7 Del. Admin. Code § 1141-2.0
Terms used but not defined in 2.0 of this regulation shall have the meaning given them in 7 DE Admin. Code 1101 or the CAA in that order of priority.
"ACP (alternative control plan)" means an emissions averaging program, established and managed by a responsible ACP party which allows manufacturers to sell ACP products in the State of Delaware pursuant to the requirements of 2.0 of this regulation.
"ACP emissions" means the sum of the VOC emissions from every ACP product subject to an ACP, during the compliance period specified in the ACP, expressed to the nearest pound of VOC and calculated according to the following equation:
where,
where,
For all products except for charcoal lighter material products:
where,
A = 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 2.3.11 through 2.3.19 of this regulation.
For charcoal lighter material products only:
where,
Certified Emissions = emission levels for products specified 2.3.4.1 of this regulation;
Certified Use Rate = see "Certified use rate" in 2.2 of this regulation.
"ACP limit" means the maximum allowable ACP emissions during the compliance period specified in an ACP, expressed to the nearest pound of VOC and calculated according to the following equation:
where,
where,
Enforceable Sales = see "Enforceable sales" in 2.2 of this regulation
ACP Standard = see "ACP standard" in 2.2 of this regulation
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 2.3.1 of this regulation, except those products that have been exempted under 2.3 of this regulation, or exempted as innovative products under 2.4 of this regulation and is covered by an ACP established by the responsible ACP party.
"ACP reformulation or ACP reformulated" means the process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level which is less than the current VOC content of the product.
"ACP standard" means either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in 2.3.1 of this regulation, whichever is the lesser of the two.
"ACP VOC standard" means the maximum allowable VOC content for an ACP product, determined as follows:
VOC Standard = 0.020 pound CH2 per start / Certified Use Ratex 100
where,
0.020 = the certification emissions level as specified in 2.3.1 of this regulation.
Certified Use Rate = see "Certified use rate" in 2.2 of this regulation
"Adhesive" means any product that is applied for the purpose of bonding two surfaces together other than by mechanical means. 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.
"Adhesive remover" means a product designed to remove adhesives from a specific or a variety of substrates. Adhesive remover does not include products that remove adhesives intended exclusively for use on humans or animals.
For the purposes of this definition and adhesive remover subcategories (1) through (4) below, the term adhesive shall mean a substance used to bond one or more materials. Adhesive includes, but is not limited to: caulks; sealants; glues; or similar substances used for the purposes of forming a bond.
"Aerosol adhesive" means an aerosol product in which the spray mechanism is permanently housed in a non-refillable 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 container 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 which are intended for: (and defined for the purposes of this definition only):
"Air freshener" means any product including, but not limited to, sprays, wicks, wipes, diffusers, powders, and crystals, designed or labeled for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. Air freshener includes dual purpose air fresheners/disinfectant products. Air freshener does not include products that are used on the human body, products that function primarily as cleaning products as indicated on the product label, order remover/eliminator, toilet and urinal care product.
"All other carbon-containing compounds" means all other compounds which contain at least one carbon atom and are not exempt compounds or LVP-VOCs.
"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, (which includes the liquid-containing or liquid-impregnanted portion of the cloth or paper wipes (towelettes)) wicks, powders, and crystals.
"Anti-microbial hand or body cleaner or soap" means a cleaner or soap designed to reduce the level of microorganisms on the skin through germicidal activity. Anti-microbial hand or body cleaner or soap includes, but is not limited to, anti-microbial hand or body washes/cleaners, food-handler hand washes, healthcare personnel hand washes, pre-operative skin preparations and surgical scrubs. Anti-microbial hand or body cleaner or soap does not include prescription drug products, antiperspirants, astringent/toner, deodorant, facial cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing detergent (including anti-microbial), heavy-duty hand cleaner or soap, medicated astringent/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 percent in at least 50 percent 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 product does not include electronic cleaner, floor polish or wax, floor coating and products that meet the definition of aerosol coating product or architectural coating.
"Architectural coating" means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.
"Aromatic compound" means a carbon containing compound that contains one or more benzene or equivalent heterocyclic rings and has an initial boiling point less than or equal to 280° C. Aromatic compound does not include compounds excluded from the definition of VOC.
"Artist's solvent/thinner" means any liquid product, labeled to meet ASTM D4236-94 (March 1, 2005) Standard Practice for Labeling Art Materials for Chronic Health Hazards, and is packaged in a container equal to or less than 34 fluid ounces, labeled to reduce the viscosity of, and/or remove, art coating compositions or components.
"ASTM" means the American Society for Testing and Materials International.
"Astringent/toner" means any product not regulated as a drug by the United States Food and Drug Administration (FDA) which 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/medicated toner, cold cream, lotion, or antiperspirant.
"Automotive brake cleaner" means, for products manufactured before January 1, 2017, 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 a motor vehicle wax or polish which is:
"Automotive instant detailer" means a product designed for use in a pump spray that is applied to motor vehicle painted surfaces and wiped off prior to 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 motor vehicle painted surfaces without leaving a protective barrier.
"Automotive wax, polish, sealant or glaze" means a product designed to seal out moisture, increase gloss, or otherwise enhance motor vehicle 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 cleaner" means, for product manufactured on and after January 1, 2017, a product labeled and packaged as an automotive windshield cleaner in the form of a moistened towelette and is designed to be used on automobile windshields, automotive mirrors, and automotive headlights. The product must be labeled for automotive use only. Automotive windshield cleaner does not include automotive windshield washer fluid.
"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 does not include fluids placed by the manufacturer in a new vehicle.
"Bathroom and tile cleaner" means a product designed or labeled to clean tile or surfaces in bathrooms. Bathroom and tile cleaner does not include toilet/urinal care product.
"Brake cleaner" means, for products manufactured on or after January 1, 2017, a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.
"Bug and tar remover" means a product designed to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish:
"CARB" means the California Air Resources Board.
"Carburetor or fuel-injection air intake cleaners" means a product designed or labeled to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages. Carburetor or fuel-injection air intake cleaners does not include products designed or labeled exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors or products designed or labeled exclusively to be introduced during engine operation directly into air intake vacuum lines by using a pressurized sprayer wand.
"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 and/or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. Carpet and upholstery cleaner includes, but is not limited to, products that make fabric protectant claims. Carpet and upholstery cleaner does not include general purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.
"Certified use rate" means the usage level for charcoal lighter materials specified under 2.3.4 of this regulation, expressed to the nearest 0.001 pound of charcoal lighter materials 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: electrical starters and probes; metallic cylinders using paper tinder; natural gas; propane; and 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.
"Construction, panel, and floor covering adhesive" means any non-aerosol one-component adhesive that is designed or labeled for the installation, remodeling, maintenance, or repair of:
Construction, panel, and floor covering adhesive does not include floor seam sealer.
"Consumer" means any person who purchases, or acquires any 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: antiperspirants; detergents; deodorants; 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 2.0 of this regulation, consumer products shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial and commercial uses.
"Contact adhesive" means a non-aerosol adhesive that:
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:
"Contact person" means a representative or representatives that has been designated by the responsible ACP party for the purpose of reporting or maintaining any information specified in the ACP.
"Container/packaging" means the part or parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. Container/packaging includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached.
"Crawling bug insecticide" means any 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 any house dust mite product. For the purposes of this definition only:
"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.
"Delaware sales" means the sales (net pounds of product, less packaging and container, per year) in Delaware for a specified calendar year. If direct sales data for the State of Delaware are not available, sales may be estimated by prorating national or regional sales data by population.
"Deodorant" means:
"Deodorant body spray" means:
"Device" means any instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately there from.
"Disinfectant" means a product that is labeled as a disinfectant, or is labeled to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered as a disinfectant under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.) and Title 3 Del.C. Ch. 12. Products that are labeled as both a sanitizer and a disinfectant are considered disinfectants. Disinfectant does not include any of the following:
"Distributor" means any 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 requires the product container be shaken before use to mix the phases, producing an emulsion.
"Dry cleaning fluid" means any non-aqueous liquid product designed and labeled exclusively for use on: fabrics which are labeled "for dry clean only", such as clothing or drapery; or 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 Joint Industry Fabric Standards Committee.
"Dual purpose air freshener/disinfectant" means an aerosol product that is represented on the product container for use as both a disinfectant and an air freshener, or is so represented on any sticker, label, packaging, or literature attached to the product container.
"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 duster.
"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. Electric cleaner does not include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electrical cleaner, pressurized gas duster, engine degreaser, anti-static product or products designed to clean the casings or housings of electrical equipment.
"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 cleaner, general purpose degreaser, dusting aid, pressurized gas duster, engine degreaser, electrical cleaner, energized electrical cleaner, anti-static product, or products labeled to clean the casings or housings of electronic equipment. Electronic cleaner does not include any product that meets both of the following criteria:
"Energized electrical cleaners" means a product that meets both of the following criteria:
Energized electrical cleaner does not include electronic cleaner.
"Enforceable sales" means the total amount of an ACP product sold for use in the State of Delaware, during the applicable compliance period specified in the 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 any other Department-approved system of documentation from which the mass, in pounds (less product container and packaging), of an ACP product sold to the end user in the State of Delaware during the applicable compliance period can be accurately documented. For the purposes of 2.0 of this regulation, Enforceable sales records include, but are not limited to, the following types of records:
"Engine degreaser" means a cleaning product designed or labeled to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.
"Exempt compound" means any carbon-containing compound listed as an exception to the definition of VOC's in 7 DE Admin. Code 1101.
"Fabric protectant" means:
"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 and/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 product, carpet and upholstery cleaner, footwear or leather care product, spot remover, or disinfectant, or products labeled for application to both fabric and human skin.
"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/toner, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.
"Fat wood" means pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling. Fat wood does not include any kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.
"Flea and tick insecticide" means any 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, for products manufactured before January 1, 2017, 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 which may be subject to foot traffic.
"Floor polish or wax" means:
Floor polish or wax is divided into three categories: products for resilient flooring materials, products for nonresiliant flooring materials and wood floor wax. For the purposes of this definition:
"Floor seam sealer" means any 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 any 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 any 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/components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component. Footwear includes both leather and non-leather foot apparel. Footwear or leather care product does not include fabric protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric refresher, products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than 2 millimeters thick.
"Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of 2 mm. of Hg at 20 degrees C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.
"Furniture coating" means any 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 any other product labeled for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors, and other furniture surfaces including but not limited to acrylics, ceramic, plastics, stone surfaces, metal surfaces, and fiberglass. Furniture maintenance product does not include dusting aids, wood cleaners and products designed solely for the purpose of cleaning, or products designed to leave a permanent finish such as stains, sanding sealers and lacquers.
"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 any non-aerosol adhesive designed for use on a variety of substrates. General purpose adhesive does not include:
"General purpose cleaner" means a product labeled to clean a variety of hard surfaces, including small appliances. General purpose cleaner includes, but is not limited to, products designed or labeled for general floor cleaning, kitchen, countertop, or sink cleaning, and cleaners designed or labeled to be used on a variety of hard surfaces such as stovetops, cooktops, or microwaves.
"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/cleanser, or oven or grill cleaner, or products used exclusively in solvent cleaning tanks or related equipment, or products that are:
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, anti-microbial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent (including anti-microbial), heavy-duty hand cleaner or soap, medicated astringent/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 and stripper, nail polish remover, or spot remover. Products labeled for dual use as both a paint stripper and a graffiti remover are considered graffiti removers.
"Gross Delaware sales" means the estimated total State of Delaware sales of an ACP product during a specific compliance period (expressed to the nearest pound), based on either of the following methods, whichever the responsible ACP party determines will provide an accurate State of Delaware sales estimate:
"Hair mousse" means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.
"Hair shine" means any 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:
"Hair styling gel" means a consumer product manufactured before May 1, 2009 that is a high viscosity, often gelatinous, product that contains a resin and is designed for application to hair to aid in styling and sculpting of the hair coiffure.
"Hair styling product" means a consumer product manufactured on or after May 1, 2009, 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 hair style, and leave-in volumizers, detanglers and/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 definition, finish or finishing means the maintaining and/or holding of previously styled hair for a period of time and styling means 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, anti-microbial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, medicated astringent/medicated toner or rubbing alcohol.
"Herbicide" means a pesticide product designed to kill or retard a plant's growth, but excludes products that are; for agricultural use, or restricted materials that require a permit for use and possession.
"High-temperature coating" means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204° C (400° F).
"High volatility organic compound (HVOC)" means any volatile organic compound that exerts a vapor pressure greater than 80 mm Hg when measured at 20°C.
"Household product" means any 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 individuals, including the immediate surroundings.
"Industrial maintenance coating" means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats formulated for application to substrates, including floors, exposed to one or more of the following extreme environmental conditions listed below and labeled "For industrial use only", "For professional use only", "Not for residential use", or "Not intended for residential use".
"Insecticide" means a pesticide product that is designed for use against insects or other arthropods, but excluding products that are:
"Insecticide fogger" means any 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: 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 any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any 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 and/or provides specialized performance.
"Laundry starch/sizing/fabric finish product" means a product that is labeled 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/sizing/fabric finish 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 2.5.2 of this regulation, lawn and garden insecticides (aerosol) may claim to kill insects and other arthropods.
"Liquid" means a substance or mixture of substances which is capable of a visually detectable flow as determined under ASTM D-4359-90 (2006), incorporated by reference in 2.8.3 of this regulation. 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:
"LVP content" means the total weight, in pounds, of LVP-VOC compounds in an ACP product multiplied by 100 and divided by the product's total net weight, in pounds, excluding container and packaging, expressed to the nearest 0.1 percent.
" LVP-VOC" means a low vapor pressure chemical compound or mixture that contains at least one carbon atom and meets one of the following:
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 comprised of two or more chemical compounds.
"Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product.
"Medicated astringent/medicated toner" means any product regulated as a drug by the FDA which is applied to the skin for the purpose of cleaning or tightening pores. Medicated astringent/medicated toner includes, but is not limited to, clarifiers and substrate-impregnated products. Medicated astringent/medicated toner does not include hand, face, or body cleaner or soap products, personal fragrance products, astringent/toner, cold cream, lotion, antiperspirants, or products that must be purchased with a doctor's prescription.
"Medium volatility organic compound (MVOC)" means any volatile organic compound that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20°C.
"Metal polish/cleanser" means any product designed primarily to improve the appearance of finished metal, metallic, or metalized 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/cleanser includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals. Metal polish/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 record the required enforceable sales or VOC content data, as specified in the ACP.
"Mist spray adhesive" means any aerosol which is not a special purpose spray adhesive and which delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate.
"Multi-purpose dry lubricant" means any lubricant which is:
"Multi-purpose lubricant" means any lubricant designed for general purpose lubrication, or for use in a wide variety of applications. Multi-purpose lubricant does not include: multi-purpose dry lubricants; penetrants; or, silicone-based multi-purpose lubricants.
"Multi-purpose solvent" means:
"Nail polish" means any 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.
" Non-aerosol product" means any consumer product that is not dispensed by a pressurized spray system.
" Non-carbon containing compound" means any compound which does not contain carbon atoms.
" Non-resilient flooring" means, for products manufactured before January 1, 2017, flooring of a mineral content which is not flexible. Non-resilient flooring includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete.
" Non-selective terrestrial herbicide" means a terrestrial herbicide product that is toxic to plants without regard to species.
" One-product business" means a responsible ACP party which sells, supplies, offers for sale, or manufactures for use in the State of Delaware:
"OTC state" means any of the following, considered to be in the Ozone Transport Region as defined in the CAA and members of the Ozone Transport Commission (OTC): Connecticut, Delaware, District of Columbia, Maryland, Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Virginia and Vermont.
"Oven or grill cleaner" means a product labeled exclusively to remove baked on greases and/or deposits from food preparation and/or food cooking surfaces. A product that is labeled as an oven or grill cleaner that makes claims that it is suitable for degreasing other hard surfaces is a general purpose degreaser. A product that is labeled as an oven or grill cleaner that makes claims that it is suitable for cleaning other hard surfaces is a general purpose cleaner.
"Paint" means any pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.
"Paint remover or stripper" means any 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:
"Paint thinner" means, for products manufactured on or after January 1, 2017, any liquid product used for reducing the viscosity of coating compositions or components, that prominently displays the term "Paint Thinner", "Lacquer Thinner", "Thinner", or "Reducer" on the front panel of its packaging. Paint thinner does not include any of the following products:
"Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes. Penetrant does not include multi-purpose lubricants that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts.
"Personal fragrance product" means any product which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including cologne, perfume, aftershave and toilet water. Personal fragrance product does not include: deodorant; medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body; mouthwashes, breath fresheners and deodorizers; lotions, moisturizers, powders or other skin care products used primarily to alleviate skin conditions such as dryness and irritations; products designed exclusively for use on human genitalia; soaps, shampoos and products primarily used to clean the human body; and, fragrance products designed to be used exclusively on non-human animals.
"Pesticide" means any substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling or mitigating any pest, or any 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 any substance, mixture of substances, or device which the United States Environmental Protection Agency does not consider a pesticide. (EPA Office of Pesticide Programs or see http://www.epa.gov/pesticides/index.html.)
"Pre-ACP VOC content" means the lowest VOC content of an ACP product between January 1, 1990 and the date on which the ACP was established by the manufacturer, based on available Delaware sales records, or other accurate records, whichever yields the lowest VOC content for the product. If a valid ACP is in force in another state, product data from that state may be used if it yields the lowest VOC content for the product.
"Pressurized gas duster" means a pressured 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 mean dusting aid.
"Principal display panel or panels" means that part, or those parts of a label that are so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the principal display panel shall pertain to all such principal display panels.
"Product brand name" means the name of the product exactly as it appears on the principal display panel of the product.
"Product category" means the applicable category which best describes the product as listed in 2.2 and in Table 2-1 of this regulation.
"Product form" means, for the purposes of complying with 2.6 of this regulation only, the applicable form that most accurately describes the products' dispensing form as follows; A= aerosols, S= solids, L= liquid, P= pump spray, SS= semisolid, and O= other.
"Product line" means a group of products of identical form and function belonging to the same product category or categories.
"Propellant" means a liquefied or compressed gas that is used in whole or in part, such as a co-solvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container.
"Pump spray" means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.
"Reconcile or reconciliation" means to provide sufficient VOC emission reductions to completely offset any shortfalls generated under the ACP during an applicable compliance period.
"Reconciliation of shortfalls plan" means the plan to be implemented by the responsible ACP party when shortfalls have occurred, pursuant to 2.10.3.7.10 of this regulation.
"Responsible ACP party" means the company, firm or establishment which is listed on the ACP product's label. If the label lists two or more companies, firms, or establishments, the responsible ACP party is the party which the ACP product was "manufactured for" or "distributed by", as noted on the label.
"Responsible party" means the company, firm or establishment which is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party which the product was "manufactured for" or "distributed by", as noted on the label.
"Restricted materials" means pesticides established as restricted materials under Title 3 Del.C. Ch. 12 or under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Section 136 et seq.)
"Retailer" means any person who sells, supplies, or offers consumer products for sale directly to consumers.
"Retail outlet" means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers.
"Roll-on product" means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.
"Rubber/vinyl protectant" means:
"Rubbing alcohol" means any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage.
"Sanitizer" means, for products manufactured on and after January 1, 2017, a product that is labeled as a sanitizer, or labeled to reduce, but not necessarily eliminate, microorganisms in the air, on surfaces, or on inanimate objects, and whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA: 7 U.S.C. section 136 et seq.). Products that are labeled as both a sanitizer and a disinfectant are considered disinfectants. Sanitizer does not include disinfectant; products labeled solely for use on humans or animals; products labeled solely for agricultural use; products labeled for use in swimming pools, therapeutic tubs, or hot tubs; products which are labeled to be used on heat sensitive critical or semi-critical medical devices or medical equipment surfaces; products which are pre-moistened wipes or towelettes sold exclusively to medical, convalescent or veterinary establishments; products which are labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food; or products which are labeled as bathroom and tile cleaners; glass cleaners; general purpose cleaners; toilet/urinal care products; metal polishers; carpet cleaners; or fabric refreshers that may also make sanitizing or anti-microbial claims on the label.
"SCAQMD" means the South Coast Air Quality Management District, a part of the California Air Resources Board which is responsible for regulation of air quality in the State of California.
"Sealant and caulking compound" means any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces. Sealant and caulking compound does not include:
For the purposes of this definition only, removable caulking compound means a compound which temporarily seals windows or doors for three to six month time intervals, and clear/paintable/water resistant caulking compounds means a compound which contains no appreciable level of opaque fillers or pigments; transmits most or all visible light through the caulk when cured; is paintable; and is immediately resistant to precipitation upon application.
"Semisolid" means a product that, at room temperature, will not pour, but will spread or deform easily, including, but not limited to, gels, pastes, and greases.
"Shaving cream" means an aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial or other bodily hair. Shaving cream does not include shaving gel.
"Shaving gel" means an aerosol product which dispenses a post-forming semisolid designed to be used with a blade, cartridge razor, or other shaving system in the removal of facial or other bodily hair. Shaving gel does not include shaving cream.
"Shortfall" means the ACP emissions minus the ACP limit when the ACP emissions were greater than the ACP limit during a specified compliance period, expressed to the nearest pound of VOC. Shortfall does not include emissions occurring prior to the date the ACP was established.
"Silicone-based multi-purpose lubricant" means any lubricant which is:
"Single-phase aerosol air freshener" means an aerosol air freshener with the liquid contents in a single homogeneous phase and which does not require that the product container be shaken before use.
"Small business" means an independently owned and operated business with less than 100 employees as defined by the Administrator of the federal Small Business Administration pursuant to U. S. Public Law 85-536.
"Solid" means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D-4359-90, incorporated by reference in 2.8.3 of this regulation.
"Special purpose spray adhesive" means an aerosol adhesive that meets any of the following definitions:
For the purposes of this definition high pressure laminate means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265 degrees F, and at pressures between 1,000 and 1,400 psi.
"Spot remover" means any product labeled to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal. Spot remover does not include dry cleaning fluid, laundry pre-wash, or multi-purpose solvent.
"Spray buff product" means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.
"Stick product" means, for products manufactured before January 1, 2017, any antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the affected area.
"Structural waterproof adhesive" means an adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM-A-181 D (Type 1, Grade A).
"Surplus reduction" means the ACP limit minus the ACP emissions when the ACP limit was greater than the ACP emissions during a given compliance period, expressed to the nearest pound of VOC. Surplus reduction does not include emissions occurring prior to the date the ACP was established by the manufacturer.
"Surplus trading" means the buying, selling, or transfer of surplus reductions between responsible ACP parties.
"Temporary hair color" means, for products manufactured on or after January 1, 2017, any product that applies color, glitter, or UV-active pigments to hair, wigs, or fur and is removable when washed. Temporary hair color includes hair color mousses and products labeled to add texture or thickness to cover thinning/balding areas. Temporary hair color does not include hair spray, hair styling product or hair mousse.
"Terrestrial" means to live on or grow from land.
"Tire sealant and inflators" means any pressurized product that is designed to temporarily inflate and seal a leaking tire.
"Toilet/urinal care product" means any product designed or labeled to clean and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals includes, but is not limited to, toilets or urinals connected to permanent plumbing in buildings and other structures, portable toilets or urinals placed at temporary or remote locations, and toilets or urinals in vehicles such as buses, recreational motor homes, boats, ships and aircraft. Toilet/urinal care product does not include bathroom and tile cleaner or general purpose cleaner.
"Total maximum historical emissions (TMHE)" means the total VOC emissions from all ACP products for which the responsible ACP party has failed to record the required VOC content or enforceable sales records. The TMHE shall be calculated for each ACP product during each portion of a compliance period for which the responsible ACP party has failed to record the required VOC content or enforceable sales records. The TMHE shall be expressed to the nearest pound and calculated according to the following calculation:
TMHE = (MHE)1 + (MHE)2 + .(MHE)N
where,
MHE = (Highest VOC Content x Highest Sales) / 100 x 365 x Missing Data Days)
Highest VOC Content = the maximum VOC content which the ACP product has contained in the previous 5 years, if the responsible ACP party has failed to meet the requirements for recording VOC content data (for any portion of the compliance period), as specified in the ACP, or the current actual VOC content, if the responsible ACP party has recorded all required VOC content data (for the entire compliance period), as specified in the ACP;
Highest Sales = the maximum one-year gross State of Delaware sales of the ACP product in the previous 5 years, if the responsible ACP party has failed to meet the requirements for recording enforceable sales records (for any portion of the compliance period), as specified in the ACP, or the current actual one-year enforceable sales for the product, if the responsible ACP party has recorded all required enforceable sales records (for the entire compliance period), as specified in the ACP;
Missing Data Days = see "Missing data days" in 2.2 of this regulation;
1, 2, ..., N = each product in an ACP, up to the maximum N, for which the responsible ACP party has failed to record the required enforceable sales or VOC content data as specified in the ACP.
"Type A propellant" means a compressed gas such as CO2, N2, N2O, or compressed air which is used as a propellant, and is either incorporated with the product or contained in a separate chamber within the product's packaging.
"Type B propellant" means any halocarbon which is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).
"Type C propellant" means any propellant which is not a Type A or Type B propellant, including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide).
"Undercoating" means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to prevent the formation of rust or to deaden sound. Undercoating includes, but is not limited to, rubberized, mastic, or asphaltic products.
"Usage directions" means the text or graphics on the product's principal display panel, label, or accompanying literature which describes to the end user how and in what quantity the product is to be used.
"Vinyl/fabric/leather/polycarbonate coating" means a coating designed and labeled exclusively to coat vinyl, fabric, leather or polycarbonate substrates.
"VOC content" means, except for charcoal lighter products, the total weight of VOC in a product expressed as a percentage of the product weight (exclusive of the container or packaging), as determined pursuant to 2.8.1 and 2.8.2 of this regulation.
For charcoal lighter products only,
where,
Certified Emissions = emissions level for products specified in 2.3.4 of this regulation;
Certified Use Rate = usage level for products specified in 2.3.4 of this regulation.
"Wasp and hornet insecticide" means any insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects, or their hiding place.
"Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates. Waterproofer does not include fabric protectants.
"Wax" means a material or synthetic thermoplastic substance generally composed of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics). Wax includes, but is not limited to, substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.
"Web spray adhesive" means any aerosol adhesive which is not a mist spray or special purpose spray adhesive.
"Wood cleaner" means a product labeled to clean wooden materials including, but not limited to, decking, fences, flooring, logs, cabinetry, and furniture. Wood cleaner does not include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper, floor polish or wax, or products designed and labeled exclusively to preserve or color wood.
"Wood floor wax" means, for products manufactured before January 1, 2017, wax-based products for use solely on wood floors.
"Working day" means any day between Monday through Friday, inclusive, except for days that are federal holidays.
"Zinc-rich primer" means a coating that meets all the following specifications:
No person shall sell, supply, or offer for sale on and after January 1, 2005 any charcoal lighter material product unless at the time of the transaction:
NOTE: ITEMS 2.3.11 THROUGH 2.3.19 CONSTITUTE MISCELLANEOUS EXEMPTIONS
The VOC limits specified in 2.3.1 of this regulation for contact adhesive do not apply to units of product, less packaging, which consist of more than one gallon. [The VOC limits specified in 2.3.1 of this regulation for construction, panel and floor covering adhesive and for general purpose adhesive do not apply to units of product, less packaging, which consist of more than one pound and more than 16 fluid ounces.]
For the purposes of this definition, a product is "flammable" or extremely flammable if it is labeled "Flammable" or "Extremely Flammable" on the product container or meets the criteria for those terms specified in 16 CFR 1500.3(c)(6); and
where:
ER = The VOC emissions from the non-complying representative product, had it been reformulated.
ENC = The VOC emissions from the non-complying representative product in its current formulation.
VOCSTD = the VOC limit specified in 2.3.1 (Table 2-1) of this regulation.
VOCNC = the VOC content of the non-complying product in its current formulation.
If a manufacturer demonstrates that this equation yields inaccurate results due to some characteristic of the product formulation or other factors, an alternative method which accurately calculates emissions may be used upon approval of the Department.
In addition, the applicant must provide any information necessary to enable the Department to establish enforceable conditions for granting the exemption including the VOC content for the innovative product and test methods for determining the VOC content. All information submitted to the Department is subject to public review under terms of the Freedom of Information Act (FOIA) (to be found at Title 29 Del.C. Ch. 100), unless deemed to be confidential by the Secretary in accordance with the procedures outlined in the FOIA regulation and codified at 8 DE Admin. Code 900. The procedure an applicant must follow in order to have information classified as confidential is reviewed in the DNREC FOIA regulation which can be obtained from the Department.
If a manufacturer has been refused an IPE or had an IPE revoked by the CARB or any OTC state, details shall be included in the application.
YYDDD = 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 the product was manufactured, with 001 representing the first day of the year, 002 representing the second day of the year, etc. (the Julian date).
Date-codes and date-code explanations indicating the date of manufacture are considered public information and will not be kept confidential.
If the product is included in an ACP, and the product exceeds the applicable VOC standard specified in 2.3.1 (Table 2-1) of this regulation, the product shall be labeled with the term ACP or ACP product.
The applicant may wish to have some information treated as confidential. Procedures for establishing confidentiality are specified in 2.10.12 of this regulation. The Department may consider such confidential information in reaching a decision on a variance application.
Alternative methods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval by the Department.
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 2.3 of this regulation, per unit
Each part of 2.0 of this regulation shall be deemed severable, and in the event that any part of 2.0 of this regulation is held to be invalid, the remainder of 2.0 of this regulation shall continue in full force and effect.
The purpose of 2.10 of this regulation is to provide an alternative method [an alternative control plan (ACP)] to comply with the Table 2-1 of this regulation limits specified in 2.3.1 of this regulation. This alternative is provided by allowing responsible ACP parties the option of voluntarily entering into separate alternative control plans for consumer products, as specified herein. Only responsible ACP parties for consumer products may establish an ACP.
To establish an ACP the responsible ACP party shall develop a file of information containing all of the following, which shall be kept current and available to the Department upon request as specified in 2.10.4.2 of this regulation and maintained for at least three years after such records are generated:
NEV = (ACP Emissions - ACP Limit) x 1 Violation / 40 Pounds
where,
NEV = number of ACP limit violations;
ACP emissions = the ACP emissions for the compliance period;
ACP limit = the ACP limit for the compliance period;
The responsible ACP party may determine the number of ACP limit violations pursuant to this paragraph only if it has provided all required information for the applicable compliance period, as specified in the ACP. By choosing this option, the responsible ACP party waives any and all legal objections to the calculation of the ACP limit violations pursuant to 2.10.6.7 of this regulation.
For each modification, the notification shall fully explain the following:
The Department shall not modify the ACP without first affording the responsible ACP party an opportunity for a public hearing to determine if the ACP should be modified.
The information required by 2.10.3.1, 2.10.3.2, and 2.10.7.2.8 of this regulation is public information which may not be claimed as confidential. All information submitted to the Department is subject to public review under terms of the Freedom of Information Act (FOIA) (to be found at 29 Del.C. Ch. 100), unless deemed to be confidential by the Secretary in accordance with the procedures outlined in the FOIA regulation and codified at 29 Del.C. § 10002(d). The procedure an applicant must follow in order to have information classified as confidential is reviewed in the FOIA regulation which can be obtained from the Department.
A responsible ACP party may transfer an ACP to another responsible ACP party, provided that all of the following conditions are met:
The following Delaware rules are referred to in 2.0 of this regulation and are required to fully understand the provisions of 2.0 of this regulation. Copies of these related rules may be obtained through the State of Delaware web site http://www.delaware.gov, by writing to State of Delaware, Department of Natural Resources and Environmental Control, Division of Air and Waste Management, 715 Grantham Lane, New Castle, Delaware 19720 or by calling 302-323-4542.
TABLE 2-1
VOC CONTENT LIMITS FOR CONSUMER PRODUCTS
(percent volatile organic compounds by weight)
| Product Category | VOC Content Limit | |||
| Effective Date 1/1/2005 | Effective Date 5/1/2009 | Effective 1/1/2017 | ||
| Adhesive Removers: | ||||
| Floor or Wall Covering | 5 | |||
| Gasket or Thread Locking | 50 | |||
| General Purpose | 20 | |||
| Specialty | 70 | |||
| Adhesives: | ||||
| Aerosol Mist Spray | 65 | |||
| Aerosol Web Spray | 55 | |||
| Special Purpose Spray Adhesives: | ||||
| Mounting, Automotive Engine | ||||
| Compartment and Flexible Vinyl | 70 | |||
| Polystyrene Foam and Automotive | ||||
| Headliner | 65 | |||
| Polyolefin and Laminate Repair/ | ||||
| Edgebanding | 60 | |||
| Construction, Panel and Floor | 15 | 7 | ||
| Contact | 80* | |||
| Contact, General Purpose | 55 | |||
| Contact Special Purpose | 80 | |||
| General Purpose | 10* | |||
| Structural Waterproof | 15* | |||
| Air Fresheners: | ||||
| Single-phase Aerosols | 30 | |||
| Double-phase Aerosols | 25 | |||
| Dual Purpose Air Freshener/Disinfectant, Aerosol | 60 | |||
| Liquids/Pump Sprays | 18* | |||
| Solids/Semisolids | 3* | |||
| Antiperspirants: | ||||
| Aerosol | 40 HVOC | |||
| 10 MVOC | ||||
| Non-aerosol | 0 HVOC | |||
| 0 MVOC | ||||
| Anti-static Product | ||||
| Aerosol | 80 | |||
| Non-aerosol | 11 | |||
| Automotive Brake Cleaners | 45 | N/A | ||
| Automotive Rubbing or Polishing Compound | 17 | |||
| Automotive Wax, Polish, Sealant or Glaze: | ||||
| Hard Paste Waxes | 45 | |||
| Instant Detailers | 3 | |||
| All Other Forms | 15 | |||
| Automotive Windshield Cleaner | 35 | |||
| Automotive Windshield Washer Fluids | 35 | |||
| Bathroom and Tile Cleaners | ||||
| Aerosols | 7 | |||
| All Other Forms | 5 | N/A | ||
| Non-aerosol | 1 | |||
| Brake Cleaner | 10 | |||
| Bug and Tar Remover | 40 | |||
| Carburetor or Fuel-Injection Air Intake Cleaners | 45 | 10 | ||
| Carpet & Upholstery Cleaners | ||||
| Aerosols | 7 | |||
| Non-aerosols (dilutable) | 0.1 | |||
| (ready-to-use): | 3.0 | |||
| Charcoal Lighter Material | 2.3.4 this regulation* | |||
| Cooking Spray, Aerosol | 18 * | |||
| Deodorants: | ||||
| Aerosol | 0 HVOC | |||
| 10 MVOC | ||||
| Non-aerosol | 0 HVOC | |||
| 0 MVOC | ||||
| Disinfectant | ||||
| Aerosol | 70 | |||
| Non-aerosol | 1 | |||
| Dusting Aids: | ||||
| Aerosol | 25 | |||
| All other forms | 7* | |||
| Electrical Cleaner | 45 | |||
| Electronic Cleaner | 75 | |||
| Engine Degreasers: | ||||
| Aerosol | 35 | 10 | ||
| Non-aerosol | 5 | |||
| Fabric Protectants | 60 | |||
| Fabric Refresher: | ||||
| Aerosol | 15 | |||
| Non-aerosol | 6 | |||
| Floor Polishes/waxes: | ||||
| Resilient Flooring Materials | 7 * | 1 | ||
| Non-Resilient Flooring Materials | 10 * | 1 | ||
| Wood Floor Wax | 90 * | |||
| Floor Wax Strippers, non-aerosol | 2.3.6 this regulation | |||
| Footwear or Leather Care Products: | ||||
| Aerosol | 75 | |||
| Solid | 55 | |||
| All other forms | 15 | |||
| Furniture Maintenance Products: | ||||
| Aerosol | 17 | |||
| All other forms except solid or paste | 7 | N/A | ||
| Non-aerosol (except solid or paste) | 3 | |||
| General Purpose Cleaners: | ||||
| Aerosol | 10 | 8 | ||
| Non-aerosol | 4 | |||
| General Purpose Degreaser | ||||
| Aerosol | 50 | 10 | ||
| Non-aerosol | 4 | |||
| Glass Cleaners: | ||||
| Aerosol | 12 * | |||
| Non-aerosol | 4 | |||
| Graffiti Removers: | ||||
| Aerosol | 50 | |||
| Non-aerosol | 30 | |||
| Hair Mousse | 6 | |||
| Hair Shine | 55 | |||
| Hair Spray | 55 | |||
| Hair Styling Gel | 6 * | |||
| Hair Styling Products: | ||||
| Aerosol and Pump sprays | 6 | |||
| All other forms | 2 | |||
| Heavy Duty Hand Cleaner or Soap | 8 | |||
| Insecticide: | ||||
| Crawling Bug (aerosol) | 15 | |||
| Crawling Bug (all other forms) | 20 | |||
| Flea and Tick | 25 | |||
| Flying Bug (aerosol) | 25 | |||
| Flying Bug (all other forms) | 35 | |||
| Foggers | 45 | |||
| Lawn & Garden (all other forms) | 20 | |||
| Lawn & Garden (non-aerosol) | 3 | |||
| Wasp & Hornet | 40 | |||
| Laundry Prewash: | ||||
| Aerosol/Solid | 22 | |||
| All other forms | 5 | |||
| Laundry Starch/Sizing/Fabric Finish Product | 5 | 4.5 | ||
| Metal Polish/Cleanser | 30 | |||
| Multi-purpose Lubricant (excluding solid or semi-solid product) | 50 | |||
| Multi-Purpose Solvent | 3 | |||
| Nail Polish Remover | 75 | 1 | ||
| Non-selective Terrestrial Herbicide | ||||
| Non-aerosol | 3 | |||
| Oven or Grill Cleaners | ||||
| Aerosol/Pump spray | 8 | |||
| Liquid | 5 | N/A | ||
| Non-aerosol | 4 | |||
| Paint Remover or Stripper | 50 | |||
| Paint Thinner | 3 | |||
| Penetrants | 50 | |||
| Rubber / Vinyl Protectant | ||||
| Non-aerosol | 3 | |||
| Aerosol | 10 | |||
| Sanitizer | ||||
| Aerosol | 70 | |||
| Non-aerosol | 1 | |||
| Sealant & Caulking Compound | 4 | |||
| Shaving Cream | 5 | |||
| Shaving Gel | 7 | 4 | ||
| Silicone-based Multi-purpose Lubricants (excluding solid or semi-solid product) | 60 | |||
| Spot Remover | ||||
| Aerosol | 25 | |||
| Non-aerosol | 8 | |||
| Temporary Hair Color, aerosol | 55 | |||
| Tire Sealant and Inflators | 20 | |||
| Toilet/Urinal Care: | ||||
| Aerosol | 10 | |||
| Non-aerosol | 3 | |||
| Undercoating, Aerosol | 40 | |||
| Wood Cleaner: | ||||
| Aerosol | 17 | |||
| Non-aerosol | 4 | |||
Notes: N/A Not applicable
* Limits and definition unchanged from 9/11/98 federal rule
04/11/2010
7 Del. Admin. Code § 1141-2.0
19 DE Reg. 770 (2/1/2016)
20 DE Reg. 465 (12/1/2016) (Final)