reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › EXEMPTIONS › Section 130.336 - Adhesives

Current through Register Vol. 54, No. 28, July 13, 2024
The VOC limits specified in §
													130.211 (relating to table of
							 standards) do not apply to adhesives sold in containers of 1 fluid ounce or
							 less.
This section cited in 25 Pa. Code §
															130.201 (relating to
								applicability); 25 Pa. Code §
															130.202 (relating to definitions);
								25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.215 (relating to requirements
								for aerosol adhesives); and 25 Pa. Code §
															130.431 (relating to testing for
								compliances).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › EXEMPTIONS › Section 130.337 - Bait station insecticides

Current through Register Vol. 54, No. 28, July 13, 2024
The VOC limits specified in §
													130.211 (relating to table of
							 standards) do not apply to bait station insecticides. For the purpose of this
							 section, bait station insecticides are containers enclosing an insecticidal
							 bait that is not more than 0.5 ounce by weight, where the bait is designed to
							 be ingested by insects and is composed of solid material feeding stimulants
							 with less than 5% active ingredients.
This section cited in 25 Pa. Code §
															130.201 (relating to
								applicability); 25 Pa. Code §
															130.202 (relating to definitions);
								25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.215 (relating to requirements
								for aerosol adhesives); and 25 Pa. Code §
															130.431 (relating to testing for
								compliances).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › EXEMPTIONS › Section 130.338 - Fragrances

Current through Register Vol. 54, No. 28, July 13, 2024
The VOC limits specified in §
													130.211 (relating to table of
							 standards) do not apply to fragrances up to a combined level of 2% by weight
							 contained in a consumer product.
The provisions of this §
															130.338 adopted under section 5 of
								the Air Pollution Control Act (35 P. S. §
																4005).
This section cited in 25 Pa. Code §
															130.201 (relating to
								applicability); 25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.215 (relating to requirements
								for aerosol adhesives); and 25 Pa. Code §
															130.431 (relating to testing for
								compliance).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › INNOVATIVE PRODUCTS › Section 130.351 - Innovative products exemption

Current through Register Vol. 54, No. 28, July 13, 2024
A manufacturer of consumer products that has been
							 granted an innovative products exemption by the CARB under the innovative
							 products provisions in Subchapter 8.5, Article 2, Section 94511, or Subchapter
							 8.5, Article 1, Section
							 94503.5 of Title 17 of the CCR
							 shall be exempt from §
													130.211 (relating to table of
							 standards) for the period of time that the CARB innovative products exemption
							 remains in effect provided that all consumer products within the CARB
							 innovative products exemption are contained in §
													130.211. A manufacturer claiming
							 such an exemption on this basis shall submit to the Department a copy of the
							 CARB innovative products exemption decision (that is, the Executive Order),
							 including all conditions established by CARB applicable to the
							 exemption.
This section cited in 25 Pa. Code §
															130.202 (relating to definitions);
								25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.215 (relating to requirements
								for aerosol adhesives); and 25 Pa. Code §
															130.431 (relating to testing for
								compliance).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ADMINISTRATIVE REQUIREMENTS › Section 130.371 - Product dating

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Product dating requirements
.
(1) Each manufacturer of a consumer product
						  subject to §§
														130.211-130.217 (relating to standards)
						  shall clearly display on each consumer product container or package, the day,
						  month and year on which the product was manufactured, or a code indicating that
						  date.
(2) A manufacturer who uses
						  the following code to indicate the date of manufacture will not be subject to
						  the requirements of subsection (b)(1), if the code is represented separately
						  from other codes on the product container so that it is easily recognizable:
YY DDD = year year day day day
where,
YY = two digits representing the year in which the
							 product was manufactured
DDD = three digits representing the day of the year
							 on which the product was manufactured, with "001" representing the first day of
							 the year, "002" representing the second day of the year, and so forth (that is,
							 the "Julian date").
(3) The
						  product date or date-code required by this section must be displayed on each
						  consumer product container or package before the consumer product is sold,
						  supplied or offered for sale in this Commonwealth.
(4) The date or date-code information must be
						  located on the container or inside the cover/cap so that it is readily
						  observable or obtainable (by simply removing the cap/cover) without
						  irreversibly disassembling a part of the container or packaging.
(5) For the purposes of this subsection,
						  information may be displayed on the bottom of a container as long as it is
						  clearly legible without removing any product packaging.
(6) The requirements of this subsection do
						  not apply to products containing either of the following:
(i) No VOCs.
(ii) VOCs at 0.10% by weight or less.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ADMINISTRATIVE REQUIREMENTS › Section 130.372 - Most restrictive limit

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Products manufactured before
						  January 1, 2009, and FIFRA-registered insecticides manufactured before January
						  1, 2010.
(1) Notwithstanding the
						  definition of "product category" in §
														130.202 (relating to definitions),
						  if on the principal display panel of a consumer product manufactured before
						  January 1, 2009, or a FIFRA-registered insecticide manufactured before January
						  1, 2010, a representation is made that the product may be used, or is suitable
						  for use, as a consumer product for which a lower VOC limit is specified in
						  §
														130.211 (relating to table of
						  standards), the lowest VOC limit applies.
(2) The requirement of paragraph (1) does not
						  apply to general purpose cleaners, antiperspirant/deodorant products or
						  insecticide foggers.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ADMINISTRATIVE REQUIREMENTS › Section 130.373 - Additional labeling requirements for aerosol adhesive, adhesive remover, electrical cleaner, electronic cleaner, energized electrical cleaner and contact adhesive products

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
						  addition to the requirements specified in §§
													130.371,
						  130.372,
						  130.391 and
						  130.392, both the manufacturer and
						  responsible party for each aerosol adhesive, electrical cleaner, electronic
						  cleaner, energized electrical cleaner and contact adhesive product subject to
						  this subchapter shall ensure that all products clearly display the following
						  information on each product container which is manufactured on or after the
						  applicable effective date for the category specified in §
													130.211 (relating to table of
						  standards):
(1) The product category as
						  specified in §
														130.211 or an abbreviation of the
						  category shall be displayed.
(2)
						  The applicable VOC standard for the product that is specified in §
						  130.211, except for energized electrical cleaner products, expressed as a
						  percentage by weight, shall be displayed unless the product is included in an
						  alternative control plan approved by the Department, as provided in
						  §§
														130.451-130.465 (relating to ACP for
						  consumer products).
(3) If the
						  product is included in an alternative control plan approved by the Department,
						  and the product exceeds the applicable VOC standard specified in §
														130.211, the product shall be
						  labeled with the term "ACP" or "ACP product."
(4) If the product is classified as a special
						  purpose spray adhesive, the applicable substrate or application or an
						  abbreviation of the substrate or application that qualifies the product as
						  special purpose shall be displayed.
(5) If the manufacturer or responsible party
						  uses an abbreviation as allowed by this section, an explanation of the
						  abbreviation shall be filed with the Department before the abbreviation is
						  used.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › REPORTING REQUIREMENTS › Section 130.391 - Required reporting of information to the Department

Current through Register Vol. 54, No. 28, July 13, 2024
Upon 90 days written notice, the Department may
							 require a responsible party to report information for a consumer product the
							 Department may specify.
This section cited in 25 Pa. Code §
															130.102 (relating to definitions);
								25 Pa. Code §
															130.373 (relating to additional
								labeling requirements for aerosol adhesives); and 25 Pa. Code §
															130.392 (relating to
								confidentiality).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › REPORTING REQUIREMENTS › Section 130.392 - Confidentiality

Current through Register Vol. 54, No. 28, July 13, 2024
The information submitted by a responsible party
							 under §
													130.391 (relating to required
							 reporting of information to the Department) or in accordance with other
							 provisions in this subchapter will be handled in accordance with the procedures
							 specified in section
							 13.2 of the Air Pollution Control
							 Act (35 P. S. §
														4013.2).
This section cited in 25 Pa. Code §
															130.373 (relating to additional
								labeling requirements for aerosol adhesive; adhesive remover, electrical
								cleaner, electronic cleaner, energized electrical cleaner and contact adhesive
								products).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › VARIANCES › Section 130.411 - Application for variance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						  person who cannot comply with §§
													130.211-130.217 (relating to standards),
						  because of extraordinary reasons beyond the person's control, may apply in
						  writing to the Department for a variance. The variance application must set
						  forth:
(1) The specific grounds upon which the
						  variance is sought.
(2) The
						  proposed dates by which compliance with §
														130.211 (relating to table of
						  standards) will be achieved.
(3) A
						  compliance report reasonably detailing the methods by which compliance will be
						  achieved.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › VARIANCES › Section 130.412 - Variance orders

Current through Register Vol. 54, No. 28, July 13, 2024
A variance order will specify a final compliance date
							 by which the requirements of §§
													130.211-130.217 (relating to standards)
							 will be achieved. A variance order will contain a condition that specifies
							 increments of progress necessary to assure timely compliance, and other
							 conditions that the Department, in consideration of the testimony received at
							 the hearing, finds necessary.
The provisions of this §
															130.412 amended under section 5 of
								the Air Pollution Control Act (35 P. S. §
																4005).
This section cited in 25 Pa. Code §
															130.211 (relating to table of
								standards); and 25 Pa. Code §
															130.215 (relating to requirements
								for aerosol adhesives).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › VARIANCES › Section 130.413 - Termination of variance

Current through Register Vol. 54, No. 28, July 13, 2024
A variance shall cease to be effective upon failure
							 of the party to whom the variance was granted to comply with a term or
							 condition of the variance.
This section cited in 25 Pa. Code §
															130.211 (relating to table of
								standards); and 25 Pa. Code §
															130.215 (relating to requirements
								for aerosol adhesives).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › VARIANCES › Section 130.414 - Modification of variance

Current through Register Vol. 54, No. 28, July 13, 2024
Upon the application of a person, the Department may
							 review, and for good cause, modify or revoke a variance from requirements of
							 §§
													130.211-130.217 (relating to standards)
							 after holding a public hearing in accordance with §
													130.471 (relating to public
							 hearings).
The provisions of this §
															130.414 amended under section 5 of
								the Air Pollution Control Act (35 P. S. §
																4005).
This section cited in 25 Pa. Code §
															130.211 (relating to table of
								standards); and 25 Pa. Code §
															130.215 (relating to requirements
								for aerosol adhesives).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › TEST METHODS › Section 130.431 - Testing for compliance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Testing to determine compliance with this subchapter shall be performed by one
						  of the following:
(1) Using CARB Method 310,
						  "
Determination of Volatile Organic Compounds (VOC) in Consumer
						  Products
," adopted September 25, 1997, and as last amended on May 5,
						  2005, including subsequent amendments.
(2) Alternative methods which are shown to
						  accurately determine the concentration of VOCs in a subject product or its
						  emissions may be used upon written approval of the Department.
(3) Calculation of the VOC content from
						  records of the amounts of constituents used to make the product under the
						  following criteria:
(i) Compliance
						  determinations based on these records may not be used unless the manufacturer
						  of a consumer product keeps accurate records for each day of production of the
						  amount and chemical composition of the individual product constituents. These
						  records shall be kept for at least 3 years and be made available to the
						  Department on request.
(ii) For the
						  purposes of this section, the VOC content (expressed as a percentage) shall be
						  calculated according to the following equation:
click to view image
where,
A = total net weight of unit (excluding container and
							 packaging)
B = total weight of all VOCs per unit
C = total weight of VOCs exempted under §§
							 130.331-130.338, 130.351 and 130.352 per unit
(iii) If product records appear to
						  demonstrate compliance with the VOC limits, but these records are contradicted
						  by product testing performed using CARB Method 310, the results of CARB Method
						  310 shall take precedence over the product records and may be used to establish
						  a violation of the requirements of this section.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.451 - Alternative methods of compliance

Current through Register Vol. 54, No. 28, July 13, 2024
The purpose of this section is to provide an
							 alternative method to comply with the Table of Standards specified in §
													130.211 (relating to table of
							 standards). This alternative is provided by allowing responsible ACP parties
							 the option of voluntarily entering into separate alternative control plans for
							 consumer products, as specified in this subchapter. Only responsible ACP
							 parties for consumer products may enter into an ACP.
This section cited in 25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.373 (relating to additional
								labeling requirements for aerosol adhesive; adhesive remover, electrical
								cleaner, electronic cleaner, energized electrical cleaner and contact adhesive
								products); and 25 Pa. Code §
															130.464 (relating to treatment of
								information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.452 - Exemption

Current through Register Vol. 54, No. 28, July 13, 2024
A manufacturer of consumer products which has been
							 granted an ACP agreement by the CARB under the ACP provision in Subchapter 8.5,
							 Article 4, Sections 94540-94555, of Title 17 of the CCR shall be exempt from
							 §
													130.211 (relating to table of
							 standards) for the period of time that the CARB ACP agreement remains in effect
							 provided that all ACP products within the CARB ACP agreement are contained in
							 § 130.211. A manufacturer claiming such an ACP agreement on this basis
							 shall submit to the Department a copy of the CARB ACP decision (that is, the
							 Executive Order), including the conditions established by CARB applicable to
							 the exemption.
The provisions of this §
															130.452 amended under section 5 of
								the Air Pollution Control Act (35 P. S. §
																4005).
This section cited in 25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.373 (relating to additional
								labeling requirements for aerosol adhesive; adhesive remover, electrical
								cleaner, electronic cleaner, energized electrical cleaner and contact adhesive
								products); and 25 Pa. Code §
															130.464 (relating to treatment of
								information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.453 - Request for exemption

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						  Manufacturers of consumer products that have been granted an ACP agreement by
						  the CARB under the ACP provision in Subchapter 8.5, Article 4, sections
						  94540-94555, of Title 17 of the CCR based on California specific data, or that
						  have not been granted an exemption by the CARB may seek an ACP agreement with
						  the Department.
(b) The Department
						  will not approve an ACP submitted by a responsible ACP party if the Department
						  determines, upon review of the responsible ACP party's compliance history with
						  past or current ACPs or the requirements for consumer products in this
						  subchapter, that the responsible ACP party has a recurring pattern of
						  violations and has consistently refused to take the necessary steps to correct
						  those violations.
The provisions of this §
															130.453 amended under section 5 of
								the Air Pollution Control Act (35 P. S. §
																4005).
This section cited in 25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.373 (relating to additional
								labeling requirements for aerosol adhesive; adhesive remover, electrical
								cleaner, electronic cleaner, energized electrical cleaner and contact adhesive
								products); and 25 Pa. Code §
															130.464 (relating to treatment of
								information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.454 - Application for an ACP

Current through Register Vol. 54, No. 28, July 13, 2024
A manufacturer of consumer products that has been
							 granted an ACP agreement by the CARB under the ACP provision in Subchapter 8.5,
							 Article 4, sections 94540-94555, of Title 17 of the CCR based on California
							 specific data, or that has not been granted an exemption by the CARB may seek
							 an ACP agreement by submitting an application. The application must:
(1) Identify the responsible ACP party
						  including names, telephone numbers and addresses of the representative of the
						  manufacturer who will be responsible for implementing the ACP requirements
						  specified in the ACP agreement.
(2)
						  Contain a statement of whether the responsible ACP party is a small business or
						  a one-product business.
(3) Contain
						  a listing of the exact product brand name, form, available variations (flavors,
						  scents, colors, sizes, and the like), and applicable product category for each
						  distinct ACP product that is proposed for inclusion in the ACP.
(4) Demonstrate in writing to the
						  satisfaction of the Department that the enforceable sales records to be used by
						  the responsible ACP party for tracking product sales provide the following
						  information:
(i) The names, telephone numbers,
						  street and mail addresses of all persons and businesses who will provide
						  information that will be used to determine the enforceable sales.
(ii) The enforceable sales of each ACP
						  product.
(iii) A written
						  demonstration to the satisfaction of the Department regarding the validity of
						  the enforceable sales.
(iv) The
						  percentage of the gross Pennsylvania sales which is comprised of enforceable
						  sales.
(v) That the ACP products
						  have enforceable sales that are 75% or more of the gross Pennsylvania sales.
						  Only ACP products meeting this criteria will be allowed to be sold in this
						  Commonwealth under an ACP.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.455 - Recordkeeping and availability of requested information

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Information specified in the ACP
						  agreement shall be maintained by the responsible ACP party for at least 3 years
						  after the records are generated. The records must be clearly legible and
						  maintained in good condition during this period.
(b) The records specified in this section
						  shall be made available to the Department:
(1)
						  Immediately upon request during an onsite visit to a responsible ACP
						  party.
(2) Within 15 working days
						  after receipt of a written request from the Department.
(3) Within a time period mutually agreed upon
						  by both the Department and the responsible ACP party.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.457 - Limited-use surplus reduction credits for early reformulations of ACP products

Current through Register Vol. 54, No. 28, July 13, 2024
(a) For
						  the purposes of this section, "early reformulation" means an ACP product which
						  is reformulated to result in a reduction in the product's VOC content, and
						  which is sold, supplied or offered for sale in this Commonwealth for the first
						  time during the 1 year (365-day) period immediately prior to the date on which
						  the application for a proposed ACP is submitted to the Department. "Early
						  reformulation" does not include reformulated ACP products which are sold,
						  supplied or offered for sale in this Commonwealth more than 1 year prior to the
						  date on which the ACP application is submitted to the Department.
(b) If requested in the application for a
						  proposed ACP, the Department will, upon approval of the ACP, issue surplus
						  reduction credits for early reformulations of ACP products, provided that the
						  following documentation has been provided by the responsible ACP party to the
						  satisfaction of the Department:
(1) Accurate
						  documentation showing that the early reformulation reduced the VOC content of
						  the ACP product to a level which is below the pre-ACP VOC content of the
						  product, or below the applicable VOC standards in §
														130.211 (relating to table of
						  standards), whichever is the lesser of the two.
(2) Accurate documentation demonstrating that
						  the early reformulated ACP product was sold in retail outlets in this
						  Commonwealth within the time period specified in this section.
(3) Accurate sales records for the early
						  reformulated ACP product which meets the definition of "enforceable sales
						  records" in §
														130.202 (relating to definitions),
						  and which demonstrate that the enforceable sales for the ACP product are at
						  least 75% of the gross Pennsylvania sales for the product.
(4) Accurate documentation for the early
						  reformulated ACP product which meets the requirements specified in this
						  section, and which identifies the specific test methods for verifying the
						  claimed early reformulation and the statistical accuracy and precision of the
						  test methods as specified in this section.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.458 - Reconciliation of shortfalls

Current through Register Vol. 54, No. 28, July 13, 2024
(a) At
						  the end of each compliance period, the responsible ACP party shall make an
						  initial calculation of shortfalls occurring in that compliance period, as
						  specified in the ACP agreement. Upon receipt of this information, the
						  Department will determine the amount of a shortfall that has occurred during
						  the compliance period, and notify the responsible ACP party of this
						  determination.
(b) The responsible
						  ACP party shall implement the reconciliation of shortfalls plan as specified in
						  the ACP agreement, within 30 working days from the date of written notification
						  of a shortfall by the Department.
(c) Shortfalls shall be completely reconciled
						  within 90 working days from the date of written notification of a shortfall by
						  the Department, by implementing the reconciliation of shortfalls plan specified
						  in the ACP agreement.
(d) The
						  requirements specified in the ACP agreement, including the applicable ACP
						  limits, shall remain in effect while shortfalls are in the process of being
						  reconciled.
The provisions of this §
															130.458 amended under section 5 of
								the Air Pollution Control Act (35 P. S. §
																4005).
This section cited in 25 Pa. Code §
															130.202 (relating to definitions);
								25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.373 (relating to additional
								labeling requirements for aerosol adhesive; adhesive remover, electrical
								cleaner, electronic cleaner, energized electrical cleaner and contact adhesive
								products); 25 Pa. Code §
															130.464 (relating to treatment of
								information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.459 - Notification of modifications to an ACP by the responsible ACP party

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Modifications that do not require Department preapproval
. The
						  responsible ACP party shall notify the Department, in writing, of a change in
						  the following with respect to an ACP product:
(1) Product name.
(2) Product formulation.
(3) Product form.
(4) Product function.
(5) Applicable product category.
(6) VOC content.
(7) LVP content.
(8) Date-codes.
(9) Recommended product usage
						  directions.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.460 - Modifications that require Department preapproval

Current through Register Vol. 54, No. 28, July 13, 2024
The responsible ACP party may propose modifications
							 to the enforceable sales records or reconciliation of shortfalls plan specified
							 in the ACP agreement. Proposed modifications shall be fully described in
							 writing and forwarded to the Department. The responsible ACP party shall
							 clearly demonstrate that the proposed modifications will meet the requirements
							 of this subchapter. The responsible ACP party shall meet all applicable
							 requirements of the existing ACP until a proposed modification is approved in
							 writing by the Department.
The provisions of this §
															130.460 amended under section 5 of
								the Air Pollution Control Act (35 P. S. §
																4005).
This section cited in 25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.373 (relating to additional
								labeling requirements for aerosol adhesive; adhesive remover, electrical
								cleaner, electronic cleaner, energized electrical cleaner and contact adhesive
								products); 25 Pa. Code §
															130.464 (relating to treatment of
								information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.461 - Other modifications

Current through Register Vol. 54, No. 28, July 13, 2024
The responsible ACP party shall notify the
							 Department, in writing, of information that the responsible ACP party may have
							 which may alter the information submitted under §
													130.454 (relating to application
							 for an ACP). The responsible ACP party shall provide the notification to the
							 Department no later than 15 working days from the date the information is known
							 to the responsible ACP party.
This section cited in 25 Pa. Code §
															130.211 (relating to table of
								standards); 25 Pa. Code §
															130.373 (relating to additional
								labeling requirements for aerosol adhesive; adhesive remover, electrical
								cleaner, electronic cleaner, energized electrical cleaner and contact adhesive
								products); 25 Pa. Code §
															130.464 (relating to treatment of
								information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.462 - Modification of an ACP by the Department

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The Department will modify the ACP as
						  necessary to ensure that the ACP meets the requirements of this subchapter and
						  that the ACP emissions will not exceed the ACP limit if the Department
						  determines one of the following:
(1) The
						  enforceable sales for an ACP product are no longer at least 75% of the gross
						  Pennsylvania sales for that product.
(2) The information submitted under the
						  approval process in §
														130.454 (relating to application
						  for an ACP) is no longer valid.
(3)
						  The ACP emissions are exceeding the ACP limit specified in the ACP
						  agreement.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.463 - Cancellation of an ACP

Current through Register Vol. 54, No. 28, July 13, 2024
An ACP shall remain in effect until:
(1) The ACP reaches the expiration date
						  specified in the ACP agreement.
(2)
						  The ACP is modified by the responsible ACP party and approved by the
						  Department.
(3) The ACP is modified
						  by the Department.
(4) The ACP
						  includes a product for which the VOC standard specified in §
													130.211 (relating to table of
						  standards) is modified by the Department in a future rulemaking, and the
						  responsible ACP party informs the Department in writing that the ACP will
						  terminate on the effective date of the modified standard.
(5) The ACP is cancelled by the
						  Department.
This section cited in 25 Pa. Code §
															130.211 (relating to table of
								standards); and 25 Pa. Code §
															130.373 (relating to additional
								labeling requirements for aerosol adhesive; adhesive remover, electrical
								cleaner, electronic cleaner, energized electrical cleaner and contact adhesive
								products).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.464 - Treatment of information

Current through Register Vol. 54, No. 28, July 13, 2024
The information required by this section,
							 §§
													130.451-130.463 and
							 130.465 related to product
							 formulation shall be protected as confidential business information upon
							 written request to the Department by the responsible ACP party. Other
							 information submitted to the Department to meet the requirements of this
							 subchapter will be handled in accordance with section
							 13.2 of the Air Pollution Control
							 Act (35 P. S. §
														4013.2).
This section cited in 25 Pa. Code §
															130.211 (relating to table of
								standards); and 25 Pa. Code §
															130.373 (relating to additional
								labeling requirements for aerosol adhesive; adhesive remover, electrical
								cleaner, electronic cleaner, energized electrical cleaner and contact adhesive
								products).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › ACP FOR CONSUMER PRODUCTS › Section 130.465 - Other applicable requirements

Current through Register Vol. 54, No. 28, July 13, 2024
A responsible ACP party may transfer an ACP to
							 another responsible ACP party, provided that the following conditions are met:
(1) The Department shall be notified,
						  in writing, by both responsible ACP parties participating in the transfer of
						  the ACP and its associated ACP agreement. The written notifications must be
						  postmarked at least 5 working days prior to the effective date of the transfer
						  and shall be signed and submitted separately by both responsible parties. The
						  written notifications shall clearly identify the contact persons, business
						  names, mail and street addresses, and phone numbers of the responsible parties
						  involved in the transfer.
(2) The
						  responsible ACP party to which the ACP is being transferred shall provide a
						  written declaration stating that the transferee shall fully comply with the
						  requirements of the ACP agreement and this subchapter.
The provisions of this §
															130.465 amended under section 5 of
								the Air Pollution Control Act (35 P. S. §
																4005).
This section cited in 25 Pa. Code §
															130.464 (relating to treatment of
								information).
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter B - CONSUMER PRODUCTS › PUBLIC HEARING REQUIREMENTS › Section 130.471 - Public hearings

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Prior
						  to issuance, extension, modification or revocation of a variance order or an
						  ACP, the Department will hold three public hearings to take public comment on
						  the application for a variance or on the proposed extension, modification or
						  revocation of a variance order. The public hearings will be held in the
						  eastern, central and western parts of this Commonwealth.
(b) The applicant shall publish notice of the
						  time, place and purpose of the three public hearings in newspapers of general
						  circulation at least 30 days prior to the hearings.
(c) The Department will publish notice of the
						  time, place and purpose of the three public hearings in the
Pennsylvania Bulletin
at least 30 days prior to the
						  hearings.
(d) At least 30 days
						  prior to the hearings, the Department will make available to the public the
						  following:
(1) The application for the
						  variance or ACP or, if the hearings are for an extension, modification or
						  revocation, the variance or ACP order.
(2) The proposed order for issuing,
						  extending, modifying or revoking the variance or ACP.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter C - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS › Section 130.601 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
This subchapter applies to a person who supplies,
						  sells, offers for sale, manufactures, blends or repackages an architectural or
						  industrial maintenance coating for use within this Commonwealth, as well as a
						  person who applies or solicits the application of an architectural or
						  industrial maintenance coating within this Commonwealth except for:
(1) An architectural or industrial
						maintenance coating that is sold or manufactured for use outside of this
						Commonwealth or for shipment to other manufacturers for reformulation or
						repackaging.
(2) An aerosol coating
						product.
(3) An architectural or
						industrial maintenance coating that is sold in a container with a volume of 1
						liter (1.057 quart) or less.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter C - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS › Section 130.603 - Standards

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
VOC
						content limits.
Except as provided in subsections (b), (c) and (g), a
						person after January 1, 2005, may not:
(1)
						Manufacture, blend or repackage for sale within this Commonwealth a coating
						subject to this subchapter with a VOC content in excess of the corresponding
						limit specified in Table 1.
(2)
						Supply, sell or offer for sale within this Commonwealth a coating subject to
						this subchapter with a VOC content in excess of the corresponding limit
						specified in Table 1.
(3) Solicit
						for application or apply within this Commonwealth, a coating subject to this
						subchapter with a VOC content in excess of the corresponding limit specified in
						Table 1.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter C - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS › Section 130.605 - Reporting requirements

Current through Register Vol. 54, No. 28, July 13, 2024
Upon request of the Department, each manufacturer of an
						  architectural or industrial maintenance coating subject to this subchapter
						  shall, on or before April 1 of each calendar year beginning in the year 2006,
						  submit an annual report to the Department. The report shall specify the number
						  of gallons of coating sold in this Commonwealth during the preceding calendar
						  year and shall describe the method used by the manufacturer to calculate sales
						  within this Commonwealth.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter C - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS › Section 130.606 - Application for variance

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
						person who cannot comply with §
												130.603(a)
						(relating to standards) may apply in writing to the Department for a variance.
						The variance application shall set forth:
(1)
						The specific grounds upon which the variance is sought.
(2) The proposed date by which compliance
						with §
													130.603(a) will
						be achieved.
(3) A compliance
						report detailing the methods by which compliance will be achieved.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter C - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS › Section 130.607 - Variance orders

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A variance
						order will specify a final compliance date by which the requirements of §
												130.603 (relating to standards)
						must be achieved. A variance order will contain a condition that specifies
						increments of progress necessary to assure timely compliance and other
						conditions that the Department determines to be necessary, in consideration of
						the testimony received at the public hearing held in accordance with §
												130.610 (relating to public
						hearings), written comments and other information available to the
						Department.
(b) The Department will
						submit each variance order to the United States Environmental Protection Agency
						for approval as a State Implementation Plan revision.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter C - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS › Section 130.608 - Termination of variance

Current through Register Vol. 54, No. 28, July 13, 2024
A variance will cease to be effective upon failure of
						  the party to whom the variance was granted to comply with a term or condition
						  of the variance.
Pennsylvania Code › Title 25 - ENVIRONMENTAL PROTECTION › Part I - Department of Environmental Protection › Subpart C - Protection of Natural Resources › Article III - Air Resources › Chapter 130 - STANDARDS FOR PRODUCTS › Subchapter C - ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS › Section 130.609 - Extension, modification or revocation of variance

Current through Register Vol. 54, No. 28, July 13, 2024
The Department may, for good cause, including air
						  quality considerations, extend, modify or revoke a variance from the
						  requirements of §
												130.603(a)
						  (relating to standards) after holding a public hearing in accordance with
						  §
												130.610 (relating to public
						  hearings).