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Delaware General AssemblyDelaware RegulationsMonthly Register of RegulationsJuly 2016

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Regulatory Flexibility Act Form

Authenticated PDF Version

7 DE Admin. Code 1141
11/11/2006 xx/11/2016
1.1.1 Except as provided in subsections 1.1.2 and 1.1.3 of this regulation, Section 1.0 of this regulation 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 the applicable compliance dates in Table 1-1 “VOC Content Limits For Architectural Coatings”.
1.1.2 A coating manufactured prior to January 1, 2005, the applicable compliance date in Table 1-1 of this regulation may be sold, supplied, or offered for sale on or after January 1, 2005 the applicable compliance date. In addition, a coating manufactured before January 1, 2005 the applicable compliance date in Table 1-1 of this regulation may be applied at anytime any time, both before and after January 1, 2005 the applicable compliance date, 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 subsection 1.4.1 of this regulation.
1.1.3 The provisions of Section 1.0 of this regulation do not apply to
1.1.3.1 any architectural coating that is supplied, sold, offered for sale, or manufactured for use outside the State of Delaware or for shipment to other manufacturers for reformulation or repackaging;
1.1.3.3 any architectural coating that is sold in a container with a volume of one liter (1.057 quart) or less, including kits containing containers of different colors, types or categories of coatings and two component products. This applicability exception does not include bundling of containers one liter or less, which are sold together as a unit, or any type of marketing which implies that multiple containers one liter or less be combined into one container. This exemption also does not include packaging from which the coating cannot be applied. This exemption does not include multiple containers of one liter or less that are packaged and shipped together with no intent or requirement to ultimately sell as one unit.
Terms used but not defined in Section 1.0 of this regulation shall have the meaning given them in 7 DE Admin. Code 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.
Aluminum Roof Coating” means, for products manufactured on or after March 1, 2017, a coating labeled and formulated exclusively for application to roofs and containing at least 84 grams of elemental aluminum pigment per liter of coating (at least 0.7 pounds per gallon). Pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by reference in subsection 1.6.5.4 of this regulation.
Antenna coating” means, for products manufactured before March 1, 2017, a coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals. For products manufactured on or after March 1, 2017, the antenna coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable category in Table 1-1 of this regulation.
Anti-fouling coating” means, for products manufactured before March 1, 2017, 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 3 Del.C. Ch. 12. For products manufactured on or after March 1, 2017, the antifouling coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
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 as well as adhesives are not considered architectural coatings for the purpose of Section 1.0 of this regulation.
ASTM” means the American Society for Testing and Materials International.
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.
Basement specialty coating” means, for products manufactured on or after March 1, 2017, a clear or opaque coating that is labeled and formulated for application to concrete and masonry surfaces to provide a hydrostatic seal for basements and other below-grade surfaces. Basement specialty coatings must meet the following criteria:
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 for the primary purpose of preventing water penetration.
Bituminous roof primer” means a primer which incorporates bitumens that is labeled and formulated exclusively for roofing and intended for the purpose of preparing a weathered or aged surface or improving the adhesion of subsequent surfacing components.
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.
CAA” means the Clean Air Act, as amended in 1990.
Calcimine recoater” means a flat solvent-borne coating formulated and recommended specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.
Clear brushing lacquers” means, for products manufactured before March 1, 2017, 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 subsection 1.4.5 of this regulation. For products manufactured on or after March 1, 2017, the clear brushing lacquers coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
Clear wood coatings” means, for coatings manufactured before March 1, 2017, 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. For products manufactured on or after March 1, 2017, the clear wood coatings category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
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 perform one or more of the following functions:
Concrete/Masonry sealer” means, for products manufactured on or after March 1, 2017, a clear or opaque coating that is labeled and formulated primarily for application to concrete and masonry surfaces to perform one or more of the following functions:
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.
Conjugated oil varnish” means, for products manufactured on or after March 1, 2017, a clear or semi-transparent wood coating, labelled as such, excluding lacquers or shellacs, based on a natural occurring conjugated vegetable oil (tung oil) and modified with other natural or synthetic resins; a minimum of fifty percent of the resin solids consisting of conjugated oil. Supplied as a single component product, conjugated oil varnishes penetrate and seal the wood. Film formation is due to polymerization of the oil. These varnishes may contain small amounts of pigment to control the final gloss or sheen.
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.
Driveway sealer” means, for products manufactured on or after March 1, 2017, a coating labelled and formulated for application to worn asphalt driveway surfaces to perform one or more of the following functions:
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 7 DE Admin. Code 1101. Exempt compound content of a coating shall be determined by U. S. EPA Method 24, methods referenced in ASTM D 3960-05, or South Coast Air Quality Management District (SCAQMD) Method 303-91 (Revised February 1993), incorporated by reference in subsection 1.6.5.10 of this regulation.
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. to meet one or more of the following criteria:
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 The fire-resistive category includes sprayed fire-resistive materials and intumescent fire-resistive coatings that are used to bring 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 119-07a08, incorporated by reference in subsection 1.6.5.2 of this regulation.
Fire-retardant coating” means, for products manufactured before March 1, 2017, 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 84-08 D 84-10, incorporated by reference in subsection 1.6.5.1 of this regulation. For products manufactured on or after March 1, 2017, the fire-retardant coating category is eliminated and coatings meeting this definition are subject to the VOC limit of their primary category (e.g. Flat, Non-flat, Non-flat - high gloss).
Flat coating” means a coating that is undefined under any other definition in subsection 1.2 of this regulation 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 subsection 1.6.5.3 of this regulation.
Floor coating” means an opaque coating that is labeled and formulated for application to flooring, including, but not limited to, decks, porches, steps, garage floors, and other horizontal surfaces, which may be subjected to foot traffic.
Flow coating” means, for a product manufactured before March 1, 2017, 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. For products manufactured on or after March 1, 2017, the flow coating category is eliminated and coatings meeting this definition are subject to the VOC content limit of the applicable coating category in Table 1-1 of this regulation.
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, airbrush, 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, including floors, exposed to one or more of the extreme environmental conditions listed in (1) through (5) under this definition and labeled as specified in subsection 1.4.4 of this regulation:
(3) repeated frequent 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
Intumescent” means a material that swells as a result of heat exposure thus increasing in volume and decreasing in density.
Lacquer” means, for products manufactured before March 1, 2017, 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. For products manufactured on or after March 1, 2017, the lacquer category is eliminated and coatings meeting this definition are subject to the VOC content limit of the applicable coating category in Table 1-1 of this regulation.
Low-solids coating” means a coating containing 0.12 kilogram or less of solids per liter (one pound or less of solids per gallon) of coating material as recommended for application by the manufacturer. The VOC content for low-solids coatings shall be calculated in accordance with subsection 1.6.1.2 of this regulation.
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.
Manufacturer’s maximum thinning recommendation” means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.
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 (at least 0.010 inch) dry film thickness.
Medium density fiberboard” means a composite wood product, panel, molding, or other building material composed of cellulose fibers (usually wood) made by dry forming and pressing of resinated fiber mat.
Metallic pigmented coating” means a coating containing that is labeled and formulated to produce a metallic appearance. Metallic pigmented coatings must contain at least 48 grams of elemental metallic pigment (excluding zinc) per liter of coating as applied (at least 0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95, incorporated by reference in subsection 1.6.5.4 of this regulation. For products manufactured on or after March 1, 2017, the metallic pigmented coating category does not include coatings applied to roofs or zinc-rich primers.
Multi-color coating” means a coating that is packaged in a single container and that exhibits is labeled and formulated to exhibit more than one color when applied in a single coat.
Non-flat coating” means a coating that is undefined under any other definition in subsection 1.2 of this regulation 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 subsection 1.6.5.3 of this regulation.
Non-flat - high gloss coating” means a non-flat coating that registers a gloss of 70 or above greater on a 60-degree meter according to ASTM Designation D 523-89 (1999), incorporated by reference in subsection 1.6.5.3 of this regulation. Non-flat – high gloss coatings must be labeled in accordance with subsection 1.4.9 of this regulation.
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 [when tested in accordance with ASTM Method D 4082-02, incorporated by reference in subsection 1.6.5.14 of this regulation], relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed [when tested in accordance with ASTM Method D 3912-95(2001), incorporated by reference in subsection 1.6.5.15 of this regulation].
Particle board” means a composite wood product panel, molding, or other building material composed of cellulose material (usually wood) in the form of discrete particles, as distinguished from fibers, flakes, or strands, which are pressed together with resin.
Pearlescent” means exhibiting various colors depending on the angles of illumination and viewing, as observed in mother-of-pearl.
Plywood” means a panel product consisting of layers of wood veneers or composite core pressed together with resin. Plywood includes panel products made by either hot or cold pressing (with resin) veneers to a platform.
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 finished coatings generated by a business or consumer that have served their intended end uses and are recovered from or otherwise diverted from the waste stream for the purpose of recycling.
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 1613-06, incorporated by reference in subsection 1.6.5.5 of this regulation, 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, for products manufactured before March 1, 2017, a coating labeled and formulated for application to a substrate to provide a firm bond between the substrate and subsequent coats. For products manufactured on or after March 1, 2017, the primer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
Primer, sealer, and undercoater” means a coating labeled and formulated for one or more of the following purposes:
Quick-dry enamel” means, for products manufactured before March 1, 2017, a non-flat coating that is labeled as specified in subsection 1.4.8 of this regulation and that is formulated to have the following characteristics:
(2) when tested in accordance with ASTM Designation D 1640-03 1640-95 (1999), incorporated by reference in subsection 1.6.5.6 of this regulation, 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
For products manufactured on or after March 1, 2017, the quick-dry enamel coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
Quick-dry primer, sealer and undercoater” means, for products manufactured before March 1, 2017, 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 1640-03 1640-95 (1999), incorporated by reference in subsection 1.6.5.6 of this regulation. For products manufactured on or after March 1, 2017, the quick-dry, primer, sealer and undercoater coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
Reactive penetrating carbonate stone sealer” means, for products manufactured on or after March 1, 2017, a clear or pigmented coating that is labeled and formulated for application to above-grade carbonate stone substrates to provide protection from water and waterborne contaminants, including, but not limited to, alkalis, acids, and salts. Reactive penetrating carbonate stone sealers must penetrate into the carbonate stone substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate. Reactive penetrating carbonate stone sealers line the pores of carbonate stone substrates with a hydrophobic coating, but do not form a surface film. Reactive penetrating carbonate stone sealers must meet all of the following criteria:
Reactive penetrating sealer” means, for products manufactured on or after March 1, 2017, a clear or pigmented coating that is labeled and formulated for application to above-grade concrete and masonry substrates to provide protection from water and waterborne contaminants, including, but not limited to, alkalis, acids, and salts. Reactive penetrating sealers must penetrate into concrete and masonry substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate. Reactive penetrating sealers line the pores of concrete and masonry substrates with hydrophobic coating, but do not form a surface film. Reactive penetrating sealers must meet all the following criteria:
(4) must be labeled in accordance with the labeling requirement in subsection 1.4.11 of this regulation.
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. it contains a minimum of 50% by volume post-consumer coating, with a maximum of 50% by volume secondary industrial materials or virgin materials.
Roof coating” means a non-bituminous coating labeled and formulated exclusively for application to roofs for the primary purpose of preventing water penetration, of the substrate by water or reflecting heat or ultraviolet light, or reflecting solar 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 of this regulation. for one or more of the following applications:
Rust preventive coatings are for metal substrates only and must be labeled in accordance with the labeling requirements of subsection 1.4.6 of this regulation.
Sanding sealer” means, for products manufactured before March 1, 2017, 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. For products manufactured on or after March 1, 2017, the sanding sealer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
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, for products manufactured before March 1, 2017, 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. For products manufactured on or after March 1, 2017 the sealer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
Secondary coating (rework) industrial materialsmeans 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. means products or by-products of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended use.
Semitransparent coating” means a coating that contains binders and colored pigments and is formulated to change the color of the surface, but not conceal the grain pattern or texture.
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, for products manufactured before March 1, 2017, a coating labeled as specified in subsection 1.4.7 of this regulation 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 4214-07, incorporated by reference in subsection 1.6.5.7 of this regulation. For products manufactured on or after March 1, 2017, means a coating that is formulated for application to a substrate to block water-soluble stains resulting from fire damage, smoke damage or water damage. Specialty primer, sealer, and undercoater coatings must be labeled in accordance with subsection 1.4.7 of this regulation.
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.
Stone consolidant” means, for products manufactured on or after March 1, 2017, a coating that is labeled and formulated for application to stone substrates to repair historical structures that have been damaged by weathering or other decay mechanisms. Stone consolidants must penetrate into stone substrates to create bonds between particles and consolidate deteriorated material. Stone consolidants must be specified and used in accordance with ASTM E 2167-01, incorporated by reference in subsection 1.6.5.26 of this regulation. Stone consolidants are for professional use only and must be labeled in accordance with the labeling requirements in subsection 1.4.13 of this regulation.
Swimming pool coating” means a coating labeled and formulated to coat the interior of swimming pools and to resist swimming pool chemicals. For products manufactured on or after March 1, 2017, swimming pool coatings include coatings used for swimming pool repair and maintenance.
Swimming pool repair and maintenance coating” means, for products manufactured before March 1, 2017, a rubber-based coating labeled and formulated to be used over existing rubber-based coatings for the repair and maintenance of swimming pools. For products manufactured on or after March 1, 2017, the swimming pool repair and maintenance coating category is eliminated and coatings meeting this definition are included in the swimming pool coating category.
Temperature-indicator safety coating” means, for products manufactured before March 1, 2017, 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). For products manufactured on or after March 1, 2017, the temperature-indicator safety coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
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.
Tub and tile refinish coating” means, for products manufactured on or after March 1, 2017, a clear or opaque coating that is labeled and formulated exclusively for refinishing the surface of a bathtub, shower, sink, or countertop. Tub and tile refinish coatings must meet all of the following criteria:
Undercoater” means a coating labeled and formulated to provide a smooth surface for subsequent coatings.
Varnish” means, for products manufactured before March 1, 2017, a clear or semi-transparent 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.For coatings manufactured on or after March 1, 2017, the varnish coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
Veneer” means thin sheets of wood peeled or sliced from logs for use in the manufacture of wood products such as plywood, laminated veneer lumber, or other products.
Virgin materials” means materials that contain no post-consumer coatings or secondary industrial coatings.
VOC actual” means the VOC content of a low-solids coating as determined by using the procedures specified in subsection 1.6.1.2 of this regulation.
VOC content” means the weight of VOC per volume of coating, calculated according to the procedures specified in subsection 1.6.1 of this regulation.
VOC regulatory” means the VOC content of a coating, excluding low-solids coatings, as determined using the procedures specified in subsection 1.6.1.1 of this regulation.
Waterproofing sealer” means, for products manufactured before March 1, 2017, a coating labeled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water. For products manufactured on or after March 1, 2017, the waterproofing sealer coating category is eliminated and products meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
Waterproofing concrete/masonry sealer” means, for products manufactured before March 1, 2017, 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. For products manufactured on or after March 1, 2017, the waterproofing concrete/masonry sealer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
Waterproofing membrane” means, for products manufactured on or after March 1, 2017 a clear or opaque coating that is labeled and formulated for application to concrete and masonry surfaces to provide a seamless waterproofing membrane that prevents penetration of liquid water into the substrate. Waterproofing membranes are intended for the following waterproofing applications; below-grade surfaces, between concrete slabs, inside tunnels, inside concrete planters, and under flooring materials. Waterproofing membranes must meet the following criteria:
Wood coatings” means, for products manufactured on or after March 1, 2017, coatings labeled and formulated for application to wood substrates only. The wood coatings category includes the following clear and semi-transparent coatings: lacquers; varnishes; sanding sealers; penetrating oils; clear stains; wood conditioners used as undercoats; and wood sealers used as topcoats. The wood coatings category also includes the following opaque wood coatings: opaque lacquer; opaque sanding sealers; and opaque lacquer undercoaters. The wood coatings category does not include the following: clear sealers that are labeled and formulated for use on concrete/masonry surfaces; or coatings intended for substrates other than wood. Wood coatings must be labeled “for Wood Substrates Only”, in accordance with subsection 1.4.14 of this regulation.
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 3 Del.C. Ch. 12.
Wood substrate” means, a substrate made of wood, particle board, plywood, medium density fiberboard, rattan, wicker, bamboo, or composite products with exposed wood grain. Wood substrate does not include items comprised of simulated wood.
Zinc-Rich primer” means, for products manufactured on or after March 1, 2017, a coating that meets all if the following specifications:
1.3.1 Except as provided in subsections 1.3.2, 1.3.3 and 1.3.78 of this regulation, no person subject to the requirements of Section 1.0 of this regulation 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 on or after the compliance date shown in Table 1-1 of this regulation with a VOC content in excess of the corresponding limit specified in Table 1-1 of this regulation.
1.3.2 If For products manufactured before March 1, 2017, 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 of this regulation, then the most restrictive VOC content limit shall apply. This provision does not apply to the coating categories specified in subsections 1.3.2.1 through 1.3.2.1920 of this regulation.
1.3.2.20 Concrete surface retarder
1.3.34 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.
1.3.45 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 of this regulation.
1.3.56 No person shall apply or solicit the application of any rust preventive coating, manufactured before March 1, 2017, for industrial use unless such rust preventive coating complies with the industrial maintenance coating VOC limit specified in Table 1-1 of this regulation.
1.3.67 For any coating that does not meet any of the definitions for the specialty coatings categories listed in Table 1-1 of this regulation, the VOC content limit shall be determined by classifying the coating as a flat coating or a non-flat coating, or a non-flat high-gloss coating based on its gloss, as defined in subsection 1.2 of this regulation and the corresponding flat or non-flat, or non-flat high-gloss coating VOC limit in Table 1-1 of this regulation shall apply.
1.3.78 For products manufactured before March 1, 2017, Nnotwithstanding the provisions of subsection 1.3.1 of this regulation, 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% 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.
Each manufacturer of any architectural coatings subject to this rule shall display the information listed in subsections 1.4.1 through 1.4.915 of this regulation on the coating container (or label) in which the coating is sold or distributed, on or after January 1, 2005 the compliance date in Table 1-1 of this regulation.
1.4.3 For products manufactured before March 1, 2017 Eeach 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 subsection 1.6.2 of this regulation. The equations in subsection 1.6.1 of this regulation shall be used to calculate VOC content.
1.4.5 The labels of all clear brushing lacquers, manufactured before March 1, 2017, shall prominently display the statements "For brush application only", and "This product must not be thinned or sprayed".
1.4.7 The labels of all specialty primers, sealers, and undercoaters manufactured before March 1, 2017 shall prominently display one or more of the descriptions listed below;. For products manufactured on or after March 1, 2017, the labels of all specialty primers, sealers, and undercoaters shall display one or more of the descriptions listed below with the exception of subsection 1.4.7.5 of this regulation which shall not be used.
1.4.8 The labels of all quick dry enamels manufactured before March 1, 2017 shall prominently display the words "Quick Dry" and the dry hard time.
1.4.9 The labels of all non-flat-high gloss non-flat-high-gloss coatings shall prominently display the words "High Gloss".
1.4.10 The labels of all clear topcoat faux finishing coatings manufactured on or after March 1, 2017 shall prominently display the statement “This product can only be sold or used as part of a Faux Finishing coating system.”
1.4.11 The labels of all reactive penetrating sealers manufactured on or after March 1, 2017 shall prominently display the statement “Reactive Penetrating Sealer”.
1.4.12 The labels of all reactive penetrating carbonate stone sealers manufactured on or after March 1, 2017 shall prominently display the statement “Reactive Penetrating Carbonate Stone Sealer”.
1.4.13 The labels of all stone consolidants manufactured on or after March 1, 2017 shall prominently display the statement “Stone Consolidant – For Professional Use Only”.
1.4.14 The labels of all wood coatings manufactured on or after March 1, 2017 shall prominently display the statement “For Wood Substrates Only”.
1.4.15 The labels of all zinc primers manufactured on or after March 1, 2017 shall prominently display one or more of the following statements:
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 subsections 1.6.1 and 1.6.2 of this regulation, the name or names 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.
1.5.2.9 The name or names and CAS number of the VOC constituents of the product
1.5.2.10 The name or names and CAS number of any exempt compounds in the product
1.5.3 All data listed in subsection 1.5.2 shall be maintained by the responsible official for a minimum of five years.
1.6.1 For the purpose of determining compliance with the VOC content limits in Table 1-1 of this regulation, the VOC content of a coating shall be determined by using the procedures described in subsections 1.6.1.1 or 1.6.1.2 of this regulation, as appropriate. The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured.
1.6.2 To determine the physical properties of a coating in order to perform the calculations in subsection 1.6.1 of this regulation, the reference method for VOC content is U.S. EPA Method 24 (40CFR60 Appendix A), incorporated by reference in subsection 1.6.5.11 of this regulation, except as provided in subsections 1.6.3 and 1.6.4 of this regulation. An alternative method to determine the VOC content of coatings is SCAQMD Method 304-91 (Revised February 1996), incorporated by reference in subsection 1.6.5.12 of this regulation.
To determine the VOC content of a coating, the manufacturer may use U.S. EPA Method 24, or an alternative method, as provided in subsection 1.6.3 of this regulation, 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 subsection 1.6.3 of this regulation. 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 subsection 1.6.5.10 of this regulation. The exempt compound parachlorobenzotrifluoride (PCBTF) shall be determined by BAAQMD Method 41, incorporated by reference in subsection 1.6.5.9 of this regulation. Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be determined by BAAQMD Method 43, incorporated by reference in subsection 1.6.5.8 of this regulation.
1.6.3 Other test methods demonstrated to provide results that are acceptable for the purposes of determining compliance with subsection 1.6.2 of this regulation, 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 subsection 1.6.5.13 of this regulation. 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.
1.6.5.1 The flame spread index of a fire-retardant coating shall be determined by the ASTM Designation E 84-08 D 84-10, "Standard Test Method for Surface Burning Characteristics of Building Materials," [see "Fire-retardant coating" in subsection 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 119-07a E119-08, "Standard Test Methods for Fire Tests on Building Construction Materials," [see "Fire-resistive coating" in subsection 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 Non-flat high-gloss coating"; "Quick-dry enamel" in subsection 1.2 of this regulation].
1.6.5.5 The acid content of a coating shall be determined by ASTM Designation D 1613-06, "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 subsection 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 1640-03 1640-95 (1999), "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 subsection 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- 03.
1.6.5.7 The chalkiness of a surface shall be determined using ASTM Designation D 4214-07, "Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films," [see "Specialty primer, sealer, and undercoater" in subsection 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 subsection 1.6 of this regulation by the methods referenced in ASTM D 3960-05 “Standard Practice for Determining Volatile Organic (VOC) Content of Paints and Related Coatings”, or 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 subsection 1.6.2 of this regulation].
1.6.5.9 The exempt compound parachlorobenzotrifluoride (PCBTF), shall be analyzed as an exempt compound for compliance with subsection 1.6 of this regulation by methods referenced in ASTM D 3960-05 ”Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings” or 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 subsection1.6.2 of this regulation].
1.6.5.10 Exempt compound content shall be analyzed for compliance with subsection 1.6 of this regulation by methods referenced in ASTM D 3960-05 ”Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings” or by SCAQMD Method 303-91 (Revised 1993), "Determination of Exempt Compounds," SCAQMD "Laboratory Methods of Analysis for Enforcement Samples," [see subsection 1.6.2 of this regulation].
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 subsection 1.6.4 of this regulation].
1.6.5.14 The radiation resistance of a nuclear coating shall be determined by ASTM Method D 4082-02 "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants," [see "Nuclear coating" in subsection 1.2 of this regulation].
1.6.5.15 The chemical resistance of nuclear coatings shall be determined by ASTM Method D 3912-95 (2001) "Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants," [see "Nuclear coating" in subsection 1.2 of this regulation].
1.7.1 ASTM methods described in 1.6 of this regulation 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 of this regulation 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 of this regulation can be purchased from Bay Area Air Quality Management District (BAAQMD), 939 Ellis Street, San Francisco, California 94109. Telephone (415) 749-4900.
100
150
450
N/A
N/A
400
270
350
350
475*
N/A
N/A
N/A
N/A
350*
100
450
725*
725*
50
Clear
Opaque
500*
500*
780*
120*(1)
120*(1)
300*
450*
450*
400*
Clear
Opaque
550*
550*
150*
(1) Units are grams of VOC per liter of coating, including water and exempt compounds (the VOC actual).
"ACP (alternative control plan)" means an emissions averaging program, established and managed by a responsible ACP party which allows manufacturers to sell ACP products in the State of Delaware pursuant to the requirements of 2.0 of this regulation.
"ACP emissions" means the sum of the VOC emissions from every ACP product subject to an ACP, during the compliance period specified in the ACP, expressed to the nearest pound of VOC and calculated according to the following equation:
Certified Emissions = emissions levels for products specified 2.3.4.1 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 product" means any consumer product subject to the VOC standards specified in 2.3.1 of this regulation, except those products that have been exempted under 2.3 of this regulation, or exempted as innovative products under 2.4 of this regulation and is covered by an ACP established by the responsible ACP party.
"ACP reformulation or ACP reformulated" means the process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level which is less than the current VOC content of the product.
"ACP standard" means either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in 2.3.1 of this regulation, whichever is the lesser of the two.
"ACP VOC standard" means the maximum allowable VOC content for an ACP product, determined as follows:
VOC Standard = 0.020 pound CH2 per start x 100
"Adhesive" means any product that is applied for the purpose of bonding two surfaces together other than by mechanical means. Adhesive does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate.
"Adhesive remover" means a product designed to remove adhesives from a specific or a variety of substrates. Adhesive remover does not include products that remove adhesives intended exclusively for use on humans or animals.
"Aerosol adhesive" means an aerosol product in which the spray mechanism is permanently housed in a non-refillable can designed for hand-held application without the need for ancillary hoses or spray equipment. Aerosol adhesives include special purpose spray adhesives, mist spray adhesives and web spray adhesives.
"Aerosol cooking spray" means any aerosol product designed either to reduce sticking on cooking and baking surfaces or to be applied on food, or both.
"Aerosol product" means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container or by means of a mechanically induced force. Aerosol product does not include pump sprays.
"Agricultural use" means the use of any pesticide or method or device for the control of pests in connection with the commercial production, storage or processing of any animal or plant crop. Agricultural use does not include the sale or use of pesticides in properly labeled packages or containers which are intended for: (and defined for the purposes of this definition only):
"Air freshener" means any product including, but not limited to, sprays, wicks, wipes, diffusers, powders, and crystals, designed or labeled for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. Air freshener includes dual purpose air fresheners/disinfectant products. Air freshener does not include products that are used on the human body, products that function primarily as cleaning products as indicated on the product label, order remover/eliminator, toilet and urinal care product.
"All other carbon-containing compounds" means all other compounds which contain at least one carbon atom and are not exempt compounds or LVP-VOCs.
"All other forms" means all consumer product forms for which no form-specific VOC standard is specified. Unless specified otherwise by the applicable VOC standard, all other forms include, but are not limited to, solids, liquids, (which includes the liquid-containing or liquid-impregnanted portion of the cloth or paper wipes (towelettes)) wicks, powders, and crystals.
"Anti-microbial hand or body cleaner or soap" means a cleaner or soap designed to reduce the level of microorganisms on the skin through germicidal activity. Anti-microbial hand or body cleaner or soap includes, but is not limited to, anti-microbial hand or body washes/cleaners, food-handler hand washes, healthcare personnel hand washes, pre-operative skin preparations and surgical scrubs. Anti-microbial hand or body cleaner or soap does not include prescription drug products, antiperspirants, astringent/toner, deodorant, facial cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing detergent (including anti-microbial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, and rubbing alcohol.
"Antiperspirant" means any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20 percent in at least 50 percent of a target population.
"Anti-static product" means a product that is labeled to eliminate, prevent or inhibit the accumulation of static electricity. Anti-static product does not include electronic cleaner, floor polish or wax, floor coating and products that meet the definition of aerosol coating product or architectural coating.
"Architectural coating" means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.
"Aromatic compound" means a carbon containing compound that contains one or more benzene or equivalent heterocyclic rings and has an initial boiling point less than or equal to 280o C. Aromatic compound does not include compounds excluded from the definition of VOC.
"Artist's solvent/thinner" means any liquid product, labeled to meet ASTM D4236-94 (March 1, 2005) Standard Practice for Labeling Art Materials for Chronic Health Hazards, and is packaged in a container equal to or less than 34 fluid ounces, labeled to reduce the viscosity of, and/or remove, art coating compositions or components.
"ASTM" means the American Society for Testing and Materials International.
"Astringent/toner" means any product not regulated as a drug by the United States Food and Drug Administration (FDA) which is applied to the skin for the purpose of cleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. This category does not include any hand, face, or body cleaner or soap product, medicated astringent/medicated toner, cold cream, lotion, or antiperspirant.
"Automotive brake cleaner" means, for products manufactured before January 1, 2017, a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.
"Automotive hard paste wax" means a motor vehicle wax or polish which is:
"Automotive instant detailer" means a product designed for use in a pump spray that is applied to motor vehicle painted surfaces and wiped off prior to being allowed to dry.
"Automotive rubbing or polishing compound" means a product designed primarily to remove oxidation, old paint, scratches or "swirl marks", and other defects from motor vehicle painted surfaces without leaving a protective barrier.
"Automotive wax, polish, sealant or glaze" means a product designed to seal out moisture, increase gloss, or otherwise enhance motor vehicle painted surfaces. Automotive wax, polish, sealant or glaze includes, but is not limited to, products designed for use in auto body repair shops and drive-through car washes, as well as products designed for the general public. Automotive wax, polish, sealant or glaze does not include automotive rubbing or polishing compounds, automotive wash and wax products, surfactant-containing car wash products, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic.
"Automotive windshield cleaner" means, for product manufactured on and after January 1, 2017, a product labeled and packaged as an automotive windshield cleaner in the form of a moistened towelette and is designed to be used on automobile windshields, automotive mirrors, and automotive headlights. The product must be labeled for automotive use only. Automotive windshield cleaner does not include automotive windshield washer fluid.
"Automotive windshield washer fluid" means any liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield. Automotive windshield washer fluid does not include fluids placed by the manufacturer in a new vehicle.
"Bathroom and tile cleaner" means a product designed or labeled to clean tile or surfaces in bathrooms. Bathroom and tile cleaner does not include toilet/urinal care product.
Brake cleaner” means, for products manufactured on or after January 1, 2017, a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.
"Bug and tar remover" means a product designed to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish:
"CARB" means the California Air Resources Board.
"Carburetor or fuel-injection air intake cleaners" means a product designed or labeled to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages. Carburetor or fuel-injection air intake cleaners does not include products designed or labeled exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors or products designed or labeled exclusively to be introduced during engine operation directly into air intake vacuum lines by using a pressurized sprayer wand.
"Carpet and upholstery cleaner" means a cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles and/or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. Carpet and upholstery cleaner includes, but is not limited to, products that make fabric protectant claims. Carpet and upholstery cleaner does not include general purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.
"Certified use rate" means the usage level for charcoal lighter materials specified under 2.3.4 of this regulation, expressed to the nearest 0.001 pound of charcoal lighter materials used per start.
"Charcoal lighter material" means any combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition. Charcoal lighter material does not include any of the following: electrical starters and probes; metallic cylinders using paper tinder; natural gas; propane; and fat wood.
"Colorant" means any pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.
"Compliance period" means the period of time, not to exceed one year, for which the ACP limit and ACP emissions are calculated and for which compliance with the ACP limit is determined, as specified in the ACP.
"Construction, panel, and floor covering adhesive" means any non-aerosol one-component adhesive that is designed or labeled for the installation, remodeling, maintenance, or repair of:
"Consumer" means any person who purchases, or acquires any consumer product for personal, family, household, or institutional use. Persons acquiring a consumer product for resale are not consumers for that product.
"Consumer product" means a chemically formulated product used by household and institutional consumers including, but not limited to: antiperspirants; detergents; deodorants; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products, but does not include other paint products, furniture coatings, or architectural coatings. As used in 2.0 of this regulation, consumer products shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial and commercial uses.
"Contact adhesive" means a non-aerosol adhesive that:
"Contact adhesive - general purpose" means any contact adhesive that is not a contact adhesive - special purpose.
"Contact adhesive - special purpose" means a contact adhesive that:
"Contact person" means a representative or representatives that has been designated by the responsible ACP party for the purpose of reporting or maintaining any information specified in the ACP.
"Container/packaging" means the part or parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. Container/packaging includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached.
"Crawling bug insecticide" means any insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including, but not limited to, mites, silverfish or spiders. Crawling bug insecticide does not include products designed to be used exclusively on humans or animals, or any house dust mite product. For the purposes of this definition only:
"Date-code" means the day, month and year on which the consumer product was manufactured, filled, or packaged, or a code indicating such a date.
"Delaware sales" means the sales (net pounds of product, less packaging and container, per year) in Delaware for a specified calendar year. If direct sales data for the State of Delaware are not available, sales may be estimated by prorating national or regional sales data by population.
"Deodorant" means:
"Deodorant body spray" means:
"Device" means any instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately there from.
"Disinfectant" means a product that is labeled as a disinfectant, or is labeled to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered as a disinfectant under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.) and Title 3 Del.C. Ch. 12. Products that are labeled as both a sanitizer and a disinfectant are considered disinfectants. Disinfectant does not include any of the following:
"Distributor" means any person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors.
"Double-phase aerosol air freshener" means an aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion.
"Dry cleaning fluid" means any non-aqueous liquid product designed and labeled exclusively for use on: fabrics which are labeled "for dry clean only", such as clothing or drapery; or S-coded fabrics. Dry cleaning fluid includes, but is not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer's residence or work place. Dry cleaning fluid does not include spot remover or carpet and upholstery cleaner. For the purposes of this definition, S-coded fabric means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee.
"Dual purpose air freshener/disinfectant" means an aerosol product that is represented on the product container for use as both a disinfectant and an air freshener, or is so represented on any sticker, label, packaging, or literature attached to the product container.
"Dusting aid" means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating. Dusting aid does not include pressurized gas duster.
"Electrical cleaner" means a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armatures, relays, electric panels, or generators. Electric cleaner does not include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electrical cleaner, pressurized gas duster, engine degreaser, anti-static product or products designed to clean the casings or housings of electrical equipment.
"Electronic cleaner" means a product labeled for the removal of dirt, moisture, dust, flux or oxides from the internal components of electronic or precision equipment such as circuit boards, and the internal components of electronic devices, including, but not limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and computers. Electronic cleaner does not include general purpose cleaner, general purpose degreaser, dusting aid, pressurized gas duster, engine degreaser, electrical cleaner, energized electrical cleaner, anti-static product, or products labeled to clean the casings or housings of electronic equipment. Electronic cleaner does not include any product that meets both of the following criteria:
"Energized electrical cleaners" means a product that meets both of the following criteria:
"Enforceable sales" means the total amount of an ACP product sold for use in the State of Delaware, during the applicable compliance period specified in the ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding product container and packaging).
"Enforceable sales record" means a written, point-of-sale record or any other Department-approved system of documentation from which the mass, in pounds (less product container and packaging), of an ACP product sold to the end user in the State of Delaware during the applicable compliance period can be accurately documented. For the purposes of 2.0 of this regulation, Enforceable sales records include, but are not limited to, the following types of records:
"Engine degreaser" means a cleaning product designed or labeled to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.
"Exempt compound" means any carbon-containing compound listed as an exception to the definition of VOC's in 7 DE Admin. Code 1101.
"Fabric protectant" means:
"Fabric refresher" means a product labeled to neutralize or eliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, clothing and/or on household furniture or objects upholstered or covered with fabrics such as, but not limited to, wool, cotton or nylon. Fabric refresher does not include anti-static product, carpet and upholstery cleaner, footwear or leather care product, spot remover, or disinfectant, or products labeled for application to both fabric and human skin.
"Facial cleaner or soap" means a cleaner or soap designed primarily to clean the face. Facial cleaner or soap includes, but is not limited to, facial cleansing creams, semisolids, liquids, lotions, and substrate-impregnated forms. Facial cleaner or soap does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.
"Fat wood" means pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling. Fat wood does not include any kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.
"Flea and tick insecticide" means any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs. Flea and tick insecticide does not include products that are designed to be used exclusively on humans or animals and their bedding.
"Flexible flooring material" means, for products manufactured before January 1, 2017, asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring.
"Floor coating" means an opaque coating that is labeled and designed for application to flooring, including, but not limited to, decks, porches, steps and other horizontal surfaces which may be subject to foot traffic.
"Floor polish or wax" means:
"Floor seam sealer" means any product designed and labeled exclusively for bonding, fusing, or sealing (coating) seams between adjoining rolls of installed flexible sheet flooring.
"Floor wax stripper" means a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax. Floor wax stripper does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion.
"Flying bug insecticide" means any insecticide product that is designed for use against flying insects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats. Flying bug insecticide does not include wasp and hornet insecticide, products that are designed to be used exclusively on humans or animals, or any moth-proofing product. For the purposes of this definition only, moth-proofing product means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods.
"Footwear or leather care product" means any product designed or labeled to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component. Footwear includes both leather and non-leather foot apparel. Footwear or leather care product does not include fabric protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric refresher, products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than 2 millimeters thick.
"Fragrance" means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of 2 mm. of Hg at 20 degrees C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.
"Furniture coating" means any paint designed for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas.
"Furniture maintenance product" means a wax, polish, conditioner, or any other product labeled for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors, and other furniture surfaces including but not limited to acrylics, ceramic, plastics, stone surfaces, metal surfaces, and fiberglass. Furniture maintenance product does not include dusting aids, wood cleaners and products designed solely for the purpose of cleaning, or products designed to leave a permanent finish such as stains, sanding sealers and lacquers.
"Gel" means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, such as jelly.
"General purpose adhesive" means any non-aerosol adhesive designed for use on a variety of substrates. General purpose adhesive does not include:
"General purpose cleaner" means a product labeled to clean a variety of hard surfaces, including small appliances. General purpose cleaner includes, but is not limited to, products designed or labeled for general floor cleaning, kitchen, countertop, or sink cleaning, and cleaners designed or labeled to be used on a variety of hard surfaces such as stovetops, cooktops, or microwaves.
"General purpose degreaser" means a product labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts. General purpose degreaser does not include engine degreaser, general purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, metal polish/cleanser, or oven or grill cleaner, or products used exclusively in solvent cleaning tanks or related equipment, or products that are:
"General-use hand or body cleaner or soap" means a cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils. General-use hand or body cleaner or soap includes, but is not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps. General-use hand or body cleaner or soap does not include prescription drug products, anti-microbial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent (including anti-microbial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.
"Glass cleaner" means a cleaning product designed primarily for cleaning surfaces made of glass. Glass cleaner does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines.
"Graffiti remover" means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish or shoe polish, from a variety of non-cloth or non-fabric substrates. Graffiti remover does not include paint remover and stripper, nail polish remover, or spot remover. Products labeled for dual use as both a paint stripper and a graffiti remover are considered graffiti removers.
"Gross Delaware sales" means the estimated total State of Delaware sales of an ACP product during a specific compliance period (expressed to the nearest pound), based on either of the following methods, whichever the responsible ACP party determines will provide an accurate State of Delaware sales estimate:
"Hair mousse" means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.
"Hair shine" means any product designed for the primary purpose of creating a shine when applied to the hair. Hair shine includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hair. Hair shine does not include hair spray, hair mousse, hair styling product, hair styling gel, or products whose primary purpose is to condition or hold the hair.
"Hair spray" means:
"Hair styling gel" means a consumer product manufactured before May 1, 2009 that is a high viscosity, often gelatinous, product that contains a resin and is designed for application to hair to aid in styling and sculpting of the hair coiffure.
"Hair styling product" means a consumer product manufactured on or after May 1, 2009, that is designed or labeled for the application to wet, damp or dry hair to aid in defining, shaping, lifting, styling, and/or sculpting of the hair. Hair styling product includes, but is not limited to, hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hair style, and leave-in volumizers, detanglers and/or conditioners that make styling claims. Hair styling product does not include hair mousse, hair shine, hair spray, or shampoos or conditioners that are rinsed from the hair prior to styling. For the purposes of this definition, finish or finishing means the maintaining and/or holding of previously styled hair for a period of time and styling means forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.
"Heavy-duty hand cleaner or soap" means a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of water. Heavy-duty hand cleaner or soap does not include prescription drug products, anti-microbial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, medicated astringent/medicated toner or rubbing alcohol.
"Herbicide" means a pesticide product designed to kill or retard a plant's growth, but excludes products that are; for agricultural use, or restricted materials that require a permit for use and possession.
High-temperature coating” means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204o C (400o F).
"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.
"Industrial maintenance coating" means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats formulated for application to substrates, including floors, exposed to one or more of the following extreme environmental conditions listed below and labeled "For industrial use only", "For professional use only", "Not for residential use", or "Not intended for residential use".
"Insecticide" means a pesticide product that is designed for use against insects or other arthropods, but excluding products that are:
"Insecticide fogger" means any insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application.
"Institutional product" or "Industrial and institutional (I & I) product" means a consumer product that is designed for use in the maintenance or operation of an establishment that:
"Label" means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of branding, identifying, or giving information with respect to the product or to the contents of the package.
"Laundry prewash" means a product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness of laundry detergents and/or provides specialized performance.
"Laundry starch/sizing/fabric finish product" means a product that is labeled for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease ironing of the fabric. Laundry starch/sizing/fabric finish product includes, but is not limited to, fabric finish, sizing, and starch.
"Lawn and garden insecticide" means an insecticide product labeled primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithstanding the requirements of 2.5.2 of this regulation, lawn and garden insecticides (aerosol) may claim to kill insects and other arthropods.
"Liquid" means a substance or mixture of substances which is capable of a visually detectable flow as determined under ASTM D-4359-90 (2006), incorporated by reference in 2.8.3 of this regulation. Liquid does not include powders or other materials that are composed entirely of solid particles.
"Lubricant" means a product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms. Lubricant does not include:
"LVP content" means the total weight, in pounds, of LVP-VOC compounds in an ACP product multiplied by 100 and divided by the product's total net weight, in pounds, excluding container and packaging, expressed to the nearest 0.1 percent.
"LVP-VOC" means a low vapor pressure chemical compound or mixture that contains at least one carbon atom and meets one of the following:
(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 of this regulation; or
(3) is a chemical "compound" with a boiling point greater than 216oC, as determined by CARB Method 310, incorporated by reference in 2.8.1 of this regulation; or
(4) is the weight percent of a chemical "mixture" that boils above 216oC, as determined by CARB Method 310, incorporated by reference in 2.8.1 of this regulation.
"Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product.
"Medicated astringent/medicated toner" means any product regulated as a drug by the FDA which is applied to the skin for the purpose of cleaning or tightening pores. Medicated astringent/medicated toner includes, but is not limited to, clarifiers and substrate-impregnated products. Medicated astringent/medicated toner does not include hand, face, or body cleaner or soap products, personal fragrance products, astringent/toner, cold cream, lotion, antiperspirants, or products that must be purchased with a doctor's prescription.
"Medium volatility organic compound (MVOC)" means any volatile organic compound that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20oC.
"Metal polish/cleanser" means any product designed primarily to improve the appearance of finished metal, metallic, or metalized surfaces by physical or chemical action. To improve the appearance means to remove or reduce stains, impurities, or oxidation from surfaces or to make surfaces smooth and shiny. Metal polish/cleanser includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals. Metal polish/cleanser does not include: automotive wax, polish, sealant or glaze; wheel cleaner; paint remover or stripper; products designed and labeled exclusively for automotive and marine detailing; or, products designed for use in degreasing tanks.
"Missing data days" means the number of days in a compliance period for which the responsible ACP party has failed to record the required enforceable sales or VOC content data, as specified in the ACP.
"Mist spray adhesive" means any aerosol which is not a special purpose spray adhesive and which delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate.
"Multi-purpose dry lubricant" means any lubricant which is:
"Multi-purpose lubricant" means any lubricant designed for general purpose lubrication, or for use in a wide variety of applications. Multi-purpose lubricant does not include: multi-purpose dry lubricants; penetrants; or, silicone-based multi-purpose lubricants.
"Multi-purpose solvent" means:
"Nail polish" means any clear or colored coating designed for application to the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, base coats and top coats.
"Nail polish remover" means a product designed to remove nail polish and coatings from fingernails or toenails.
"Non-aerosol product" means any consumer product that is not dispensed by a pressurized spray system.
"Non-carbon containing compound" means any compound which does not contain carbon atoms.
"Non-resilient flooring" means, for products manufactured before January 1, 2017, flooring of a mineral content which is not flexible. Non-resilient flooring includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete.
"Non-selective terrestrial herbicide" means a terrestrial herbicide product that is toxic to plants without regard to species.
"One-product business" means a responsible ACP party which sells, supplies, offers for sale, or manufactures for use in the State of Delaware:
"OTC state" means any of the following, considered to be in the Ozone Transport Region as defined in the CAA and members of the Ozone Transport Commission (OTC): Connecticut, Delaware, District of Columbia, Maryland, Massachusetts, Maine, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Virginia and Vermont.
"Oven or grill cleaner" means a product labeled exclusively to remove baked on greases and/or deposits from food preparation and/or food cooking surfaces. A product that is labeled as an oven or grill cleaner that makes claims that it is suitable for degreasing other hard surfaces is a general purpose degreaser. A product that is labeled as an oven or grill cleaner that makes claims that it is suitable for cleaning other hard surfaces is a general purpose cleaner.
"Paint" means any pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.
"Paint remover or stripper" means any product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate. Paint remover or stripper does not include:
Paint thinner” means, for products manufactured on or after January 1, 2017, any liquid product used for reducing the viscosity of coating compositions or components, that prominently displays the term “Paint Thinner”, “Lacquer Thinner”, “Thinner”, or “Reducer” on the front panel of its packaging. Paint thinner does not include any of the following products:
"Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes. Penetrant does not include multi-purpose lubricants that claim to have penetrating qualities, but are not labeled primarily to loosen bonded parts.
"Personal fragrance product" means any product which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including cologne, perfume, aftershave and toilet water. Personal fragrance product does not include: deodorant; medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body; mouthwashes, breath fresheners and deodorizers; lotions, moisturizers, powders or other skin care products used primarily to alleviate skin conditions such as dryness and irritations; products designed exclusively for use on human genitalia; soaps, shampoos and products primarily used to clean the human body; and, fragrance products designed to be used exclusively on non-human animals.
"Pesticide" means any substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture of substances labeled, designed, or intended for use as a defoliant, desiccant, or plant regulator, provided that the term pesticide will not include any substance, mixture of substances, or device which the United States Environmental Protection Agency does not consider a pesticide. (EPA Office of Pesticide Programs or see http://www.epa.gov/pesticides/index.html.)
"Pre-ACP VOC content" means the lowest VOC content of an ACP product between January 1, 1990 and the date on which the ACP was established by the manufacturer, based on available Delaware sales records, or other accurate records, whichever yields the lowest VOC content for the product. If a valid ACP is in force in another state, product data from that state may be used if it yields the lowest VOC content for the product.
"Pressurized gas duster" means a pressured product labeled to remove dust from a surface solely by means of mass air or gas flow, including surfaces such as photographs, photographic film negatives, computer keyboards and other types of surfaces that cannot be cleaned with solvents. Pressurized gas duster does not mean dusting aid.
"Principal display panel or panels" means that part, or those parts of a label that are so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the principal display panel shall pertain to all such principal display panels.
"Product brand name" means the name of the product exactly as it appears on the principal display panel of the product.
"Product category" means the applicable category which best describes the product as listed in 2.2 and in Table 2-1 of this regulation.
"Product form" means, for the purposes of complying with 2.6 of this regulation only, the applicable form that most accurately describes the products' dispensing form as follows; A= aerosols, S= solids, L= liquids, P= pump spray, SS= semisolid, and O= other.
"Product line" means a group of products of identical form and function belonging to the same product category or categories.
"Propellant" means a liquefied or compressed gas that is used in whole or in part, such as a co-solvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container.
"Pump spray" means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.
"Reconcile or reconciliation" means to provide sufficient VOC emission reductions to completely offset any shortfalls generated under the ACP during an applicable compliance period.
"Reconciliation of shortfalls plan" means the plan to be implemented by the responsible ACP party when shortfalls have occurred, pursuant to 2.10.3.7.10 of this regulation.
"Responsible ACP party" means the company, firm or establishment which is listed on the ACP product's label. If the label lists two or more companies, firms, or establishments, the responsible ACP party is the party which the ACP product was "manufactured for" or "distributed by", as noted on the label.
"Responsible party" means the company, firm or establishment which is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party which the product was "manufactured for" or "distributed by", as noted on the label.
"Restricted materials" means pesticides established as restricted materials under Title 3 Del.C. Ch. 12 or under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. Section 136 et seq.)
"Retailer" means any person who sells, supplies, or offers consumer products for sale directly to consumers.
"Retail outlet" means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers.
"Roll-on product" means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.
"Rubber/vinyl protectant" means:
(1) for products manufactured before January 1, 2017, any product designed to protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products such as vinyl covers, clothing, and accessories. Rubber/vinyl protectant does not include products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing or protective substance on the tire.
"Rubbing alcohol" means any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage.
"Sanitizer" means, for products manufactured on and after January 1, 2017, a product that is labeled as a sanitizer, or labeled to reduce, but not necessarily eliminate, microorganisms in the air, on surfaces, or on inanimate objects, and whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA: 7 U.S.C. section 136 et seq.). Products that are labeled as both a sanitizer and a disinfectant are considered disinfectants. Sanitizer does not include disinfectant; products labeled solely for use on humans or animals; products labeled solely for agricultural use; products labeled for use in swimming pools, therapeutic tubs, or hot tubs; products which are labeled to be used on heat sensitive critical or semi-critical medical devices or medical equipment surfaces; products which are pre-moistened wipes or towelettes sold exclusively to medical, convalescent or veterinary establishments; products which are labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food; or products which are labeled as bathroom and tile cleaners; glass cleaners; general purpose cleaners; toilet/urinal care products; metal polishers; carpet cleaners; or fabric refreshers that may also make sanitizing or anti-microbial claims on the label.
"SCAQMD" means the South Coast Air Quality Management District, a part of the California Air Resources Board which is responsible for regulation of air quality in the State of California.
"Sealant and caulking compound" means any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces. Sealant and caulking compound does not include:
(7) sealers that are applied as continuous coatings.
"Semisolid" means a product that, at room temperature, will not pour, but will spread or deform easily, including, but not limited to, gels, pastes, and greases.
"Shaving cream" means an aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial or other bodily hair. Shaving cream does not include shaving gel.
"Shaving gel" means an aerosol product which dispenses a post-forming semisolid designed to be used with a blade, cartridge razor, or other shaving system in the removal of facial or other bodily hair. Shaving gel does not include shaving cream.
"Shortfall" means the ACP emissions minus the ACP limit when the ACP emissions were greater than the ACP limit during a specified compliance period, expressed to the nearest pound of VOC. Shortfall does not include emissions occurring prior to the date the ACP was established.
"Silicone-based multi-purpose lubricant" means any lubricant which is: (i) designed and labeled to provide lubricity primarily through the use of silicone compounds including, but not limited to, polydimethylsiloxane, and (ii) designed and labeled for general purpose lubrication, or for use in a wide variety of applications. Silicone-based multi-purpose lubricant does not include products designed and labeled exclusively to release manufactured products from molds.
"Single-phase aerosol air freshener" means an aerosol air freshener with the liquid contents in a single homogeneous phase and which does not require that the product container be shaken before use.
"Small business" means an independently owned and operated business with less than 100 employees as defined by the Administrator of the federal Small Business Administration pursuant to U. S. Public Law 85-536.
"Solid" means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D-4359-90, incorporated by reference in 2.8.3 of this regulation.
"Special purpose spray adhesive" means an aerosol adhesive that meets any of the following definitions:
(1) "Mounting adhesive" means an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) without causing discoloration to the artwork.
(2) "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 to 275 degrees F.
(3) "Flexible vinyl adhesive" means an aerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least five percent, by weight, of plasticizer content. A plasticizer is a material, such as a high boiling point organic solvent, that is incorporated into a plastic to increase its flexibility, workability, or distensibility, and may be determined using ASTM Method D1045-95, incorporated by reference in 2.8.5 of this regulation, or from product formulation data.
(4) "Polystyrene foam adhesive" means an aerosol adhesive designed to bond polystyrene foam to substrates.
(5) "Automotive headliner adhesive" means an aerosol adhesive designed to bond together layers in motor vehicle headliners.
(6) "Polyolefin adhesive" means an aerosol adhesive designed to bond polyolefins to substrates.
(7) "Laminate repair/edgebanding adhesive" means an aerosol adhesive designed for:
"Spot remover" means any product labeled to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal. Spot remover does not include dry cleaning fluid, laundry pre-wash, or multi-purpose solvent.
"Spray buff product" means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.
"Stick product" means, for products manufactured before January 1, 2017, any antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the affected area.
"Structural waterproof adhesive" means an adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM-A-181 D (Type 1, Grade A).
"Surplus reduction" means the ACP limit minus the ACP emissions when the ACP limit was greater than the ACP emissions during a given compliance period, expressed to the nearest pound of VOC. Surplus reduction does not include emissions occurring prior to the date the ACP was established by the manufacturer.
"Surplus trading" means the buying, selling, or transfer of surplus reductions between responsible ACP parties.
"Temporary hair color" means, for products manufactured on or after January 1, 2017, any product that applies color, glitter, or UV-active pigments to hair, wigs, or fur and is removable when washed. Temporary hair color includes hair color mousses and products labeled to add texture or thickness to cover thinning/balding areas. Temporary hair color does not include hair spray, hair styling product or hair mousse.
"Terrestrial" means to live on or grow from land.
"Tire sealant and inflators" means any pressurized product that is designed to temporarily inflate and seal a leaking tire.
"Toilet/urinal care product" means any product designed or labeled to clean and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals includes, but is not limited to, toilets or urinals connected to permanent plumbing in buildings and other structures, portable toilets or urinals placed at temporary or remote locations, and toilets or urinals in vehicles such as buses, recreational motor homes, boats, ships and aircraft. Toilet/urinal care product does not include bathroom and tile cleaner or general purpose cleaner.
"Total maximum historical emissions (TMHE)" means the total VOC emissions from all ACP products for which the responsible ACP party has failed to record the required VOC content or enforceable sales records. The TMHE shall be calculated for each ACP product during each portion of a compliance period for which the responsible ACP party has failed to record the required VOC content or enforceable sales records. The TMHE shall be expressed to the nearest pound and calculated according to the following calculation:
TMHE = (MHE)1 + (MHE)2 + …(MHE)N
MHE = (Highest VOC Content x Highest Sales) x Missing Data Days)
"Type A propellant" means a compressed gas such as CO2, N2, N2O, or compressed air which is used as a propellant, and is either incorporated with the product or contained in a separate chamber within the product's packaging.
"Type B propellant" means any halocarbon which is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).
"Type C propellant" means any propellant which is not a Type A or Type B propellant, including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide).
"Undercoating" means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to prevent the formation of rust or to deaden sound. Undercoating includes, but is not limited to, rubberized, mastic, or asphaltic products.
"Usage directions" means the text or graphics on the product's principal display panel, label, or accompanying literature which describes to the end user how and in what quantity the product is to be used.
Vinyl/fabric/leather/polycarbonate coating” means a coating designed and labeled exclusively to coat vinyl, fabric, leather or polycarbonate substrates.
"VOC content" means, except for charcoal lighter products, the total weight of VOC in a product expressed as a percentage of the product weight (exclusive of the container or packaging), as determined pursuant to 2.8.1 and 2.8.2 of this regulation.
"Wasp and hornet insecticide" means any insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects, or their hiding place.
"Waterproofer" means a product designed and labeled exclusively to repel water from fabric or leather substrates. Waterproofer does not include fabric protectants.
"Wax" means a material or synthetic thermoplastic substance generally composed of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics). Wax includes, but is not limited to, substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.
"Web spray adhesive" means any aerosol adhesive which is not a mist spray or special purpose spray adhesive.
"Wood cleaner" means a product labeled to clean wooden materials including, but not limited to, decking, fences, flooring, logs, cabinetry, and furniture. Wood cleaner does not include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper, floor polish or wax, or products designed and labeled exclusively to preserve or color wood.
"Wood floor wax" means, for products manufactured before January 1, 2017, wax-based products for use solely on wood floors.
"Working day" means any day between Monday through Friday, inclusive, except for days that are federal holidays.
Zinc-rich primer” means a coating that meets all the following specifications:
NOTE: ITEMS 2.3.11 THROUGH 2.3.19 CONSTITUTE MISCELLANEOUS EXEMPTIONS
ER = The VOC emissions from the non-complying representative product, had it been reformulated.
ENC = The VOC emissions from the non-complying representative product in its current formulation.
VOCSTD = the VOC limit specified in 2.3.1 (Table 2-1) of this regulation.
VOCNC = the VOC content of the non-complying product in its current formulation.
In addition, the applicant must provide any information necessary to enable the Department to establish enforceable conditions for granting the exemption including the VOC content for the innovative product and test methods for determining the VOC content. All information submitted to the Department is subject to public review under terms of the Freedom of Information Act (FOIA) (to be found at Title 29 Del.C. Ch. 100), unless deemed to be confidential by the Secretary in accordance with the procedures outlined in the FOIA regulation and codified at 8 DE Admin. Code 900. The procedure an applicant must follow in order to have information classified as confidential is reviewed in the DNREC FOIA regulation which can be obtained from the Department.
2.10.2 Manufacturers of consumer products granted an ACP under the ACP provision in Subchapter 8.5, Article 4, Sections 9450-94555, of Title 17 of the California Code of Regulations, based on California specific data, or that have been granted an ACP agreement by any OTC state based on state specific data, or that have not been granted an ACP agreement by the CARB or any OTC state may establish an ACP in accordance with 2.10.2 through 2.10.13 of this regulation. It is not necessary to apply to the Department for authorization. The manufacturer shall submit the information requested in 2.10.5.1 of this regulation upon establishing the ACP and from time to time, the Department may require additional reporting as specified in 2.10.5 of this regulation. The Department reserves the right to refuse to honor, revoke or otherwise cancel an ACP established under 2.10.2 of this regulation which it believes has been misrepresented or does not meet the criteria for establishing or maintaining an ACP. Manufacturers of consumer products whose application to CARB or any OTC state for an ACP was refused or whose ACP agreement was revoked, cancelled or otherwise terminated prior to the specified termination date, shall notify the Department of the circumstances before establishing an ACP for Delaware sales. Decisions by CARB or any OTC state to not approve an ACP application or to cancel or terminate an ACP prior to the specified termination date will be considered in taking any action in Delaware.
NEV = (ACP Emissions – ACP Limit) x 1 Violation
The information required by 2.10.3.1, 2.10.3.2, and 2.10.7.2.8 of this regulation is public information which may not be claimed as confidential. All information submitted to the Department is subject to public review under terms of the Freedom of Information Act (FOIA) (to be found at 29 Del.C. Ch. 100), unless deemed to be confidential by the Secretary in accordance with the procedures outlined in the FOIA regulation and codified at 29 Del.C. 10002(d). The procedure an applicant must follow in order to have information classified as confidential is reviewed in the FOIA regulation which can be obtained from the Department.
2.11.1 Some definitions are in "Regulations Governing the Control of Air Pollution", Air Quality Management Section, Division of Air and Waste Management, 7 DE Admin. Code 1101, "Definitions and Administrative Principles". This regulation also is available on the Department of Natural Resources and Environmental Control (DNREC) web site http://regulations.delaware.gov/AdminCode/title7/1000/1100/1101.pdf.
2.11.2 The state pesticide law, "State of Delaware Code Title 3, Part II, Chapter 12" also can be obtained by writing the State of Delaware, Department of Agriculture, 2320 South DuPont Highway, Dover, Delaware 19901 or by calling 302-739-4811. The pesticide law also can be found on the following web site, http://www.udel.edu/pesticide/selfstudy/Delaw.htm.
2.11.3 The Freedom of Information Act (FOIA), Title 29 Del.C. Ch. 100, Section 10002(d) also is available on the following web site http://delcode.delaware.gov/title29/c100/. The DNREC FOIA regulation also is available at http://regulations.delaware.gov/AdminCode/title8/900.pdf.
2.11.4 The Delaware code relating to public hearings for environmental matters, Title 7 Del.C. Ch. 60, Section 6006 also can be found on the following web site, http://www.delcode.delaware.gov/title7/c060/sc02/index.shtml.
2.11.5 The Delaware Code relating to penalties for violations of environmental regulations, Title 7 Del.C. Ch. 60 Sections 6005 and 6013 also can be found at the following web site http://www.delcode.delaware.gov/title7/c060/sc02/index.shtml.