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 02 Z013 

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the SIP because they were repealed in their entirety. These articles were repealed because they 

have been replaced by corresponding articles in 9V AC5-45 (Consumer and Commercial 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 There is therefore no longer a need for reference to the repealed regulations in 
Virginia'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. 

Si ·.erely, !'\ 

1/) ! ,) j 

, tit~tPJ! Vf/l'L 

David K. Paylor fj 

DKP\kgs 

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 

regulations submitted for approval and incorporation 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 (repealed)

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 Notification, 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 ARCHITECTURAL 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)

9VAC5-40-7210 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)

9VAC5-40-7330 Compliance schedules (repealed)

9VAC5-40-7340 Test methods and procedures (repealed)

9VAC5-40-7350 Monitoring (repealed)

9VAC5-40-7360 Notification, records and reporting (repealed)

TEMPLATES\SIP-REG\REG01

SIP\NONATTN PLANS\2013\A12-SIP-1.DOC
COMMONWEALTH 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 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 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 this 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 petroleum solvents (diluents). Upon exposure to atmospheric conditions 

the diluents evaporate, leaving the asphalt cement to perform its function.

"Emulsified asphalt" means an emulsion of asphalt cement and water 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 
COMMONWEALTH 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 course. 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, mixing, 

storage, use or application of liquefied asphalt for paving operations unless such asphalt 

is of the emulsified asphalt type.

B. Regardless of the provisions of subsection A of this section, the 

manufacture, mixing, storage, use or application of cutback asphalt is permitted under 

any of the following circumstances:

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

2. When use or application during the months of November through 

March is necessary;

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

necessary; or

4. When the user can demonstrate that there are no volatile organic 

compound emissions from the asphalt under conditions of normal use.

C. The provisions of subsection A of this section do not preclude the 

manufacture, mixing, storage, use or application of heated asphalt cement as a 

component in asphaltic concrete mixing or for priming in surface treatment.

D. Notwithstanding the provisions of subsection A of this section, the 

manufacture, mixing, storage, use or application of emulsified asphalt containing volatile 

organic compounds is permitted provided the annual average of volatile organic 

compound content for all emulsified asphalts used does not exceed 6% 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 Visible 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 
COMMONWEALTH 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 Pollutants, 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. Monitoring. (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 

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 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) 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 the 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 leakproof 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. 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.
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 otherwise acquires a new 

portable fuel container or spout for personal, family, household, or institutional use. 

Persons acquiring a portable fuel container or spout for resale are not “consumers” for 

that product.

“Distributor” means any person to whom a portable fuel container or spout 

is sold or supplied for the purpose of resale or distribution in commerce. This term does 

not include manufacturers, retailers, and consumers.

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

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

“Manufacturer” means any person who imports, manufactures, assembles, 

produces, packages, repackages, or re-labels a portable fuel container or spout.

“Nominal capacity” means the volume indicated by the manufacturer that 

represents the maximum recommended filling level.

“Outboard engine” means a spark-ignition marine engine that, when 

properly mounted on a marine watercraft in the position to operate, houses the engine 

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

“Permeation” means the process by which individual fuel molecules may 

penetrate the walls and various assembly components of a portable fuel container directly 

to the outside ambient air.

“Portable fuel container” means any container or vessel with a nominal 

capacity of 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 describes the 

product with respect to its nominal capacity, material construction, fuel flow rate, and 

permeation rate, as applicable, as determined by the board.

“Retailer” means any person who owns, leases, operates, controls, or 

supervises a retail outlet.

“Retail outlet” means any establishment at which portable fuel containers or 

spouts are sold, supplied, or offered for sale.

“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 container 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 sale 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. 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 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 system 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 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 
COMMONWEALTH 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 grams 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 sale 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 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 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 workmanship.

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 or 
COMMONWEALTH 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 those test results available 

within 60 days of request.

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

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

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

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

regulations.

E. 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.

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 manufacture 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, and 
COMMONWEALTH 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 clearly 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 motor vehicles shall clearly display the phrase “Not Intended For Refueling 

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

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

system or on a label affixed thereto, and on the accompanying package, if any; and

2. For a spill-proof spout sold separately from a spill-proof system, on 

either the spill-proof spout, or a label affixed thereto, and on the accompanying package, 

if any.

9VAC5-40-5740. 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 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.
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 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 hardship;

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

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

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

3. That the compliance report proposed by the applicant can 

reasonably be implemented and shall achieve compliance as expeditiously as possible.

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

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

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

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

carry out the purposes of this article.

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

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

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

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

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 this article shall 
COMMONWEALTH 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 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 test procedures in subsection 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 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).

(Repealed).

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 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 9VAC5-20-206. 

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 Emissions Control Areas or for shipment to other manufacturers for 

reformulation or repackaging.

2. Any aerosol coating product.
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3. Any architectural coating that is sold in a container with a volume of 

one liter (1.057 quart) or less.

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

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

transactions between manufacturers/commercial distributors that sell, or otherwise 

provide, products to businesses/governmental entities/individuals.

9VAC5-40-7130. 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 

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 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, including but not limited to bathroom 

and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; 

heating equipment, air conditioning equipment, and other fixed mechanical equipment or 
COMMONWEALTH 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 nonstationary structures such as airplanes, ships, boats, railcars, and automobiles, and 

adhesives are not considered architectural coatings for the purposes of this article.

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

“Bitumens” means black or brown materials including, but not limited to, 

asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of 

hydrocarbons, and are obtained from natural deposits of asphalt or as residues from the 

distillation of crude petroleum or coal.

“Bituminous roof coating” means a coating which incorporates bitumens 

that is labeled and formulated exclusively 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 formulated for application 

between layers of concrete to prevent a freshly poured top layer of concrete from bonding 

to the layer over which it is poured.

“Calcimine recoater” means a flat solvent borne coating formulated and 

recommended specifically for recoating calcimine-painted ceilings and other calciminepainted substrates.

“Clear brushing lacquers” means clear wood finishes, excluding clear 

lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by 

solvent evaporation without chemical reaction and to provide a solid, protective film, which 

are intended exclusively for application by brush and which are labeled as specified in 

9VAC5-40-7150 5.

“Clear wood coatings” means clear and semi-transparent coatings, 

including lacquers and varnishes, applied to wood substrates to provide a transparent or 

translucent solid film.

“Coating” means a material applied onto or impregnated into a substrate for 

protective, decorative, or functional purposes. Such materials include, but are not limited 

to, paints, varnishes, sealers, and stains.
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 curing compound” means a coating labeled and formulated for 

application to freshly poured concrete to retard the evaporation of water.

“Concrete surface retarder" means a mixture of retarding ingredients such 

as extender pigments, primary pigments, resin, and solvent that interact chemically with 

the cement to prevent hardening on the surface where the retarder is applied, allowing 

the retarded mix of cement and sand at the surface to be washed away to create an 

exposed aggregate finish.

"Conversion varnish" means a clear acid curing coating with an alkyd or 

other resin blended with amino resins and supplied as a single component or twocomponent product. Conversion varnishes produce a hard, durable, clear finish designed 

for professional application to wood flooring. The film formation is the result of an acidcatalyzed condensation reaction, effecting a transetherification at the reactive ethers of 

the amino resins.

“Dry fog coating” means a coating labeled and formulated only for spray 

application such that overspray droplets dry before subsequent contact with incidental 

surfaces in the vicinity of the surface coating activity.

“Exempt compound” means a compound identified as exempt under the 

definition of Volatile Organic Compound (VOC) in 9VAC5-10-20. Exempt compounds 

content of a coating shall be determined by Reference Method 24 or South Coast Air 

Quality Management District (SCAQMD) Method for Determination of Exempt 

Compounds (see 9VAC5-20-21)].

"Extreme durability coating" means an air-dried coating, including 

fluoropolymer-based coating, that is formulated and recommended for application to 

exterior metal surfaces and touch-up, repair and overcoating of precoated metal surfaces, 

and that meets the weathering requirements of American Architectural Manufacturers 

Association Voluntary Specification - Performance Requirements and Test Procedures for

High Performance Organic Coatings on Aluminum Extrusions and Panels (see 9VAC5-

20-21).

“Faux finishing coating” means a coating labeled and formulated as a stain 

or a glaze to create artistic effects including, but not limited to, dirt, old age, smoke 

damage, and simulated marble and wood grain.
COMMONWEALTH OF VIRGINIA PAGE 15 of 92

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“Fire-resistive coating” means an opaque coating labeled and formulated to 

protect the structural integrity by increasing the fire endurance of interior or exterior steel 

and other structural materials, that has been fire tested and rated by a testing agency and 

approved by building code officials for use in bringing assemblies of structural materials 

into compliance with federal, state, and local building code requirements. The fireresistive 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)].

“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 fireretardant coating shall be tested in accordance with ASTM Standard Test Method for 

Surface Burning Characteristics of Building Construction Materials (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 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, which may be subjected to foot traffic.

“Flow coating” means a coating labeled and formulated exclusively for use 

by electric power companies or their subcontractors to maintain the protective coating 

systems present on utility transformer units.

“Form-release compound” means a coating labeled and formulated for 

application to a concrete form to prevent the freshly poured concrete from bonding to the 

form. The form may consist of wood, metal, or some material other than concrete.

“Graphic arts coating or sign paint” means a coating labeled and formulated 

for hand-application by artists using brush or roller techniques to indoor and outdoor signs 

(excluding structural components) and murals including letter enamels, poster colors, 

copy blockers, and bulletin enamels.

“High-temperature coating” means a high-performance coating labeled and 

formulated for application to substrates exposed continuously or intermittently to 

temperatures above 204 degrees Centigrade (400 degrees Fahrenheit).

“Impacted immersion coating” means a high performance maintenance 

coating formulated and recommended for application to steel structures subject to 
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immersion in turbulent, debris-laden water. These coatings are specifically resistant to 

high-energy impact damage caused by floating ice or debris.

“Industrial maintenance coating” means a high-performance architectural 

coating, including primers, sealers, undercoaters, intermediate coats, and topcoats, 

formulated for application to substrates exposed to one or more of the following extreme 

environmental conditions, and labeled as specified in 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 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 to provide a solid, protective film.

“Low-solids coating” means a coating containing 0.12 kilogram or less of 

solids per liter (1 pound or less of solids per gallon) of coating material.

“Magnesite cement coating” means a coating labeled and formulated for 

application to magnesite cement decking to protect the magnesite cement substrate from 

erosion by water.

“Mastic texture coating” means a coating labeled and formulated to cover 

holes and minor cracks and to conceal surface irregularities, and is applied in a single 

coat of at least 10 mils (0.010 inch) dry film thickness.

“Metallic pigmented coating” means a coating containing at least 48 grams 

of elemental metallic pigment, mica particles or any combination of metallic pigment or 

mica particles per liter of coating as applied (0.4 pounds per gallon), when tested in 

accordance with South Coast Air Quality Air Management District (SCAQMD) Method for 
COMMONWEALTH 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 when 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 Standard 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).

“Nonindustrial use” means any use of architectural coatings except in the 

construction or maintenance of any of the following: facilities used in the manufacturing of 

goods and commodities; transportation infrastructure, including highways, bridges, 

airports and railroads; facilities used in mining activities, including petroleum extraction; 

and utilities infrastructure, including power generation and distribution, and water 

treatment and distribution systems.

“Nuclear coating” means a protective coating formulated and recommended 

to seal porous surfaces such as steel (or concrete) that otherwise would be subject to 

intrusions by radioactive materials. These coatings must be resistant to long-term (service 

life) cumulative radiation exposure as determined by ASTM Standard Test Method for 

Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants 

(see 9VAC5-20-21), relatively easy to decontaminate, and resistant to various chemicals 

to which the coatings are likely to be exposed as determined by ASTM Standard Test 

Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants 

(see 9VAC5-20-21).

“Post-consumer coating” means a finished coating that would have been 

disposed of in a landfill, having completed its usefulness to a consumer, and does not 

include manufacturing wastes.

“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 Chemical Intermediates Used in Paint, Varnish, Lacquer 

and Related Products (see 9VAC5-20-21), that is labeled and formulated for application 

directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of 

subsequent topcoats.

“Primer” means a coating labeled and formulated for application to a 
COMMONWEALTH 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 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 re-coated 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 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 coating” 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 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.
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 coatings by materials 

in the substrate.

“Secondary coating (rework)” means a fragment of a finished coating or a 

finished coating from a manufacturing process that has converted resources into a 

commodity of real economic value, but does not include excess virgin resources of the 

manufacturing process.

“Shellac” means a clear or opaque coating formulated solely with the 

resinous secretions of the lac beetle (Laciffer lacca), thinned with alcohol, and formulated 

to dry by evaporation without a chemical reaction.

“Shop application” means the application of a coating to a product or a 

component of a product in or on the premises of a factory or a shop as part of a 

manufacturing, production, or repairing process (e.g., original equipment manufacturing 

coatings).

“Solicit” means to require for use or to specify, by written or oral contract.

“Specialty primer, sealer, and undercoater” means a coating labeled as 

specified in 9VAC5-40-7150 7 and that is formulated for application to a substrate to seal 

fire, smoke or water damage; to condition excessively chalky surfaces; or to block stains. 

An excessively chalky surface is one that is defined as having a chalk rating of four or 

less as determined by ASTM Standard Test Methods for Evaluating the Degree of 

Chalking of Exterior Paint Films (see 9VAC5-20-21).

“Stain” means a clear, 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 coating labeled and formulated to coat 

the interior of swimming pools and to resist swimming pool chemicals.

“Swimming pool repair and maintenance coating” means a rubber-based 

coating labeled and formulated to be used over existing rubber-based coatings for the 

repair and maintenance of swimming pools.

“Temperature-indicator safety coating” means a coating labeled and 

formulated as a color-changing indicator coating for the purpose of monitoring the 

temperature and safety of the substrate, underlying piping, or underlying equipment, and 

for application to substrates exposed continuously or intermittently to temperatures above 

204 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 

formulated and recommended for application to roofing or other structural surfaces and 

that incorporates no less than 40% by weight of thermoplastic rubbers in the total resin 

solids and may also contain other ingredients including, but not limited to, fillers, 

pigments, and modifying resins.

“Tint base” means an architectural coating to which colorant is added after 

packaging in sale units to produce a desired color.

“Traffic marking coating” means a coating labeled and formulated for 

marking and striping streets, highways, or other traffic surfaces including, but not limited 

to, curbs, berets, driveways, parking lots, sidewalks, and airport runways.

“Undercoater” means a coating labeled and formulated to provide a smooth 

surface for subsequent coatings.

“Varnish” means a clear or 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 gloss 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 filmforming coating that is labeled and formulated for sealing concrete and masonry to 

provide resistance against water, alkalis, 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 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.).

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 limit 
COMMONWEALTH 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 coatings;

Low-solids coatings;

Wood preservatives;

High-temperature coatings;

Temperature-indicator safety coatings;

Antenna coatings;

Antifouling coatings;

Flow coatings;

Bituminous roof primers; 

Calcimine recoaters;

Impacted immersion coatings;

Nuclear coatings;

Thermoplastic rubber coating and mastic; and

Specialty primers, sealers, and undercoaters.

Table 4-49A.

VOC Content Limits for Architectural Coatings

Limits are expressed in grams of VOC per liter1 of coating thinned to the manufacturer's

maximum recommendation, excluding the volume of any water, exempt compounds, or 

colorant added to tint bases. “Manufacturers maximum recommendation” means the 

maximum recommendation for thinning that is indicated on the label or lid of the coating 

container.

Coating Category

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

Bituminous Roof Primers 350

Bond Breakers 350

Calcimine Recoater 475

Clear Wood Coatings

• Clear Brushing Lacquers 680

• Lacquers (including lacquer sanding sealers) 550

• Sanding Sealers (other than lacquer sanding sealers) 350

• Conversion Varnishes 725

• Varnishes (other than conversion varnishes) 350

Concrete Curing Compounds 350

Concrete Surface Retarder 780

Dry Fog Coatings 400

Extreme durability coating 400

Faux Finishing Coatings 350

Fire-Resistive Coatings 350

Fire-Retardant Coatings

• Clear 650

• Opaque 350

Floor Coatings 250

Flow Coatings 420

Form-Release Compounds 250

Graphic Arts Coatings (Sign Paints) 500

High-Temperature Coatings 420

Impacted Immersion Coating 780

Industrial Maintenance Coatings 340

Low-Solids Coatings 120

Magnesite Cement Coatings 450

Mastic Texture Coatings 300

Metallic Pigmented Coatings 500

Multi-Color Coatings 250

Nuclear Coatings 450

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
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• Clear 730

• Opaque 550

Specialty Primers, Sealers, and Undercoaters 350

Stains 250

Swimming Pool Coatings 340

Swimming Pool Repair and Maintenance Coatings 340

Temperature-Indicator Safety Coatings 550

Thermoplastic Rubber Coating and Mastic 550

Traffic Marking Coatings 150

Waterproofing Sealers 250

Waterproofing Concrete/Masonry Sealers 400

Wood Preservatives 350

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 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 containers. 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 industrial 

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 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% by 
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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 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.

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 label) in which the coating is sold or distributed.

1. The date the coating was manufactured, or a date code representing 

the date, shall be indicated on the label, lid, or bottom of the container. If the manufacturer uses a date code for any coating, the manufacturer shall file an explanation of 

each code with the board.

2. A statement of the manufacturer's recommendation regarding 

thinning of the coating shall be indicated on the label or lid of the container. This 

requirement does not apply to the thinning of architectural coatings with water. If thinning 

of the coating prior to use is not necessary, the recommendation shall specify that the 

coating is to be applied without thinning.

3. Each container of any coating subject to this article shall display 

either the maximum or the actual VOC content of the coating, as supplied, including the 

maximum thinning as recommended by the manufacturer. VOC content shall be 

displayed in grams of VOC per liter of coating. VOC 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 thinned or 
COMMONWEALTH OF VIRGINIA PAGE 25 of 92

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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 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 labels 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. (Repealed.)

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 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) 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.
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 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.

9VAC5-40-7220. 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 VOC content of a coating shall be determined by using the procedures 

described in subdivision 1 or 2 of this subsection, as appropriate. The VOC content of a 

tint base shall be determined without colorant that is added after the tint base is 

manufactured.

1. With the exception of low solids coatings, determine the VOC 

content in grams of VOC per liter of coating thinned to the manufacturer's maximum 

recommendation, excluding the volume of any water and exempt compounds. Determine 

the VOC content using equation 1 as follows:

Equation 1: ( )

( ) m w ec

s w ec

V -V -V

W -W -W VOC Content= 

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
COMMONWEALTH 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 maximum recommendation, 

including the volume of any water and exempt compounds. Determine the VOC content 

using equation 2 as follows:

Equation 2: ( )

( ) m

s w ec

V

W -W -W VOC Content(ls)= 

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 the manufacturer to conduct a Reference Method 24 analysis.

D. Exempt compounds that are cyclic, branched, or linear, completely 

methylated siloxanes shall be analyzed as exempt compounds by Bay Area Quality 

Management District (BAAQMD) Method for Determination of Volatile Methylsiloxanes in 

Solvent-Based Coatings, Inks, and Related Materials (see 9VAC5-20-21).

E. The exempt compound parachlorobenzotrifluoride shall be analyzed as an 

exempt compound by BAAQMD Method for Determination of Volatile Organic 

Compounds in Solvent-Based Coatings and Related Materials Containing 

Parachlorobenzotrifluoride (see 9VAC5-20-21).

F. The content of compounds exempt under Reference Method 24 shall be 

determined by SCAQMD Method for Determination of Exempt Compounds, Laboratory 

Methods of Analysis for Enforcement Samples (see 9VAC5-20-21).
COMMONWEALTH OF VIRGINIA PAGE 28 of 92

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

G. The VOC content of a coating shall be determined by Reference Method 24 

(see 9VAC5-20-21).

H. The VOC content of coatings may be determined by either Reference 

Method 24 or SCAQMD Method for Determination of Exempt Compounds, Laboratory 

Methods of Analysis for Enforcement Samples (see 9VAC5-20-21).

I. Other test methods may be used for purposes of determining compliance 

with this article consistent with the approval requirements of 9VAC5-40-20-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 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 the 

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 

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 the 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 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 Consumer Products (Rule 4-50). (Repealed.)

9VAC5-40-7240. Applicability. (Repealed.)

A. Except as provided 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 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.

9VAC5-40-7250. Exemptions. (Repealed.)
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 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 long as the 

manufacturer or distributor can demonstrate both that the consumer product is intended 

for shipment and use outside of the applicable volatile organic compound emissions 

control areas designated in 9VAC5-40-7240, and that the manufacturer or distributor 

has taken reasonable prudent precautions to assure that the consumer product is not 

distributed to those applicable volatile organic compound emissions control areas. This 

subsection does not apply to consumer products that are sold, supplied, or offered for 

sale by any person to retail outlets in those applicable volatile organic compound 

emissions control areas.

C. The medium volatility organic compound (MVOC) content standards 

specified in 9VAC5-40-7270 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 LVPVOC.

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 to 

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 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 grounds upon which the waiver is sought, 

including the facts 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 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 application 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 result in extraordinary 

economic hardship;
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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 testimony received at the hearing, 

finds necessary to carry out the purposes of the Virginia Air Pollution Control Law and 

the regulations of the board.

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

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

6. Upon the application of anyone, the board may review and for good 

cause modify or revoke a waiver from requirements of 9VAC5-40-7270. Modifications 

and revocations of waivers are considered case decisions and will be processed using 

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

Administrative Process Act.

L. The requirements of 9VAC5-40-7300 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 

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

“ACP agreement” means the document signed by the board that includes 
COMMONWEALTH 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 per unit, as specified in 

9VAC5-40-7250.

2. For charcoal lighter material products only:

where

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

100

(VOC Content) x (Enforceable Sales) Emissions=

A

((B C) x 100) VOC Content= −

Certified Use Rate

(Certified Emissions x 100) VOC Content=
COMMONWEALTH 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” means the maximum allowable ACP emissions during the 

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

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

where

where

Enforceable sales = (see definition in this section).

ACP standard = (see definition in this section).

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

“ACP product” means any consumer product subject to the VOC 

standards specified in 9VAC5-40-7270 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 material products only, the VOC 

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

100

(ACP Standard) x (Enforceable Sales) Limit=
COMMONWEALTH OF VIRGINIA PAGE 35 of 92

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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.

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

“Adhesive” means any product that is used to bond one surface to 

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

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

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

adhesive also does not include units of product, less packaging, which 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.

“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 which are intended for 

Certified Use Rate

(0.020 pound VOC per start x 100) VOC Standard =
COMMONWEALTH OF VIRGINIA PAGE 36 of 92

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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, 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, libraries, 

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 offered for sale solely through institutional 

and industrial channels of distribution. Air fresheners do include spray disinfectants 

and other products that are expressly represented for use as air fresheners, except 

institutional and industrial disinfectants when offered for sale through institutional and 

industrial channels of distribution. To determine whether a product is an air freshener, 

all verbal and visual representations regarding product use on the label or packaging 

and in the product's literature and advertising may be considered. The presence of, 

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

surface application) shall not constitute a claim of air freshening.

“All other carbon-containing compounds” means all other compounds 

which contain at least one carbon atom and are not an “exempt compound” or an “LVPVOC.”

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

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

crystals, and cloth or paper wipes (towelettes).

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

program approved by the board pursuant to the provisions of this article.
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, deodorant, facial cleaner or soap, general-use hand 

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

alcohol.

“Antiperspirant” means any product including, but not limited to, aerosols, 

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

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

least 50% of a target population.

“Architectural coating” means a coating applied to stationary structures 

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

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

“Astringent or toner” means any product not regulated 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 substrateimpregnated products. This category does not include any hand, face, or body cleaner 

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

antiperspirant.

“Automotive brake cleaner” means a cleaning product designed to remove 

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

mechanisms.

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

1. Designed to protect and improve the appearance of 

automotive paint surfaces;

2. A solid at room temperature; and

3. Contains no water.

“Automotive instant detailer” means a product designed for use in a pump 

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

product being allowed to dry.
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“Automotive rubbing or polishing compound” means a product designed 

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

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

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

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

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

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

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

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

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

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

“Automotive windshield washer fluid” means any liquid designed for use in 

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

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

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

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

purpose of restoring or maintaining visibility for the driver. Glass cleaners that are 

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

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

vehicle.

“Bathroom and tile cleaner” means a product designed to clean tile or 

surfaces in bathrooms. Bathroom and tile cleaners do not include products 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 fuelinjection 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 
COMMONWEALTH OF VIRGINIA PAGE 39 of 92

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the purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor 

vehicles or on household furniture or objects upholstered or covered with fabrics such 

as wool, cotton, nylon, or other synthetic fabrics. Carpet and upholstery cleaners 

include, but are not limited to, products that make fabric protectant claims. Carpet and 

upholstery cleaners do not include general purpose cleaners, spot removers, vinyl or 

leather cleaners, dry cleaning fluids, or products designed exclusively for use at 

industrial facilities engaged in furniture or carpet manufacturing.

"Certified emissions" means the emissions level for products approved 

under 9VAC5-40-7270 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 combustible material designed to 

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

Charcoal lighter material does not include any of the following:

1. Electrical starters and probes,

2. Metallic cylinders using paper tinder,

3. Natural gas,

4. Propane, or

5. Fat wood.

“Colorant” means any pigment or coloring material used in a consumer 

product for an aesthetic effect or to dramatize an ingredient.

“Compliance period” means the period of time, not to exceed one year, for 

which the ACP limit and ACP emissions are calculated and for which compliance with 

the ACP limit is determined, as specified in the ACP agreement approving an ACP.

“Construction, panel, and floor covering adhesive” means any onecomponent adhesive that is designed exclusively for the installation, remodeling, 

maintenance, or repair of:

1. Structural and building components that include, but are not 
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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, carpet pad or cushion, vinyl-backed carpet, 

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

tiles, and artificial grass.

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

“Consumer” means a person who purchases or acquires a consumer 

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

consumer product for resale are not consumers for that product.

“Consumer product” means a chemically formulated product used by 

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

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

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

products, but does not include other paint products, furniture coatings, or architectural 

coatings.

“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 which serve only to contain, enclose, incorporate, deliver, dispense, 
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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 

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

in the ACP agreement approving an ACP.

“Crawling bug insecticide” means an insecticide product that is designed 

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

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

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

product. For the purposes of this definition only:

1. “House dust mite product” means a product whose label, 

packaging, or accompanying literature states that the product is suitable for use against 

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

cockroaches, or other household crawling arthropods.

2. “House dust mite” means mites which 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, rollons, 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 bacteria, pathogenic fungi, or viruses on 

surfaces or inanimate objects and whose label is registered under the FIFRA. 

Disinfectant does not include any of the following:
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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 consumers are not distributors.

“Double phase aerosol air freshener” means an aerosol air freshener with 

the liquid contents in two or more distinct phases that require the product container to 

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

“Dry cleaning fluid” means a non-aqueous 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 not limited to, those products used by commercial dry 

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

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

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

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

products as specified by the American Furniture Manufacturers Association Joint 

Industry Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric 

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

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

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

coating. Dusting aid does not include 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, circuit 
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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, point-of-sale record or 

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

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

applicable volatile organic compound emissions control areas designated in 9VAC5-40-

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, provided 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-trifluoromethyl benzene), or perchloroethylene 

(tetrachloroethylene).

“Fabric protectant” means a product designed to be applied to fabric 

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

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

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

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

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

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

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

medicated toner, or rubbing alcohol.

“Fat wood” means pieces of wood kindling with high naturally-occurring 

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

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

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

USC 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 other product designed to 

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

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

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

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

architectural coatings regulations.

“Floor seam sealer” means a product designed and labeled exclusively for 

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

sheet flooring.

“Floor wax stripper” means a product designed to remove natural or 

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

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

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

abrasion.

“Flying bug insecticide” means an insecticide product that is designed for 

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

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

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

a moth-proofing product. For the purposes of this definition only, "moth-proofing 
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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, 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 purpose adhesive” means a nonaerosol adhesive designed for 

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

1. Contact adhesives,

2. Construction, panel, and floor covering adhesives,

3. Adhesives designed exclusively for application on one 

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

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

or

4. Adhesives designed exclusively for use on one specific 

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

perform a specific function, such as gaskets, automotive trim, weather-stripping, or 

carpets).

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

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

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

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

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

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

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

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

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

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

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

toner, or rubbing alcohol.

“Glass cleaner” means a cleaning product designed primarily for cleaning 

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

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

scientific equipment, and photocopying machines.

“Gross sales” means the estimated total sales of an ACP product in the 

applicable volatile organic compound 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 provide an accurate sales estimate:

1. Apportionment of national or regional sales of the ACP 

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

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

represented by the current population of the applicable volatile organic compound 

emissions control areas designated in 9VAC5-40-7240; or

2. Another documented method which provides an accurate 

estimate of the total current sales of the ACP product.
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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, but is not limited to, dual-use 

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

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

purpose is to condition or hold the hair.

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

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

of the hair coiffure.

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

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

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

products, antimicrobial hand or body cleaner or soap, astringent or toner, facial cleaner 

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

toner, or rubbing alcohol.

“Herbicide” means a pesticide product designed to kill or retard a plant’s 

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

that require a permit for use and possession.

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

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

when measured at 20 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 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
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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 

establishment that:

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

provides services for profit; or

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

educational, or charitable cause.

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

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

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

not include household products and products that are incorporated into or used 

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

the establishment.

“Label” means written, printed, or graphic matter affixed to, applied to, 

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

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

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

“Laundry prewash” means a product that is designed for application to a 

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

laundry detergents or provides specialized performance.

“Laundry starch product” means a product that is designed for application 

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

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

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

“Lawn and garden insecticide” means an insecticide product 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 visually detectable flow as determined under ASTM “Standard Test Method for 
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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.

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

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

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

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

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

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

1. Sold exclusively to establishments which manufacture or 

construct goods or commodities, and

2. Labeled “not for retail sale.”

“LVP content” means the total weight, in pounds, of LVP-VOC in an ACP 

product multiplied by 100 and divided by the product's total net weight (in pounds, 

excluding container and packaging), expressed to the nearest 0.1.

“LVP-VOC” means a chemical compound or mixture that contains at least 

one carbon atom and meets one of the following:

1. Has a vapor pressure less than 0.1 mm Hg at 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 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 skin 
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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 cleaner 

or soap products, astringent or toner, cold cream, lotion, antiperspirants, or products 

that must be purchased with a doctor’s prescription.

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

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

80 mm Hg when measured at 20 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 

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

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

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

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

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

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

marine detailing, or products designed for use in degreasing tanks.

“Missing data days” means the number of days in a compliance period for 

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

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

“Mist spray adhesive” means an aerosol 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 smooth 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 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” means 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” means an organic liquid designed to be used for a 
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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 machines, or solvents that are incorporated into, or used 

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

of the establishment.

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

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

base coats, and top coats.

“Nail polish remover” means a product designed to remove nail polish and 

coatings from fingernails or toenails.

“Nonaerosol product” means a consumer product that is not dispensed by 

a pressurized spray system.

“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, 

supplies, 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 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.
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“Paint” means a pigmented liquid, liquefiable, or mastic composition 

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

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

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

or the modification of light and heat radiation characteristics.

“Paint remover or stripper” means a product designed to strip or remove 

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

affecting the substrate. Paint remover or stripper does not include multi-purpose 

solvents, paint brush cleaners, products designed and labeled exclusively to remove 

graffiti, and hand cleaner products that claim to remove paints and other related 

coatings from skin.

“Penetrant” means a lubricant designed and labeled primarily to loosen 

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

Penetrant does not include 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 which the U.S. Environmental 

Protection Agency does not consider to be a pesticide.

“Pre-ACP VOC content” means the lowest VOC content of an ACP 

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

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

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

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

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

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

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

pertain to all such principal display panels.

“Product brand name” means the name of the product exactly as it 

appears on the principal display panel of the product.

“Product category” means the applicable category 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.
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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 selfpressurized container or from a separate container.

“Pump spray” means a packaging system in which the product ingredients 

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

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

“Reconcile or reconciliation” means to provide sufficient VOC emission 

reductions to completely offset shortfalls generated under the ACP during an applicable 

compliance period.

“Reconciliation of shortfalls plan” means the plan to be implemented by 

the responsible ACP party when shortfalls have occurred, as approved by the board 

pursuant to 9VAC5-40-7280 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 which 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 establishments, 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 Act (§ 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 renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and 

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

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

aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an 
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appearance-enhancing or protective substance on the tire.

“Rubbing alcohol” means a product containing isopropyl alcohol (also 

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

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

rubefacient, and for massage.

“Sealant and caulking compound” means a product with adhesive 

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

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

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

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

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

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

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

purposes of this definition only, “removable caulking compounds” 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, 

in the removal of facial or other bodily hair.

“Shortfall” means the ACP emissions minus the ACP limit when the ACP 

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

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

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

“Silicone-based 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 designed and labeled 

exclusively to release manufactured products from molds.
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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 be shaken before use.

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

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

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

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

per year of all regulated pollutants.

“Solid” means a substance or mixture of substances which, either whole 

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

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

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

“Special purpose spray adhesive” means an aerosol adhesive that meets 

any of the following definitions:

1. “Mounting adhesive” means an aerosol adhesive designed 

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

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

2. “Flexible vinyl adhesive” means an aerosol adhesive 

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

chloride plastic with at least 5%, by weight, of plasticizer content. A plasticizer is a 

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

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

ASTM “Standard Practice for Packed Column Gas Chromatography” (see 9VAC5-20-

21) or from product formulation data.

3. “Polystyrene foam adhesive” means an aerosol adhesive 

designed to bond polystyrene foam to substrates.

4. “Automobile headliner adhesive” means an aerosol adhesive 

designed to bond together layers in motor vehicle headliners.

5. “Polyolefin adhesive” means an aerosol adhesive designed 

to bond polyolefins to substrates.

6. “Laminate repair or edgebanding adhesive” means an 

aerosol adhesive designed for:

a. The touch-up or repair of items laminated with high 
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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. “Automotive 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 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 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 product” means an antiperspirant or a deodorant that contains 

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

frictional action on the affected area.

“Structural waterproof adhesive” means an adhesive whose bond lines

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

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

Subpart C.

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

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

expressed to the nearest pound of VOC. Except as provided in 9VAC5-40-7280 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 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 party has failed to 

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

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

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

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

calculated according to the following calculation:

where

Highest VOC content = the maximum VOC content 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 party has provided all required VOC 

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

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

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

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

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

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

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

the ACP agreement approving the ACP.

Missing Data Days = (see definition in this section).

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

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

content data as specified in the ACP agreement.

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

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

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

TMHE=(MHE ) +(MHE ) + +(MHE ) 1 2  N

) x Missing Data Days 100 x 365

Highest VOC Content x Highest Sales MHE=(
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“Type B propellant” means a halocarbon 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, 

non-paint layer to the undercarriage, trunk interior, or firewall of motor vehicles to 

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

limited to, rubberized, mastic, or asphaltic products.

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

display panel, label, or accompanying literature 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 insecticide” means an insecticide product that is 

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

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

place.

“Waterproofer” means a product designed and labeled exclusively to repel 

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

protectants.

Certified Use Rate

(Certified Emissions x 100) VOC Content=
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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 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 for 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 or after the applicable compliance date 

specified 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 adhesives

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%

Structural waterproof: 15%

Air fresheners
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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%

Automotive 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%

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%
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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 maintenance products

Aerosols: 17%

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%
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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-selective 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 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%
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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 consumer products for which the label, packaging, or 

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

prior to use, the limits specified in Table 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 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 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 
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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 issued pursuant to 

subdivision 2 of this subsection.

d. The product usage directions for the charcoal lighter 

material are the same as those provided to the board pursuant to subdivision 2 c of this 

subsection.

2. Provisions follow concerning certification requirements.

a. No charcoal lighter material formulation shall be certified 

under this subdivision unless the applicant for certification demonstrates to the board's 

satisfaction that the VOC emissions from the ignition of charcoal with the charcoal 

lighter material are less than or equal to 0.020 pound of VOC per start, using the 

procedures specified in the South Coast Air Quality Management District Rule 1174 

Ignition Method Compliance Certification Protocol (see 9VAC5-20-21). The provisions 

relating to LVP-VOC in 9VAC5-40-7250 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 results to those obtained using the South Coast Air 

Quality Management District Rule 1174 Ignition Method Compliance Certification 

Protocol (see 9VAC5-20-21).

c. A manufacturer or distributor of charcoal lighter material may 

apply to the board for certification of a charcoal lighter material formulation in 

accordance with this subdivision. The application shall be in writing and shall include, at 

a minimum, the following:

(1) The results of testing conducted pursuant to the 

procedures specified in South Coast Air Quality Management District Rule 1174 Testing 

Protocol (see 9VAC5-20-21); and

(2) The exact text or graphics that will appear on the 

charcoal lighter material's principal display panel, label, or accompanying literature. 

The provided material shall clearly show the usage directions for the product. These 

directions shall accurately reflect the quantity of charcoal lighter material per pound of 

charcoal that was used in the South Coast Air Quality Management District Rule 1174 

Testing Protocol (see 9VAC5-20-21) for that product, unless:

(a) The charcoal lighter material is intended to be 
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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 already 

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 

provided to the board will accurately reflect the quantity of charcoal lighter material used 

in the South Coast Air Quality Management District Rule 1174 Testing Protocol (see 

9VAC5-20-21) for that product.

(4) Physical property data, formulation data, or other 

information required by the board for use in determining when a product modification 

has occurred and for use in determining compliance with the conditions specified on the 

ACP agreement issued pursuant to subdivision 2 e of this subsection.

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

advise the applicant in writing either that it is complete or that specified additional 

information is required to make it complete. Within 30 days of receipt of additional 

information, the board will advise the applicant in writing either that the application is 

complete, or that specified additional information or testing is still required before it can 

be deemed complete.

e. If the board finds that an application meets the requirements 

of subdivision 2 of this subsection, then an ACP agreement shall be issued certifying 

the charcoal lighter material formulation and specifying such conditions as are 

necessary to insure that the requirements of this subsection are met. The board will act 

on a complete application within 90 days after the application is deemed complete.

3. For charcoal lighter material for which certification has been 

granted pursuant to subdivision 2 of this subsection, the applicant for certification shall 

notify the board in writing within 30 days of: (i) a change in the usage directions, or (ii) a 

change in product formulation, test results, or other information submitted pursuant to 

subdivision 2 of this subsection 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 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 Quality 

Management District Rule 1174 Testing Protocol (see 9VAC5-20-21) and the statistical 

analysis procedures contained therein, the board will revoke or modify the certification 

as is necessary to assure that the charcoal lighter material will result in VOC emissions 
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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 9VAC5-40-7290, 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 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 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 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% by weight or less.

2. If a nonaerosol floor wax stripper is also intended to be used for 

removal of heavy build-up of polish, the label of that floor wax stripper must specify a 
COMMONWEALTH 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 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 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 ozonedepleting compounds that may be present as impurities in a consumer product in an 

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

9VAC5-40-7280. 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 the requirements and process for approval of 

an ACP.

1. To be considered by the board for approval, an application for a 

proposed ACP shall be submitted in writing to the board by the responsible ACP party 

and shall contain all of the following:

a. An identification of the contact persons, phone numbers, 
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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 tracking product sales meet 

the minimum criteria specified in subdivision 1 d (5) of this subsection. To provide this 

demonstration, the responsible ACP party shall do all of the following:

(1) Provide the contact persons, phone numbers, names, 

street and mail addresses of all persons and businesses who will provide information 

that will be used to determine the enforceable sales;

(2) Determine the enforceable sales of each product 

using enforceable sales records;

(3) Demonstrate, to the satisfaction of the board, the 

validity of the enforceable sales based on enforceable sales records provided by the 

contact persons or the responsible ACP party;

(4) Calculate the percentage of the gross sales, 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:
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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 ACP party (not to exceed 365 days). The responsible ACP party shall 

also choose the dates for reporting information such that all required VOC content and 

enforceable sales data for all ACP products shall be reported to the board at the same 

time and at the same frequency;

(2) An identification of specific enforceable sales records 

to be provided to the board for enforcing the provisions of this article and the ACP 

agreement approving an ACP. The enforceable sales records shall be provided to the 

board no later than the compliance period dates specified in subdivision 1 g (1) of this 

subsection;

(3) For a small business or a one-product business which 

will be relying to some extent on surplus trading to meet its ACP limits, a written 

commitment from the responsible ACP party that they will transfer the surplus 

reductions to the small business or one-product business upon approval of the ACP;

(4) For each ACP product, all VOC content levels 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 reproducibility) will be calculated for 

each specified method.
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(5) The projected enforceable sales for each ACP 

product at each different VOC content for every compliance period that the ACP will be 

in effect;

(6) A detailed demonstration showing the combination of 

specific ACP reformulations or surplus trading (if applicable) that is sufficient to ensure 

that the ACP emissions will not exceed the ACP limit for each compliance period that 

the ACP will be in effect, the approximate date within each compliance period that such 

reformulations or surplus trading are expected to occur, and the extent to which the 

VOC contents of the ACP products will be reduced (i.e., by ACP reformulation). This 

demonstration shall use the equations specified in 9VAC5-40-7260 C for projecting the 

ACP emissions and ACP limits during each compliance period. This demonstration 

shall also include all VOC content levels and projected enforceable sales for all ACP 

products to be sold during each compliance period;

(7) A certification that all reductions in the VOC content 

of a product will be real, actual reductions that do not result from changing product 

names, mischaracterizing ACP product reformulations that have occurred in the past, or 

other attempts to circumvent the provisions of this article;

(8) Written explanations of the date-codes that will be 

displayed on each ACP product's container or packaging;

(9) A statement of the approximate dates by which the 

responsible ACP party plans to meet the applicable ACP VOC standards for each 

product in the ACP;

(10) An operational plan (“reconciliation of shortfalls plan”) 

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 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.
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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 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 conditions as are 

necessary to ensure that the emissions from the ACP products do not exceed the 

emissions that would have occurred if the ACP products subject to the ACP had met the 

VOC standards specified in 9VAC5-40-7270 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 compliance history with past or current ACPs or the requirements for consumer 

products in this article, that the responsible ACP party has a recurring pattern of 

violations and has consistently refused to take the necessary steps to correct those 

violations.

C. Provisions follow concerning ACP approval time frames.

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

following time periods:

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

board will inform the applicant in writing that either:

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

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

information required to make the application complete.

b. Within 30 working days of receipt of additional information 

provided in response to a determination that an ACP application is deficient, the board 
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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 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. 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 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 both the board 

and the responsible ACP party.

E. Provisions follow concerning violations.

1. Failure to meet a requirement of this article or a condition of an 

applicable ACP agreement shall constitute a single, separate violation of this article for 

each day until such requirement or condition is satisfied, except as otherwise provided 

in subdivisions 2 through 8 of this subsection.
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2. False reporting of information in an ACP application or in any 

supporting documentation or amendments thereto shall constitute a single, separate 

violation of the requirements of this article for each day that the approved ACP is in 

effect.

3. An exceedance during the applicable compliance period of the 

VOC content specified for an ACP product in the ACP agreement approving an ACP 

shall constitute a single, separate violation of the requirements of this article for each 

ACP product which exceeds the specified VOC content that is sold, supplied, offered 

for sale, or manufactured for use.

4. Any of the following actions shall each constitute a single, separate 

violation of the requirements of this article for each day after the applicable deadline 

until the requirement is satisfied:

a. Failure to report data or failure to report data accurately in 

writing to the board regarding the VOC content, LVP content, enforceable sales, or 

other information required by the deadline specified in the applicable ACP agreement;

b. False reporting of information submitted to the board for 

determining compliance with the ACP requirements;

c. Failure to completely implement the reconciliation of 

shortfalls plan that is set forth in the ACP agreement, within 30 working days from the 

date of written notification of a shortfall by the board; or

d. Failure to completely reconcile the shortfall as specified in 

the ACP agreement, within 90 working days from the date of written notification of a 

shortfall by the board.

5. False reporting or failure to report any of the information specified 

in subdivision F 2 i of this section or the sale or transfer of invalid surplus reductions 

shall constitute a single, separate violation of the requirements of this article for each 

day during the time period for which the surplus reductions are claimed to be valid.

6. Except as provided in subdivision 7 of this subsection, an 

exceedance of the ACP limit for a compliance period that the ACP is in effect shall 

constitute a single, separate violation of the requirements of this article for each day of 

the applicable compliance period. The board will determine whether an exceedance of 

the ACP limit has occurred as follows:

a. If the responsible ACP party has provided all required 

information for the applicable compliance period specified in the ACP agreement 
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approving an ACP, then the board will determine whether an exceedance has occurred 

using the enforceable sales records and VOC content for each ACP product, as 

reported by the responsible ACP party for the applicable compliance period;

b. If the responsible ACP party has failed to provide all the 

required information specified in the ACP agreement for an applicable compliance 

period, the board will determine whether an exceedance of the ACP limit has occurred 

as follows:

(1) For the missing data days, the board will calculate the 

total maximum historical emissions, as specified in 9VAC5-40-7260 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 records and VOC content that were reported for 

that portion of the applicable compliance period;

(3) The ACP emissions for the entire compliance period 

shall be the sum of the total maximum historical emissions, determined pursuant to 

subdivision 6 b (1) of this subsection, and the emissions determined pursuant to 

subdivision 6 b (2) of this subsection;

(4) The board will calculate the ACP limit for the entire 

compliance period using the ACP Standards applicable to each ACP product and the 

enforceable sales records specified in subdivision 6 b (2) of this subsection. The 

enforceable sales for each ACP product during missing data days, as specified in 

subdivision 6 b (1) of this subsection, shall be zero;

(5) An exceedance of the ACP limit has occurred when 

the ACP emissions, determined pursuant to subdivision 6 b (3) of this subsection, 

exceeds the ACP limit, determined pursuant to subdivision 6 b (4) of this subsection.

7. If a violation specified in subdivision 6 of this subsection occurs, the 

responsible ACP party may, pursuant to this subdivision, establish the number of 

violations as calculated according to the following equation:

where

NEV = number of ACP limit violations.

ACP emissions = the ACP emissions for the compliance period.

pounds

(ACP emissions ACPlimit) NEV = 40−
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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 subdivision only if it has provided all required information for the applicable 

compliance period, as specified in the ACP agreement approving the ACP. By 

choosing this option, the responsible ACP party waives all legal objections to the 

calculation of the ACP limit violations pursuant to this subdivision.

8. A cause of action against a responsible ACP party under this 

section shall be deemed to accrue on the date when the records establishing a violation 

are received by the board.

9. The responsible ACP party is fully liable for compliance with the 

requirements of this article, even if the responsible ACP party contracts with or 

otherwise relies on another person to carry out some or all of the requirements of this 

article.

F. Provisions follow concerning surplus reductions and surplus trading.

1. The board will issue surplus reduction certificates 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 surplus reductions can be 

bought from, sold to, or transferred to a responsible ACP party operating under an 

ACP, as provided in subdivision 2 of this subsection. All surplus reductions shall be 

calculated by the board at the end of each compliance period within the time specified 

in the approved ACP. Surplus reduction certificates shall not constitute instruments, 

securities, or another form of property.

2. The issuance, use, and trading of all surplus reductions shall be 

subject to the following provisions:

a. For the purposes of this article, VOC reductions from 

sources of VOCs other than consumer products subject to the VOC standards specified 

in 9VAC5-40-7270 A may not be used to generate surplus reductions;

b. Surplus reductions are valid only when generated by a 

responsible ACP party and only while that responsible ACP party is operating under an 

approved ACP;

c. Surplus reductions are valid only after the board has issued 

an ACP agreement pursuant to subdivision 1 of this subsection.
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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 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 oneproduct business shall have no effect on surplus reductions purchased by that business 

prior to the date of the increase.

g. While valid, surplus reductions can be used only for the 

following purposes:

(1) To adjust the ACP emissions of either the responsible 

ACP party who generated the reductions or the responsible ACP party to which the 

reductions were traded, provided the surplus reductions are not to be used by a 

responsible ACP party to further lower its ACP emissions when its ACP emissions are 

equal to or less than the ACP limit during the applicable compliance period; or

(2) To be traded for the purpose of reconciling another 

responsible ACP party's shortfalls, provided such reconciliation is part of the 

reconciliation of shortfalls plan approved by the board pursuant to subdivision B 1 g (10)

of this section.

h. A valid surplus reduction shall be in effect starting five days 

after the date of issuance by the board for a continuous period equal to the number of 

days in the compliance period during which the surplus reduction was generated. The 

surplus reduction shall then expire at the end of its effective period.

i. At least five working days prior to the effective date of 

transfer of surplus reductions, both the responsible ACP party 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;
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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 parties involved in the 

trading of the surplus reductions;

(6) A copy of the board-issued surplus reductions 

certificate, signed by both the seller and buyer of the certificate, showing transfer of all 

or a specified portion of the surplus reductions. The copy shall show the amount of any 

remaining 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 limitations placed upon the transfer of the surplus 

reductions and accept full responsibility for the appropriate use of such surplus 

reductions as provided in this section.

j. Surplus reduction credits shall only be traded between ACP 

products.

3. Provisions follow concerning limited-use surplus reduction credits 

for early reformulations of ACP products.

a. For the purposes of this subdivision, “early reformulation” 

means an ACP product 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 

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 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;
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(2) Accurate documentation demonstrating that the early 

reformulated ACP product was sold in retail outlets within the time period specified in 

subdivision 3 a of this subsection;

(3) Accurate sales records for the early reformulated 

ACP product which meet the definition 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 reformulated 

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 precision of the test 

methods as specified in subdivision B 1 g (4) of this section.

c. Surplus reduction credits issued pursuant to this subsection 

shall be calculated separately for each early reformulated ACP product by the board 

according to the following equation:

100

((VOC Content ) (VOC Content ) ) SR= Enforceable Sales x

initial final −

where

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

pound.

Enforceable sales = the enforceable sales for the early reformulated ACP 

product, expressed to the nearest pound of ACP product.

VOC contentinitial = the pre-ACP VOC content of the ACP product, or the 

applicable VOC standard specified in 9VAC5-40-7270 A, whichever is the lesser of the 

two, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product.

VOC contentfinal = the VOC content of the early reformulated ACP product 

after the early reformulation is achieved, expressed to the nearest 0.1 pounds of VOC 

per 100 pounds of ACP product.

d. The use of limited use surplus reduction credits issued 

pursuant to this subdivision shall be subject to all of the following provisions:

(1) Limited use surplus reduction credits shall be used 

solely to reconcile the responsible ACP party's shortfalls, if any, generated during the 

first compliance period occurring immediately after the issuance of the ACP agreement 
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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 reconciliation of shortfalls.

1. At the end of each compliance period, the responsible ACP party 

shall make an initial calculation of shortfalls occurring in that compliance period, as 

specified in the ACP agreement approving the ACP. Upon receipt of this information, 

the board will determine the amount of a shortfall that has occurred during the 

compliance period and shall notify the responsible ACP party of this determination.

2. The responsible ACP party shall implement the reconciliation of 

shortfalls plan as specified in the ACP agreement approving the ACP within 30 working 

days from the date of written notification of a shortfall by the board.

3. All shortfalls shall be completely reconciled within 90 working days 

from the date of written notification of a shortfall by the board by implementing the 

reconciliation of shortfalls plan specified in the ACP agreement approving the ACP.

4. All requirements specified in the ACP agreement approving an 

ACP, including all applicable ACP limits, shall remain in effect while shortfalls are in the 

process of being reconciled.

H. Provisions follow concerning the notification of modifications to an ACP by 

the responsible ACP party.

1. Board pre-approval is not required for modifications that are a 

change to an ACP product's: (i) product name, (ii) product formulation, (iii) product form, 

(iv) product function, (v) applicable product category, (vi) VOC content, (vii) LVP 

content, (viii) date-codes, or (ix) recommended product usage directions. The 

responsible ACP party shall notify the board of such changes, in writing, no later than 

15 working days from the date such a change occurs. For each modification, the 

notification shall fully explain the following:

a. The nature of the modification;

b. The extent to which the ACP product formulation, VOC 

content, LVP content, or recommended usage directions will be changed;
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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 preapproval. Any such proposed modifications shall be fully described in writing and 

forwarded to the board. The responsible ACP party shall clearly demonstrate that the 

proposed modifications will meet the requirements of this article. The board will act on 

the proposed modifications using the procedure set forth in subsection C of this section. 

The responsible ACP party shall meet all applicable requirements of the existing ACP 

until such time as a proposed modification is approved in writing by the board.

3. Except as otherwise provided in subdivisions 1 and 2 of this 

subsection, the responsible ACP party shall notify the board, in writing, of information 

known by the responsible ACP party 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 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 submitted pursuant to the approval process set forth in subsection C of this 

section is no longer valid, or (iii) the ACP emissions are exceeding the ACP limit 

specified in the ACP agreement approving an ACP, then the board will modify the ACP 

as necessary to ensure that the ACP meets all requirements of this article and that the 

ACP emissions will not exceed the ACP limit. Modifications of ACPs are considered 

case decisions and will be processed using the procedures prescribed in 9VAC5-170 

and Article 3 (§ 2.2-4018 et seq.) of the Administrative Process Act.

2. If any applicable VOC standards specified in 9VAC5-40-7270 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.
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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% or more);

c. The responsible ACP party fails to meet the requirements of 

subsection G of this section within the time periods specified in that subsection.

d. The responsible ACP party has demonstrated a recurring 

pattern of violations and has consistently failed to take the necessary steps to correct 

those violations.

3. Cancellations of ACPs are considered case decisions and will be 

processed using the procedures prescribed in 9VAC5-170 and Article 3 (§ 2.2-4018 et 

seq.) of the Administrative Process 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

STATE AIR POLLUTION CONTROL BOARD

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

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 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 conditions are met:

1. The board will be notified, in writing, by both responsible ACP 

parties participating in the transfer of the ACP and its associated ACP agreement. The 

written notifications shall be postmarked at least five working days prior to the effective 

date of the transfer and shall be signed and submitted separately by both responsible 

parties. The written notifications shall clearly identify the contact persons, business 

names, mail and street addresses, and phone numbers of the responsible parties 

involved in the transfer.

2. The responsible ACP party to which the ACP is being transferred 

shall provide a written declaration stating that the transferee shall fully comply with all 

requirements of the ACP agreement approving the ACP and this article.

M. In approving agreements under subsections B through L of this section, 

the board will take into consideration whether the applicant has been granted an ACP 

by CARB. A manufacturer of consumer products that has been granted an ACP 

agreement by the CARB under the provisions in Subchapter 8.5, Article 4, Sections 

94540-94555, of Title 17 of the California Code of Regulations (see 9VAC5-20-21) may 

be exempt from Table 4-50A for the period of time that the CARB ACP agreement 

remains in effect provided 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 conditions established by CARB applicable to the exemption and 
COMMONWEALTH 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. Manufacturers of consumer products may seek an innovative products 

exemption in accordance with the following criteria:

1. The board will exempt a consumer product from the VOC limits 

specified in 9VAC5-40-7270 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 

product 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

ER = The VOC emissions from the noncomplying representative product, 

had it been reformulated.

ENC = The VOC emissions from the noncomplying representative product 

in its current formulation.

VOCSTD = the VOC limit specified in Table 4-50A.

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

formulation.

If a manufacturer demonstrates that this equation yields inaccurate results due to some 

characteristic of the product formulation or other factors, an alternative method which 

accurately calculates emissions may be used upon approval of the board.

2. For the purposes of this subsection, “representative consumer 

product” means a consumer product which meets all of the following criteria:

NC

NC STD

R VOC

E xVOC E =
COMMONWEALTH OF VIRGINIA PAGE 84 of 92

STATE AIR POLLUTION CONTROL BOARD

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

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 emissions from the innovative product, 

including the actual physical test methods used to generate the data and, if necessary, 

the consumer testing undertaken to document product usage. In addition, the applicant 

must provide the information necessary to enable the board to establish enforceable 

conditions for granting the exemption, including the VOC content for the innovative 

product and test methods for determining the VOC content. All information 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 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 will notify the applicant of the decision in writing 

and specify such terms and conditions as are necessary to insure that emissions from 

the product will meet the emissions reductions specified in subdivision 1 of this 

subsection, and that such emissions reductions can be enforced.

6. In granting an exemption for a product, the board will establish 

enforceable conditions. These conditions shall include the VOC content of the 

innovative product, dispensing rates, application rates, and other parameters 

determined by the board to be necessary. The board will also specify the test methods 

for determining conformance to the conditions established. The test methods shall 

include criteria for reproducibility, accuracy, sampling, and laboratory procedures.
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 board 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 through 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 board at least 60 days before the effective date of such limits.

9. If the board believes that a consumer product for which an 

exemption has been granted no longer meets the criteria for an innovative product 

specified in subdivision 1 of this subsection, the board may modify or revoke the 

exemption as necessary to assure that the product will meet these criteria. 

Modifications and revocations of exemptions are considered case decisions and will be 

processed using the procedures prescribed in 9VAC5-170 and Article 3 (§ 2.2-4018 et 

seq.) of the Administrative Process Act.

B. In granting an exemption under this section, the board will take into 

consideration whether the applicant has been granted an innovative product exemption 

by CARB. A manufacturer of consumer products that has been granted an innovative 

product exemption by the CARB under the innovative products provisions in 

Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section 94503.5 

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 innovative product 

exemption decision (i.e., the Executive Order), including all conditions established by 

CARB applicable to the exemption and certification that the manufacturer will comply 

with the CARB innovative product exemption decision for those products in the areas 

specified in 9VAC5-40-7240 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 
COMMONWEALTH OF VIRGINIA PAGE 86 of 92

STATE AIR POLLUTION CONTROL BOARD

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

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 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 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 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 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 alternative 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 spray 
COMMONWEALTH 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 special 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 required in subdivision 1 of this subsection shall be 

displayed on the product container such that it is readily observable without removing or 

disassembling a portion of the product container or packaging. For the purposes of this 

subsection, information may be displayed on the bottom of a container as long as it is 

clearly legible without removing product packaging.

3. No person shall remove, alter, conceal, or deface the information 

required in subdivision 1 of this subsection prior to final sale of the product.

9VAC5-40-7310. 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 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 
COMMONWEALTH OF VIRGINIA PAGE 88 of 92

STATE AIR POLLUTION CONTROL BOARD

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 “Initial 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 §§ 10.1-1314 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 through calculation of the VOC content from records of the amounts of 

constituents used to make the product pursuant to the following criteria:

1. Compliance determinations based on these records may not be 

used unless the manufacturer of a consumer product keeps accurate records for each 

day of production of the amount and chemical composition of the individual product 

constituents. These records must be kept for at least three years.

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

calculated according to the following equation:

where

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

B = total weight of all VOCs per unit.

C = total weight of all exempted VOCs per unit, as specified in 9VAC5-40-

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 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

((B C) x 100) VOC Content= −
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 Method Compliance 

Certification Protocol (see 9VAC5-20-21).

F. Testing to determine distillation points of petroleum distillate-based 

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

Distillation of Petroleum Products at Atmospheric Pressure” (see 9VAC5-20-21).

G. No person shall create, alter, falsify, or otherwise modify records in such a 

way that the records do not accurately reflect the constituents used to manufacture a 

product, the chemical composition of the individual product, and other tests, processes, 

or records used in connection with product manufacture.

9VAC5-40-7350. 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 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 confidentiality 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 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

STATE AIR POLLUTION CONTROL BOARD

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 

method 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 from both companies shall be submitted 

by the date specified in this subsection;

9. For each product brand name and form, the net percent by weight 

of the total product, less container and packaging, composed of the following, rounded 

to the nearest one-tenth of a percent (0.1%):

a. Total exempt compounds;

b. Total LVP-VOCs that are not fragrances;

c. Total all other carbon-containing compounds that are not 

fragrances;

d. Total all 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 carboncontaining compounds;

g. Total paradichlorobenzene;

10. For each product brand name and form, the identity, including the 

specific chemical name and associated Chemical Abstract Services (CAS) number, of 

the following:

a. Each exempt compound; and

b. Each LVP-VOC that is not a fragrance;

11. If applicable, the weight percent composed of propellent for each 

product;
COMMONWEALTH OF VIRGINIA PAGE 91 of 92

STATE AIR POLLUTION CONTROL BOARD

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

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 ozonedepleting 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 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 reporting requirements for consumer 

products that contain perchloroethylene or methylene chloride.

1. The requirements of this subsection shall apply to all responsible 

parties for consumer products that are subject to 9VAC5-40-7270 A and contain 

perchloroethylene or methylene chloride. For the purposes of this subsection, a 

product contains perchloroethylene or methylene chloride if the product contains 1.0% 

or more by weight (exclusive of the container or packaging) of either perchloroethylene 

or methylene chloride.

2. For each consumer product that contains perchloroethylene or 

methylene chloride, the responsible party shall 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%, of 
COMMONWEALTH 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.

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REG\DEV\A12-REG-PRO.DOC
ENCLOSURE 2

CERTIFICATION OF PUBLIC PARTICIPATION ACTIVITIES

AND COMPLIANCE WITH

STATE ADMINISTRATIVE PROCEDURES

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

following information regarding public participation activities and compliance with state 

administrative procedures is provided.

PUBLIC PARTICIPATION ACTIVITIES

As required by 40 CFR 51.102(a), a public comment period to provide the opportunity 

to submit written comments concerning a proposed 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, 2013. 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 received. 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 Control 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 A12) 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 of the 

duly adopted regulation on July 23, 2012. As required by Section 2.1(d) of Appendix V 

of 40 CFR Part 51, a copy of the actual regulation submitted for approval and 

incorporation by reference into the Commonwealth of Virginia State Implementation 

Plan is attached, along with the effective date of September 27, 2012.

TEMPLATES\SIP-REG\REG02-PC

SIP\NONATTN PLANS\2013\A12-SIP-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 Environmental 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: 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).

Purpose of notice: DEQ is seeking comment on the issue of 

whether the regulation amendments (repeals of the abovelisted articles) should be submitted as a revision to the SIP; 

i.e., whether reference 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 considered, 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 announced 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 they 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 operations, 

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 regulations 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 Commonwealth 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 public 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 obtained 

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) Piedmont 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, telephone (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.virginia.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 Lottery 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 Retailer 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)

Virginia 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 following 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 authority 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 writing to Director's Office, Virginia Lottery, 

900 East Main Street, Richmond, Virginia 23219.
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2. Documentation of measurable and enforceable 

incremental steps of progress to be taken towards 

compliance with the emission guidelines, including: 

a. If applicable, date for submitting a petition for sitespecific 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 device(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 9VAC5-20-160 (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 provisions 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 Street, 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 promulgate 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 promulgate 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 (NOx) and volatile organic compounds 

(VOCs) under the influence 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 affects 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 

standard. 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 made 

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 associated classifications. The new 
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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 

associated 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 nonattainment 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 emissions 

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 nonattainment 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. Environmental 

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 EPA 

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 provides 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 and 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 economic 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 any 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 monoxide, 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 any 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 

attain 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 

monitoring.

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, including 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, and 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 installation, 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 
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1997

record-keeping and to make inspections and conduct tests of 

air pollution sources;

(6) require owners or operators of stationary sources 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 with 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 section 

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 meet 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," 

"nonattainment 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 and 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 

nonattainment 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 

operations 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 rights) 

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 reasonable 

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 nonattainment 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 maintenance 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 additional 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 the 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 sets 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 that 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, thereby 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 additional, 

more comprehensive control measures in § 182(b)(2)(A) 
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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. Section 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 requirements 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, Pennsylvania, 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 throughout 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 made 

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 planning 

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 provisions 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 designated 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 regulation 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 maintenance 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 November 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 consolidation.

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

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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 fasttrack 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 

replaced 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 entirety. 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 primary 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 primary 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 

State 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 Commercial 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 Commercial 

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, architectural 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 interest 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 localities. 

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 private 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 the 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 projected 

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 
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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 reviewed 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 affected 

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 subsequent 

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 

(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 petroleum solvents (diluents). 

Upon exposure to atmospheric conditions the diluents 

evaporate, leaving the asphalt cement to perform its function. 

"Emulsified asphalt" means an emulsion of asphalt cement 

and water 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 lowviscosity liquid asphalt to an absorbent surface. It is used to 

prepare an untreated base for an asphalt surface. The prime 

penetrates the base and fills the surface voids, hardens the 

top, and helps bind it to the overlying asphalt course. It also 

reduces the necessity of maintaining an untreated base course 

prior to placing the asphalt pavement. 

9VAC5-40-5510. Standard for volatile 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 the provisions of subsection A of this 

section, the manufacture, mixing, storage, use or application 

of cutback asphalt is permitted under any of the following 

circumstances: 

1. When stockpile storage greater than one month is 

necessary; 

2. When use or application during the months of November 

through March is necessary; 

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

tack coat is necessary; or 

4. When the user can demonstrate that there are no volatile 

organic compound emissions from the asphalt under 

conditions of normal use. 

C. The provisions of subsection A of this section do not 

preclude the manufacture, mixing, storage, use or application 

of heated asphalt cement as a component in asphaltic concrete 

mixing or for priming in surface treatment. 

D. Notwithstanding the provisions of subsection A of this 

section, the manufacture, mixing, storage, use or application 

of emulsified asphalt containing volatile organic compounds 

is permitted provided the annual average of volatile organic 

compound content for all emulsified asphalts used does not 

exceed 6% 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 Visible 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/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 Pollutants, Rule 4-3) 

apply. 
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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 (Notification, 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 article 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 Organic 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 the 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 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 

business/governmental 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 

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. 

"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 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 

relabels a portable fuel container or spout. 

"Nominal capacity" means the volume indicated by the 

manufacturer that represents the maximum recommended 

filling level. 

"Outboard engine" means a spark-ignition marine engine 

that, when properly mounted on a marine watercraft in the 

position to operate, houses the engine and drive unit external 

to the hull of the marine watercraft. 

"Permeation" means the process by which individual fuel 

molecules may penetrate the walls and various assembly 

components of a portable fuel container directly to the outside 

ambient air. 

"Portable fuel container" means any container or vessel with 

a nominal capacity of 10 gallons or less intended for reuse 
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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 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. 

"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 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 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 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 spillproof 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. 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. 

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 

than 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. 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 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 spillproof 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 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 

workmanship. 

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 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. The manufacturer shall maintain records of these 

compliance tests for as long as the product is available for 

sale and shall make those test results available within 60 days 

of request. 
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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. 

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 manufacture 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 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 months after the effective date of this article or within 

three months of production, and within three months after any 

change in coding. 

D. Each manufacturer subject to subsection A or B of this 

section shall clearly display a fuel flow rate on each spillproof 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 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 

motor vehicles shall clearly display the phrase "Not Intended 

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

or greater on each of the following: 

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

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

accompanying package, if any; and 

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

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

thereto, and on the accompanying package, if any. 

9VAC5-40-5740. 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 this 

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

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

Emissions Control Area; or 

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

Control Area. 

B. Any person who cannot comply with the provisions of 

this article by the date specified in subsection A of this 

section, due to extraordinary reasons beyond that person's 

reasonable control, may apply in writing to the board for a 

waiver. The waiver application shall set forth: 

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

2. The proposed date by which compliance with the 

provisions of this article will be achieved; and 

3. A compliance report detailing the methods by which 

compliance will be achieved. 

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

findings are made: 

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

the applicant, required compliance with this article would 

result in extraordinary economic hardship; 

2. That the public interest in mitigating the extraordinary 

hardship to the applicant by issuing the waiver outweighs 

the public interest in avoiding any increased emissions of 

air contaminants that would result from issuing the waiver; 

and 

3. That the compliance report proposed by the applicant 

can reasonably be implemented and shall achieve 

compliance as expeditiously as possible. 

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

date by which compliance with the requirements of this 
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article shall be achieved. Any approval of a waiver shall 

contain a condition that specifies the increments of progress 

necessary to assure timely compliance and such other 

conditions that the board finds necessary to carry out the 

purposes of this article. 

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

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

term or condition of the waiver. 

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

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

requirements of this article. 

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 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 SpillProof Spouts. 

2. CARB Automatic Closure Test Procedure for SpillProof 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 test 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 reporting.

(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 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 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 

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. 

9VAC5-40-7130. 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 

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; cabinets; concrete forms; doors; elevators; fences; 

hand railings; heating equipment, air conditioning equipment, 

and other fixed mechanical equipment or stationary tools; 
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lampposts; partitions pipes and piping systems; rain gutters 

and downspouts; stairways; fixed ladders; catwalks and fire 

escapes; and window screens. 

"Architectural coating" means a coating to be applied to 

stationary structures or the appurtenances at the site of 

installation, to portable buildings at the site of installation, to 

pavements, or to curbs. Coatings applied in shop applications 

or to nonstationary structures such as airplanes, ships, boats, 

railcars, and automobiles, and adhesives are not considered 

architectural coatings for the purposes of this article. 

"ASTM" means the American Society for Testing and 

Materials. 

"Bitumens" means black or brown materials including, but 

not limited to, asphalt, tar, pitch, and asphaltite that are 

soluble in carbon disulfide, consist mainly of hydrocarbons, 

and are obtained from natural deposits of asphalt or as 

residues from the distillation of crude petroleum or coal. 

"Bituminous roof coating" means a coating that incorporates 

bitumens that is labeled and formulated exclusively for 

roofing. 

"Bituminous roof primer" means a primer that consists of a 

coating or mastic formulated and recommended for roofing, 

pavement sealing, or waterproofing that incorporates 

bitumens. 

"Bond breaker" means a coating labeled and formulated for 

application between layers of concrete to prevent a freshly 

poured top layer of concrete from bonding to the layer over 

which it is poured. 

"Calcimine recoater" means a flat solvent borne coating 

formulated and recommended specifically for recoating 

calcimine-painted ceilings and other calcimine-painted 

substrates. 

"Clear brushing lacquers" means clear wood finishes, 

excluding clear lacquer sanding sealers, formulated with 

nitrocellulose or synthetic resins to dry by solvent 

evaporation without chemical reaction and to provide a solid, 

protective film, 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 transparent or translucent solid film. 

"Coating" means a material applied onto or impregnated into 

a substrate for protective, decorative, or functional purposes. 

Such materials include, but are not limited to, paints, 

varnishes, sealers, and stains. 

"Colorant" means a concentrated pigment dispersion in 

water, solvent, or binder that is added to an architectural 

coating after packaging in sale units to produce the desired 

color. 

"Concrete curing compound" means a coating labeled and 

formulated for application to freshly poured concrete to retard 

the evaporation of water. 

"Concrete surface retarder" means a mixture of retarding 

ingredients such as extender pigments, primary pigments, 

resin, and solvent that interact chemically with the cement to 

prevent hardening on the surface where the retarder is 

applied, allowing the retarded mix of cement and sand at the 

surface to be washed away to create an exposed aggregate 

finish. 

"Conversion varnish" means a clear acid curing coating with 

an alkyd or other resin blended with amino resins and 

supplied as a single component or two-component product. 

Conversion varnishes produce a hard, durable, clear finish 

designed for professional application to wood flooring. The 

film formation is the result of an acid-catalyzed condensation 

reaction, effecting a transetherification at the reactive ethers 

of the amino resins. 

"Dry fog coating" means a coating labeled and formulated 

only for spray application such that overspray droplets dry 

before subsequent contact with incidental surfaces in the 

vicinity of the surface coating activity. 

"Exempt compound" means a compound identified as 

exempt under the definition of Volatile Organic Compound 

(VOC) in 9VAC5-10-20. 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 precoated metal surfaces, 

and that meets the weathering requirements of American 

Architectural Manufacturers Association Voluntary 

Specification—Performance Requirements and Test 

Procedures for High Performance Organic Coatings on 

Aluminum Extrusions and Panels (see 9VAC5-20-21). 

"Faux finishing coating" means a coating labeled and 

formulated as a stain or a glaze to create artistic effects 

including, but not limited to, dirt, old age, smoke damage, 

and simulated marble and wood grain. 

"Fire-resistive coating" means an opaque coating labeled 

and formulated to protect the structural integrity by increasing 

the fire endurance of interior or exterior steel and other 

structural materials, that has been fire tested and rated by a 

testing agency and approved by building code officials for use 

in bringing assemblies of structural materials into compliance 

with federal, state, and local building code requirements. The 

fire-resistive coating shall be tested in accordance with 

American Society for Testing and Materials (ASTM) 

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 

Method for Surface Burning Characteristics of Building 

Construction Materials (see 9VAC5-20-21). 

"Flat coating" means a coating that is not defined under any 

other definition in this article and that registers gloss less than 

15 on an 85-degree meter or less than five on a 60-degree 

meter according to ASTM Standard Test Method for Specular 

Gloss (see 9VAC5-20-21). 

"Floor coating" means an opaque coating that is labeled and 

formulated for application to flooring, including, but not 

limited to, decks, porches, steps, and other horizontal 

surfaces, that may be subjected to foot traffic. 

"Flow coating" means a coating labeled and formulated 

exclusively for use by electric power companies or their 

subcontractors to maintain the protective coating systems 

present on utility transformer units. 

"Form-release compound" means a coating labeled and 

formulated for application to a concrete form to prevent the 

freshly poured concrete from bonding to the form. The form 

may consist of wood, metal, or some material other than 

concrete. 

"Graphic arts coating or sign paint" means a coating labeled 

and formulated for hand-application by artists using brush or 

roller techniques to indoor and outdoor signs (excluding 

structural components) and murals including letter enamels, 

poster colors, copy blockers, and bulletin enamels. 

"High-temperature coating" means a high-performance 

coating labeled and formulated for application to substrates 

exposed continuously or intermittently to temperatures above 

204 degrees Centigrade (400 degrees 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 high-energy impact damage caused by floating ice 

or debris. 

"Industrial maintenance coating" means a high-performance 

architectural coating, including primers, sealers, undercoaters, 

intermediate coats, and topcoats, formulated for application to 

substrates exposed to one or more of the following extreme 

environmental conditions, and labeled as specified in 

subdivision 4 of 9VAC5-40-7150: 

1. Immersion in water, wastewater, or chemical solutions 

(aqueous and nonaqueous solutions), or chronic exposures 

of interior surfaces to moisture condensation; 

2. Acute or chronic exposure to corrosive, caustic, or acidic 

agents, or to chemicals, chemical fumes, or chemical 

mixtures or solutions; 

3. Repeated exposure to temperatures above 121 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 to 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 applied in a single coat of at least 

10 mils (0.010 inch) dry film thickness. 

"Metallic pigmented coating" means a coating containing at 

least 48 grams of elemental metallic pigment, mica particles 

or any combination of metallic pigment or mica particles per 

liter of coating as applied (0.4 pounds per gallon), when 

tested in accordance with South Coast Air Quality Air 

Management District (SCAQMD) Method for Determination 

of Weight Percent Elemental Metal in Coatings by X-Ray 

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 when 

applied in a single coat. 

"Nonflat coating" means a coating that is not defined under 

any other definition in this article and that registers a gloss of 

15 or greater on an 85-degree meter and 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 above on a 60-degree meter 

according to ASTM Standard Test Method for Specular Gloss 

(see 9VAC5-20-21). 

"Nonindustrial use" means any use of architectural coatings 

except in the construction or maintenance of any of the 

following: facilities used in the manufacturing of goods and 

commodities; transportation infrastructure, including 

highways, bridges, airports and railroads; facilities used in 

mining activities, including petroleum extraction; and utilities 

infrastructure, including power generation and distribution, 

and water treatment and distribution systems. 
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 which 

the coatings are likely to be exposed as determined by ASTM 

Standard Test Method for Chemical Resistance of Coatings 

Used in Light-Water Nuclear Power Plants (see 9VAC5-20-

21). 

"Post-consumer coating" means a finished coating that 

would have been disposed of in a landfill, having completed 

its usefulness to a consumer, and does not include 

manufacturing wastes. 

"Pretreatment wash primer" means a primer that contains a 

minimum of 0.5 acid, by weight, when tested in accordance 

with ASTM Standard Test Method for Acidity in Volatile 

Solvents and Chemical Intermediates Used in Paint, Varnish, 

Lacquer and Related Products (see 9VAC5-20-21), that is 

labeled and formulated for application directly to bare metal 

surfaces to provide corrosion resistance and to promote 

adhesion of subsequent topcoats. 

"Primer" means a coating labeled and formulated for 

application to a substrate to provide a firm bind between the 

substrate and subsequent coats. 

"Quick-dry enamel" means a nonflat coating that is labeled 

as specified 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 the substrate by 

water or reflecting heat and ultraviolet radiation. Metallic 

pigmented roof coatings, which qualify as metallic pigmented 

coatings, shall not be considered in this category, but shall be 

considered to be in the metallic pigmented coatings category. 

"Rust-preventive coating" means a coating formulated 

exclusively for nonindustrial use to prevent the corrosion of 

metal surfaces and labeled as specified in subdivision 6 of 

9VAC5-40-7150. 

"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 substrate, or to prevent harm to subsequent 

coatings by materials in the substrate. 

"Secondary coating (rework)" means a fragment of a 

finished coating or a finished coating from a manufacturing 

process that has converted resources into a commodity of real 

economic value, but does not include excess virgin resources 

of the manufacturing process. 

"Shellac" means a clear or opaque coating formulated solely 

with the resinous secretions of the lac beetle (Laciffer lacca), 

thinned with alcohol, and formulated to dry by evaporation 

without a chemical reaction. 

"Shop application" means the application of a coating to a 

product or a component of a product in or on the premises of 

a factory or a shop as part of a manufacturing, production, or 

repairing process (e.g., original equipment manufacturing 

coatings). 

"Solicit" means to require for use or to specify, by written or 

oral contract. 

"Specialty primer, sealer, and undercoater" means a coating 

labeled as specified in subdivision 7 of 9VAC5-40-7150 and 

that is formulated for application to a substrate to seal fire, 

smoke or water damage; to condition excessively chalky 

surfaces; or to block stains. An excessively chalky surface is 

one that is defined as having a chalk rating of four or less as 

determined by ASTM Standard Test Methods for Evaluating 
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 texture. 

"Swimming pool coating" means a coating labeled and 

formulated to coat the interior of swimming pools and to 

resist swimming pool chemicals. 

"Swimming pool repair and maintenance coating" means a 

rubber-based coating labeled and formulated to be used over 

existing rubber-based coatings for the repair and maintenance 

of swimming pools. 

"Temperature-indicator safety coating" means a coating 

labeled and formulated as a color-changing indicator coating 

for the purpose of monitoring the temperature and safety of 

the substrate, underlying piping, or underlying equipment, 

and for application to substrates exposed continuously or 

intermittently to temperatures above 204 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 including, 

but not limited to, fillers, pigments, and modifying resins. 

"Tint base" means an architectural coating to which colorant 

is added after packaging in sale units to produce a desired 

color. 

"Traffic marking coating" means a coating labeled and 

formulated for marking and striping streets, highways, or 

other traffic surfaces including, but not limited to, curbs, 

berets, driveways, parking lots, sidewalks, and airport 

runways. 

"Undercoater" means a coating labeled and formulated to 

provide a smooth surface for subsequent coatings. 

"Varnish" means a clear or semitransparent wood coating, 

excluding lacquers and shellacs, formulated to dry by 

chemical reaction on exposure to air. Varnishes may contain 

small amounts of pigment to color a surface, or to control the 

fetal sheen or gloss of the finish. 

"VOC content" means the weight of VOC per volume of 

coating, calculated according to the procedures specified in 

9VAC5-40-7220 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, alkalis, 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 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 limit 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-solids coatings; 

Wood preservatives; 

High-temperature coatings; 

Temperature-indicator safety coatings; 

Antenna coatings; 

Antifouling coatings; 

Flow coatings; 

Bituminous roof primers; 

Calcimine recoaters; 

Impacted immersion coatings; 

Nuclear coatings;

Thermoplastic rubber coating and mastic; and 

Specialty primers, sealers, and undercoaters. 
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 liter1of coating thinned to the manufacturer's maximum recommendation, 

excluding the volume of any water, exempt compounds, or colorant added to tint bases. "Manufacturers maximum 

recommendation" means the maximum recommendation for thinning that is indicated on the label or lid of the coating 

container. 

 VOC 

 Content 

Coating Category Limit 

 

Flat Coatings 100 

Nonflat Coatings 150 

Nonflat High Gloss Coatings 250 

Specialty Coatings: 

 Antenna Coatings 530 

 Antifouling Coatings 400 

 Bituminous Roof Coatings 300 

 Bituminous Roof Primers 350 

 Bond Breakers 350 

 Calcimine Recoater 475 

 Clear Wood Coatings 

 • Clear Brushing Lacquers 680 

 • Lacquers (including lacquer sanding sealers) 550 

 • Sanding Sealers (other than lacquer sanding sealers) 350 

 • Conversion Varnishes 725 

 • Varnishes (other than conversion varnishes) 350 

 Concrete Curing Compounds 350 

 Concrete Surface Retarder 780 

 Dry Fog Coatings 400 

 Extreme durability coating 400 

 Faux Finishing Coatings 350 

 Fire-Resistive Coatings 350 

 Fire-Retardant Coatings 

 • Clear 650 

 • Opaque 350 

 Floor Coatings 250 

 Flow Coatings 420 

 Form-Release Compounds 250 

 Graphic Arts Coatings (Sign Paints) 500 

 High-Temperature Coatings 420 

 Impacted Immersion Coating 780 

 Industrial Maintenance Coatings 340 

 Low-Solids Coatings 120 

 Magnesite Cement Coatings 450 

 Mastic Texture Coatings 300 

 Metallic Pigmented Coatings 500 

 Multi-Color Coatings 250 

 Nuclear Coatings 450 

 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 

 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 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 

containers. 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 industrial 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. 

1Conversion factor: one pound of VOC per gallon (U.S.) = 119.95 grams per 

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 label) 

in which the coating is sold or distributed. 

1. The date the coating was manufactured, or a date code 

representing the date, shall be indicated on the label, lid, or 

bottom of the container. If the manufacturer uses a date 

code for any coating, the manufacturer shall file an 

explanation of each code with the board. 

2. A statement of the manufacturer's recommendation 

regarding thinning of the coating shall be indicated on the 

label or lid of the container. This requirement does not 

apply to the thinning of architectural coatings with water. 

If thinning of the coating prior to use is not necessary, the 

recommendation shall specify that the coating is to be 

applied without thinning. 

3. Each container of any coating subject to this article shall 

display either the maximum or the actual VOC content of 

the coating, as supplied, including the maximum thinning 

as recommended by the manufacturer. VOC content shall 

be displayed in grams of VOC per liter of coating. VOC 

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 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 all quick dry enamels shall prominently 

display the words "Quick Dry" and the dry hard time. 

9. The labels of all nonflat high-gloss coatings shall 

prominently display the words "High Gloss." 

9VAC5-40-7160. Standard for visible emissions.

(Repealed.)

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 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) 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 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 

content 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 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 equation 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 the 

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 Determination of Volatile 

Methylsiloxanes in Solvent-Based Coatings, Inks, and 

Related Materials (see 9VAC5-20-21). 

E. The exempt compound parachlorobenzotrifluoride shall 

be analyzed as an exempt compound by BAAQMD Method 

for Determination of Volatile Organic Compounds in 

Solvent-Based Coatings and Related Materials Containing 

Parachlorobenzotrifluoride (see 9VAC5-20-21). 

F. The content of compounds exempt under Reference 

Method 24 shall be determined by SCAQMD Method for 

Determination of Exempt Compounds, Laboratory Methods 

of Analysis for Enforcement Samples (see 9VAC5-20-21). 

G. The VOC content of a coating shall be determined by 

Reference Method 24 (see 9VAC5-20-21). 

H. The VOC content of coatings may be determined by 

either Reference Method 24 or SCAQMD Method for 

Determination of Exempt Compounds, Laboratory Methods 

of Analysis for Enforcement Samples (see 9VAC5-20-21). 

I. Other test methods may be used for purposes of 

determining compliance with this article consistent with the 

approval requirements of 9VAC5-40-20 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 the 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 preceding year: 

1. The product brand name and a copy of the product label 

with the legible usage instructions; 

2. The product category listed in Table 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 the 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 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 Consumer 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 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 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 

businesses/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 
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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 long as the 

manufacturer or distributor can demonstrate both that the 

consumer product is intended for shipment and use outside of 

the applicable volatile organic compound emissions control 

areas designated in 9VAC5-40-7240, and that the 

manufacturer or distributor has taken reasonable prudent 

precautions to assure that the consumer product is not 

distributed to those applicable volatile organic compound 

emissions control areas. This subsection does not apply to 

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

by any person to retail outlets in those applicable volatile 

organic compound emissions control areas. 

C. The medium volatility organic compound (MVOC) 

content standards specified in 9VAC5-40-7270 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 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 station insecticides are containers enclosing an 

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

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

composed of solid material feeding stimulants with less than 

5.0% active ingredients. 

K. A person who cannot comply with the requirements set 

forth in 9VAC5-40-7270 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 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 determine 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 application 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 result in extraordinary economic hardship; 

b. That the public interest in mitigating the extraordinary 

hardship to the applicant by issuing the waiver outweighs 

the public interest in avoiding any increased emissions of 

air 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 testimony received at the hearing, 
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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 considered case decisions and 

will be processed using the procedures prescribed in 

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

Administrative Process Act. 

L. The requirements of 9VAC5-40-7300 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 program approved by the board pursuant to the 

provisions of this article. 

"ACP agreement" means the document signed by the board 

that includes the conditions and requirements of the board and 

that allows manufacturers to sell ACP products pursuant to 

the requirements of this article. 

"ACP emissions" means the sum of the VOC emissions 

from every ACP product subject to an ACP agreement 

approving an ACP, during the compliance period specified in 

the ACP agreement, expressed to the nearest pound of VOC 

and calculated according to the following equation: 

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 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 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 
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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 does not include 

products used on humans and animals, adhesive tape, contact 

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

adhesive incorporated onto or in an inert substrate. For 

contact adhesive only, adhesive also does not include units of 

product, less packaging, which 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. 

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

or device for the control of pests in connection with the 

commercial production, storage, or processing of any animal 

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

of pesticides in properly labeled packages or containers that 

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

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

definition only: 

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

environment. 

2. "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, 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, libraries, 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 offered for sale 

solely through institutional and industrial channels of 

distribution. Air fresheners do include spray disinfectants and 

other products that are expressly represented for use as air 

fresheners, except institutional and industrial disinfectants 

when offered for sale through institutional and industrial 

channels of distribution. To determine whether a product is an 

air freshener, all verbal and visual representations regarding 

product use on the label or packaging and in the product's 

literature and advertising may be considered. The presence of, 

and representations about, a product's fragrance and ability to 

deodorize (resulting from surface application) shall not 

constitute a claim of air freshening. 

"All other carbon-containing compounds" means all other 

compounds that contain at least one carbon atom and are not 

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

"All other forms" means all consumer product forms for 

which no form-specific VOC standard is specified. Unless 

specified otherwise by the applicable VOC standard, all other 

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

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

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

averaging program approved by the board pursuant to the 

provisions of this article. 

"Antimicrobial hand or body cleaner or soap" means a 

cleaner or soap 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, 

preoperative skin preparations, and surgical scrubs. 

Antimicrobial hand or body cleaner or soap does not include 

prescription drug products, antiperspirants, astringent or 

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

body cleaner or soap, hand dishwashing detergent (including 

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

astringent or medicated toner, and rubbing alcohol. 

"Antiperspirant" means any product including, but not 

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

squeeze bottles, that is intended by the manufacturer to be 

used to reduce perspiration in the human axilla by at least 

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

"Architectural coating" means a coating applied to stationary 

structures and their appurtenances, to mobile homes, to 

pavements, or to curbs. 

"ASTM" means the American Society for Testing and 

Materials. 
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"Astringent or toner" means any product not regulated as a 

drug by the United States Food and Drug Administration that 

is applied to the skin for the purpose of cleaning or tightening 

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

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

astringent or medicated toner, cold cream, lotion, or 

antiperspirant. 

"Automotive brake cleaner" means a cleaning product 

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

material, or dirt from motor vehicle brake mechanisms. 

"Automotive hard paste wax" means an automotive wax or 

polish that is: 

1. Designed to protect and improve the appearance of 

automotive paint surfaces; 

2. A solid at room temperature; and 

3. Contains no water. 

"Automotive instant detailer" means a product designed for 

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

automobiles and wiped off prior to the product being allowed 

to dry. 

"Automotive rubbing or polishing compound" means a 

product designed primarily to remove oxidation, old paint, 

scratches or swirl marks, and other defects from the painted 

surfaces of motor vehicles without leaving a protective 

barrier. 

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

designed to seal out moisture, increase gloss, or otherwise 

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

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

products designed for use in auto body repair shops and 

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

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

not include automotive rubbing or polishing compounds, 

automotive wash and wax products, surfactant-containing car 

wash products, and products designed for use on unpainted 

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

"Automotive windshield washer fluid" means any liquid 

designed for use in a motor vehicle windshield washer system 

either as an antifreeze or for the purpose of cleaning, 

washing, or wetting the windshield. Automotive windshield 

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

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

exclusively for cleaning, washing or wetting automotive glass 

surfaces for the purpose of restoring or maintaining visibility 

for the driver. Glass cleaners that are 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 and upholstery cleaner" means a cleaning product 

designed for the purpose of eliminating dirt and stains on 

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

household furniture or objects upholstered or covered with 

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

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

products that make fabric protectant claims. Carpet and 

upholstery cleaners do not include general purpose cleaners, 

spot removers, vinyl or leather cleaners, dry cleaning fluids, 

or products designed exclusively for use at industrial facilities 

engaged in furniture or carpet manufacturing. 

"Certified emissions" means the emissions level for products 

approved under 9VAC5-40-7270 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 combustible material 

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

with charcoal to enhance ignition. Charcoal lighter material 

does not include any of the following: 

1. Electrical starters and probes, 

2. Metallic cylinders using paper tinder, 

3. Natural gas, 

4. Propane, or 

5. Fat wood. 

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

consumer product for an aesthetic effect or to dramatize an 

ingredient. 

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

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

are calculated and for which compliance with the ACP limit 
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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, carpet pad or 

cushion, vinyl-backed carpet, flexible flooring material, 

nonresilient flooring material, mirror tiles and other types 

of tiles, and artificial grass. 

Construction, panel, and floor covering adhesive does not 

include floor seam sealer. 

"Consumer" means a person who purchases or acquires a 

consumer product for personal, family, household, or 

institutional use. Persons acquiring a consumer product for 

resale are not consumers for that product. 

"Consumer product" means a chemically formulated product 

used by household and institutional consumers including, but 

not limited to, detergents; cleaning compounds; polishes; 

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

and garden products; disinfectants; sanitizers; aerosol paints; 

and automotive specialty products, but does not include other 

paint products, furniture coatings, or architectural coatings. 

"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 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 responsible ACP party for the purpose of 

reporting or maintaining information specified in the ACP 

agreement approving an ACP. 

"Crawling bug insecticide" means an insecticide product that 

is designed for use against ants, cockroaches, or other 

household crawling arthropods, including, but not limited to, 

mites, silverfish or spiders. Crawling bug insecticide does not 

include products designed to be used exclusively on humans 

or animals or a house dust mite product. For the purposes of 

this definition only: 

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

packaging, or accompanying literature states that the 

product is suitable for use against house dust mites, but 

does not indicate that the product is suitable for use against 

ants, cockroaches, or other household crawling arthropods. 

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

skin cells shed in the home by humans and pets and 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, 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) 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 equipment used for the 

application of pesticides when sold separately therefrom. 

"Disinfectant" means a product intended to destroy or 

irreversibly inactivate infectious or other undesirable bacteria, 

pathogenic fungi, or viruses on surfaces or inanimate objects 

and whose label is registered under the FIFRA. Disinfectant 

does not include any of the following: 

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

2. Products designed for agricultural use, 

3. Products designed solely for use in swimming pools, 

therapeutic tubs, or hot tubs, or 

4. Products that, as indicated on the principal display panel 

or label, are designed primarily for use as bathroom and 

tile cleaners, glass cleaners, general purpose cleaners, toilet 

bowl cleaners, or metal polishes. 
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"Distributor" means a person to whom a consumer product 

is sold or supplied for the purposes of resale or distribution in 

commerce, except that manufacturers, retailers, and 

consumers are not distributors. 

"Double phase aerosol air freshener" means an aerosol air 

freshener with the liquid contents in two or more distinct 

phases that require the product container to be shaken before 

use to mix the phases, producing an emulsion. 

"Dry cleaning fluid" means a nonaqueous liquid product 

designed and labeled exclusively for use on: 

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

clothing or drapery; or 

2. S-coded fabrics. 

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

products used by commercial dry cleaners and commercial 

businesses that clean fabrics such as draperies at the 

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

not include spot remover or carpet and upholstery cleaner. 

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

upholstery fabric designed to be cleaned only with water-free 

spot cleaning products as specified by the American Furniture 

Manufacturers Association Joint Industry Fabrics Standards 

Committee, Woven and Knit Residential Upholstery Fabric 

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

"Dusting aid" means a product designed to assist in 

removing dust and other soils from floors and other surfaces 

without leaving a wax or silicone based coating. Dusting aid 

does not include 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 grime from electrical 

equipment such as electric motors, circuit boards, electricity 

panels, and generators. 

"Enforceable sales" means the total amount of an ACP 

product sold for use in the applicable volatile organic 

compound emissions control areas designated in 9VAC5-40-

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, point-of-sale 

record or another board-approved system of documentation 

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

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

applicable volatile organic compound emissions control areas 

designated in 9VAC5-40-7240 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, 

provided that a detailed method that can be used to verify 

data composing such summaries is submitted by the 

responsible ACP party and approved by the board; and 

3. Other accurate product sales records acceptable to the 

board. 

"Engine degreaser" means a cleaning product designed to 

remove grease, grime, oil and other contaminants from the 

external surfaces of engines and other mechanical parts. 

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

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl 

benzene), or perchloroethylene (tetrachloroethylene). 

"Fabric protectant" means a product designed to be applied 

to fabric substrates to protect the surface from soiling from 

dirt and other impurities or to reduce absorption of liquid into 

the fabric's fibers. Fabric protectant does not include 

waterproofers, products designed for use solely on leather, or 

products designed for use solely on fabrics 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 to clean the face. Facial cleaner or soap includes, 

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

lotions, and substrate-impregnated forms. Facial cleaner or 

soap does not include prescription drug products, 

antimicrobial hand or body cleaner or soap, astringent or 

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

astringent or medicated toner, or rubbing alcohol. 

"Fat wood" means pieces of wood kindling with high 

naturally-occurring levels of sap or resin that enhance ignition 

of the kindling. Fat wood does not include kindling with 

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

"FIFRA" means the Federal Insecticide, Fungicide, and 

Rodenticide Act (7 USC § 136-136y). 

"Flea and tick insecticide" means an insecticide product that 

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

eggs. Flea and tick insecticide does not include products that 

are designed to be used exclusively on humans or animals and 

their bedding. 

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

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

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

designed to polish, protect, or enhance floor surfaces by 

leaving a protective coating that is designed to be periodically 

replenished. Floor polish or wax does not include spray buff 

products, products designed solely for the purpose of cleaning 

floors, floor finish strippers, products designed for unfinished 

wood floors, and coatings subject to architectural coatings 

regulations. 

"Floor seam sealer" means a product designed and labeled 

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

between adjoining rolls of installed flexible sheet flooring. 
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"Floor wax stripper" means a product designed to remove 

natural or synthetic floor polishes or waxes through 

breakdown of the polish or wax polymers or by dissolving or 

emulsifying the polish or wax. Floor wax stripper does not 

include aerosol floor wax strippers or products designed to 

remove floor wax solely through abrasion. 

"Flying bug insecticide" means an insecticide product that is 

designed for use against flying insects or other flying 

arthropods, including but not limited to flies, mosquitoes, 

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

and hornet insecticide, products that are designed to be used 

exclusively on humans or animals, or a moth-proofing 

product. For the purposes of this definition only, "mothproofing product" means a product whose label, packaging, or 

accompanying literature indicates that the product is designed 

to protect fabrics from damage by moths, but does not 

indicate that the product is suitable for use against flying 

insects or other flying arthropods. 

"Fragrance" means a substance or complex mixture of 

aroma chemicals, natural essential oils, and other functional 

components, the sole purpose of which is to impart an odor or 

scent, or to counteract a malodor. 

"Furniture 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, 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 purpose adhesive" means a nonaerosol adhesive 

designed for use on a variety of substrates. General purpose 

adhesive does not include: 

1. Contact adhesives, 

2. Construction, panel, and floor covering adhesives, 

3. Adhesives designed exclusively for application on one 

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

composed of similar materials, such as different types of 

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

vinyls), or 

4. Adhesives designed exclusively for use on one specific 

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

different materials but perform a specific function, such as 

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

"General purpose cleaner" means a product designed for 

general all-purpose cleaning, in contrast to cleaning products 

designed to clean specific substrates in certain situations. 

General purpose cleaner includes products designed for 

general floor cleaning, kitchen or countertop cleaning, and 

cleaners designed to be used on a variety of hard surfaces and 

does not include general purpose degreasers and electronic 

cleaners. 

"General purpose degreaser" means a product 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 designed to be used routinely on the skin to clean or 

remove typical or common dirt and soils. General-use hand or 

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

body washes, dual-purpose shampoo-body cleaners, shower 

or bath gels, and moisturizing cleaners or soaps. General-use 

hand or body cleaner or soap does not include prescription 

drug products, antimicrobial hand or body cleaner or soap, 

astringent or toner, facial cleaner or soap, hand dishwashing 

detergent (including antimicrobial), heavy-duty hand cleaner 

or soap, medicated astringent or medicated toner, or rubbing 

alcohol. 

"Glass cleaner" means a cleaning product designed primarily 

for cleaning surfaces made of glass. Glass cleaner does not 

include products designed solely for the purpose of cleaning 

optical materials used in eyeglasses, photographic equipment, 

scientific equipment, and photocopying machines. 

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

product in the applicable volatile organic compound 

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 provide an accurate sales estimate: 

1. Apportionment of national or regional sales of the ACP 

product to sales, determined by multiplying the average 

national or regional sales of the product by the fraction of 

the national or regional population, respectively, that is 

represented by the current population of the applicable 

volatile organic compound emissions control areas 

designated in 9VAC5-40-7240; or 

2. Another documented method that provides an accurate 

estimate of the total current sales of the ACP product. 
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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, but is not limited to, dual-use products 

designed primarily to impart a sheen to the hair. Hair shine 

does not include hair spray, hair mousse, hair styling gel or 

spray gel, or products whose primary purpose is to condition 

or hold the hair. 

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

product that contains a resin and is designed for the 

application to hair to aid in styling and sculpting of the hair 

coiffure. 

"Hair spray" means a consumer product designed primarily 

for the purpose of dispensing droplets of a resin on and into a 

hair coiffure that will impart sufficient rigidity to the coiffure 

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

"Heavy-duty hand cleaner or soap" means a product 

designed to clean or remove difficult dirt and soils such as oil, 

grease, grime, tar, shellac, putty, printer's ink, paint, graphite, 

cement, carbon, asphalt, or adhesives from the hand with or 

without the use of water. Heavy-duty hand cleaner or soap 

does not include prescription drug products, antimicrobial 

hand or body cleaner or soap, astringent or toner, facial 

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

medicated astringent or medicated toner, or rubbing alcohol. 

"Herbicide" means a pesticide product designed to kill or 

retard a plant's growth, but excludes products that are (i) for 

agricultural use, or (ii) restricted materials that require a 

permit for use and possession. 

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

volatile organic compound that exerts a vapor pressure 

greater than 80 millimeters of mercury (mm Hg) when 

measured at 20 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 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 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 establishment that: 

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

or provides services for profit; or 

2. Is engaged in the nonprofit promotion of a particular 

public, educational, or charitable cause. 

Establishments include, but are not limited to, government 

agencies, factories, schools, hospitals, sanitariums, prisons, 

restaurants, hotels, stores, automobile service and parts 

centers, health clubs, theaters, or transportation companies. 

Institutional product does not include household products and 

products that are incorporated into or used exclusively in the 

manufacture or construction of the goods or commodities at 

the site of the establishment. 

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

applied to, attached to, blown into, formed, molded into, 

embossed on, or appearing upon a consumer product or 

consumer product package, for purposes of branding, 

identifying, or giving information with respect to the product 

or to the contents of the package. 

"Laundry prewash" means a product that is designed for 

application to a fabric prior to laundering and that 

supplements and contributes to the effectiveness of laundry 

detergents or provides specialized performance. 

"Laundry starch product" means a product that is designed 

for application to a fabric, either during or after laundering, to 

impart and prolong a crisp, fresh look and may also act to 

help ease ironing of the fabric. Laundry starch product 

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

"Lawn and garden insecticide" means an insecticide product 

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 that is 

capable of a visually detectable flow as determined under 

ASTM "Standard Test Method for Determining Whether a 

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

does not include powders or other materials that are 

composed entirely of solid particles. 

"Lubricant" means a product designed to reduce friction, 

heat, noise, or wear between moving parts, or to loosen rusted 

or immovable parts or mechanisms. Lubricant does not 

include automotive power steering fluids; products for use 

inside power generating motors, engines, and turbines, and 

their associated power-transfer gearboxes; two-cycle oils or 

other products designed to be added to fuels; products for use 

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

1. Sold exclusively to establishments which manufacture or 

construct goods or commodities, and 

2. Labeled "not for retail sale." 

"LVP content" means the total weight, in pounds, of LVPVOC in an ACP product multiplied by 100 and divided by the 
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product's total net weight (in pounds, excluding container and 

packaging), expressed to the nearest 0.1. 

"LVP-VOC" means a chemical compound or mixture that 

contains at least one carbon atom and meets one of the 

following: 

1. Has a vapor pressure less than 0.1 mm Hg at 20 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 

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 that is applied to the skin for the purpose of 

cleaning or tightening pores. Medicated astringent or 

medicated toner includes, but is not limited to, clarifiers and 

substrate-impregnated products. Medicated astringent or 

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

or soap products, astringent or toner, cold cream, lotion, 

antiperspirants, or products that must be purchased with a 

doctor's prescription. 

"Medium volatility organic compound" or "MVOC" means 

a volatile organic compound that exerts a vapor pressure 

greater than 2 mm Hg and less than or equal to 80 mm Hg 

when measured at 20 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 chemical 

action. To "improve the appearance" means to remove or 

reduce stains, impurities, or oxidation from surfaces or to 

make surfaces smooth and shiny. Metal polish or cleanser 

includes, but is not limited to, metal polishes used on brass, 

silver, chrome, copper, stainless steel and other ornamental 

metals. Metal polish or cleanser does not include automotive 

wax, polish, sealant, or glaze, wheel cleaner, paint remover or 

stripper, products designed and labeled exclusively for 

automotive and marine detailing, or products designed for use 

in degreasing tanks. 

"Missing data days" means the number of days in a 

compliance period for which the responsible ACP party has 

failed to provide the required enforceable sales or VOC 

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

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

purpose spray adhesive and 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" means a lubricant designed for 

general purpose lubrication, or for use in a wide variety of 

applications. Multi-purpose lubricant does not include multipurpose dry lubricants, penetrants, or silicone-based multipurpose lubricants. 

"Multi-purpose solvent" means an organic liquid designed to 

be used for a variety of purposes, including cleaning or 

degreasing of a variety of substrates, or thinning, dispersing, 

or dissolving other organic materials. 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 machines, or 

solvents that are incorporated into, or used exclusively in the 

manufacture or construction of, the goods or commodities at 

the site of the establishment. 

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

application to the fingernails or toenails and including but not 

limited to, lacquers, enamels, acrylics, base coats, and top 

coats. 

"Nail polish remover" means a product designed to remove 

nail polish and coatings from fingernails or toenails. 

"Nonaerosol product" means a consumer product that is not 

dispensed by a pressurized spray system. 

"Noncarbon containing compound" means a compound that 

does not contain carbon atoms. 

"Nonresilient flooring" means flooring of a mineral content 

that is not flexible. Nonresilient flooring includes but is not 

limited to terrazzo, marble, slate, granite, brick, stone, 

ceramic tile, and concrete. 

"Nonselective terrestrial herbicide" means a terrestrial 

herbicide product that is toxic to plants without regard to 

species. 

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

sells, supplies, offers for sale, or manufactures for use in the 
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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 

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 liquid, liquefiable, or mastic 

composition designed for application to a substrate in a thin 

layer which is converted to an opaque solid film after 

application and is used for protection, decoration or 

identification, or to serve some functional purpose such as the 

filling or concealing of surface irregularities or the 

modification of light and heat radiation characteristics. 

"Paint remover or stripper" means a product designed to 

strip or remove paints or other related coatings, by chemical 

action, from a substrate without markedly affecting the 

substrate. Paint remover or stripper does not include multipurpose solvents, paint brush cleaners, products designed and 

labeled exclusively to remove graffiti, and hand cleaner 

products that claim to remove paints and other related 

coatings from skin. 

"Penetrant" means a lubricant designed and labeled 

primarily to loosen metal parts that have bonded together due 

to rusting, oxidation, or other causes. Penetrant does not 

include 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 Protection Agency does not consider to be a 

pesticide. 

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

an ACP product between January 1, 1990, and the date on 

which the application for a proposed ACP is submitted to the 

board, based on the data obtained from accurate records 

available to the board that yields the lowest VOC content for 

the product. 

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

designed as to most likely be displayed, presented, shown, or 

examined under normal and customary conditions of display 

or purchase. Whenever a principal display panel appears more 

than once, all requirements pertaining to the principal display 

panel shall pertain to all such principal display panels. 

"Product brand name" means the name of the product 

exactly as it appears on the principal display panel of the 

product. 

"Product category" means the applicable category that best 

describes the product as listed in this section. 

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

and function belonging to the same product category. 

"Propellant" means a liquefied or compressed gas that is 

used in whole or in part, such as a cosolvent, to expel a liquid 

or other material from the same self-pressurized container or 

from a separate container. 

"Pump spray" means a packaging system in which the 

product ingredients within the container are not under 

pressure and in which the product is expelled only while a 

pumping action is applied to a button, trigger, or other 

actuator. 

"Reconcile or reconciliation" means to provide sufficient 

VOC emission reductions to completely offset shortfalls 

generated under the ACP during an applicable compliance 

period. 

"Reconciliation of shortfalls plan" means the plan to be 

implemented by the responsible ACP party when shortfalls 

have occurred, as approved by the board pursuant to 9VAC5-

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 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 companies, firms, or 

establishments, the responsible ACP party is the party that the 

ACP product was "manufactured for" or "distributed by," as 

noted on the label. 

"Restricted materials" means pesticides established as 

restricted materials under the Virginia 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 
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vinyl protectant does not include products primarily designed 

to clean the wheel rim, such as aluminum or magnesium 

wheel cleaners, and tire cleaners that do not leave an 

appearance-enhancing or protective substance on the tire. 

"Rubbing alcohol" means a product containing isopropyl 

alcohol (also called isopropanol) or denatured ethanol and 

labeled for topical use, usually to decrease germs in minor 

cuts and scrapes, to relieve minor muscle aches, as a 

rubefacient, and for massage. 

"Sealant and caulking compound" means a product with 

adhesive properties that is designed to fill, seal, waterproof, 

or weatherproof gaps or joints between two surfaces. Sealant 

and caulking compound does not include roof cements and 

roof sealants; insulating foams; removable caulking 

compounds; clear or paintable or water resistant caulking 

compounds; floor seam sealers; products designed 

exclusively for automotive uses; or sealers that are applied as 

continuous coatings. Sealant and caulking compound also 

does not include units of product, less packaging, which 

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

ounces. For the purposes of this definition only, "removable 

caulking compounds" means a compound that temporarily 

seals windows or doors for three- to six-month time intervals; 

and "clear or paintable or water resistant caulking 

compounds" 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 cartridge 

razor or other wet-shaving system, in the removal of facial or 

other bodily hair. 

"Shortfall" means the ACP emissions minus the ACP limit 

when the ACP emissions were greater than the ACP limit 

during a specified compliance period, expressed to the nearest 

pound of VOC. Shortfall does not include emissions 

occurring prior to the date that the ACP agreement approving 

an ACP is signed by the board. 

"Silicone-based 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 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 that the product container 

be shaken before use. 

"Small business" means any stationary source that: is owned 

or operated by a person that employs 100 or fewer 

individuals; is a small business concern as defined in the 

federal Small Business Act; is not a major stationary source; 

does not emit 50 tons or more per year of any regulated 

pollutant; and emits less than 75 tons per year of all regulated 

pollutants. 

"Solid" means a substance or mixture of substances which, 

either whole or subdivided (such as the particles composing a 

powder), is not capable of visually detectable flow as 

determined under ASTM "Standard Test Method for 

Determining Whether a Material is a Liquid or a Solid" (see 

9VAC5-20-21). 

"Special purpose spray adhesive" means an aerosol adhesive 

that meets any of the following definitions: 

1. "Mounting adhesive" means an aerosol adhesive 

designed to permanently mount photographs, artwork, or 

other drawn or printed media to a backing (paper, board, 

cloth, etc.) without causing discoloration to the artwork. 

2. "Flexible vinyl adhesive" means an aerosol adhesive 

designed to bond flexible vinyl to substrates. "Flexible 

vinyl" means a nonrigid polyvinyl chloride plastic with at 

least% 5%, by weight, of plasticizer content. A plasticizer 

is a material, such as a high boiling point organic solvent, 

that is incorporated into a plastic to increase its flexibility, 

workability, or distensibility, and may be determined using 

ASTM "Standard Practice for Packed Column Gas 

Chromatography" (see 9VAC5-20-21) or from product 

formulation data. 

3. "Polystyrene foam adhesive" means an aerosol adhesive 

designed to bond polystyrene foam to substrates. 

4. "Automobile headliner adhesive" means an aerosol 

adhesive designed to bond together layers in motor vehicle 

headliners. 

5. "Polyolefin adhesive" means an aerosol adhesive 

designed to bond polyolefins to substrates. 

6. "Laminate repair or edgebanding adhesive" means an 

aerosol adhesive designed for: 

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

pressure laminates (e.g., lifted edges, delaminates, etc.); 

or 

b. The touch-up, repair, or attachment of edgebonding 

materials, including but not limited to, other laminates, 

synthetic marble, veneers, wood molding, and decorative 

metals. 

For the purposes of this definition, "high pressure 

laminate" means sheet materials that consist of paper, 

fabric, or other core material that have been laminated at 

temperatures exceeding 265 degrees Fahrenheit and at 

pressures between 1,000 and 1,400 psi. 
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7. "Automotive engine compartment adhesive" means an 

aerosol adhesive designed for use in motor vehicle underthe-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 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 product" means an antiperspirant or a deodorant that 

contains active ingredients in a solid matrix form, and that 

dispenses the active ingredients by frictional action on the 

affected area. 

"Structural waterproof adhesive" means an adhesive whose 

bond lines are resistant to conditions of continuous immersion 

in fresh or salt water and that conforms with the definition in 

the federal consumer products regulation, 40 CFR Part 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. 

"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 party has failed to submit the required VOC 

content or enforceable sales records. The TMHE shall be 

calculated for each ACP product during each portion of a 

compliance period for which the responsible ACP party has 

failed to provide the required VOC content or enforceable 

sales records. The TMHE shall be expressed to the nearest 

pound and calculated according to the following calculation: 

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 specified in 

the ACP agreement approving the ACP, or the current 

actual VOC content, if the responsible ACP party has 

provided all required VOC Content data (for the entire 

compliance period), as specified in the ACP agreement. 

Highest sales = the maximum one-year gross sales of the 

ACP product in the previous five years, if the responsible 

ACP party has failed to meet the requirements for 

reporting enforceable sales records (for any portion of the 

compliance period), as specified in the ACP agreement 

approving the ACP, or the current actual one-year 

enforceable sales for the product, if the responsible ACP 

party has provided all required enforceable sales records 

(for the entire compliance period), as specified in the 

ACP agreement approving the ACP. 

Missing Data Days = (see definition in this section). 

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

N, for which the responsible ACP party has failed to 

submit the required enforceable sales or VOC content 

data as specified in the ACP agreement. 

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

N2, N2O, or compressed air that is used as a propellant and is 

either incorporated with the product or contained in a separate 

chamber within the product's packaging. 

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

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 sound. Undercoating includes, but is not 

limited to, rubberized, mastic, or asphaltic products. 

"Usage directions" means the text or graphics on the 

product's principal display panel, label, or accompanying 

literature 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, 

VOC Content =

(Certified Emissions x 100)

Certified Use Rate
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where 

Certified emissions = (see definition in this section). 

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

"Volatile organic compound" or "VOC" means volatile 

organic compound as defined in 9VAC5-10-20. 

"Wasp and hornet insecticide" means an insecticide product 

that is designed for use against wasps, hornets, yellow jackets 

or bees by allowing the user to spray from a distance a 

directed stream or burst at the intended insects or their hiding 

place. 

"Waterproofer" means a product designed and labeled 

exclusively to repel water from fabric or leather substrates. 

Waterproofer does not include fabric protectants. 

"Wax" means a material or synthetic thermoplastic 

substance generally of high molecular weight hydrocarbons 

or high molecular weight esters of fatty acids or alcohols, 

except glycerol and high polymers (plastics). Wax includes, 

but is not limited to, substances derived from the secretions of 

plants and animals such as carnauba wax and beeswax, 

substances of a mineral origin such as ozocerite and paraffin, 

and synthetic polymers such as polyethylene. 

"Web spray adhesive" means an aerosol adhesive which is 

not a mist spray or special purpose spray adhesive. 

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

on wood floors. 

"Working day" means a day between Monday through 

Friday, inclusive, except for federal holidays. 

9VAC5-40-7270. 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 or 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 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% 

 Structural waterproof: 15% 

 

Air fresheners 

 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% 

 
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Automotive 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% 

 

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 maintenance products 

 Aerosols: 17% 
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 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 products: 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% 

 
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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 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 consumer products for which the label, packaging, 

or accompanying literature states that the product should 

be diluted with a VOC solvent prior to use, the limits 

specified in Table 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 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 Consumer 

Products provisions under Subchapter 8.5, Article 2, 

§ 94509(h), of Title 17 of the California Code of 

Regulations (see 9VAC5-20-21). This certification 

remains in effect for as long as the CARB certification 

remains in effect. A manufacturer claiming such a 

certification on this basis must submit to the board a copy 

of the certification decision (i.e., the Executive Order), 

including all conditions established by CARB applicable 

to the certification. 

b. The manufacturer or distributor of the charcoal lighter 

material has been issued a currently effective 

certification pursuant to subdivision 2 of this subsection. 

c. The charcoal lighter material meets the formulation 

criteria and other conditions specified in the applicable 
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ACP agreement issued pursuant to subdivision 2 of this 

subsection. 

d. The product usage directions for the charcoal lighter 

material are the same as those provided to the board 

pursuant to subdivision 2 c of this subsection. 

2. Provisions follow concerning certification requirements. 

a. No charcoal lighter material formulation shall be 

certified under this subdivision unless the applicant for 

certification demonstrates to the board's satisfaction that 

the VOC emissions from the ignition of charcoal with the 

charcoal lighter material are less than or equal to 0.020 

pound of VOC per start, using the procedures specified in 

the South Coast Air Quality Management District Rule 

1174 Ignition Method Compliance Certification Protocol 

(see 9VAC5-20-21). The provisions relating to LVPVOC in 9VAC5-40-7250 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 results to those 

obtained using the South Coast Air Quality Management 

District Rule 1174 Ignition Method Compliance 

Certification Protocol (see 9VAC5-20-21). 

c. A manufacturer or distributor of charcoal lighter 

material may apply to the board for certification of a 

charcoal lighter material formulation in accordance with 

this subdivision. The application shall be in writing and 

shall include, at a minimum, the following: 

(1) The results of testing conducted pursuant to the 

procedures specified in South Coast Air Quality 

Management District Rule 1174 Testing Protocol (see 

9VAC5-20-21); and 

(2) The exact text or graphics that will appear on the 

charcoal lighter material's principal display panel, label, 

or accompanying literature. The provided material shall 

clearly show the usage directions for the product. These 

directions shall accurately reflect the quantity of charcoal 

lighter material per pound of charcoal that was used in 

the South Coast Air Quality Management District Rule 

1174 Testing Protocol (see 9VAC5-20-21) for that 

product, unless: 

(a) The charcoal lighter material is intended to be used in 

fixed amounts independent of the amount of charcoal 

used, such as certain paraffin cubes, or 

(b) The charcoal lighter material is already incorporated 

into the charcoal, such as certain "bag light," "instant 

light" or "match light" products. 

(3) For a charcoal lighter material 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 lighter 

material used in the South Coast Air Quality 

Management District Rule 1174 Testing Protocol (see 

9VAC5-20-21) for that product. 

(4) Physical property data, formulation data, or other 

information required by the board for use in determining 

when a product modification has occurred and for use in 

determining compliance with the conditions specified on 

the ACP agreement issued pursuant to subdivision 2 e of 

this subsection. 

d. Within 30 days of receipt of an application, the board 

will advise the applicant in writing either that it is 

complete or that specified additional information is 

required to make it complete. Within 30 days of receipt 

of additional information, the board will advise the 

applicant in writing either that the application is 

complete, or that specified additional information or 

testing is still required before it can be deemed complete. 

e. If the board finds that an application meets the 

requirements of subdivision 2 of this subsection, then an 

ACP agreement shall be issued certifying the charcoal 

lighter material formulation and specifying such 

conditions as are necessary to insure that the 

requirements of this subsection are met. The board will 

act on a complete application within 90 days after the 

application is deemed complete. 

3. For charcoal lighter material for which certification has 

been granted pursuant to subdivision 2 of this subsection, 

the applicant for certification shall notify the board in 

writing within 30 days of: (i) a change in the usage 

directions, or (ii) a change in product formulation, test 

results, or other information submitted pursuant to 

subdivision 2 of this subsection 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 

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 

Quality Management District Rule 1174 Testing Protocol 

(see 9VAC5-20-21) and the statistical analysis procedures 

contained therein, the board will revoke or modify the 

certification as is necessary to assure that the charcoal 

lighter material will result in VOC emissions of less than 

or equal to 0.020 pound of VOC per start. Modifications 

and revocations of certifications are considered case 

decisions and will be processed using the procedures 

prescribed in 9VAC5-170 and Article 3 (§ 2.2-4018 et 

seq.) of the Administrative Process Act. 

F. Requirements for aerosol adhesives. 

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

aerosol adhesives, including consumer, industrial, and 

commercial uses. Except as otherwise provided in 9VAC5-

40-7250 and 9VAC5-40-7290, 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. 
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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 applicable compliance date, or (ii) manufacture for sale 

an aerosol adhesive that contains any of the following 

compounds: methylene chloride, perchloroethylene, or 

trichloroethylene. 

4. All aerosol adhesives must comply with the labeling 

requirements specified in 9VAC5-40-7300 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 heavy build-up of polish, the label of 

that floor wax stripper must specify a dilution ratio for 

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

concentration of 12% by weight or less. 

3. The terms "light build-up," "medium build-up" or 

"heavy build-up" are not specifically required, as long as 

comparable terminology is used. 

H. For a consumer product for which standards are specified 

under subsection A of this section, no 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 ozonedepleting compound content of the reformulated product does 

not increase. 

J. The requirements of subsection H of this section shall not 

apply to ozone-depleting compounds that may be present as 

impurities in a consumer product in an amount equal to or 

less than 0.01% by weight of the product. 

9VAC5-40-7280. 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 the requirements and 

process for approval of an ACP. 

1. To be considered by the board for approval, an 

application for a proposed ACP shall be submitted in 

writing to the board by the responsible ACP party and shall 

contain all of the following: 

a. An identification of the contact persons, phone 

numbers, names and addresses of the responsible ACP 

party 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 

tracking product sales meet the minimum criteria 

specified in subdivision 1 d (5) of this subsection. To 

provide this demonstration, the responsible ACP party 

shall do all of the following: 

(1) Provide the contact persons, phone numbers, names, 

street and mail addresses of all persons and businesses 
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who will provide information that will be used to 

determine the enforceable sales; 

(2) Determine the enforceable sales of each product using 

enforceable sales records; 

(3) Demonstrate, to the satisfaction of the board, the 

validity of the enforceable sales based on enforceable 

sales records provided by the contact persons or the 

responsible ACP party; 

(4) Calculate the percentage of the gross sales, 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: 

(a) The VOC and LVP contents of the product at the time 

the application for an ACP is submitted, and 

(b) The VOC and LVP contents of the product that were 

used at any time within the four years prior to the date of 

submittal of the application for an ACP, if either the 

VOC or LVP contents have varied by more than plus or 

minus 10% of the VOC or LVP contents reported in 

subdivision 1 e (2) (a) of this subsection. 

f. A written commitment obligating the responsible ACP 

party to date-code every unit of each ACP product 

approved for inclusion in the ACP. The commitment 

shall require the responsible ACP party to display the 

date-code on each ACP product container or package no 

later than five working days after the date an ACP 

agreement approving an ACP is signed by the board. 

g. An operational plan covering all the products 

identified under subdivision 1 d (5) of this subsection for 

each compliance period that the ACP will be in effect. 

The operational plan shall contain all of the following: 

(1) An identification of the compliance periods and dates 

for the responsible ACP party to report the information 

required by the board in the ACP agreement approving 

an ACP. The length of the compliance period shall be 

chosen by the responsible ACP party (not to exceed 365 

days). The responsible ACP party shall also choose the 

dates for reporting information such that all required 

VOC content and enforceable sales data for all ACP 

products shall be reported to the board at the same time 

and at the same frequency; 

(2) An identification of specific enforceable sales records 

to be provided to the board for enforcing the provisions 

of this article and the ACP agreement approving an ACP. 

The enforceable sales records shall be provided to the 

board no later than the compliance period dates specified 

in subdivision 1 g (1) of this subsection; 

(3) For a small business or a one-product business which 

will be relying to some extent on surplus trading to meet 

its ACP limits, a written commitment from the 

responsible ACP party that they will transfer the surplus 

reductions to the small business or one-product business 

upon approval of the ACP; 

(4) For each ACP product, all VOC content levels 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 reproducibility) will be calculated for 

each specified method. 

(5) The projected enforceable sales for each ACP product 

at each different VOC content for every compliance 

period that the ACP will be in effect; 

(6) A detailed demonstration showing the combination of 

specific ACP reformulations or surplus trading (if 

applicable) that is sufficient to ensure that the ACP 

emissions will not exceed the ACP limit for each 

compliance period that the ACP will be in effect, the 

approximate date within each compliance period that 

such reformulations or surplus trading are expected to 

occur, and the extent to which the VOC contents of the 

ACP products will be reduced (i.e., by ACP 

reformulation). This demonstration shall use the 

equations specified in 9VAC5-40-7260 C for projecting 

the ACP emissions and ACP limits during each 

compliance period. This demonstration shall also include 

all VOC content levels and projected enforceable sales 

for all ACP products to be sold during each compliance 

period; 

(7) A certification that all reductions in the VOC content 

of a product will be real, actual reductions that do not 

result from changing product names, mischaracterizing 

ACP product reformulations that have occurred in the 

past, or other attempts to circumvent the provisions of 

this article; 

(8) Written explanations of the date-codes that will be 

displayed on each ACP product's container or packaging; 

(9) A statement of the approximate dates by which the 

responsible ACP party plans to meet the applicable ACP 

VOC standards for each product in the ACP; 

(10) An operational plan ("reconciliation of shortfalls 

plan") 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: 
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(a) A clear and convincing demonstration of how 

shortfalls of up to 5.0%, 10%, 15%, 25%, 50%, 75% and 

100% of the applicable ACP limit will be completely 

reconciled within 90 working days from the date the 

shortfall is determined; 

(b) A listing of the specific records and other information 

that will be necessary to verify that the shortfalls were 

reconciled as specified in this subsection; and 

(c) A commitment to provide a record or information

requested by the board to verify that the shortfalls have 

been completely reconciled. 

h. A declaration, signed by a legal representative for the 

responsible ACP party, which states that all information 

and operational plans submitted with the ACP 

application are true and correct. 

2. a. In accordance with the time periods specified in 

subsection C of this section, the board will issue an ACP 

agreement approving an ACP which meets the 

requirements of this article. The board will specify such 

terms and conditions as are necessary to ensure that the 

emissions from the ACP products do not exceed the 

emissions that would have occurred if the ACP products 

subject to the ACP had met the VOC standards specified in 

9VAC5-40-7270 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 compliance history 

with past or current ACPs or the requirements for 

consumer products in this article, that the responsible 

ACP party has a recurring pattern of violations and has 

consistently refused to take the necessary steps to correct 

those violations. 

C. Provisions follow concerning ACP approval time frames. 

1. The board will take appropriate action on an ACP within 

the following time periods: 

a. Within 30 working days of receipt of an ACP 

application, the board will inform the applicant in writing 

that either: 

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

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

information required to make the application complete. 

b. Within 30 working days of receipt of additional 

information provided in response to a determination that 

an ACP application is deficient, the board will inform the 

applicant in writing that either: 

(1) The additional information is sufficient to make the 

application complete, and the application is accepted for 

filing, or 

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

information required to make the application complete. 

c. If the board finds that an application meets the 

requirements of subsection B of this section, then it shall 

issue an ACP agreement in accordance with the 

requirements of this article. The board will 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 from the board; or 

c. Within a time period mutually agreed upon by both the 

board and the responsible ACP party. 

E. Provisions follow concerning violations. 

1. Failure to meet a requirement of this article or a 

condition of an applicable ACP agreement shall constitute 

a single, separate violation of this article for each day until 

such requirement or condition is satisfied, except as 

otherwise provided in subdivisions 2 through 8 of this 

subsection. 

2. False reporting of information in an ACP application or 

in any supporting documentation or amendments thereto 

shall constitute a single, separate violation of the 

requirements of this article for each day that the approved 

ACP is in effect. 

3. An exceedance during the applicable compliance period 

of the VOC content specified for an ACP product in the 

ACP agreement approving an ACP shall constitute a 

single, separate violation of the requirements of this article 

for each ACP product which exceeds the specified VOC 

content that is sold, supplied, offered for sale, or 

manufactured for use. 
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4. Any of the following actions shall each constitute a 

single, separate violation of the requirements of this article 

for each day after the applicable deadline until the 

requirement is satisfied: 

a. Failure to report data or failure to report data 

accurately in writing to the board regarding the VOC 

content, LVP content, enforceable sales, or other 

information required by the deadline specified in the 

applicable ACP agreement; 

b. False reporting of information submitted to the board 

for determining compliance with the ACP requirements; 

c. Failure to completely implement the reconciliation of 

shortfalls plan that is set forth in the ACP agreement, 

within 30 working days from the date of written 

notification of a shortfall by the board; or 

d. Failure to completely reconcile the shortfall as 

specified in the ACP agreement, within 90 working days 

from the date of written notification of a shortfall by the 

board. 

5. False reporting or failure to report any of the 

information specified in subdivision F 2 i of this section or 

the sale or transfer of invalid surplus reductions shall 

constitute a single, separate violation of the requirements 

of this article for each day during the time period for which 

the surplus reductions are claimed to be valid. 

6. Except as provided in subdivision 7 of this subsection, 

an exceedance of the ACP limit for a compliance period 

that the ACP is in effect shall constitute a single, separate 

violation of the requirements of this article for each day of 

the applicable compliance period. The board will 

determine whether an exceedance of the ACP limit has 

occurred as follows: 

a. If the responsible ACP party has provided all required 

information for the applicable compliance period 

specified in the ACP agreement approving an ACP, then 

the board will determine whether an exceedance has 

occurred using the enforceable sales records and VOC 

content for each ACP product, as reported by the 

responsible ACP party for the applicable compliance 

period; 

b. If the responsible ACP party has failed to provide all 

the required information specified in the ACP agreement 

for an applicable compliance period, the board will 

determine whether an exceedance of the ACP limit has 

occurred as follows: 

(1) For the missing data days, the board will calculate the 

total maximum historical emissions, as specified in 

9VAC5-40-7260 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 records and VOC content that were 

reported for that portion of the applicable compliance 

period; 

(3) The ACP emissions for the entire compliance period 

shall be the sum of the total maximum historical 

emissions, determined pursuant to subdivision 6 b (1) of 

this subsection, and the emissions determined pursuant to 

subdivision 6 b (2) of this subsection; 

(4) The board will calculate the ACP limit for the entire 

compliance period using the ACP Standards applicable to 

each ACP product and the enforceable sales records 

specified in subdivision 6 b (2) of this subsection. The 

enforceable sales for each ACP product during missing 

data days, as specified in subdivision 6 b (1) of this 

subsection, shall be zero; 

(5) An exceedance of the ACP limit has occurred when 

the ACP emissions, determined pursuant to subdivision 6 

b (3) of this subsection, exceeds the ACP limit, 

determined pursuant to subdivision 6 b (4) of this 

subsection. 

7. If a violation specified in subdivision 6 of this 

subsection occurs, the responsible ACP party may, 

pursuant to this subdivision, establish the number of 

violations as calculated according to the following 

equation: 

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 the requirements of this 

article. 

F. Provisions follow concerning surplus reductions and 

surplus trading. 
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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 surplus reductions 

can be bought from, sold to, or transferred to a responsible 

ACP party operating under an ACP, as provided in 

subdivision 2 of this subsection. All surplus reductions 

shall be calculated by the board at the end of each 

compliance period within the time specified in the 

approved ACP. Surplus reduction certificates shall not 

constitute instruments, securities, or another form of 

property. 

2. The issuance, use, and trading of all surplus reductions 

shall be subject to the following provisions: 

a. For the purposes of this article, VOC reductions from 

sources of VOCs other than consumer products subject to 

the VOC standards specified in 9VAC5-40-7270 A may 

not be used to generate surplus reductions; 

b. Surplus reductions are valid only when generated by a 

responsible ACP party and only while that responsible 

ACP party is operating under an approved ACP; 

c. Surplus reductions are valid only after the board has 

issued an ACP agreement pursuant to subdivision 1 of 

this subsection. 

d. Surplus reductions issued by the board may be used by 

the responsible ACP party who generated the surplus 

until the reductions expire, are traded, or until the ACP is 

canceled pursuant to subdivision J 2 of this section; 

e. Surplus reductions cannot be applied retroactively to a 

compliance period prior to the compliance period in 

which the reductions were generated; 

f. Except as provided in subdivision 2 g (2) of this 

subsection, only small or one-product businesses selling 

products under an approved ACP may purchase surplus 

reductions. An increase in the size of a small business or 

one-product business shall have no effect on surplus 

reductions purchased by that business prior to the date of 

the increase. 

g. While valid, surplus reductions can be used only for 

the following purposes: 

(1) To adjust the ACP emissions of either the responsible 

ACP party who generated the reductions or the 

responsible ACP party to which the reductions were 

traded, provided the surplus reductions are not to be used 

by a responsible ACP party to further lower its ACP 

emissions when its ACP emissions are equal to or less 

than the ACP limit during the applicable compliance 

period; or 

(2) To be traded for the purpose of reconciling another 

responsible ACP party's shortfalls, provided such 

reconciliation is part of the reconciliation of shortfalls 

plan approved by the board pursuant to subdivision B 1 g 

(10) of this section. 

h. A valid surplus reduction shall be in effect starting five 

days after the date of issuance by the board for a 

continuous period equal to the number of days in the 

compliance period during which the surplus reduction 

was generated. The surplus reduction shall then expire at 

the end of its effective period. 

i. At least five working days prior to the effective date of 

transfer of surplus reductions, both the responsible ACP 

party 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; 

(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 

certificate, showing transfer of all or a specified portion 

of the surplus reductions. The copy shall show the 

amount of any remaining nontraded surplus reductions, if 

applicable, and shall show their expiration date. The copy 

shall indicate that both the buyer and seller of the surplus 

reductions fully understand the conditions and limitations 

placed upon the transfer of the surplus reductions and 

accept full responsibility for the appropriate use of such 

surplus reductions as provided in this section. 

j. Surplus reduction credits shall only be traded between 

ACP products. 

3. Provisions follow concerning limited-use surplus 

reduction credits for early reformulations of ACP products. 

a. For the purposes of this subdivision, "early 

reformulation" means an ACP product 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 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 
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products, provided that all of the following 

documentation has been provided by the responsible 

ACP party to the satisfaction of the board: 

(1) Accurate documentation showing that the early 

reformulation reduced the VOC content of the ACP 

product to a level that is below the pre-ACP VOC 

content of the product, or below the applicable VOC 

standard specified in 9VAC5-40-7270 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 for the early reformulated 

ACP product that meet the definition of enforceable sales 

records and that demonstrate that the enforceable sales 

for the ACP product are at least 75% of the gross sales 

for the product, as specified in subdivision B 1 d of this 

section; 

(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 contentinitial = 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 contentfinal = the VOC content of the early 

reformulated ACP product after the early reformulation 

is achieved, expressed to the nearest 0.1 pounds of VOC 

per 100 pounds of ACP product. 

d. The use of limited use surplus reduction credits issued 

pursuant to this subdivision shall be subject to all of the 

following provisions: 

(1) Limited use surplus reduction credits shall be used 

solely to reconcile the responsible ACP party's shortfalls, 

if any, generated during the first compliance period 

occurring immediately after the issuance of the ACP 

agreement approving an ACP, and shall 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 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 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; 
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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 

preapproval. Any such proposed modifications shall be 

fully described in writing and forwarded to the board. The 

responsible ACP party shall clearly demonstrate that the 

proposed modifications will meet the requirements of this 

article. The board will act on the proposed modifications 

using the procedure set forth in subsection C of this 

section. The responsible ACP party shall meet all 

applicable requirements of the existing ACP until such 

time as a proposed modification is approved in writing by 

the board. 

3. Except as otherwise provided in subdivisions 1 and 2 of 

this subsection, the responsible ACP party shall notify the 

board, in writing, of information known by the responsible 

ACP party 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 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 submitted 

pursuant to the approval process set forth in subsection C 

of this section is no longer valid, or (iii) the ACP emissions 

are exceeding the ACP limit specified in the ACP 

agreement approving an ACP, then the board will modify 

the ACP as necessary to ensure that the ACP meets all 

requirements of this article and that the ACP emissions 

will not exceed the ACP limit. Modifications of ACPs are 

considered case decisions and will be processed using the 

procedures prescribed in 9VAC5-170 and Article 3 (§ 2.2-

4018 et seq.) of the Administrative Process Act. 

2. If any applicable VOC standards specified in 9VAC5-

40-7270 A are modified by the board in a future rulemaking, the board will modify the ACP limit specified in 

the ACP agreement approving an ACP to reflect the 

modified ACP VOC standards as of their effective dates. 

J. Provisions follow concerning the cancellation of an ACP. 

1. An ACP shall remain in effect until: 

a. The ACP reaches the expiration date specified in the 

ACP agreement; 

b. The ACP is modified by the responsible ACP party 

and approved by the board, as provided in subsection H 

of this section; 

c. The ACP is modified by the board, as provided in 

subsection I of this section; 

d. The ACP includes a product for which the VOC 

standard specified in 9VAC5-40-7270 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 the 

requirements of subsection G of this section within the 

time periods specified in that subsection. 

d. The responsible ACP party has demonstrated a 

recurring pattern of violations and has consistently failed 

to take the necessary steps to correct those violations. 

3. Cancellations of ACPs are considered case decisions and 

will be processed using the procedures prescribed in 

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

Administrative Process 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: 

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 this 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 §§ 
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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 

responsible ACP parties participating in the transfer of the 

ACP and its associated ACP agreement. The written 

notifications shall be postmarked at least five working days 

prior to the effective date of the transfer and shall be 

signed and submitted separately by both responsible 

parties. The written notifications shall clearly identify the 

contact persons, business names, mail and street addresses, 

and phone numbers of the responsible parties involved in 

the transfer. 

2. The responsible ACP party to which the ACP is being 

transferred shall provide a written declaration stating that 

the transferee shall fully comply with all requirements of 

the ACP agreement approving the ACP and this article. 

M. In approving agreements under subsections B through L 

of this section, the board will take into consideration whether 

the applicant has been granted an ACP by CARB. A 

manufacturer of consumer products that has been granted an 

ACP agreement by the CARB under the provisions in 

Subchapter 8.5, Article 4, §§ 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 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 conditions established by CARB applicable to 

the exemption and certification that the manufacturer will 

comply with the CARB ACP decision for those ACP 

products in the areas specified in 9VAC5-40-7240 B. 

9VAC5-40-7290. Innovative products. (Repealed.)

A. Manufacturers of consumer products may seek an 

innovative products exemption in accordance with the 

following criteria: 

1. The board will exempt a consumer product from the 

VOC limits specified in 9VAC5-40-7270 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 

product that 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: 

ER =

ENC x VOCSTD

VOCNC

where 

ER = The VOC emissions from the noncomplying 

representative product, had it been reformulated. 

ENC = The VOC emissions from the noncomplying 

representative product in its current formulation. 

VOCSTD = the VOC limit specified in Table 4-50A. 

VOCNC = the VOC content of the noncomplying product 

in its current formulation. 

If a manufacturer demonstrates that this equation yields 

inaccurate results due to some characteristic of the product 

formulation or other factors, an alternative method which 

accurately calculates emissions may be used upon approval 

of the board. 

2. For the purposes of this subsection, "representative 

consumer product" means a consumer product that meets 

all of the following criteria: 

a. The representative product shall be subject to the same 

VOC limit in 9VAC5-40-7270 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 emissions from the innovative 

product, including the actual physical test methods used to 

generate the data and, if necessary, the consumer testing 

undertaken to document product usage. In addition, the 

applicant must provide the information necessary to enable 

the board to establish enforceable conditions for granting 

the exemption, including the VOC content for the 

innovative product and test methods for determining the 

VOC content. All information 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. 
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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 terms and conditions as are necessary to 

insure that emissions from the product will meet the 

emissions reductions specified in subdivision 1 of this 

subsection, and that such emissions reductions can be 

enforced. 

6. In granting an exemption for a product, the board will 

establish enforceable conditions. These conditions shall 

include the VOC content of the innovative product, 

dispensing rates, application rates, and other parameters 

determined by the board to be necessary. The board will 

also specify the test methods for determining conformance 

to the conditions established. The test methods shall 

include criteria for reproducibility, accuracy, sampling, and 

laboratory procedures. 

7. For a product for which an exemption has been granted 

pursuant to this section, the manufacturer shall notify the 

board in writing within 30 days of a change in the product 

formulation or recommended product usage directions and 

shall also notify the board within 30 days if the 

manufacturer learns of information 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 through a subsequent 

rulemaking, all innovative product exemptions granted for 

products in the product category, except as provided in this 

subdivision, shall have no force and effect as of the 

effective date of the modified VOC standard. This 

subdivision shall not apply to those innovative products 

that have VOC emissions less than the applicable lowered 

VOC limit and for which a written notification of the 

product's emissions status versus the lowered VOC limit 

has been submitted to and approved by the board at least 

60 days before the effective date of such limits. 

9. If the board believes that a consumer product for which 

an exemption has been granted no longer meets the criteria 

for an innovative product specified in subdivision 1 of this 

subsection, the board may modify or revoke the exemption 

as necessary to assure that the product will meet these 

criteria. Modifications and revocations of exemptions are 

considered case decisions and will be processed using the 

procedures prescribed in 9VAC5-170 and Article 3 (§ 2.2-

4018 et seq.) of the Administrative Process Act. 

B. In granting an exemption under this section, the board 

will take into consideration whether the applicant has been 

granted an innovative product exemption by CARB. A 

manufacturer of consumer products that has been granted an 

innovative product exemption by the CARB under the 

innovative products provisions in Subchapter 8.5, Article 2, § 

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 CARB innovative 

product exemption decision (i.e., the Executive Order), 

including all conditions established by CARB applicable to 

the exemption and certification that the manufacturer will 

comply with the CARB innovative product exemption 

decision for those products in the areas specified in 9VAC5-

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) 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 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 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 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 
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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 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 

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 alternative 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 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 responsible party uses an 

abbreviation as allowed by this subsection, an 

explanation of the abbreviation must be filed with the 

board before the abbreviation is used. 

2. The information required in subdivision 1 of this 

subsection shall be displayed on the product container such 

that it is readily observable without removing or 

disassembling a portion of the product container or 

packaging. For the purposes of this subsection, information 

may be displayed on the bottom of a container as long as it 

is clearly legible without removing product packaging. 

3. No person shall remove, alter, conceal, or deface the 

information required in subdivision 1 of this subsection 

prior to final sale of the product. 

9VAC5-40-7310. 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." Information submitted to 

the board may be claimed as confidential; such information 

will be handled in accordance with the confidentiality 

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

the Virginia Air Pollution Control Law 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 

through calculation of the VOC content from records of the 

amounts of constituents used to make the product pursuant to 

the following criteria: 

1. Compliance determinations based on these records may 

not be used unless the manufacturer of a consumer product 

keeps accurate records for each day of production of the 

amount and chemical composition of the individual 

product constituents. These records must be kept for at 

least three years. 

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

shall be calculated according to the following equation: 

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 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). 
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E. Testing to determine compliance with the certification 

requirements for charcoal lighter material shall be performed 

using the procedures specified in the South Coast Air Quality 

Management District Rule 1174 Ignition Method Compliance 

Certification Protocol (see 9VAC5-20-21). 

F. Testing to determine distillation points of petroleum 

distillate-based charcoal lighter materials shall be performed 

using ASTM "Standard Test Method for Distillation of 

Petroleum Products at Atmospheric Pressure" (see 9VAC5-

20-21). 

G. No person shall create, alter, falsify, or otherwise modify 

records in such a way that the records do not accurately 

reflect the constituents used to manufacture a product, the 

chemical composition of the individual product, and other 

tests, processes, or records used in connection with product 

manufacture. 

9VAC5-40-7350. 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 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 confidentiality 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 

belongs; 

5. The applicable product forms listed separately; 

6. An identification of each product brand name and form 

as a "Household Product," "I&I Product," or both; 

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

and the method used to calculate sales for each product 

form; 

8. For registrations submitted by two companies, an 

identification of the company which is submitting relevant 

data separate from that submitted by the responsible party. 

All registration information from both companies shall be 

submitted by the date specified in this subsection; 

9. For each product brand name and form, the net percent 

by weight of the total product, less container and 

packaging, composed of the following, rounded to the 

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

a. Total exempt compounds; 

b. Total LVP-VOCs that are not fragrances; 

c. Total all other carbon-containing compounds that are 

not fragrances; 

d. Total all noncarbon-containing compounds; 

e. Total fragrance; 

f. For products containing greater than 2.0% by weight 

fragrance: 

(1) The percent of fragrances that are LVP-VOCs; and 

(2) The percent of fragrances that are all other carboncontaining compounds; 

g. Total paradichlorobenzene; 

10. For each product brand name and form, the identity, 

including the specific chemical name and associated 

Chemical Abstract Services (CAS) number, of the 

following: 

a. Each exempt compound; and 

b. Each LVP-VOC that is not a fragrance; 

11. If applicable, the weight percent composed of 

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 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 

Virginia Air Pollution Control Law and 9VAC5-170-60. 

E. Provisions follow concerning special reporting 

requirements for consumer products that contain 

perchloroethylene or methylene chloride. 

1. The requirements of this subsection shall apply to all 

responsible parties for consumer products that are subject 

to 9VAC5-40-7270 A and contain perchloroethylene or 

methylene chloride. For the purposes of this subsection, a 

product contains perchloroethylene or methylene chloride 

if the product contains 1.0% or more by weight (exclusive 

of the container or packaging) of either perchloroethylene 

or methylene chloride. 

2. For each consumer product that contains 

perchloroethylene or methylene chloride, the responsible 

party shall 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: 
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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%, 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.virginia.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 prohibiting 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 (EPA) 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 the 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 assigned 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 federal 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 CAMR 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 inconsistent 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 stakeholder 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 

Electric 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 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 

Virginia State Air Pollution Control Board adopted this 

regulation to implement the 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

The complete record of public participation activities is located at the Air Division of the 

Department of Environmental Quality. The department contact to access this 

information is the Director, Air Division.

The state did not receive comments on this particular revision. 

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