California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 8.5 - Consumer Products › Article 4 - Alternative Control Plan › Section 94542 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
					 purposes of this article, the following definitions shall apply:
(1) "ACP Emissions" means the sum of the VOC
					 emissions from every ACP product subject to an Executive Order approving an
					 ACP, during the compliance period specified in the Executive Order, expressed
					 to the nearest pound of VOC and calculated according to the following equation:
ACP Emissions
=
						(
Emissions
)1 +
						(
Emissions
)2 +...+
						(
Emissions
)
N
where,
Emissions
=
[
VOC
								Content
]
x
[
Enforceable
								Sales
]
100
For all products except for charcoal lighter material
						products:
VOC
								Content
=
[(
B - C
)
x
100]
A
A = net weight of unit (excluding container and
						packaging)
B = total weight of all VOCs per unit, as defined in
						subsection (a)(31) of this section
C = total weight of all exempted VOCs per unit, as
						specified in section
						94510
For charcoal lighter material products only:
VOC
								Content
=
[
Certified Emissions x
100]
Certified Use
								Rate
Certified Emissions = the emission level for products
						approved by the Executive Officer under section
						94509(h), as
						determined pursuant to South Coast Air Quality Management District Rule 1174
						Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to
						the nearest 0.001 pound CH2 per start.
Certified Use Rate = the usage level for products
						approved by the Executive Officer under section
						94509(h), as
						determined pursuant to South Coast Air Quality Management District Rule 1174
						Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to
						the nearest 0.001 pound certified product used per start.
For all products to which this Article applies:
Enforceable Sales = the total amount of an ACP product
						sold for use in California, during the applicable compliance period specified
						in the Executive Order approving an ACP, as determined through enforceable
						sales records (expressed to the nearest pound, excluding container and
						packaging).
1,2,...N = each product in an ACP up to the maximum
						N.
(2) "ACP Limit" means the
					 maximum allowable ACP Emissions during the compliance period specified in an
					 Executive Order 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
Enforceable Sales = the total amount of an ACP product
						sold for use in California, during the applicable compliance period specified
						in the Executive Order approving an ACP, as determined through enforceable
						sales records (expressed to the nearest pound, excluding container and
						packaging).
ACP Standard = either the ACP product's Pre-ACP VOC
						Content or the applicable VOC standard specified in sections
						94509, whichever is the lesser of
						the two.
Pre-ACP VOC Content = the lowest VOC content which the
						ACP product had between January 1, 1990 and the date on which the application
						for a proposed ACP is submitted to the Executive Officer, based on either the
						data on the product obtained from the March 12, 1991 Air Resources Board
						Consumer Products Survey, or other accurate records available to the Executive
						Office, whichever yields the lowest VOC content for the product.
1,2,...N = each product in an ACP up to the maximum
						N.
(3) "ACP Product" means
					 any "consumer product" subject to the VOC standards specified in section
					 94509, except those products that
					 have been exempted under section
					 94510, or exempted as Innovative
					 Products under section
					 94511.
(4) "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 which is less than the current VOC
					 content of the product.
(5) "ACP
					 Standard" means either the ACP product's Pre-ACP VOC Content or the applicable
					 VOC standard specified in section
					 94509, whichever is the lesser of
					 the two.
(6) "Alternative Control
					 Plan" or "ACP" means any emissions averaging program approved by the Executive
					 Officer pursuant to the provisions of this article.
(7) "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 Executive Order approving an ACP.
(8) "Contact Person" means a
					 representative(s) that has been designated by the responsible ACP party for the
					 purpose of reporting or maintaining any information specified in the Executive
					 Order approving an ACP.
(9)
					 "Date-Code" means the day, month and year on which the ACP product was
					 manufactured, filled, or packaged, or a code indicating such a date.
(10) "Enforceable Sales" means the total
					 amount of an ACP product sold for use in California, during the applicable
					 compliance period specified in the Executive Order approving an ACP, as
					 determined through enforceable sales records (expressed to the nearest pound,
					 excluding product container and packaging).
(11) "Enforceable Sales Record" means a
					 written, point-of-sale record or any other Executive Officer-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 California 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:
(A) accurate
					 records of direct retail or other outlet sales to the end user during the
					 applicable compliance period;
(B)
					 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 any data
					 comprising such summaries is submitted by the responsible ACP party and
					 approved by the Executive Officer;
(C) any other accurate product sales records
					 approved by the Executive Officer as meeting the criteria specified in this
					 subsection (a)(11).
(D) for
					 pesticides only, accurate mill assessment records for economic poisons,
					 verified by the California Department of Pesticide Regulations, which cover the
					 sales of ACP pesticide products during the applicable compliance
					 period.
(12) "Executive
					 Order" means the document signed by the Executive Officer which includes the
					 conditions and requirements of the ACP, and which allows manufacturers to sell
					 ACP products in California pursuant to the requirements of this
					 article.
(13) "Gross California
					 Sales" means the estimated total California sales of an ACP product 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 Executive Officer will provide an accurate California sales
					 estimate:
(A) apportionment of national or
					 regional sales of the ACP product to California 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 California's current population; or
(B) any other documented method which
					 provides an accurate estimate of the total current California sales of the ACP
					 product.
(14) "LVP" or
					 "LVP Compound" shall have the same meaning as "LVP-VOC," as defined in section
					 94508(a).
(15) "LVP Content" means the total weight, in
					 pounds, of LVP compounds 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.
(16)
					 "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 Executive Officer, as specified in the Executive
					 Order approving an ACP.
(17)
					 "One-product business" means a responsible ACP party which sells, supplies,
					 offers for sale, or manufactures for use in California:
(A) only one distinct ACP product, sold under
					 one product brand name, which is subject to the requirements of section
					 94509, or
(B) only one distinct ACP product line
					 subject to the requirements of sections
					 94509, in which all the ACP
					 products belong to the same product category(ies) 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.
(18) "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 Executive Officer, based on
					 either the data on the product obtained from the March 12, 1991 Air Resources
					 Board Consumer Products Survey or other accurate records available to the
					 Executive Officer, whichever yields the lowest VOC content for the
					 product.
(19) "Product Line" means
					 a group of products of identical form and function belonging to the same
					 product category(ies).
(20)
					 "Reconcile" or "Reconciliation" means to provide sufficient VOC emission
					 reductions to completely offset any shortfalls generated under the ACP during
					 an applicable compliance period.
(21) "Reconciliation of Shortfalls Plan"
					 means the plan to be implemented by the responsible ACP party when shortfalls
					 have occurred, as approved by the Executive Officer pursuant to section
					 94543(a)(7)(J).
(22) "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.
(23) "Retail Outlet" means any establishment
					 at which consumer products are sold, supplied, or offered for sale directly to
					 consumers.
(24) "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 Executive Order approving an ACP is signed by the Executive
					 Officer.
(25) "Small Business"
					 shall have the same meaning as defined in Government Code Section
					 11342(h).
(26) "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 section
					 94547(c),
					 "Surplus Reduction" does not include emissions occurring prior to the date that
					 the Executive Order approving an ACP is signed by the Executive
					 Officer.
(27) "Surplus Trading"
					 means the buying, selling, or transfer of Surplus Reductions between
					 responsible ACP parties.
(28)
					 "Total Maximum Historical Emissions" (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 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 5 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 Executive Order
						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 Executive Order.
Highest Sales = the maximum one-year Gross California
						Sales of the ACP product in the previous 5 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 Executive Order
						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 Executive
						Order approving the ACP.
Missing Data Days = 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 as specified in the Executive Order
						approving an ACP.
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 Executive Order
						approving an ACP.
(29) "VOC
					 Content" means the total weight of VOC in a product, expressed to the nearest
					 0.1 pounds of VOC per 100 pounds of product and calculated according to the
					 following equation:
For all products except for charcoal lighter material
						products:
VOC
								Content
=
[(
B -
								C
)
x
100]
A
A = net weight of unit (excluding container and
						packaging)
B = total weight of all VOCs per unit, as defined in
						section 94542(a)(31)
C = total weight of all exempted VOCs per unit, as
						specified in section
						94510
For charcoal lighter material products only,
VOC
								Content
=
[
Certified Emissions x
100]
Certified Use
								Rate
Certified Emissions = the emissions level for products
						approved by the Executive Officer under section
						94509(h), as
						determined pursuant to South Coast Air Quality Management District Rule 1174
						Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to
						the nearest 0.001 pound CH2 per start.
Certified Use Rate = the usage level for products
						approved by the Executive Officer under section
						94509(h), as
						determined pursuant to South Coast Air Quality Management District Rule 1174
						Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to
						the nearest 0.001 pound certified product used per start.
(30) "VOC Standard" means the maximum
					 allowable VOC content for an ACP product, determined as follows:
(A) the applicable VOC Standard specified in
					 section 94509, for all ACP products except
					 for charcoal lighter material;
(B)
					 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
CH2
per start x
100]
Certified Use
								Rate
where,
0.020 = the certification emissions level for the
						Executive Officer-approved product, as specified in section
						94509(h).
Certified Use Rate = the usage level for products
						approved by the Executive Officer under section
						94509(h), as
						determined pursuant to South Coast Air Quality Management District Rule 1174
						Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to
						the nearest 0.001 pound certified product used per
						start.
(31)
					 "Volatile Organic Compound" or "VOC" shall have the same meaning as defined in
					 section 94508(a)(90).
(32) "Working Day" means any day between
					 Monday through Friday, inclusive, except for days that are federal
					 holidays.