Title 7 Natural Resources and Environmental Control
1100 Air Quality Management Section
1100 Air Quality Management Section
1141 Limiting Emissions Of Volatile Organic Compounds From Consumer And Commercial Products (Formerly Reg. No. 41)
1.0 Architectural and Industrial Maintenance Coatings
1.1 Applicability
1.1.1 Except as provided in 1.1.2 and 1.1.3, Section 1.0 applies to any person who supplies, sells, offers for sale, blends, repackages for sale, or manufactures any architectural coating for use in the State of Delaware, as well as any person who applies or solicits the application of any architectural coating in the State of Delaware on or after January 1, 2005.
1.1.2 A coating manufactured prior to January 1, 2005, may be sold, supplied, or offered for sale on or after January 1, 2005. In addition, a coating manufactured before January 1, 2005 may be applied at anytime, both before and after January 1, 2005, so long as the coating complied with the standards in effect at the time the coating was manufactured. This does not apply to any coating that does not display the date code required by 1.4.1.
1.1.3 This Section does not apply to,
1.1.3.1 any architectural coating that is sold or manufactured for use outside the State of Delaware or for shipment to other manufacturers for reformulation or repackaging.
1.1.3.2 any aerosol coating product, or
1.1.3.3 any architectural coating that is sold in a container with a volume of one liter (1.057 quart) or less.
1.2 Definitions
Terms used but not defined in Section 1.0 shall have the meaning given them in Regulation 1101 or the CAA, in that order of priority.
"Adhesive" means any chemical substance that is applied for the purposes of bonding two surfaces together other than by mechanical means.
"Aerosol coating product" means a pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic marking applications.
"Antenna coating" means a coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.
"Anti-fouling coating" means a coating labeled and formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms. To qualify as an anti-fouling coating, the coating must be registered with the U. S. EPA under the Federal Insecticide, Fungicide and Rodenticide Act (7 U. S. C. Section 136 et seq.) and with the Department of Agriculture of the State of Delaware under Title 3 Del.C. Ch. 12.
"Appurtenance" means any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment; air conditioning equipment, and other fixed mechanical equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain gutters and downspouts; stairways; fixed ladders; catwalks and fire escapes; and window screens.
"Architectural coating" means a coating to be applied to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, and adhesives are not considered architectural coatings for the purpose of Section 1.0.
"ASTM" means the American Society for Testing and Materials.
"BAAQMD" means the Bay Area Air Quality Management District, a part of the California Air Resources Board (CARB) which regulates air quality in the State of California.
"Bitumens" means black or brown materials including, but not limited to, asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.
"Bituminous roof coating" means a coating which incorporates bitumens that is labeled and formulated exclusively for roofing.
"Bituminous roof primer" means a primer which incorporates bitumens that is labeled and formulated exclusively for roofing.
"Bond breaker" means a coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it was poured.
"Calcimine recoater" means a flat solventborne coating formulated and recommended specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.
"CAA" means the Clean Air Act, as amended in 1990.
"Clear brushing lacquers" means clear wood coatings, excluding clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid protective film, which are intended exclusively for application by brush and which are labeled as specified in 1.4.5.
"Clear wood coatings" means clear and semi-transparent coatings, including clear brushing lacquers, clear lacquer sanding sealers, sanding sealers other than clear lacquer sanding sealers and varnishes, applied to wood substrates to provide a transparent or translucent film.
"Coating" means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers, and stains.
"Colorant" means a concentrated pigment dispersion in water, solvent, and/or binder that is added to an architectural coating after packaging in sales units to produce the desired color.
"Concrete curing compound" means a coating labeled and formulated for application to freshly poured concrete to retard the evaporation of water.
"Concrete surface retarder" means a mixture of retarding ingredients such as extender pigments, primary pigments, resin, and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, allowing the retarded mix of cement and sand at the surface to be washed away to create an exposed aggregate finish.
"Conversion varnish" means a clear acid-curing coating with an alkyd or other resin blended with amino resins and supplied as a single component or two-component product. Conversion varnishes produce a hard, durable, clear finish designed for professional application to wood flooring. Film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification at the reactive ethers of the amino resins.
"Dry fog coating" means a coating labeled and formulated only for spray application such that over spray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.
"Exempt compound" means a compound identified as exempt under the definition of Volatile Organic Compound (VOC) in Regulation 1101. Exempt compound content of a coating shall be determined by U. S. EPA Method 24 or South Coast Air Quality Management District (SCAQMD) Method 303-91 (Revised February 1993), incorporated by reference in 1.6.5.10.
"Faux finishing coating" means a coating labeled and formulated as a stain or glaze to create artistic effects including, but not limited to, dirt, old age, smoke damage, and simulated marble and wood grain.
"Fire-resistive coating" means an opaque coating labeled and formulated to protect structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials, that has been fire tested and rated by a testing agency and approved by State of Delaware building code officials for the County or local jurisdiction for use in bringing assemblies of structural materials into compliance with federal, state and local building code requirements. The fire-resistive coating and the testing agency must be approved by State of Delaware building code officials for the County or local jurisdiction. The fire-resistive coating shall be tested in accordance with ASTM Designation E 119-98, incorporated by reference in 1.6.5.2.
"Fire-retardant coating" means a coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by State of Delaware building code officials for the County or local jurisdiction for use in bringing building and construction materials into compliance with federal, state and local building code requirements. The fire-retardant coating and the testing agency must be approved by State of Delaware building code officials for the County or local jurisdiction. The fire-retardant coating shall be tested in accordance with ASTM Designation E 84-99, incorporated by reference in 1.6.5.1.
"Flat coating" means a coating that is undefined under any other definition in 1.2 and that registers gloss less than 15 on an 85-degree meter or less than 5 on a 60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in 1.6.5.3.
"Floor coating" means an opaque coating that is labeled and formulated for application to flooring, including, but not limited to, decks, porches, steps, and other horizontal surfaces, which may be subjected to foot traffic.
"Flow coating" means a coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units.
"Form-release compound" means a coating labeled and formulated for application to a concrete form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood, metal, or some material other than concrete.
"Graphic arts coating or sign paint" means a coating labeled and formulated for hand application by artists using brush or roller techniques to indoor and outdoor signs (excluding structural components) and murals including letter enamels, poster colors, copy blockers, and bulletin enamels.
"High-temperature coating" means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204oC (400oF).
"Impacted immersion coating" means a high performance maintenance coating formulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water. These coatings are specifically resistant to high-energy impact damage caused by floating ice or debris.
"Industrial maintenance coating" means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for application to substrates exposed to one or more of the extreme environmental conditions listed in (1) through (5) and labeled as specified in 1.4.4:
(1) immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic exposure of interior surfaces to moisture condensation;
(2) acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes or chemical mixtures or solutions;
(3) repeated exposure to temperatures above 121oC (250oF);
(4) repeated (frequent) heavy abrasion, including mechanical wear and repeated (frequent) scrubbing with industrial solvents, cleansers, or scouring agents; or
(5) exterior exposure of metal structures and structural components.
"Lacquer" means a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film.
"Low-solids coating" means a coating containing 0.12 kilogram or less of solids per liter (1 pound or less of solids per gallon) of coating material.
"Magnesite cement coating" means a coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.
"Mastic texture coating" means a coating labeled and formulated to cover holes and minor cracks and to conceal surface irregularities, that is recommended to be applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.
"Metallic pigmented coating" means a coating containing at least 48 grams of elemental metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95, incorporated by reference in 1.6.5.4.
"Multi-color coating" means a coating that is packaged in a single container and that exhibits more than one color when applied in a single coat.
"Non-flat coating" means a coating that is undefined under any other definition in 1.2 and that registers a gloss of 15 or greater on an 85-degree meter and 5 or greater on a 60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in 1.6.5.3.
"Non-flat - high gloss coating" means a non-flat coating that registers a gloss of 70 or above on a 60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in 1.6.5.3.
"Non-industrial use" means any use of architectural coatings except in the construction or maintenance of any of the following: facilities used in the manufacturing of goods and commodities; transportation infrastructure, including highways, bridges, airports and railroads; facilities used in mining activities, including petroleum extraction; and utilities infrastructure, including power generation and distribution, and water treatment and distribution systems.
"Nuclear coating" means a protective coating formulated and recommended to seal porous surfaces such as steel (or concrete) that otherwise would be subject to intrusions by radioactive materials. These coatings must be resistant to long-term (service life) cumulative radiation exposure [ASTM Method D 4082-89, incorporated by reference in 1.6.5.14], relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed [ASTM Method D 3912-80, incorporated by reference in 1.6.5.15].
"Post-consumer coating" means a finished coating that would have been disposed of in a landfill, having completed its usefulness to a consumer, and does not include manufacturing wastes.
"Pre-treatment wash primer" means a primer that contains a minimum of 0.5 percent acid, by weight, when tested in accordance with ASTM Designation D 1613-96, incorporated by reference in 1.6.5.5, that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.
"Primer" means a coating labeled and formulated for application to a substrate to provide a firm bond between the substrate and subsequent coats.
"Quick-dry enamel" means a non-flat coating that is labeled as specified in 1.4.8 and that is formulated to have the following characteristics:
(1) can be applied directly from the container under normal conditions with ambient temperatures between 160o and 270oC (600o and 800oF);
(2) when tested in accordance with ASTM Designation D 1640-95, incorporated by reference in 1.6.5.6, sets to the touch in two hours or less, is tack free in four hours or less, and dries hard in eight hours or less by the mechanical test method; and
(3) has a dried film gloss of 70 or above on a 60-degree meter.
"Quick-dry primer, sealer and undercoater" means a primer, sealer, or undercoater that is dry to the touch in 30 minutes and can be re-coated in two hours when tested in accordance with ASTM Designation D 1640-95, incorporated by reference in 1.6.5.6.
"Recycled coating" means an architectural coating formulated such that not less than 50 percent of the total weight consists of secondary and post-consumer coating, with not less than 10 percent of the total weight consisting of post-consumer coating.
"Roof coating" means a non-bituminous coating labeled and formulated exclusively for application to roofs for the primary purpose of preventing penetration of the substrate by water or reflecting heat or ultraviolet radiation. Metallic pigmented roof coatings, which qualify as metallic pigmented coatings, shall be considered to be in the metallic pigmented coatings category.
"Rust preventive coating" means a coating formulated exclusively for non-industrial use to prevent the corrosion of metal surfaces and labeled as specified in 1.4.6.
"Sanding sealer" means a clear wood coating labeled and formulated for application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings. A sanding sealer that also meets the definition of a lacquer is not included in this category, but is included in the lacquer category.
"SCAQMD" means the South Coast Air Quality Management District, a part of the California Air Resources Board (CARB), which is responsible for regulation of air quality in the State of California.
"Sealer" means a coating labeled and formulated for application to a substrate for one or more of the following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate.
"Secondary coating (rework)" means a fragment of a finished coating or a finished coating from a manufacturing process that has converted resources into a commodity of real economic value, but does not include excess virgin resources of the manufacturing process.
"Shellac" means a clear or opaque coating formulated solely with the resinous secretions of the lac beetle (laciffer lacca), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.
"Shop application" means application of a coating to a product or a component of a product in or on the premises of a factory or shop as part of a manufacturing, production, or repairing process (e.g., original equipment manufacturing coatings).
"Solicit" means to require for use or to specify, by written or oral contract.
"Specialty primer, sealer, and undercoater" means a coating labeled as specified in 1.4.7 and that is formulated for application to a substrate to seal fire, smoke or water damage; to condition excessively chalky surfaces; to seal efflorescence; or to block stains. An excessively chalky surface is one that is defined as having a chalk rating of four or less as determined by ASTM Designation D 4214-98, incorporated by reference in 1.6.5.7.
"Stain" means a clear, semi-transparent, or opaque coating labeled and formulated to change the color of a surface, but not to conceal the grain pattern or texture.
"Swimming pool coating" means a coating labeled and formulated to coat the interior of swimming pools and to resist swimming pool chemicals.
"Swimming pool repair and maintenance coating" means a rubber-based coating labeled and formulated to be used over existing rubber-based coatings for the repair and maintenance of swimming pools.
"Temperature-indicator safety coating" means a coating labeled and formulated as a color changing indicator coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above 204oC (400oF).
"Thermoplastic rubber coating and mastic" means a coating or mastic formulated and recommended for application to roofing or other structural surfaces and that incorporates no less than 40 percent by weight of thermoplastic rubbers in the total resin solids and may also contain other ingredients including, but not limited to, fillers, pigments and modifying resins.
"Tint base" means an architectural coating to which colorant is added after packaging in sale units to produce a desired color.
"Traffic marking coating" means a coating labeled and formulated for marking and striping streets, highways, or other traffic surfaces including, but not limited to, curbs, berms, driveways, parking lots, sidewalks, and airport runways.
"Undercoater" means a coating labeled and formulated to provide a smooth surface for subsequent coatings.
"Varnish" means a clear wood coating, excluding lacquers and shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may contain small amounts of pigment to color a surface, or to control the final sheen or gloss of the finish.
"VOC content" means the weight of VOC per volume of coating, calculated according to the procedures specified in 1.6.1.
"Waterproofing sealer" means a coating labeled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water.
"Waterproofing concrete/masonry sealer" means a clear or pigmented film-forming coating that is labeled and formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light and staining.
"Wood preservative" means a coating labeled and formulated to protect exposed wood from decay or insect attack, that is registered with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section 136, et. seq.) and with the Department of Agriculture of the State of Delaware under Title 3 Del.C. Ch. 12.
1.3 Standards
1.3.1 Except as provided in 1.3.2, and 1.3.7, no person subject to the requirements of this Section shall manufacture, blend, repackage for sale, supply, sell or offer for sale, solicit for application or apply in the State of Delaware, any architectural coating with a VOC content in excess of the corresponding limit specified in Table 1-1.
1.3.2 If anywhere on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by the manufacturer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in Table 1-1, then the most restrictive VOC content limit shall apply. This provision does not apply to the coating categories specified in 1.3.2.1 through 1.3.2.19.
1.3.2.1 Antenna coatings
1.3.2.2 Anti-fouling coatings
1.3.2.3 Bituminous roof primers
1.3.2.4 Calcimine recoaters
1.3.2.5 Fire-retardant coatings
1.3.2.6 Flow coatings
1.3.2.7 High-temperature coatings
1.3.2.8 Impacted immersion coatings
1.3.2.9 Industrial maintenance coatings
1.3.2.10 Lacquer coatings (including clear lacquer sanding sealers)
1.3.2.11 Low-solids coating
1.3.2.12 Metallic pigmented coatings
1.3.2.13 Nuclear coatings
1.3.2.14 Pre-treatment wash primers
1.3.2.15 Shellacs
1.3.2.16 Specialty primers, sealers, and undercoaters
1.3.2.17 Temperature-indicator safety coatings
1.3.2.18 Thermoplastic rubber coatings and mastic
1.3.2.19 Wood preservatives
1.3.3 All architectural coating containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging, or other means, shall be closed when not in use. These architectural coating containers include, but are not limited to, drums, buckets, cans, pails, trays, or other application containers. Containers of any VOC-containing materials used for thinning or cleanup shall also be closed when not in use.
1.3.4 No person shall apply or solicit the application of any architectural coating that is thinned to exceed the applicable VOC limit specified in Table 1-1.
1.3.5 No person shall apply or solicit the application of any rust preventive coating for industrial use unless such rust preventive coating complies with the industrial maintenance coating VOC limit specified in Table 1-1.
1.3.6 For any coating that does not meet any of the definitions for the specialty coatings categories listed in Table 1-1, the VOC content limit shall be determined by classifying the coating as a flat coating or a non-flat coating, based on its gloss, as defined in "Flat coating", "Non-flat coating", "Non-flat - high gloss coating" of Section 1.2 of this regulation and the corresponding flat or non-flat coating limit shall apply.
1.3.7 Notwithstanding the provisions of 1.3.1, a person or facility may add up to 10 percent by volume of VOC to a lacquer to avoid blushing of the finish during days with relative humidity greater than 70 percent and the temperature below 65oF, at the time of application, provided that the coating contains acetone and no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition of VOC.
1.4 Container Labeling Requirements
Each manufacturer of any architectural coatings subject to this rule shall display the information listed in 1.4.1 through 1.4.9 on the coating container (or label) in which the coating is sold or distributed, on or after January 1, 2005.
1.4.1 The date the coating was manufactured, or a date code representing the date, shall be indicated on the label, lid, or bottom of the container. If the manufacturer uses a date code for any coating, the manufacturer shall file an explanation of each code with the Department.
1.4.2 A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or lid of the container. This requirement does not apply to the thinning of architectural coatings with water. If thinning of the coating prior to use is not necessary, the recommendation must specify that the coating is to be applied without thinning.
1.4.3 Each container of any coating subject to this rule shall display either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer. VOC content shall be displayed in grams of VOC per liter of coating. VOC content displayed shall be calculated using product formulation data, or shall be determined using the test methods in 1.6.2. The equations in 1.6.1 shall be used to calculate VOC content.
1.4.4 All industrial maintenance coatings shall display on the label or the lid of the container in which the coating is sold or distributed one or more of the descriptions noted below:
1.4.4.1 For industrial use only
1.4.4.2 For professional use only
1.4.4.3 Not for residential use
1.4.4.4 Not intended for residential use
1.4.5 The labels of all clear brushing lacquers shall prominently display the statements "For brush application only", and "This product must not be thinned or sprayed".
1.4.6 The labels of all rust preventive coatings shall prominently display the statement "For metal substrates only".
1.4.7 The labels of all specialty primers, sealers, and undercoaters shall prominently display one or more of the descriptions listed below;
1.4.7.1 For blocking stains
1.4.7.2 For fire-damaged substrates
1.4.7.3 For smoke-damaged substrates
1.4.7.4 For water-damaged substrates
1.4.7.5 For excessively chalky substrates
1.4.7.6 To seal in efflorescence
1.4.8 The labels of all quick dry enamels shall prominently display the words "Quick Dry" and the dry hard time.
1.4.9 The labels of all non-flat-high gloss coatings shall prominently display the words "High Gloss".
1.5 Reporting Requirements
1.5.1 Each manufacturer of a product subject to a VOC content limit in Table 1-1 shall keep records demonstrating compliance with the VOC content limits. Such records shall clearly list each covered product by name (and identifying number if applicable) as shown on the product label, and in applicable sales and technical literature, the VOC content determined as in 1.6.1 and 1.6.2, the name(s) of the regulated VOC constituents in the product, the dates of VOC determinations, and the coating category and VOC content limit under which the product is regulated in Section 1.0 of this regulation. These records shall be kept for a period of at least five years (60 months) from when generated.
1.5.2 Although routine reporting by manufacturers of coating products is not required, from time-to-time the Department may request certain specific data concerning sales and distribution of coating products in Delaware. A manufacturer shall, within 90 days, accede to such requests for information. Requested information shall include, but not be limited to:
1.5.2.1 The name and full mailing address of the manufacturer
1.5.2.2 The name, address and telephone number of a contact person
1.5.2.3 The regulated product name as described on the label and the coating category in Table 1-1 under which the product is regulated
1.5.2.4 If the product is marketed for interior or exterior use
1.5.2.5 Number of gallons sold in Delaware during the requested time period in containers greater than 1 liter
1.5.2.6 Number of gallons sold in Delaware during the requested time period in containers of 1 liter or less
1.5.2.7 The actual and regulatory VOC content in grams per liter (if product in containers less than or equal to 1 liter has a different VOC content than product in containers larger than 1 liter, list them separately)
1.5.2.8 The actual and regulatory VOC content in grams per liter after recommended thinning (if product in containers less than or equal to 1 liter has a different VOC content than product in containers larger than 1 liter, list them separately)
1.5.2.9 The name(s) of the VOC constituents of the product
1.5.2.10 The name(s) of any exempt compounds in the product
1.6 Compliance Provisions and Test Methods
1.6.1 For the purpose of determining compliance with the VOC content limits in Table 1-1, the VOC content of a coating shall be determined by using the procedures described in 1.6.1.1 or 1.6.1.2, as appropriate. The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured.
1.6.1.1 With the exception of low-solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds. Determine the VOC content using equation 1 as follows:
(1) VOC Content = (Ws-Ww-Wec)
(Vm-Vw-Vec)
Where:
VOC Content = grams of VOC per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
Vw = volume of water, in liters
Vec = volume of exempt compounds, in liters
1.6.1.2 For low-solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, including the volume of any water and exempt compounds. Determine the VOC content using equation 2 as follows:
(2) VOC Content (ls) = (Ws-Ww-Wec)
(Vm)
Where:
VOC Content (ls) = the VOC content of a low-solids coating in grams per liter of coating
Ws = weight of volatile, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
1.6.2 To determine the physical properties of a coating in order to perform the calculations in 1.6.1, the reference method for VOC content is U.S. EPA Method 24 (40CFR60 Appendix A), incorporated by reference in 1.6.5.11, except as provided in 1.6.3 and 1.6.4. An alternative method to determine the VOC content of coatings is SCAQMD Method 304-91 (Revised February 1996), incorporated by reference in 1.6.5.12.
To determine the VOC content of a coating, the manufacturer may use U.S. EPA Method 24, or an alternative method, as provided in 1.6.3, formulation data, or any other reasonable means for predicting that the coating has been formulated as intended (e.g. quality assurance checks, recordkeeping). However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 results will govern, except when an alternative method is approved as specified in 1.6.3. The Secretary may require the manufacturer to conduct a Method 24 analysis.
Exempt compound content shall be determined by SCAQMD Method 303-91 (revised February 1993), incorporated by reference in 1.6.5.10. The exempt compound Parachlorobenzotrifluoride (PCBTF) shall be determined by BAAQMD Method 41, incorporated by reference in 1.6.5.9. Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be determined by BAAQMD Method 43, incorporated by reference in 1.6.5.8.
1.6.3 Other test methods demonstrated to provide results that are acceptable for the purposes of determining compliance with 1.6.2, after review and approval in writing by the Department and by the EPA, also may be used.
1.6.4 Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be conducted according to a modification of U.S. EPA Method 24 (40CFR59, subpart D, Appendix A), incorporated by reference in 1.6.5.13. This method has not been approved for methacrylate multi-component coatings used for purposes other than as traffic marking coatings or for other classes of multi-component coatings.
1.6.5 The following test methods are incorporated by reference herein, and shall be used to test coatings subject to the provisions of this rule:
1.6.5.1 The flame spread index of a fire-retardant coating shall be determined by the ASTM Designation E 84-99, "Standard Test Method for Surface Burning Characteristics of Building Materials," [see "Fire-retardant coating" in Section 1.2 of this regulation].
1.6.5.2 The fire-resistance rating of a fire-resistive coating shall be determined by ASTM Designation E 119-98, "Standard Test Methods for Fire Tests on Building Construction Materials," [see "Fire-resistive coating" in Section 1.2 of this regulation].
1.6.5.3 The gloss of a coating shall be determined by ASTM Designation D 523-89 (1999), "Standard Test Method for Specular Gloss" [see "Flat coating"; "Non-flat coating"; "Non-flat-high gloss coating"; "Quick-dry enamel" in Section 1.2 of this regulation].
1.6.5.4 The metallic content of a coating shall be determined by SCAQMD Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction," SCAQMD "Laboratory Methods of Analysis for Enforcement Samples," [see "Metallic pigmented coating" in Section 1.2 of this regulation].
1.6.5.5 The acid content of a coating shall be determined by ASTM Designation D 1613-96, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products," [see "Pre-treatment wash primer" in Section 1.2 of this regulation].
1.6.5.6 The set-to-touch and dry-to-recoat times of a coating shall be determined by ASTM Designation D 1640-95, "Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature," [see "Quick-dry enamel" and "Quick-dry primer, sealer, and undercoater" in Section 1.2 of this regulation]. The tack free time of a quick-dry enamel coating shall be determined by the Mechanical Test Method of ASTM Designation D 1640-95.
1.6.5.7 The chalkiness of a surface shall be determined using ASTM Designation D 4214-98, "Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films," [see "Specialty primer, sealer, and undercoater" in Section 1.2 of this regulation].
1.6.5.8 Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be analyzed as exempt compounds for compliance with 1.6 by BAAQMD Method 43, "Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials," BAAQMD Manual of Procedures, Volume III, adopted November 6, 1996 [see 1.6.2].
1.6.5.9 The exempt compound parachlorobenzotrifluoride (PCBTF), shall be analyzed as an exempt compound for compliance with 1.6 by BAAQMD Method 41, "Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride," BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995, [see 1.6.2].
1.6.5.10 Exempt compound content shall be analyzed by SCAQMD Method 303-91 (Revised 1993), "Determination of Exempt Compounds," SCAQMD "Laboratory Methods of Analysis for Enforcement Samples," [see 1.6.2].
1.6.5.11 The VOC content of a coating shall be determined by U.S. EPA Method 24 as it exists in Appendix A of 40 Code of Federal Regulations (CFR) Part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings," [see 1.6.2].
1.6.5.12 The VOC content of coatings may be analyzed by either U.S. EPA Method 24 or SCAQMD Method 304-91 (Revised 1996), "Determination of Volatile Organic Compounds (VOC) in Various Materials," SCAQMD " Laboratory Methods of Analysis for Enforcement Samples," [see 1.6.2].
1.6.5.13 The VOC content of methacrylate multi-component coatings used as traffic marking coatings shall be analyzed by the procedures in 40 CFR part 59, subpart D, Appendix A, "Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings," (September 11, 1998), [see 1.6.4].
1.6.5.14 The radiation resistance of a nuclear coating shall be determined by ASTM Method D 4082-89 "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants," see ["Nuclear coating" in Section 1.2 of this regulation].
1.6.5.15 The chemical resistance of nuclear coatings shall be determined by ASTM Method D 3912-80 (reapproved 1989) "Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants," [see "Nuclear coating" in Section 1.2 of this regulation].
1.7 Test Method Availability
1.7.1 ASTM methods described in 1.6 can be purchased from American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959. Telephone (610) 832-9585. Fax (610) 832-9555.
1.7.2 SCAQMD methods described in 1.6 can be purchased from South Coast Air Quality Management District, 21865 East Copley Drive, Diamond Bar, California 91765-0934. Telephone (909) 396-2162.
1.7.3 BAAQMD methods described in 1.6 can be purchased from Bay Area Air Quality Management District (BAAQMD), 939 Ellis Street, San Francisco, California 94109. Telephone (415) 749-4900.
TABLE 1-1
VOC CONTENT LIMITS FOR ARCHITECTURAL COATINGS
Note: Limits are expressed in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation (as indicated on the label or lid of the coating container), excluding the volume of any water, exempt compounds, or colorant added to tint bases.
COATING CATEGORY |
VOC CONTENT LIMIT |
Flat Coatings |
100 |
Non-flat Coatings |
150 |
Non-flat - High Gloss Coatings |
250 |
SPECIALTY COATINGS |
|
Antenna Coatings |
530 |
Anti-fouling Coatings |
400 |
Bituminous Roof Coatings |
300 |
Bituminous Roof Primers |
350 |
Bond Breakers |
350 |
Calcimine Recoaters |
475 |
Clear Wood Coatings |
|
Clear Brushing Lacquers |
680 |
Lacquers (including clear lacquer sanding sealers) |
550 |
Sanding Sealers (other than clear lacquer sanding sealers) |
350 |
Varnishes |
350 |
Conversion Varnish |
725* |
Concrete Curing Compounds |
350* |
Concrete Surface Retarders |
780* |
Dry Fog Coatings |
400* |
Faux Finishing Coatings |
350 |
Fire-resistive Coatings |
350 |
Fire-retardant Coatings |
|
Clear |
650 |
Opaque |
350 |
Floor Coatings |
250 |
Flow Coatings |
420 |
Form-release Compounds |
250 |
Graphic Arts Coatings (Sign Paints) |
500 |
High-temperature Coatings |
420 |
Impacted Immersion Coatings |
780* |
Industrial Maintenance Coatings |
340 |
Low-solids Coatings |
120*(1) |
Magnesite Cement Coatings |
450 |
Mastic Texture Coatings |
300* |
Metallic Pigmented Coatings |
500 |
Multi-color Coatings |
250 |
Nuclear Coatings |
450* |
Pre-treatment Wash Primers |
420 |
Primers, Sealers, and Undercoaters |
200 |
Quick-dry Enamels |
250 |
Quick-dry Primers, Sealers and Undercoaters |
200 |
Recycled Coatings |
250 |
Roof Coatings |
250 |
Rust Preventive Coatings |
400* |
Shellacs |
|
Clear |
730 |
Opaque |
550 |
Specialty Primers, Sealers, and Undercoaters |
350 |
Stains |
250 |
Swimming Pool Coatings |
340 |
Swimming Pool Repair and Maintenance Coatings |
340 |
Temperature-indicator Safety Coatings |
550 |
Thermoplastic Rubber Coatings and Mastic |
550* |
Traffic Marking Coatings |
150* |
Waterproofing Sealers |
250 |
Waterproofing Concrete/Masonry Sealers |
400 |
Wood Preservatives |
350 |
* Indicates limits and definition unchanged from the Federal rule (40CFR59 Subpart D) "National Volatile Organic Compound Emission Standards for Architectural Coatings" which is still in effect.
(1) Units are grams of VOC per liter of coating, including water and exempt compounds.
2.0 Consumer Products
2.1 Applicability
2.1.1 Except as provided in 2.1.2 and 2.1.3, Section 2.0 shall apply to any person who sells, supplies, offers for sale, or manufactures consumer products on and after January 1, 2005 for use in the State of Delaware.
2.1.2 The provisions of Section 2.0 shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State of Delaware, a consumer product that does not comply with the VOC standards specified in 2.3.1, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of the State of Delaware, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to the State of Delaware. This does not apply to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in the State of Delaware.
2.1.3 The provisions of Section 2.0 shall not apply to a retailer who sells, supplies or offers for sale in the State of Delaware, a particular consumer product that does not comply with the VOC standards specified in 2.3.1, provided that retailer demonstrates to the satisfaction of the Department that the manufacturer or distributor of that product mislead that retailer into believing that the product did comply with the VOC standards specified in 2.3.1.
2.2 Definitions
Terms used but not defined in Section 2.0 shall have the meaning given them in Regulation No.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 Section 2.0.
"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:
ACP Emissions = (Emissions)1 + (Emissions)2 + . . . + (Emissions)N
Emissions = (VOC Content) x (Enforceable Sales)
100
where,
For all products except for charcoal lighter material products:
VOC Contents = [(B - C) x 100]
A
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 2.3.7 through 2.3.12
For charcoal lighter material products only:
VOC Content = (Certified Emissions x 100)
Certified Use Rate
where,
Certified Emissions = emissions level for products specified 2.3.4.1
Certified Use Rate = see "Certified use rate" in Section 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:
ACP Limit = (Limit)1 + (Limit)2 + . . . + (Limit)N
Limit = (APC Standard) x (Enforceable Sales)
100
where,
Enforceable Sales = see "Enforceable sales" in Section 2.2 of this regulation
ACP Standard = see "ACP standard" in Section 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, except those products that have been exempted under 2.3, or exempted as innovative products under 2.4 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, whichever is the lesser of the two.
"ACP VOC standard" means the maximum allowable VOC content for an ACP product, determined as follows:
(1) the applicable VOC standard specified in 2.3.1 for all ACP products except for charcoal lighter material;
(2) for charcoal lighter material products only, the VOC standard for the purposes of Section 2.0 shall be calculated according to the following equation:
VOC Standard = (0.020 pound CH2 per start x 100)
Certified Use Rate
where,
0.020 = the certification emissions level as specified in 2.3.1.
Certified Use Rate = see "Certified use rate" in Section 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 exclusively for the removal of adhesives, caulk and other bonding materials from a specific or a variety of substrates.
"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 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 or 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):
(1) home use which means use in a household or its immediate environment,
(2) structural pest control which means a use requiring a license under Title 3 Del.C. Ch. 12,
(3) industrial use which means use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites, and
(4) institutional use which means use within the lines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes.
"Air freshener" means any consumer product including, but not limited to, sprays, wicks, powders, and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. "Air freshener" does not include products that are used on the human body, products that function primarily as cleaning products, disinfectant products claiming to deodorize by killing germs on surfaces, or institutional/industrial disinfectants when offered for sale solely through institutional and industrial channels of distribution. "Air freshener" does include spray disinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrial channels of distribution. To determine whether a product is an air freshener, all verbal and visual representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The presence of, and representations about, a product's fragrance and ability to deodorize (resulting from surface application) shall not constitute a claim of air freshening.
"All other carbon-containing compounds" means all other compounds which contain at least one carbon atom and are not exempt compounds or "LVP-VOC's."
"All other forms" means all consumer product forms for which no form-specific VOC standard is specified. Unless specified otherwise by the applicable VOC standard, "All other forms" include, but are not limited to, solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes).
"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.
"Architectural coating" means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.
"ASTM" means the American Society for Testing and Materials.
"Astringent/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 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:
(1) designed to protect and improve the appearance of motor vehicle painted surfaces;
(2) a solid at room temperature; and
(3) contains 0% water by formulation.
"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 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 to clean tile or surfaces in bathrooms. "Bathroom and tile cleaner" does not include products specifically designed to clean toilet bowls or toilet tanks.
"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:
(1) biological-type residues such as insect carcasses and tree sap and,
(2) road grime, such as road tar, roadway paint markings, and asphalt.
"CARB" means the California Air Resources Board.
"Carburetor or fuel-injection air intake cleaners" means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages. "Carburetor or fuel-injection air intake cleaners" does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors.
"Carpet and upholstery cleaner" means a cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles 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, 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 one-component adhesive that is designed exclusively for the installation, remodeling, maintenance, or repair of:
(1) structural and building components that include, but are not limited to, beams, trusses, studs, paneling [drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated hardboard or tileboard, etc.], ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or
(2) floor or wall coverings that include, but are not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, non-resilient flooring material, mirror tiles and other types of tiles, and artificial grass.
"Construction, panel, and floor covering adhesive" does not include floor seam sealer.
"Consumer" means 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.
"Contact adhesive" means an adhesive that:
(1) is designed for application to both surfaces to be bonded together;
(2) is allowed to dry before the two surfaces are placed in contact with each other;
(3) forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other; and
(4) does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces.
"Contact adhesive" does not include rubber cements that are primarily intended for use on paper substrates.
"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.
"Contact person" means a representative(s) that has been designated by the responsible ACP party for the purpose of reporting or maintaining any information specified in the ACP.
"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:
(1) house dust mite product means a product whose label, packaging or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling arthropods, and
(2) house dust mite means mites which feed 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.
"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 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 minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration.
"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 any product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.) and Title 3 Del.C. Ch. 12. "Disinfectant" does not include any of the following:
(1) products designed solely for use on human or animals;
(2) products designed for agricultural use;
(3) products designed solely for use in swimming pools, therapeutic tubs, or hot tubs;
(4) products which, as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes.
"Distributor" means 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.
"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 products which consist entirely of compressed gases for use in electronic or other specialty areas.
"Electronic cleaner" means a product designed specifically for the removal of dirt, grease or grime from electrical equipment such as electric motors, circuit boards, electricity panels, and generators.
"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 Section 2.0, "Enforceable sales records" include, but are not limited to, the following types of records:
(1) accurate records of direct retail or other outlet sales to the end user during the applicable compliance period;
(2) accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period, provided that a detailed method which can be used to verify any data comprising such summaries is recorded by the responsible ACP party;
(3) any other accurate product sales records approved by the Department as meeting the criteria specified in "Enforceable sales record" in Section 2.2 of this regulation.
"Engine degreaser" means a cleaning product designed to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.
"Exempt compound" means any carbon-containing compound listed as an exception to the definition of VOC's in Regulation No. 1101.
"Fabric protectant" means a product designed to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into the fabric's fibers. "Fabric protectant" does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics which are labeled "for dry clean only" and sold in containers of 10 fluid ounces or less.
"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, gels, 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 asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring.
"Floor polish or wax" means a wax, polish, or any other product designed to polish, protect, or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished. "Floor polish or wax" does not include spray buff products, products designed solely for the purpose of cleaning floors, floor finish strippers, products designed for unfinished wood floors, and coatings subject to architectural coatings regulations.
"Floor seam sealer" means 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.
"Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.
"Furniture maintenance product" means a wax, polish, conditioner, or any other product designed for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors. "Furniture maintenance product" does not include dusting aids, products designed solely for the purpose of cleaning, and products designed to leave a permanent finish such as stains, sanding sealers and lacquers.
"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.
"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:
(1) contact adhesives;
(2) construction, panel, and floor covering adhesives;
(3) adhesives designed exclusively for application on one specific category of substrates (i.e., substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls); or
(4) adhesives designed exclusively for use on one specific category of articles (i.e., articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, weather-stripping, or carpets).
"General purpose cleaner" means a product designed for general all-purpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations. "General purpose cleaner" includes products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces and does not include general purpose degreasers and electronic cleaners.
"General purpose degreaser" means any product designed 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, metal polish/cleanser, products used exclusively in solvent cleaning tanks or related equipment, or products that are:
(1) sold exclusively to establishments which manufacture or construct goods or commodities; and
(2) labeled "not for retail sale".
Solvent cleaning tanks or related equipment includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by immersion in a container.
"General-use hand or body cleaner or soap" means a cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils. "General-use hand or body cleaner or soap" includes, but is not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps. "General-use hand or body cleaner or soap" does not include prescription drug products, 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.
"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:
(1) apportionment of national or regional sales of the ACP product to State of Delaware 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 of Delaware's current population; or
(2) any other documented method which provides an accurate estimate of the total current State of Delaware sales of the ACP product.
"Hair mousse" means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.
"Hair shine" means 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 gel or spray gel, or products whose primary purpose is to condition or hold the hair.
"Hair styling gel" means 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 spray" means a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time.
"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 volatility organic compound (HVOC)" means any volatile organic compound that exerts a vapor pressure greater than 80 mm Hg when measured at 20oC.
"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.
"Insecticide" means a pesticide product that is designed for use against insects or other arthropods, but excluding products that are:
(1) for agricultural use;
(2) for a use which requires a structural pest control license under Title 3 Del.C. Ch. 12; or
(3) restricted materials that require a permit for use and possession.
"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:
(1) manufactures, transports, or sells goods or commodities, or provides services for profit; or
(2) is engaged in the nonprofit promotion of a particular public, educational, or charitable cause.
Establishments include, but are not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies. "Institutional product" does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.
"Label" means 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 product" means a product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease ironing of the fabric. "Laundry starch product" includes, but is not limited to, fabric finish, sizing, and starch.
"Lawn and garden insecticide" means an insecticide product designed primarily to be used in household lawn and garden areas to protect plants from insects or 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, incorporated by reference in 2.8.3. "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:
(1) automotive power steering fluids;
(2) products for use inside power generating motors, engines, and turbines, and their associated power-transfer gearboxes;
(3) two cycle oils or other products designed to be added to fuels;
(4) products for use on the human body or animals; or products that are
(a) sold exclusively to establishments which manufacture or construct goods or commodities, and
(b) labeled "not for retail sale".
"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:
(1) has a vapor pressure less than 0.1 mm Hg at 20oC, as determined by CARB Method 310, incorporated by reference in 2.8.1; or
(2) is a chemical "compound" wit