Cal. Code Regs. Tit. 17, § 90801 - Definitions
For the purposes of this subchapter, the following definitions apply:
(a) "Architectural
Coating" means a coating to be applied to stationary structures or their
appurtenances at the site of installation, to portable buildings at the site of
installation, to pavements, or to curbs. Coatings applied in shop applications
or to non-stationary structures such as airplanes, ships, boats, railcars, and
automobiles, and adhesives are not considered architectural coatings for the
purposes of this subchapter.
(b)
"Architectural Coatings Manufacturer" means:
(1) any company or person that imports,
manufactures, produces, packages, or repackages architectural coatings for sale
or distribution in the State of California; and
(2) for an architectural coatings
manufacturer under the control of a holding or parent company, the holding or
parent company.
(c)
"Company" means any firm, association, partnership, business trust,
corporation, joint-stock company, limited liability company, or similar
organization.
(d) "Consumer
Product" means a chemically formulated product used by household and
institutional consumers including, but not limited to, detergents; cleaning
compounds; polishes; floor finishes; cosmetics; personal care products; home,
lawn, and garden products; disinfectants; sanitizers; aerosol paints; and
automotive specialty products; but does not include other paint products,
furniture coatings, or architectural coatings. As used in this subchapter, the
term "consumer product" shall also refer to aerosol adhesives, including
aerosol adhesives used for consumer, industrial, and commercial uses.
(e) "Consumer Products Manufacturer" means:
(1) any company, firm, or establishment which
is listed on a consumer product's label; if the label lists two companies,
firms, or establishments, the consumer products manufacturer is the party which
the product was "manufactured for" or "distributed by", as noted on the label;
and
(2) for a consumer products
manufacturer under the control of a holding or parent company, the holding or
parent company.
(f)
"District" means an air pollution control district or an air quality management
district created or continued in existence pursuant to Part 3 (commencing with
section 40000), Division 26, Health and
Safety Code.
(g) "Executive
Officer" means the Executive Officer of the state board or his or her
delegate.
(h) "Facility" means any
nonvehicular source which requires a permit from the district.
(i) "Holding or parent company" means any
company that has control over another company. For the purposes of this
subchapter, a company has control over another company if:
(1) the company directly or indirectly or
acting through one or more other persons owns, controls, or has power to vote
more than 50 percent of the voting securities of the other company;
or
(2) the company controls in any
manner the election of a majority of the directors or trustees or individuals
exercising similar functions of the other company; or
(3) the company has the power to exercise,
directly or indirectly, a controlling influence over the management or policies
of the other company.
(j)
"Nonattainment pollutant" means any substance for which an area is designated
in Sections
60200-60209 as not having attained
a state ambient air quality standard listed in section
70200, Title 17, California Code
of Regulations, as of July 1 of the fiscal year for which fees are being
collected.
(k) "Nonattainment
pollutants and precursors" shall be defined as follows:
Substance (as listed in Section 70200, Title 17, CCR): | nonattainment pollutant/precursor: | |
Ozone | reactive organic gases | |
oxides of nitrogen | ||
Sulfur Dioxide | oxides of sulfur | |
Sulfates | oxides of sulfur | |
Nitrogen Dioxide | oxides of nitrogen | |
Carbon Monoxide | carbon monoxide | |
Suspended Particulate Matter (PM 10) | suspended particulate matter (PM10), | |
oxides of nitrogen, | ||
oxides of sulfur | ||
reactive organic gases | ||
Visibility Reducing Particles | suspended particulate matter (PM10), oxides of nitrogen, oxides of sulfur | |
reactive organic gases | ||
Hydrogen Sulfide | hydrogen sulfide | |
Lead | lead |
(l)
"Nonattainment precursor" means any substance which reacts in the atmosphere to
contribute to the production of a nonattainment pollutant or pollutants in an
area designated in sections
60200-60209 as not having attained
a state ambient air quality standard listed in section
70200, Title 17, California Code
of Regulations, as of July 1 of the fiscal year for which fees are being
collected.
(m) "Operator" means the
person who owns or operates a facility or part of a facility.
(n) "Volatile Organic Compound" or "VOC"
means any compound containing at least one atom of carbon, excluding carbon
monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and
ammonium carbonate, and excluding the following:
(1) methane, methylene chloride
(dichloromethane), 1,1,1-trichloroethane (methyl chloroform),
trichlorofluoromethane (CFC-11), dichlorodifluoromethane (CFC-12),
1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113),
1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114), chloropentafluoroethane
(CFC-115), chlorodifluoromethane (HCFC-22), 1,1,1-trifluoro-2,2-dichloroethane
(HCFC-123), 1,1-dichloro-1-fluoroethane (HCFC-141b),
1-chloro-1,1-difluoroethane (HCFC-142b), 2-chloro-1,1,1,2-tetrafluoroethane
(HCFC-124), trifluoromethane (HFC-23), 1,1,2,2-tetrafluoroethane (HFC-134),
1,1,1,2-tetrafluoroethane (HFC-134a), pentafluoroethane (HFC-125),
1,1,1-trifluoroethane (HFC-143a), 1,1-difluoroethane (HFC-152a), cyclic,
branched, or linear completely methylated siloxanes, the following classes of
perfluorocarbons:
(A) cyclic, branched, or
linear, completely fluorinated alkanes;
(B) cyclic, branched, or linear, completely
fluorinated ethers with no unsaturations;
(C) cyclic, branched, or linear, completely
fluorinated tertiary amines with no unsaturations; and
(D) sulfur-containing perfluorocarbons with
no unsaturations and with the sulfur bonds to carbon and fluorine;
and
(2) the following
low-reactive organic compounds which have been exempted by the U.S. EPA:
acetone, ethane, methyl acetate, parachlorobenzotrifluoride
(1-chloro-4-trifluoromethyl benzene), and perchloroethylene
(tetrachloroethylene).
Notes
2. Amendment of subsections (b), (c) and (d) filed 9-18-91; operative 10-18-91 (Register 92, No. 2).
3. Editorial correction of printing error in subsection (d) (Register 92, No. 2).
4. Amendment of subsection (d) and new subsection (f) filed 4-14-98; operative 4-14-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 16).
5. Amendment of section and NOTE filed 2-5-2004; operative 2-5-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
Note: Authority cited: Sections 39600, 39601, 39612 and 39613, Health and Safety Code. Reference: Sections 39002, 39500, 39600, 39612 and 39613, Health and Safety Code.
2. Amendment of subsections (b), (c) and (d) filed 9-18-91; operative 10-18-91 (Register 92, No. 2).
3. Editorial correction of printing error in subsection (d) (Register 92, No. 2).
4. Amendment of subsection (d) and new subsection (f) filed 4-14-98; operative 4-14-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 16).
5. Amendment of section and Note filed 2-5-2004; operative 2-5-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 6).
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