Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 45 - CONSUMER AND COMMERCIAL PRODUCTS › Part II - Emission Standards › Article 4 - Emission Standards for Consumer Products Manufactured on or after August 1, 2010 › Section 9VAC5-45-420 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
					 of applying this article in the context of the Regulations for the Control and
					 Abatement of Air Pollution and related uses, the words or terms shall have the
					 meanings given them in subsection C of this section.
B. As used in this article, all terms not
					 defined herein shall have the meanings given them in 9VAC5-10 (General
					 Definitions), unless otherwise required by context.
C. Terms defined.
"ACP" or "alternative control plan" means any emissions
						averaging program approved by the board pursuant to the provisions of this
						article.
"ACP agreement" means the document signed by the board
						that includes the conditions and requirements of the board and that allows
						manufacturers to sell ACP products pursuant to the requirements of this
						article.
"ACP emissions" means the sum of the VOC emissions from
						every ACP product subject to an ACP agreement approving an ACP, during the
						compliance period specified in the ACP agreement, expressed to the nearest
						pound of VOC and calculated according to the following equation:
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where:
1, 2,...N = each product in an ACP up to the maximum
						N.
Enforceable sales = (see definition in this
						section).
VOC content = one of the following:
1. For all products except for charcoal
					 lighter material products:
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where:
A = total net weight of unit (excluding container and
						packaging).
B = total weight of all VOCs per unit.
C = total weight of all exempted VOCs per unit, as
						specified in 9VAC5-45-410.
2. For charcoal lighter material products
					 only:
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where:
Certified emissions = (see definition in this
						section).
Certified use rate = (see definition in this
						section).
"ACP limit" means the maximum allowable ACP emissions
						during the compliance period specified in an ACP agreement approving an ACP,
						expressed to the nearest pound of VOC, and calculated according to the
						following equation:
View Image
where:
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where:
Enforceable sales = (see definition in this
						section).
ACP standard = (see definition in this section).
1, 2,...N = each product in an ACP up to the maximum
						N.
"ACP product" means any consumer product subject to the
						VOC standards specified in 9VAC5-45-430 A, except those products that have been
						exempted as innovative products under 9VAC5-45-450.
"ACP reformulation" or "ACP reformulated" means the
						process of reducing the VOC content of an ACP product within the period that an
						ACP is in effect to a level that is less than the current VOC content of the
						product.
"ACP standard" means either the ACP product's pre-ACP VOC
						content or the applicable VOC standard specified in 9VAC5-45-430 A, whichever
						is the lesser of the two.
"ACP VOC standard" means the maximum allowable VOC
						content for an ACP product, determined as follows:
1. The applicable VOC standard specified in
					 9VAC5-45-430 A for all ACP products except for charcoal lighter
					 material;
2. For charcoal lighter
					 material products only, the VOC standard for the purposes of this article shall
					 be calculated according to the following equation:
View Image
where:
0.020 = the certification emissions level for the
						product, as specified in 9VAC5-45-430 E.
Certified use rate = (see definition in this
						section).
"Adhesive" means any product that is used to bond one
						surface to another by attachment. Adhesive does not include products used on
						humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or
						any other product with an adhesive incorporated onto or in an inert substrate.
						For contact adhesive only, adhesive also does not include units of product,
						less packaging, that consist of more than one gallon. In addition, for
						construction, panel, and floor covering adhesive and general purpose adhesive
						only, adhesive does not include units of product, less packaging, that weigh
						more than one pound and consist of more than 16 fluid ounces. The package size
						limitations do not apply to aerosol adhesives.
"Adhesive remover" means a product designed to remove
						adhesive from either a specific substrate or a variety of substrates. Adhesive
						remover does not include products that remove adhesives intended exclusively
						for use on humans or animals. For the purpose of this definition and the
						following adhesive remover subcategories in subdivisions 1 through 4 of this
						definition, adhesive shall mean a substance used to bond one or more materials.
						Adhesives include, but are not limited to, caulk, sealant, glue, or similar
						substances used for the purpose of forming a bond.
1. "Floor and wall covering adhesive remover"
					 means a product designed or labeled to remove floor or wall coverings and
					 associated adhesive from the underlying substrate.
2. "Gasket or thread locking adhesive
					 remover" means a product designed or labeled to remove gaskets or thread
					 locking adhesives. Products labeled for dual use as a paint stripper and as a
					 gasket remover or thread locking adhesive remover are considered gasket or
					 thread locking adhesive remover.
3.
					 "General purpose adhesive remover" means a product designed or labeled to
					 remove cyanoacrylate adhesives and nonreactive adhesives or residue from a
					 variety of substrates. General purpose adhesive remover includes, but is not
					 limited to, products that remove thermoplastic adhesives, pressure sensitive
					 adhesives, dextrin-based or starch-based adhesives, casein glues, rubber-based
					 or latex-based adhesives, as well as products that remove stickers, decals,
					 stencils, or similar materials. General purpose adhesive remover does not
					 include floor or wall covering adhesive remover.
4. "Specialty adhesive remover" means a
					 product designed to remove reactive adhesives from a variety of substrates.
					 Reactive adhesives include adhesives that require a hardener or catalyst in
					 order for the bond to occur. Examples of reactive adhesives include, but are
					 not limited to, epoxies, urethanes, and silicones. Specialty adhesive remover
					 does not include gasket or thread locking adhesive remover.
"Aerosol adhesive" means an aerosol product in which the
						spray mechanism is permanently housed in a nonrefillable can designed for
						hand-held application without the need for ancillary hoses or spray equipment.
						Aerosol adhesives include special purpose spray adhesives, mist spray
						adhesives, and web spray adhesives.
"Aerosol cooking spray" means any aerosol product
						designed either to reduce sticking on cooking and baking surfaces or to be
						applied on food, or both.
"Aerosol product" means a pressurized spray system that
						dispenses product ingredients by means of a propellant contained in a product
						or a product's carrier, or by means of a mechanically induced force. Aerosol
						product does not include pump sprays.
"Agricultural use" means the use of any pesticide or
						method or device for the control of pests in connection with the commercial
						production, storage, or processing of any animal or plant crop. Agricultural
						use does not include the sale or use of pesticides in properly labeled packages
						or containers that are intended for home use, use in structural pest control,
						industrial use, or institutional use. For the purposes of this definition
						only:
1. "Home use" means use in a
					 household or its immediate environment.
2. "Industrial use" means use for or in a
					 manufacturing, mining, or chemical process or use in the operation of
					 factories, processing plants, and similar sites.
3. "Institutional use" means use within the
					 perimeter of, or on property necessary for the operation of, buildings such as
					 hospitals, schools, libraries, auditoriums, and office complexes.
4. "Structural pest control" means a use
					 requiring a license under the applicable state pesticide licensing requirement.
"Air freshener" means any consumer product including, but
						not limited to, sprays, wicks, powders, and crystals, designed for the purpose
						of masking odors or freshening, cleaning, scenting, or deodorizing the air. Air
						fresheners do not include products that are used on the human body, products
						that function primarily as cleaning products (as indicated on a product label)
						or as toilet/urinal care products, disinfectant products claiming to deodorize
						by killing germs on surfaces, or institutional or industrial disinfectants when
						offered for sale solely through institutional and industrial channels of
						distribution. Air fresheners do include spray disinfectants and other products
						that are expressly represented for use as air fresheners, except institutional
						and industrial disinfectants when offered for sale through institutional and
						industrial channels of distribution. To determine whether a product is an air
						freshener, all verbal and visual representations regarding product use on the
						label or packaging and in the product's literature and advertising may be
						considered. The presence of, and representations about, a product's fragrance
						and ability to deodorize (resulting from surface application) shall not
						constitute a claim of air freshening.
"All other carbon-containing compounds" means all other
						compounds that contain at least one carbon atom and are not an "exempt
						compound" or an "LVP-VOC."
"All other forms" means all consumer product forms for
						which no form-specific VOC standard is specified. Unless specified otherwise by
						the applicable VOC standard, all other forms include, but are not limited to,
						solids, liquids, wicks, powders, crystals, and cloth or paper wipes
						(towelettes).
"Alternative control plan" or "ACP" means any emissions
						averaging program approved by the board pursuant to the provisions of this
						article.
"Antimicrobial hand or body cleaner or soap" means a
						cleaner or soap that is designed to reduce the level of microorganisms on the
						skin through germicidal activity. Antimicrobial hand or body cleaner or soap
						includes, but is not limited to, antimicrobial hand or body washes or cleaners,
						food handler hand washes, health care personnel hand washes, pre-operative skin
						preparations, and surgical scrubs. Antimicrobial hand or body cleaner or soap
						does not include prescription drug products, antiperspirants, astringent or
						toner, deodorant, facial cleaner or soap, general-use hand or body cleaner or
						soap, hand dishwashing detergent (including antimicrobial), heavy-duty hand
						cleaner or soap, medicated astringent or medicated toner, and rubbing
						alcohol.
"Antiperspirant" means any product including, but not
						limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and
						squeeze-bottles, that is intended by the manufacturer to be used to reduce
						perspiration in the human axilla by at least 20% in at least 50% of a target
						population.
"Anti-static product" means a product that is labeled to
						eliminate, prevent, or inhibit the accumulation of static electricity.
						Anti-static products do not include electronic cleaners, floor polish or waxes,
						floor coatings, and products that meet the definition of aerosol coating
						products or architectural coatings.
"Architectural coating" means a coating applied to
						stationary structures and their appurtenances, to mobile homes, to pavements,
						or to curbs.
"ASTM" means the American Society for Testing and
						Materials.
"Astringent or toner" means any product not regulated as
						a drug by the United States Food and Drug Administration that is applied to the
						skin for the purpose of cleaning or tightening pores. This category also
						includes clarifiers and substrate-impregnated products. This category does not
						include any hand, face, or body cleaner or soap product, medicated astringent
						or medicated toner, cold cream, lotion, or antiperspirant.
"Automotive brake cleaner" means a cleaning product
						designed to remove oil, grease, brake fluid, brake pad material, or dirt from
						motor vehicle brake mechanisms.
"Automotive hard paste wax" means an automotive wax or
						polish that is:
1. Designed to protect
					 and improve the appearance of automotive paint surfaces;
2. A solid at room temperature; and
3. Contains no water.
"Automotive instant detailer" means a product designed
						for use in a pump spray that is applied to the painted surface of automobiles
						and wiped off prior to the product being allowed to dry.
"Automotive rubbing or polishing compound" means a
						product designed primarily to remove oxidation, old paint, scratches or swirl
						marks, and other defects from the painted surfaces of motor vehicles without
						leaving a protective barrier.
"Automotive wax, polish, sealant, or glaze" means a
						product designed to seal out moisture, increase gloss, or otherwise enhance a
						motor vehicle's painted surfaces. Automotive wax, polish, sealant, or glaze
						includes, but is not limited to, products designed for use in auto body repair
						shops and drive-through car washes, as well as products designed for the
						general public. Automotive wax, polish, sealant, or glaze does not include
						automotive rubbing or polishing compounds, automotive wash and wax products,
						surfactant-containing car wash products, and products designed for use on
						unpainted surfaces such as bare metal, chrome, glass, or plastic.
"Automotive windshield washer fluid" means any liquid
						designed for use in a motor vehicle windshield washer system either as an
						antifreeze or for the purpose of cleaning, washing, or wetting the windshield.
						Automotive windshield washer fluid also includes liquids that are (i) packaged
						as a pre-wetted, single-use manual wipe and (ii) designed exclusively for
						cleaning, washing, or wetting automotive glass surfaces for the purpose of
						restoring or maintaining visibility for the driver. Glass cleaners that are
						intended for use on other glass surfaces are not included in this definition.
						Automotive windshield washer fluid does not include fluids placed by the
						manufacturer in a new vehicle.
"Bathroom and tile cleaner" means a product designed to
						clean tile or surfaces in bathrooms. Bathroom and tile cleaners do not include
						products designed primarily to clean toilet bowls, toilet tanks, or
						urinals.
"Bug and tar remover" means a product labeled to remove
						either or both of the following from painted motor vehicle surfaces without
						causing damage to the finish:
(i)
					 biological residues, such as insect carcasses and tree sap, and
(ii) road grime, such as road tar, roadway
					 paint markings, and asphalt.
"CARB" means the California Air Resources Board.
"Carburetor or fuel-injection air intake cleaner" means a
						product designed to remove fuel deposits, dirt, or other contaminants from a
						carburetor, choke, throttle body of a fuel-injection system, or associated
						linkages. Carburetor or fuel-injection air intake cleaner does not include
						products designed exclusively to be introduced directly into the fuel lines or
						fuel storage tank prior to introduction into the carburetor or fuel
						injectors.
"Carpet and upholstery cleaner" means a cleaning product
						designed for the purpose of eliminating dirt and stains on rugs, carpeting, and
						the interior of motor vehicles or on household furniture or objects upholstered
						or covered with fabrics such as wool, cotton, nylon, or other synthetic
						fabrics. Carpet and upholstery cleaners include, but are not limited to,
						products that make fabric protectant claims. Carpet and upholstery cleaners do
						not include general purpose cleaners, spot removers, vinyl or leather cleaners,
						dry cleaning fluids, or products designed exclusively for use at industrial
						facilities engaged in furniture or carpet manufacturing.
"Certified emissions" means the emissions level for
						products approved under 9VAC5-45-430 E, as determined pursuant to South Coast
						Air Quality Management District Rule 1174 Ignition Method Compliance
						Certification Protocol (see 9VAC5-20-21 ), expressed to the nearest 0.001 pound
						VOC per start.
"Certified use rate" means the usage level for products
						approved under 9VAC5-45-430 E, as determined pursuant to South Coast Air
						Quality Management District Rule 1174 Ignition Method Compliance Certification
						Protocol (see 9VAC5-20-21 ), expressed to the nearest 0.001 pound certified
						product used per start.
"Charcoal lighter material" means any combustible
						material designed to be applied on, incorporated in, added to, or used with
						charcoal to enhance ignition. Charcoal lighter material does not include any of
						the following:
1. Electrical starters
					 and probes;
2. Metallic cylinders
					 using paper tinder;
3. Natural
					 gas;
4. Propane; or
5. Fat wood.
"Colorant" means any pigment or coloring material used in
						a consumer product for an aesthetic effect or to dramatize an
						ingredient.
"Compliance period" means the period of time, not to
						exceed one year, for which the ACP limit and ACP emissions are calculated and
						for which compliance with the ACP limit is determined, as specified in the ACP
						agreement approving an ACP.
"Construction, panel, and floor covering adhesive" means
						any one-component adhesive that is designed exclusively for the installation,
						remodeling, maintenance, or repair of:
1. Structural and building components that
					 include, but are not limited to, beams, trusses, studs, paneling (drywall or
					 drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle
					 board, insulation board, predecorated hardboard or tileboard, etc.), ceiling
					 and acoustical tile, molding, fixtures, countertops or countertop laminates,
					 cove or wall bases, and flooring or subflooring; or
2. Floor or wall coverings that include, but
					 are not limited to, wood or simulated wood covering, carpet, carpet pad or
					 cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring
					 material, mirror tiles and other types of tiles, and artificial grass.
Construction, panel, and floor covering adhesive does not
						include floor seam sealer.
"Consumer" means a person who purchases or acquires a
						consumer product for personal, family, household, or institutional use. Persons
						acquiring a consumer product for resale are not consumers for that
						product.
"Consumer product" means a chemically formulated product
						used by household and institutional consumers including, but not limited to,
						detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal
						care products; home, lawn, and garden products; disinfectants; sanitizers;
						aerosol paints; and automotive specialty products, but does not include other
						paint products, furniture coatings, or architectural coatings. As used in this
						article, consumer products shall also refer to aerosol adhesives, including
						aerosol adhesives used for consumer, industrial, or commercial uses.
"Contact adhesive" means an adhesive that:
1. Is designed for application to both
					 surfaces to be bonded together;
2.
					 Is allowed to dry before the two surfaces are placed in contact with each
					 other;
3. Forms an immediate bond
					 that is impossible, or difficult, to reposition after both adhesive-coated
					 surfaces are placed in contact with each other; and
4. Does not need sustained pressure or
					 clamping of surfaces after the adhesive-coated surfaces have been brought
					 together using sufficient momentary pressure to establish full contact between
					 both surfaces.
Contact adhesive does not include rubber cements that are
						primarily intended for use on paper substrates. Contact adhesive also does not
						include vulcanizing fluids that are designed and labeled for tire repair
						only.
"Contact adhesive - general purpose" means any contact
						adhesive that is not a contact adhesive - special purpose.
"Contact adhesive - special purpose" means a contact
						adhesive that is used as follows:
1.
					 To bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon®,
					 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 eight
					 fluid ounces; or
2. In automotive
					 applications that are either:
a. Automotive
					 under-the-hood applications requiring heat, oil, or gasoline resistance;
					 or
b. Body-side molding, automotive
					 weatherstrip, or decorative trim.
"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 that is solely responsible for accomplishing
						the purposes for which the product was designed or intended. Containers or
						packaging include any article onto or into which the principal display panel
						and other accompanying literature or graphics are incorporated, etched,
						printed, or attached.
"Contact person" means a representative that has been
						designated by the responsible ACP party for the purpose of reporting or
						maintaining information specified in the ACP agreement approving an ACP.
"Crawling bug insecticide" means an insecticide product
						that is designed for use against ants, cockroaches, or other household crawling
						arthropods, including, but not limited to, mites, silverfish or spiders.
						Crawling bug insecticide does not include products designed to be used
						exclusively on humans or animals or a house dust mite product. For the purposes
						of this definition only:
1. "House
					 dust mite product" means a product whose label, packaging, or accompanying
					 literature states that the product is suitable for use against house dust
					 mites, but does not indicate that the product is suitable for use against ants,
					 cockroaches, or other household crawling arthropods.
2. "House dust mite" means mites that feed
					 primarily on skin cells shed in the home by humans and pets and that belong to
					 the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the
					 subclass Acari, the order Astigmata, and the family Pyroglyphidae.
"Date-code" means the day, month, and year on which the
						consumer product was manufactured, filled, or packaged, or a code indicating
						such a date.
"Deodorant" means any product including, but not limited
						to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, 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. A deodorant body spray product that
						indicates or depicts on the container or packaging, or on any sticker or label
						affixed thereto, that it can be used on or applied to the human axilla, is a
						deodorant.
"Deodorant body spray" means a personal fragrance product
						with 20% or less fragrance that is designed for application all over the human
						body to provide a scent. A deodorant body spray product that indicates or
						depicts on the container or packaging, or on any sticker or label affixed
						thereto, that it can be used on or applied to the human axilla, is a
						deodorant.
"Device" means an instrument or contrivance (other than a
						firearm) that is designed for trapping, destroying, repelling, or mitigating a
						pest or other form of plant or animal life (other than human and other than
						bacterium, virus, or another microorganism on or in living humans or other
						living animals); but not including equipment used for the application of
						pesticides when sold separately therefrom.
"Disinfectant" means a product intended to destroy or
						irreversibly inactivate infectious or other undesirable bacteria, pathogenic
						fungi, or viruses on surfaces or inanimate objects and whose label is
						registered under the FIFRA. Disinfectant does not include any of the
						following:
1. Products designed solely
					 for use on humans or animals;
2.
					 Products designed for agricultural use;
3. Products designed solely for use in
					 swimming pools, therapeutic tubs, or hot tubs; or
4. Products that, as indicated on the
					 principal display panel or label, are designed primarily for use as bathroom
					 and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl
					 cleaners, or metal polishes.
"Distributor" means a person to whom a consumer product
						is sold or supplied for the purposes of resale or distribution in commerce,
						except that manufacturers, retailers, and consumers are not
						distributors.
"Double phase aerosol air freshener" means an aerosol air
						freshener with the liquid contents in two or more distinct phases that require
						the product container to be shaken before use to mix the phases, producing an
						emulsion.
"Dry cleaning fluid" means a nonaqueous liquid product
						designed and labeled exclusively for use on:
1. Fabrics that are labeled "for dry clean
					 only," such as clothing or drapery; or
2. S-coded fabrics.
Dry cleaning fluid includes, but is not limited to, those
						products used by commercial dry cleaners and commercial businesses that clean
						fabrics such as draperies at the customer's residence or work place. Dry
						cleaning fluid does not include spot remover or carpet and upholstery cleaner.
						For the purposes of this definition, "S-coded fabric" means an upholstery
						fabric designed to be cleaned only with water-free spot cleaning products as
						specified by the American Furniture Manufacturers Association Joint Industry
						Fabrics Standards Committee, Woven and Knit Residential Upholstery Fabric
						Standards and Guidelines (see 9VAC5-20-21 ).
"Dusting aid" means a product designed to assist in
						removing dust and other soils from floors and other surfaces without leaving a
						wax or silicone-based coating. Dusting aid does not include pressurized gas
						dusters.
"Electrical cleaner" means a product labeled to remove
						heavy soils such as grease, grime, or oil from electrical equipment, including,
						but not limited to, electric motors, armatures, relays, electric panels, or
						generators. Electrical cleaner does not include general purpose cleaners,
						general purpose degreasers, dusting aids, electronic cleaners, energized
						electrical cleaners, pressurized gas dusters, engine degreasers, anti-static
						products, or products designed to clean the casings or housings of electrical
						equipment.
"Electronic cleaner" means a product labeled for the
						removal of dirt, moisture, dust, flux or oxides from the internal components of
						electronic or 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. Electronic
						cleaner does not include general purpose cleaners, general purpose degreasers,
						dusting aids, pressurized gas dusters, engine degreasers, electrical cleaners,
						energized electrical cleaners, anti-static products, or products designed to
						clean the casings or housings of electronic equipment.
"Energized electrical cleaner" means a product that meets
						both of the following criteria:
1. The
					 product 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;
2. The product label clearly displays the
					 statements: "Energized equipment use only. Not to be used for motorized vehicle
					 maintenance, or their parts."
Energized electrical cleaner does not include electronic
						cleaner.
"Enforceable sales" means the total amount of an ACP
						product sold for use in the applicable volatile organic compound emissions
						control areas designated in 9VAC5-45-400 C during the applicable compliance
						period specified in the ACP agreement approving an ACP, as determined through
						enforceable sales records (expressed to the nearest pound, excluding product
						container and packaging).
"Enforceable sales record" means a written, point-of-sale
						record or another board-approved system of documentation from which the mass,
						in pounds (less product container and packaging), of an ACP product sold to the
						end user in the applicable volatile organic compound emissions control areas
						designated in 9VAC5-45-400 C during the applicable compliance period can be
						accurately documented. For the purposes of this article, enforceable sales
						records include, but are not limited to, the following types of records:
1. Accurate records of direct retail or other
					 outlet sales to the end user during the applicable compliance period;
2. Accurate compilations, made by independent
					 market surveying services, of direct retail or other outlet sales to the end
					 users for the applicable compliance period, provided that a detailed method
					 that can be used to verify data composing such summaries is submitted by the
					 responsible ACP party and approved by the board; and
3. Other accurate product sales records
					 acceptable to the board.
"Engine degreaser" means a cleaning product designed to
						remove grease, grime, oil, and other contaminants from the external surfaces of
						engines and other mechanical parts.
"Exempt compound" means acetone, ethane, methyl acetate,
						parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), or
						perchloroethylene (tetrachloroethylene).
"Existing product" means any formulation of the same
						product category and form sold, supplied, manufactured, or offered for sale
						prior to March 9, 2005, or any subsequently introduced identical
						formulation.
"Fabric protectant" means a product designed to be
						applied to fabric substrates to protect the surface from soiling from dirt and
						other impurities or to reduce absorption of liquid into the fabric's fibers.
						Fabric protectant does not include waterproofers, products designed for use
						solely on leather, or products designed for use solely on fabrics that are
						labeled "for dry clean only" and sold in containers of 10 fluid ounces or
						less.
"Fabric refresher" means a product labeled to neutralize
						or eliminate odors on non-laundered fabric including, but not limited to, 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. Fabric refresher does not include anti-static products, carpet and
						upholstery cleaners, soft household surface sanitizers, footwear or leather
						care products, spot removers, or disinfectants, or products labeled for
						application to both fabric and human skin. For the purposes of this definition
						only, soft household surface sanitizer means a product labeled to neutralize or
						eliminate odors on surfaces listed above whose label is registered as a
						sanitizer under FIFRA.
"Facial cleaner or soap" means a cleaner or soap designed
						primarily to clean the face. Facial cleaner or soap includes, but is not
						limited to, facial cleansing creams, semisolids, liquids, lotions, and
						substrate-impregnated forms. Facial cleaner or soap does not include
						prescription drug products, antimicrobial hand or body cleaner or soap,
						astringent or toner, general-use hand or body cleaner or soap, medicated
						astringent or medicated toner, or rubbing alcohol.
"Fat wood" means pieces of wood kindling with high
						naturally occurring levels of sap or resin that enhance ignition of the
						kindling. Fat wood does not include kindling with substances added to enhance
						flammability, such as wax-covered or wax-impregnated wood-based
						products.
"FIFRA" means the Federal Insecticide, Fungicide, and
						Rodenticide Act ( 7 USC § 136 - 136y ).
"Flea and tick insecticide" means an insecticide product
						that is designed for use against fleas, ticks, their larvae, or their eggs.
						Flea and tick insecticide does not include products that are designed to be
						used exclusively on humans or animals and their bedding.
"Flexible flooring material" means asphalt, cork,
						linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.
"Floor coating" means an opaque 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.
"Floor polish or wax" means a wax, polish, or other
						product designed to polish, protect, or enhance floor surfaces by leaving a
						protective coating that is designed to be periodically replenished. Floor
						polish or wax does not include spray buff products, products designed solely
						for the purpose of cleaning floors, floor finish strippers, products designed
						for unfinished wood floors, and coatings subject to architectural coatings
						regulations.
"Floor seam sealer" means a product designed and labeled
						exclusively for bonding, fusing, or sealing (coating) seams between adjoining
						rolls of installed flexible sheet flooring.
"Floor wax stripper" means a product designed to remove
						natural or synthetic floor polishes or waxes through breakdown of the polish or
						wax polymers or by dissolving or emulsifying the polish or wax. Floor wax
						stripper does not include aerosol floor wax strippers or products designed to
						remove floor wax solely through abrasion.
"Flying bug insecticide" means an insecticide product
						that is designed for use against flying insects or other flying arthropods,
						including but not limited to flies, mosquitoes, moths, or gnats. Flying bug
						insecticide does not include wasp and hornet insecticide, products that are
						designed to be used exclusively on humans or animals, or a moth-proofing
						product. For the purposes of this definition only, "moth-proofing product"
						means a product whose label, packaging, or accompanying literature indicates
						that the product is designed to protect fabrics from damage by moths, but does
						not indicate that the product is suitable for use against flying insects or
						other flying arthropods.
"Footwear or leather care product" means any product
						designed or labeled to be applied to footwear or to other leather articles or
						components, to maintain, enhance, clean, protect, or modify the appearance,
						durability, fit, or flexibility of the footwear, leather article or component.
						Footwear includes both leather and non-leather foot apparel. Footwear or
						leather care product does not include fabric protectants; general purpose
						adhesives; contact adhesives; vinyl/fabric/leather/polycarbonate coatings;
						rubber and vinyl protectants; fabric refreshers; products solely for
						deodorizing; or sealant products with adhesive properties used to create
						external protective layers greater than 2 millimeters thick.
"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 20ºC, the sole
						purpose of which is to impart an odor or scent, or to counteract a
						malodor.
"Furniture coating" means a paint designed for
						application to room furnishings including, but not limited to, cabinets
						(kitchen, bath and vanity), tables, chairs, beds, and sofas.
"Furniture maintenance product" means a wax, polish,
						conditioner, or other product designed for the purpose of polishing,
						protecting, or enhancing finished wood surfaces other than floors. Furniture
						maintenance products do not include dusting aids, wood cleaners and products
						designed solely for the purpose of cleaning, and products designed to leave a
						permanent finish such as stains, sanding sealers, and lacquers.
"Gel" means a colloid in which the disperse phase has
						combined with the continuous phase to produce a semisolid material, such as
						jelly.
"General purpose adhesive" means a nonaerosol adhesive
						designed for use on a variety of substrates. General purpose adhesive does not
						include:
1. Contact
					 adhesives;
2. Construction, panel,
					 and floor covering adhesives;
3.
					 Adhesives designed exclusively for application on one specific category of
					 substrates (i.e., substrates that are composed of similar materials, such as
					 different types of metals, paper products, ceramics, plastics, rubbers, or
					 vinyls); or
4. Adhesives designed
					 exclusively for use on one specific category of articles (i.e., articles that
					 may be composed of different materials but perform a specific function, such as
					 gaskets, automotive trim, weather-stripping, or carpets).
"General purpose cleaner" means a product designed for
						general all-purpose cleaning, in contrast to cleaning products designed to
						clean specific substrates in certain situations. General purpose cleaner
						includes products designed for general floor cleaning, kitchen or countertop
						cleaning, and cleaners designed to be used on a variety of hard surfaces and
						does not include general purpose degreasers and electronic cleaners.
"General purpose degreaser" means a product labeled to
						remove or dissolve grease, grime, oil, and other oil-based contaminants from a
						variety of substrates, including automotive or miscellaneous metallic parts.
						General purpose degreaser does not include engine degreaser, general purpose
						cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized
						electrical cleaner, metal polish or cleanser, products used exclusively in
						solvent cleaning tanks or related equipment, or products that are (i) sold
						exclusively to establishments that manufacture or construct goods or
						commodities; and (ii) labeled "not for retail sale." Solvent cleaning tanks or
						related equipment includes, but is not limited to, cold cleaners, vapor
						degreasers, conveyorized degreasers, film cleaning machines, or products
						designed to clean miscellaneous metallic parts by immersion in a
						container.
"General-use hand or body cleaner or soap" means a
						cleaner or soap designed to be used routinely on the skin to clean or remove
						typical or common dirt and soils. General-use hand or body cleaner or soap
						includes, but is not limited to, hand or body washes, dual-purpose shampoo-body
						cleaners, shower or bath gels, and moisturizing cleaners or soaps. General-use
						hand or body cleaner or soap does not include prescription drug products,
						antimicrobial hand or body cleaner or soap, astringent or toner, facial cleaner
						or soap, hand dishwashing detergent (including antimicrobial), heavy-duty hand
						cleaner or soap, medicated astringent or medicated toner, or rubbing
						alcohol.
"Glass cleaner" means a cleaning product designed
						primarily for cleaning surfaces made of glass. Glass cleaner does not include
						products designed solely for the purpose of cleaning optical materials used in
						eyeglasses, photographic equipment, scientific equipment, and photocopying
						machines.
"Graffiti remover" means a product labeled to remove
						spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, from a
						variety of non-cloth or non-fabric substrates. Graffiti remover does not
						include paint remover or stripper, nail polish remover, or spot remover.
						Products labeled for dual use as both a paint stripper and graffiti remover are
						considered graffiti removers.
"Gross sales" means the estimated total sales of an ACP
						product in the applicable volatile organic compound emissions control areas
						designated in 9VAC5-45-400 C during a specific compliance period (expressed to
						the nearest pound), based on either of the following methods, whichever the
						responsible ACP party demonstrates to the satisfaction of the board will
						provide an accurate sales estimate:
1.
					 Apportionment of national or regional sales of the ACP product to sales,
					 determined by multiplying the average national or regional sales of the product
					 by the fraction of the national or regional population, respectively, that is
					 represented by the current population of the applicable volatile organic
					 compound emissions control areas designated in 9VAC5-45-400 C; or
2. Another documented method that provides an
					 accurate estimate of the total current sales of the ACP product.
"Hair mousse" means a hairstyling foam designed to
						facilitate styling of a coiffure and provide limited holding power.
"Hair shine" means a product designed for the primary
						purpose of creating a shine when applied to the hair. Hair shine includes, but
						is not limited to, dual-use products designed primarily to impart a sheen to
						the hair. Hair shine does not include hair spray, hair mousse, hair styling
						product, hair styling gel, or products whose primary purpose is to condition or
						hold the hair.
"Hair spray" means a consumer product that is applied to
						styled hair, and is designed or labeled to provide sufficient rigidity to hold,
						retain and/or finish the style of the hair for a period of time. Hair spray
						includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or
						sparkle hairsprays that make finishing claims; and products that are both a
						styling and finishing product. Hair spray does not include spray products that
						are intended to aid in styling but does not provide finishing of a hairstyle.
						For the purposes of this article, "finish" or "finishing" means the maintaining
						or holding of previously styled hair for a period of time. For the purposes of
						this article, "styling" means the forming, sculpting, or manipulating the hair
						to temporarily alter the hair's shape.
"Hair styling product" means a consumer product that is
						designed or labeled for the application to wet, damp or dry hair to aid in
						defining, shaping, lifting, styling and or sculpting of the hair. 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 or conditioners that make styling claims. Hair styling product does
						not include hair mousse, hair shine, hair spray, or shampoos or conditioners
						that are rinsed from the hair prior to styling. For the purposes of this
						article, "finish" or "finishing" means the maintaining or holding of previously
						styled hair for a period of time. For the purposes of this article, "styling"
						means the forming, sculpting, or manipulating the hair to temporarily alter the
						hair's shape.
"Heavy-duty hand cleaner or soap" means a product
						designed to clean or remove difficult dirt and soils such as oil, grease,
						grime, tar, shellac, putty, printer's ink, paint, graphite, cement, carbon,
						asphalt, or adhesives from the hand with or without the use of water.
						Heavy-duty hand cleaner or soap does not include prescription drug products,
						antimicrobial hand or body cleaner or soap, astringent or toner, facial cleaner
						or soap, general-use hand or body cleaner or soap, medicated astringent or
						medicated toner, or rubbing alcohol.
"Herbicide" means a pesticide product designed to kill or
						retard a plant's growth, but excludes products that are (i) for agricultural
						use, or (ii) restricted materials that require a permit for use and
						possession.
"High volatility organic compound" or "HVOC" means a
						volatile organic compound that exerts a vapor pressure greater than 80
						millimeters of mercury (mm Hg) when measured at 20ºC.
"Household product" means a consumer product that is
						primarily designed to be used inside or outside of living quarters or
						residences that are occupied or intended for occupation by people, including
						the immediate surroundings.
"Insecticide" means a pesticide product that is designed
						for use against insects or other arthropods, but excluding products that
						are:
1. For agricultural
					 use;
2. For a use that requires a
					 structural pest control license under applicable state laws or regulations;
					 or
3. Materials classified for
					 restricted use pursuant to 40 CFR 152.75 and require a pesticide business
					 license from the Virginia Pesticide Control Board pursuant to 2VAC20-40-20 for
					 use and possession.
"Insecticide fogger" means an insecticide product
						designed to release all or most of its content as a fog or mist into indoor
						areas during a single application.
"Institutional product" or "industrial and institutional
						(I&
I) product" means a consumer
					 product that is designed for use in the maintenance or operation of an
					 establishment that:
1. Manufactures,
					 transports, or sells goods or commodities, or provides services for profit;
					 or
2. Is engaged in the nonprofit
					 promotion of a particular public, educational, or charitable cause.
Establishments include, but are not limited to,
						government agencies, factories, schools, hospitals, sanitariums, prisons,
						restaurants, hotels, stores, automobile service and parts centers, health
						clubs, theaters, or transportation companies. Institutional product does not
						include household products and products that are incorporated into or used
						exclusively in the manufacture or construction of the goods or commodities at
						the site of the establishment.
"Label" means written, printed, or graphic matter affixed
						to, applied to, attached to, blown into, formed, molded into, embossed on, or
						appearing upon a consumer product or consumer product package, for purposes of
						branding, identifying, or giving information with respect to the product or to
						the contents of the package.
"Laundry prewash" means a product that is designed for
						application to a fabric prior to laundering and that supplements and
						contributes to the effectiveness of laundry detergents or provides specialized
						performance.
"Laundry starch product" means a product that is designed
						for application to a fabric, either during or after laundering, to impart and
						prolong a crisp, fresh look and may also act to help ease ironing of the
						fabric. Laundry starch product includes, but is not limited to, fabric finish,
						sizing, and starch.
"Lawn and garden insecticide" means an insecticide
						product labeled primarily to be used in household lawn and garden areas to
						protect plants from insects or other arthropods. Notwithstanding the
						requirements of 9VAC5-45-460 C, aerosol lawn and garden insecticides may claim
						to kill insects or other arthropods.
"Liquid" means a substance or mixture of substances that
						is capable of a visually detectable flow as determined under ASTM "Standard
						Test Method for Determining Whether a Material is a Liquid or a Solid" (see
						9VAC5-20-21 ). Liquid does not include powders or other materials that are
						composed entirely of solid particles.
"Lubricant" means a product designed to reduce friction,
						heat, noise, or wear between moving parts, or to loosen rusted or immovable
						parts or mechanisms. Lubricant does not include automotive power steering
						fluids; products for use inside power generating motors, engines, and turbines,
						and their associated power-transfer gearboxes; two-cycle oils or other products
						designed to be added to fuels; products for use on the human body or animals;
						or products that are:
1. Sold
					 exclusively to establishments that manufacture or construct goods or
					 commodities; and
2. Labeled "not
					 for retail sale."
"LVP content" means the total weight, in pounds, of
						LVP-VOC in an ACP product multiplied by 100 and divided by the product's total
						net weight (in pounds, excluding container and packaging), expressed to the
						nearest 0.1.
"LVP-VOC" means a chemical compound or mixture that
						contains at least one carbon atom and meets one of the following:
1. Has a vapor pressure less than 0.1 mm Hg
					 at 20ºC, as determined by CARB Method 310 (see 9VAC5-20-21 );
2. Is a chemical compound with more than 12
					 carbon atoms, or a chemical mixture composed solely of compounds with more than
					 12 carbon atoms as verified by formulation data, and the vapor pressure and
					 boiling point are unknown;
3. Is a
					 chemical compound with a boiling point greater than 216ºC, as determined
					 by CARB Method 310 (see 9VAC5-20-21 ); or
4. Is the weight percent of a chemical
					 mixture that boils above 216ºC, as determined by CARB Method 310 (see
					 9VAC5-20-21 ).
For the purposes of the definition of LVP-VOC, "chemical
						compound" means a molecule of definite chemical formula and isomeric structure,
						and "chemical mixture" means a substrate composed of two or more chemical
						compounds.
"Manufacturer" means a person who imports, manufactures,
						assembles, produces, packages, repackages, or relabels a consumer
						product.
"Medicated astringent or medicated toner" means a product
						regulated as a drug by the United States Food and Drug Administration that is
						applied to the skin for the purpose of cleaning or tightening pores. Medicated
						astringent or medicated toner includes, but is not limited to, clarifiers and
						substrate-impregnated products. Medicated astringent or medicated toner does
						not include hand, face, or body cleaner or soap products, astringent or toner,
						cold cream, lotion, antiperspirants, or products that must be purchased with a
						doctor's prescription.
"Medium volatility organic compound" or "MVOC" means a
						volatile organic compound that exerts a vapor pressure greater than 2 mm Hg and
						less than or equal to 80 mm Hg when measured at 20ºC.
"Metal polish or cleanser" means a product designed
						primarily to improve the appearance of finished metal, metallic, or metallized
						surfaces by physical or chemical action. To "improve the appearance" means to
						remove or reduce stains, impurities, or oxidation from surfaces or to make
						surfaces smooth and shiny. Metal polish or cleanser includes, but is not
						limited to, metal polishes used on brass, silver, chrome, copper, stainless
						steel, and other ornamental metals. Metal polish or cleanser does not include
						automotive wax, polish, sealant, or glaze, wheel cleaner, paint remover or
						stripper, products designed and labeled exclusively for automotive and marine
						detailing, or products designed for use in degreasing tanks.
"Missing data days" means the number of days in a
						compliance period for which the responsible ACP party has failed to provide the
						required enforceable sales or VOC content data to the board, as specified in
						the ACP agreement.
"Mist spray adhesive" means an aerosol that is not a
						special purpose spray adhesive and 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.
"Multipurpose dry lubricant" means a lubricant that
						is:
1. Designed and labeled to provide
					 lubricity by depositing a thin film of graphite, molybdenum disulfide ("moly"),
					 or polytetrafluoroethylene or closely related fluoropolymer ("teflon") on
					 surfaces; and
2. Designed for
					 general purpose lubrication, or for use in a wide variety of applications.
"Multipurpose lubricant" means a lubricant designed for
						general purpose lubrication, or for use in a wide variety of applications.
						Multipurpose lubricant does not include multipurpose dry lubricants,
						penetrants, or silicone-based multipurpose lubricants.
"Multipurpose solvent" means an organic liquid designed
						to be used for a variety of purposes, including cleaning or degreasing of a
						variety of substrates, or thinning, dispersing, or dissolving other organic
						materials. Multipurpose solvent includes solvents used in institutional
						facilities, except for laboratory reagents used in analytical, educational,
						research, scientific, or other laboratories. Multipurpose solvent does not
						include solvents used in cold cleaners, vapor degreasers, conveyorized
						degreasers or film cleaning machines, or solvents that are incorporated into,
						or used exclusively in the manufacture or construction of, the goods or
						commodities at the site of the establishment.
"Nail polish" means a clear or colored coating designed
						for application to the fingernails or toenails and including but not limited
						to, lacquers, enamels, acrylics, base coats, and top coats.
"Nail polish remover" means a product designed to remove
						nail polish and coatings from fingernails or toenails.
"Nonaerosol product" means a consumer product that is not
						dispensed by a pressurized spray system.
"Noncarbon containing compound" means a compound that
						does not contain carbon atoms.
"Nonresilient flooring" means flooring of a mineral
						content that is not flexible. Nonresilient flooring includes but is not limited
						to terrazzo, marble, slate, granite, brick, stone, ceramic tile, and
						concrete.
"Nonselective terrestrial herbicide" means a terrestrial
						herbicide product that is toxic to plants without regard to species.
"One-product business" means a responsible ACP party that
						sells, supplies, offers for sale, or manufactures for use in the applicable
						volatile organic compound emissions control areas designated in
						9VAC5-45-400:
1. Only one distinct ACP
					 product, sold under one product brand name, which is subject to the
					 requirements of 9VAC5-45-430; or
2.
					 Only one distinct ACP product line subject to the requirements of 9VAC5-45-430,
					 in which all the ACP products belong to the same product category and the VOC
					 contents in the products are within 98.0% and 102.0% of the arithmetic mean of
					 the VOC contents over the entire product line.
"Oven cleaner" means a cleaning product designed to clean
						and to remove dried food deposits from oven walls.
"Paint" means a pigmented liquid, liquefiable, or mastic
						composition designed for application to a substrate in a thin layer that is
						converted to an opaque solid film after application and is used for protection,
						decoration or identification, or to serve some functional purpose such as the
						filling or concealing of surface irregularities or the modification of light
						and heat radiation characteristics.
"Paint remover or stripper" means a product designed to
						strip or remove paints or other related coatings, by chemical action, from a
						substrate without markedly affecting the substrate. Paint remover or stripper
						does not include multipurpose solvents, paint brush cleaners, products designed
						and labeled exclusively as graffiti removers, and hand cleaner products that
						claim to remove paints and other related coatings from skin.
"Penetrant" means a lubricant designed and labeled
						primarily to loosen metal parts that have bonded together due to rusting,
						oxidation, or other causes. Penetrant does not include multipurpose lubricants
						that claim to have penetrating qualities but are not labeled primarily to
						loosen bonded parts.
"Personal fragrance product" means any product that 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.
						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.
"Pesticide" means and includes a substance or mixture of
						substances labeled, designed, or intended for use in preventing, destroying,
						repelling, or mitigating a pest, or a substance or mixture of substances
						labeled, designed, or intended for use as a defoliant, desiccant, or plant
						regulator, provided that the term "pesticide" will not include a substance,
						mixture of substances, or device that the U.S. Environmental Protection Agency
						does not consider to be a pesticide.
"Pre-ACP VOC content" means the lowest VOC content of an
						ACP product between January 1, 1990, and the date on which the application for
						a proposed ACP is submitted to the board, based on the data obtained from
						accurate records available to the board that yields the lowest VOC content for
						the product.
"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.
						Pressurized gas duster does not include dusting aids.
"Principal display panel" means that part of a label that
						is so designed as to most likely be displayed, presented, shown, or examined
						under normal and customary conditions of display or purchase. Whenever a
						principal display panel appears more than once, all requirements pertaining to
						the principal display panel shall pertain to all such principal display
						panels.
"Product brand name" means the name of the product
						exactly as it appears on the principal display panel of the product.
"Product category" means the applicable category that
						best describes the product as listed in this section and in Table 45-4A in
						9VAC5-45-430 A.
"Product form," for the purpose of complying with
						9VAC5-45-510 (notification, records and reporting) only, means the applicable
						form that most accurately describes the product's dispensing form as
						follows:
A = Aerosol Product.
S = Solid.
P = Pump Spray.
L = Liquid.