Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.32 - Control of Emissions of Volatile Organic Compounds from Consumer Products › Section 26.11.32.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "ACP" means alternative control plan as
				  defined in this section.
(2) "ACP
				  agreement" means a document signed by the Department that:
(a) Includes the conditions and requirements
				  of the ACP; and
(b) Allows
				  manufacturers to sell ACP products in the State under the requirements of this
				  chapter.
(3) "ACP
				  emissions" means the sum of the VOC emissions from every ACP product subject to
				  an ACP agreement 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
where:
(a)
				  Emissions = (VOC Content) x (Enforceable Sales) / 100;
(b) For all products, except for charcoal
				  lighter material products:
VOC Content = (B - C) x 100 / A
where:
(i) A = net
				  weight of unit (excluding container and packaging);
(ii) B = total weight of all VOCs per unit;
				  and
(iii) C = total weight of all
				  exempted VOCs per unit, as specified in Regulation .01 of this
				  chapter;
(c) For
				  charcoal lighter material products only: VOC Content = (Certified Emissions x
				  100) / Certified Use Rate
where:
(i)
				  Certified Emissions = the emissions level for products approved by the
				  Department under Regulation .05 of this chapter, as determined under the South
				  Coast Air Quality Management District Rule 1174 Ignition Method Compliance
				  Certification Protocol (Feb. 28, 1991), expressed to the nearest 0.001 pound
				  CH2 per start; and
(ii) Certified Use Rate = the usage level for
				  products approved by the Department under Regulation .05 of this chapter, as
				  determined under the South Coast Air Quality Management District Rule 1174
				  Ignition Method Compliance Certification Protocol (Feb. 28, 1991), expressed to
				  the nearest 0.001 pound certified product used per start.
(4) "ACP limit" means the maximum
				  allowable ACP emissions during the compliance period specified in an ACP
				  agreement, expressed to the nearest pound of VOC and calculated according to
				  the following equation:
ACP Limit = (Limit)1 +
					 (Limit)2 + . . . +
					 (Limit)N
where:
(a) Limit =
				  (ACP Standard) x (Enforceable Sales) / 100;
(b) Enforceable Sales = the total amount of
				  an ACP product sold for use in the State during the applicable compliance
				  period specified in the ACP agreement, as determined through enforceable sales
				  records (expressed to the nearest pound, excluding container and
				  packaging);
(c) ACP Standard =
				  either the ACP product's Pre-ACP VOC content, or the applicable VOC standard
				  specified in Regulation .04B of this chapter, whichever is less;
(d) 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 Department, based
				  on either the data on the product obtained from the March 12, 1991, California
				  Air Resources Board (CARB) Consumer Products Survey, or other accurate records
				  available to the Department, whichever yields the lowest VOC content for the
				  product;
(e) 1,2,...N = each
				  product in an ACP up to the maximum N.
(5) "ACP product" means a consumer product
				  subject to the VOC standards in Regulation.04B of this chapter, except those
				  products that have been exempted under Regulations .01, .11, or .12 of this
				  chapter.
(6) "ACP reformulation"
				  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.
(7) "ACP
				  standard" means either the ACP product's pre-ACP VOC content or the applicable
				  VOC standard specified in Regulation .04B of this chapter, whichever is
				  less.
(8) "ACP VOC standard" means
				  the maximum allowable VOC content for an ACP product, determined as follows:
(a) The applicable VOC standard specified in
				  Regulation .04B of this chapter for all ACP products except charcoal lighter
				  material; or
(b) For charcoal
				  lighter material products only, the VOC standard for the purposes of this
				  chapter shall be calculated according to the following equation:
VOC Standard = (0.020 pound CH2 per start x 100) /
					 Certified Use Rate
where:
(i) 0.020 =
				  the certification emissions level for the Department-approved product, as
				  specified in Regulation .05 of this chapter; and
(ii) Certified Use Rate = the usage level for
				  products approved by the Department under Regulation .05 of this chapter, as
				  determined pursuant to South Coast Air Quality Management District Rule 1174
				  Ignition Method Compliance Certification Protocol (Feb. 28, 1991), expressed to
				  the nearest 0.001 pound certified product used per start.
(9) Adhesive.
(a) "Adhesive" means a product that is used
				  to bond one surface to another surface by attachment.
(b) "Adhesive" does not include products used
				  on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners,
				  or other products with an adhesive incorporated onto or in an inert
				  substrate.
(10) Adhesive
				  Remover.
(a) "Adhesive remover" means a
				  product designed to remove adhesives, including caulks, sealants, glues, or
				  similar substances used for the purpose of forming a bond, from either a
				  specific substrate or a variety of substrates.
(b) "Adhesive remover" does not include
				  products that remove adhesives intended exclusively for use on humans or
				  animals.
(11) Aerosol
				  Adhesive.
(a) "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.
(b) "Aerosol adhesive" includes special
				  purpose spray adhesives, mist spray adhesives, and web spray
				  adhesives.
(12) "Aerosol
				  cooking spray" means an aerosol product that is designed to reduce sticking on
				  cooking and baking surfaces or be applied on food.
(13) Aerosol Product.
(a) "Aerosol product" means a pressurized
				  spray system that dispenses product ingredients by means of a propellant
				  contained in a product or a product's container or by means of mechanically
				  induced force.
(b) "Aerosol
				  product" does not include pump spray.
(14) Agricultural Use.
(a) "Agricultural use" means the use of a
				  pesticide or method or device for the control of pests in connection with the
				  commercial production, storage, or processing of an animal or plant
				  crop.
(b) "Agricultural use" does
				  not include the sale or use of pesticides in properly labeled packages or
				  containers that are intended for:
(i) Use in a
				  household or its immediate environment;
(ii) Use requiring a license under COMAR
				  15.05.01.03 a;
(iii) Use for or in a manufacturing, mining,
				  or chemical process or use in the operation of factories, processing plants,
				  and similar sites; or
(iv)
				  Institutional use.
(15) Air Freshener.
(a) "Air freshener" means any product
				  designed or labeled for the purpose of masking odors, or freshening, cleaning,
				  scenting, or deodorizing the air.
(b) "Air freshener" includes sprays, wicks,
				  wipes, diffusers, powders, crystals, liquids, semisolids, solids, or aerosol or
				  pump sprays, and dual purpose air freshener/disinfectant products.
(c)
				  "Air freshener" does not include:
(i) A
				  product that is used on the human body; or
(ii) A product that functions primarily as a
				  cleaning product, as indicated on a product label, odor remover/eliminator
				  product or toilet/urinal care product.
(16) "All other carbon-containing
				  compounds" means all compounds which contain at least 1 carbon atom and are not
				  a "Table B" compound or a "LVP-VOC".
(17) All Other Forms.
(a) "All other forms" means all consumer
				  product forms for which no form-specific VOC standard is specified.
(b) "All other forms" includes, unless
				  specified otherwise by the applicable VOC standard, solids, liquids, including
				  pre-moistened cloth or paper wipes (towelettes), wicks, powders and
				  crystals.
(18)
				  "Alternative control plan (ACP)" means an emissions averaging program approved
				  by the Department under the provisions of this chapter.
(19) Antimicrobial Hand or Body Cleaner or
				  Soap.
(a) "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.
(b) "Antimicrobial hand or body cleaner or
				  soap" includes antimicrobial hand or body washes or cleaners, foodhandler hand
				  washes, healthcare personnel hand washes, preoperative skin preparations, and
				  surgical scrubs.
(c) "Antimicrobial
				  hand or body cleaner or soap" does not include prescription drug products,
				  antiperspirants, astringent/toner, deodorants, 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/medicated
				  toner, or rubbing alcohol.
(20) Antiperspirant.
(a) "Antiperspirant" means a product that is
				  intended by the manufacturer to be used to reduce perspiration in the human
				  axilla by at least 20 percent in at least 50 percent of a target
				  population.
(b) "Antiperspirant"
				  includes aerosols, roll-ons, sticks, pumps, pads, creams, and
				  squeeze-bottles.
(21)
				  Anti-Static Product.
(a) "Anti-static product"
				  means a product that is labeled to eliminate, prevent, or inhibit the
				  accumulation of static.
(b)
				  "Anti-static product" does not include electronic cleaner, floor polish or wax,
				  or floor coating.
(22)
				  "Architectural coating" means a coating applied to stationary structures and
				  their appurtenances, to mobile homes, to pavements, or to curbs.
(22-1) Aromatic compound.
(a) "Aromatic compound" means a
				  carbon-containing compound that contains one or more benzene or equivalent
				  heterocyclic rings and has an initial boiling point less than or equal to 280
				  degrees C.
(b) "Aromatic compound"
				  does not include compounds excluded from the definition of Volatile organic
				  compound (VOC) under COMAR
				  26.11.01.01B.
(22-2) Artist's
				  solvent/thinner. "Artist's solvent/thinner" means any liquid product that:
(a) Has a label that meets the requirements
				  of ASTM D4236-94 (Reapproved 2011), Standard Practice for Labeling Art
				  Materials for Chronic Health Hazards; and
(b) Is labeled to reduce the viscosity of, or
				  remove, art coating compositions or components.
(23) "ASTM" means the American Society for
				  Testing and Materials.
(24)
				  Astringent/Toner.
(a) "Astringent/toner"
				  means a product not regulated as a drug by the U.S. Food and Drug
				  Administration (FDA) and which is applied to the skin for the purpose of
				  cleaning or tightening pores.
(b)
				  "Astringent/toner" includes clarifiers and substrate-impregnated
				  products.
(c) "Astringent/toner"
				  does not include a hand, face, or body cleaner or soap product, medicated
				  astringent/medicated toner, cold cream, lotion, or antiperspirant.
(25) "Automobile headliner
				  adhesive" means an aerosol adhesive designed to bond together layers in motor
				  vehicle headliners.
(26)
				  "Automotive brake cleaner" means a cleaning product manufactured before January
				  1, 2018 that is designed or labeled to remove oil, grease, brake fluid, brake
				  pad material, or dirt from motor vehicle brake mechanisms.
(27) "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°F.
(28) "Automotive hard paste wax" means an
				  automotive wax or polish that is designed to protect and improve the appearance
				  of automotive paint surfaces, is a solid at room temperature, and contains no
				  water by formulation.
(29)
				  "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 before the
				  product is allowed to dry.
(30)
				  "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.
(31) Automotive Wax,
				  Polish, Sealant, or Glaze.
(a) "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.
(b) "Automotive wax,
				  polish, sealant, or glaze" includes products designed for use in autobody
				  repair shops and drive-through car washes, and by the general public.
(c) "Automotive wax, polish, sealant, or
				  glaze" does not include automotive rubbing or polishing compounds, automotive
				  wash and wax products, surfactant-containing car wash products, or products
				  designed for use on unpainted surfaces such as bare metal, chrome, glass, or
				  plastic.
(31-1)
				  Automotive Windshield Cleaner.
(a)
				  "Automotive windshield cleaner" means a product manufactured on and after
				  January 1, 2018 that:
(i) Is labeled and
				  packaged as an automotive windshield cleaner in the form of a pre-moistened
				  towellete;
(ii) Is labeled
				  "automotive use only"; and
(iii) Is
				  designed to be used on automotive windshields, automotive mirrors, and
				  automotive headlights.
(b) "Automotive windshield cleaner" does not
				  include automotive windshield washer fluid.
(32) Automotive Windshield Washer Fluid.
(a) "Automotive windshield washer fluid"
				  means a 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.
(b) "Automotive
				  windshield washer fluid" does not include fluids placed by the manufacturer in
				  a new vehicle.
(33)
				  "Bait station insecticide" means a container 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 percent active ingredients.
(34) Bathroom and Tile Cleaner.
(a) "Bathroom and tile cleaner" means a
				  product designed or labeled to clean tile or surfaces in bathrooms.
(b) "Bathroom and tile cleaner" does not
				  include odor remover/eliminator and toilet/urinal care products.
(34-1) "Brake cleaner" means a
				  cleaning product manufactured on or after January 1, 2018 that is designed or
				  labeled to remove oil, grease, brake fluid, brake pad material or dirt from
				  motor vehicle brake mechanisms.
(35) "Bug and tar remover" means a product
				  labeled to remove from painted motor vehicle surfaces, without causing damage
				  to the finish, either or both of the following:
(a) Biological-type residues such as insect
				  carcasses and tree sap; or
(b) Road
				  grime such as road tar, roadway paint markings, and asphalt.
(36) "CARB" means the California
				  Air Resources Board.
(37)
				  Carburetor or Fuel-Injection Air Intake Cleaner.
(a) "Carburetor or fuel-injection air intake
				  cleaner" means a product designed or labeled to remove fuel deposits, dirt, or
				  other contaminants from a carburetor, choke, throttle body of a fuel-injection
				  system, or associated linkages.
(b)
				  "Carburetor or fuel-injection air intake cleaner" does not include:
(i) Products designed or labeled exclusively
				  to be introduced directly into the fuel lines or fuel storage tank before
				  introduction into the carburetor or fuel injectors; or
(ii) Products designed or labeled exclusively
				  to be introduced during engine operation directly into air intake vacuum lines
				  by using a pressurized sprayer wand.
(38) Carpet and Upholstery Cleaner.
(a) "Carpet and upholstery cleaner" means a
				  cleaning product designed for the purpose of eliminating dirt and stains on
				  rugs, carpeting, the interior of motor vehicles, household furniture, or
				  objects upholstered or covered with fabrics such as wool, cotton, nylon, or
				  other synthetic fabrics.
(b)
				  "Carpet and upholstery cleaner" includes products that make fabric protectant
				  claims.
(c) "Carpet and upholstery
				  cleaner" does 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.
(39)
				  Charcoal Lighter Material.
(a) "Charcoal
				  lighter material" means a combustible material designed to be applied on,
				  incorporated in, added to, or used with charcoal to enhance ignition.
(b) "Charcoal lighter material" does not
				  include electrical starters and probes, metallic cylinders using paper tinder,
				  natural gas, propane, and fat wood.
(39-1) "Clear coating" means a transparent
				  coating usually applied over a colored opaque coating, metallic substrate, or
				  placard to give improved gloss and protection to the color coat.
(40) "Clear, paintable, water resistant
				  caulking compound" means a compound which:
(a)
				  Contains no appreciable level of opaque fillers or pigments;
(b) Transmits most or all visible light
				  through the caulk when cured;
(c)
				  Is paintable; and
(d) Is
				  immediately resistant to precipitation upon application.
(41) "Colorant" means a pigment or coloring
				  material used in a consumer product for an aesthetic effect, or to dramatize an
				  ingredient.
(42) "Compliance
				  period" means the period of time, not to exceed 1 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.
(43) Construction, Panel, and Floor Covering
				  Adhesive.
(a) "Construction, panel, and floor
				  covering adhesive" means a one-component adhesive that is designed exclusively
				  for the installation, remodeling, maintenance, or repair of:
(i) Structural and building components
				  including beams, trusses, studs, ceiling and acoustical tile, molding,
				  fixtures, countertops or countertop laminates, cove or wall bases, flooring or
				  subflooring, and paneling; or
(ii)
				  Floor or wall coverings including 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.
(b)
				  "Construction, panel, and floor covering adhesive" does not include floor seam
				  sealer.
(44) Consumer.
(a) "Consumer" means a person who purchases
				  or acquires a consumer product for personal, family, household, or
				  institutional use.
(b) "Consumer"
				  does not include a person who acquires a consumer product for resale.
(45) Consumer Product.
(a) "Consumer product" means a chemically
				  formulated product used by household or institutional consumers.
(b) "Consumer product" includes detergents,
				  cleaning compounds, polishes, floor finishes, cosmetics, personal care
				  products, home, lawn, and garden products, disinfectants, sanitizers, aerosol
				  paints, automotive specialty products, and aerosol adhesives for consumer,
				  industrial, or commercial uses.
(c)
				  "Consumer product" does not include paint products other than those listed
				  under §B(45)(b) of this regulation, furniture coatings, or architectural
				  coatings.
(46) Contact
				  Adhesive.
(a) "Contact adhesive" means a
				  non-aerosol adhesive that:
(i) Is designed
				  for application to two surfaces to be bonded together;
(ii) Is allowed to dry before the two
				  surfaces are placed in contact with each other;
(iii) Forms an immediate bond that is
				  impossible or difficult to reposition after both adhesive-coated surfaces are
				  placed in contact with each other; and
(iv) Does not need sustained pressure or
				  clamping of surfaces after the adhesive-coated surfaces have been brought
				  together using sufficient momentary pressure to establish full contact between
				  both surfaces.
(b)
				  "Contact adhesive" does not include rubber cements intended primarily for use
				  on paper substrates and vulcanizing fluids that are designed and labeled for
				  tire repair only.
(47)
				  "Contact adhesive-general purpose" means any contact adhesive that is not a
				  contact adhesive-special purpose.
(48) "Contact adhesive-special purpose" means
				  a contact adhesive that:
(a) Is used to bond
				  melamine-covered board, unprimed metal, unsupported vinyl,
				  polytetrafluoroethylene or closely related fluoropolymer (for example,
				  Teflon(r)), ultra-high molecular weight polyethylene, rubber, high pressure
				  laminate, or wood veneer 1/16 inch or less in thickness to any porous or
				  nonporous surface, and is sold in units of product, less packaging, that
				  contain more than 8 fluid ounces;
(b) Is used in automotive applications that
				  are:
(i) Automotive under-the-hood
				  applications requiring heat, oil, or gasoline resistance; and
(ii) Body-side molding, automotive weather
				  stripping, or decorative trim.
(49) "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.
(50) Container or Packaging.
(a) "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.
(b) "Container or
				  packaging" includes an article onto or into which the principal display panel
				  and other accompanying literature or graphics are incorporated, etched,
				  printed, or attached.
(51) Crawling Bug Insecticide.
(a) "Crawling bug insecticide" means an
				  insecticide product that is designed for use against ants, cockroaches, or
				  other household crawling arthropods, including, mites, silverfish, and
				  spiders.
(b) "Crawling bug
				  insecticide" does not include:
(i) A product
				  designed to be used exclusively on humans or animals; or
(ii) 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.
(52) "Date-code" means
				  the day, month, and year on which the consumer product was manufactured,
				  filled, or packaged, or a code indicating that date.
(53) Deodorant.
(a) "Deodorant" means:
(i) For products manufactured before January
				  1, 2009, a product that is intended by the manufacturer to be used to minimize
				  odor in the human axilla by retarding the growth of bacteria that cause the
				  decomposition of perspiration; and
(ii) For products manufactured on or after
				  January 1, 2009, a product that indicates or depicts on the container or
				  packaging, or on any sticker or label affixed thereto, that the product can be
				  used on or applied to the human axilla to provide a scent or minimize
				  odor.
(b) "Deodorant"
				  includes aerosols, roll-ons, sticks, pumps, pads, creams, and
				  squeeze-bottles.
(54)
				  "Deodorant body spray" means:
(a) For products
				  manufactured before January 1, 2009, a personal fragrance product with 20
				  percent or less fragrance; and
(b)
				  For products manufactured on or after January 1, 2009, a personal fragrance
				  product with 20 percent or less fragrance, that is designed for application all
				  over the human body to provide a scent.
(55) Device.
(a) "Device" means an instrument or
				  contrivance other than a firearm that is designed for trapping, destroying,
				  repelling, or mitigating pests, or other forms of plant or animal life other
				  than man and other than bacteria, virus, or other microorganisms on or in
				  living man or other living animals.
(b) "Device" does not include equipment used
				  for the application of pesticides when sold separately from the
				  pesticide.
(56)
				  Disinfectant.
(a) "Disinfectant" means a
				  product that is designed or labeled as a disinfectant, or is labeled for use to
				  destroy or irreversibly inactivate infectious or other undesirable bacteria,
				  pathogenic fungi, or viruses on surfaces or inanimate objects and for which the
				  label is registered as a disinfectant under the Federal Insecticide, Fungicide,
				  and Rodenticide Act (FIFRA), 7 U.S.C. §
													136 et seq.
(b) Disinfectant" includes products that are
				  designed or labeled as both a sanitizer and a disinfectant.
(c)
				  "Disinfectant" does not include:
(i) Products
				  designed or labeled solely for use on humans or animals;
(ii) Products designed or labeled solely for
				  agricultural use;
(iii) Products
				  designed or labeled solely for use in swimming pools, therapeutic tubs, or hot
				  tubs;
(iv) Products designed or
				  labeled to be used on heat sensitive critical or semi-critical medical devices
				  or medical equipment surfaces;
(v)
				  Products that are pre-moistened wipes or towelettes sold exclusively to
				  medical, convalescent, or veterinary establishments;
(vi) Products designed or labeled to be
				  applied to food-contact surfaces that are not required to be rinsed off prior
				  to contact with food; or
(vii)
				  Products designed or labeled as bathroom and tile cleaners, glass cleaners,
				  general purpose cleaners, toilet/urinal care products, metal polishes, carpet
				  cleaners, or fabric refreshers regardless of any disinfecting or anti-microbial
				  claims on the label.
(57) Distributor.
(a) "Distributor" means a person to whom a
				  consumer product is sold or supplied for the purposes of resale or distribution
				  in commerce.
(b) "Distributor" does
				  not include manufacturers, retailers, or consumers.
(58) "Double phase air freshener" means an
				  aerosol air freshener with liquid contents in two or more distinct phases that
				  requires the product container be shaken before use to mix the phases,
				  producing an emulsion.
(59) Dry
				  Cleaning Fluid.
(a) "Dry cleaning fluid" means
				  a non-aqueous liquid product designed and labeled exclusively for use on:
(i) Fabrics which are labeled "for dry clean
				  only", such as clothing or drapery; or
(ii) Upholstery fabric designed to be cleaned
				  only with water-free spot cleaning products as specified by the Joint Industry
				  Fabric Standards Committee.
(b) "Dry cleaning fluid" includes products
				  used by commercial dry cleaners and commercial businesses that clean fabrics
				  such as draperies at a customer's residence or work place.
(c) "Dry cleaning fluid" does not include
				  spot remover or carpet and upholstery cleaner.
(59-1) "Dual purpose air
				  freshener/disinfectant" means an aerosol product that is designed or labeled
				  for use as both a disinfectant and an air freshener, or is so represented on
				  any sticker, packaging, or literature attached to the product
				  container.
(60) Dusting Aid.
(a) "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.
(b) "Dusting aid" does not include
				  pressurized gas duster.
(61) Electrical Cleaner.
(a) "Electrical cleaner" means a product
				  labeled to remove heavy soils such as grease, grime, or oil from electrical
				  equipment, including electric motors, armatures, relays, electric panels, or
				  generators.
(b) "Electrical
				  cleaner" does not include general purpose cleaner, general purpose degreaser,
				  dusting aid, electronic cleaner, energized electrical cleaner, pressurized gas
				  duster, engine degreaser, anti-static product, or products designed to clean
				  the casings or housings of electrical equipment.
(62) Electronic Cleaner.
(a) "Electronic cleaner" means a product
				  labeled for the removal of dirt, moisture, dust, flux or oxides from the
				  internal components of electronic precision equipment such as circuit boards,
				  and the internal components of electronic devices, including but not limited
				  to, radios, compact disc (CD) players, digital video disc (DVD) players, and
				  computers.
(b) "Electronic cleaner"
				  does not include general purpose cleaner, general purpose degreaser, dusting
				  aid, pressurized gas duster, engine degreaser, electrical cleaner, energized
				  electrical cleaner, anti-static product, or products designed to clean the
				  casings or housings of electronic equipment.
(c) "Electronic cleaner" does not include any
				  product that meets both the following criteria:
(i) The product is designed or labeled to
				  clean or degrease electronic equipment, where cleaning or degreasing is
				  accomplished when electrical current exists, or when there is residual
				  electrical potential from a component; and
(ii) The product label clearly displays the
				  statement: "Energized Electronic Equipment use only."
(63) Energized
				  Electrical Cleaner.
(a) "Energized electrical
				  cleaner" means a product:
(i) That is labeled
				  to clean or degrease electrical equipment, where cleaning or degreasing is
				  accomplished when electrical current exists, or when there is a residual
				  electrical potential from a component, such as a capacitor; and
(ii) Whose label clearly displays the
				  statements: "Energized Electronic Equipment use only. Not to be used for
				  motorized vehicle maintenance, or their parts."
(b) "Energized electrical cleaner" does not
				  include electronic cleaner.
(64) "Enforceable sales" means the total
				  amount of an ACP product, as determined through enforceable sales records
				  expressed to the nearest pound, but excluding product container and packaging
				  sold for use in the State during the applicable compliance period specified in
				  the ACP agreement.
(65) Enforceable
				  Sales Record.
(a) "Enforceable sales record"
				  means a written, point-of-sale record or other Department-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 State during the
				  applicable compliance period can be accurately documented.
(b) "Enforceable sales record" includes:
(i) Accurate records of direct retail or
				  other outlet sales to the end user during the applicable compliance
				  period;
(ii) Accurate compilations,
				  made by independent market surveying services, of direct retail or other outlet
				  sales to the end users for the applicable compliance period if a detailed
				  method to verify data comprising these summaries is submitted by the
				  responsible ACP party and approved by the Department; and
(iii) Other accurate product sales records
				  approved by the Department as meeting the criteria specified in §B(65)(a) of
				  this regulation.
(66) "Engine degreaser" means a cleaning
				  product designed or labeled to remove grease, grime, oil, and other
				  contaminants from the external surfaces of engines and other mechanical parts.
(66-1) "Exempt compound" means any
				  carbon-containing compound listed as an exception to the definition of
				  "Volatile organic compound (VOC)" under COMAR
				  26.11.01.01B.
(66-2) "Extremely Flammable" means
				  a product that is labeled "Extremely Flammable" on the product container or
				  meets the criteria for the term as specified in
				  16 CFR §
												1500.3(c)(6).
(67) Fabric Protectant.
(a) "Fabric protectant" means, for products
				  manufactured before January 1, 2018, a product designed to be applied to fabric
				  substrates to:
(i) Protect the surface from
				  soiling from dirt and other impurities; or
(ii) Reduce absorption of liquid into the
				  fabric's fibers.
(b)
				  "Fabric protectant", for products manufactured before January 1, 2018, does not
				  include waterproofers, or products designed for use solely on leather or on
				  fabrics that are labeled "for dry clean only" and sold in containers of 10
				  fluid ounces or less.
(c) "Fabric
				  protectant" means, for products manufactured on and after January 1, 2018, a
				  product designed or labeled to be applied to fabric substrates to protect the
				  surface from soiling from dirt or other impurities or to reduce absorption of
				  liquid into the fabric's fibers.
(d) "Fabric protectant", for products
				  manufactured on and after January 1, 2018, does not include:
(i) Waterproofers;
(ii) Products labeled for use solely on
				  leather, pigmented products that are designed to be used primarily for
				  coloring;
(iii) Products used for
				  construction, reconstruction, modification, structural maintenance or repair of
				  fabric substrates;or
(iv) Products
				  that renew or restore fabric and qualifying as either clear coating or
				  vinyl/fabric/leather/polycarbonate coating.
(68) Fabric Refresher.
(a) "Fabric refresher" means a product
				  labeled to neutralize or eliminate odors on nonlaundered fabric, including soft
				  household surfaces, rugs, carpeting, draperies, bedding, automotive interiors,
				  footwear, athletic equipment, clothing, or on household furniture or objects
				  upholstered or covered with fabrics such as, but not limited to, wool, cotton,
				  or nylon.
(b) "Fabric refresher"
				  does not include anti-static product, carpet and upholstery cleaner, footwear
				  or leather care product, spot remover, or disinfectant, or products labeled for
				  application to both fabric and human skin.
(69) Facial Cleaner or Soap.
(a) "Facial cleaner or soap" means a cleaner
				  or soap designed primarily to clean the face.
(b) "Facial cleaner or soap" includes facial
				  cleansing creams, semisolids, liquids, lotions, and substrate-impregnated
				  forms.
(c) "Facial cleaner or soap"
				  does not include prescription drug products, antimicrobial hand or body cleaner
				  or soap, astringent/toner, general-use hand or body cleaner or soap, medicated
				  astringent/medicated toner, or rubbing alcohol.
(70) Fatwood.
(a) "Fatwood" means pieces of wood kindling
				  with high, naturally-occurring levels of sap or resin that enhance ignition of
				  the kindling.
(b) "Fatwood" does
				  not include kindling with substances added to enhance flammability, such as
				  wax-covered or wax-impregnated wood-based products.
(70-1) "Flammable" means a product that is
				  labeled "Flammable" on the product container or meets the criteria for the term
				  as specified in 16 CFR §
												1500.3(c)(6).
(71) Flea and Tick Insecticide.
(a) "Flea and tick insecticide" means an
				  insecticide product that is designed for use against fleas, ticks, their
				  larvae, or their eggs.
(b) "Flea
				  and tick insecticide" does not include products that are designed to be used
				  exclusively on humans or animals and their bedding.
(72) "Flexible flooring material" means a
				  product manufactured before January 1, 2018, including asphalt, cork, linoleum,
				  no-wax, rubber, seamless vinyl, and vinyl composite flooring.
(73) "Flexible vinyl adhesive" means an
				  aerosol adhesive designed to bond to substrates a nonrigid polyvinyl chloride
				  plastic with at least 5 percent by weight of plasticizer content.
(74) "Floor and wall covering adhesive
				  remover" means a product designed or labeled to remove floor or wall coverings
				  and associated adhesives from the underlying substrate.
(75) "Floor coating" means a coating that is
				  labeled and designed for application to flooring, including but not limited to,
				  decks, porches, steps, and other horizontal surfaces that may be subject to
				  foot traffic.
(76) Floor Polish or
				  Wax.
(a) "Floor polish or wax" means, for
				  products manufactured before January 1, 2018, a wax, polish, or other product
				  designed or labeled to polish, protect, or enhance floor surfaces by leaving a
				  protective coating that is designed to be periodically replenished.
(b) "Floor polish or wax", for products
				  manufactured before January 1, 2018, does not include spray buff products,
				  products designed or labeled solely for the purpose of cleaning floors, floor
				  finish strippers, products designed for unfinished wood floors, or coatings
				  subject to architectural coatings regulations.
(c) "Floor polish or wax" means, for products
				  manufactured on or after January 1, 2018, a product designed or labeled to
				  polish, wax, condition, protect, temporarily seal, or otherwise enhance floor
				  surfaces by leaving a protective finish that is designed or labeled to be
				  periodically replenished.
(d)
				  "Floor polish or wax", for products manufactured on or after January 1, 2018,
				  is divided into the following three categories:
(i) Products for resilient flooring
				  materials;
(ii) Products for
				  nonresilient flooring materials; and
(iii) Wood floor wax.
(e) "Floor polish or wax", for products
				  manufactured on or after January 1, 2018, does not include spray buff products,
				  floor wax strippers, products designed or labeled for unfinished wood floors,
				  or architectural and industrial maintenance coatings subject to COMAR
				  26.11.39.
(77) "Floor
				  seam sealer" means a product designed and labeled exclusively for bonding,
				  fusing, or sealing seams between adjoining rolls of installed flexible sheet
				  flooring.
(78) Floor Wax Stripper.
(a) "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.
(b) "Floor wax
				  stripper" does not include aerosol floor wax strippers or products designed to
				  remove floor wax solely through abrasion.
(79) Flying Bug Insecticide.
(a) "Flying bug insecticide" means an
				  insecticide product that is designed for use against flying insects or other
				  flying arthropods, such as flies, mosquitoes, moths, or gnats.
(b) "Flying bug insecticide" does not
				  include:
(i) Wasp and hornet
				  insecticide;
(ii) A product
				  designed to be used exclusively on humans or animals; or
(iii) A product whose label, packaging, or
				  accompanying literature indicates that the product is designed to protect
				  fabrics from damage by moths but not from flying insects or other flying
				  arthropods.
(80) Footwear or Leather Care Product.
(a) "Footwear or leather care product" means
				  any product designed or labeled to be applied to footwear or to other leather
				  articles and components, to maintain, enhance, clean, protect, or modify the
				  appearance, durability, or fit including both leather and nonleather foot
				  apparel.
(b) "Footwear or leather
				  care product" does not include fabric protectant, general purpose adhesive,
				  contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl
				  protectant, fabric refresher, products solely for deodorizing, or sealant
				  products with adhesive properties used to create external protective layers
				  greater than 2 millimeters thick.
(81) "Fragrance" means a substance or complex
				  mixture of aroma chemicals, natural essential oils, and other functional
				  components with a combined vapor pressure not in excess of 2 mm of Hg at 20°C,
				  intended solely to impart an odor or scent or counteract a malodor.
(82) Furniture Maintenance Product.
(a) "Furniture maintenance product" means a
				  wax, polish, conditioner, or other product designed or labeled for the purpose
				  of polishing, protecting, or enhancing finished wood surfaces other than
				  floors, and other furniture surfaces, including acrylics, ceramic, plastics,
				  stone surfaces, metal surfaces, and fiberglass.
(b) "Furniture maintenance product" does not
				  include dusting aids, wood cleaners, and products designed solely for the
				  purpose of cleaning, or products designed to leave a permanent finish such as
				  stains, sanding sealers, and lacquers.
(83) "Furniture coating" means a paint
				  designed for application to room furnishings including cabinets, tables,
				  chairs, beds, and sofas.
(84)
				  Gasket or Thread Locking Adhesive Remover.
(a)
				  "Gasket or thread locking adhesive remover" means a product designed or labeled
				  to remove gaskets or thread locking adhesives.
(b) "Gasket or thread locking adhesive
				  remover" includes a product labeled for dual use as:
(i) A paint stripper and gasket remover;
				  or
(ii) A paint stripper and thread
				  locking adhesive remover.
(85) "Gel" means a colloid in which the
				  disperse phase has combined with the continuous phase to produce a semisolid
				  material, such as jelly.
(86)
				  General Purpose Adhesive.
(a) "General purpose
				  adhesive" means a nonaerosol adhesive designed for use on a variety of
				  substrates.
(b) "General purpose
				  adhesive" does not include the following:
(i)
				  Contact adhesives;
(ii)
				  Construction, panel, and floor covering adhesives;
(iii) Adhesives designed exclusively for
				  application on one specific category of substrates (that is, substrates that
				  are composed of similar materials, such as different types of metals, paper
				  products, ceramics, plastics, rubbers, or vinyls); or
(iv) Adhesives designed exclusively for use
				  on one specific functional category of articles (that is, articles that may be
				  composed of different materials but perform a specific function, such as
				  gaskets, automotive trim, weather-stripping, or carpets).
(87) General Purpose Adhesive
				  Remover.
(a) "General purpose adhesive
				  remover" means a product designed or labeled to remove cyanoacrylate adhesives
				  as well as nonreactive adhesives or residue from a variety of
				  substrates.
(b) "General purpose
				  adhesive remover" includes a product that removes:
(i) Thermoplastic adhesives;
(ii) Pressure sensitive adhesives;
(iii) Dextrine or starch-based
				  adhesives;
(iv) Casein
				  glues;
(v) Rubber or latex-based
				  adhesives; or
(vi) Products that
				  remove stickers, decals, stencils, or similar materials.
(c) "General purpose adhesive remover" does
				  not include floor or wall covering adhesive remover.
(88) General Purpose Cleaner.
(a) "General purpose cleaner" means a product
				  designed or labeled to clean a variety of hard surfaces, including small
				  appliances.
(b) "General purpose
				  cleaner" includes:
(i) Products designed or
				  labeled for general floor cleaning, kitchen, countertop, or sink cleaning;
				  and
(ii) Cleaners designed or
				  labeled to be used on a variety of hard surfaces such as stovetops, cooktops,
				  or microwaves.
(89) General Purpose Degreaser.
(a) "General purpose degreaser" means a
				  product labeled to remove or dissolve grease, grime, oil, and other oil-based
				  contaminants from a variety of substrates, including automotive or
				  miscellaneous metallic parts.
(b)
				  "General purpose degreaser" does not include:
(i) Engine degreaser, general purpose
				  cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized
				  electrical cleaner, metal polish or cleanser, or oven or grill
				  cleaner;
(ii) Products used
				  exclusively in solvent cleaning tanks or related equipment, including, cold
				  cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or
				  products designed to clean miscellaneous metallic parts by immersion in a
				  container;
(iii) Products
				  exclusively sold directly or through distributors to establishments that
				  manufacture or construct goods or commodities; or
(iv) Products labeled exclusively for "use in
				  the manufacturing process only".
(90) General-Use Hand or Body Cleaner or
				  Soap.
(a) "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.
(b) "General-use hand or body cleaner or
				  soap" includes hand or body washes, dual-purpose shampoo body cleaners, shower
				  or bath gels, and moisturizing cleaners or soaps.
(c) "General-use hand or body cleaner or
				  soap" does not include prescription drug products, antimicrobial hand or body
				  cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing
				  detergent (including antimicrobial), heavy-duty hand cleaner or soap, medicated
				  astringent/medicated toner, or rubbing alcohol.
(91) Glass Cleaner.
(a) "Glass cleaner" means a cleaning product
				  designed primarily for cleaning surfaces made of glass.
(b) "Glass cleaner" does not include products
				  designed solely for the purpose of cleaning optical materials used in
				  eyeglasses, photographic equipment, scientific equipment, or photocopying
				  machines.
(92) Graffiti
				  Remover.
(a) "Graffiti remover" means a
				  product labeled to remove spray paint, ink, marker, crayon, lipstick, nail
				  polish, or shoe polish, from a variety of noncloth or nonfabric
				  substrates.
(b) "Graffiti remover"
				  includes products labeled for dual use as both a paint stripper and graffiti
				  remover.
(c) "Graffiti remover"
				  does not include paint remover or stripper, nail polish remover, or spot
				  remover.
(93) "Gross
				  State sales" means the estimated total State sales, expressed to the nearest
				  pound, of an ACP product during a specific compliance period based on either of
				  the following methods the responsible ACP party demonstrates to the
				  satisfaction of the Department provides an accurate State sales estimate:
(a) Apportionment of national or regional
				  sales of the ACP product to State 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 State's current
				  population; or
(b) Another
				  documented method that provides an accurate estimate of the total current State
				  sales of the ACP product.
(94) "Hair mousse" means a hairstyling foam
				  designed to facilitate styling of a coiffure and provide limited holding
				  power.
(95) Hair Shine.
(a) "Hair shine" means a product designed for
				  the primary purpose of creating a shine when applied to the hair.
(b) "Hair shine" includes dual-use products
				  designed primarily to impart a sheen to the hair.
(c) "Hair shine" does not include hair spray,
				  hair mousse, hair styling product, hair styling gel, or products of which the
				  primary purpose is to condition or hold the hair.
(96) Hair Spray.
(a) "Hair spray", for products manufactured
				  before January 1, 2009, means a consumer product designed primarily for
				  dispensing droplets of a resin on and into a hair coiffure to impart sufficient
				  rigidity to the coiffure to establish or retain the style for a period of time;
				  and
(b) "Hair spray", for products
				  manufactured on or after January 1, 2009, means a consumer product that is
				  applied to styled hair, and is designed or labeled to provide sufficient
				  rigidity, to hold, retain, or finish the style of the hair for a period of time
				  and includes aerosol hair sprays, pump hair sprays, spray waxes, color,
				  glitter, or sparkle hair sprays that make finishing claims and products that
				  are both a styling and finishing product.
(c) "Hair spray" does not include spray
				  products that are intended to aid in styling but do not provide finishing of a
				  hairstyle.
(d) For the purposes of
				  this definition:
(i) "Finish" or "finishing"
				  means the maintaining and holding of previously styled hair for a period of
				  time; and
(ii) "Styling" means the
				  forming, sculpting, or manipulating the hair to temporarily alter the hair's
				  shape.
(97)
				  Repealed.
(98) Hair Styling
				  Product.
(a) "Hair styling product" means a
				  consumer product manufactured on or after January 1, 2009 that is designed or
				  labeled for the application to wet, damp, or dry hair to aid in defining,
				  shaping, lifting, styling, and sculpting of the hair.
(b) "Hair styling product" includes, but is
				  not limited to, hair balm, clay, cream, creme, curl straightener, gel, liquid,
				  lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary
				  hair straightener, wax, spray products that aid in styling but do not provide
				  finishing of a hairstyle, and leave-in volumizers, detanglers, and conditioners
				  that make styling claims.
(c) "Hair
				  styling product" does not include hair mousse, hair shine, hair spray, or
				  shampoos and conditioners that are rinsed from the hair prior to
				  styling.
(d) For the purposes of
				  this definition:
(i) "Finish" or "finishing"
				  means the maintaining and holding of previously styled hair for a period of
				  time; and
(ii) "Styling" means
				  forming, sculpting, or manipulating the hair to temporarily alter the hair's
				  shape.
(99)
				  Heavy-Duty Hand Cleaner or Soap.
(a)
				  "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.
(b) "Heavy-duty hand cleaner or soap" does
				  not include prescription drug products, antimicrobial hand or body cleaner or
				  soap, astringent/toner, facial cleaner or soap, general-use hand or body
				  cleaner or soap, medicated astringent/medicated toner, or rubbing
				  alcohol.
(100)
				  Herbicide.
(a) "Herbicide" means a pesticide
				  product designed to kill or retard a plant's growth.
(b) "Herbicide" does not include products
				  that are for agricultural use, or restricted materials that require a permit
				  for use and possession.
(101) "High pressure laminate" means sheet
				  materials which consist of paper, fabric, or other core material that have been
				  laminated at temperatures exceeding 265°F, and at pressures between 1,000 and
				  1,400 pounds per square inch.
(101-1) "High-temperature coating" means a
				  high performance coating labeled and formulated for application to substrates
				  exposed continuously or intermittently to temperatures above 204 degrees C (400
				  degrees F).
(102) "High volatility
				  organic compound" means a volatile organic compound that exerts a vapor
				  pressure greater than 80 millimeters of mercury when measured at
				  20°C.
(103) "House dust mite" means
				  a mite that feeds 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.
(104) "Household
				  product" means a consumer product that is primarily designed to be used inside
				  or outside of living quarters or residences, including the immediate
				  surroundings that are occupied or intended for occupation by
				  individuals.
(105) "HVOC" means a
				  high volatility organic compound, as defined in this chapter.
(105-1) Industrial Maintenance Coating.
(a) "Industrial maintenance coating" means a
				  high performance architectural coating formulated for application to substrates
				  exposed to one or more of the following extreme environmental conditions:
(i) Immersion in water, wastewater, chemical
				  solutions (aqueous and non-aqueous solutions), or chronic exposures of interior
				  surfaces to moisture condensation;
(ii) Acute or chronic exposure to corrosive,
				  caustic, or acidic agents, or to chemicals, chemical fumes, or chemical
				  mixtures or solutions;
(iii)
				  Frequent exposure to temperatures above 121°C (250°F);
(iv) Frequent and heavy abrasion, including
				  mechanical wear and scrubbing with industrial solvents, cleansers, or scouring
				  agents; or
(v) Exterior exposure of
				  metal structures and structural components.
(b) "Industrial maintenance coating" includes
				  primers, sealers, undercoaters, intermediate coats, and
				  topcoats.
(106)
				  Insecticide.
(a) "Insecticide" means a
				  pesticide product that is designed for use against insects or other
				  arthropods.
(b) "Insecticide" does
				  not include:
(i) Products for agricultural
				  use;
(ii) Products for a use which
				  requires a structural pest control license under applicable State laws or
				  regulations; or
(iii) Restricted
				  materials that require a permit for use and possession.
(107) "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.
(108) Institutional Product.
(a) "Institutional product" means a consumer
				  product that is designed for use in the maintenance or operation of an
				  establishment that:
(i) Manufactures,
				  transports, or sells goods or commodities, or provides services for profit;
				  and
(ii) Is engaged in the
				  nonprofit promotion of a particular public, educational, or charitable
				  cause.
(b)
				  "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, which includes
				  government agencies, factories, schools, hospitals, sanitariums, prisons,
				  restaurants, hotels, stores, automobile service and parts centers, health
				  clubs, theaters, and transportation companies.
(109) "Institutional use" means use within
				  the lines of or on property necessary for the operation of buildings such as
				  hospitals, schools, libraries, auditoriums, and office complexes.
(110) "Label" means a 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 about the
				  product or the contents of the package.
(111) "Laminate repair or edgebanding
				  adhesive" means an aerosol adhesive designed for:
(a) The touch-up or repair of items laminated
				  with high pressure laminates such as lifted edges or delaminates; or
(b) The touch-up, repair, or attachment of
				  edgebanding materials, including other laminates, synthetic marble, veneers,
				  wood molding, and decorative metals.
(112) "Laundry prewash" means a product that:
(a) Is designed for application to a fabric
				  before laundering; and
(b)
				  Supplements and contributes to the effectiveness of laundry
				  detergents.
(113)
				  Laundry Starch/Sizing/Fabric Finish Product.
(a) "Laundry starch/sizing/fabric finish
				  product" means a product that is designed or labeled for application to a
				  fabric, either during or after laundering, to impart and prolong a crisp, fresh
				  look.
(b) "Laundry
				  starch/sizing/fabric finish product" includes, fabric finish, sizing, and
				  starch.
(114) "Lawn and
				  garden insecticide" means an insecticide product labeled primarily to be used
				  in household lawn and garden areas to protect plants from insects or other
				  arthropods.
(115) Liquid.
(a) "Liquid" means a substance or mixture of
				  substances that is capable of a visually detectable flow as determined under
				  ASTM D4359-90 (Reapproved 2012).
(b) "Liquid" does not include powders or
				  other materials composed entirely of solid particles.
(116) Lubricant.
(a) "Lubricant" means a product designed to
				  reduce friction, heat, noise, or wear between moving parts, or to loosen rusted
				  or immovable parts or mechanisms.
(b) "Lubricant" does not include:
(i) Automotive power steering
				  fluids;
(ii) Products for use
				  inside power generating motors, engines, and turbines and their associated
				  power-transfer gearboxes;
(iii)
				  Two-cycle oils or other products designed to be added to fuels;
(iv) Products for use on the human body or
				  animals;
(v) Products that are
				  exclusively sold directly by or through distributors to establishments that
				  manufacture or construct goods or commodities; or
(vi) Products that are labeled exclusively
				  for "use in the manufacturing process only".
(117) "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 tenth of a percent.
(118) "Low Vapor Pressure-VOC" means:
(a) A chemical compound or mixture that
				  contains at least one carbon atom with a vapor pressure less than 0.1
				  millimeters of mercury at 20°C, as determined by CARB Method 310;
(b) A chemical compound with more than 12
				  carbon atoms or a chemical mixture comprised solely of compounds with more than
				  12 carbon atoms as verified by formulation data, and with unknown vapor
				  pressure and boiling point;
(c) A
				  chemical compound that contains at least one carbon atom with a boiling point
				  greater than 216°C, as determined by CARB Method 310; or
(d) A weight percent of a chemical mixture
				  that contains at least one carbon atom and that boils above 216°C, as
				  determined by CARB Method 310.
(119) "Manufacturer" means a person who
				  imports, manufactures, assembles, produces, packages, repackages, or relabels a
				  consumer product.
(120) Medicated
				  Astringent/Medicated Toner.
(a) "Medicated
				  astringent/medicated toner" means a product regulated as a drug by the U.S.
				  Food and Drug Administration (FDA) that is applied to the skin for the purpose
				  of cleaning or tightening pores.
(b) "Medicated astringent/medicated toner"
				  includes clarifiers and substrate-impregnated products.
(c) "Medicated astringent/medicated toner"
				  does not include: hand, face, or body cleaner or soap products, personal
				  fragrance products, astringent/toner, cold creams, lotions, antiperspirants, or
				  products that must be purchased with a doctor's prescription.
(121) "Medium volatility organic
				  compound (MVOC)" means a volatile organic compound that exerts a vapor pressure
				  greater than 2 millimeters of mercury, and less than or equal to 80 millimeters
				  of mercury, when measured at 20°C.
(122) Metal Polish or Cleanser.
(a) "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, for the
				  purpose of removing or reducing stains, impurities, or oxidation from surfaces
				  or making surfaces smooth and shiny.
(b) "Metal polish or cleanser" includes metal
				  polishes used on brass, silver, chrome, copper, stainless steel, and other
				  ornamental metals.
(c) "Metal
				  polish or cleanser" does not include:
(i)
				  Automotive wax, polish, sealant or glaze;
(ii) Wheel cleaner;
(iii) Paint remover or stripper;
(iv) Products designed and labeled
				  exclusively for automotive and marine detailing; or
(v) Products designed for use in degreasing
				  tanks.
(123)
				  "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 Department, as specified in the ACP
				  agreement.
(124) Mist Spray
				  Adhesive.
(a) "Mist spray adhesive" means an
				  aerosol that delivers a particle or mist spray, resulting in the formation of
				  fine, discrete particles that yield a generally uniform and smooth application
				  of adhesive to the substrate.
(b)
				  "Mist spray adhesive" does not include a special purpose spray
				  adhesive.
(125)
				  "Mounting adhesive" means an aerosol adhesive designed to permanently mount
				  photographs, artwork, or other drawn or printed medium onto a backing (paper,
				  board, cloth, or similar items) without causing discoloration to the
				  medium.
(126) "Multi-purpose dry
				  lubricant" means a lubricant that is:
(a)
				  Designed and labeled to provide lubricity by depositing a thin film of
				  graphite, molybdenum disulfide (moly), polytetrafluoroethylene, or closely
				  related fluoropolymer (teflon) on surfaces; and
(b) Designed for general purpose lubrication,
				  or for use in a wide variety of applications.
(127) Multi-Purpose Lubricant.
(a) "Multi-purpose lubricant" means a
				  lubricant designed for general purpose lubrication, or for use in a wide
				  variety of applications.
(b)
				  "Multi-purpose lubricant" does not include multi-purpose dry lubricants,
				  penetrants, or silicone-based multi-purpose lubricants.
(128) Multi-Purpose Solvent.
(a) "Multi-purpose solvent" means, for
				  products manufactured before January 1, 2018, an organic liquid designed or
				  labeled 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.
(b)
				  "Multi-purpose solvent", for products manufactured before January 1, 2018,
				  includes solvents used in institutional facilities, except for laboratory
				  reagents used in analytical, educational, research, scientific, or other
				  laboratories.
(c) "Multi-purpose
				  solvent", for products manufactured before January 1, 2018, does not include
				  solvents:
(i) Used in cold cleaners, vapor
				  degreasers, conveyorized degreasers, or film cleaning machines; or
(ii) That are incorporated into, or used
				  exclusively in the manufacture or construction of, the goods or commodities at
				  the site of the establishment.
(d) "Multi-purpose solvent" means, for
				  products manufactured on or after January 1, 2018, any liquid product designed
				  or labeled to be used for thinning, dispersing or dissolving or removing
				  contaminants or other organic materials.
(e) "Multi-purpose solvent", for products
				  manufactured on or after January 1, 2018, includes:
(i) Products that do not display specific use
				  instructions on the product container or packaging;
(ii) Products that do not specify an end-use
				  function or application on the product container or packaging;
(iii) Solvents used in institutional
				  facilities, except for laboratory reagents used in analytical, educational,
				  research, scientific or other laboratories;
(iv) Paint clean-up products; and
(v) Products designed or labeled to prepare
				  surfaces for painting.
(f) "Multi-purpose solvent", for products
				  manufactured on or after January 1, 2018, does not include:
(i) Solvents used in cold cleaners, vapor
				  degreasers, conveyorized degreasers or film cleaning machines;
(ii) Solvents designed or labeled exclusively
				  for the clean-up of application equipment used for polyaspartic and polyurea
				  coatings;
(iii) Solvents that are
				  incorporated into, or used exclusively in the manufacture or construction of,
				  the goods or commodities at the site of the establishment; or
(iv) Products that are designed or labeled
				  exclusively to clean a specific contaminant on a single substrate in specific
				  situations.
(129) "MVOC" means a medium volatility
				  organic compound, as defined in this section.
(130) "Nail polish" means a clear or colored
				  coating such as lacquers, enamels, acrylics, base coats, and top coats designed
				  for application to the fingernails or toenails.
(131) "Nail polish remover" means a product
				  designed to remove nail polish and coatings from fingernails or
				  toenails.
(132) "Non-Aerosol
				  product" means a consumer product that is not dispensed by a pressurized spray
				  system.
(133) "Noncarbon containing
				  compound" means a compound that does not contain carbon atoms.
(134) Nonresilient Flooring
(a) "Nonresilient flooring" means a flooring
				  product manufactured before January 1, 2018 of a mineral content that is not
				  flexible.
(b) "Nonresilient
				  flooring" includes terrazzo, marble, slate, granite, brick, stone, ceramic
				  tile, and concrete.
(135) "Nonselective terrestrial herbicide"
				  means a terrestrial herbicide product that is toxic to plants without regard to
				  species.
(135-1) Odor
				  Remover/Eliminator.
(a) "Odor
				  remover/eliminator" means a product that is designed or labeled to be applied
				  exclusively to hard surfaces to inhibit the ability of soils to create
				  malodors, or functions to entrap, encapsulate, neutralize, convert or eliminate
				  malodor molecules.
(b) "Odor
				  remover/eliminator" does not include:
(i)
				  Products designed or labeled for use in cleaning soils from hard surfaces,
				  laundering, softening, de-wrinkling or cleaning fabrics, or dishwashing;
				  or
(ii) Products designed or
				  labeled as air freshener, bathroom and tile cleaner, carpet/upholstery cleaner,
				  disinfectant, fabric refresher, general purpose cleaner, sanitizer, or
				  toilet/urinal care product.
(136) "One-product business" means a
				  responsible ACP party that sells, supplies, offers for sale, or manufactures
				  for use in the State only one distinct:
(a)
				  ACP product that is sold under one product brand name and subject to the
				  requirements of Regulations .04 -.10 of this chapter; or
(b) ACP product line subject to the
				  requirements of Regulations .04-.10 of this chapter, in which all the ACP
				  products belong to the same product category or categories and the VOC contents
				  in the products are within 98 percent and 102 percent of the arithmetic mean of
				  the VOC contents over the entire product line.
(137) Oven or Grill Cleaner.
(a) "Oven or grill cleaner" means a product
				  designed or labeled exclusively to clean and to remove baked on greases or
				  deposits from food preparation surfaces or food cooking surfaces.
(b) "Oven or grill cleaner" does not include
				  a product where representation is made on the product's label or packaging that
				  the product is suitable for cleaning or degreasing other hard
				  surfaces.
(138) "Paint"
				  means a pigmented liquid, liquefiable, or mastic composition designed for
				  application to a substrate in a thin layer which is:
(a) Converted to an opaque solid film after
				  application; and
(b) 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.
(138-1) "Paint clean-up product" means any
				  liquid product designed or labeled for cleaning oil-based or water-based paint,
				  lacquer, varnish, or related coatings from items not intended to be painted,
				  including painting equipment, tools, plastics, and metals.
(139) Paint Remover or Stripper.
(a) "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.
(b) "Paint remover or
				  stripper" does not include multi-purpose solvents, paintbrush cleaners,
				  products designed and labeled as graffiti removers, or hand cleaner products
				  that claim to remove paints and other related coatings from skin.
(139-1) Paint Thinner.
(a) "Paint thinner" means any liquid product
				  used for reducing the viscosity of coating compositions or components, that is
				  manufactured on or after January 1, 2018, and that prominently displays the
				  term "Paint Thinner", "Lacquer Thinner", "Thinner", or "Reducer" on the front
				  panel of its packaging.
(b) Paint
				  thinner does not include:
(i) Products that
				  are sold in containers with a capacity of 5 gallons or more and labeled
				  exclusively for the thinning of industrial maintenance coatings, zinc-rich
				  primers, or high-temperature coatings;
(ii) Products where the principal display
				  panel of the product displays, in a font size as large or larger than the font
				  size of all other words on the principal display panel (not including the font
				  size used for the company name, brand name, or logo), language that the product
				  is used exclusively for the thinning of industrial maintenance coatings,
				  zinc-rich primers, or high-temperature coatings;
(iii) Products where no representation is
				  made on the product container or packaging, or any attached label or sticker
				  that the product is suitable for use or may be used for any other purpose
				  except the thinning of industrial maintenance coatings, zinc-rich primers, or
				  high-temperature coatings; or
(iv)
				  Products that are labeled and used exclusively as an ingredient in a specific
				  coating or coating brand line, where the coating would not be complete or
				  useable without the specific ingredient.
(140) Penetrant.
(a) "Penetrant" means a lubricant designed
				  and labeled primarily to loosen metal parts that have bonded together due to
				  rusting, oxidation, or other causes.
(b) "Penetrant" does not include
				  multi-purpose lubricants that claim to have penetrating qualities but are not
				  labeled primarily to loosen bonded parts.
(141) Personal Fragrance Product.
(a) "Personal fragrance product" means any
				  product which is applied to the human body or clothing for the primary purpose
				  of adding a scent or masking a malodor, including cologne, perfume, aftershave,
				  and toilet water.
(b) "Personal
				  fragrance product" does not include:
(i)
				  Deodorant;
(ii) Medicated products
				  designed primarily to alleviate fungal or bacterial growth on feet or other
				  areas of the body;
(iii)
				  Mouthwashes, breath fresheners, and deodorizers;
(iv) Lotions, moisturizers, powders, or other
				  skin care products used primarily to alleviate skin conditions such as dryness
				  and irritations;
(v) Products
				  designed exclusively for use on human genitalia;
(vi) Soaps, shampoos, and products primarily
				  used to clean the human body; and
(vii) Fragrance products designed to be used
				  exclusively on nonhuman animals.
(142) Pesticide.
(a) "Pesticide" means a substance or mixture
				  of substances labeled, designed, or intended for use:
(i) In preventing, destroying, repelling, or
				  mitigating pests; or
(ii) As a
				  defoliant, desiccant, or plant regulator.
(b) "Pesticide" does not include a substance,
				  mixture of substances, or device that the U.S. Environmental Protection Agency
				  does not consider a pesticide.
(143) "Plasticizer" means a material, such as
				  a high boiling point organic solvent, that:
(a) Is incorporated into a plastic to
				  increase its flexibility, workability, or distensibility; and
(b) May be determined using ASTM Method
				  E260-96 (ReapproveD 2011) or from product formulation data.
(144) "Polyolefin adhesive" means
				  an aerosol adhesive designed to bond polyolefins to substrates.
(145) "Polystyrene foam adhesive" means an
				  aerosol adhesive designed to bond polystyrene foam to substrates.
(146) "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 Department, based on
				  either the data on the product obtained from the March 12, 1991, CARB Consumer
				  Products Survey, or other accurate records available to the Department,
				  whichever yields the lowest VOC content for the product.
(147) Pressurized Gas Duster.
(a) "Pressurized gas duster" means a
				  pressurized product labeled to remove dust from a surface solely by means of
				  mass air or gas flow, including surfaces such as photographs, photographic film
				  negatives, computer keyboards, and other types of surfaces that cannot be
				  cleaned with solvents.
(b)
				  "Pressurized gas duster" does not include dusting aid.
(148) "Principal display panel or panels"
				  means that part, or those parts of a label that are so designed as to most
				  likely be displayed, presented, shown, or examined under normal and customary
				  conditions of display or purchase.
(149) "Product brand name" means the name of
				  the product exactly as it appears on the principal display panel of the
				  product.
(150) "Product category"
				  means the applicable category that best describes the product as listed in
				  Regulations .03 and .04B of this chapter.
(151) "Product form" means the applicable
				  form that most accurately describes the product's dispensing form, such as
				  aerosol product, solid, pump spray, liquid, or gel as follows:
(a) A = Aerosol Product:
(i) S = Solid;
(ii) P = Pump Spray;
(iii) L = Liquid; and
(iv) SS = Semisolid; and
(b) O = Other.
(152) "Product line" means a group of
				  products of identical form and function belonging to the same product category
				  or categories.
(153) "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.
(154) "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.
(155) "Reconcile or reconciliation" means to
				  provide sufficient VOC emission reductions to completely offset shortfalls
				  generated under the ACP during an applicable compliance period.
(156) "Reconciliation of shortfalls plan"
				  means the plan to be implemented by the responsible ACP party when shortfalls
				  have occurred, as approved by the Department under Regulation .23 of this
				  chapter.
(157) "Removable caulking
				  compound" means a compound that temporarily seals windows or doors for 3 to 6
				  month time intervals.
(157-1)
				  "Resilient flooring material" means flexible flooring material, including
				  asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite
				  flooring.
(158) "Responsible party"
				  means:
(a) The company, firm, or
				  establishment that is listed on the product's label; or
(b) If the label lists two companies, the
				  firms or establishments which the product was "manufactured for" or
				  "distributed by", as noted on the label.
(159) "Responsible ACP party" means:
(a) The company, firm, or establishment
				  listed on the ACP product's label; or
(b) If the label lists two or more companies,
				  firms, or establishments, the party which the ACP product was "manufactured
				  for" or "distributed by", as noted on the label.
(160) "Restricted materials" means pesticides
				  established as restricted use pesticides as classified by Agriculture Article,
				  Title 5, Annotated Code of Maryland, the federal government, or the Maryland
				  Secretary of Agriculture.
(161)
				  "Retailer" means a person who sells, supplies, or offers consumer products for
				  sale directly to consumers.
(162)
				  "Retail outlet" means an establishment at which consumer products are sold,
				  supplied, or offered for sale directly to consumers.
(163) "Roll-on product" means an
				  antiperspirant or deodorant that dispenses active ingredients by rolling a
				  wetted ball or wetted cylinder on the affected area.
(164) Rubber/Vinyl Protectant.
(a) "Rubber/vinyl protectant" means, for
				  products manufactured before January 1, 2018, a product designed or labeled to
				  protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires,
				  luggage, furniture, or household products such as vinyl covers, clothing, and
				  accessories.
(b) "Rubber/vinyl
				  protectant", for products manufactured before January 1, 2018, does not include
				  products primarily designed or labeled to clean the wheel rim, such as aluminum
				  or magnesium wheel cleaners, or tire cleaners that do not leave an
				  appearance-enhancing or protective substance on the tire.
(c) "Rubber/vinyl protectant" means, for
				  products manufactured on or after January 1, 2018, any product designed or
				  labeled to protect, preserve, or renew vinyl or rubber on vehicles, tires,
				  luggage, furniture, or household products such as vinyl covers, clothing, or
				  accessories.
(d) "Rubber/vinyl
				  protectant", for products manufactured on or after January 1, 2018, does not
				  include:
(i) Products designed or labeled to
				  clean the wheel rim, such as aluminum or magnesium wheel cleaners;
(ii) Products designed or labeled as tire
				  cleaners that do not leave an appearance-enhancing or protective substance on
				  the tire;
(iii) Pigmented products
				  designed or labeled to be used primarily for coloring;
(iv) Products used for construction,
				  reconstruction, modification, structural maintenance or repair of rubber or
				  vinyl substrates; or
(v) Products
				  not designed or labeled to be used on vehicle tires, qualifying as either clear
				  coating or vinyl coating or fabric coating or leather coating or polycarbonate
				  coating.
(165) "Rubbing alcohol" means a product
				  containing isopropyl alcohol or denatured ethanol and labeled for topical use:
(a) To decrease germs in minor cuts and
				  scrapes;
(b) To relieve minor
				  muscle aches, as a rubefacient; and
(c) For massage.
(165-1) Sanitizer.
(a) "Sanitizer" means a product manufactured
				  on and after January 1, 2018 that is labeled as a "sanitizer," or that is
				  labeled to reduce, but not necessarily eliminate, microorganisms in the air, on
				  surfaces, or on inanimate objects, and whose label is registered as a
				  "sanitizer" under the Federal Insecticide, Fungicide, and Rodenticide Act
				  (FIFRA), 7 U.S.C. §
													136 et seq.
(b) "Sanitizer' does not include:
(i) Disinfectants;
(ii) Products designed or labeled as both a
				  "sanitizer" and a "disinfectant";
(iii) Products designed or labeled solely for
				  use on humans or animals;
(iv)
				  Products designed or labeled solely for agricultural use;
(v) Products designed or labeled for use in
				  swimming pools, therapeutic tubs, or hot tubs;
(vi) Products designed or labeled to be used
				  on heat sensitive critical or semi-critical medical devices or medical
				  equipment surfaces;
(vii) Products
				  that are pre-moistened wipes or towelettes sold exclusively to medical,
				  convalescent or veterinary establishments;
(viii) Products designed or labeled to be
				  applied to food-contact surfaces and are not required to be rinsed prior to
				  contact with food; or
(ix) Products
				  designed or labeled as bathroom and tile cleaners; glass cleaners; general
				  purpose cleaners; toilet/urinal care products; metal polish; carpet and
				  upholstery cleaners; or fabric refreshers that may also make sanitizing or
				  anti-microbial claims on the product's label.
(166) Sealant and Caulking Compound.
(a) "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.
(b) "Sealant and caulking compound" does not
				  include roof cements and roof sealants, insulating foams, removable caulking
				  compounds, clear, paintable, water resistant caulking compounds, floor seam
				  sealers, products designed exclusively for automotive uses, or sealers that are
				  applied as continuous coatings.
(167) "Semisolid" means a product that at
				  room temperature will not pour but will spread or deform easily, such as gels,
				  pastes, and greases.
(168) Shaving
				  Cream.
(a) "Shaving cream" means an aerosol
				  product that dispenses 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.
(b) "Shaving cream"
				  does not include shaving gel.
(169) Shaving Gel.
(a) "Shaving gel" means an aerosol product,
				  which dispenses a post-foaming semisolid designed for use with a blade,
				  cartridge razor, or other shaving system in the removal of facial or other
				  bodily hair.
(b) "Shaving gel" does
				  not include shaving cream.
(170) Shortfall.
(a) "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.
(b) "Shortfall" does not include emissions
				  occurring before the date that the ACP agreement is signed by the
				  Department.
(171)
				  Silicone-Based Multi-Purpose Lubricant.
(a)
				  "Silicone-based multi-purpose lubricant" means a lubricant which is designed
				  and labeled:
(i) To provide lubricity
				  primarily through the use of silicone compounds such as polydimethylsiloxane;
				  and
(ii) For general purpose
				  lubrication, or for use in a wide variety of applications.
(b) "Silicone-based multi-purpose lubricant"
				  does not include products designed and labeled exclusively to release
				  manufactured products from molds.
(172) "Single phase aerosol air freshener"
				  means an aerosol air freshener with its liquid contents in a single homogeneous
				  phase and does not require that the product container be shaken before
				  use.
(173) "Solid" means a
				  substance or mixture of substances that, either whole or subdivided (such as
				  the particles comprising a powder), is not capable of visually detectable flow
				  as determined under ASTM D4359-90 (Reapproved 2012).
(174) "Special purpose spray adhesive" means
				  one or more of the following aerosol adhesives:
(a) Mounting adhesive;
(b) Flexible vinyl adhesive;
(c) Polystyrene foam adhesive;
(d) Automobile headliner adhesive;
(e) Polyolefin adhesive;
(f) Laminate repair or edgebanding adhesive;
				  or
(g) Automotive engine
				  compartment adhesive.
(175) Specialty Adhesive Remover.
(a) "Specialty adhesive remover" means a
				  product designed to remove from a variety of substrates reactive adhesives
				  including epoxies, urethanes, and silicones that require a hardener or catalyst
				  in order for the bond to occur.
(b)
				  "Specialty adhesive remover" does not include gasket or thread locking adhesive
				  remover.
(176) Spot
				  Remover.
(a) "Spot remover" means a product
				  labeled to clean localized areas or remove localized spots or stains on cloth
				  or fabric, such as drapes and clothing, that does not require subsequent
				  laundering to achieve stain removal.
(b) "Spot remover" does not include dry
				  cleaning fluid, laundry prewash, or multi-purpose solvent.
(177) "Spray buff product" means a product
				  designed to restore a worn floor finish with a floor buffing machine and
				  special pad.
(178) "State sales"
				  means the sales in the State, if available, or sales estimated by incorporating
				  national or regional sales data by population, expressed as net pounds of
				  product, less packaging and container:
(a) For
				  the calendar year immediately before the year that the registration is due;
				  or
(b) If the data in §B(178)(a) of
				  this regulation is not available, for a consecutive 12-month period beginning
				  not earlier than 2 years before the due date of the registration.
(179) "Stick product" means an
				  antiperspirant or deodorant that contains active ingredients in a solid matrix
				  form and dispenses the active ingredients by frictional action on the affected
				  area.
(180) "Structural waterproof
				  adhesive" means an adhesive:
(a) Whose bond
				  lines are resistant to conditions of continuous immersion in fresh or salt
				  water; and
(b) That conforms with
				  Federal Specification MMM-A-181D (Type 1, Grade A) of the Federal Consumer
				  Products Regulation 40 CFR Part 59, Subpart C.
(181) Surplus Reduction.
(a) "Surplus reduction" means the ACP limit
				  minus the ACP emissions expressed to the nearest pound of VOC when the ACP
				  limit was greater than the ACP emissions during a given compliance
				  period.
(b) Except as provided in
				  this chapter, "surplus reduction" does not include emissions occurring before
				  the date that the ACP agreement is signed by the Department.
(182) "Surplus trading" means the
				  buying, selling, or transfer of surplus reductions between responsible ACP
				  parties.
(183) "Table B compound"
				  means a carbon-containing compound that is an exception to the definition of
				  VOC in COMAR
				  26.11.01.01B.
(183-1) Temporary Hair Color.
(a) "Temporary hair color" means a product
				  manufactured on or after January 1, 2018 that applies color, glitter, or
				  UV-active pigments to hair, wigs, or fur and is removable when
				  washed.
(b) "Temporary hair color"
				  includes hair color mousses and products designed or labeled to add texture or
				  thickness to cover thinning or balding areas.
(c) "Temporary hair color" does not include
				  hair spray, hair styling products or hair mousse.
(184) "Terrestrial" means living on or
				  growing from land.
(185) "Tire
				  sealant and inflation" means a pressurized product that is designed to
				  temporarily inflate and seal a leaking tire.
(186) Toilet and Urinal Care Product.
(a) "Toilet/urinal care product" means any
				  product designed or labeled to clean or to deodorize toilet bowls, toilet
				  tanks, or urinals.
(b) For purposes
				  of this definition, toilet bowls, toilet tanks, or urinals include:
(i) Toilets or urinals connected to permanent
				  plumbing in buildings and other structures;
(ii) Portable toilets or urinals placed at
				  temporary or remote locations; and
(iii) Toilets or urinals in vehicles such as
				  buses, recreational motor homes, boats, ships, and aircraft.
(c) "Toilet and urinal care
				  product" does not include bathroom and tile cleaner or general purpose
				  cleaner.
(187) "Total
				  maximum historical emissions (TMHE)" means the total VOC emissions from all ACP
				  products for which the responsible ACP party has failed to record the required
				  VOC content or enforceable sales records that are:
(a) Determined by calculating emissions of
				  each ACP product during each portion of a compliance period for which the
				  responsible ACP has failed to record the required VOC content or enforceable
				  sales records;
(b) Expressed to the
				  nearest pound and calculated according to the following calculation:
TMHE = (MHE)1 +
					 (MHE)2 + . . . + (MHE)N
where:
(i) MHE =
				  (Highest VOC Content x Highest Sales) x Missing Data Days / 100 x
				  365;
(ii) Highest VOC Content = the
				  maximum VOC content which the ACP product has contained in the previous 5
				  years, if the responsible ACP party fails to report all the required 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;
(iii) Highest Sales = the maximum 1 year
				  gross State sales of the ACP product in the previous 5 years, if the
				  responsible ACP party fails to report all required enforceable sales records
				  (for any portion of the compliance period), as specified in the ACP agreement
				  approving the ACP, or the current actual 1-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;
(iv)
				  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
				  records or VOC content data as specified in the ACP agreement;
(v) Missing data days are estimated as 1, 2,
				  . . ., N = each product in an ACP, up to the maximum N, for which the
				  responsible ACP party has failed to record the required enforceable sales
				  records or VOC content data as specified in the ACP agreement.
(c) "Toilet/urinal care product"
				  does not include bathroom and tile cleaner or general purpose
				  cleaner.
(188) "Type A
				  propellant" means a compressed gas such as carbon dioxide
				  (CO2), nitrogen (N2), nitrogen
				  oxide (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.
(189) "Type B propellant" means a halocarbon
				  that is used as a propellant including chlorofluorocarbons (CFCs),
				  hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).
(190) "Type C propellant" means a propellant
				  that is not a Type A or Type B propellant, including propane, isobutane,
				  n-butane, and dimethyl ether.
(191)
				  Undercoating.
(a) "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.
(b) "Undercoating" includes rubberized,
				  mastic, or asphaltic products.
(192) "Usage directions" means the text or
				  graphics on the product's principal display panel, label, or accompanying
				  literature that describes to the end user how and in what quantity the product
				  is to be used.
(193)
				  "Vinyl/fabric/leather/polycarbonate coating" means a coating designed and
				  labeled exclusively to coat vinyl, fabric, leather, or polycarbonate
				  substrates.
(194) VOC Content.
(a) "VOC content" means, except for charcoal
				  lighter products, the total weight of VOC in a product expressed as a
				  percentage of the product weight, excluding the container or packaging, as
				  determined under Regulation .16A and B of this chapter.
(b) "VOC content" means, for charcoal lighter
				  material products only,
VOC Content = (Certified Emissions x 100) / Certified Use
					 Rate
where:
(i)
				  Certified Emissions = the emissions level for products approved by the
				  Department under Regulation .05 of this chapter, as determined under South
				  Coast Air Quality Management District Rule 1174 Ignition Method Compliance
				  Certification Protocol (Feb. 28,1991), expressed to the nearest 0.001 pound CH2
				  per start;
(ii) Certified Use Rate
				  = the usage level for products approved by the Department under Regulation .05
				  of this chapter, as determined under South Coast Air Quality Management
				  District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 28,
				  1991), expressed to the nearest 0.001 pound certified product used per start.
(195) "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 insects or their hiding
				  place.
(196) Waterproofer.
(a) "Waterproofer" means a product designed
				  and labeled exclusively to repel water from fabric or leather
				  substrates.
(b) "Waterproofer" does
				  not include fabric protectants.
(197) Wax.
(a) "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.
(b) "Wax" includes
				  substances derived from the secretions of plants and animals such as carnuba
				  wax and beeswax, substances of a mineral origin such as ozocerite and paraffin,
				  and synthetic polymers such as polyethylene.
(198) "Web spray adhesive" means an aerosol
				  adhesive that is not a mist spray or special purpose spray adhesive.
(199) Wood Cleaner.
(a) "Wood cleaner" means a product labeled to
				  clean wooden materials including decking, fences, flooring, logs, cabinetry,
				  and furniture.
(b) "Wood cleaner"
				  does not include dusting aid, general purpose cleaner, furniture maintenance
				  product, floor wax stripper, floor polish or wax, or products designed and
				  labeled exclusively to preserve or color wood.
(200) "Wood floor wax" means wax-based
				  products for use solely on wood floors.
(201) "Working day" means a day between
				  Monday and Friday, inclusive, except days that are federal holidays.
(202) "Zinc-richprimer" means a coating that:
(a) Contains at least 65 percent metallic
				  zinc powder or zinc dust by weight of total solids;
(b) Is formulated for application to metal
				  substrates to provide a firm bond between the substrate and subsequent
				  applications of coatings; and
(c)
				  Is designed for professional use only and labeled "For Professional Use Only",
				  "For Industrial Use Only", "Not for Residential Use", or "Not Intended for
				  Residential Use."