Md. Code Regs. 26.11.32.03 - Definitions
A. In this chapter,
the following terms have the meanings indicated.
B. Terms Defined.
(1) "ACP" means alternative control plan as
defined in this section.
(2) "ACP
agreement" means a document signed by the Department that:
(a) Includes the conditions and requirements
of the ACP; and
(b) Allows
manufacturers to sell ACP products in the State under the requirements of this
chapter.
(3) "ACP
emissions" means the sum of the VOC emissions from every ACP product subject to
an ACP agreement during the compliance period specified in the ACP agreement,
expressed to the nearest pound of VOC and calculated according to the following
equation:
ACP Emissions = (Emissions)1 + (Emissions)2 + . . . + (Emissions)N
where:
(a)
Emissions = (VOC Content) x (Enforceable Sales) / 100;
(b) For all products, except for charcoal
lighter material products:
VOC Content = (B - C) x 100 / A
where:
(i) A = net
weight of unit (excluding container and packaging);
(ii) B = total weight of all VOCs per unit;
and
(iii) C = total weight of all
exempted VOCs per unit, as specified in Regulation .01 of this
chapter;
(c) For
charcoal lighter material products only: VOC Content = (Certified Emissions x
100) / Certified Use Rate
where:
(i)
Certified Emissions = the emissions level for products approved by the
Department under Regulation .05 of this chapter, as determined under the South
Coast Air Quality Management District Rule 1174 Ignition Method Compliance
Certification Protocol (Feb. 28, 1991), expressed to the nearest 0.001 pound
CH2 per start; and
(ii) Certified Use Rate = the usage level for
products approved by the Department under Regulation .05 of this chapter, as
determined under the South Coast Air Quality Management District Rule 1174
Ignition Method Compliance Certification Protocol (Feb. 28, 1991), expressed to
the nearest 0.001 pound certified product used per start.
(4) "ACP limit" means the maximum
allowable ACP emissions during the compliance period specified in an ACP
agreement, expressed to the nearest pound of VOC and calculated according to
the following equation:
ACP Limit = (Limit)1 + (Limit)2 + . . . + (Limit)N
where:
(a) Limit =
(ACP Standard) x (Enforceable Sales) / 100;
(b) Enforceable Sales = the total amount of
an ACP product sold for use in the State during the applicable compliance
period specified in the ACP agreement, as determined through enforceable sales
records (expressed to the nearest pound, excluding container and
packaging);
(c) ACP Standard =
either the ACP product's Pre-ACP VOC content, or the applicable VOC standard
specified in Regulation .04B of this chapter, whichever is less;
(d) Pre-ACP VOC Content = the lowest VOC
content which the ACP product had between January 1, 1990, and the date on
which the application for a proposed ACP is submitted to the Department, based
on either the data on the product obtained from the March 12, 1991, California
Air Resources Board (CARB) Consumer Products Survey, or other accurate records
available to the Department, whichever yields the lowest VOC content for the
product;
(e) 1,2,...N = each
product in an ACP up to the maximum N.
(5) "ACP product" means a consumer product
subject to the VOC standards in Regulation.04B of this chapter, except those
products that have been exempted under Regulations .01, .11, or .12 of this
chapter.
(6) "ACP reformulation"
means the process of reducing the VOC content of an ACP product, within the
period that an ACP is in effect, to a level that is less than the current VOC
content of the product.
(7) "ACP
standard" means either the ACP product's pre-ACP VOC content or the applicable
VOC standard specified in Regulation .04B of this chapter, whichever is
less.
(8) "ACP VOC standard" means
the maximum allowable VOC content for an ACP product, determined as follows:
(a) The applicable VOC standard specified in
Regulation .04B of this chapter for all ACP products except charcoal lighter
material; or
(b) For charcoal
lighter material products only, the VOC standard for the purposes of this
chapter shall be calculated according to the following equation:
VOC Standard = (0.020 pound CH2 per start x 100) / Certified Use Rate
where:
(i) 0.020 =
the certification emissions level for the Department-approved product, as
specified in Regulation .05 of this chapter; and
(ii) Certified Use Rate = the usage level for
products approved by the Department under Regulation .05 of this chapter, as
determined pursuant to South Coast Air Quality Management District Rule 1174
Ignition Method Compliance Certification Protocol (Feb. 28, 1991), expressed to
the nearest 0.001 pound certified product used per start.
(9) Adhesive.
(a) "Adhesive" means a product that is used
to bond one surface to another surface by attachment.
(b) "Adhesive" does not include products used
on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners,
or other products with an adhesive incorporated onto or in an inert
substrate.
(10) Adhesive
Remover.
(a) "Adhesive remover" means a
product designed to remove adhesives, including caulks, sealants, glues, or
similar substances used for the purpose of forming a bond, from either a
specific substrate or a variety of substrates.
(b) "Adhesive remover" does not include
products that remove adhesives intended exclusively for use on humans or
animals.
(11) Aerosol
Adhesive.
(a) "Aerosol adhesive" means an
aerosol product in which the spray mechanism is permanently housed in a
nonrefillable can designed for hand-held application without the need for
ancillary hoses or spray equipment.
(b) "Aerosol adhesive" includes special
purpose spray adhesives, mist spray adhesives, and web spray
adhesives.
(12) "Aerosol
cooking spray" means an aerosol product that is designed to reduce sticking on
cooking and baking surfaces or be applied on food.
(13) Aerosol Product.
(a) "Aerosol product" means a pressurized
spray system that dispenses product ingredients by means of a propellant
contained in a product or a product's container or by means of mechanically
induced force.
(b) "Aerosol
product" does not include pump spray.
(14) Agricultural Use.
(a) "Agricultural use" means the use of a
pesticide or method or device for the control of pests in connection with the
commercial production, storage, or processing of an animal or plant
crop.
(b) "Agricultural use" does
not include the sale or use of pesticides in properly labeled packages or
containers that are intended for:
(i) Use in a
household or its immediate environment;
(ii) Use requiring a license under COMAR
15.05.01.03 a;
(iii) Use for or in a manufacturing, mining,
or chemical process or use in the operation of factories, processing plants,
and similar sites; or
(iv)
Institutional use.
(15) Air Freshener.
(b)
(c)
"Air freshener" does not include:
(a) "Air freshener" means any product
designed or labeled for the purpose of masking odors, or freshening, cleaning,
scenting, or deodorizing the air.
(b) "Air freshener" includes sprays, wicks,
wipes, diffusers, powders, crystals, liquids, semisolids, solids, or aerosol or
pump sprays, and dual purpose air freshener/disinfectant products.
(i) A
product that is used on the human body; or
(ii) A product that functions primarily as a
cleaning product, as indicated on a product label, odor remover/eliminator
product or toilet/urinal care product.
(iii) A disinfectant product
claiming to deodorize by killing germs on surfaces; or
(iv) An institutional and
industrial disinfectant offered for sale solely through institutional or
industrial channels of distribution.
(c) "Air freshener" includes
spray disinfectants and other products that are expressly represented for use
as air fresheners, unless offered for sale through institutional and industrial
channels of distribution.
(d) To determine whether a
product is an air freshener, all verbal and visual representations regarding
product use on the label or packaging and in the product's literature and
advertising may be considered. The presence of, and representations about, a
product's fragrance and ability to deodorize resulting from surface application
is not a claim of air freshening.
(16) "All other carbon-containing
compounds" means all compounds which contain at least 1 carbon atom and are not
a "Table B" compound or a "LVP-VOC".
(17) All Other Forms.
(a) "All other forms" means all consumer
product forms for which no form-specific VOC standard is specified.
(b) "All other forms" includes, unless
specified otherwise by the applicable VOC standard, solids, liquids, including
pre-moistened cloth or paper wipes (towelettes), wicks, powders and
crystals.
(18)
"Alternative control plan (ACP)" means an emissions averaging program approved
by the Department under the provisions of this chapter.
(19) Antimicrobial Hand or Body Cleaner or
Soap.
(a) "Antimicrobial hand or body cleaner
or soap" means a cleaner or soap which is designed to reduce the level of
microorganisms on the skin through germicidal activity.
(b) "Antimicrobial hand or body cleaner or
soap" includes antimicrobial hand or body washes or cleaners, foodhandler hand
washes, healthcare personnel hand washes, preoperative skin preparations, and
surgical scrubs.
(c) "Antimicrobial
hand or body cleaner or soap" does not include prescription drug products,
antiperspirants, astringent/toner, deodorants, facial cleaner or soap,
general-use hand or body cleaner or soap, hand dishwashing detergent (including
antimicrobial), heavy-duty hand cleaner or soap, medicated astringent/medicated
toner, or rubbing alcohol.
(20) Antiperspirant.
(a) "Antiperspirant" means a product that is
intended by the manufacturer to be used to reduce perspiration in the human
axilla by at least 20 percent in at least 50 percent of a target
population.
(b) "Antiperspirant"
includes aerosols, roll-ons, sticks, pumps, pads, creams, and
squeeze-bottles.
(21)
Anti-Static Product.
(a) "Anti-static product"
means a product that is labeled to eliminate, prevent, or inhibit the
accumulation of static.
(b)
"Anti-static product" does not include electronic cleaner, floor polish or wax,
or floor coating.
(22)
"Architectural coating" means a coating applied to stationary structures and
their appurtenances, to mobile homes, to pavements, or to curbs.
(22-1) Aromatic compound.
(a) "Aromatic compound" means a
carbon-containing compound that contains one or more benzene or equivalent
heterocyclic rings and has an initial boiling point less than or equal to 280
degrees C.
(b) "Aromatic compound"
does not include compounds excluded from the definition of Volatile organic
compound (VOC) under COMAR
26.11.01.01B.
(22-2) Artist's
solvent/thinner. "Artist's solvent/thinner" means any liquid product that:
(a) Has a label that meets the requirements
of ASTM D4236-94 (Reapproved 2011), Standard Practice for Labeling Art
Materials for Chronic Health Hazards; and
(b) Is labeled to reduce the viscosity of, or
remove, art coating compositions or components.
(23) "ASTM" means the American Society for
Testing and Materials.
(24)
Astringent/Toner.
(a) "Astringent/toner"
means a product not regulated as a drug by the U.S. Food and Drug
Administration (FDA) and which is applied to the skin for the purpose of
cleaning or tightening pores.
(b)
"Astringent/toner" includes clarifiers and substrate-impregnated
products.
(c) "Astringent/toner"
does not include a hand, face, or body cleaner or soap product, medicated
astringent/medicated toner, cold cream, lotion, or antiperspirant.
(25) "Automobile headliner
adhesive" means an aerosol adhesive designed to bond together layers in motor
vehicle headliners.
(26)
"Automotive brake cleaner" means a cleaning product manufactured before January
1, 2018 that is designed or labeled to remove oil, grease, brake fluid, brake
pad material, or dirt from motor vehicle brake mechanisms.
(27) "Automotive engine compartment adhesive"
means an aerosol adhesive designed for use in motor vehicle under-the-hood
applications which require oil and plasticizer resistance, as well as high
shear strength, at temperatures of 200-275°F.
(28) "Automotive hard paste wax" means an
automotive wax or polish that is designed to protect and improve the appearance
of automotive paint surfaces, is a solid at room temperature, and contains no
water by formulation.
(29)
"Automotive instant detailer" means a product designed for use in a pump spray
that is applied to the painted surface of automobiles and wiped off before the
product is allowed to dry.
(30)
"Automotive rubbing or polishing compound" means a product designed primarily
to remove oxidation, old paint, scratches or "swirl marks", and other defects
from the painted surfaces of motor vehicles without leaving a protective
barrier.
(31) Automotive Wax,
Polish, Sealant, or Glaze.
(a) "Automotive
wax, polish, sealant, or glaze" means a product designed to seal out moisture,
increase gloss, or otherwise enhance a motor vehicle's painted
surfaces.
(b) "Automotive wax,
polish, sealant, or glaze" includes products designed for use in autobody
repair shops and drive-through car washes, and by the general public.
(c) "Automotive wax, polish, sealant, or
glaze" does not include automotive rubbing or polishing compounds, automotive
wash and wax products, surfactant-containing car wash products, or products
designed for use on unpainted surfaces such as bare metal, chrome, glass, or
plastic.
(31-1)
Automotive Windshield Cleaner.
(a)
"Automotive windshield cleaner" means a product manufactured on and after
January 1, 2018 that:
(i) Is labeled and
packaged as an automotive windshield cleaner in the form of a pre-moistened
towellete;
(ii) Is labeled
"automotive use only"; and
(iii) Is
designed to be used on automotive windshields, automotive mirrors, and
automotive headlights.
(b) "Automotive windshield cleaner" does not
include automotive windshield washer fluid.
(32) Automotive Windshield Washer Fluid.
(a) "Automotive windshield washer fluid"
means a liquid designed for use in a motor vehicle windshield washer system
either as an antifreeze or for the purpose of cleaning, washing, or wetting the
windshield.
(b) "Automotive
windshield washer fluid" does not include fluids placed by the manufacturer in
a new vehicle.
(33)
"Bait station insecticide" means a container enclosing an insecticidal bait
that is not more than 0.5 ounce by weight, where the bait is designed to be
ingested by insects and is composed of solid material feeding stimulants with
less than 5 percent active ingredients.
(34) Bathroom and Tile Cleaner.
(a) "Bathroom and tile cleaner" means a
product designed or labeled to clean tile or surfaces in bathrooms.
(b) "Bathroom and tile cleaner" does not
include odor remover/eliminator and toilet/urinal care products.
(34-1) "Brake cleaner" means a
cleaning product manufactured on or after January 1, 2018 that is designed or
labeled to remove oil, grease, brake fluid, brake pad material or dirt from
motor vehicle brake mechanisms.
(35) "Bug and tar remover" means a product
labeled to remove from painted motor vehicle surfaces, without causing damage
to the finish, either or both of the following:
(a) Biological-type residues such as insect
carcasses and tree sap; or
(b) Road
grime such as road tar, roadway paint markings, and asphalt.
(36) "CARB" means the California
Air Resources Board.
(37)
Carburetor or Fuel-Injection Air Intake Cleaner.
(a) "Carburetor or fuel-injection air intake
cleaner" means a product designed or labeled to remove fuel deposits, dirt, or
other contaminants from a carburetor, choke, throttle body of a fuel-injection
system, or associated linkages.
(b)
"Carburetor or fuel-injection air intake cleaner" does not include:
(i) Products designed or labeled exclusively
to be introduced directly into the fuel lines or fuel storage tank before
introduction into the carburetor or fuel injectors; or
(ii) Products designed or labeled exclusively
to be introduced during engine operation directly into air intake vacuum lines
by using a pressurized sprayer wand.
(38) Carpet and Upholstery Cleaner.
(a) "Carpet and upholstery cleaner" means a
cleaning product designed for the purpose of eliminating dirt and stains on
rugs, carpeting, the interior of motor vehicles, household furniture, or
objects upholstered or covered with fabrics such as wool, cotton, nylon, or
other synthetic fabrics.
(b)
"Carpet and upholstery cleaner" includes products that make fabric protectant
claims.
(c) "Carpet and upholstery
cleaner" does not include general purpose cleaners, spot removers, vinyl or
leather cleaners, dry cleaning fluids, or products designed exclusively for use
at industrial facilities engaged in furniture or carpet
manufacturing.
(39)
Charcoal Lighter Material.
(a) "Charcoal
lighter material" means a combustible material designed to be applied on,
incorporated in, added to, or used with charcoal to enhance ignition.
(b) "Charcoal lighter material" does not
include electrical starters and probes, metallic cylinders using paper tinder,
natural gas, propane, and fat wood.
(39-1) "Clear coating" means a transparent
coating usually applied over a colored opaque coating, metallic substrate, or
placard to give improved gloss and protection to the color coat.
(40) "Clear, paintable, water resistant
caulking compound" means a compound which:
(a)
Contains no appreciable level of opaque fillers or pigments;
(b) Transmits most or all visible light
through the caulk when cured;
(c)
Is paintable; and
(d) Is
immediately resistant to precipitation upon application.
(41) "Colorant" means a pigment or coloring
material used in a consumer product for an aesthetic effect, or to dramatize an
ingredient.
(42) "Compliance
period" means the period of time, not to exceed 1 year, for which the ACP limit
and ACP emissions are calculated and for which compliance with the ACP limit is
determined, as specified in the ACP agreement.
(43) Construction, Panel, and Floor Covering
Adhesive.
(a) "Construction, panel, and floor
covering adhesive" means a one-component adhesive that is designed exclusively
for the installation, remodeling, maintenance, or repair of:
(i) Structural and building components
including beams, trusses, studs, ceiling and acoustical tile, molding,
fixtures, countertops or countertop laminates, cove or wall bases, flooring or
subflooring, and paneling; or
(ii)
Floor or wall coverings including wood or simulated wood covering, carpet,
carpet pad or cushion, vinyl-backed carpet, flexible flooring material,
nonresilient flooring material, mirror tiles and other types of tiles, and
artificial grass.
(b)
"Construction, panel, and floor covering adhesive" does not include floor seam
sealer.
(44) Consumer.
(a) "Consumer" means a person who purchases
or acquires a consumer product for personal, family, household, or
institutional use.
(b) "Consumer"
does not include a person who acquires a consumer product for resale.
(45) Consumer Product.
(a) "Consumer product" means a chemically
formulated product used by household or institutional consumers.
(b) "Consumer product" includes detergents,
cleaning compounds, polishes, floor finishes, cosmetics, personal care
products, home, lawn, and garden products, disinfectants, sanitizers, aerosol
paints, automotive specialty products, and aerosol adhesives for consumer,
industrial, or commercial uses.
(c)
"Consumer product" does not include paint products other than those listed
under §B(45)(b) of this regulation, furniture coatings, or architectural
coatings.
(46) Contact
Adhesive.
(a) "Contact adhesive" means a
non-aerosol adhesive that:
(i) Is designed
for application to two surfaces to be bonded together;
(ii) Is allowed to dry before the two
surfaces are placed in contact with each other;
(iii) Forms an immediate bond that is
impossible or difficult to reposition after both adhesive-coated surfaces are
placed in contact with each other; and
(iv) Does not need sustained pressure or
clamping of surfaces after the adhesive-coated surfaces have been brought
together using sufficient momentary pressure to establish full contact between
both surfaces.
(b)
"Contact adhesive" does not include rubber cements intended primarily for use
on paper substrates and vulcanizing fluids that are designed and labeled for
tire repair only.
(47)
"Contact adhesive-general purpose" means any contact adhesive that is not a
contact adhesive-special purpose.
(48) "Contact adhesive-special purpose" means
a contact adhesive that:
(a) Is used to bond
melamine-covered board, unprimed metal, unsupported vinyl,
polytetrafluoroethylene or closely related fluoropolymer (for example,
Teflon(r)), ultra-high molecular weight polyethylene, rubber, high pressure
laminate, or wood veneer 1/16 inch or less in thickness to any porous or
nonporous surface, and is sold in units of product, less packaging, that
contain more than 8 fluid ounces;
(b) Is used in automotive applications that
are:
(i) Automotive under-the-hood
applications requiring heat, oil, or gasoline resistance; and
(ii) Body-side molding, automotive weather
stripping, or decorative trim.
(49) "Contact person" means a representative
that has been designated by the responsible ACP party for the purpose of
reporting or maintaining information specified in the ACP agreement.
(50) Container or Packaging.
(a) "Container or packaging" means the part
or parts of the consumer or institutional product that serve only to contain,
enclose, incorporate, deliver, dispense, wrap, or store the chemically
formulated substance or mixture of substances which is solely responsible for
accomplishing the purposes for which the product was designed or
intended.
(b) "Container or
packaging" includes an article onto or into which the principal display panel
and other accompanying literature or graphics are incorporated, etched,
printed, or attached.
(51) Crawling Bug Insecticide.
(a) "Crawling bug insecticide" means an
insecticide product that is designed for use against ants, cockroaches, or
other household crawling arthropods, including, mites, silverfish, and
spiders.
(b) "Crawling bug
insecticide" does not include:
(i) A product
designed to be used exclusively on humans or animals; or
(ii) A product whose label, packaging, or
accompanying literature states that the product is suitable for use against
house dust mites, but does not indicate that the product is suitable for use
against ants, cockroaches, or other household crawling arthropods.
(52) "Date-code" means
the day, month, and year on which the consumer product was manufactured,
filled, or packaged, or a code indicating that date.
(53) Deodorant.
(a) "Deodorant" means:
(i) For products manufactured before January
1, 2009, a product that is intended by the manufacturer to be used to minimize
odor in the human axilla by retarding the growth of bacteria that cause the
decomposition of perspiration; and
(ii) For products manufactured on or after
January 1, 2009, a product that indicates or depicts on the container or
packaging, or on any sticker or label affixed thereto, that the product can be
used on or applied to the human axilla to provide a scent or minimize
odor.
(b) "Deodorant"
includes aerosols, roll-ons, sticks, pumps, pads, creams, and
squeeze-bottles.
(54)
"Deodorant body spray" means:
(a) For products
manufactured before January 1, 2009, a personal fragrance product with 20
percent or less fragrance; and
(b)
For products manufactured on or after January 1, 2009, a personal fragrance
product with 20 percent or less fragrance, that is designed for application all
over the human body to provide a scent.
(55) Device.
(a) "Device" means an instrument or
contrivance other than a firearm that is designed for trapping, destroying,
repelling, or mitigating pests, or other forms of plant or animal life other
than man and other than bacteria, virus, or other microorganisms on or in
living man or other living animals.
(b) "Device" does not include equipment used
for the application of pesticides when sold separately from the
pesticide.
(56)
Disinfectant.
(b)
(c)
"Disinfectant" does not include:
(a) "Disinfectant" means a
product that is designed or labeled as a disinfectant, or is labeled for use to
destroy or irreversibly inactivate infectious or other undesirable bacteria,
pathogenic fungi, or viruses on surfaces or inanimate objects and for which the
label is registered as a disinfectant under the Federal Insecticide, Fungicide,
and Rodenticide Act (FIFRA), 7 U.S.C. §
136 et seq.
(b) Disinfectant" includes products that are
designed or labeled as both a sanitizer and a disinfectant.
(i) Products
designed or labeled solely for use on humans or animals;
(ii) Products designed or labeled solely for
agricultural use;
(iii) Products
designed or labeled solely for use in swimming pools, therapeutic tubs, or hot
tubs;
(iv) Products designed or
labeled to be used on heat sensitive critical or semi-critical medical devices
or medical equipment surfaces;
(v)
Products that are pre-moistened wipes or towelettes sold exclusively to
medical, convalescent, or veterinary establishments;
(vi) Products designed or labeled to be
applied to food-contact surfaces that are not required to be rinsed off prior
to contact with food; or
(vii)
Products designed or labeled as bathroom and tile cleaners, glass cleaners,
general purpose cleaners, toilet/urinal care products, metal polishes, carpet
cleaners, or fabric refreshers regardless of any disinfecting or anti-microbial
claims on the label.
(57) Distributor.
(a) "Distributor" means a person to whom a
consumer product is sold or supplied for the purposes of resale or distribution
in commerce.
(b) "Distributor" does
not include manufacturers, retailers, or consumers.
(58) "Double phase air freshener" means an
aerosol air freshener with liquid contents in two or more distinct phases that
requires the product container be shaken before use to mix the phases,
producing an emulsion.
(59) Dry
Cleaning Fluid.
(a) "Dry cleaning fluid" means
a non-aqueous liquid product designed and labeled exclusively for use on:
(i) Fabrics which are labeled "for dry clean
only", such as clothing or drapery; or
(ii) Upholstery fabric designed to be cleaned
only with water-free spot cleaning products as specified by the Joint Industry
Fabric Standards Committee.
(b) "Dry cleaning fluid" includes products
used by commercial dry cleaners and commercial businesses that clean fabrics
such as draperies at a customer's residence or work place.
(c) "Dry cleaning fluid" does not include
spot remover or carpet and upholstery cleaner.
(59-1) "Dual purpose air
freshener/disinfectant" means an aerosol product that is designed or labeled
for use as both a disinfectant and an air freshener, or is so represented on
any sticker, packaging, or literature attached to the product
container.
(60) Dusting Aid.
(a) "Dusting aid" means a product designed to
assist in removing dust and other soils from floors and other surfaces without
leaving a wax or silicone-based coating.
(b) "Dusting aid" does not include
pressurized gas duster.
(61) Electrical Cleaner.
(a) "Electrical cleaner" means a product
labeled to remove heavy soils such as grease, grime, or oil from electrical
equipment, including electric motors, armatures, relays, electric panels, or
generators.
(b) "Electrical
cleaner" does not include general purpose cleaner, general purpose degreaser,
dusting aid, electronic cleaner, energized electrical cleaner, pressurized gas
duster, engine degreaser, anti-static product, or products designed to clean
the casings or housings of electrical equipment.
(62) Electronic Cleaner.
(a) "Electronic cleaner" means a product
labeled for the removal of dirt, moisture, dust, flux or oxides from the
internal components of electronic precision equipment such as circuit boards,
and the internal components of electronic devices, including but not limited
to, radios, compact disc (CD) players, digital video disc (DVD) players, and
computers.
(b) "Electronic cleaner"
does not include general purpose cleaner, general purpose degreaser, dusting
aid, pressurized gas duster, engine degreaser, electrical cleaner, energized
electrical cleaner, anti-static product, or products designed to clean the
casings or housings of electronic equipment.
(c) "Electronic cleaner" does not include any
product that meets both the following criteria:
(i) The product is designed or labeled to
clean or degrease electronic equipment, where cleaning or degreasing is
accomplished when electrical current exists, or when there is residual
electrical potential from a component; and
(ii) The product label clearly displays the
statement: "Energized Electronic Equipment use only."
(63) Energized
Electrical Cleaner.
(a) "Energized electrical
cleaner" means a product:
(i) That is labeled
to clean or degrease electrical equipment, where cleaning or degreasing is
accomplished when electrical current exists, or when there is a residual
electrical potential from a component, such as a capacitor; and
(ii) Whose label clearly displays the
statements: "Energized Electronic Equipment use only. Not to be used for
motorized vehicle maintenance, or their parts."
(b) "Energized electrical cleaner" does not
include electronic cleaner.
(64) "Enforceable sales" means the total
amount of an ACP product, as determined through enforceable sales records
expressed to the nearest pound, but excluding product container and packaging
sold for use in the State during the applicable compliance period specified in
the ACP agreement.
(65) Enforceable
Sales Record.
(a) "Enforceable sales record"
means a written, point-of-sale record or other Department-approved system of
documentation from which the mass, in pounds less product container and
packaging, of an ACP product sold to the end user in the State during the
applicable compliance period can be accurately documented.
(b) "Enforceable sales record" includes:
(i) Accurate records of direct retail or
other outlet sales to the end user during the applicable compliance
period;
(ii) Accurate compilations,
made by independent market surveying services, of direct retail or other outlet
sales to the end users for the applicable compliance period if a detailed
method to verify data comprising these summaries is submitted by the
responsible ACP party and approved by the Department; and
(iii) Other accurate product sales records
approved by the Department as meeting the criteria specified in §B(65)(a) of
this regulation.
(66) "Engine degreaser" means a cleaning
product designed or labeled to remove grease, grime, oil, and other
contaminants from the external surfaces of engines and other mechanical parts.
(66-1) "Exempt compound" means any
carbon-containing compound listed as an exception to the definition of
"Volatile organic compound (VOC)" under COMAR
26.11.01.01B.
(66-2) "Extremely Flammable" means
a product that is labeled "Extremely Flammable" on the product container or
meets the criteria for the term as specified in
16 CFR §
1500.3(c)(6).
(67) Fabric Protectant.
(a) "Fabric protectant" means, for products
manufactured before January 1, 2018, a product designed to be applied to fabric
substrates to:
(i) Protect the surface from
soiling from dirt and other impurities; or
(ii) Reduce absorption of liquid into the
fabric's fibers.
(b)
"Fabric protectant", for products manufactured before January 1, 2018, does not
include waterproofers, or products designed for use solely on leather or on
fabrics that are labeled "for dry clean only" and sold in containers of 10
fluid ounces or less.
(c) "Fabric
protectant" means, for products manufactured on and after January 1, 2018, a
product designed or labeled to be applied to fabric substrates to protect the
surface from soiling from dirt or other impurities or to reduce absorption of
liquid into the fabric's fibers.
(d) "Fabric protectant", for products
manufactured on and after January 1, 2018, does not include:
(i) Waterproofers;
(ii) Products labeled for use solely on
leather, pigmented products that are designed to be used primarily for
coloring;
(iii) Products used for
construction, reconstruction, modification, structural maintenance or repair of
fabric substrates;or
(iv) Products
that renew or restore fabric and qualifying as either clear coating or
vinyl/fabric/leather/polycarbonate coating.
(68) Fabric Refresher.
(a) "Fabric refresher" means a product
labeled to neutralize or eliminate odors on nonlaundered fabric, including soft
household surfaces, rugs, carpeting, draperies, bedding, automotive interiors,
footwear, athletic equipment, clothing, or on household furniture or objects
upholstered or covered with fabrics such as, but not limited to, wool, cotton,
or nylon.
(b) "Fabric refresher"
does not include anti-static product, carpet and upholstery cleaner, footwear
or leather care product, spot remover, or disinfectant, or products labeled for
application to both fabric and human skin.
(c) For the purposes of this
definition only, soft household surface sanitizer means a product labeled to
neutralize or eliminate odors on surfaces listed in §B(68)(a) of this
regulation whose label is registered as a sanitizer under the Federal
Insecticide, Fungicide, and Rodenticide Act, (FIFRA,
7 U.S.C.
136 et seq.).
(69) Facial Cleaner or Soap.
(a) "Facial cleaner or soap" means a cleaner
or soap designed primarily to clean the face.
(b) "Facial cleaner or soap" includes facial
cleansing creams, semisolids, liquids, lotions, and substrate-impregnated
forms.
(c) "Facial cleaner or soap"
does not include prescription drug products, antimicrobial hand or body cleaner
or soap, astringent/toner, general-use hand or body cleaner or soap, medicated
astringent/medicated toner, or rubbing alcohol.
(70) Fatwood.
(a) "Fatwood" means pieces of wood kindling
with high, naturally-occurring levels of sap or resin that enhance ignition of
the kindling.
(b) "Fatwood" does
not include kindling with substances added to enhance flammability, such as
wax-covered or wax-impregnated wood-based products.
(70-1) "Flammable" means a product that is
labeled "Flammable" on the product container or meets the criteria for the term
as specified in 16 CFR §
1500.3(c)(6).
(71) Flea and Tick Insecticide.
(a) "Flea and tick insecticide" means an
insecticide product that is designed for use against fleas, ticks, their
larvae, or their eggs.
(b) "Flea
and tick insecticide" does not include products that are designed to be used
exclusively on humans or animals and their bedding.
(72) "Flexible flooring material" means a
product manufactured before January 1, 2018, including asphalt, cork, linoleum,
no-wax, rubber, seamless vinyl, and vinyl composite flooring.
(73) "Flexible vinyl adhesive" means an
aerosol adhesive designed to bond to substrates a nonrigid polyvinyl chloride
plastic with at least 5 percent by weight of plasticizer content.
(74) "Floor and wall covering adhesive
remover" means a product designed or labeled to remove floor or wall coverings
and associated adhesives from the underlying substrate.
(75) "Floor coating" means a coating that is
labeled and designed for application to flooring, including but not limited to,
decks, porches, steps, and other horizontal surfaces that may be subject to
foot traffic.
(76) Floor Polish or
Wax.
(a) "Floor polish or wax" means, for
products manufactured before January 1, 2018, a wax, polish, or other product
designed or labeled to polish, protect, or enhance floor surfaces by leaving a
protective coating that is designed to be periodically replenished.
(b) "Floor polish or wax", for products
manufactured before January 1, 2018, does not include spray buff products,
products designed or labeled solely for the purpose of cleaning floors, floor
finish strippers, products designed for unfinished wood floors, or coatings
subject to architectural coatings regulations.
(c) "Floor polish or wax" means, for products
manufactured on or after January 1, 2018, a product designed or labeled to
polish, wax, condition, protect, temporarily seal, or otherwise enhance floor
surfaces by leaving a protective finish that is designed or labeled to be
periodically replenished.
(d)
"Floor polish or wax", for products manufactured on or after January 1, 2018,
is divided into the following three categories:
(i) Products for resilient flooring
materials;
(ii) Products for
nonresilient flooring materials; and
(iii) Wood floor wax.
(e) "Floor polish or wax", for products
manufactured on or after January 1, 2018, does not include spray buff products,
floor wax strippers, products designed or labeled for unfinished wood floors,
or architectural and industrial maintenance coatings subject to COMAR
26.11.39.
(77) "Floor
seam sealer" means a product designed and labeled exclusively for bonding,
fusing, or sealing seams between adjoining rolls of installed flexible sheet
flooring.
(78) Floor Wax Stripper.
(a) "Floor wax stripper" means a product
designed to remove natural or synthetic floor polishes or waxes through
breakdown of the polish or wax polymers, or by dissolving or emulsifying the
polish or wax.
(b) "Floor wax
stripper" does not include aerosol floor wax strippers or products designed to
remove floor wax solely through abrasion.
(79) Flying Bug Insecticide.
(a) "Flying bug insecticide" means an
insecticide product that is designed for use against flying insects or other
flying arthropods, such as flies, mosquitoes, moths, or gnats.
(b) "Flying bug insecticide" does not
include:
(i) Wasp and hornet
insecticide;
(ii) A product
designed to be used exclusively on humans or animals; or
(iii) A product whose label, packaging, or
accompanying literature indicates that the product is designed to protect
fabrics from damage by moths but not from flying insects or other flying
arthropods.
(80) Footwear or Leather Care Product.
(a) "Footwear or leather care product" means
any product designed or labeled to be applied to footwear or to other leather
articles and components, to maintain, enhance, clean, protect, or modify the
appearance, durability, or fit including both leather and nonleather foot
apparel.
(b) "Footwear or leather
care product" does not include fabric protectant, general purpose adhesive,
contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl
protectant, fabric refresher, products solely for deodorizing, or sealant
products with adhesive properties used to create external protective layers
greater than 2 millimeters thick.
(81) "Fragrance" means a substance or complex
mixture of aroma chemicals, natural essential oils, and other functional
components with a combined vapor pressure not in excess of 2 mm of Hg at 20°C,
intended solely to impart an odor or scent or counteract a malodor.
(82) Furniture Maintenance Product.
(a) "Furniture maintenance product" means a
wax, polish, conditioner, or other product designed or labeled for the purpose
of polishing, protecting, or enhancing finished wood surfaces other than
floors, and other furniture surfaces, including acrylics, ceramic, plastics,
stone surfaces, metal surfaces, and fiberglass.
(b) "Furniture maintenance product" does not
include dusting aids, wood cleaners, and products designed solely for the
purpose of cleaning, or products designed to leave a permanent finish such as
stains, sanding sealers, and lacquers.
(83) "Furniture coating" means a paint
designed for application to room furnishings including cabinets, tables,
chairs, beds, and sofas.
(84)
Gasket or Thread Locking Adhesive Remover.
(a)
"Gasket or thread locking adhesive remover" means a product designed or labeled
to remove gaskets or thread locking adhesives.
(b) "Gasket or thread locking adhesive
remover" includes a product labeled for dual use as:
(i) A paint stripper and gasket remover;
or
(ii) A paint stripper and thread
locking adhesive remover.
(85) "Gel" means a colloid in which the
disperse phase has combined with the continuous phase to produce a semisolid
material, such as jelly.
(86)
General Purpose Adhesive.
(a) "General purpose
adhesive" means a nonaerosol adhesive designed for use on a variety of
substrates.
(b) "General purpose
adhesive" does not include the following:
(i)
Contact adhesives;
(ii)
Construction, panel, and floor covering adhesives;
(iii) Adhesives designed exclusively for
application on one specific category of substrates (that is, substrates that
are composed of similar materials, such as different types of metals, paper
products, ceramics, plastics, rubbers, or vinyls); or
(iv) Adhesives designed exclusively for use
on one specific functional category of articles (that is, articles that may be
composed of different materials but perform a specific function, such as
gaskets, automotive trim, weather-stripping, or carpets).
(87) General Purpose Adhesive
Remover.
(a) "General purpose adhesive
remover" means a product designed or labeled to remove cyanoacrylate adhesives
as well as nonreactive adhesives or residue from a variety of
substrates.
(b) "General purpose
adhesive remover" includes a product that removes:
(i) Thermoplastic adhesives;
(ii) Pressure sensitive adhesives;
(iii) Dextrine or starch-based
adhesives;
(iv) Casein
glues;
(v) Rubber or latex-based
adhesives; or
(vi) Products that
remove stickers, decals, stencils, or similar materials.
(c) "General purpose adhesive remover" does
not include floor or wall covering adhesive remover.
(88) General Purpose Cleaner.
(a) "General purpose cleaner" means a product
designed or labeled to clean a variety of hard surfaces, including small
appliances.
(b) "General purpose
cleaner" includes:
(i) Products designed or
labeled for general floor cleaning, kitchen, countertop, or sink cleaning;
and
(ii) Cleaners designed or
labeled to be used on a variety of hard surfaces such as stovetops, cooktops,
or microwaves.
(c) "General purpose cleaner"
does not include general purpose degreasers or electronic
cleaners.
(89) General Purpose Degreaser.
(a) "General purpose degreaser" means a
product labeled to remove or dissolve grease, grime, oil, and other oil-based
contaminants from a variety of substrates, including automotive or
miscellaneous metallic parts.
(b)
"General purpose degreaser" does not include:
(i) Engine degreaser, general purpose
cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized
electrical cleaner, metal polish or cleanser, or oven or grill
cleaner;
(ii) Products used
exclusively in solvent cleaning tanks or related equipment, including, cold
cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or
products designed to clean miscellaneous metallic parts by immersion in a
container;
(iii) Products
exclusively sold directly or through distributors to establishments that
manufacture or construct goods or commodities; or
(iv) Products labeled exclusively for "use in
the manufacturing process only".
(90) General-Use Hand or Body Cleaner or
Soap.
(a) "General-use hand or body cleaner or
soap" means a cleaner or soap designed to be used routinely on the skin to
clean or remove typical or common dirt and soils.
(b) "General-use hand or body cleaner or
soap" includes hand or body washes, dual-purpose shampoo body cleaners, shower
or bath gels, and moisturizing cleaners or soaps.
(c) "General-use hand or body cleaner or
soap" does not include prescription drug products, antimicrobial hand or body
cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing
detergent (including antimicrobial), heavy-duty hand cleaner or soap, medicated
astringent/medicated toner, or rubbing alcohol.
(91) Glass Cleaner.
(a) "Glass cleaner" means a cleaning product
designed primarily for cleaning surfaces made of glass.
(b) "Glass cleaner" does not include products
designed solely for the purpose of cleaning optical materials used in
eyeglasses, photographic equipment, scientific equipment, or photocopying
machines.
(92) Graffiti
Remover.
(a) "Graffiti remover" means a
product labeled to remove spray paint, ink, marker, crayon, lipstick, nail
polish, or shoe polish, from a variety of noncloth or nonfabric
substrates.
(b) "Graffiti remover"
includes products labeled for dual use as both a paint stripper and graffiti
remover.
(c) "Graffiti remover"
does not include paint remover or stripper, nail polish remover, or spot
remover.
(93) "Gross
State sales" means the estimated total State sales, expressed to the nearest
pound, of an ACP product during a specific compliance period based on either of
the following methods the responsible ACP party demonstrates to the
satisfaction of the Department provides an accurate State sales estimate:
(a) Apportionment of national or regional
sales of the ACP product to State sales, determined by multiplying the average
national or regional sales of the product by the fraction of the national or
regional population, respectively, that is represented by the State's current
population; or
(b) Another
documented method that provides an accurate estimate of the total current State
sales of the ACP product.
(94) "Hair mousse" means a hairstyling foam
designed to facilitate styling of a coiffure and provide limited holding
power.
(95) Hair Shine.
(a) "Hair shine" means a product designed for
the primary purpose of creating a shine when applied to the hair.
(b) "Hair shine" includes dual-use products
designed primarily to impart a sheen to the hair.
(c) "Hair shine" does not include hair spray,
hair mousse, hair styling product, hair styling gel, or products of which the
primary purpose is to condition or hold the hair.
(96) Hair Spray.
(a) "Hair spray", for products manufactured
before January 1, 2009, means a consumer product designed primarily for
dispensing droplets of a resin on and into a hair coiffure to impart sufficient
rigidity to the coiffure to establish or retain the style for a period of time;
and
(b) "Hair spray", for products
manufactured on or after January 1, 2009, means a consumer product that is
applied to styled hair, and is designed or labeled to provide sufficient
rigidity, to hold, retain, or finish the style of the hair for a period of time
and includes aerosol hair sprays, pump hair sprays, spray waxes, color,
glitter, or sparkle hair sprays that make finishing claims and products that
are both a styling and finishing product.
(c) "Hair spray" does not include spray
products that are intended to aid in styling but do not provide finishing of a
hairstyle.
(d) For the purposes of
this definition:
(i) "Finish" or "finishing"
means the maintaining and holding of previously styled hair for a period of
time; and
(ii) "Styling" means the
forming, sculpting, or manipulating the hair to temporarily alter the hair's
shape.
(97)
Repealed.
(98) Hair Styling
Product.
(a) "Hair styling product" means a
consumer product manufactured on or after January 1, 2009 that is designed or
labeled for the application to wet, damp, or dry hair to aid in defining,
shaping, lifting, styling, and sculpting of the hair.
(b) "Hair styling product" includes, but is
not limited to, hair balm, clay, cream, creme, curl straightener, gel, liquid,
lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary
hair straightener, wax, spray products that aid in styling but do not provide
finishing of a hairstyle, and leave-in volumizers, detanglers, and conditioners
that make styling claims.
(c) "Hair
styling product" does not include hair mousse, hair shine, hair spray, or
shampoos and conditioners that are rinsed from the hair prior to
styling.
(d) For the purposes of
this definition:
(i) "Finish" or "finishing"
means the maintaining and holding of previously styled hair for a period of
time; and
(ii) "Styling" means
forming, sculpting, or manipulating the hair to temporarily alter the hair's
shape.
(99)
Heavy-Duty Hand Cleaner or Soap.
(a)
"Heavy-duty hand cleaner or soap" means a product designed to clean or remove
difficult dirt and soils such as oil, grease, grime, tar, shellac, putty,
printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the
hand with or without the use of water.
(b) "Heavy-duty hand cleaner or soap" does
not include prescription drug products, antimicrobial hand or body cleaner or
soap, astringent/toner, facial cleaner or soap, general-use hand or body
cleaner or soap, medicated astringent/medicated toner, or rubbing
alcohol.
(100)
Herbicide.
(a) "Herbicide" means a pesticide
product designed to kill or retard a plant's growth.
(b) "Herbicide" does not include products
that are for agricultural use, or restricted materials that require a permit
for use and possession.
(101) "High pressure laminate" means sheet
materials which consist of paper, fabric, or other core material that have been
laminated at temperatures exceeding 265°F, and at pressures between 1,000 and
1,400 pounds per square inch.
(101-1) "High-temperature coating" means a
high performance coating labeled and formulated for application to substrates
exposed continuously or intermittently to temperatures above 204 degrees C (400
degrees F).
(102) "High volatility
organic compound" means a volatile organic compound that exerts a vapor
pressure greater than 80 millimeters of mercury when measured at
20°C.
(103) "House dust mite" means
a mite that feeds primarily on skin cells shed in the home by humans and pets
and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class
Arachnida, the subclass Acari, the order Astigmata, and the family
Pyroglyphidae.
(104) "Household
product" means a consumer product that is primarily designed to be used inside
or outside of living quarters or residences, including the immediate
surroundings that are occupied or intended for occupation by
individuals.
(105) "HVOC" means a
high volatility organic compound, as defined in this chapter.
(105-1) Industrial Maintenance Coating.
(a) "Industrial maintenance coating" means a
high performance architectural coating formulated for application to substrates
exposed to one or more of the following extreme environmental conditions:
(i) Immersion in water, wastewater, chemical
solutions (aqueous and non-aqueous solutions), or chronic exposures of interior
surfaces to moisture condensation;
(ii) Acute or chronic exposure to corrosive,
caustic, or acidic agents, or to chemicals, chemical fumes, or chemical
mixtures or solutions;
(iii)
Frequent exposure to temperatures above 121°C (250°F);
(iv) Frequent and heavy abrasion, including
mechanical wear and scrubbing with industrial solvents, cleansers, or scouring
agents; or
(v) Exterior exposure of
metal structures and structural components.
(b) "Industrial maintenance coating" includes
primers, sealers, undercoaters, intermediate coats, and
topcoats.
(106)
Insecticide.
(a) "Insecticide" means a
pesticide product that is designed for use against insects or other
arthropods.
(b) "Insecticide" does
not include:
(i) Products for agricultural
use;
(ii) Products for a use which
requires a structural pest control license under applicable State laws or
regulations; or
(iii) Restricted
materials that require a permit for use and possession.
(107) "Insecticide fogger" means
an insecticide product designed to release all or most of its content, as a fog
or mist, into indoor areas during a single application.
(108) Institutional Product.
(a) "Institutional product" means a consumer
product that is designed for use in the maintenance or operation of an
establishment that:
(i) Manufactures,
transports, or sells goods or commodities, or provides services for profit;
and
(ii) Is engaged in the
nonprofit promotion of a particular public, educational, or charitable
cause.
(b)
"Institutional product" does not include household products and products that
are incorporated into or used exclusively in the manufacture or construction of
the goods or commodities at the site of the establishment, which includes
government agencies, factories, schools, hospitals, sanitariums, prisons,
restaurants, hotels, stores, automobile service and parts centers, health
clubs, theaters, and transportation companies.
(109) "Institutional use" means use within
the lines of or on property necessary for the operation of buildings such as
hospitals, schools, libraries, auditoriums, and office complexes.
(110) "Label" means a written, printed, or
graphic matter affixed to, applied to, attached to, blown into, formed, molded
into, embossed on, or appearing upon a consumer product or consumer product
package, for purposes of branding, identifying, or giving information about the
product or the contents of the package.
(111) "Laminate repair or edgebanding
adhesive" means an aerosol adhesive designed for:
(a) The touch-up or repair of items laminated
with high pressure laminates such as lifted edges or delaminates; or
(b) The touch-up, repair, or attachment of
edgebanding materials, including other laminates, synthetic marble, veneers,
wood molding, and decorative metals.
(112) "Laundry prewash" means a product that:
(a) Is designed for application to a fabric
before laundering; and
(b)
Supplements and contributes to the effectiveness of laundry
detergents.
(113)
Laundry Starch/Sizing/Fabric Finish Product.
(a) "Laundry starch/sizing/fabric finish
product" means a product that is designed or labeled for application to a
fabric, either during or after laundering, to impart and prolong a crisp, fresh
look.
(b) "Laundry
starch/sizing/fabric finish product" includes, fabric finish, sizing, and
starch.
(114) "Lawn and
garden insecticide" means an insecticide product labeled primarily to be used
in household lawn and garden areas to protect plants from insects or other
arthropods.
(115) Liquid.
(a) "Liquid" means a substance or mixture of
substances that is capable of a visually detectable flow as determined under
ASTM D4359-90 (Reapproved 2012).
(b) "Liquid" does not include powders or
other materials composed entirely of solid particles.
(116) Lubricant.
(a) "Lubricant" means a product designed to
reduce friction, heat, noise, or wear between moving parts, or to loosen rusted
or immovable parts or mechanisms.
(b) "Lubricant" does not include:
(i) Automotive power steering
fluids;
(ii) Products for use
inside power generating motors, engines, and turbines and their associated
power-transfer gearboxes;
(iii)
Two-cycle oils or other products designed to be added to fuels;
(iv) Products for use on the human body or
animals;
(v) Products that are
exclusively sold directly by or through distributors to establishments that
manufacture or construct goods or commodities; or
(vi) Products that are labeled exclusively
for "use in the manufacturing process only".
(117) "LVP content" means the total weight in
pounds of LVP compounds in an ACP product multiplied by 100 and divided by the
product's total net weight (in pounds, excluding container and packaging),
expressed to the nearest tenth of a percent.
(118) "Low Vapor Pressure-VOC" means:
(a) A chemical compound or mixture that
contains at least one carbon atom with a vapor pressure less than 0.1
millimeters of mercury at 20°C, as determined by CARB Method 310;
(b) A chemical compound with more than 12
carbon atoms or a chemical mixture comprised solely of compounds with more than
12 carbon atoms as verified by formulation data, and with unknown vapor
pressure and boiling point;
(c) A
chemical compound that contains at least one carbon atom with a boiling point
greater than 216°C, as determined by CARB Method 310; or
(d) A weight percent of a chemical mixture
that contains at least one carbon atom and that boils above 216°C, as
determined by CARB Method 310.
(119) "Manufacturer" means a person who
imports, manufactures, assembles, produces, packages, repackages, or relabels a
consumer product.
(120) Medicated
Astringent/Medicated Toner.
(a) "Medicated
astringent/medicated toner" means a product regulated as a drug by the U.S.
Food and Drug Administration (FDA) that is applied to the skin for the purpose
of cleaning or tightening pores.
(b) "Medicated astringent/medicated toner"
includes clarifiers and substrate-impregnated products.
(c) "Medicated astringent/medicated toner"
does not include: hand, face, or body cleaner or soap products, personal
fragrance products, astringent/toner, cold creams, lotions, antiperspirants, or
products that must be purchased with a doctor's prescription.
(121) "Medium volatility organic
compound (MVOC)" means a volatile organic compound that exerts a vapor pressure
greater than 2 millimeters of mercury, and less than or equal to 80 millimeters
of mercury, when measured at 20°C.
(122) Metal Polish or Cleanser.
(a) "Metal polish or cleanser" means a
product designed primarily to improve the appearance of finished metal,
metallic, or metallized surfaces, by physical or chemical action, for the
purpose of removing or reducing stains, impurities, or oxidation from surfaces
or making surfaces smooth and shiny.
(b) "Metal polish or cleanser" includes metal
polishes used on brass, silver, chrome, copper, stainless steel, and other
ornamental metals.
(c) "Metal
polish or cleanser" does not include:
(i)
Automotive wax, polish, sealant or glaze;
(ii) Wheel cleaner;
(iii) Paint remover or stripper;
(iv) Products designed and labeled
exclusively for automotive and marine detailing; or
(v) Products designed for use in degreasing
tanks.
(123)
"Missing data days" means the number of days in a compliance period for which
the responsible ACP party has failed to provide the required enforceable sales
or VOC content data to the Department, as specified in the ACP
agreement.
(124) Mist Spray
Adhesive.
(a) "Mist spray adhesive" means an
aerosol that delivers a particle or mist spray, resulting in the formation of
fine, discrete particles that yield a generally uniform and smooth application
of adhesive to the substrate.
(b)
"Mist spray adhesive" does not include a special purpose spray
adhesive.
(125)
"Mounting adhesive" means an aerosol adhesive designed to permanently mount
photographs, artwork, or other drawn or printed medium onto a backing (paper,
board, cloth, or similar items) without causing discoloration to the
medium.
(126) "Multi-purpose dry
lubricant" means a lubricant that is:
(a)
Designed and labeled to provide lubricity by depositing a thin film of
graphite, molybdenum disulfide (moly), polytetrafluoroethylene, or closely
related fluoropolymer (teflon) on surfaces; and
(b) Designed for general purpose lubrication,
or for use in a wide variety of applications.
(127) Multi-Purpose Lubricant.
(a) "Multi-purpose lubricant" means a
lubricant designed for general purpose lubrication, or for use in a wide
variety of applications.
(b)
"Multi-purpose lubricant" does not include multi-purpose dry lubricants,
penetrants, or silicone-based multi-purpose lubricants.
(128) Multi-Purpose Solvent.
(a) "Multi-purpose solvent" means, for
products manufactured before January 1, 2018, an organic liquid designed or
labeled to be used for a variety of purposes, including cleaning or degreasing
of a variety of substrates, or thinning, dispersing, or dissolving other
organic materials.
(b)
"Multi-purpose solvent", for products manufactured before January 1, 2018,
includes solvents used in institutional facilities, except for laboratory
reagents used in analytical, educational, research, scientific, or other
laboratories.
(c) "Multi-purpose
solvent", for products manufactured before January 1, 2018, does not include
solvents:
(i) Used in cold cleaners, vapor
degreasers, conveyorized degreasers, or film cleaning machines; or
(ii) That are incorporated into, or used
exclusively in the manufacture or construction of, the goods or commodities at
the site of the establishment.
(d) "Multi-purpose solvent" means, for
products manufactured on or after January 1, 2018, any liquid product designed
or labeled to be used for thinning, dispersing or dissolving or removing
contaminants or other organic materials.
(e) "Multi-purpose solvent", for products
manufactured on or after January 1, 2018, includes:
(i) Products that do not display specific use
instructions on the product container or packaging;
(ii) Products that do not specify an end-use
function or application on the product container or packaging;
(iii) Solvents used in institutional
facilities, except for laboratory reagents used in analytical, educational,
research, scientific or other laboratories;
(iv) Paint clean-up products; and
(v) Products designed or labeled to prepare
surfaces for painting.
(f) "Multi-purpose solvent", for products
manufactured on or after January 1, 2018, does not include:
(i) Solvents used in cold cleaners, vapor
degreasers, conveyorized degreasers or film cleaning machines;
(ii) Solvents designed or labeled exclusively
for the clean-up of application equipment used for polyaspartic and polyurea
coatings;
(iii) Solvents that are
incorporated into, or used exclusively in the manufacture or construction of,
the goods or commodities at the site of the establishment; or
(iv) Products that are designed or labeled
exclusively to clean a specific contaminant on a single substrate in specific
situations.
(129) "MVOC" means a medium volatility
organic compound, as defined in this section.
(130) "Nail polish" means a clear or colored
coating such as lacquers, enamels, acrylics, base coats, and top coats designed
for application to the fingernails or toenails.
(131) "Nail polish remover" means a product
designed to remove nail polish and coatings from fingernails or
toenails.
(132) "Non-Aerosol
product" means a consumer product that is not dispensed by a pressurized spray
system.
(133) "Noncarbon containing
compound" means a compound that does not contain carbon atoms.
(134) Nonresilient Flooring
(a) "Nonresilient flooring" means a flooring
product manufactured before January 1, 2018 of a mineral content that is not
flexible.
(b) "Nonresilient
flooring" includes terrazzo, marble, slate, granite, brick, stone, ceramic
tile, and concrete.
(135) "Nonselective terrestrial herbicide"
means a terrestrial herbicide product that is toxic to plants without regard to
species.
(135-1) Odor
Remover/Eliminator.
(a) "Odor
remover/eliminator" means a product that is designed or labeled to be applied
exclusively to hard surfaces to inhibit the ability of soils to create
malodors, or functions to entrap, encapsulate, neutralize, convert or eliminate
malodor molecules.
(b) "Odor
remover/eliminator" does not include:
(i)
Products designed or labeled for use in cleaning soils from hard surfaces,
laundering, softening, de-wrinkling or cleaning fabrics, or dishwashing;
or
(ii) Products designed or
labeled as air freshener, bathroom and tile cleaner, carpet/upholstery cleaner,
disinfectant, fabric refresher, general purpose cleaner, sanitizer, or
toilet/urinal care product.
(136) "One-product business" means a
responsible ACP party that sells, supplies, offers for sale, or manufactures
for use in the State only one distinct:
(a)
ACP product that is sold under one product brand name and subject to the
requirements of Regulations .04 -.10 of this chapter; or
(b) ACP product line subject to the
requirements of Regulations .04-.10 of this chapter, in which all the ACP
products belong to the same product category or categories and the VOC contents
in the products are within 98 percent and 102 percent of the arithmetic mean of
the VOC contents over the entire product line.
(137) Oven or Grill Cleaner.
(a) "Oven or grill cleaner" means a product
designed or labeled exclusively to clean and to remove baked on greases or
deposits from food preparation surfaces or food cooking surfaces.
(b) "Oven or grill cleaner" does not include
a product where representation is made on the product's label or packaging that
the product is suitable for cleaning or degreasing other hard
surfaces.
(138) "Paint"
means a pigmented liquid, liquefiable, or mastic composition designed for
application to a substrate in a thin layer which is:
(a) Converted to an opaque solid film after
application; and
(b) Used for
protection, decoration, or identification, or to serve some functional purpose
such as the filling or concealing of surface irregularities or the modification
of light and heat radiation characteristics.
(138-1) "Paint clean-up product" means any
liquid product designed or labeled for cleaning oil-based or water-based paint,
lacquer, varnish, or related coatings from items not intended to be painted,
including painting equipment, tools, plastics, and metals.
(139) Paint Remover or Stripper.
(a) "Paint remover or stripper" means a
product designed to strip or remove paints or other related coatings, by
chemical action, from a substrate without markedly affecting the
substrate.
(b) "Paint remover or
stripper" does not include multi-purpose solvents, paintbrush cleaners,
products designed and labeled as graffiti removers, or hand cleaner products
that claim to remove paints and other related coatings from skin.
(139-1) Paint Thinner.
(a) "Paint thinner" means any liquid product
used for reducing the viscosity of coating compositions or components, that is
manufactured on or after January 1, 2018, and that prominently displays the
term "Paint Thinner", "Lacquer Thinner", "Thinner", or "Reducer" on the front
panel of its packaging.
(b) Paint
thinner does not include:
(i) Products that
are sold in containers with a capacity of 5 gallons or more and labeled
exclusively for the thinning of industrial maintenance coatings, zinc-rich
primers, or high-temperature coatings;
(ii) Products where the principal display
panel of the product displays, in a font size as large or larger than the font
size of all other words on the principal display panel (not including the font
size used for the company name, brand name, or logo), language that the product
is used exclusively for the thinning of industrial maintenance coatings,
zinc-rich primers, or high-temperature coatings;
(iii) Products where no representation is
made on the product container or packaging, or any attached label or sticker
that the product is suitable for use or may be used for any other purpose
except the thinning of industrial maintenance coatings, zinc-rich primers, or
high-temperature coatings; or
(iv)
Products that are labeled and used exclusively as an ingredient in a specific
coating or coating brand line, where the coating would not be complete or
useable without the specific ingredient.
(140) Penetrant.
(a) "Penetrant" means a lubricant designed
and labeled primarily to loosen metal parts that have bonded together due to
rusting, oxidation, or other causes.
(b) "Penetrant" does not include
multi-purpose lubricants that claim to have penetrating qualities but are not
labeled primarily to loosen bonded parts.
(141) Personal Fragrance Product.
(a) "Personal fragrance product" means any
product which is applied to the human body or clothing for the primary purpose
of adding a scent or masking a malodor, including cologne, perfume, aftershave,
and toilet water.
(b) "Personal
fragrance product" does not include:
(i)
Deodorant;
(ii) Medicated products
designed primarily to alleviate fungal or bacterial growth on feet or other
areas of the body;
(iii)
Mouthwashes, breath fresheners, and deodorizers;
(iv) Lotions, moisturizers, powders, or other
skin care products used primarily to alleviate skin conditions such as dryness
and irritations;
(v) Products
designed exclusively for use on human genitalia;
(vi) Soaps, shampoos, and products primarily
used to clean the human body; and
(vii) Fragrance products designed to be used
exclusively on nonhuman animals.
(142) Pesticide.
(a) "Pesticide" means a substance or mixture
of substances labeled, designed, or intended for use:
(i) In preventing, destroying, repelling, or
mitigating pests; or
(ii) As a
defoliant, desiccant, or plant regulator.
(b) "Pesticide" does not include a substance,
mixture of substances, or device that the U.S. Environmental Protection Agency
does not consider a pesticide.
(143) "Plasticizer" means a material, such as
a high boiling point organic solvent, that:
(a) Is incorporated into a plastic to
increase its flexibility, workability, or distensibility; and
(b) May be determined using ASTM Method
E260-96 (ReapproveD 2011) or from product formulation data.
(144) "Polyolefin adhesive" means
an aerosol adhesive designed to bond polyolefins to substrates.
(145) "Polystyrene foam adhesive" means an
aerosol adhesive designed to bond polystyrene foam to substrates.
(146) "Pre-ACP VOC content" means the lowest
VOC content of an ACP product between January 1, 1990, and the date on which
the application for a proposed ACP is submitted to the Department, based on
either the data on the product obtained from the March 12, 1991, CARB Consumer
Products Survey, or other accurate records available to the Department,
whichever yields the lowest VOC content for the product.
(147) Pressurized Gas Duster.
(a) "Pressurized gas duster" means a
pressurized product labeled to remove dust from a surface solely by means of
mass air or gas flow, including surfaces such as photographs, photographic film
negatives, computer keyboards, and other types of surfaces that cannot be
cleaned with solvents.
(b)
"Pressurized gas duster" does not include dusting aid.
(148) "Principal display panel or panels"
means that part, or those parts of a label that are so designed as to most
likely be displayed, presented, shown, or examined under normal and customary
conditions of display or purchase.
(149) "Product brand name" means the name of
the product exactly as it appears on the principal display panel of the
product.
(150) "Product category"
means the applicable category that best describes the product as listed in
Regulations .03 and .04B of this chapter.
(151) "Product form" means the applicable
form that most accurately describes the product's dispensing form, such as
aerosol product, solid, pump spray, liquid, or gel as follows:
(a) A = Aerosol Product:
(i) S = Solid;
(ii) P = Pump Spray;
(iii) L = Liquid; and
(iv) SS = Semisolid; and
(b) O = Other.
(152) "Product line" means a group of
products of identical form and function belonging to the same product category
or categories.
(153) "Propellant"
means a liquefied or compressed gas that is used in whole or in part, such as a
cosolvent, to expel a liquid or other material from the same self-pressurized
container or from a separate container.
(154) "Pump spray" means a packaging system
in which the product ingredients within the container are not under pressure
and in which the product is expelled only while a pumping action is applied to
a button, trigger, or other actuator.
(155) "Reconcile or reconciliation" means to
provide sufficient VOC emission reductions to completely offset shortfalls
generated under the ACP during an applicable compliance period.
(156) "Reconciliation of shortfalls plan"
means the plan to be implemented by the responsible ACP party when shortfalls
have occurred, as approved by the Department under Regulation .23 of this
chapter.
(157) "Removable caulking
compound" means a compound that temporarily seals windows or doors for 3 to 6
month time intervals.
(157-1)
"Resilient flooring material" means flexible flooring material, including
asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite
flooring.
(158) "Responsible party"
means:
(a) The company, firm, or
establishment that is listed on the product's label; or
(b) If the label lists two companies, the
firms or establishments which the product was "manufactured for" or
"distributed by", as noted on the label.
(159) "Responsible ACP party" means:
(a) The company, firm, or establishment
listed on the ACP product's label; or
(b) If the label lists two or more companies,
firms, or establishments, the party which the ACP product was "manufactured
for" or "distributed by", as noted on the label.
(160) "Restricted materials" means pesticides
established as restricted use pesticides as classified by Agriculture Article,
Title 5, Annotated Code of Maryland, the federal government, or the Maryland
Secretary of Agriculture.
(161)
"Retailer" means a person who sells, supplies, or offers consumer products for
sale directly to consumers.
(162)
"Retail outlet" means an establishment at which consumer products are sold,
supplied, or offered for sale directly to consumers.
(163) "Roll-on product" means an
antiperspirant or deodorant that dispenses active ingredients by rolling a
wetted ball or wetted cylinder on the affected area.
(164) Rubber/Vinyl Protectant.
(a) "Rubber/vinyl protectant" means, for
products manufactured before January 1, 2018, a product designed or labeled to
protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires,
luggage, furniture, or household products such as vinyl covers, clothing, and
accessories.
(b) "Rubber/vinyl
protectant", for products manufactured before January 1, 2018, does not include
products primarily designed or labeled to clean the wheel rim, such as aluminum
or magnesium wheel cleaners, or tire cleaners that do not leave an
appearance-enhancing or protective substance on the tire.
(c) "Rubber/vinyl protectant" means, for
products manufactured on or after January 1, 2018, any product designed or
labeled to protect, preserve, or renew vinyl or rubber on vehicles, tires,
luggage, furniture, or household products such as vinyl covers, clothing, or
accessories.
(d) "Rubber/vinyl
protectant", for products manufactured on or after January 1, 2018, does not
include:
(i) Products designed or labeled to
clean the wheel rim, such as aluminum or magnesium wheel cleaners;
(ii) Products designed or labeled as tire
cleaners that do not leave an appearance-enhancing or protective substance on
the tire;
(iii) Pigmented products
designed or labeled to be used primarily for coloring;
(iv) Products used for construction,
reconstruction, modification, structural maintenance or repair of rubber or
vinyl substrates; or
(v) Products
not designed or labeled to be used on vehicle tires, qualifying as either clear
coating or vinyl coating or fabric coating or leather coating or polycarbonate
coating.
(165) "Rubbing alcohol" means a product
containing isopropyl alcohol or denatured ethanol and labeled for topical use:
(a) To decrease germs in minor cuts and
scrapes;
(b) To relieve minor
muscle aches, as a rubefacient; and
(c) For massage.
(165-1) Sanitizer.
(a) "Sanitizer" means a product manufactured
on and after January 1, 2018 that is labeled as a "sanitizer," or that is
labeled to reduce, but not necessarily eliminate, microorganisms in the air, on
surfaces, or on inanimate objects, and whose label is registered as a
"sanitizer" under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA), 7 U.S.C. §
136 et seq.
(b) "Sanitizer' does not include:
(i) Disinfectants;
(ii) Products designed or labeled as both a
"sanitizer" and a "disinfectant";
(iii) Products designed or labeled solely for
use on humans or animals;
(iv)
Products designed or labeled solely for agricultural use;
(v) Products designed or labeled for use in
swimming pools, therapeutic tubs, or hot tubs;
(vi) Products designed or labeled to be used
on heat sensitive critical or semi-critical medical devices or medical
equipment surfaces;
(vii) Products
that are pre-moistened wipes or towelettes sold exclusively to medical,
convalescent or veterinary establishments;
(viii) Products designed or labeled to be
applied to food-contact surfaces and are not required to be rinsed prior to
contact with food; or
(ix) Products
designed or labeled as bathroom and tile cleaners; glass cleaners; general
purpose cleaners; toilet/urinal care products; metal polish; carpet and
upholstery cleaners; or fabric refreshers that may also make sanitizing or
anti-microbial claims on the product's label.
(166) Sealant and Caulking Compound.
(a) "Sealant and caulking compound" means a
product with adhesive properties that is designed to fill, seal, waterproof, or
weatherproof gaps or joints between two surfaces.
(b) "Sealant and caulking compound" does not
include roof cements and roof sealants, insulating foams, removable caulking
compounds, clear, paintable, water resistant caulking compounds, floor seam
sealers, products designed exclusively for automotive uses, or sealers that are
applied as continuous coatings.
(167) "Semisolid" means a product that at
room temperature will not pour but will spread or deform easily, such as gels,
pastes, and greases.
(168) Shaving
Cream.
(a) "Shaving cream" means an aerosol
product that dispenses foam lather intended to be used with a blade or
cartridge razor, or other wet-shaving system in the removal of facial or other
bodily hair.
(b) "Shaving cream"
does not include shaving gel.
(169) Shaving Gel.
(a) "Shaving gel" means an aerosol product,
which dispenses a post-foaming semisolid designed for use with a blade,
cartridge razor, or other shaving system in the removal of facial or other
bodily hair.
(b) "Shaving gel" does
not include shaving cream.
(170) Shortfall.
(a) "Shortfall" means the ACP emissions minus
the ACP limit when the ACP emissions were greater than the ACP limit during a
specified compliance period, expressed to the nearest pound of VOC.
(b) "Shortfall" does not include emissions
occurring before the date that the ACP agreement is signed by the
Department.
(171)
Silicone-Based Multi-Purpose Lubricant.
(a)
"Silicone-based multi-purpose lubricant" means a lubricant which is designed
and labeled:
(i) To provide lubricity
primarily through the use of silicone compounds such as polydimethylsiloxane;
and
(ii) For general purpose
lubrication, or for use in a wide variety of applications.
(b) "Silicone-based multi-purpose lubricant"
does not include products designed and labeled exclusively to release
manufactured products from molds.
(172) "Single phase aerosol air freshener"
means an aerosol air freshener with its liquid contents in a single homogeneous
phase and does not require that the product container be shaken before
use.
(173) "Solid" means a
substance or mixture of substances that, either whole or subdivided (such as
the particles comprising a powder), is not capable of visually detectable flow
as determined under ASTM D4359-90 (Reapproved 2012).
(174) "Special purpose spray adhesive" means
one or more of the following aerosol adhesives:
(a) Mounting adhesive;
(b) Flexible vinyl adhesive;
(c) Polystyrene foam adhesive;
(d) Automobile headliner adhesive;
(e) Polyolefin adhesive;
(f) Laminate repair or edgebanding adhesive;
or
(g) Automotive engine
compartment adhesive.
(175) Specialty Adhesive Remover.
(a) "Specialty adhesive remover" means a
product designed to remove from a variety of substrates reactive adhesives
including epoxies, urethanes, and silicones that require a hardener or catalyst
in order for the bond to occur.
(b)
"Specialty adhesive remover" does not include gasket or thread locking adhesive
remover.
(176) Spot
Remover.
(a) "Spot remover" means a product
labeled to clean localized areas or remove localized spots or stains on cloth
or fabric, such as drapes and clothing, that does not require subsequent
laundering to achieve stain removal.
(b) "Spot remover" does not include dry
cleaning fluid, laundry prewash, or multi-purpose solvent.
(177) "Spray buff product" means a product
designed to restore a worn floor finish with a floor buffing machine and
special pad.
(178) "State sales"
means the sales in the State, if available, or sales estimated by incorporating
national or regional sales data by population, expressed as net pounds of
product, less packaging and container:
(a) For
the calendar year immediately before the year that the registration is due;
or
(b) If the data in §B(178)(a) of
this regulation is not available, for a consecutive 12-month period beginning
not earlier than 2 years before the due date of the registration.
(179) "Stick product" means an
antiperspirant or deodorant that contains active ingredients in a solid matrix
form and dispenses the active ingredients by frictional action on the affected
area.
(180) "Structural waterproof
adhesive" means an adhesive:
(a) Whose bond
lines are resistant to conditions of continuous immersion in fresh or salt
water; and
(b) That conforms with
Federal Specification MMM-A-181D (Type 1, Grade A) of the Federal Consumer
Products Regulation 40 CFR Part 59, Subpart C.
(181) Surplus Reduction.
(a) "Surplus reduction" means the ACP limit
minus the ACP emissions expressed to the nearest pound of VOC when the ACP
limit was greater than the ACP emissions during a given compliance
period.
(b) Except as provided in
this chapter, "surplus reduction" does not include emissions occurring before
the date that the ACP agreement is signed by the Department.
(182) "Surplus trading" means the
buying, selling, or transfer of surplus reductions between responsible ACP
parties.
(183) "Table B compound"
means a carbon-containing compound that is an exception to the definition of
VOC in COMAR
26.11.01.01B.
(183-1) Temporary Hair Color.
(a) "Temporary hair color" means a product
manufactured on or after January 1, 2018 that applies color, glitter, or
UV-active pigments to hair, wigs, or fur and is removable when
washed.
(b) "Temporary hair color"
includes hair color mousses and products designed or labeled to add texture or
thickness to cover thinning or balding areas.
(c) "Temporary hair color" does not include
hair spray, hair styling products or hair mousse.
(184) "Terrestrial" means living on or
growing from land.
(185) "Tire
sealant and inflation" means a pressurized product that is designed to
temporarily inflate and seal a leaking tire.
(186) Toilet and Urinal Care Product.
(a) "Toilet/urinal care product" means any
product designed or labeled to clean or to deodorize toilet bowls, toilet
tanks, or urinals.
(b) For purposes
of this definition, toilet bowls, toilet tanks, or urinals include:
(i) Toilets or urinals connected to permanent
plumbing in buildings and other structures;
(ii) Portable toilets or urinals placed at
temporary or remote locations; and
(iii) Toilets or urinals in vehicles such as
buses, recreational motor homes, boats, ships, and aircraft.
(c) "Toilet and urinal care
product" does not include bathroom and tile cleaner or general purpose
cleaner.
(187) "Total
maximum historical emissions (TMHE)" means the total VOC emissions from all ACP
products for which the responsible ACP party has failed to record the required
VOC content or enforceable sales records that are:
(a) Determined by calculating emissions of
each ACP product during each portion of a compliance period for which the
responsible ACP has failed to record the required VOC content or enforceable
sales records;
(b) Expressed to the
nearest pound and calculated according to the following calculation:
TMHE = (MHE)1 + (MHE)2 + . . . + (MHE)N
where:
(i) MHE =
(Highest VOC Content x Highest Sales) x Missing Data Days / 100 x
365;
(ii) Highest VOC Content = the
maximum VOC content which the ACP product has contained in the previous 5
years, if the responsible ACP party fails to report all the required VOC
content data (for any portion of the compliance period), as specified in the
ACP agreement approving the ACP, or the current actual VOC content, if the
responsible ACP party has provided all required VOC content data (for the
entire compliance period), as specified in the ACP agreement;
(iii) Highest Sales = the maximum 1 year
gross State sales of the ACP product in the previous 5 years, if the
responsible ACP party fails to report all required enforceable sales records
(for any portion of the compliance period), as specified in the ACP agreement
approving the ACP, or the current actual 1-year enforceable sales for the
product, if the responsible ACP party has provided all required enforceable
sales records (for the entire compliance period), as specified in the ACP
agreement approving the ACP;
(iv)
Missing Data Days = the number of days in a compliance period for which the
responsible ACP party has failed to provide the required enforceable sales
records or VOC content data as specified in the ACP agreement;
(v) Missing data days are estimated as 1, 2,
. . ., N = each product in an ACP, up to the maximum N, for which the
responsible ACP party has failed to record the required enforceable sales
records or VOC content data as specified in the ACP agreement.
(c) "Toilet/urinal care product"
does not include bathroom and tile cleaner or general purpose
cleaner.
(188) "Type A
propellant" means a compressed gas such as carbon dioxide
(CO2), nitrogen (N2), nitrogen
oxide (N2O), or compressed air that is used as a
propellant, and is either incorporated with the product or contained in a
separate chamber within the product's packaging.
(189) "Type B propellant" means a halocarbon
that is used as a propellant including chlorofluorocarbons (CFCs),
hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).
(190) "Type C propellant" means a propellant
that is not a Type A or Type B propellant, including propane, isobutane,
n-butane, and dimethyl ether.
(191)
Undercoating.
(a) "Undercoating" means an
aerosol product designed to impart a protective, non-paint layer to the
undercarriage, trunk interior, or firewall of motor vehicles to prevent the
formation of rust or to deaden sound.
(b) "Undercoating" includes rubberized,
mastic, or asphaltic products.
(192) "Usage directions" means the text or
graphics on the product's principal display panel, label, or accompanying
literature that describes to the end user how and in what quantity the product
is to be used.
(193)
"Vinyl/fabric/leather/polycarbonate coating" means a coating designed and
labeled exclusively to coat vinyl, fabric, leather, or polycarbonate
substrates.
(194) VOC Content.
(a) "VOC content" means, except for charcoal
lighter products, the total weight of VOC in a product expressed as a
percentage of the product weight, excluding the container or packaging, as
determined under Regulation .16A and B of this chapter.
(b) "VOC content" means, for charcoal lighter
material products only,
VOC Content = (Certified Emissions x 100) / Certified Use Rate
where:
(i)
Certified Emissions = the emissions level for products approved by the
Department under Regulation .05 of this chapter, as determined under South
Coast Air Quality Management District Rule 1174 Ignition Method Compliance
Certification Protocol (Feb. 28,1991), expressed to the nearest 0.001 pound CH2
per start;
(ii) Certified Use Rate
= the usage level for products approved by the Department under Regulation .05
of this chapter, as determined under South Coast Air Quality Management
District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 28,
1991), expressed to the nearest 0.001 pound certified product used per start.
(195) "Wasp
and hornet insecticide" means an insecticide product that is designed for use
against wasps, hornets, yellow jackets, or bees by allowing the user to spray
from a distance a directed stream or burst at the insects or their hiding
place.
(196) Waterproofer.
(a) "Waterproofer" means a product designed
and labeled exclusively to repel water from fabric or leather
substrates.
(b) "Waterproofer" does
not include fabric protectants.
(197) Wax.
(a) "Wax" means a material or synthetic
thermoplastic substance generally of high molecular weight hydrocarbons or high
molecular weight esters of fatty acids or alcohols, except glycerol and high
polymers.
(b) "Wax" includes
substances derived from the secretions of plants and animals such as carnuba
wax and beeswax, substances of a mineral origin such as ozocerite and paraffin,
and synthetic polymers such as polyethylene.
(198) "Web spray adhesive" means an aerosol
adhesive that is not a mist spray or special purpose spray adhesive.
(199) Wood Cleaner.
(a) "Wood cleaner" means a product labeled to
clean wooden materials including decking, fences, flooring, logs, cabinetry,
and furniture.
(b) "Wood cleaner"
does not include dusting aid, general purpose cleaner, furniture maintenance
product, floor wax stripper, floor polish or wax, or products designed and
labeled exclusively to preserve or color wood.
(200) "Wood floor wax" means wax-based
products for use solely on wood floors.
(201) "Working day" means a day between
Monday and Friday, inclusive, except days that are federal holidays.
(202) "Zinc-richprimer" means a coating that:
(a) Contains at least 65 percent metallic
zinc powder or zinc dust by weight of total solids;
(b) Is formulated for application to metal
substrates to provide a firm bond between the substrate and subsequent
applications of coatings; and
(c)
Is designed for professional use only and labeled "For Professional Use Only",
"For Industrial Use Only", "Not for Residential Use", or "Not Intended for
Residential Use."
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
No prior version found.