Md. Code Regs. 26.11.32.03
Current through Register Vol. 51, No. 22, November 1, 2024
Section 26.11.32.03 - DefinitionsA. In this chapter, the following terms have the meanings indicated.B. Terms Defined. (1) "ACP" means alternative control plan as defined in this section.(2) "ACP agreement" means a document signed by the Department that: (a) Includes the conditions and requirements of the ACP; and(b) Allows manufacturers to sell ACP products in the State under the requirements of this chapter.(3) "ACP emissions" means the sum of the VOC emissions from every ACP product subject to an ACP agreement during the compliance period specified in the ACP agreement, expressed to the nearest pound of VOC and calculated according to the following equation: ACP Emissions = (Emissions)1 + (Emissions)2 + . . . + (Emissions)N
where:
(a) Emissions = (VOC Content) x (Enforceable Sales) / 100;(b) For all products, except for charcoal lighter material products: VOC Content = (B - C) x 100 / A
where:
(i) A = net weight of unit (excluding container and packaging);(ii) B = total weight of all VOCs per unit; and(iii) C = total weight of all exempted VOCs per unit, as specified in Regulation .01 of this chapter;(c) For charcoal lighter material products only: VOC Content = (Certified Emissions x 100) / Certified Use Rate where:
(i) Certified Emissions = the emissions level for products approved by the Department under Regulation .05 of this chapter, as determined under the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 28, 1991), expressed to the nearest 0.001 pound CH2 per start; and(ii) Certified Use Rate = the usage level for products approved by the Department under Regulation .05 of this chapter, as determined under the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 28, 1991), expressed to the nearest 0.001 pound certified product used per start.(4) "ACP limit" means the maximum allowable ACP emissions during the compliance period specified in an ACP agreement, expressed to the nearest pound of VOC and calculated according to the following equation: ACP Limit = (Limit)1 + (Limit)2 + . . . + (Limit)N
where:
(a) Limit = (ACP Standard) x (Enforceable Sales) / 100;(b) Enforceable Sales = the total amount of an ACP product sold for use in the State during the applicable compliance period specified in the ACP agreement, as determined through enforceable sales records (expressed to the nearest pound, excluding container and packaging);(c) ACP Standard = either the ACP product's Pre-ACP VOC content, or the applicable VOC standard specified in Regulation .04B of this chapter, whichever is less;(d) Pre-ACP VOC Content = the lowest VOC content which the ACP product had between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Department, based on either the data on the product obtained from the March 12, 1991, California Air Resources Board (CARB) Consumer Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product;(e) 1,2,...N = each product in an ACP up to the maximum N.(5) "ACP product" means a consumer product subject to the VOC standards in Regulation.04B of this chapter, except those products that have been exempted under Regulations .01, .11, or .12 of this chapter.(6) "ACP reformulation" means the process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level that is less than the current VOC content of the product.(7) "ACP standard" means either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in Regulation .04B of this chapter, whichever is less.(8) "ACP VOC standard" means the maximum allowable VOC content for an ACP product, determined as follows: (a) The applicable VOC standard specified in Regulation .04B of this chapter for all ACP products except charcoal lighter material; or(b) For charcoal lighter material products only, the VOC standard for the purposes of this chapter shall be calculated according to the following equation: VOC Standard = (0.020 pound CH2 per start x 100) / Certified Use Rate
where:
(i) 0.020 = the certification emissions level for the Department-approved product, as specified in Regulation .05 of this chapter; and(ii) Certified Use Rate = the usage level for products approved by the Department under Regulation .05 of this chapter, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 28, 1991), expressed to the nearest 0.001 pound certified product used per start.(9) Adhesive. (a) "Adhesive" means a product that is used to bond one surface to another surface by attachment.(b) "Adhesive" does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or other products with an adhesive incorporated onto or in an inert substrate.(10) Adhesive Remover.(a) "Adhesive remover" means a product designed to remove adhesives, including caulks, sealants, glues, or similar substances used for the purpose of forming a bond, from either a specific substrate or a variety of substrates.(b) "Adhesive remover" does not include products that remove adhesives intended exclusively for use on humans or animals.(11) Aerosol Adhesive.(a) "Aerosol adhesive" means an aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment.(b) "Aerosol adhesive" includes special purpose spray adhesives, mist spray adhesives, and web spray adhesives.(12) "Aerosol cooking spray" means an aerosol product that is designed to reduce sticking on cooking and baking surfaces or be applied on food.(13) Aerosol Product. (a) "Aerosol product" means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container or by means of mechanically induced force.(b) "Aerosol product" does not include pump spray.(14) Agricultural Use. (a) "Agricultural use" means the use of a pesticide or method or device for the control of pests in connection with the commercial production, storage, or processing of an animal or plant crop.(b) "Agricultural use" does not include the sale or use of pesticides in properly labeled packages or containers that are intended for:(i) Use in a household or its immediate environment;(ii) Use requiring a license under COMAR 15.05.01.03 a;(iii) Use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites; or(15) Air Freshener. (a) "Air freshener" means any product designed or labeled for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air.(b) "Air freshener" includes sprays, wicks, wipes, diffusers, powders, crystals, liquids, semisolids, solids, or aerosol or pump sprays, and dual purpose air freshener/disinfectant products.(c) "Air freshener" does not include:(i) A product that is used on the human body; or (ii) A product that functions primarily as a cleaning product, as indicated on a product label, odor remover/eliminator product or toilet/urinal care product. (16) "All other carbon-containing compounds" means all compounds which contain at least 1 carbon atom and are not a "Table B" compound or a "LVP-VOC".(17) All Other Forms. (a) "All other forms" means all consumer product forms for which no form-specific VOC standard is specified.(b) "All other forms" includes, unless specified otherwise by the applicable VOC standard, solids, liquids, including pre-moistened cloth or paper wipes (towelettes), wicks, powders and crystals.(18) "Alternative control plan (ACP)" means an emissions averaging program approved by the Department under the provisions of this chapter.(19) Antimicrobial Hand or Body Cleaner or Soap.(a) "Antimicrobial hand or body cleaner or soap" means a cleaner or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity.(b) "Antimicrobial hand or body cleaner or soap" includes antimicrobial hand or body washes or cleaners, foodhandler hand washes, healthcare personnel hand washes, preoperative skin preparations, and surgical scrubs.(c) "Antimicrobial hand or body cleaner or soap" does not include prescription drug products, antiperspirants, astringent/toner, deodorants, facial cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing detergent (including antimicrobial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.(20) Antiperspirant. (a) "Antiperspirant" means a product that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20 percent in at least 50 percent of a target population.(b) "Antiperspirant" includes aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles.(21) Anti-Static Product.(a) "Anti-static product" means a product that is labeled to eliminate, prevent, or inhibit the accumulation of static.(b) "Anti-static product" does not include electronic cleaner, floor polish or wax, or floor coating.(22) "Architectural coating" means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.(22-1) Aromatic compound. (a) "Aromatic compound" means a carbon-containing compound that contains one or more benzene or equivalent heterocyclic rings and has an initial boiling point less than or equal to 280 degrees C.(b) "Aromatic compound" does not include compounds excluded from the definition of Volatile organic compound (VOC) under COMAR 26.11.01.01B.(22-2) Artist's solvent/thinner. "Artist's solvent/thinner" means any liquid product that: (a) Has a label that meets the requirements of ASTM D4236-94 (Reapproved 2011), Standard Practice for Labeling Art Materials for Chronic Health Hazards; and(b) Is labeled to reduce the viscosity of, or remove, art coating compositions or components.(23) "ASTM" means the American Society for Testing and Materials.(24) Astringent/Toner. (a) "Astringent/toner" means a product not regulated as a drug by the U.S. Food and Drug Administration (FDA) and which is applied to the skin for the purpose of cleaning or tightening pores.(b) "Astringent/toner" includes clarifiers and substrate-impregnated products.(c) "Astringent/toner" does not include a hand, face, or body cleaner or soap product, medicated astringent/medicated toner, cold cream, lotion, or antiperspirant.(25) "Automobile headliner adhesive" means an aerosol adhesive designed to bond together layers in motor vehicle headliners.(26) "Automotive brake cleaner" means a cleaning product manufactured before January 1, 2018 that is designed or labeled to remove oil, grease, brake fluid, brake pad material, or dirt from motor vehicle brake mechanisms.(27) "Automotive engine compartment adhesive" means an aerosol adhesive designed for use in motor vehicle under-the-hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures of 200-275°F.(28) "Automotive hard paste wax" means an automotive wax or polish that is designed to protect and improve the appearance of automotive paint surfaces, is a solid at room temperature, and contains no water by formulation.(29) "Automotive instant detailer" means a product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped off before the product is allowed to dry.(30) "Automotive rubbing or polishing compound" means a product designed primarily to remove oxidation, old paint, scratches or "swirl marks", and other defects from the painted surfaces of motor vehicles without leaving a protective barrier.(31) Automotive Wax, Polish, Sealant, or Glaze. (a) "Automotive wax, polish, sealant, or glaze" means a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle's painted surfaces.(b) "Automotive wax, polish, sealant, or glaze" includes products designed for use in autobody repair shops and drive-through car washes, and by the general public.(c) "Automotive wax, polish, sealant, or glaze" does not include automotive rubbing or polishing compounds, automotive wash and wax products, surfactant-containing car wash products, or products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic.(31-1) Automotive Windshield Cleaner. (a) "Automotive windshield cleaner" means a product manufactured on and after January 1, 2018 that: (i) Is labeled and packaged as an automotive windshield cleaner in the form of a pre-moistened towellete;(ii) Is labeled "automotive use only"; and(iii) Is designed to be used on automotive windshields, automotive mirrors, and automotive headlights. (b) "Automotive windshield cleaner" does not include automotive windshield washer fluid.(32) Automotive Windshield Washer Fluid. (a) "Automotive windshield washer fluid" means a liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield.(b) "Automotive windshield washer fluid" does not include fluids placed by the manufacturer in a new vehicle.(33) "Bait station insecticide" means a container enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than 5 percent active ingredients.(34) Bathroom and Tile Cleaner. (a) "Bathroom and tile cleaner" means a product designed or labeled to clean tile or surfaces in bathrooms.(b) "Bathroom and tile cleaner" does not include odor remover/eliminator and toilet/urinal care products. (34-1) "Brake cleaner" means a cleaning product manufactured on or after January 1, 2018 that is designed or labeled to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.(35) "Bug and tar remover" means a product labeled to remove from painted motor vehicle surfaces, without causing damage to the finish, either or both of the following: (a) Biological-type residues such as insect carcasses and tree sap; or(b) Road grime such as road tar, roadway paint markings, and asphalt.(36) "CARB" means the California Air Resources Board.(37) Carburetor or Fuel-Injection Air Intake Cleaner. (a) "Carburetor or fuel-injection air intake cleaner" means a product designed or labeled to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages.(b) "Carburetor or fuel-injection air intake cleaner" does not include: (i) Products designed or labeled exclusively to be introduced directly into the fuel lines or fuel storage tank before introduction into the carburetor or fuel injectors; or(ii) Products designed or labeled exclusively to be introduced during engine operation directly into air intake vacuum lines by using a pressurized sprayer wand.(38) Carpet and Upholstery Cleaner. (a) "Carpet and upholstery cleaner" means a cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting, the interior of motor vehicles, household furniture, or objects upholstered or covered with fabrics such as wool, cotton, nylon, or other synthetic fabrics.(b) "Carpet and upholstery cleaner" includes products that make fabric protectant claims.(c) "Carpet and upholstery cleaner" does not include general purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.(39) Charcoal Lighter Material. (a) "Charcoal lighter material" means a combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition.(b) "Charcoal lighter material" does not include electrical starters and probes, metallic cylinders using paper tinder, natural gas, propane, and fat wood.(39-1) "Clear coating" means a transparent coating usually applied over a colored opaque coating, metallic substrate, or placard to give improved gloss and protection to the color coat.(40) "Clear, paintable, water resistant caulking compound" means a compound which:(a) Contains no appreciable level of opaque fillers or pigments;(b) Transmits most or all visible light through the caulk when cured;(d) Is immediately resistant to precipitation upon application.(41) "Colorant" means a pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.(42) "Compliance period" means the period of time, not to exceed 1 year, for which the ACP limit and ACP emissions are calculated and for which compliance with the ACP limit is determined, as specified in the ACP agreement.(43) Construction, Panel, and Floor Covering Adhesive.(a) "Construction, panel, and floor covering adhesive" means a one-component adhesive that is designed exclusively for the installation, remodeling, maintenance, or repair of: (i) Structural and building components including beams, trusses, studs, ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, flooring or subflooring, and paneling; or(ii) Floor or wall coverings including wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring material, mirror tiles and other types of tiles, and artificial grass.(b) "Construction, panel, and floor covering adhesive" does not include floor seam sealer.(44) Consumer. (a) "Consumer" means a person who purchases or acquires a consumer product for personal, family, household, or institutional use.(b) "Consumer" does not include a person who acquires a consumer product for resale.(45) Consumer Product. (a) "Consumer product" means a chemically formulated product used by household or institutional consumers.(b) "Consumer product" includes detergents, cleaning compounds, polishes, floor finishes, cosmetics, personal care products, home, lawn, and garden products, disinfectants, sanitizers, aerosol paints, automotive specialty products, and aerosol adhesives for consumer, industrial, or commercial uses.(c) "Consumer product" does not include paint products other than those listed under §B(45)(b) of this regulation, furniture coatings, or architectural coatings.(46) Contact Adhesive.(a) "Contact adhesive" means a non-aerosol adhesive that: (i) Is designed for application to two surfaces to be bonded together;(ii) Is allowed to dry before the two surfaces are placed in contact with each other;(iii) Forms an immediate bond that is impossible or difficult to reposition after both adhesive-coated surfaces are placed in contact with each other; and(iv) Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces.(b) "Contact adhesive" does not include rubber cements intended primarily for use on paper substrates and vulcanizing fluids that are designed and labeled for tire repair only.(47) "Contact adhesive-general purpose" means any contact adhesive that is not a contact adhesive-special purpose.(48) "Contact adhesive-special purpose" means a contact adhesive that: (a) Is used to bond melamine-covered board, unprimed metal, unsupported vinyl, polytetrafluoroethylene or closely related fluoropolymer (for example, Teflon(r)), ultra-high molecular weight polyethylene, rubber, high pressure laminate, or wood veneer 1/16 inch or less in thickness to any porous or nonporous surface, and is sold in units of product, less packaging, that contain more than 8 fluid ounces;(b) Is used in automotive applications that are:(i) Automotive under-the-hood applications requiring heat, oil, or gasoline resistance; and(ii) Body-side molding, automotive weather stripping, or decorative trim.(49) "Contact person" means a representative that has been designated by the responsible ACP party for the purpose of reporting or maintaining information specified in the ACP agreement.(50) Container or Packaging. (a) "Container or packaging" means the part or parts of the consumer or institutional product that serve only to contain, enclose, incorporate, deliver, dispense, wrap, or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended.(b) "Container or packaging" includes an article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed, or attached.(51) Crawling Bug Insecticide. (a) "Crawling bug insecticide" means an insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including, mites, silverfish, and spiders.(b) "Crawling bug insecticide" does not include:(i) A product designed to be used exclusively on humans or animals; or(ii) A product whose label, packaging, or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling arthropods.(52) "Date-code" means the day, month, and year on which the consumer product was manufactured, filled, or packaged, or a code indicating that date.(53) Deodorant. (a) "Deodorant" means: (i) For products manufactured before January 1, 2009, a product that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria that cause the decomposition of perspiration; and(ii) For products manufactured on or after January 1, 2009, a product that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that the product can be used on or applied to the human axilla to provide a scent or minimize odor.(b) "Deodorant" includes aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles.(54) "Deodorant body spray" means:(a) For products manufactured before January 1, 2009, a personal fragrance product with 20 percent or less fragrance; and(b) For products manufactured on or after January 1, 2009, a personal fragrance product with 20 percent or less fragrance, that is designed for application all over the human body to provide a scent.(55) Device. (a) "Device" means an instrument or contrivance other than a firearm that is designed for trapping, destroying, repelling, or mitigating pests, or other forms of plant or animal life other than man and other than bacteria, virus, or other microorganisms on or in living man or other living animals.(b) "Device" does not include equipment used for the application of pesticides when sold separately from the pesticide.(56) Disinfectant. (a) "Disinfectant" means a product that is designed or labeled as a disinfectant, or is labeled for use to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and for which the label is registered as a disinfectant under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq.(b) Disinfectant" includes products that are designed or labeled as both a sanitizer and a disinfectant.(c) "Disinfectant" does not include: (i) Products designed or labeled solely for use on humans or animals;(ii) Products designed or labeled solely for agricultural use;(iii) Products designed or labeled solely for use in swimming pools, therapeutic tubs, or hot tubs;(iv) Products designed or labeled to be used on heat sensitive critical or semi-critical medical devices or medical equipment surfaces;(v) Products that are pre-moistened wipes or towelettes sold exclusively to medical, convalescent, or veterinary establishments;(vi) Products designed or labeled to be applied to food-contact surfaces that are not required to be rinsed off prior to contact with food; or(vii) Products designed or labeled as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet/urinal care products, metal polishes, carpet cleaners, or fabric refreshers regardless of any disinfecting or anti-microbial claims on the label.(57) Distributor. (a) "Distributor" means a person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce.(b) "Distributor" does not include manufacturers, retailers, or consumers.(58) "Double phase air freshener" means an aerosol air freshener with liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion.(59) Dry Cleaning Fluid.(a) "Dry cleaning fluid" means a non-aqueous liquid product designed and labeled exclusively for use on: (i) Fabrics which are labeled "for dry clean only", such as clothing or drapery; or(ii) Upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee.(b) "Dry cleaning fluid" includes products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at a customer's residence or work place.(c) "Dry cleaning fluid" does not include spot remover or carpet and upholstery cleaner.(59-1) "Dual purpose air freshener/disinfectant" means an aerosol product that is designed or labeled for use as both a disinfectant and an air freshener, or is so represented on any sticker, packaging, or literature attached to the product container.(60) Dusting Aid. (a) "Dusting aid" means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone-based coating.(b) "Dusting aid" does not include pressurized gas duster.(61) Electrical Cleaner. (a) "Electrical cleaner" means a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including electric motors, armatures, relays, electric panels, or generators.(b) "Electrical cleaner" does not include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electrical cleaner, pressurized gas duster, engine degreaser, anti-static product, or products designed to clean the casings or housings of electrical equipment.(62) Electronic Cleaner. (a) "Electronic cleaner" means a product labeled for the removal of dirt, moisture, dust, flux or oxides from the internal components of electronic precision equipment such as circuit boards, and the internal components of electronic devices, including but not limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and computers.(b) "Electronic cleaner" does not include general purpose cleaner, general purpose degreaser, dusting aid, pressurized gas duster, engine degreaser, electrical cleaner, energized electrical cleaner, anti-static product, or products designed to clean the casings or housings of electronic equipment.(c) "Electronic cleaner" does not include any product that meets both the following criteria: (i) The product is designed or labeled to clean or degrease electronic equipment, where cleaning or degreasing is accomplished when electrical current exists, or when there is residual electrical potential from a component; and(ii) The product label clearly displays the statement: "Energized Electronic Equipment use only."(63) Energized Electrical Cleaner. (a) "Energized electrical cleaner" means a product:(i) That is labeled to clean or degrease electrical equipment, where cleaning or degreasing is accomplished when electrical current exists, or when there is a residual electrical potential from a component, such as a capacitor; and(ii) Whose label clearly displays the statements: "Energized Electronic Equipment use only. Not to be used for motorized vehicle maintenance, or their parts."(b) "Energized electrical cleaner" does not include electronic cleaner.(64) "Enforceable sales" means the total amount of an ACP product, as determined through enforceable sales records expressed to the nearest pound, but excluding product container and packaging sold for use in the State during the applicable compliance period specified in the ACP agreement.(65) Enforceable Sales Record.(a) "Enforceable sales record" means a written, point-of-sale record or other Department-approved system of documentation from which the mass, in pounds less product container and packaging, of an ACP product sold to the end user in the State during the applicable compliance period can be accurately documented.(b) "Enforceable sales record" includes: (i) Accurate records of direct retail or other outlet sales to the end user during the applicable compliance period;(ii) Accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period if a detailed method to verify data comprising these summaries is submitted by the responsible ACP party and approved by the Department; and(iii) Other accurate product sales records approved by the Department as meeting the criteria specified in §B(65)(a) of this regulation.(66) "Engine degreaser" means a cleaning product designed or labeled to remove grease, grime, oil, and other contaminants from the external surfaces of engines and other mechanical parts. (66-1) "Exempt compound" means any carbon-containing compound listed as an exception to the definition of "Volatile organic compound (VOC)" under COMAR 26.11.01.01B.(66-2) "Extremely Flammable" means a product that is labeled "Extremely Flammable" on the product container or meets the criteria for the term as specified in 16 CFR § 1500.3(c)(6).(67) Fabric Protectant. (a) "Fabric protectant" means, for products manufactured before January 1, 2018, a product designed to be applied to fabric substrates to:(i) Protect the surface from soiling from dirt and other impurities; or(ii) Reduce absorption of liquid into the fabric's fibers.(b) "Fabric protectant", for products manufactured before January 1, 2018, does not include waterproofers, or products designed for use solely on leather or on fabrics that are labeled "for dry clean only" and sold in containers of 10 fluid ounces or less.(c) "Fabric protectant" means, for products manufactured on and after January 1, 2018, a product designed or labeled to be applied to fabric substrates to protect the surface from soiling from dirt or other impurities or to reduce absorption of liquid into the fabric's fibers.(d) "Fabric protectant", for products manufactured on and after January 1, 2018, does not include: (ii) Products labeled for use solely on leather, pigmented products that are designed to be used primarily for coloring;(iii) Products used for construction, reconstruction, modification, structural maintenance or repair of fabric substrates;or(iv) Products that renew or restore fabric and qualifying as either clear coating or vinyl/fabric/leather/polycarbonate coating.(68) Fabric Refresher. (a) "Fabric refresher" means a product labeled to neutralize or eliminate odors on nonlaundered fabric, including soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, clothing, or on household furniture or objects upholstered or covered with fabrics such as, but not limited to, wool, cotton, or nylon.(b) "Fabric refresher" does not include anti-static product, carpet and upholstery cleaner, footwear or leather care product, spot remover, or disinfectant, or products labeled for application to both fabric and human skin. (69) Facial Cleaner or Soap. (a) "Facial cleaner or soap" means a cleaner or soap designed primarily to clean the face.(b) "Facial cleaner or soap" includes facial cleansing creams, semisolids, liquids, lotions, and substrate-impregnated forms.(c) "Facial cleaner or soap" does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.(70) Fatwood. (a) "Fatwood" means pieces of wood kindling with high, naturally-occurring levels of sap or resin that enhance ignition of the kindling.(b) "Fatwood" does not include kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.(70-1) "Flammable" means a product that is labeled "Flammable" on the product container or meets the criteria for the term as specified in 16 CFR § 1500.3(c)(6).(71) Flea and Tick Insecticide. (a) "Flea and tick insecticide" means an insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs.(b) "Flea and tick insecticide" does not include products that are designed to be used exclusively on humans or animals and their bedding.(72) "Flexible flooring material" means a product manufactured before January 1, 2018, including asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.(73) "Flexible vinyl adhesive" means an aerosol adhesive designed to bond to substrates a nonrigid polyvinyl chloride plastic with at least 5 percent by weight of plasticizer content.(74) "Floor and wall covering adhesive remover" means a product designed or labeled to remove floor or wall coverings and associated adhesives from the underlying substrate.(75) "Floor coating" means a coating that is labeled and designed for application to flooring, including but not limited to, decks, porches, steps, and other horizontal surfaces that may be subject to foot traffic.(76) Floor Polish or Wax. (a) "Floor polish or wax" means, for products manufactured before January 1, 2018, a wax, polish, or other product designed or labeled to polish, protect, or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished.(b) "Floor polish or wax", for products manufactured before January 1, 2018, does not include spray buff products, products designed or labeled solely for the purpose of cleaning floors, floor finish strippers, products designed for unfinished wood floors, or coatings subject to architectural coatings regulations.(c) "Floor polish or wax" means, for products manufactured on or after January 1, 2018, a product designed or labeled to polish, wax, condition, protect, temporarily seal, or otherwise enhance floor surfaces by leaving a protective finish that is designed or labeled to be periodically replenished.(d) "Floor polish or wax", for products manufactured on or after January 1, 2018, is divided into the following three categories: (i) Products for resilient flooring materials;(ii) Products for nonresilient flooring materials; and (e) "Floor polish or wax", for products manufactured on or after January 1, 2018, does not include spray buff products, floor wax strippers, products designed or labeled for unfinished wood floors, or architectural and industrial maintenance coatings subject to COMAR 26.11.39.(77) "Floor seam sealer" means a product designed and labeled exclusively for bonding, fusing, or sealing seams between adjoining rolls of installed flexible sheet flooring.(78) Floor Wax Stripper. (a) "Floor wax stripper" means a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax.(b) "Floor wax stripper" does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion.(79) Flying Bug Insecticide. (a) "Flying bug insecticide" means an insecticide product that is designed for use against flying insects or other flying arthropods, such as flies, mosquitoes, moths, or gnats.(b) "Flying bug insecticide" does not include: (i) Wasp and hornet insecticide;(ii) A product designed to be used exclusively on humans or animals; or(iii) A product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths but not from flying insects or other flying arthropods.(80) Footwear or Leather Care Product. (a) "Footwear or leather care product" means any product designed or labeled to be applied to footwear or to other leather articles and components, to maintain, enhance, clean, protect, or modify the appearance, durability, or fit including both leather and nonleather foot apparel.(b) "Footwear or leather care product" does not include fabric protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric refresher, products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than 2 millimeters thick.(81) "Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of 2 mm of Hg at 20°C, intended solely to impart an odor or scent or counteract a malodor.(82) Furniture Maintenance Product. (a) "Furniture maintenance product" means a wax, polish, conditioner, or other product designed or labeled for the purpose of polishing, protecting, or enhancing finished wood surfaces other than floors, and other furniture surfaces, including acrylics, ceramic, plastics, stone surfaces, metal surfaces, and fiberglass.(b) "Furniture maintenance product" does not include dusting aids, wood cleaners, and products designed solely for the purpose of cleaning, or products designed to leave a permanent finish such as stains, sanding sealers, and lacquers.(83) "Furniture coating" means a paint designed for application to room furnishings including cabinets, tables, chairs, beds, and sofas.(84) Gasket or Thread Locking Adhesive Remover.(a) "Gasket or thread locking adhesive remover" means a product designed or labeled to remove gaskets or thread locking adhesives.(b) "Gasket or thread locking adhesive remover" includes a product labeled for dual use as: (i) A paint stripper and gasket remover; or(ii) A paint stripper and thread locking adhesive remover.(85) "Gel" means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, such as jelly.(86) General Purpose Adhesive.(a) "General purpose adhesive" means a nonaerosol adhesive designed for use on a variety of substrates.(b) "General purpose adhesive" does not include the following:(ii) Construction, panel, and floor covering adhesives;(iii) Adhesives designed exclusively for application on one specific category of substrates (that is, substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls); or(iv) Adhesives designed exclusively for use on one specific functional category of articles (that is, articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, weather-stripping, or carpets).(87) General Purpose Adhesive Remover. (a) "General purpose adhesive remover" means a product designed or labeled to remove cyanoacrylate adhesives as well as nonreactive adhesives or residue from a variety of substrates.(b) "General purpose adhesive remover" includes a product that removes: (i) Thermoplastic adhesives;(ii) Pressure sensitive adhesives;(iii) Dextrine or starch-based adhesives;(v) Rubber or latex-based adhesives; or(vi) Products that remove stickers, decals, stencils, or similar materials.(c) "General purpose adhesive remover" does not include floor or wall covering adhesive remover.(88) General Purpose Cleaner. (a) "General purpose cleaner" means a product designed or labeled to clean a variety of hard surfaces, including small appliances.(b) "General purpose cleaner" includes:(i) Products designed or labeled for general floor cleaning, kitchen, countertop, or sink cleaning; and(ii) Cleaners designed or labeled to be used on a variety of hard surfaces such as stovetops, cooktops, or microwaves. (89) General Purpose Degreaser. (a) "General purpose degreaser" means a product labeled to remove or dissolve grease, grime, oil, and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts.(b) "General purpose degreaser" does not include: (i) Engine degreaser, general purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, metal polish or cleanser, or oven or grill cleaner;(ii) Products used exclusively in solvent cleaning tanks or related equipment, including, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by immersion in a container;(iii) Products exclusively sold directly or through distributors to establishments that manufacture or construct goods or commodities; or(iv) Products labeled exclusively for "use in the manufacturing process only".(90) General-Use Hand or Body Cleaner or Soap.(a) "General-use hand or body cleaner or soap" means a cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils.(b) "General-use hand or body cleaner or soap" includes hand or body washes, dual-purpose shampoo body cleaners, shower or bath gels, and moisturizing cleaners or soaps.(c) "General-use hand or body cleaner or soap" does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent (including antimicrobial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.(91) Glass Cleaner. (a) "Glass cleaner" means a cleaning product designed primarily for cleaning surfaces made of glass.(b) "Glass cleaner" does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment, or photocopying machines.(92) Graffiti Remover. (a) "Graffiti remover" means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, from a variety of noncloth or nonfabric substrates.(b) "Graffiti remover" includes products labeled for dual use as both a paint stripper and graffiti remover.(c) "Graffiti remover" does not include paint remover or stripper, nail polish remover, or spot remover.(93) "Gross State sales" means the estimated total State sales, expressed to the nearest pound, of an ACP product during a specific compliance period based on either of the following methods the responsible ACP party demonstrates to the satisfaction of the Department provides an accurate State sales estimate: (a) Apportionment of national or regional sales of the ACP product to State sales, determined by multiplying the average national or regional sales of the product by the fraction of the national or regional population, respectively, that is represented by the State's current population; or(b) Another documented method that provides an accurate estimate of the total current State sales of the ACP product.(94) "Hair mousse" means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.(95) Hair Shine. (a) "Hair shine" means a product designed for the primary purpose of creating a shine when applied to the hair.(b) "Hair shine" includes dual-use products designed primarily to impart a sheen to the hair.(c) "Hair shine" does not include hair spray, hair mousse, hair styling product, hair styling gel, or products of which the primary purpose is to condition or hold the hair.(96) Hair Spray. (a) "Hair spray", for products manufactured before January 1, 2009, means a consumer product designed primarily for dispensing droplets of a resin on and into a hair coiffure to impart sufficient rigidity to the coiffure to establish or retain the style for a period of time; and(b) "Hair spray", for products manufactured on or after January 1, 2009, means a consumer product that is applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, retain, or finish the style of the hair for a period of time and includes aerosol hair sprays, pump hair sprays, spray waxes, color, glitter, or sparkle hair sprays that make finishing claims and products that are both a styling and finishing product.(c) "Hair spray" does not include spray products that are intended to aid in styling but do not provide finishing of a hairstyle.(d) For the purposes of this definition: (i) "Finish" or "finishing" means the maintaining and holding of previously styled hair for a period of time; and(ii) "Styling" means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.(98) Hair Styling Product. (a) "Hair styling product" means a consumer product manufactured on or after January 1, 2009 that is designed or labeled for the application to wet, damp, or dry hair to aid in defining, shaping, lifting, styling, and sculpting of the hair.(b) "Hair styling product" includes, but is not limited to, hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hairstyle, and leave-in volumizers, detanglers, and conditioners that make styling claims.(c) "Hair styling product" does not include hair mousse, hair shine, hair spray, or shampoos and conditioners that are rinsed from the hair prior to styling.(d) For the purposes of this definition:(i) "Finish" or "finishing" means the maintaining and holding of previously styled hair for a period of time; and(ii) "Styling" means forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.(99) Heavy-Duty Hand Cleaner or Soap.(a) "Heavy-duty hand cleaner or soap" means a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of water.(b) "Heavy-duty hand cleaner or soap" does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.(100) Herbicide. (a) "Herbicide" means a pesticide product designed to kill or retard a plant's growth.(b) "Herbicide" does not include products that are for agricultural use, or restricted materials that require a permit for use and possession.(101) "High pressure laminate" means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265°F, and at pressures between 1,000 and 1,400 pounds per square inch.(101-1) "High-temperature coating" means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204 degrees C (400 degrees F).(102) "High volatility organic compound" means a volatile organic compound that exerts a vapor pressure greater than 80 millimeters of mercury when measured at 20°C.(103) "House dust mite" means a mite that feeds primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae.(104) "Household product" means a consumer product that is primarily designed to be used inside or outside of living quarters or residences, including the immediate surroundings that are occupied or intended for occupation by individuals.(105) "HVOC" means a high volatility organic compound, as defined in this chapter.(105-1) Industrial Maintenance Coating. (a) "Industrial maintenance coating" means a high performance architectural coating formulated for application to substrates exposed to one or more of the following extreme environmental conditions: (i) Immersion in water, wastewater, chemical solutions (aqueous and non-aqueous solutions), or chronic exposures of interior surfaces to moisture condensation;(ii) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions;(iii) Frequent exposure to temperatures above 121°C (250°F);(iv) Frequent and heavy abrasion, including mechanical wear and scrubbing with industrial solvents, cleansers, or scouring agents; or(v) Exterior exposure of metal structures and structural components.(b) "Industrial maintenance coating" includes primers, sealers, undercoaters, intermediate coats, and topcoats.(106) Insecticide. (a) "Insecticide" means a pesticide product that is designed for use against insects or other arthropods.(b) "Insecticide" does not include: (i) Products for agricultural use;(ii) Products for a use which requires a structural pest control license under applicable State laws or regulations; or(iii) Restricted materials that require a permit for use and possession.(107) "Insecticide fogger" means an insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application.(108) Institutional Product. (a) "Institutional product" means a consumer product that is designed for use in the maintenance or operation of an establishment that:(i) Manufactures, transports, or sells goods or commodities, or provides services for profit; and(ii) Is engaged in the nonprofit promotion of a particular public, educational, or charitable cause.(b) "Institutional product" does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment, which includes government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, and transportation companies.(109) "Institutional use" means use within the lines of or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes.(110) "Label" means a written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon a consumer product or consumer product package, for purposes of branding, identifying, or giving information about the product or the contents of the package.(111) "Laminate repair or edgebanding adhesive" means an aerosol adhesive designed for: (a) The touch-up or repair of items laminated with high pressure laminates such as lifted edges or delaminates; or(b) The touch-up, repair, or attachment of edgebanding materials, including other laminates, synthetic marble, veneers, wood molding, and decorative metals.(112) "Laundry prewash" means a product that: (a) Is designed for application to a fabric before laundering; and(b) Supplements and contributes to the effectiveness of laundry detergents.(113) Laundry Starch/Sizing/Fabric Finish Product. (a) "Laundry starch/sizing/fabric finish product" means a product that is designed or labeled for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look.(b) "Laundry starch/sizing/fabric finish product" includes, fabric finish, sizing, and starch.(114) "Lawn and garden insecticide" means an insecticide product labeled primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods.(115) Liquid. (a) "Liquid" means a substance or mixture of substances that is capable of a visually detectable flow as determined under ASTM D4359-90 (Reapproved 2012).(b) "Liquid" does not include powders or other materials composed entirely of solid particles.(116) Lubricant. (a) "Lubricant" means a product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms.(b) "Lubricant" does not include: (i) Automotive power steering fluids;(ii) Products for use inside power generating motors, engines, and turbines and their associated power-transfer gearboxes;(iii) Two-cycle oils or other products designed to be added to fuels;(iv) Products for use on the human body or animals;(v) Products that are exclusively sold directly by or through distributors to establishments that manufacture or construct goods or commodities; or(vi) Products that are labeled exclusively for "use in the manufacturing process only".(117) "LVP content" means the total weight in pounds of LVP compounds in an ACP product multiplied by 100 and divided by the product's total net weight (in pounds, excluding container and packaging), expressed to the nearest tenth of a percent.(118) "Low Vapor Pressure-VOC" means: (a) A chemical compound or mixture that contains at least one carbon atom with a vapor pressure less than 0.1 millimeters of mercury at 20°C, as determined by CARB Method 310;(b) A chemical compound with more than 12 carbon atoms or a chemical mixture comprised solely of compounds with more than 12 carbon atoms as verified by formulation data, and with unknown vapor pressure and boiling point;(c) A chemical compound that contains at least one carbon atom with a boiling point greater than 216°C, as determined by CARB Method 310; or(d) A weight percent of a chemical mixture that contains at least one carbon atom and that boils above 216°C, as determined by CARB Method 310.(119) "Manufacturer" means a person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product.(120) Medicated Astringent/Medicated Toner. (a) "Medicated astringent/medicated toner" means a product regulated as a drug by the U.S. Food and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or tightening pores.(b) "Medicated astringent/medicated toner" includes clarifiers and substrate-impregnated products.(c) "Medicated astringent/medicated toner" does not include: hand, face, or body cleaner or soap products, personal fragrance products, astringent/toner, cold creams, lotions, antiperspirants, or products that must be purchased with a doctor's prescription.(121) "Medium volatility organic compound (MVOC)" means a volatile organic compound that exerts a vapor pressure greater than 2 millimeters of mercury, and less than or equal to 80 millimeters of mercury, when measured at 20°C.(122) Metal Polish or Cleanser. (a) "Metal polish or cleanser" means a product designed primarily to improve the appearance of finished metal, metallic, or metallized surfaces, by physical or chemical action, for the purpose of removing or reducing stains, impurities, or oxidation from surfaces or making surfaces smooth and shiny.(b) "Metal polish or cleanser" includes metal polishes used on brass, silver, chrome, copper, stainless steel, and other ornamental metals.(c) "Metal polish or cleanser" does not include:(i) Automotive wax, polish, sealant or glaze;(iii) Paint remover or stripper;(iv) Products designed and labeled exclusively for automotive and marine detailing; or(v) Products designed for use in degreasing tanks.(123) "Missing data days" means the number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sales or VOC content data to the Department, as specified in the ACP agreement.(124) Mist Spray Adhesive. (a) "Mist spray adhesive" means an aerosol that delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate.(b) "Mist spray adhesive" does not include a special purpose spray adhesive.(125) "Mounting adhesive" means an aerosol adhesive designed to permanently mount photographs, artwork, or other drawn or printed medium onto a backing (paper, board, cloth, or similar items) without causing discoloration to the medium.(126) "Multi-purpose dry lubricant" means a lubricant that is:(a) Designed and labeled to provide lubricity by depositing a thin film of graphite, molybdenum disulfide (moly), polytetrafluoroethylene, or closely related fluoropolymer (teflon) on surfaces; and(b) Designed for general purpose lubrication, or for use in a wide variety of applications.(127) Multi-Purpose Lubricant. (a) "Multi-purpose lubricant" means a lubricant designed for general purpose lubrication, or for use in a wide variety of applications.(b) "Multi-purpose lubricant" does not include multi-purpose dry lubricants, penetrants, or silicone-based multi-purpose lubricants.(128) Multi-Purpose Solvent. (a) "Multi-purpose solvent" means, for products manufactured before January 1, 2018, an organic liquid designed or labeled to be used for a variety of purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing, or dissolving other organic materials.(b) "Multi-purpose solvent", for products manufactured before January 1, 2018, includes solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific, or other laboratories.(c) "Multi-purpose solvent", for products manufactured before January 1, 2018, does not include solvents: (i) Used in cold cleaners, vapor degreasers, conveyorized degreasers, or film cleaning machines; or(ii) That are incorporated into, or used exclusively in the manufacture or construction of, the goods or commodities at the site of the establishment.(d) "Multi-purpose solvent" means, for products manufactured on or after January 1, 2018, any liquid product designed or labeled to be used for thinning, dispersing or dissolving or removing contaminants or other organic materials.(e) "Multi-purpose solvent", for products manufactured on or after January 1, 2018, includes: (i) Products that do not display specific use instructions on the product container or packaging;(ii) Products that do not specify an end-use function or application on the product container or packaging; (iii) Solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories;(iv) Paint clean-up products; and(v) Products designed or labeled to prepare surfaces for painting.(f) "Multi-purpose solvent", for products manufactured on or after January 1, 2018, does not include: (i) Solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines;(ii) Solvents designed or labeled exclusively for the clean-up of application equipment used for polyaspartic and polyurea coatings;(iii) Solvents that are incorporated into, or used exclusively in the manufacture or construction of, the goods or commodities at the site of the establishment; or (iv) Products that are designed or labeled exclusively to clean a specific contaminant on a single substrate in specific situations.(129) "MVOC" means a medium volatility organic compound, as defined in this section.(130) "Nail polish" means a clear or colored coating such as lacquers, enamels, acrylics, base coats, and top coats designed for application to the fingernails or toenails.(131) "Nail polish remover" means a product designed to remove nail polish and coatings from fingernails or toenails.(132) "Non-Aerosol product" means a consumer product that is not dispensed by a pressurized spray system.(133) "Noncarbon containing compound" means a compound that does not contain carbon atoms.(134) Nonresilient Flooring (a) "Nonresilient flooring" means a flooring product manufactured before January 1, 2018 of a mineral content that is not flexible.(b) "Nonresilient flooring" includes terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete.(135) "Nonselective terrestrial herbicide" means a terrestrial herbicide product that is toxic to plants without regard to species.(135-1) Odor Remover/Eliminator. (a) "Odor remover/eliminator" means a product that is designed or labeled to be applied exclusively to hard surfaces to inhibit the ability of soils to create malodors, or functions to entrap, encapsulate, neutralize, convert or eliminate malodor molecules.(b) "Odor remover/eliminator" does not include: (i) Products designed or labeled for use in cleaning soils from hard surfaces, laundering, softening, de-wrinkling or cleaning fabrics, or dishwashing; or(ii) Products designed or labeled as air freshener, bathroom and tile cleaner, carpet/upholstery cleaner, disinfectant, fabric refresher, general purpose cleaner, sanitizer, or toilet/urinal care product.(136) "One-product business" means a responsible ACP party that sells, supplies, offers for sale, or manufactures for use in the State only one distinct: (a) ACP product that is sold under one product brand name and subject to the requirements of Regulations .04 -.10 of this chapter; or(b) ACP product line subject to the requirements of Regulations .04-.10 of this chapter, in which all the ACP products belong to the same product category or categories and the VOC contents in the products are within 98 percent and 102 percent of the arithmetic mean of the VOC contents over the entire product line.(137) Oven or Grill Cleaner. (a) "Oven or grill cleaner" means a product designed or labeled exclusively to clean and to remove baked on greases or deposits from food preparation surfaces or food cooking surfaces.(b) "Oven or grill cleaner" does not include a product where representation is made on the product's label or packaging that the product is suitable for cleaning or degreasing other hard surfaces.(138) "Paint" means a pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is: (a) Converted to an opaque solid film after application; and(b) Used for protection, decoration, or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.(138-1) "Paint clean-up product" means any liquid product designed or labeled for cleaning oil-based or water-based paint, lacquer, varnish, or related coatings from items not intended to be painted, including painting equipment, tools, plastics, and metals.(139) Paint Remover or Stripper. (a) "Paint remover or stripper" means a product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate.(b) "Paint remover or stripper" does not include multi-purpose solvents, paintbrush cleaners, products designed and labeled as graffiti removers, or hand cleaner products that claim to remove paints and other related coatings from skin.(139-1) Paint Thinner. (a) "Paint thinner" means any liquid product used for reducing the viscosity of coating compositions or components, that is manufactured on or after January 1, 2018, and that prominently displays the term "Paint Thinner", "Lacquer Thinner", "Thinner", or "Reducer" on the front panel of its packaging.(b) Paint thinner does not include:(i) Products that are sold in containers with a capacity of 5 gallons or more and labeled exclusively for the thinning of industrial maintenance coatings, zinc-rich primers, or high-temperature coatings;(ii) Products where the principal display panel of the product displays, in a font size as large or larger than the font size of all other words on the principal display panel (not including the font size used for the company name, brand name, or logo), language that the product is used exclusively for the thinning of industrial maintenance coatings, zinc-rich primers, or high-temperature coatings; (iii) Products where no representation is made on the product container or packaging, or any attached label or sticker that the product is suitable for use or may be used for any other purpose except the thinning of industrial maintenance coatings, zinc-rich primers, or high-temperature coatings; or(iv) Products that are labeled and used exclusively as an ingredient in a specific coating or coating brand line, where the coating would not be complete or useable without the specific ingredient.(140) Penetrant. (a) "Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes.(b) "Penetrant" does not include multi-purpose lubricants that claim to have penetrating qualities but are not labeled primarily to loosen bonded parts.(141) Personal Fragrance Product. (a) "Personal fragrance product" means any product which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including cologne, perfume, aftershave, and toilet water.(b) "Personal fragrance product" does not include:(ii) Medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body;(iii) Mouthwashes, breath fresheners, and deodorizers;(iv) Lotions, moisturizers, powders, or other skin care products used primarily to alleviate skin conditions such as dryness and irritations;(v) Products designed exclusively for use on human genitalia;(vi) Soaps, shampoos, and products primarily used to clean the human body; and(vii) Fragrance products designed to be used exclusively on nonhuman animals.(142) Pesticide. (a) "Pesticide" means a substance or mixture of substances labeled, designed, or intended for use: (i) In preventing, destroying, repelling, or mitigating pests; or(ii) As a defoliant, desiccant, or plant regulator.(b) "Pesticide" does not include a substance, mixture of substances, or device that the U.S. Environmental Protection Agency does not consider a pesticide.(143) "Plasticizer" means a material, such as a high boiling point organic solvent, that: (a) Is incorporated into a plastic to increase its flexibility, workability, or distensibility; and(b) May be determined using ASTM Method E260-96 (ReapproveD 2011) or from product formulation data.(144) "Polyolefin adhesive" means an aerosol adhesive designed to bond polyolefins to substrates.(145) "Polystyrene foam adhesive" means an aerosol adhesive designed to bond polystyrene foam to substrates.(146) "Pre-ACP VOC content" means the lowest VOC content of an ACP product between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Department, based on either the data on the product obtained from the March 12, 1991, CARB Consumer Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product.(147) Pressurized Gas Duster. (a) "Pressurized gas duster" means a pressurized product labeled to remove dust from a surface solely by means of mass air or gas flow, including surfaces such as photographs, photographic film negatives, computer keyboards, and other types of surfaces that cannot be cleaned with solvents.(b) "Pressurized gas duster" does not include dusting aid.(148) "Principal display panel or panels" means that part, or those parts of a label that are so designed as to most likely be displayed, presented, shown, or examined under normal and customary conditions of display or purchase.(149) "Product brand name" means the name of the product exactly as it appears on the principal display panel of the product.(150) "Product category" means the applicable category that best describes the product as listed in Regulations .03 and .04B of this chapter.(151) "Product form" means the applicable form that most accurately describes the product's dispensing form, such as aerosol product, solid, pump spray, liquid, or gel as follows: (152) "Product line" means a group of products of identical form and function belonging to the same product category or categories.(153) "Propellant" means a liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or other material from the same self-pressurized container or from a separate container.(154) "Pump spray" means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger, or other actuator.(155) "Reconcile or reconciliation" means to provide sufficient VOC emission reductions to completely offset shortfalls generated under the ACP during an applicable compliance period.(156) "Reconciliation of shortfalls plan" means the plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the Department under Regulation .23 of this chapter.(157) "Removable caulking compound" means a compound that temporarily seals windows or doors for 3 to 6 month time intervals.(157-1) "Resilient flooring material" means flexible flooring material, including asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.(158) "Responsible party" means: (a) The company, firm, or establishment that is listed on the product's label; or(b) If the label lists two companies, the firms or establishments which the product was "manufactured for" or "distributed by", as noted on the label.(159) "Responsible ACP party" means: (a) The company, firm, or establishment listed on the ACP product's label; or(b) If the label lists two or more companies, firms, or establishments, the party which the ACP product was "manufactured for" or "distributed by", as noted on the label.(160) "Restricted materials" means pesticides established as restricted use pesticides as classified by Agriculture Article, Title 5, Annotated Code of Maryland, the federal government, or the Maryland Secretary of Agriculture.(161) "Retailer" means a person who sells, supplies, or offers consumer products for sale directly to consumers.(162) "Retail outlet" means an establishment at which consumer products are sold, supplied, or offered for sale directly to consumers.(163) "Roll-on product" means an antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.(164) Rubber/Vinyl Protectant. (a) "Rubber/vinyl protectant" means, for products manufactured before January 1, 2018, a product designed or labeled to protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, or household products such as vinyl covers, clothing, and accessories.(b) "Rubber/vinyl protectant", for products manufactured before January 1, 2018, does not include products primarily designed or labeled to clean the wheel rim, such as aluminum or magnesium wheel cleaners, or tire cleaners that do not leave an appearance-enhancing or protective substance on the tire.(c) "Rubber/vinyl protectant" means, for products manufactured on or after January 1, 2018, any product designed or labeled to protect, preserve, or renew vinyl or rubber on vehicles, tires, luggage, furniture, or household products such as vinyl covers, clothing, or accessories.(d) "Rubber/vinyl protectant", for products manufactured on or after January 1, 2018, does not include: (i) Products designed or labeled to clean the wheel rim, such as aluminum or magnesium wheel cleaners;(ii) Products designed or labeled as tire cleaners that do not leave an appearance-enhancing or protective substance on the tire; (iii) Pigmented products designed or labeled to be used primarily for coloring;(iv) Products used for construction, reconstruction, modification, structural maintenance or repair of rubber or vinyl substrates; or(v) Products not designed or labeled to be used on vehicle tires, qualifying as either clear coating or vinyl coating or fabric coating or leather coating or polycarbonate coating.(165) "Rubbing alcohol" means a product containing isopropyl alcohol or denatured ethanol and labeled for topical use: (a) To decrease germs in minor cuts and scrapes;(b) To relieve minor muscle aches, as a rubefacient; and(165-1) Sanitizer. (a) "Sanitizer" means a product manufactured on and after January 1, 2018 that is labeled as a "sanitizer," or that is labeled to reduce, but not necessarily eliminate, microorganisms in the air, on surfaces, or on inanimate objects, and whose label is registered as a "sanitizer" under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. § 136 et seq. (b) "Sanitizer' does not include: (ii) Products designed or labeled as both a "sanitizer" and a "disinfectant"; (iii) Products designed or labeled solely for use on humans or animals;(iv) Products designed or labeled solely for agricultural use;(v) Products designed or labeled for use in swimming pools, therapeutic tubs, or hot tubs;(vi) Products designed or labeled to be used on heat sensitive critical or semi-critical medical devices or medical equipment surfaces;(vii) Products that are pre-moistened wipes or towelettes sold exclusively to medical, convalescent or veterinary establishments;(viii) Products designed or labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food; or(ix) Products designed or labeled as bathroom and tile cleaners; glass cleaners; general purpose cleaners; toilet/urinal care products; metal polish; carpet and upholstery cleaners; or fabric refreshers that may also make sanitizing or anti-microbial claims on the product's label.(166) Sealant and Caulking Compound. (a) "Sealant and caulking compound" means a product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces.(b) "Sealant and caulking compound" does not include roof cements and roof sealants, insulating foams, removable caulking compounds, clear, paintable, water resistant caulking compounds, floor seam sealers, products designed exclusively for automotive uses, or sealers that are applied as continuous coatings.(167) "Semisolid" means a product that at room temperature will not pour but will spread or deform easily, such as gels, pastes, and greases.(168) Shaving Cream. (a) "Shaving cream" means an aerosol product that dispenses foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system in the removal of facial or other bodily hair.(b) "Shaving cream" does not include shaving gel.(169) Shaving Gel. (a) "Shaving gel" means an aerosol product, which dispenses a post-foaming semisolid designed for use with a blade, cartridge razor, or other shaving system in the removal of facial or other bodily hair.(b) "Shaving gel" does not include shaving cream.(170) Shortfall. (a) "Shortfall" means the ACP emissions minus the ACP limit when the ACP emissions were greater than the ACP limit during a specified compliance period, expressed to the nearest pound of VOC.(b) "Shortfall" does not include emissions occurring before the date that the ACP agreement is signed by the Department.(171) Silicone-Based Multi-Purpose Lubricant.(a) "Silicone-based multi-purpose lubricant" means a lubricant which is designed and labeled:(i) To provide lubricity primarily through the use of silicone compounds such as polydimethylsiloxane; and(ii) For general purpose lubrication, or for use in a wide variety of applications.(b) "Silicone-based multi-purpose lubricant" does not include products designed and labeled exclusively to release manufactured products from molds.(172) "Single phase aerosol air freshener" means an aerosol air freshener with its liquid contents in a single homogeneous phase and does not require that the product container be shaken before use.(173) "Solid" means a substance or mixture of substances that, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D4359-90 (Reapproved 2012).(174) "Special purpose spray adhesive" means one or more of the following aerosol adhesives: (b) Flexible vinyl adhesive;(c) Polystyrene foam adhesive;(d) Automobile headliner adhesive;(f) Laminate repair or edgebanding adhesive; or(g) Automotive engine compartment adhesive.(175) Specialty Adhesive Remover. (a) "Specialty adhesive remover" means a product designed to remove from a variety of substrates reactive adhesives including epoxies, urethanes, and silicones that require a hardener or catalyst in order for the bond to occur.(b) "Specialty adhesive remover" does not include gasket or thread locking adhesive remover.(176) Spot Remover. (a) "Spot remover" means a product labeled to clean localized areas or remove localized spots or stains on cloth or fabric, such as drapes and clothing, that does not require subsequent laundering to achieve stain removal.(b) "Spot remover" does not include dry cleaning fluid, laundry prewash, or multi-purpose solvent.(177) "Spray buff product" means a product designed to restore a worn floor finish with a floor buffing machine and special pad.(178) "State sales" means the sales in the State, if available, or sales estimated by incorporating national or regional sales data by population, expressed as net pounds of product, less packaging and container:(a) For the calendar year immediately before the year that the registration is due; or(b) If the data in §B(178)(a) of this regulation is not available, for a consecutive 12-month period beginning not earlier than 2 years before the due date of the registration.(179) "Stick product" means an antiperspirant or deodorant that contains active ingredients in a solid matrix form and dispenses the active ingredients by frictional action on the affected area.(180) "Structural waterproof adhesive" means an adhesive:(a) Whose bond lines are resistant to conditions of continuous immersion in fresh or salt water; and(b) That conforms with Federal Specification MMM-A-181D (Type 1, Grade A) of the Federal Consumer Products Regulation 40 CFR Part 59, Subpart C.(181) Surplus Reduction. (a) "Surplus reduction" means the ACP limit minus the ACP emissions expressed to the nearest pound of VOC when the ACP limit was greater than the ACP emissions during a given compliance period.(b) Except as provided in this chapter, "surplus reduction" does not include emissions occurring before the date that the ACP agreement is signed by the Department.(182) "Surplus trading" means the buying, selling, or transfer of surplus reductions between responsible ACP parties.(183) "Table B compound" means a carbon-containing compound that is an exception to the definition of VOC in COMAR 26.11.01.01B.(183-1) Temporary Hair Color. (a) "Temporary hair color" means a product manufactured on or after January 1, 2018 that applies color, glitter, or UV-active pigments to hair, wigs, or fur and is removable when washed.(b) "Temporary hair color" includes hair color mousses and products designed or labeled to add texture or thickness to cover thinning or balding areas.(c) "Temporary hair color" does not include hair spray, hair styling products or hair mousse.(184) "Terrestrial" means living on or growing from land.(185) "Tire sealant and inflation" means a pressurized product that is designed to temporarily inflate and seal a leaking tire.(186) Toilet and Urinal Care Product. (a) "Toilet/urinal care product" means any product designed or labeled to clean or to deodorize toilet bowls, toilet tanks, or urinals.(b) For purposes of this definition, toilet bowls, toilet tanks, or urinals include: (i) Toilets or urinals connected to permanent plumbing in buildings and other structures;(ii) Portable toilets or urinals placed at temporary or remote locations; and(iii) Toilets or urinals in vehicles such as buses, recreational motor homes, boats, ships, and aircraft.(c) "Toilet and urinal care product" does not include bathroom and tile cleaner or general purpose cleaner.(187) "Total maximum historical emissions (TMHE)" means the total VOC emissions from all ACP products for which the responsible ACP party has failed to record the required VOC content or enforceable sales records that are: (a) Determined by calculating emissions of each ACP product during each portion of a compliance period for which the responsible ACP has failed to record the required VOC content or enforceable sales records;(b) Expressed to the nearest pound and calculated according to the following calculation: TMHE = (MHE)1 + (MHE)2 + . . . + (MHE)N
where:
(i) MHE = (Highest VOC Content x Highest Sales) x Missing Data Days / 100 x 365;(ii) Highest VOC Content = the maximum VOC content which the ACP product has contained in the previous 5 years, if the responsible ACP party fails to report all the required VOC content data (for any portion of the compliance period), as specified in the ACP agreement approving the ACP, or the current actual VOC content, if the responsible ACP party has provided all required VOC content data (for the entire compliance period), as specified in the ACP agreement;(iii) Highest Sales = the maximum 1 year gross State sales of the ACP product in the previous 5 years, if the responsible ACP party fails to report all required enforceable sales records (for any portion of the compliance period), as specified in the ACP agreement approving the ACP, or the current actual 1-year enforceable sales for the product, if the responsible ACP party has provided all required enforceable sales records (for the entire compliance period), as specified in the ACP agreement approving the ACP;(iv) Missing Data Days = the number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sales records or VOC content data as specified in the ACP agreement;(v) Missing data days are estimated as 1, 2, . . ., N = each product in an ACP, up to the maximum N, for which the responsible ACP party has failed to record the required enforceable sales records or VOC content data as specified in the ACP agreement.(c) "Toilet/urinal care product" does not include bathroom and tile cleaner or general purpose cleaner.(188) "Type A propellant" means a compressed gas such as carbon dioxide (CO2), nitrogen (N2), nitrogen oxide (N2O), or compressed air that is used as a propellant, and is either incorporated with the product or contained in a separate chamber within the product's packaging.(189) "Type B propellant" means a halocarbon that is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).(190) "Type C propellant" means a propellant that is not a Type A or Type B propellant, including propane, isobutane, n-butane, and dimethyl ether.(191) Undercoating. (a) "Undercoating" means an aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, or firewall of motor vehicles to prevent the formation of rust or to deaden sound.(b) "Undercoating" includes rubberized, mastic, or asphaltic products.(192) "Usage directions" means the text or graphics on the product's principal display panel, label, or accompanying literature that describes to the end user how and in what quantity the product is to be used.(193) "Vinyl/fabric/leather/polycarbonate coating" means a coating designed and labeled exclusively to coat vinyl, fabric, leather, or polycarbonate substrates.(194) VOC Content. (a) "VOC content" means, except for charcoal lighter products, the total weight of VOC in a product expressed as a percentage of the product weight, excluding the container or packaging, as determined under Regulation .16A and B of this chapter.(b) "VOC content" means, for charcoal lighter material products only, VOC Content = (Certified Emissions x 100) / Certified Use Rate
where:
(i) Certified Emissions = the emissions level for products approved by the Department under Regulation .05 of this chapter, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 28,1991), expressed to the nearest 0.001 pound CH2 per start;(ii) Certified Use Rate = the usage level for products approved by the Department under Regulation .05 of this chapter, as determined under South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 28, 1991), expressed to the nearest 0.001 pound certified product used per start. (195) "Wasp and hornet insecticide" means an insecticide product that is designed for use against wasps, hornets, yellow jackets, or bees by allowing the user to spray from a distance a directed stream or burst at the insects or their hiding place.(196) Waterproofer. (a) "Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates.(b) "Waterproofer" does not include fabric protectants.(197) Wax. (a) "Wax" means a material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers.(b) "Wax" includes substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.(198) "Web spray adhesive" means an aerosol adhesive that is not a mist spray or special purpose spray adhesive.(199) Wood Cleaner. (a) "Wood cleaner" means a product labeled to clean wooden materials including decking, fences, flooring, logs, cabinetry, and furniture.(b) "Wood cleaner" does not include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper, floor polish or wax, or products designed and labeled exclusively to preserve or color wood.(200) "Wood floor wax" means wax-based products for use solely on wood floors.(201) "Working day" means a day between Monday and Friday, inclusive, except days that are federal holidays.(202) "Zinc-richprimer" means a coating that: (a) Contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids;(b) Is formulated for application to metal substrates to provide a firm bond between the substrate and subsequent applications of coatings; and(c) Is designed for professional use only and labeled "For Professional Use Only", "For Industrial Use Only", "Not for Residential Use", or "Not Intended for Residential Use."Md. Code Regs. 26.11.32.03
Regulation .03 amended effective 44:20 Md. R. 947, eff. 10/9/2017