shall be displayed;

(4) 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 req uired 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 ma y 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

- 40

- 7310. Standard for toxic pollutants

. (Repealed.)

The provisions of Article 4 ( 9VAC5

- 60

- 200 et seq.) of 9VAC5 Chapter 60 (Emission Standards for Toxic Pollutants from Existing Sources, Rule 6

- 4) do not apply.

9VAC5

- 40

- 7320. Compliance

. (Repealed.)

The provisions of subsections B, D, F, and J of 9VAC5

- 40

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

- 40

- 20 do not apply.

9VAC5

- 40

- 7330. Compliance schedules

. (Repealed.)

Affected persons shall comply with the provisions of this article as expeditiously as possible but in no case later than :

1. January 1, 2005 in the Northern Virginia VOC Emissions Control Area; or

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

Area.

9VAC5

- 40

- 7340. Test methods and procedu res

. (Repealed.)

A. The provisions of 9VAC5

- 40

- 30 (Emission testing) apply.

B. 1. Testing to determine compliance with the requirements of this article shall be performed using CARB Method 310 (see 9VAC5

- 20

- 21). Alternative methods that can accurately determine the concentration of VOCs in a subject productCOMMONWEALTH OF VIRGINIA PAGE 88 of 92
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### or its emissions may be used consistent with the approval requirements of 9VAC5

- 40

- 20 A 2.

2. In sections 3.5, 3.6, and 3.7 of CARB Method 310 (see 9VAC5

- 20

- 21), a process is specified for the “In itial Determination of VOC Content” and the “Final Determination of VOC Content.” Information submitted to the board may be claimed as confidential; such information will be handled in accordance with the confidentiality procedures specified in §§ 10.1

- 131 4 and 10.1

- 1314.1 of the Air Pollution Control Law of Virginia and 9VAC5

- 170

- 60.

C. For VOC content determinations using product formulation and records, testing to determine compliance with the requirements of this article may also be

demonstrated throu gh calculation of the VOC content from records of the amounts of constituents used to make the product pursuant to the following criteria:

1. Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records must be kept for at least three years.

2. For the purposes of this subsection, the VOC content shall be

calcul ated according to the following equation:

where

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

B = total weight of all VOCs per unit.

C = total weight of all exempted VOCs per unit, as specified in 9VAC5

- 40

- 7250.

3. If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310 (see 9VAC5

- 20

- 21), the results of CARB Method 310 shall take precedence over the p roduct records and may be used to establish a violation of the requirements of this article.

D. Testing to determine whether a product is a liquid or solid shall be performed using ASTM “Standard Test Method for Determining Whether a Material is a Liquid or a Solid” (see 9VAC5

- 20

- 21). A 100) x C) ((B

= Content VOC **−**COMMONWEALTH OF VIRGINIA PAGE 89 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### E. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition M ethod Compliance Certification Protocol (see 9VAC5

- 20

- 21).

F. Testing to determine distillation points of petroleum distillate

- based charcoal lighter materials shall be performed using ASTM “Standard Test Method for

Distillation of Petroleum Products at Atmospheric Pressure” (see 9VAC5

- 20

- 21).

G. No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the indiv idual product, and other tests, processes, or records used in connection with product manufacture.

9VAC5

- 40

- 7350. Monitoring

. (Repealed.)

The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 7360. Notification, records and reporting

. (Repealed.)

A. The provisions of subsections D, E, F, and H of 9VAC5

- 40

- 50 (Notification, records and reporting) apply. The other provisions of 9VAC5

- 40

- 50 do not apply.

B. Upon 90 days written notice, the board may require a responsible party to report informatio n for a consumer product the board may specify, including, but not limited to, all or part of the following information:

1. The name of the responsible party and the party's address, telephone number, and designated contact person;

2. A claim of conf identiality made pursuant to 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 p roduct 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;COMMONWEALTH OF VIRGINIA PAGE 90 of 92
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REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### 7. Separate sales in pounds per year, to the nearest pound, and the

metho d used to calculate sales for each product form;

8. For registrations submitted by two companies, an identification of the company which is submitting relevant data separate from that submitted by the responsible party. All registration information fro m 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

- te nth 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 non

- carbon

- containing compounds;

e. Total fragrance;

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

(1) The percent of fragrances that are LVP

- VOCs, and;

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

containing compounds;

g. Total paradichlorobenzene;

10. For ea ch 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 propellent for each product;COMMONWEALTH OF VIRGINIA PAGE 91 of 92
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### 12. If applicable, an identification of the type of propellent;

C. In addition to the requirements of subdivision B 10 of this section, the responsible party shall report to the board the ne t percent by weight of each ozone

depleting compound which is:

1. Listed in 9VAC5

- 40

- 7270 H; and

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

D. All information submi tted by responsible parties pursuant to this section shall be handled in accordance with the procedures specified in §§ 10.1

- 1314 and 10.1

- 1314.1 of the Air Pollution Control Law of Virginia and 9VAC5

- 170

- 60.

E. Provisions follow concerning special repor ting 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

- 40

- 7270 A and contain perchloroet hylene 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 report the following information for products sold during each calendar year, beginning with the year of the applicable compliance date specified in 9VAC5

- 40

- 7330, 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 percent, to the nearest 0.10%, ofCOMMONWEALTH OF VIRGINIA PAGE 92 of 92
STATE AIR POLLUTION CONTROL BOARD

REGULATIONS FOR THE CONTROL AND ABATEMENT OF AIR POLLUTION (9VAC5 CHAPTER 40)



### perchloroethylene and methylene chloride in the consumer product;

3. The information specified in subdivision 2 of this subsection shall be reported for each calendar year by March 1 of the following year. The first report shall be due on March 1 of the calendar year following the year of the applicable compliance date specified in 9VAC5

- 40

- 7330. A new report is due on March 1 of each year thereafter, until March 1, 2011, when the last report is due.

TEMP LATES \ NOIRA \ REG

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REG \ DEV \ A12

- REG

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### 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 51.102(a), a public comment period to provide the opportunity

to submit written comment s concerning a propose d revision to the Commonwealth of Virginia State Implementation Plan was held from February 25 to March 27 , 2013

.

As required by 40 CFR Part 51.102 (a) and (d)(1) and (2), the public was given notice of

the public comment period in the Virginia Register of Regulations , along with the location of the proposal for public inspection, on February 25 , 201 3

. The notice included procedures to afford the public the opportunity to request that a hearing be held pursuant to 40 CFR 51.102(a); no such request was rece ived. The attached copy of the notice provides the evidence required by Section 2.1(f) of Appendix V of 40 CFR

Part 51.

The Regional Administrator for the U.S. Environmental Protection Agency was notified
of the public comment period , as was each local air pollution control agency which will be significantly affected by the revision and is located in the affected Air Quality Control Regions. In addition, the District of Columbia, Maryland and Tennessee, which share affected interstate Air Quality Contro l Regions with Virginia, were notified of the public

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

COMPLIANCE WITH STATE ADMINISTRATIVE PROCEDURES

A true copy of the official regulation (Revision A 12 ) which was published in the Virginia Register of Regulations on August 13 , 2012 after being duly adopted by the State Air
Pollution Control Board on March 23, 2012 , certified by the Office of the Attorney General as within the Board’s statutory authorit y on March 28 , 2012 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 July 23, 2012

. As re quired 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 Septem ber 27, 2012

.

TEMPLATES \ SIP

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- 2.DOC

## General Notices/Errata

Volume 29, Issue 13 Virginia Register of Regulations February 25, 2013

1745 Maury

River Buena Vista

and Rockbridge 12.84 mi

Cedar

Creek Rockbridge 11.49

In addition, Colliers Creek does not host a healthy and diverse population of aquatic life, and subsequently was listed

as impaired for the "General Benthic (Aquatic life)" water quality standard. This water quality study will review all data collected and determine the cause of the benthic impairment through a weight of evidence approach. Reductions and a

TMDL for the cause of the impairment will be developed.

Stream County Length (miles) Impairment

Colliers

Creek Rockbridge 13.77 mi Aquatic Life

How to comment: The public comment period for these public meetings will end on April 8, 2013. Written comments should include the name, address, and telephone number of the person submitting the comments and should be sent to: Tara Sieber, Department of E nvironmental Quality, Valley Regional Office, P.O. Box 3000, Harrisonburg, VA 22801, telephone (540) 574

- 7870, FAX (540) 574

- 7878, or email tara.sieber@deq.virginia.gov

.

State Implementation Plan Revision (Proposed)

- Consumer and Commercial Products (Rev. A12)

Notice of action: The Department of Environmental Quality (DEQ) is announcing an opportunity for public comment on a proposed revision to the Commonwealth of Virginia State Implementation Plan (SIP) . The SIP is a plan developed by the Commonwealth in order to fulfill its responsibilities under

the federal Clean Air Act to attain and maintain the ambient air quality standards promulgated by the U.S. Environmental Protection Agency (EPA) under the Act. The Commonwealth intends to submit the regulation revisions to EPA as a revision to the SIP in accordance with the requirements of § 110(a) of the federal Clean Air Act.

Regulations affected: The regulations affected by this action

are as follows: Emissio n Standards for Asphalt Paving Operations (Article 39), Emission Standards for Portable Fuel Container Spillage (Article 42), Emission Standards for Architectural and Industrial Maintenance Coatings (Article 49), and Emission Standards for Consumer Product s (Article 50) of 9VAC5

- 40 (Existing Stationary Sources).

Purpose of notice: DEQ is seeking comment on the issue of whether the regulation amendments (repeals of the above

listed articles) should be submitted as a revision to the SIP; i.e., whether referen ce to the repealed articles should be

removed from the SIP. Public comment period: February 25, 2013, to March 27,

2013.

Public hearing: A public hearing may be conducted if a request is made in writing to the contact listed below. In order

to be considere d, the request must include the full name, address, and telephone number of the person requesting the hearing and be received by DEQ by the last day of the comment period. Notice of the date, time, and location of any requested public hearing will be annou nced in a separate

notice and another 30

- day comment period will be conducted.

Public comment stage: Because the regulation amendments have been adopted by the board in accordance with the Administrative Process Act and have subsequently become effective, DEQ is accepting comment only on the issue cited above under "purpose of notice" and not on the content of the regulation amendments.

Description of proposal: This revision consists of removing Articles 39, 42, 49, and 50 of 9VAC5

- 40 from the SIP

because t hey were repealed in their entirety. These articles were repealed because they have been replaced by corresponding articles in 9VAC5

- 45 (Consumer and Commercial Products), which contains updated provisions for controlling emissions from asphalt paving oper ations, portable fuel containers, architectural and industrial maintenance coatings, and consumer products. The provisions

of 9VAC5

- 45 were not affected by the repeal of these regulations. There is therefore no longer a need for reference to the repealed r egulations in Virginia's SIP.

Federal information: This notice is being given to satisfy the public participation requirements of federal regulations (40 CFR 51.102) and not any provision of state law. The proposal

will be submitted as a revision to the Co mmonwealth of Virginia SIP under § 110(a) of the federal Clean Air Act in accordance with 40 CFR 51.104. It is planned to submit all provisions of the proposal as a revision to the Commonwealth of Virginia SIP.

How to comment: DEQ accepts written comments by email, fax, and postal mail. In order to be considered, comments must include the full name, address, and telephone number of the person commenting and be received by DEQ by the last day of the comment period. All materials received are part of the publ ic record.

To review regulation documents: The proposal and a supporting document are available on the DEQ Air Public

Notices for Plans website (http://www.deq.state.va.us/Programs/Air/PublicNotices/airpl ansandprograms.aspx). The documents may also be obta ined by contacting the DEQ representative named below. The public may review the documents between 8:30 a.m. and

4:30 p.m. of each business day until the close of the public comment period at the following DEQ locations:

## General Notices/Errata

Volume 29, Issue 13 Virginia Register of Regulations February 25, 2013

1746 1) Main Street Office, 629 East Main Street, 8th Floor, Richmond, VA, telephone (804) 698

- 4070,

2) Southwest Regional Office, 355 Deadmore Street, Abingdon, VA, telephone (540) 676

- 4800,

3) Blue Ridge Regional Office, Roanoke Location, 3019

Peters Creek Road, Roanoke, VA, telephone (540) 562

- 6700,

4) Blue Ridge Regional Office, Lynchburg Location, 7705 Timberlake Road, Lynchburg, VA, telephone (804) 582

- 5120,

5) Valley Regional Office, 4411 Early Road, Harrisonburg, VA, telephone (540) 574

- 7800,

6) Pie dmont Regional Office, 4949

- A Cox Road, Glen Allen, VA, telephone (804) 527

- 5020,

7) Northern Regional Office, 13901 Crown Court, Woodbridge, VA, telephone (703) 583

- 3800, and

8) Tidewater Regional Office, 5636 Southern Blvd., Virginia Beach, VA, telepho ne (757) 518

- 2000.

Contact Information: Karen G. Sabasteanski, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4426, FAX (804)

698

- 4510, TDD (804) 698

- 4021, or email karen.sabasteanski@deq.v irginia.gov.

STATE LOTTERY DEPARTMENT

Director's Orders

The following Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on January 16, 2013, and January 28, 2013. The orders may be viewed at the State L ottery Department, 900 East Main Street, Richmond, VA, or at the office of the Registrar of Regulations, 910 Capitol Street, 2nd Floor, Richmond, VA.

Director's Order Number Four (13)

"Valley's February 2013 Retailer Incentive Promotion" Virginia Lottery R etailer Incentive Program Requirements (effective January 17, 2013)

Director's Order Number Six (13)

Virginia's Instant Game Lottery 1397 "20X The Money" Final Rules for Game Operation (effective January 23, 2013)

Director's Order Number Seven (13)

Virgini a Lottery's "Pet Lovers Sweepstakes" Final Requirements for Operation (effective January 23, 2013)

Director's Order Number Eight (13)

Virginia's Instant Game Lottery 1421 "Pet Lovers" Final Rules for Game Operation (effective January 23, 2013) * * *

The fo llowing Director's Orders of the State Lottery Department were filed with the Virginia Registrar of Regulations on January 24, 2013.

Director's Order Number Sixteen (13)

Certain Virginia Instant Game Lotteries; End of Games.

In accordance with the authorit y granted by §§ 2.2

- 4002 B 15

and 58.1

- 4006 A of the Code of Virginia, I hereby give notice that the following Virginia Lottery instant games will officially end at midnight on January 25, 2013.

Game 1085 Maximum Millions

Game 1227 Blackjack Bonus

Game 1236 Hot $1,000

Game 1248 Casino Cash

Game 1260 Diamond 7's

Game 1284 Emerald 8's

Game 1295 Cash Line Bingo (TOP)

Game 1298 Ace in the Hole

Game 1306 $100,000 Cash Cyclone (TOP)

Game 1325 Super Lucky 8's

Game 1352 Double Match

Game 1366 Hasbro

Game 1375 Holiday Cheer

Game 1376 Cashing Through the Snow

Game 1377 Trim the Tree

Game 1378 Gift Tree

The last day for lottery retailers to return for credit unsold tickets from any of these games will be March 1, 2013. The last day to redeem winning tickets for any of these games will be July 24, 2013, 180 days from the declared official end of the game. Claims for winning tickets from any of these games will not be accepted after that date. Claims that are mailed and received in an envelope bearing a postmark of the United States Postal Service or another sovereign nation of July 24, 2013, or earlier, will be deemed to have been received on time. This notice amplifies and conforms to the duly adopted State Lottery Board regulations for the conduct of lottery

games.

This order is available for inspection and copying during normal business hours at the Virginia Lottery headquarters, 900 East Main Street, Richmond, Virginia; and at any Virginia Lottery regional office. A copy may be requested by mail by w riting to Director's Office, Virginia Lottery,

900 East Main Street, Richmond, Virginia 23219.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

1995 2. Documentation of measurable and enforceable incremental steps of progress to be taken towards compliance with the emission guidelines, including:

a. If applicabl e, date for submitting a petition for site

specific operating parameters under 40 CFR 60.56c(i);

b. Date for submittal of the control plan;

c. Date for obtaining services of an architectural and engineering firm regarding the air pollution control device(s);

d. Date for obtaining design drawings of the air pollution control device(s);

e. Date for ordering the air pollution control device(s);

f. Date for obtaining the major components of the air pollution control device(s);

g. Date for initiation of site preparation for installation of the air pollution control device(s);

h. Date for initiation of installation of the air pollution

control d evice(s);

i. Date for initial startup of the air pollution control device(s);

j. Date for initial emissions test(s) of the air pollution control device(s); and

k. Date for final compliance.

9VAC5

- 40

- 6210. Registration. (Repealed.)

The provisions of 9VA C5

- 20

- 160 (Registration) apply.

9VAC5

- 40

- 6220. Facility and control equipment

maintenance or malfunction. (Repealed.)

The provisions governing facility and control equipment

maintenance or malfunction shall be as follows:

1. With regard to the emissions standards in 9VAC5

- 40

- 6120, 9VAC5

- 40

- 6130, and 9VAC5

- 40

- 6140, the provisions of 9VAC5

- 20

- 180 (Facility and control equipment maintenance or malfunction) apply.

2. With regard to the emission limits in 9VAC5

- 40

- 6020 through 9VAC5

- 40

- 6110, the following pro visions apply:

a. 9VAC5

- 20

- 180 A, B, C, D, H, and I.

b. 9VAC5

- 40

- 6180 B.

c. 9VAC5

- 40

- 6190 B 4, 7 and 8.

9VAC5

- 40

- 6230. Permits. (Repealed.)

A permit may be required prior to beginning any of the activities specified below if the provisions of 9VAC5 Chapter 50 (9VAC5

- 50

- 10 et seq.) and 9VAC5 Chapter 80 (9VAC5

- 80

- 10 et seq.) apply. Owners contemplating such action should review those provisions and contact the appropriate regional office for guidance on whether those provisions apply.

1. Construction of a facility.

2. Reconstruction (replacement of more than half) of a facility. 3. Modification (any physical change to equipment) of a facility.

4. Relocation of a facility.

5. Reactivation (restart

- up) of a facility.

6. Operation of a facility.

VA.R. Doc. No. R12

- 3018; Filed July 23, 2012, 10:15 a.m.

Fast

- Track Regulation

Title of Regulation: 9VAC5

- 40. Existing Stationary

Sources (Rev. A12) (repealing 9VAC5

- 40

- 5490 through

9VAC5

- 40

- 7360).

Statutory Authority: § 10.1

- 1308 of the Code of Virginia; federal Clean Air Act (§§ 110, 111, 123, 129, 171, 172, and 182); 40 CFR Parts 51 and 60.

Public Hearing Information: No public hearings are

scheduled.

Public Comment Deadline: September 12, 2012.

Effective Date: September 27, 2012.

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

- 4103, FAX (804)

698

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

Basis: Chapter 13 of Title 10.1 (§ 10.1

- 1300 et seq.) of the Code of Virginia authorizes the State Air Pollution Control Board to pro mulgate regulations abating, controlling, and prohibiting air pollution to protect public health and welfare. Written assurance from the Office of the Attorney General that the State Air Pollution Control Board possesses the statutory authority to promulga te the proposed regulation amendments is available upon request.

Identification of Specific Applicable Federal Requirements

Ozone is formed by complex series of reactions between nitrogen oxides (NO x ) and volatile organic compounds (VOCs) under the influe nce of solar ultraviolet radiation (sunlight). Ozone shows a very strong diurnal (daily) and seasonal (April to October) cyclical character. Ozone injures vegetation, has adverse effects on materials (rubber and fabrics), and is a pulmonary irritant that a ffects respiratory mucous membranes, lung tissues, and respiratory functions.

The original ozone air quality standard that was the focus of air quality planning requirements after the promulgation of

the 1990 Amendments to the Clean Air Act was a 1

- hour

st andard. Since then, EPA has promulgated a new 8

- hour ozone air quality standard and associated designation of nonattainment areas, which necessitates the initiation of new plans and regulatory actions.

40 CFR Part 81 specifies the designations of areas mad e under § 107(d) of the CAA and the associated nonattainment classification (if any) under § 181 of the CAA or 40 CFR 51.903(a), as applicable. On April 30, 2004 (69 FR 23858), EPA published its final decision as to the 8

- hour

nonattainment areas and assoc iated classifications. The new

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

1996 designations are effective June 15, 2004. The Commonwealth of Virginia designations are in 40 CFR 81.347.

40 CFR Part 51, Subpart X, contains the provisions for the implementation of the 8

- hour ozone NAAQS, along with the

ass ociated planning requirements. On April 30, 2004 (69 FR 23951), EPA published phase 1 of its final rule adding Subpart X to 40 CFR Part 51. Specifically, 40 CFR 51.903(a)

sets forth the classification criteria and nonattainment dates

for 8

- hour ozone nonat tainment areas once they are designated as such under 40 CFR Part 81. The remainder of the planning requirements (phase 2) were published on November 29, 2005 (70 FR 71612).

On March 27, 2008 (73 FR 16436), EPA published revised primary and secondary ozone NAAQS, revising both downward to 0.075 ppm. EPA has yet to publish implementation guidance for the change. States have until March 12, 2009, to recommend new nonattainment areas

under the new standards.

The state regulations established VOC and NOx emissi ons control areas to provide the legal mechanism to define the geographic areas in which Virginia implements control measures to attain and maintain the air quality standards for ozone. The emissions control areas may or may not coincide

with the nonattain ment areas, depending on the necessity of the planning requirements.

General Federal Requirements

Sections 109 (a) and (b) of the Clean Air Act (CAA) require EPA to prescribe primary and secondary air quality standards to protect public health and welfare, respectively, for each air pollutant for which air quality criteria were issued before the

enactment of the 1970 Clean Air Act. These standards are known as the National Ambient Air Quality Standards (NAAQS). Section 109 (c) requires the U.S. Environmenta l Protection Agency (EPA) to prescribe such standards simultaneously with the issuance of new air quality criteria for any additional air pollutant. The primary and secondary air quality criteria are authorized for promulgation under § 108.

Once the NAAQS are promulgated pursuant to § 109, § 107(d) sets out a process for designating those areas that are in compliance with the standards (attainment or unclassifiable) and those that are not (nonattainment). Governors provide the initial recommendations but EP A makes the final decision. Section 107(d) also sets forth the process for redesignations once the nonattainment areas are in compliance with the applicable NAAQS.

Section 110(a) of the CAA mandates that each state adopt and submit to EPA a plan which prov ides for the implementation, maintenance, and enforcement of each primary and secondary air quality standard within each air quality control region in the state. The state implementation plan shall be adopted only after reasonable public notice is given an d public hearings are held. The plan shall include provisions to accomplish, among other tasks, the following: (1) establish enforceable emission limitations and other control measures as necessary to comply with the provisions of the CAA, including econom ic incentives such as fees, marketable permits, and auctions of emissions rights;

(2) establish schedules for compliance;

(3) prohibit emissions which would contribute to

nonattainment of the standards or interference with maintenance of the standards by a ny state; and

(4) require sources of air pollution to install, maintain, and replace monitoring equipment as necessary and to report periodically on emissions

- related data.

40 CFR Part 50 specifies the NAAQS: sulfur dioxide, particulate matter, carbon mon oxide, ozone (its precursors are nitrogen oxides and volatile organic compounds), nitrogen dioxide, and lead.

40 CFR Part 51 sets out requirements for the preparation, adoption, and submittal of state implementation plans. These requirements mandate that a ny such plan shall include several provisions, including those summarized below.

Subpart G (Control Strategy) specifies the description of control measures and schedules for implementation, the description of emissions reductions estimates sufficient to

at tain and maintain the standards, time periods for demonstrations of the control strategy's adequacy, an emissions inventory, an air quality data summary, data availability, special requirements for lead emissions, stack height provisions, and intermittent control systems.

Subpart K (Source Surveillance) specifies procedures for emissions reports and record

- keeping, procedures for testing, inspection, enforcement, and complaints, transportation control measures, and procedures for continuous emissions

monito ring.

Subpart L (Legal Authority) specifies the requirements for legal authority to implement plans. Section 51.230 under Subpart L specifies that each state implementation plan must show that the state has the legal authority to carry out the plan, includ ing the authority to perform the following actions:

(1) adopt emission standards and limitations and any other measures necessary for the attainment and maintenance of the national ambient air quality standards;

(2) enforce applicable laws, regulations, an d standards, and seek injunctive relief;

(3) abate pollutant emissions on an emergency basis to prevent substantial endangerment to the health of persons;

(4) prevent construction, modification, or operation of a facility, building, structure, or installat ion, or combination thereof, which directly or indirectly results or may result in emissions of any air pollutant at any location which will prevent the attainment or maintenance of a national standard;

(5) obtain information necessary to determine whether air pollution sources are in compliance with applicable laws, regulations, and standards, including authority to require

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

1997 record

- keeping and to make inspections and conduct tests of air pollution sources;

(6) require owners or operators of stationary sourc es to install, maintain, and use emission monitoring devices and to make periodic reports to the state on the nature and amounts of emissions from such stationary sources; and

(7) make emissions data available to the public as reported

and as correlated w ith any applicable emission standards or

limitations.

Section 51.231 under Subpart L requires the identification of legal authority as follows:

(1) the provisions of law or regulation which the state determines provide the authorities required under this s ection must be specifically identified, and copies of such laws or regulations must be submitted with the plan; and

(2) the plan must show that the legal authorities specified in this subpart are available to the state at the time of submission of the plan

. Subpart N (Compliance Schedules) specifies legally enforceable compliance schedules, final compliance schedule dates, and conditions for extensions beyond one year.

Part D describes how nonattainment areas are established, classified, and required to mee t attainment.

Subpart 1 provides the overall framework of what nonattainment plans are to contain, while Subpart 2 provides more detail on what is required of areas designated

nonattainment for ozone.

Section 171 defines "reasonable further progress,"

"non attainment area," "lowest achievable emission rate," and

"modification."

Section 172(a) authorizes EPA to classify nonattainment areas for the purpose of assigning attainment dates. Section 172(b) authorizes EPA to establish schedules for the

submission of plans designed to achieve attainment by the specified dates. Section 172(c) specifies the provisions to be included in each attainment plan, as follows:

(1) the implementation of all reasonably available control measures as expeditiously as practicable an d shall provide for the attainment of the national ambient air quality standards;

(2) the requirement of reasonable further progress;

(3) a comprehensive, accurate, current inventory of actual emissions from all sources of the relevant pollutants in the

no nattainment area;

(4) an identification and quantification of allowable emissions

from the construction and modification of new and modified major stationary sources in the nonattainment area;

(5) the requirement for permits for the construction and

operat ions of new and modified major stationary sources in the nonattainment area;

(6) the inclusion of enforceable emission limitations and such other control measures (including economic incentives such as fees, marketable permits, and auctions of emission rig hts) as well as schedules for compliance;

(7) if applicable, the proposal of equivalent modeling, emission inventory, or planning procedures; and

(8) the inclusion of specific contingency measures to be

undertaken if the nonattainment area fails to make re asonable further progress or to attain the national ambient air quality standards by the attainment date.

Section 172(d) requires that attainment plans be revised if EPA finds inadequacies. Section 172(e) authorizes the issuance of requirements for nonatta inment areas in the event of a relaxation of any national ambient air quality standard. Such requirements shall provide for controls which are not less stringent than the controls applicable to these same areas

before such relaxation.

Section 107(d)(3)(D) provides that a state may petition EPA to redesignate a nonattainment area as attainment and EPA may approve the redesignation subject to certain criteria being met. Section 107(d)(3)(E) stipulates one of these criteria, that EPA must fully approve a maint enance plan that meets the requirements of § 175A.

According to § 175A(a), the maintenance plan must be part of a SIP submission, and must provide for maintenance of the NAAQS for at least 10 years after the redesignation. The plan must contain any additio nal measures, as needed, to ensure maintenance. Section 175A(b) further requires that 8 years after redesignation, a maintenance plan for the next 10 years must then be submitted. As stated in § 175A(c), nonattainment requirements continue to apply until t he SIP submittal is approved. Finally, § 175A(d) requires that the maintenance plan contain contingency provisions which will be implemented should the area fail to maintain the NAAQS as provided for in the original plan.

Under Part D, Subpart 2, § 181 set s forth the classifications

and nonattainment dates for 1

- hour ozone nonattainment areas once they are designated as such under § 107(d).

Section 182(a)(2)(A) requires that the existing regulatory program requiring reasonably available control technology ( RACT) for stationary sources of volatile organic compounds (VOCs) in marginal nonattainment areas be corrected by May 15, 1991, to meet the minimum requirements in existence prior to the enactment of the 1990 amendments. RACT is the

lowest emission limit t hat a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility. EPA has published control technology guidelines (CTGs) for various types of sources, the reby defining the minimum acceptable control measure or RACT for a particular source type.

Section 182(b) requires stationary sources in moderate nonattainment areas to comply with the requirements for sources in marginal nonattainment areas. The additiona l, more comprehensive control measures in § 182(b)(2)(A)

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

1998 require that each category of VOC sources employ RACT if the source is covered by a CTG document issued between

enactment of the 1990 amendments and the attainment date

for the nonattainment area. Se ction 182(b)(2)(B) requires that existing stationary sources emitting VOCs for which a CTG existed prior to adoption of the 1990 amendments also employ RACT.

Section 182(c) requires stationary sources in serious nonattainment areas to comply with the requi rements for sources in both marginal and moderate nonattainment areas.

Section 182(d) requires stationary sources in severe nonattainment areas to comply with the requirements for sources in marginal, moderate and serious nonattainment

areas.
Section 182(f

) extends the requirements for the control of

VOC emissions to emissions of NOx.

Section 184 establishes an Ozone Transport Region comprised of the States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsy lvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area that includes the District of Columbia. The Ozone Transport Commission is to assess the degree of interstate transport of the pollutant or precursors to the pollutant through out the transport region, assess strategies for mitigating the interstate pollution, and to recommend control measures to ensure that the plans for the relevant States meet the requirements of the Act.

40 CFR Part 81 specifies the designations of areas mad e under § 107(d) of the CAA and the associated nonattainment classification (if any) under § 181 of the CAA or 40 CFR 51.903(a), as applicable.

EPA has issued detailed guidance that sets out its preliminary views on the implementation of the air quality pl anning requirements applicable to nonattainment areas. This guidance is titled the "General Preamble for the Implementation of Title I of the Clean Air Act Amendments of 1990" (or "General Preamble"). See 57 FR 13498 (April 16, 1992) and 57 FR 18070 (April 28, 1992). The General Preamble has been supplemented with further guidance on Title I requirements. See 57 FR 55621 (Nov. 25, 1992) (guidance on NOx RACT requirements in ozone nonattainment areas). For this subject, the guidance provides

little more than a summary and reiteration of the provisions of

the Act.

On June 21, 2001, EPA issued formal guidelines for the "Ozone Flex Program." These guidelines set out eligibility requirements, what measures may be taken and how, and how localities, states and EPA are to develop and implement early reduction plans. On November 14, 2002, EPA issued a

schedule for 8

- hour ozone designations and its effect on early action compacts for potential 8

- hour nonattainment areas.

40 CFR Part 51, Subpart X, contains the provisio ns for the implementation of the 8

- hour ozone NAAQS, along with the associated planning requirements. Specifically, 40 CFR 51.903(a) sets forth the classification criteria and

nonattainment dates for 8

- hour ozone nonattainment areas once they are designate d as such under 40 CFR Part 81.

State Requirements

These specific amendments are not required by state mandate. Rather, Virginia's Air Pollution Control Law gives the State Air Pollution Control Board the discretionary authority to promulgate regulations " abating, controlling and prohibiting air pollution throughout or in any part of the Commonwealth" (§ 10.1

- 1308 A of the Code of Virginia). The law defines such air pollution as "the presence in the outdoor atmosphere

of one or more substances which are or may be harmful or injurious to human health, welfare or safety, to animal or plant life, or to property, or which unreasonably interfere with the enjoyment by the people or life or property" (§ 10.1

- 1300 of the Code of Virginia).

The Air Pollution Control Law (§ 10.1

- 1308 B of the Code of Virginia) specifically requires that any regulation that prohibits the selling of a consumer product not restrict the continued sale of the product by retailers of any existing inventories in stock at the time the regulati on is promulgated.

Purpose: The purpose of Articles 39, 42, 49, and 50 of

9VAC5

- 40 was to require owners to limit emissions of VOC, a precursor of ambient air ozone, from portable fuel containers, certain consumer products, architectural and

industrial mai ntenance coatings, and paving operations to the level necessary for (i) the protection of public health and welfare and (ii) the attainment and maintenance of the air quality standards in Virginia and in the northern Virginia

nonattainment area.

On Novembe r 20, 2009, the board adopted revised consumer and commercial product regulations in a new chapter,

9VAC5

- 45, which became effective on March 17, 2010. These regulations were adopted to allow Virginia to meet its obligation to implement control measures in areas designated

as nonattainment under the 8

- hour ozone standard and to implement contingency measures within former nonattainment areas that have been redesignated as ozone maintenance areas. The purpose of adopting new regulations in a new chapter was to consolidate the consumer and commercial product regulations to make it easier for the regulated entities and the public to locate and use the applicable regulations.

The purpose of repealing the original four consumer product regulations in 9VAC5

- 40 is to remove the outdated, less restrictive requirements in Chapter 40 that duplicate and conflict with the corresponding updated articles that were consolidated into the new Chapter 45. Repealing the earlier regulations will complete the process of consolida tion.

Rationale for Using Fast Track Process: There are more comprehensive and more restrictive consumer product requirements in 9VAC5

- 45 (that correspond to Articles 39, 42, 49, and 50 of 9VAC5

- 40) that are effective and have

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

1999 already been federally approved. Therefore, no objections to the repeal of the 9VAC5

- 40 consumer products requirements in Articles 39, 42, 49, and 50 are anticipated and the fast

track process is appropriate.

Substance: Article 39 (Emission Standards for Asphalt Paving Operations) of 9VAC5

- 40 is repealed in its entirety. It

has been replaced by Article 7 of 9VAC5

- 45, which contains updated provisions for controlling emissions from asphalt paving operations.

Article 42 (Emission Standards for Portable Fuel Container Spillage) of 9VAC5

- 40 is repealed in its entirety. It has been

re placed by Articles 1 and 2 of 9VAC5

- 45, which contain revised provisions for controlling emissions from portable

fuel containers.

Article 49 (Emissions Standards for Architectural and Industrial Maintenance Coatings) of 9VAC5

- 40 is repealed in its entirety . It has been replaced by Article 5 of 9VAC5

- 45, which contains updated provisions for controlling emissions from architectural and industrial maintenance coatings.

Article 50 (Emissions Standards for Consumer Products) of

9VAC5

- 40 is repealed in its entir ety. It has been replaced by

Articles 3 and 4 of 9VAC5

- 45, which contain revised provisions for controlling emissions from consumer products.

The provisions of 9VAC5

- 45, Consumer and Commercial Products, are not affected by this repeal.

Issues: The primar y advantage to the public is the removal of duplicative and conflicting regulatory regulations, which improves the public's ability to understand and comply with the most effective regulatory requirements. There are no disadvantages to the public.

The prim ary advantage to the department is the removal of regulations that are no longer necessary. There are no disadvantages to the department.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The

St ate Air Pollution Control Board (Board) proposes to repeal the consumer product portion (Article 39, Article 42, 49, and Article 50) of these regulations since those provisions have been duplicated and updated in the new chapter, 9VAC5

- 45 (Consumer and Com mercial Products).

Result of Analysis. The benefits likely exceed the costs for all proposed changes.

Estimated Economic Impact. The regulatory language in question has been superseded by provisions in the newly promulgated 9VAC5

- 45 (Consumer and Commercia l Products). Thus the proposed repeal of Article 39, Article 42, 49, and Article 50 in 9VAC540 will have no impact beyond perhaps reducing potential confusion amongst the public.

Businesses and Entities Affected. Since the regulatory language proposed for repeal has been superseded by provisions in the newly promulgated 9VAC5

- 45, there are no businesses or entities which are affected by the proposed repeal. The subject matter of the regulations applies to: 1) companies and members of the public who provide asphalt paving services, 2) companies and members of the public that use or consume portable fuel containers, architectural coatings, or consumer products, 3) companies that manufacture or supply asphalt paving products, portable fuel containers, architect ural coatings, or consumer products, and 4) businesses that apply asphalt pavement surfaces and coatings or architectural coatings. The Department of Environmental Quality estimates that there are as many as 3250 small businesses that might have an interes t in the proposed repeal, but none would be affected in any significant way due to the promulgation of 9VAC5

- 45.

Localities Particularly Affected. The proposed repeal of the regulatory language does not have a disproportionate effect on any particular loca lities.

Projected Impact on Employment. The proposed repeal of the regulatory language will not affect employment.

Effects on the Use and Value of Private Property. The proposed repeal of the regulatory language will not affect the use and value of privat e property.
Small Businesses: Costs and Other Effects. The proposed repeal of the regulatory language will not significantly affect

small businesses.

Small Businesses: Alternative Method that Minimizes Adverse Impact. The proposed repeal of the regulatory language will not significantly affect small businesses.

Real Estate Development Costs. The proposed repeal of the regulatory language will not affect real estate development

costs.
Legal Mandate. The Department of Planning and Budget (DPB) has analyzed t he economic impact of this proposed regulation in accordance with § 2.2

- 4007.04 of the

Administrative Process Act and Executive Order Number 14 (10). Section 2.2

- 4007.04 requires that such economic impact analyses include, but need not be limited to, the p rojected number of businesses or other entities to whom the regulation would apply, the identity of any localities and types of businesses or other entities particularly affected, the projected number of persons and employment positions to be affected,

the projected costs to affected businesses or entities to implement or comply with the regulation, and the impact on the use and value of private property. Further, if the proposed regulation has adverse effect on small businesses, § 2.2

- 4007.04 requires that such economic impact analyses include (i) an identification and estimate of the number of small businesses subject to the regulation; (ii) the projected reporting, recordkeeping, and other administrative costs required for small businesses to comply with the regulation, including the type of professional skills necessary for preparing required reports and other documents; (iii) a statement of the probable effect of the regulation on affected small businesses; and (iv) a description of any less intrusive

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2000 or less costly alternative methods of achieving the purpose of the regulation. The analysis presented above represents DPB's best estimate of these economic impacts.

Agency's Response to Economic Impact Analysis: The State

Air Pollution Control Board has rev iewed the economic impact analysis prepared by the Department of Planning and Budget and has no comment.

Summary:

The provisions of Articles 39, 42, 49, and 50 of 9VAC5

- 40 have been duplicated and updated in a new chapter,

9VAC5

- 45, Consumer and Commercial Products. This regulatory action repeals the older, outdated consumer product regulations in 9VAC5

- 40, Existing Stationary

Sources.

Article 39 Emission Standards for Asphalt Paving Operations (Rule 4

- 39)

9VAC5

- 40

- 5490. Applicability and designation of a ffected facility. (Repealed.)

A. The affected facility to which the provisions of this article apply is each asphalt paving operation.

B. The provisions of this article apply only to sources of volatile organic compounds in volatile organic compound emissions control areas designated in 9VAC5

- 20

- 206.

9VAC5

- 40

- 5500. Definitions. (Repealed.)

A. For the purpose of these regulations and subs equent amendments or any orders issued by the board, 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 here shall have the meanings given them in 9VAC5 Chapter 10 (9VAC 5

- 10

- 10 et seq.), unless otherwise required by context.

C. Terms defined.

"Asphalt" means a dark

- brown to black cementitious material (solid, semisolid, or liquid in consistency) in which the predominating constituents are bitumens which occur in

nature as such or which are obtained as residue in refining petroleum.

"Cutback asphalt" means asphalt cement which has been liquefied by blending with petroleum solvents (diluents). Upon exposure to atmospheric conditions the diluents evaporate, leaving the asp halt cement to perform its function.

"Emulsified asphalt" means an emulsion of asphalt cement and water which contains a small amount of an emulsifying agent; a heterogeneous system containing two normally immiscible phases (asphalt and water) in which the water forms the continuous phase of the emulsion, and minute globules of asphalt form the discontinuous phase.

"Penetrating prime coat" means an application of low

viscosity liquid asphalt to an absorbent surface. It is used to prepare an untreated base for an asphalt surface. The prime

pen etrates the base and fills the surface voids, hardens the top, and helps bind it to the overlying asphalt course. It also reduces the necessity of maintaining an untreated base course prior to placing the asphalt pavement.

9VAC5

- 40

- 5510. Standard for vola tile organic compounds. (Repealed.)

A. No owner or other person shall cause or permit the manufacture, mixing, storage, use or application of liquefied asphalt for paving operations unless such asphalt is of the emulsified asphalt type.

B. Regardless of t he provisions of subsection A of this section, the manufacture, mixing, storage, use or application of cutback asphalt is permitted under any of the following

circumstances:

1. When stockpile storage greater than one month is

necessary; 2. When use or ap plication during the months of November through March is necessary;

3. When use or application as a penetrating prime coat or tack coat is necessary; or

4. When the user can demonstrate that there are no volatile organic compound emissions from the aspha lt under

conditions of normal use.

C. The provisions of subsection A of this section do not preclude the manufacture, mixing, storage, use or application of heated asphalt cement as a component in asphaltic concrete mixing or for priming in surface treatm ent.
D. Notwithstanding the provisions of subsection A of this section, the manufacture, mixing, storage, use or application of emulsified asphalt containing volatile organic compounds is permitted provided the annual average of volatile organic compound content for all emulsified asphalts used does not exceed 6% of volatile organic compounds by volume.

9VAC5

- 40

- 5520. Standard for visible emissions. (Repealed.)

The provisions of Article 1 (9VAC5

- 40

- 60 et seq.) of this chapter (Emission Standards for Visib le Emissions and Fugitive Dust/Emissions, Rule 4

- 1) apply.

9VAC5

- 40

- 5530. Standard for fugitive dust/emissions. (Repealed.)

The provisions of Article 1 (9VAC5

- 40

- 60 et seq.) of this chapter (Emission Standards for Visible Emissions and Fugitive Dust/Emiss ions, Rule 4

- 1) apply.

9VAC5

- 40

- 5540. Standard for odor. (Repealed.)

The provisions of Article 2 (9VAC5

- 40

- 130 et seq.) of this chapter (Emission Standards for Odor, Rule 4

- 2) apply.

9VAC5

- 40

- 5550. Standard for toxic pollutants. (Repealed.)

The provision s of Article 3 (9VAC5

- 40

- 160 et seq.) of this chapter (Emission Standards for Toxic Pollutants, Rule 4

- 3) apply.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2001 9VAC5

- 40

- 5560. Compliance. (Repealed.)

The provisions of 9VAC5

- 40

- 20 (Compliance) apply.

9VAC5

- 40

- 5570. Test methods and procedures. (Repealed.)

The provisions of 9VAC5

- 40

- 30 (Emission Testing) apply.

9VAC5

- 40

- 5580. Monitoring. (Repealed.)

The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 5590. Notification, records and reporting. (Repealed.)

The provisions of 9VAC5

- 40

- 50 (No tification, Records and Reporting) apply.

Article 42 Emission Standards for Portable Fuel Container Spillage

(Rule 4

- 42)

9VAC5

- 40

- 5700. Applicability. (Repealed.)

A. Except as provided in subsections C through H of this section, the provisions of this a rticle apply to any person who sells, supplies, offers for sale, or manufactures for sale portable fuel containers or spouts.

B. The provisions of this article apply only to sources and persons in the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas designated in

9VAC5

- 20

- 206.

C. The provisions of this article do not apply to any portable fuel container or spout manufactured for shipment, sale, and use outside of the Northern Virginia and Fredericksburg Volatile Organ ic Compound Emissions Control Areas.

D. This article does 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

- 40

- 5720, 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 Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas; and (ii) that th e manufacturer or distributor has taken reasonable prudent precautions to assure that the portable fuel container or spout is not distributed within the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions

Control Areas. This subsection does not apply to portable fuel containers or spouts that are sold, supplied, or offered for sale

to retail outlets.

E. This article does not apply to safety cans meeting the requirements of 29 CFR Part 1926 Subpart F.

F. This article does not apply to portable fuel containers with a nominal capacity less than or equal to one quart.

G. This article does not apply to rapid refueling devices with nominal capacities greater than or equal to four gallons, provided such devices are designed either (i) to be used in officially sanctioned off

- highway motorcycle competitions, (ii) to create a leak

- proof seal against a stock target fuel tank, or (iii) to operate in conjunction with a receiver permanently installed on the target fuel tank.

H. This article does 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.

I. For purposes of this articl e, the terms "supply" or "supplied" do not include internal transactions within a business or governmental entity. These terms only apply to

transactions between manufacturers/commercial distributors that sell, or otherwise provide, products to business/go vernmental entities/individuals.

9VAC5

- 40

- 5710. Definitions. (Repealed.)

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

meani ngs 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 Chapter 10 (9VAC5

- 10), unless otherwise required by context.

C. Terms defined.

"ASTM" means the American Society for Testing and

Materials.

"Consumer" means any person who purchases or otherwise acquires a new portable fuel container or spout for personal, family, household, or institutional use. Persons acquiring a portable fuel container or spout for resa le are not "consumers" for that product.

"Distributor" means any person to whom a portable fuel container or spout is sold or supplied for the purpose of resale

or distribution in commerce. This term does not include manufacturers, retailers, and consumer s. "Fuel" means all motor fuels subject to any provision of Chapter 12 (§ 59.1

- 149 et seq.) of Title 59.1 of the Code of Virginia.

"Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a portabl e fuel container or spout.

"Nominal capacity" means the volume indicated by the manufacturer that represents the maximum recommended filling level.

"Outboard engine" means a spark

- ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine and drive unit external

to the hull of the marine watercraft.

"Permeation" means the process by which individual fuel molecules may penetrate the walls and various assembly components of a portable fuel container directly to the outside

ambient air.

"Portable fuel container" means any container or vessel with

a nomi nal capacity of 10 gallons or less intended for reuse

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2002 that is designed or used primarily for receiving, transporting, storing, and dispensing fuel.

"Product category" means the applicable category that best describes the product with respect to its nomina l capacity, material construction, fuel flow rate, and permeation rate, as applicable, as determined by the board.

"Retailer" means any person who owns, leases, operates, controls, or supervises a retail outlet.

"Retail outlet" means any establishment at which portable fuel containers or spouts are sold, supplied, or offered for

sale.

"Spill

- proof spout" means any spout that complies with the standards specified in 9VAC5

- 40

- 5720 B.

"Spill

- proof system" means any configuration of portable

fuel container and firmly attached spout that complies with

the standards in 9VAC5

- 40

- 5720 A.

"Spout" means any device that can be firmly attached to a portable fuel container and through which the contents of the container may be poured.

"Target fuel tank" means any r eceptacle that receives fuel from a portable fuel container.

9VAC5

- 40

- 5720. Standard for volatile organic compounds. (Repealed.)

A. No person shall sell, supply, offer for sale, or manufacture for sale any portable fuel container that at the

time of sale or manufacture does not meet 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. Provides a fuel flow rate and fill level of:

a. Not less than one

- half gallon per minute for portable fuel containers with a nominal capacity o f:

(1) Less than or equal to 1.5 gallons and fills to a level less than or equal to one inch below the top of the target fuel tank opening; or

(2) Greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to o ne inch below the top of the target fuel tank opening if the spill

proof system clearly displays the phrase "Low Flow Rate" in type of 34 point or greater on each spill

- proof system or label affixed thereto and on the accompanying package, if any; or

b. N ot less than one gallon per minute for portable fuel containers with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches below the top of the target fuel tank opening; or c. Not less than two gallons per minute for portable fuel containers with a nominal capacity greater than 2.5 gallons.

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

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

tha n one year against defects in materials and workmanship.

B. No person shall sell, supply, offer for sale, or manufacture for sale any spout that at the time of sale or manufacture does not meet all of the following standards for spill

- proof spouts:

1. Ha s 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. Provides a fuel flow rate and fill level of:

a. Not less than one

- half gallon per minute for portable fuel containers with a nominal capacity of:

(1) Less than or equal to 1.5 gallons and fills to a level less than or equal to one inch below the top of the target fuel tank opening; or

(2) Greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to one inch below the top of the target fuel tank opening if the spill

proof spout clearly displays the phrase "Low Flow Rate" in type of 34 point or greater on the accompanying package, or for spill

- proof spouts sold without packaging, on either the spill

- proof spout or a label affixed thereto; or

b. Not less than one gallon per minute for portable fuel containers with a nominal capacity greater than 1.5 gallons but less than or equal to 2.5 gallons and fills to a level less than or equal to 1.25 inches below the top of the target fuel tank opening; or

c. Not less than two gallons per minute for portable fuel containers with a nominal capacity greate r than 2.5 gallons.

4. 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

- 40

- 57 60. The manufacturer of portable fuel containers or spouts shall perform the tests for determining compliance as set forth in

9VAC5

- 40

- 5760 to show that its product meets the standards of this section prior to allowing the product to be offered for

sale. T he 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.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2003 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. 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

- 40

- 5750 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.

9VA C5

- 40

- 5730. Administrative requirements. (Repealed.)

A. Each manufacturer of a portable fuel container subject to and complying with 9VAC5

- 40

- 5720 A shall clearly display on each spill

- proof system:

1. The phrase "Spill

- Proof System";

2. A date of manufa cture or representative date; and

3. A representative code identifying the portable fuel container as subject to and complying with 9VAC5

- 40

- 5720 A.

B. Each manufacturer of a spout subject to and complying

with 9VAC5

- 40

- 5720 B shall clearly display on th e accompanying package, or for spill

- proof spouts sold without packaging on either the spill

- proof spout or a label affixed

thereto:

1. The phrase "Spill

- Proof Spout";

2. A date of manufacture or representative date; and

3. A representative code identif ying the spout as subject to and complying with 9VAC5

- 40

- 5720 B.

C. Each manufacturer subject to subsection A or B of this section shall file an explanation of both the date code and representative code with the board no later than the later of

three mont hs after the effective date of this article or within three months of production, and within three months after any change in coding.

D. Each manufacturer subject to subsection A or B of this section shall clearly display a fuel flow rate on each spill

pr oof system or spill

- proof spout, or label affixed thereto, and on any accompanying package.

E. Each manufacturer of a spout subject to subsection B of this section shall clearly display the make, model number, and size of those portable fuel containers th e spout is designed to accommodate and for which the manufacturer can demonstrate the container's compliance with 9VAC5

- 40

- 5720 A on the accompanying package, or for spill

- proof spouts sold without packaging on either the spill

- proof spout or a

label affix ed thereto.

F. Manufacturers of portable fuel containers not subject to or not in compliance with 9VAC5

- 40

- 5720 may not display the phrase "Spill

- Proof System" or "Spill

- Proof Spout" on the portable fuel container or spout or on any sticker or label

affix ed thereto or on any accompanying package.

G. Each manufacturer of a portable fuel container or spout subject to and complying with 9VAC5

- 40

- 5720 that due to its design or other features cannot be used to refuel on

- road motor vehicles shall clearly displa y the phrase "Not Intended For Refueling On

- Road Motor Vehicles" in type of 34 point or greater on each of the following:

1. For a portable fuel container sold as a spill

- proof system, on the system or on a label affixed thereto, and on the accompanying p ackage, if any; and

2. For a spill

- proof spout sold separately from a spill

- proof system, on either the spill

- proof spout, or a label affixed thereto, and on the accompanying package, if any.

9VAC5

- 40

- 5740. Compliance. (Repealed.)

The provisions of subse ctions B, D, F, and J of 9VAC5

- 40

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

- 40

- 20 do not apply.

9VAC5

- 40

- 5750. Compliance schedules. (Repealed.)

A. Affected persons shall comply with the provisions of this article as expeditiously as possible but in no case later than:

1. January 1, 2005, in the Northern Virginia VOC Emissions Control Area; or

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

B. Any 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

waive r. The waiver application shall set forth:

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

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 h ardship;

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. T hat 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 thi s

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2004 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 artic le.

E. A waiver shall cease to be effective upon the failure of the party to whom the waiver was granted to comply with any

term or condition of the waiver.

F. Upon the application of any person, the board may review, and for good cause, modify or revoke a waiver from requirements of this article.

9VAC5

- 40

- 5760. Test methods and procedures. (Repealed.)

A. The provisions of subsection G of 9VAC5

- 40

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

- 40

- 30 do not apply.

B. Testing to determine comp liance with 9VAC5

- 40

- 5720 B of this article shall be performed by using the following test procedures:

1. California Air Resources Board (CARB) Automatic

Shut

- Off Test Procedure for Spill

- Proof Systems and Spill

Proof Spouts.

2. CARB Automatic Closure Te st Procedure for Spill

Proof Systems and Spill

- Proof Spouts.

3. CARB Determination of Fuel Flow Rate for Spill

- Proof Systems and Spill

- Proof Spouts.

C. Testing to determine compliance with 9VAC5

- 40

- 5720 A of this article shall be performed by using all t est procedures in subsection B of this section and the following test procedure: CARB Determination of Permeation Rate for Spill

- Proof Systems. These test methods are incorporated by

reference in 9VAC5

- 20

- 21.

9VAC5

- 40

- 5770. Notification, records and repor ting. (Repealed.)

The provisions of subsections D, E, F, and H of 9VAC5

- 40

- 50 (Notification, records and reporting) apply. The other provisions of 9VAC5

- 40

- 50 do not apply.

Article 49

Emission Standards for Architectural and Industrial

Maintenance Coatings (Rule 4

- 49)

9VAC5

- 40

- 7120. Applicability. (Repealed.)

A. Except as provided in subsection C of this section, the provisions of this article apply to any person who supplies, sells, offers for sale, or manufactures any architectural coating for us e, as well as any person who applies or solicits the application of any architectural coating.

B. The provisions of this article apply only to persons in the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas designated in 9VAC5

- 20

- 206.

C. The provisions of this article do not apply to: 1. Any architectural coating that is sold or manufactured for use exclusively outside of the Northern Virginia and Fredericksburg Volatile Organic Compound Emission 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.

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

busine ss 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

- 40

- 7130. Definitions. (Repealed.)

A. For the p urpose 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 Chapter 10 (9VAC5

- 10), 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 the Virginia Pesticide Control Act (Chapter 14. 1 (§ 3.1

- 249.27 et seq.) of Title 3.1 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; cab inets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools;

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2005 lampposts; partitions pipes and piping systems; rain gutters and downspouts; stairways; fixed ladders; catwalks and fire escapes; and window screens.

"Architectural coating" means a coating to be applied to stationary structures or the appurtenances at the site of installation, to portable buildings at the site of installation, to

pavements , or to curbs. Coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not considered architectural coatings for the purposes of this article.

"ASTM" means the Amer ican 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 deposi ts 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 consi sts of a coating or mastic formulated and recommended for roofing, pavement sealing, or waterproofing that incorporates

bitumens.

"Bond breaker" means a coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.

"Calcimine recoater" means a flat solvent borne coating formulated and recommended specifically for recoating

calcimine

- painted ceilings and other calcimine

- painted

substrates.

"Cle ar 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, that are intended exclusively for application by brush and that are labeled as specified in subdivision 5 of

9VAC5

- 40

- 7150.

"Clear wood coatings" means clear and semi

- transparent coatings, including lacquers and varnishes, applied to wood substrates to provide a transparen t or translucent solid film.

"Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers, and stains.

"Colorant" me ans 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 f reshly 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 o n 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 w ith amino resins and supplied as a single component or two

- component product. Conversion varnishes produce a hard, durable, clear finish designed for professional application to wood flooring. The

film formation is the result of an acid

- catalyzed condensat ion 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 ide ntified as exempt under the definition of Volatile Organic Compound (VOC) in 9VAC5

- 10

- 20. An exempt compound's 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 pr ecoated 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 Pan els (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 coati ng" means an opaque coating labeled and formulated to protect the structural integrity by increasing

the fire endurance of interior or exterior steel and other structural materials, that has been fire tested and rated by a testing agency and approved by bu ilding 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) Standard Test Method for Fire Tests of Building Construction Materials (see 9VAC5

- 20

- 21).

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2006 "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

Meth od 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 o n 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 tha n

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,

pos ter 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 degrees Centigrade (400 degr ees Fahrenheit).

"Impacted immersion coating" means a high performance maintenance coating formulated and recommended for application to steel structures subject to immersion in turbulent, debris

- laden water. These coatings are specifically

resistant to h igh

- 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

- 40

- 7150:

1. Immersion in water, wastewater, or chemic al 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 degrees Centigrade (250 degrees Fahrenheit);

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 t o provide a solid, protective film.

"Low

- solids coating" means a coating containing 0.12 kilogram or less of solids per liter (one 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 appl ied 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 Diffraction (see 9VAC5

- 20

- 21).

"Mu lti

- color 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 regist ers a gloss of 15 or greater on an 85

- degree meter and five 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 a bove 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 ma nufacturing 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 dis tribution, and water treatment and distribution systems.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2007 "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 whic h 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 dispos ed 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 Meth od 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 pro mote adhesion of subsequent topcoats.

"Primer" means a coating labeled and formulated for application to a substrate to provide a firm bind between the substrate and subsequent coats.

"Quick

- dry enamel" means a nonflat coating that is labeled as specifie d in subdivision 8 of 9VAC5

- 40

- 7150 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 degrees Centigrade (60 and 80 degrees Fahrenheit);

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 t he 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 c ategory.

"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

- 40

- 7150.

"Sanding sealer" means a clear or semi

- transparent 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.

"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 subs trate, 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

ec onomic 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 d ry 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

- 40

- 7150 and

that is form ulated 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 Sta ndard Test Methods for Evaluating

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2008 the Degree of Chalking of Exterior Paint Films (see 9VAC5

- 20

- 21).

"Stain" means a clear, semi

- transparent, or opaque coating labeled and formulated to change the color of a surface but not conceal the grain pattern or tex ture.
"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 us ed 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 degrees Centigrade (400 degrees Fahrenheit).

"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 includin g, 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

formulat ed 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 surfac e 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 to control the fetal sheen or gloss o f the finish.

"VOC content" means the weight of VOC per volume of coating, calculated according to the procedures specified in

9VAC5

- 40

- 7220 B.

"Waterproofing sealer" means a coating labeled and formulated for application to a porous substrate for the

pr imary purpose of preventing the penetration of water.

"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, aci ds, ultraviolet light, and staining.

"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 the Virginia Pesticide Control Act (Chapter 14. 1 (§ 3.1

- 249.27 et seq.) of the Code of Virginia).

9VAC5

- 40

- 7140. Standard for volatile organic compounds. (Repealed.)

A. Except as provided in this section, no person shall (i) manufacture, blend, or repackage for sale, (ii) supply, sell, or offer for sale, or (iii) solicit for application or apply any architectural coating with a VOC content in excess of the corresponding l imit specified in Table 4

- 49A.

B. If anywhere on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or any person acting on behalf of a manufacturer, any representation is made that indicates that the coating meets

the definition of or is recommended for use for more than one of the coating categories listed in Table 4

- 49A, then the most restrictive VOC content limit shall apply. This provision does not apply to the following coating categories:

Lacquer coatings (including lacquer sanding sealers);

Metallic pigmented coatings;

Shellacs;

Fire

- retardant coatings;

Pretreatment wash primers;

Industrial maintenance coatings;

Low

- soli ds coatings;

Wood preservatives;

High

- temperature coatings;

Temperature

- indicator safety coatings;

Antenna coatings;

Antifouling coatings;

Flow coatings;

Bituminous roof primers;

Calcimine recoaters;

Impacted immersion coatings;

Nuclear coatings;

Thermoplastic rubber coating and mastic; and

Specialty primers, sealers, and undercoaters.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2009 Table 4

- 49A.

VOC Content Limits for Architectural Coatings

Limits are expressed in grams of VOC per liter 1 of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds, or colorant added to tint bases. "Manufacturers maximum recommendation" means the maximum recommendation for thinning that is indicated o n the label or lid of the coating

container.

VOC

Content Coating Category L imit

Flat Coatings 100

Nonflat Coatings 150

Nonflat High Gloss Coatings 250 Specialty Coatings:

Antenna Coatings 530 Antifouling Coatings 4 00

Bituminous Roof Coatings 300

Bituminous Roof Primers 350

Bond Breakers 350

Calcimine Recoater 475

Clear Wood Coatings

• Clear Brushing Lacquers 680

• Lacquers (including lacquer sand ing sealers) 550
• Sanding Sealers (other than lacquer sanding sealers) 350
• Conversion Varnishes 725

• Varnishes (other than conversion varnishes) 350

Concrete Curing Compounds 350

Concrete Surface Retarder 780
Dry Fog Coatings 400

Extreme durability coating 400

Faux Finishing Coatings 350

Fire

- Resistive Coatings 350

Fire

- Retardant Coatings

• Clear 650

• Opaque 350

Floor Coatings 250

Flow Coatings 420

Form

- Release Compounds 250 Graphic Arts Coatings (Sign Paints) 500 High

- Temperature Coatings 420 Impacted Immersion Coating 780

Industrial Maintenance Coatings 340

Low

- Solids Coatings 120 Magnesite Cement Coatings 450

Mastic Texture Coatings 300

Metallic Pigmented Coatings 500

Multi

- Color Coatings 250

Nuclear Coatings 450

Pretreatment Wash Primers 420 Primers, Sealers, and Undercoaters 200 Quick

- Dry Enamels 250 Quick

- Dry Primers, Sealers and Undercoaters 200 Recycled Coatings 250

Roof Coatings 250

Rust Preventative Coatings 400

Shellacs
• Clear 730
• Opaque 550 Specialty Primers, Sealers, and Undercoaters 350

Stains 250 Swimming Pool Coatings 340 Swimming Pool Repair and Maintenance Coatings 340

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2010 Temperature

- Indicator Safety Coatings 550 Thermoplastic Rubber Coating and Mastic 550

T raffic Marking Coatings 150 Waterproofing Sealers 250 Waterproofing Concrete/Masonry Sealers 400

Wood Preservatives 350 C. A coating manufactured prior to the applicable compliance date specified in 9VAC5

- 40

- 7210, may be sold, supplied, or offered for sale for two years following the applicable compliance date. In addition, a c oating manufactured before the applicable compliance date specified

in 9VAC5

- 40

- 7210, may be applied at any time, both before and after the applicable compliance date, so long as the coating complied with the standards in effect at the time the coating was manufactured. This subsection does not apply to any coating that does not display the date or date code required by subdivision 1 of 9VAC5

- 40

- 7150.

D. All architectural coating containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging, or other means, shall be closed when not in use. These architectural coatings containers include, but are not limited to, drums, buckets, cans, pails, trays, or other application

contain ers. Containers of any VOC

- containing materials used for thinning and cleanup shall also be closed when not in use.

E. No person who applies or solicits the application of any architectural coating shall apply a coating that contains any thinning material that would cause the coating to exceed the applicable VOC limit specified in Table 4

- 49A.

F. No person shall apply or solicit the application of any rust preventive coating for industrial use, unless such a rust preventive coating complies with the indus trial maintenance coating VOC limit specified in Table 4

- 49A.

G. For any coating that does not meet any of the definitions for the specialty coatings categories listed in Table 4

- 49A, the VOC content limit shall be determined by classifying the coating as a flat coating or a nonflat coating, based on its gloss, as defined in 9VAC5

- 40

- 7130 C, and the corresponding flat or nonflat coating limit shall apply.

H. Notwithstanding the provisions of subsection A of this section, up to 10% by volume of VOC may be added to a lacquer to avoid blushing of the finish during days with relative humidity greater than 70% and temperature below 65 degrees Fahrenheit, at the time of application, provided that the coating contains acetone and no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition of VOC.

1 Conversion factor: one pound of VOC per gallon (U.S.) = 119.95 grams pe r liter.

9VAC5

- 40

- 7150. Container labeling requirements. (Repealed.)

Each manufacturer of any architectural coatings subject to this article shall display the information listed in subdivisions 1 through 8 of this section on the coating container (or labe l) in which the coating is sold or distributed. 1. The date the coating was manufactured, or a date code representing the date, shall be indicated on the label, lid, or

bottom of the container. If the manufacturer uses a date code for any coating, the man ufacturer shall file an explanation of each code with the board.

2. A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or lid of the container. This requirement does not apply to the thinning of architectural coatings with water. If thinning of the coating prior to use is not necessary, the recommendation shall specify that the coating is to be applied without thinning.

3. Each container of any coating subject to this article shall display ei ther the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer. VOC content shall be displayed in grams of VOC per liter of coating. VOC content displayed shall be calculated using product formulation data, or shall be determined using the test

methods in 9VAC5

- 40

- 7220 C. The equations in 9VAC5

- 40

- 7220 B shall be used to calculate VOC content.

4. In addition to the information specified in subdivisions 1, 2, and 3 of this section, e ach manufacturer of any industrial maintenance coating subject to this article shall display on the label or the lid of the container in which the coating is sold or distributed one or more of the descriptions listed in a, b, and c of this subdivision.

a. "For industrial use only."

b. "For professional use only."

c. "Not for residential use" or "Not intended for

residential use."

5. The labels of all clear brushing lacquers shall prominently display the statements "For brush application only," and "This product shall not be thinned or sprayed."

6. The labels of all rust preventive coatings shall prominently display the statement "For Metal Substrates Only."

7. The labels of all specialty primers, sealers, and undercoaters shall prominently display one or more of the descriptions listed in a through e of this subdivision.

a. For blocking stains.

b. For fire

- damaged substrates.

c. For smoke

- damaged substrates.

d. For water

- damaged substrates.

e. For excessively chalky substrates.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2011 8. The labels of al l quick dry enamels shall prominently display the words "Quick Dry" and the dry hard time.

9. The labels of all nonflat high

- gloss coatings shall prominently display the words "High Gloss."

9VAC5

- 40

- 7160. Standard for visible emissions. (Repealed.)

The p rovisions of Article 1 (9VAC5

- 40

- 60 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4

- 1) do not apply.

9VAC5

- 40

- 7170. Standard for fugitive dust/emissions. (Repealed.)

The provisions of Article 1 (9 VAC5

- 40

- 60 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Visible Emissions and Fugitive Dust/Emissions, Rule 4

- 1) apply.

9VAC5

- 40

- 7180. Standard for odor. (Repealed.)

The provisions of Article 2 (9VAC5

- 40

- 130 et seq.) of 9VAC5 Chapter 40 (Emission Standards for Odor, Rule 4

- 2) apply.

9VAC5

- 40

- 7190. Standard for toxic pollutants. (Repealed.)

The provisions of Article 4 (9VAC5

- 60

- 200 et seq.) of 9VAC5 Chapter 60 (Emission Standards for Toxic Pollutants from Existing Sources, Rule 6

- 4) do not apply.

9VAC5

- 40

- 7200. Compliance. (Repealed.)

The provisions of subsections B, D, F, and J of 9VAC5

- 40

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

- 40

- 20 do not apply.

9VAC5

- 40

- 7210. Compliance schedules. (Repealed.)

Affected persons shall comply with t he provisions of this article as expeditiously as possible but in no case later than:

1. January 1, 2005, in the Northern Virginia VOC Emissions Control Area; or

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

Control Area.

9VAC5

- 40

- 7220. Test methods and procedures. (Repealed.)

A. The provisions of subsection G of 9VAC5

- 40

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

- 40

- 30 do not apply.

B. For the purpose of determining compliance with the VOC

content limits in Table 4

- 49A, the V OC content of a coating shall be determined by using the procedures described in subdivision 1 or 2 of this subsection, as appropriate. The

VOC content of a tint base shall be determined without

colorant that is added after the tint base is manufactured.

1. With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds. Determine the VOC content using equat ion 1

as follows:

Equation 1: VOC Content = (Ws

- Ww

- Wec)

(Vm

- Vw

- Vec)

Where:

VOC

content = grams of VOC per liter of

coating

Ws = weight of volatiles, in grams

Ww = weight of water, in grams

Wec = weight of exempt compounds,

in grams

Vm = volume of coating, in liters

Vw = volume of water, in liters

Vec = volume of exempt compounds,

in liters

2. For low solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned to the

manufacturer's maximum recommendation, including the volume of any water and exempt compounds. Determine the VOC content using equation 2 as follows:

Equation 2: VOC Content

(ls)= (Ws

- Ww

- Wec)

(Vm)

Where:

VOC content (ls) = the VOC content of a low solids

coating in grams per liter of coating

Ws = weight of volatiles, in grams

Ww = weight of water, in grams

Wec = weight of exempt compounds, in

grams

Vm = volume of coating, in liters

C. To determine the physical properties of a coating in order to perform the calculations in subsection B, the reference method for VOC content is Reference Method 24 (see

9VAC5

- 20

- 21). The exempt compounds content shall be determined by SCAQMD Method for Determination of Exempt Compounds (see 9VAC5

- 20

- 21). To determine the VOC content of a coating, the manufacturer may use Reference Method 24, formulation data, or any other reasonable means for predicting that the coating has been formulated as intended (e .g. quality assurance checks, recordkeeping). However, if there are any inconsistencies between the results of a Reference Method 24 test and any other means for determining VOC content, the Reference Method 24 results will govern. The board may require th e manufacturer to conduct a Reference Method 24 analysis.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2012 D. Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes shall be analyzed as exempt compounds by Bay Area Quality Management District (BAAQMD) Method for Determina tion of Volatile Methylsiloxanes in Solvent

- Based Coatings, Inks, and Related Materials (see 9VAC5

- 20

- 21).

E. The exempt compound parachlorobenzotrifluoride shall be analyzed as an exempt compound by BAAQMD Method for Determination of Volatile Organic Com pounds in

Solvent

- Based Coatings and Related Materials Containing Parachlorobenzotrifluoride (see 9VAC5

- 20

- 21).

F. The content of compounds exempt under Reference Method 24 shall be determined by SCAQMD Method for Determination of Exempt Compounds, Labora tory Methods of Analysis for Enforcement Samples (see 9VAC5

- 20

- 21).

G. The VOC content of a coating shall be determined by Reference Method 24 (see 9VAC5

- 20

- 21).

H. The VOC content of coatings may be determined by either Reference Method 24 or SCAQMD Met hod for Determination of Exempt Compounds, Laboratory Methods of Analysis for Enforcement Samples (see 9VAC5

- 20

- 21).

I. Other test methods may be used for purposes of determining compliance with this article consistent with the approval requirements of 9V AC5

- 40

- 20 A 2.

J. Analysis of methacrylate multi

- components used as traffic marking coatings shall be conducted according to a modification of Reference Method 24 (40 CFR Part 59, Subpart D, Appendix A; see 9VAC5

- 20

- 21). This method has not been approved for methacrylate multicomponent coatings used for purposes other than as traffic marking coatings or for other classes of multicomponent coatings.

9VAC5

- 40

- 7230. Notification, records and reporting. (Repealed.)

A. The provisions of subsections D, E, F, and H of 9VAC5

- 40

- 50 (Notification, records and reporting) apply. The other provisions of 9VAC5

- 40

- 50 do not apply.

B. Each manufacturer of clear brushing lacquers shall, on or before April 1 of each calendar year beginning in the year 2006, submit an annual report to the board. The report shall specify the number of gallons of clear brushing lacquers sold during the preceding calendar year, and shall describe the method used by the manufacturer to calculate sales.

C. Each manufacturer of rust preventive coatings shall, on or before April 1 of each calendar year beginning in the year 2006, submit an annual report to the board. The report shall specify the number of gallons of rust preventive coatings sold during th e preceding calendar year, and shall describe the method used by the manufacturer to calculate sales.

D. Each manufacturer of specialty primers, sealers, and undercoaters shall, on or before April 1 of each calendar year beginning in the year 2006, submit an annual report to the board. The report shall specify the number of gallons of specialty primers, sealers, and undercoaters sold during the preceding calendar year, and shall describe the method used by the manufacturer to calculate sales.

E. For each architectural coating that contains perchloroethylene or methylene chloride, the manufacturer shall, on or before April 1 of each calendar year beginning with the year 2006, report to the board the following information for products sold during the precedi ng 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 4

- 49A to which the coating belongs;

3. The total sales during the calendar year to the nearest gallon;

4. Th e volume percent, to the nearest 0.10%, of perchloroethylene and methylene chloride in the coating.

F. Manufacturers of recycled coatings shall submit a letter to the board certifying their status as a Recycled Paint Manufacturer. The manufacturer shall, on or before April 1 of each calendar year beginning with the year 2006, submit an annual report to the board. The report shall include, for all recycled coatings, the total number of gallons distributed during the preceding year, and shall describe the me thod used by the manufacturer to calculate distribution.

G. Each manufacturer of bituminous roof coatings or bituminous roof primers shall, on or before April 1 of each calendar year beginning with the year 2006, submit an annual report to the board. The report shall specify the number of gallons of bituminous roof coatings or bituminous roof primers sold during the preceding calendar year, and shall describe the method used by the manufacturer to calculate

sales.

Article 50

Emission Standards for Consum er Products (Rule 4

- 50)

9VAC5

- 40

- 7240. Applicability. (Repealed.)

A. Except as provided in 9VAC5

- 40

- 7250, the provisions of this article apply to those persons who sell, supply, offer for sale, or manufacture for sale any consumer product that

contains vol atile organic compounds (VOCs) as defined in

9VAC5

- 10

- 20.

B. The provisions of this article apply throughout the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas designated in 9VAC5

- 20

- 206.

C. For purposes of this ar ticle, the term "supply" or "supplied" does not include internal transactions within a business or governmental entity. The term only applies to

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

busines ses/governmental entities/individuals.

9VAC5

- 40

- 7250. Exemptions. (Repealed.)

A. This article shall not apply to any consumer product manufactured in the applicable volatile organic compound

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2013 emissions control areas designated in 9VAC5

- 40

- 7240 for shipment and use outside of those areas.

B. The provisions of this article shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale a consumer product that does not comply with the VOC standards specified in 9VAC5

- 40

- 7270 A, as lon g as the

manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of the applicable volatile organic compound emissions control areas designated in 9VAC5

- 40

- 7240, and that the

manufacturer or distr ibutor has taken reasonable prudent precautions to assure that the consumer product is not distributed to those applicable volatile organic compound emissions control areas. This subsection does not apply to consumer products that are sold, supplied, or of fered for sale by any person to retail outlets in those applicable volatile organic compound emissions control areas.

C. The medium volatility organic compound (MVOC) content standards specified in 9VAC5

- 40

- 7270 A for antiperspirants or deodorants shall n ot apply to ethanol.

D. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to fragrances up to a combined level of 2.0% by weight contained in any consumer product and shall not apply to colorants up to a combined level of 2.0% by weight containe d in any antiperspirant or deodorant.

E. The requirements of 9VAC5

- 40

- 7270 A for antiperspirants or deodorants shall not apply to those volatile organic compounds that contain more than 10 carbon atoms per molecule and for which the vapor pressure is unkn own, or that have a vapor pressure of 2 mm Hg or less at 20 degrees Centigrade.

F. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to any LVP

- VOC.

G. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to air fresheners that are compo sed entirely of fragrance, less compounds not defined as VOCs or exempted

under subsection F of this section.

H. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to air fresheners and insecticides containing at least 98% paradichlorobenzene.

I. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to adhesives sold in containers of one fluid ounce or

less.

J. The VOC limits specified in 9VAC5

- 40

- 7270 A shall not apply to bait station insecticides. For the purpose of this section, bait s tation insecticides are containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5.0% active ingredients.

K. A person who cannot comply with the requirements set

forth in 9VAC5

- 40

- 7270 because of extraordinary reasons beyond the person's reasonable control may apply in writing

to the board for a waiver.

1. The application shall set forth:

a. The specific gro unds upon which the waiver is sought, including the facts that support the extraordinary reasons that compliance is beyond the applicant's reasonable control;

b. The proposed dates by which compliance with the provisions of 9VAC5

- 40

- 7270 will be achieved; and

c. A compliance report reasonably detailing the methods by which compliance will be achieved.

2. Upon receipt of an application containing the information required in subdivision 1 of this subsection, the board will hold a public hearing to determin e whether, under what conditions, and to what extent, a waiver from the requirements in 9VAC5

- 40

- 7270 is necessary and will be permitted. A hearing shall be initiated no later than 75 days after receipt of a waiver application. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 30 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the Virginia Register. At least 30 days prior to the hearing, the waiver applicati on shall be made available to the public for inspection. Information submitted to the board by a waiver applicant may be claimed as confidential, and such information will be handled in accordance with the procedures specified in §§

10.1

- 1314 and 10.1

- 1314 .1 of the Virginia Air Pollution

Control Law and 9VAC5

- 170

- 60. The board may consider such confidential information in reaching a decision on an exemption application. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered.

3. No waiver shall be granted unless all of the following findings are made:

a. That, because of reasons beyond the reasonable control of the applicant, requiring compliance with 9VAC5

- 40

- 7270 would r esult in extraordinary economic hardship;

b. That the public interest in mitigating the extraordinary hardship to the applicant by issuing the waiver outweighs the public interest in avoiding any increased emissions of

air contaminants which would result from issuing the waiver; and

c. That the compliance report proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.

4. Any waiver may be issued as an order of the board. The waiver order shall spec ify a final compliance date by which the requirements of 9VAC5

- 40

- 7270 will be achieved. Any waiver order shall contain a condition that specifies increments of progress necessary to assure timely compliance and such other conditions that the board, in

con sideration of the testimony received at the hearing,

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2014 finds necessary to carry out the purposes of the Virginia Air Pollution Control Law and the regulations of the board.

5. A waiver shall cease to be effective upon failure of the party to whom the waiver was granted to comply with any

term or condition of the waiver order.

6. Upon the application of anyone, the board may review and for good cause modify or revoke a waiver from requirements of 9VAC5

- 40

- 7270. Modifications and

revocations of waivers are co nsidered case decisions and will be processed using the procedures prescribed in

9VAC5

- 170 and Article 3 (§ 2.2

- 4018 et seq.) of the

Administrative Process Act.

L. The requirements of 9VAC5

- 40

- 7300 A shall not apply to consumer products registered under F IFRA.

9VAC5

- 40

- 7260. Definitions. (Repealed.)

A. For the purpose of applying this article in the context of the Regulations for the Control and Abatement of Air Pollution and related uses, the words or terms shall have the meaning given them in subsection C of this section.

B. As used in this article, all terms not defined herein shall have the meaning given them in 9VAC5 Chapter 10 (9VAC5

- 10), unless otherwise required by context.

C. Terms defined.

"ACP" or "alternative control plan" means any emission s 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 purs uant 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 o f VOC and calculated according to the following equation:

ACP Emissions = (Emissions) 1 + (Emissions) 2 + ... + (Emissions) N

Emissions = (VOC Content) x (Enforceable Sales)

100

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:

VOC Content = ((B

– C) x 100)

A

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

- 40

- 7250.

2. For charcoal lighter material products only:

VOC Content = (Certified Emissions x 100)

Certified Use Rate

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:

ACP Limit = (Limit) 1 + (Limit) 2 +. .. + (Limit) N
where

Limit = (ACP Standard) x (Enforceable Sales)

100

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

- 40

- 7270 A, except those products that have been exempted as innovative products

under 9VAC5

- 40

- 7290.

"ACP reformulation" or "ACP reformulated" means the process of re ducing 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 speci fied in

9VAC5

- 40

- 7270 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

- 40

- 7270 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:

VOC Standard = (0.020 pound VOC per start x 100)

Certified Use Rate

where

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2015 0.020 = the certification emissions level for the product, as specified in 9VAC5

- 40

- 7270 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 doe s 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

p roduct, less packaging, which 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, which consist of more than one p ound and consist of more than 16 fluid ounces. The package size limitations do not apply to aerosol

adhesives.

"Adhesive remover" means a product designed exclusively for the removal of adhesives, caulk, and other bonding materials from either a specific substrate or a variety of

substrates.

"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.

"Aeros ol 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 or 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

definit ion only:

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

environment.

2. "Structural pest control" means a use requiring a license under the applicable state pesticide licensing requirement.

3. "Industrial use" means use for or in a manufacturi ng, mining, or chemical process or use in the operation of factories, processing plants, and similar sites.

4. "Institutional use" means use within the perimeter of, or on property necessary for the operation of, buildings such as hospitals, schools, libr aries, auditoriums, and office complexes.

"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, disinfectant products claiming to deodorize by killing germs on surfaces, or

institutional or industrial disinfectants when offer ed 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

w hen 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 an d 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 specifi ed. 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

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

"Antimicrobial hand or body cleaner or soap" means a cleaner or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity.

Antimicrob ial 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, preoperative skin preparations, and surgical scrubs. Antimicrobial hand or body cle aner 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 so ap, 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 re duce 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.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2016 "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. Thi s category also includes clarifiers and substrate

impregnated products. This category does not include any hand, face, or body cleaner or soap product, medicated astringent or medicated toner, cold cream, lotion, or antiperspirant.

"Automotive brake clean er" 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 appea rance 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 protecti ve 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, prod ucts 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 was her system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield. Automotive windshield washer fluid also includes liquids that are (i) packaged as a

pre

- wetted, single

- use manual wipe and (ii) designed exclusively for cleaning, washing or wetting automotive glass surfaces for the purpose of restoring or maintaining visibility

for the driver. Glass cleaners that are intended for use on other glass surfaces are not included in this definition.

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

"Bathroom and tile cleaner" means a product designed to

clean tile or surfaces in bathrooms. Bathroom and tile cleaners do not include products specifically designed to

clean toil et bowls or toilet tanks. "Bug and tar remover" means a product designed to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish: (i) biological residues, such as insect carcasses and tree sap and (ii) road grime, such as road tar, roadway paint markings, and asphalt.

"CARB" means the California Air Resources Board.

"Carburetor or fuel

- injection air intake cleaners" means a product designed to remove fuel deposits, dirt, or other

contaminants fro m a carburetor, choke, throttle body of a

fuel

- injection system, or associated linkages. Carburetor or

fuel

- injection air intake cleaners do 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 obj ects 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 gen eral 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 produ cts approved under 9VAC5

- 40

- 7270 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 rat e" means the usage level for products approved under 9VAC5

- 40

- 7270 E, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol, 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 sta rters 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 pe riod" means the period of time, not to exceed one year, for which the ACP limit and ACP emissions are calculated and for which compliance with the ACP limit

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2017 is determined, as specified in the ACP agreement approving

an ACP.

"Construction, panel, and floor covering adhesive" means

any one

- component adhesive that is designed exclusively for the installation, remodeling, maintenance, or repair of:

1. Structural and building components that include, but are not limited to, beams, trusses, studs, paneling (drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre

- decorated 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, carp et 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.

"Consume r" 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 prod uct 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 au tomotive specialty products, but does not include other paint products, furniture coatings, or architectural coatings.

"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.

"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 substance s which 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 incorp orated, 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 ins ecticide" 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 b e 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 aga inst 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 which 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 a product including, but not limited to, aerosols, roll

- ons, sticks, pumps, pads, creams, a nd squeeze bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration.

"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 bacteria, virus, or other microorganism on or in living human or other living animals); but not including equi pment 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 obje cts 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 p ools, 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

.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2018 "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 Indus try 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 wa x or silicone based coating. Dusting aid does not include products that consist entirely of compressed gases for use in electronic or other specialty areas.

"Electronic cleaner" means a product designed specifically for the removal of dirt, grease, or gri me 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 designa ted in 9VAC5

- 40

- 7240 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 r ecord" 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 emissio ns control areas designated in 9VAC5

- 40

- 7240 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 rec ords 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 compli ance 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 degrea ser" 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

- tr ifluoromethyl 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

t he fabric's fibers. Fabric protectant does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics which are labeled "for dry clean only" and sold in containers of 10 fluid ounces

or less.

"Fa cial cleaner or soap" means a cleaner or soap designed primarily to clean the face. Facial cleaner or soap includes, but is not limited to, facial cleansing creams, gels, liquids, lotions, and substrate

- impregnated forms. Facial cleaner or soap does not in clude 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

na turally

- 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 Insecti cide, 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 desi gned to be used exclusively on humans or animals and their bedding.

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

no

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

"Floor polish or wax" means a wax, polish, or other product desig ned 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 adjoin ing rolls of installed flexible sheet flooring.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2019 "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 w ax 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, in cluding 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 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.

"Furniture coating" means a paint designed for application to room furnishings including, but not limited to, ca binets (kitchen, bath and vanity), tables, chairs, beds, and sofas.

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

"General purpose adhesive" means a nonaerosol adh esive 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" mean s 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 cleani ng, 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 designed to remove or dissolve grease, grime, oil and other oil

- based

c ontaminants 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 u sed exclusively in solvent cleaning tanks or related equipment, or products that are (i) sold exclusively to establishments which manufacture or construct goods or commodities; and (ii) labeled "not for retail sale." Solvent cleaning tanks or related equip ment 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" mean s 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 (includ ing 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 desi gned 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 compo und emissions control areas designated in 9VAC5

- 40

- 7240 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 p rovide 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, respecti vely, that is represented by the current population of the applicable volatile organic compound emissions control areas designated in 9VAC5

- 40

- 7240; or

2. Another documented method that provides an accurate estimate of the total current sales of the ACP p roduct.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2020 "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 spr ay, hair mousse, hair styling gel or spray gel, or products whose primary purpose is to condition

or hold the hair.

"Hair styling gel" means a high viscosity, often gelatinous, product that contains a resin and is designed for the application to hair to a id in styling and sculpting of the hair

coiffure.

"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 r etain the style for a period of time.

"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 adhes ives 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 s oap, 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 permi t 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 degrees Centigrade.

"Household product" means a consu mer 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 which requires a structural pest control license under applicable state laws or regulations; or

3. Restricted materials that require a permi t 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) prod uct" 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 informa tion 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 provi des 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 designed primarily to be used in household lawn and garden

areas to prot ect plants from 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 9 VAC5

- 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 me chanisms. 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; pr oducts for use on the human body or animals; or products that are:

1. Sold exclusively to establishments which manufacture or construct goods or commodities, and

2. Labeled "not for retail sale."

"LVP content" means the total weight, in pounds, of LVP

V OC in an ACP product multiplied by 100 and divided by the

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2021 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 me ets one of the following:

1. Has a vapor pressure less than 0.1 mm Hg at 20 degrees Centigrade, 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

compoun ds with more than 12 carbon atoms, and the vapor pressure is unknown;

3. Is a chemical compound with a boiling point greater than 216 degrees Centigrade, as determined by CARB Method 310 (see 9VAC5

- 20

- 21); or

4. Is the weight percent of a chemical mixtur e that boils above 216 degrees Centigrade, 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

re gulated 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 p roducts. 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 o rganic 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 degrees Centigrade.

"Metal polish or cleanser" means a product designed primarily to impr ove 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 o r 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

fail ed 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 which 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.

"Multi

- purpose 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.

"Multi

- purpose lubricant" mean s a lubricant designed for general purpose lubrication, or for use in a wide variety of applications. Multi

- purpose lubricant does not include multi

purpose dry lubricants, penetrants, or silicone

- based multi

purpose lubricants.

"Multi

- purpose solvent" me ans 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. Multi

- purpose solvent

includes solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific, or other laboratories. Multi

- purpose solvent does not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machi nes, 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 o r 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 pro duct 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

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2022 applicable volatile organic compound emissions control areas designated in 9VAC5

- 40

- 7240:

1. Only one distinct ACP product, sold und er one product brand name, which is subject to the requirements of

9VAC5

- 40

- 7270; or

2. Only one distinct ACP product line subject to the requirements of 9VAC5

- 40

- 7270, 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 l iquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose suc h 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 multi

- purpose lubricants that claim to have penetrating qualities but are not labeled primarily to loosen bonded parts.

"Pesticide" means and includes a substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling, or mitigating a pest, or a substance or mixture of substances labeled, designed, or intended for use as a defoliant, desiccant, or plant regulator, provided that the term "pesticide" will not include a substance, mixture of substances, or device that the U.S.

Environmental Protecti on 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 fro m accurate records available to the board that yields the lowest VOC content for the product.

"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 produc t 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.

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

and function bel onging 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 sho rtfalls have occurred, as approved by the board pursuant to 9VAC5

- 40

- 7280 B 1 g (10).

"Responsible party" means the company, firm, or establishment which is listed on the product's label. If the label lists two companies, firms, or establishments, the

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

"Responsible ACP party" means the company, firm, or establishment which is listed on the ACP product's label. If

the label lists two or more co mpanies, 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.

"Restricted materials" means pesticides established as restricted materials under the Virgini a Pesticide Control Act (§ 3.1

- 249.27 et seq. of the Code of Virginia).

"Retailer" means a person who sells, supplies, or offers consumer products for sale directly to consumers.

"Retail outlet" means an establishment at which consumer products are sold, supplied, or offered for sale directly to

consumers.

"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

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2023 vinyl protectant does not include products primarily designed

to c lean 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

c ompounds; 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 c onsist of more than 16 fluid ounces. For the purposes of this definition only, "removable caulking compounds" means a compound that temporarily

seals windows or doors for three

- to six

- month time intervals; and "clear or paintable or water resistant caulki ng compounds" 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 gels, pastes, and greases.

"Shaving cream" means an aerosol product which dispenses

a foam lather intended to be used with a blade or cartrid ge 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 near est 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 multi

- purpose lubricant" means a lubricant

that is:

1. Designed and labeled to provide lubr icity 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 multi

- purpose lubricant d oes 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 which does not require th at 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 ma jor 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 which, either whole or subdivided (such as the p articles 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 adhesiv e 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 t he 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%, by weight, of plasticizer content. A plasticizer

is a materia l, 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

headl iners.

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 la minates (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 d efinition, "high pressure laminate" means sheet materials that consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265 degrees Fahrenheit and at pressures between 1,000 and 1,400 psi.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2024 7. "Automotive engine c ompartment adhesive" means an aerosol adhesive designed for use in motor vehicle under

the

- hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures

of 200

- 275 degrees Fahrenheit.

"Spot remover" means a product designed 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 c leaning fluid, laundry prewash, carpet and upholstery cleaner, or multi

- purpose 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

b ond 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 Part 59, Subpart C.

"Surplus reduction" means the ACP limit minus the ACP

emissi ons 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

- 40

- 7280 F 3, surplus reduction does not include emissions occurring prior to the date that the AC P 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 inflation" means a pressurized product that is designed to temporarily inflate and seal a leaking tire.

"Total maximum historical emissions" or "TMHE" means the total VOC emissions from all ACP products for which the responsible ACP part y 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:

TMHE = (MHE) 1 + (MHE) 2 + ... + (MHE) N

MHE = (Highest VOC Content x Highest Sales) x Missing Data Days

100 x 365

where Highest VOC content = the maximum VOC content which 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 spe cified 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 on e

- 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 approvi ng 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 CO 2 , N 2 , N 2 O, or compressed air that is used as a propellant and is either incorporated with the product or contained in a separate chamber within the product's packaging.

"Type B propellant" means a halocarbo n that is used as a propellent including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

"Type C propellant" means a propellant that is not a Type A or Type B propellant, including propane, isobutane, n

- butane, and dimethyl ether (also known as dimethyl oxide).

"Undercoating" means an aerosol product designed to impart a protective, nonpaint layer to the undercarriage, trunk interior, or firewall of motor vehicles to prevent the formation

of rust or to deaden s ound. Undercoating includes, but is not limited to, rubberized, mastic, or asphaltic products.

"Usage directions" means the text or graphics on the product's principal display panel, label, or accompanying

literature which describes to the end user how an d 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

- 40

- 7340 B

and C.

For charcoal lighter material products only,

VOC Content = (Certified Emissions x 100)

Certified Use Rate

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2025 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.

"Wat erproofer" 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,

subst ances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.

"Web spray adhesive" means an aerosol adhesive which is not a mist spray or special purpose spray adhesive.

"Wood floor wax" means wax

- based products f or use solely

on wood floors.

"Working day" means a day between Monday through Friday, inclusive, except for federal holidays.

9VAC5

- 40

- 7270. Standard for volatile organic compounds. (Repealed.)

A. Except as provided in 9VAC5

- 40

- 7250, 9VAC5

- 40

- 7280, and 9VAC5

- 40

- 7290, no person shall (i) sell, supply, or offer for sale a consumer product manufactured on or after the applicable compliance date specified in 9VAC5

- 40

- 7330, or (ii) manufacture for sale a consumer product on o r after the applicable compliance date specified in 9VAC5

- 40

- 7330, that contains volatile organic compounds in excess of the limits specified in Table 4

- 50A.

TABLE 4

- 50A

Product Category: Percent VOC by Weight

Adhesives

Aerosol

Mist spray: 65%

Web spray: 55%

Special purpose spray adhesives

Mounting, automotive engine compartm ent, and flexible vinyl: 70%

Polystyrene foam and automotive headliner: 65%

Polyolefin and laminate repair/Edgebanding: 60%

Contact: 80%

Construction, panel, and floor covering: 15%

General purpose: 10%

Structural waterproof: 15%

Air fresheners

Single

- phase aerosols: 30%

Double

- phase aero sols: 25%
Liquids/Pump sprays: 18%

Solids/Gels: 3%

Antiperspirants

Aerosol: 40% HVOC/10% MVOC

Nonaerosol: 0% HVOC/0% MVOC

Automotive brake cleaners: 45%

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2026 Automotive rubbing or polishing compound: 17%

Automotive wax, polish, sealant, or glaze

Hard paste wax es: 45%

Instant detailers: 3%

All other forms: 15%

Automotive windshield washer fluids: 35%

Bathroom and tile cleaners

Aerosols: 7%

All other forms: 5%

Bug and tar remover: 40%

Carburetor or fuel

- injection air intake cleaners: 45%

Carpet and upholstery cleaners

Aerosols: 7%

Nonaerosols (dilutables): 0.1%

Nonaerosols (ready

- to

- use): 3.0%

Charcoal lighter material: see subsection E of this section.

Cooking spray, aerosols: 18%

Deodorants

Aerosol: 0% HVOC/10% MVOC

Nonaerosol: 0% HVOC/0% MVOC

Dusting aids

Aerosols: 25%

All other forms: 7%

Engine degreasers

Aerosol: 35%

Nonaerosol: 5%

Fabric protectants: 60%

Floor polishes/Waxes

Products for flexible flooring materials: 7%

Products for nonresilient flooring: 10%

Wood floor wax: 90%

Floor wax strippers, nonaerosol: see 9VAC5

- 40

- 7270 G

Furniture maintenan ce products

Aerosols: 17%

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2027 All other forms except solid or paste: 7%

General purpose cleaners

Aerosols: 10%

Nonaerosols: 4%

General purpose degreasers

Aerosols: 50%

Nonaerosols: 4%

Glass cleaners

Aerosols: 12%

Nonaerosols: 4%

Hair mousses: 6%

Hair shines: 55%

Hair sprays: 55%

Hair styling gels: 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%

Foggers: 45%

Lawn and garden (all other forms): 20%

Lawn and garden (nonaerosol): 3%

Wasp and hornet: 40%

Laundry prewash

Aerosols/Solids: 22%

All other forms: 5%

Laundry starch p roducts: 5%

Metal polishes and cleansers: 30%

Multi

- purpose lubricant (excluding solid or semi

- solid products): 50%

Nail polish remover: 75%

Nonselective terrestrial herbicide, nonaerosols: 3%

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2028 Oven cleaners
Aerosols/Pump sprays: 8%

Liquids: 5%

Paint remover or strippers: 50%

Penetrants: 50%

Rubber and vinyl protectants

Nonaerosols: 3%

Aerosols: 10%

Sealants and caulking compounds: 4%

Shaving creams: 5%

Silicone

- based multi

- purpose lubricants (excluding solid or semi

- solid

products): 60%

Spot removers

Aerosols: 25%

Nonaerosols: 8%

Tire sealants and inflators: 20%

Undercoatings, aerosols: 40%
B. No 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 t oxic 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 wate r or non

- VOC solvent prior to use, the limits specified in Table 4

- 50A 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 w ith a VOC solvent prior to use, the limits specified in Table 4

- 50A 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 is one year after the applicable compliance date specified in 9VAC5

- 40

- 7330. E. The following requirements shall apply to all charcoal lighter material products:

1. Effective as of the applicable compliance date specified

in 9VAC5

- 40

- 7330, no 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 fo r 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 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 be en 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

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2029 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 lig hter 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 equ al 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

- 40

- 7250 F and 9 VAC5

- 40

- 7260 C shall not apply to a charcoal lighter material subject to the requirements of 9VAC5

- 40

- 7270 A and E.

b. The board may approve alternative test procedures which 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 formulatio n 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 T esting 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 pro duct. 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," "in stant light" or "match light" products.

(3) For a charcoal lighter material which 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 lig hter 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 pro duct 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 applic ant 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 chang e in product formulation, test results, or other information submitted pursuant to subdivision 2 of this subsection which may result in VOC emissions greater than 0.020 pound of VOC per start.

4. If the board determines that a certified charcoal lighter

m aterial formulation results in VOC emissions from the ignition of charcoal which 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 statistica l analysis procedures contained therein, the board will revoke or modify the certification as is necessary to assure that the charcoal lighter material will result in VOC emissions of less than or equal to 0.020 pound of VOC per start. Modifications

and re vocations of certifications are considered case decisions and will be processed using the procedures prescribed in 9VAC5

- 170 and Article 3 (§ 2.2

- 4018 et seq.) of the Administrative Process Act.

F. Requirements for aerosol adhesives.

1. The standards for aerosol adhesives apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in 9VAC5

- 40

- 7250 and 9VAC5

- 40

- 7290, no person shall sell, supply, offer for sale, use or manufacture for sale an ae rosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the specified standard.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2030 2. a. In order to qualify as a "special purpose spray adhesive," the product must meet one or more of the definitions specified in 9VAC5

- 40

- 7260 C, but if the product label indicates that the product is suitable for use on a substrate or application not listed in 9VAC5

- 40

- 7260 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

- 40

- 7260 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

- 40

- 7270 A.

3. Effective as of the applicable compliance date specified

in 9VAC5

- 40

- 7330, no person shall (i) sell, supply, or

offer for sale an aerosol adhesive manufactured on or after the appli cable 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 specifie d in 9VAC5

- 40

- 7300 D.

G. Effective as of the applicable compliance date specified

in 9VAC5

- 40

- 7330, no 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 hea vy 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 person shall sell, supply, offer for sale, or manufacture for sale a consumer product which 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.

I. The requirements of subsection H of this section shall not apply to an existing product formulatio n that complies with

Table 4

- 50A or an existing product formulation that is

reformulated to meet Table 4

- 50A, provided the ozone

depleting compound content of the reformulated product does

not increase.

J. The requirements of subsection H of this section shall not apply to ozone

- depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.

9VAC5

- 40

- 7280. Alternative control plan (ACP) for consumer products. (Repealed.)

A. Man ufacturers of consumer products may seek an ACP agreement in accordance with subsections B through L 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

a pplication 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 whic h 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 n ame, 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 subsect ion, 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 demon stration, the responsible ACP party shall do all of the following:

(1) Provide the contact persons, phone numbers, names, street and mail addresses of all persons and businesses

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2031 who will provide information that will be used to

determine the enforceable s ales;

(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, which is composed of enforceable sales;

(5) Determine which ACP products have enforceable sales which 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 cont ent 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 produc t 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 produc t 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 pe riod 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 appr oving 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 sale s 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 agreeme nt 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 which will be relying to so me 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 V OC content levels which 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 reprodu cibility) 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 combinatio n 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 per iod 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

- 40

- 7260 C for pr ojecting 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 a ll 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

thi s 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") which 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 reco nciliation of shortfalls shall contain all of the following:

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2032 (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 t he 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, which states that all information and operational plans submitted with the ACP applica tion 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 which meets the requirements of this article. The board will specify such

terms and cond itions 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

- 40

- 7270 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;

(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 compli ance 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

th at 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 prov ided 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 act to approve or disapprove a complete application within 90 working days after the application is deemed complete.

2. Before the end of each time period specified in this section, the board and the responsible ACP party may mutually agree to a longer time period for the board to take the appropriate action.

D. Provisions follow concerning recordkeeping and availability of requested information.

1. All information specified in the ACP agreement 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 fro m 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 shal l 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 o r 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 which exceeds the specified VOC content that is sold, supplied, offered for sa le, or

manufactured for use.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2033 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 o r 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 sp ecified 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 cl aimed 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 o f 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 ag reement 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 mis sing data days, the board will calculate the total maximum historical emissions, as specified in

9VAC5

- 40

- 7260 C;

(2) For the remaining portion of the compliance period which are not missing data days, the board will calculate the emissions for each ACP p roduct 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, determin ed 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 exceedanc e 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 th is subsection occurs, the responsible ACP party may, pursuant to this subdivision, establish the number of violations as calculated according to the following equation:

NEV = (ACP Emissions

- ACP limit)

40 pounds

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 th e requirements of this

article.

F. Provisions follow concerning surplus reductions and surplus trading.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2034 1. The board will issue surplus reduction certificates which establish and quantify, to the nearest pound of VOC reduced, the surplus reductions achie ved 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 ca lculated 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 su rplus 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

- 40

- 7270 A may not be used to generate surp lus 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 t he 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 subdivi sion 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 which is selling surplus reductions and the responsible ACP party which 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) Th e date the surplus reductions being traded are due to expire;

(3) The amount (in pounds of VOCs) of surplus reductions that are being transferred;

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

(5) The contact persons, names of the companies, street and mail addresses, and phone numbers of the responsible ACP parties involved in the trading of the surplus reductions;

(6) A copy of the board

- issued surplus reductions certificate, signed by both the seller and buyer of the

cert ificate, 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 buye r 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. Sur plus 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 which is reformulated to result in a reduction in the product's VOC content, and which 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 propo sed ACP is submitted to the board. Early reformulation does not include reformulated ACP products which 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

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2035 products, provided that all of the following documentation has been provided by the responsible ACP party to the s atisfaction 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 9VAC5

- 4 0

- 7270 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 f or 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

s ection;

(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:

SR = Enforceable Sales x ((VOC Content) initial -

(VOC Content) final )

100

where

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

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

VOC content initial = the pre

- ACP VOC content of the ACP product, or the applicable VOC standard specified

in 9VAC5

- 40

- 7270 A, whichever is the lesser of the two, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product.

VOC content final = the VOC content of the early reformulated ACP product after the early reformulation is achieved, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product.

d. The use of limited use surplus reduction credits issued pursuant to this subdivision shall be subje ct to all of the following provisions: (1) Limited use surplus reduction credits shall be used solely to reconcile the responsible ACP party's shortfalls, if any, generated during the first compliance period occurring immediately after the issuance of the ACP agreement approving an ACP, and shall not be used for another purpose;

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

(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 re conciliation 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 preapproval 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;

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2036 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 mo dification.

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 modifi cations 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 otherw ise 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 which 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 b oard.

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, or (ii) the information submitted pursuant to the approval process set forth in subsection C

of this sectio n 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 emi ssions

will not exceed the ACP limit. Modifications of ACPs are considered case decisions and will be processed using the procedures prescribed in 9VAC5

- 170 and Article 3 (§ 2.2

- 4018 et seq.) of the Administrative Process Act.

2. If any applicable VOC sta ndards specified in 9VAC5

- 40

- 7270 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 s ubsection 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

- 40

- 7270 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;

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 th e 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 v iolations.

3. Cancellations of ACPs are considered case decisions and will be processed using the procedures prescribed in

9VAC5

- 170 and Article 3 (§ 2.2

- 4018 et seq.) of the

Administrative Process Act.

4. The responsible ACP party for an ACP which is

ca nceled 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

- 40

- 7270 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 t his section is public information that may not be

claimed as confidential. All other information submitted to the board to meet the requirements of this article shall be handled in accordance with the procedures specified in §§

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2037 10.1

- 1314 and 10.1

- 1314.1 of the Virginia Air Pollution

Control Law and 9VAC5

- 170

- 60.

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 responsib le 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 b oth 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

Sub chapter 8.5, Article 4, §§ 94540

- 94555, of Title 17 of the California Code of Regulations (see 9VAC5

- 20

- 21) may be exempt from Table 4

- 50A for the period of time that the CARB ACP agreement remains in effect provided that all ACP products within the CARB A CP agreement are

contained in Table 4

- 50A. 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 exem ption and certification that the manufacturer will comply with the CARB ACP decision for those ACP products in the areas specified in 9VAC5

- 40

- 7240 B.

9VAC5

- 40

- 7290. Innovative products. (Repealed.)

A. Manufacturers of consumer products may seek an

innova tive products exemption in accordance with the following criteria:

1. The board will exempt a consumer product from the VOC limits specified in 9VAC5

- 40

- 7270 A if a manufacturer demonstrates by clear and convincing evidence that, due to some characteristi c 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

9V AC5

- 40

- 7270 A, or

b. The calculated VOC emissions from a noncomplying representative product, if the product had been reformulated to comply with the VOC limits specified in 9VAC5

- 40

- 7270 A. VOC emissions shall be calculated using the following equation:

E R = E NC x VOC STD

VOC NC

where

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

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

VOC STD = the VOC limit specified in Table 4

- 50A.

VOC NC = the VOC content of the noncomplying product

in its current formulation.

If a manufacturer demonstrates that this equation yields inaccurate results due to some characteristic of the product

formulation o r other factors, an alternative method which accurately calculates emissions may be used upon approval

of the board.

2. For the purposes of this subsection, "representative consumer product" means a consumer product that meets all of the following criteri a: a. The representative product shall be subject to the same

VOC limit in 9VAC5

- 40

- 7270 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 which 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 emis sions 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 enabl e the board to establish enforceable conditions for granting the exemption, including the VOC content for the innovative product and test methods for determining the VOC content. All information submitted by a manufacturer pursuant to this section shall be handled in accordance with the procedures specified in §§ 10.1

- 1314 and 10.1

- 1314.1 of the Virginia Air Pollution Control Law and 9VAC5

- 170

- 60.

4. Within 30 days of receipt of the exemption application, the board will determine whether an application is complete.

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2038 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

- 40

- 7270 A will be permitted. The applicant and the board may mutually agree to a longer time period for reaching 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 t erms 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 t est 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 se ction, 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 which would alt er the emissions estimates submitted to the board in support of the exemption application.

8. If the VOC limits specified in 9VAC5

- 40

- 7270 A are lowered for a product category through a subsequent rulemaking, all innovative product exemptions granted for products in the product category, except as provided in this subdivision, shall have no force and effect as of the

effective date of the modified VOC standard. This subdivision shall not apply to those innovative products

that have VOC emissions less than the applicable lowered

VOC limit and for which a written notification of the product's emissions status versus the lowered VOC limit has been submitted to and approved by the board at least 60 days before the effective date of such limits.

9. If the board believes that a consumer product for which an exemption has been granted no longer meets the criteria for an innovative product specified in subdivision 1 of this subsection, the board may modify or revoke the exemption as necessary to assure that the pro duct will meet these criteria. Modifications and revocations of exemptions are considered case decisions and will be processed using the procedures prescribed in 9VAC5

- 170 and Article 3 (§ 2.2

- 4018 et seq.) of the Administrative Process Act.

B. In grantin g 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, § 94511, or Subchapter 8.5, Article 1, § 94503.5 of Title 17 of the California Code of Regulations (see 9VAC5

- 20

- 21) may be exempt from Table 4

- 50A 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 4

- 50A. A manufacturer claiming such an exemption on this basis must submit to the board a copy of the C ARB 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 thos e products in the areas specified in 9VAC5

- 40

- 7240 B.

9VAC5

- 40

- 7300. Administrative requirements. (Repealed.)

A. Each manufacturer of a consumer product subject to

9VAC5

- 40

- 7270 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. The date or 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) withou t disassembling a part of the container or packaging. This date or code shall be displayed on each consumer product container or package no later than the effective date of the applicable standard specified in 9VAC5

- 40

- 7270 A. No person shall erase, alter, deface, or otherwise remove or make illegible a date or code from a regulated product container without the express authorization of the manufacturer. The requirements of this provision shall not apply to products containing no VOCs or containing VOCs at 0.10% by weight

or less.

B. If a manufacturer uses a code indicating the date of manufacture for a consumer product subject to 9VAC5

- 40

- 7270, an explanation of the code must be filed with the board upon request by the board.

C. Notwithstanding the defini tion of "product category" in

9VAC5

- 40

- 7260 C, if anywhere on the principal display panel of a consumer product, a representation is made that the product may be used as or is suitable for use as a consumer product for which a lower VOC limit is specified in 9VAC5

- 40

- 7270 A, then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners and antiperspirant or deodorant products.

D. Provisions follow concerning additional labeling requirements for aerosol adhesives.

1. In addition to the requirements specified in subsections

A and C of this section and in 9VAC5

- 40

- 7360, both the manufacturer and responsible party for each aerosol

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2039 adhesive product subject to this article shall ensure that all products clearly display t he following information on each product container which is manufactured on or after the applicable compliance date specified in 9VAC5

- 40

- 7330.

a. The aerosol adhesive category as specified in 9VAC5

- 40

- 7270 A or an abbreviation of the category shall be

di splayed;

b. (1) The applicable VOC standard for the product that is specified in 9VAC5

- 40

- 7270 A, expressed as a percentage by weight, shall be displayed unless the product is included in an alternative control plan approved by the board, as provided in 9 VAC5

- 40

- 7280;

(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

- 40

- 7270 A, the product shall be labeled with the term "ACP" or "ACP product";

(3) 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;

(4) If the manufacturer or respons ible 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 produ ct container such that it is readily observable without removing or disassembling a portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legib le 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

- 40

- 7310. Standard for toxic pollutants. (Repealed.)

The provisions of Article 4 (9VAC5

- 60

- 200 et seq.) of 9VAC5 Chapter 60 (Emission Standards for Toxic Pollutants from Existing Sources, Rule 6

- 4) do not apply.

9VAC5

- 40

- 7320. Compliance. (Repealed.)

The provisions of subsections B, D, F, and J of 9VAC5

- 40

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

- 40

- 20 do not apply.

9VAC5

- 40

- 7330. Compliance schedules. (Repealed.)

Affected persons shall comply with the provisions of this article as expeditiously as possible but in no case later than:

1. July 1, 2005, in the Northern Virginia VOC Emissions Control Area; or

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

Control Area. 9VAC5

- 40

- 7340. Test methods and procedures. (Repealed.)

A. The provisions of 9VAC5

- 40

- 30 (Emission testing) apply.

B. 1. Testing to determine compliance with the requirements of this article shall be performed using CARB Method 310 (see 9VAC5

- 20

- 21). Alternative methods that can accurately determine the concentration of VOCs in a subject product or its emissions may be used consistent with the approval requirements of 9VAC5

- 40

- 20 A 2.

2. In sections 3.5, 3.6, and 3.7 of CARB Method 310 (see

9VAC5

- 20

- 21), a process is specified for the "Initial

Determination of VOC Content" and the "Final

Determination of VOC Content." Infor mation submitted to the board may be claimed as confidential; such information will be handled in accordance with the confidentiality procedures specified in §§ 10.1

- 1314 and 10.1

- 1314.1 of the Virginia Air Pollution Control Law and 9VAC5

- 170

- 60.

C. For V OC content determinations using product formulation and records, testing to determine compliance with the requirements of this article may also be demonstrated through calculation of the VOC content from records of the

amounts of constituents used to make the product pursuant to the following criteria:

1. Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of t he individual product constituents. These records must be kept for at least three years.

2. For the purposes of this subsection, the VOC content shall be calculated according to the following equation:

VOC Content = ((B

- C) x 100)

A

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

- 40

- 7250.

3. If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310 (see

9VAC5

- 20

- 21), the results of CARB Method 310 shall take precedence over the product recor ds and may be used to establish a violation of the requirements of this article.

D. Testing to determine whether a product is a liquid or solid shall be performed using ASTM "Standard Test Method for Determining Whether a Material is a Liquid or a Solid" (see 9VAC5

- 20

- 21).

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2040 E. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Complian ce Certification Protocol (see 9VAC5

- 20

- 21).

F. Testing to determine distillation points of petroleum

distillate

- based charcoal lighter materials shall be performed using ASTM "Standard Test Method for Distillation of Petroleum Products at Atmospheric Pre ssure" (see 9VAC5

- 20

- 21).

G. No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, a nd other tests, processes, or records used in connection with product

manufacture.

9VAC5

- 40

- 7350. Monitoring. (Repealed.)

The provisions of 9VAC5

- 40

- 40 (Monitoring) apply.

9VAC5

- 40

- 7360. Notification, records and reporting. (Repealed.)

A. The provisions of subsections D, E, F, and H of 9VAC5

- 40

- 50 (Notification, records and reporting) apply. The other provisions of 9VAC5

- 40

- 50 do not apply.

B. Upon 90 days written notice, the board may require a responsible party to report information f or a consumer product the board may specify, including, but not limited to, all or part of the following information:

1. The name of the responsible party and the party's address, telephone number, and designated contact person;

2. A claim of confidentia lity made pursuant to 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

belo ngs; 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 calcula te sales for each product form;

8. For registrations submitted by two companies, an identification of the company which is submitting relevant data separate from that submitted by the responsible party. All registration information from both companies sha ll be submitted by the date specified in this subsection;

9. For each product brand name and form, the net percent by weight of the total product, less container and packaging, composed of the following, rounded to the

nearest one

- tenth of a percent (0.1% ): a. Total exempt compounds;

b. Total LVP

- VOCs that are not fragrances;

c. Total all other carbon

- containing compounds that are not fragrances;

d. Total all noncarbon

- containing compounds;

e. Total fragrance;

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

(1) The percent of fragrances that are LVP

- VOCs; and

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

containing compounds;

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 applicabl e, the weight percent composed of propellent for each product;

12. If applicable, an identification of the type of propellent.

C. In addition to the requirements of subdivision B 10 of this section, the responsible party shall report to the board the net percent by weight of each ozone

- depleting compound which

is:

1. Listed in 9VAC5

- 40

- 7270 H; and

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

D. All information submitted b y responsible parties pursuant

to this section shall be handled in accordance with the procedures specified in §§ 10.1

- 1314 and 10.1

- 1314.1 of the Virginia Air Pollution Control Law and 9VAC5

- 170

- 60.

E. Provisions follow concerning special reporting requi rements 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

- 40

- 7270 A and contain perchloroethylene or

me thylene 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 report the following information for products sold during each calendar year, beginning with the year of the applicable compliance date specified in 9VAC5

- 40

- 7330, and ending with the year 2010:

## Regulations

Volume 28, Issue 25 Virginia Register of Regulations August 13, 2012

2041 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 percent, to the ne arest 0.10%, of perchloroethylene and methylene chloride in the consumer product;

3. The information specified in subdivision 2 of this subsection shall be reported for each calendar year by March 1 of the following year. The first report shall be due

on March 1 of the calendar year following the year of the applicable compliance date specified in 9VAC5

- 40

- 7330. A new report is due on March 1 of each year thereafter, until March 1, 2011, when the last report is due.

VA.R. Doc. No. R12

- 3114; Filed July 23, 2012, 10:47 a.m.

Fast

- Track Regulation

Title of Regulation: 9VAC5

- 140. Regulation for Emissions Trading Programs (Rev. K11) (repealing 9VAC5

- 140

- 5010 through 9VAC5

- 140

- 5750).

Statutory Authority: §§ 10.1

- 1308 and 10.1

- 1322.3 of the Code of Virginia; federal Clean Air Act (§§ 108, 109, 110

, and 302); 40 CFR Part 51.

Public Hearing Information: No public hearings are

scheduled.

Public Comment Deadline: September 12, 2012.

Effective Date: September 27, 2012.

Agency Contact: Mary E. Major, Department of Environmental Quality, 629 East Main Street, P.O. Box 1105, Richmond, VA 23218, telephone (804) 698

- 4423, FAX (804)

698

- 4510, or email mary.major@deq.vir ginia.gov.

Basis: Section 10.1

- 1308 of the Virginia Air Pollution Control Law (Chapter 13 (§ 10.1

- 1300 et seq.) of Title 10.1 of the Code of Virginia) authorizes the State Air Pollution Control Board to promulgate regulations abating, controlling, and proh ibiting air pollution to protect public health and

welfare. Section 10.1

- 1328 C of the Code of Virginia requires that the board adopt a "state model rule" or "state trading rule" that will allow the state to implement the Environmental Protection Agency (E PA) Clean Air Mercury Rule (CAMR) and facilitate the trading of Hg allowances within the United

States.

On May 18, 2005 (70 FR 28606), EPA published the CAMR, a rule designed to significantly reduce mercury emissions

from coal

- fired power plants across th e country and to reduce the regional deposition of mercury and its subsequent entry into the food chain. CAMR was effective July 11, 2005. On June 9, 2006 (71 FR 33388), and December 22, 2006 (71 FR 77121), EPA published amendments to the CAMR.

EPA assigne d each state an emissions "budget" for mercury, and each state was required to submit a plan detailing how it will meet its budget for reducing mercury from coal

- fired power plants. The CAMR included emissions guidelines for

the affected coal

- fired utility units. States had some flexibility in how to implement the program but, at a minimum, regulations must be at least as stringent as the guidelines.

Purpose: The Virginia State Air Pollution Control Board adopted its final regulation to implement the federa l CAMR program on January 16, 2007. The regulation was published in the Virginia Register on March 5, 2007, and became effective on April 4, 2007.

On February 8, 2008, the District of Columbia Circuit Court of Appeals, in a unanimous decision, vacated CAM R and the associated New Source Performance Standard (NSPS). In the decision, the court found that EPA's action to remove oil

- and

coal

- fired electric generating units (EGUs) from the list of source categories to be regulated under the Clean Air Act § 112 did not comply with the requirements of the statute.

CAMR was vacated because the court determined that EGUs must be regulated under CAA § 112 standards, rather than the § 111

- based standards (NSPS). The vacatur was mandated by the court on March 14, 2008, and the associated mercury rules were no longer effective at the federal level. Because the underlying federal rule has been vacated, there is no longer a basis on which the state rule can operate, thus rendering the state rule unnecessary and inconsisten t with the federal

program. Rationale for Using Fast

- Track Process: As explained in the Purpose statement above, the underlying federal rule has been vacated, rendering the state rule unnecessary and inconsistent with the federal program. There is no stake holder group that is likely to object to repeal of the regulation. The use of the

fast

- track rulemaking process is, therefore, appropriate.

Substance: This action repeals all provisions of Part VI of

9VAC5

- 140 (Hg Budget Trading Program for Coal

- Fired

Ele ctric Steam Generating Units).

Issues: The primary advantage to the public is the removal of unusable regulatory requirements. There are no disadvantages to the public. The primary advantage to the department is the removal of regulations that are no longe r necessary. There are no disadvantages to the department.

Department of Planning and Budget's Economic Impact Analysis:

Summary of the Proposed Amendments to Regulation. The Virginia State Air Pollution Control Board adopted this regulation to implement t he federal Clean Air Mercury Rule (CAMR) program on January 16, 2007. The regulation was published in the Virginia Register on March 5, 2007, and became effective on April 4, 2007.

### ENCLOSURE 3

PUBLIC PARTICIPATION RECORD

T he complete record of public participation activities is located at the Air Division of the Department of Environmental Quality. The d epartment contact to access this information is the Director, Air Division

.

The state did not receive comments on this particular revision.

TEMPLATES \ SIP

- REG \ REG03

- pc SIP \ NONATTN PLANS \ 2013 \ A 12

- SIP

- 3.DOC