7 DE Admin. Code 1141. Limiting Emissions of Volatile Organic Compounds from Consumer and Commercial Products

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Delaware Administrative Code › Title 7 Natural Resources and Environmental Control › 1100 Division of Air Quality › 7 DE Admin. Code 1141

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(1) | contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids, and

(2) | is formulated for application to metal substrates to provide a firm bond between the substrate and subsequent applications of coatings, and

(3) | is intended for professional use only and labeled in accordance with the labeling requirements of subsection 1.4.15 of this regulation.

Coating Category | VOC Content Limit

Compliance Date 1/1/2005 through 2/28/2017 | Compliance Date Effective 3/1/2017

Flat Coatings | 100 | 50

Non-flat Coatings | 150 | 100

Non-flat-High Gloss Coatings | 250 | 150

Specialty Coatings

Aluminum Roof | N/A | 450

Antenna Coatings | 530 | N/A

Anti-fouling Coatings | 400* | N/A

Basement Specialty Coatings | N/A | 400

Bituminous Roof Coatings | 300 | 270

Bituminous Roof Primers | 350 | 350

Bond Breakers | 350 | 350

Calcimine Recoaters | 475* | 475*

Clear Wood Coatings

Clear Brushing Lacquers | 680 | N/A

Lacquers (including lacquer sanding sealers) | 550 | N/A

Sanding Sealers (not lacquer sanding sealers) | 350 | N/A

Varnishes | 350 | N/A

Conversion Varnish | 725* | See below

Concrete Curing Compounds | 350* | 350*

Concrete/Masonry Sealer | N/A | 100

Concrete Surface Retarders | 780* | 780*

Conjugated Oil Varnish | N/A | 450

Conversion Varnish | 725* | 725*

Driveway Sealers | N/A | 50

Dry Fog Coatings | 400* | 150

Faux Finishing Coatings | 350 | 350

Fire-resistive Coatings | 350 | 350

Fire-retardant Coatings

Clear | 650 | N/A

Opaque | 350 | N/A

Floor Coatings | 250 | 100

Flow Coatings | 420 | N/A

Form-release Compounds | 250 | 250

Graphic Arts Coatings (Sign Paints) | 500* | 500*

High-temperature Coatings | 420 | 420

Impacted Immersion Coatings | 780* | 780*

Industrial Maintenance Coatings | 340 | 250

Low-solids Coating | 120* (1) | 120* (1)

Magnesite Cement Coatings | 450 | 450

Mastic Texture Coatings | 300* | 100

Metallic Pigmented Coatings | 500 | 500

Multi-color Coatings | 250 | 250

Nuclear Coatings | 450* | 450*

Pre-treatment Wash Primers | 420 | 420

Primers, Sealers, and Undercoaters |

tings | 420 | 420

Impacted Immersion Coatings | 780* | 780*

Industrial Maintenance Coatings | 340 | 250

Low-solids Coating | 120* (1) | 120* (1)

Magnesite Cement Coatings | 450 | 450

Mastic Texture Coatings | 300* | 100

Metallic Pigmented Coatings | 500 | 500

Multi-color Coatings | 250 | 250

Nuclear Coatings | 450* | 450*

Pre-treatment Wash Primers | 420 | 420

Primers, Sealers, and Undercoaters | 200 | 100

Quick-dry Enamels | 200 | N/A

Quick-dry Primers, Sealers, and Undercoaters | 200 | N/A

Reactive Penetrating Carbonate Stone Sealer | N/A | 500

Reactive Penetrating Sealer | N/A | 350

Recycled Coatings | 250 | 250

Roof Coatings | 250 | 250

Rust Preventative Coatings | 400* | 250

Shellacs

Clear | 730 | 730

Opaque | 550 | 550

Specialty Primers, Sealers, and Undercoaters | 350 | 100

Stains | 250 | 250

Stone Consolidant | N/A | 450

Swimming Pool Coatings | 340 | 340

Swimming Pool Repair and Maintenance Coatings | 340 | N/A

Temperature-indicator Safety Coatings | 550 | N/A

Thermoplastic Rubber Coatings and Mastic | 550* | 550*

Traffic Marking Coatings | 150* | 100

Tub and Tile Refinish | N/A | 420

Waterproofing Membranes | N/A | 250

Waterproofing Sealers | 250 | N/A

Waterproofing Concrete/Masonry Sealers | 400 | N/A

Wood Coatings | N/A | 275

Wood Preservatives | 350 | 350

Zinc-rich Primer | N/A | 340

Product Category | VOC Content Limit

Effective Date 1/1/2005 | Effective Date 5/1/2009 | Effective 1/1/2017

Adhesive Removers:

Floor or Wall Covering | 5

Gasket or Thread Locking | 50

General Purpose | 20

Specialty | 70

Adhesives:

Aerosol Mist Spray | 65

Aerosol Web Spray | 55

Special Purpose Spray Adhesives:

Mounting, Automotive Engine

Compartment and Flexible Vinyl | 70

Polystyrene Foam and Automotive

Headliner | 65

Polyolefin and Laminate Repair/

Edgebanding | 60

Construction, Panel and Floor | 15 | 7

Contact | 80*

Contact, General Purpose | 55

Contact Special Purpose | 80

General Purpose | 10*

Structural Waterproof | 15*

Air Fresheners:

Single-phase Aerosols | 30

Double-phase Aerosols | 25

Dual Purpose Air Freshener/

e Engine

Compartment and Flexible Vinyl | 70

Polystyrene Foam and Automotive

Headliner | 65

Polyolefin and Laminate Repair/

Edgebanding | 60

Construction, Panel and Floor | 15 | 7

Contact | 80*

Contact, General Purpose | 55

Contact Special Purpose | 80

General Purpose | 10*

Structural Waterproof | 15*

Air Fresheners:

Single-phase Aerosols | 30

Double-phase Aerosols | 25

Dual Purpose Air Freshener/Disinfectant, Aerosol | 60

Liquids/Pump Sprays | 18*

Solids/Semisolids | 3*

Antiperspirants:

Aerosol | 40 HVOC

10 MVOC

Non-aerosol | 0 HVOC

0 MVOC

Anti-static Product

Aerosol | 80

Non-aerosol | 11

Automotive Brake Cleaners | 45 | N/A

Automotive Rubbing or Polishing Compound | 17

Automotive Wax, Polish, Sealant or Glaze:

Hard Paste Waxes | 45

Instant Detailers | 3

All Other Forms | 15

Automotive Windshield Cleaner | 35

Automotive Windshield Washer Fluids | 35

Bathroom and Tile Cleaners

Aerosols | 7

All Other Forms | 5 | N/A

Non-aerosol | 1

Brake Cleaner | 10

Bug and Tar Remover | 40

Carburetor or Fuel-Injection Air Intake Cleaners | 45 | 10

Carpet & Upholstery Cleaners

Aerosols | 7

Non-aerosols (dilutable) | 0.1

(ready-to-use): | 3.0

Charcoal Lighter Material | 2.3.4 this regulation*

Cooking Spray, Aerosol | 18 *

Deodorants:

Aerosol | 0 HVOC

10 MVOC

Non-aerosol | 0 HVOC

0 MVOC

Disinfectant

Aerosol | 70

Non-aerosol | 1

Dusting Aids:

Aerosol | 25

All other forms | 7*

Electrical Cleaner | 45

Electronic Cleaner | 75

Engine Degreasers:

Aerosol | 35 | 10

Non-aerosol | 5

Fabric Protectants | 60

Fabric Refresher:

Aerosol | 15

Non-aerosol | 6

Floor Polishes/waxes:

Resilient Flooring Materials | 7 * | 1

Non-Resilient Flooring Materials | 10 * | 1

Wood Floor Wax | 90 *

Floor Wax Strippers, non-aerosol | 2.3.6 this regulation

Footwear or Leather Care Products:

Aerosol | 75

Solid | 55

All other forms | 15

Furniture Maintenance Products:

Aerosol | 17

All other forms except solid or paste | 7 | N/A

Non-aerosol (except solid or paste) | 3

General Purpose Cleaners:

Aerosol | 10 | 8

Non-aerosol | 4

General Purpose Degreaser

Aerosol | 50 |

0 * | 1

Wood Floor Wax | 90 *

Floor Wax Strippers, non-aerosol | 2.3.6 this regulation

Footwear or Leather Care Products:

Aerosol | 75

Solid | 55

All other forms | 15

Furniture Maintenance Products:

Aerosol | 17

All other forms except solid or paste | 7 | N/A

Non-aerosol (except solid or paste) | 3

General Purpose Cleaners:

Aerosol | 10 | 8

Non-aerosol | 4

General Purpose Degreaser

Aerosol | 50 | 10

Non-aerosol | 4

Glass Cleaners:

Aerosol | 12 *

Non-aerosol | 4

Graffiti Removers:

Aerosol | 50

Non-aerosol | 30

Hair Mousse | 6

Hair Shine | 55

Hair Spray | 55

Hair Styling Gel | 6 *

Hair Styling Products:

Aerosol and Pump sprays | 6

All other forms | 2

Heavy Duty Hand Cleaner or Soap | 8

Insecticide:

Crawling Bug (aerosol) | 15

Crawling Bug (all other forms) | 20

Flea and Tick | 25

Flying Bug (aerosol) | 25

Flying Bug (all other forms) | 35

Foggers | 45

Lawn & Garden (all other forms) | 20

Lawn & Garden (non-aerosol) | 3

Wasp & Hornet | 40

Laundry Prewash:

Aerosol/Solid | 22

All other forms | 5

Laundry Starch/Sizing/Fabric Finish Product | 5 | 4.5

Metal Polish/Cleanser | 30

Multi-purpose Lubricant (excluding solid or semi-solid product) | 50

Multi-Purpose Solvent | 3

Nail Polish Remover | 75 | 1

Non-selective Terrestrial Herbicide

Non-aerosol | 3

Oven or Grill Cleaners

Aerosol/Pump spray | 8

Liquid | 5 | N/A

Non-aerosol | 4

Paint Remover or Stripper | 50

Paint Thinner | 3

Penetrants | 50

Rubber / Vinyl Protectant

Non-aerosol | 3

Aerosol | 10

Sanitizer

Aerosol | 70

Non-aerosol | 1

Sealant & Caulking Compound | 4

Shaving Cream | 5

Shaving Gel | 7 | 4

Silicone-based Multi-purpose Lubricants (excluding solid or semi-solid product) | 60

Spot Remover

Aerosol | 25

Non-aerosol | 8

Temporary Hair Color, aerosol | 55

Tire Sealant and Inflators | 20

Toilet/Urinal Care:

Aerosol | 10

Non-aerosol | 3

Undercoating, Aerosol | 40

Wood Cleaner:

Aerosol | 17

Non-aerosol | 4

Adhesive, Sealant, Adhesive Primer or Sealant Primer Category | VOC Content Limit (grams VOC per liter*)

Adhesives

ABS welding | 400

Ceramic tile installation | 130

t) | 60

Spot Remover

Aerosol | 25

Non-aerosol | 8

Temporary Hair Color, aerosol | 55

Tire Sealant and Inflators | 20

Toilet/Urinal Care:

Aerosol | 10

Non-aerosol | 3

Undercoating, Aerosol | 40

Wood Cleaner:

Aerosol | 17

Non-aerosol | 4

Adhesive, Sealant, Adhesive Primer or Sealant Primer Category | VOC Content Limit (grams VOC per liter*)

Adhesives

ABS welding | 400

Ceramic tile installation | 130

Computer diskette jacket manufacturing | 850

Contact bond | 250

Cove base installation | 150

CPVC welding | 490

Indoor floor covering installation | 150

Metal to urethane/rubber molding or casting | 850

Multipurpose construction | 200

Nonmembrane roof installation/repair | 300

Other plastic cement welding | 510

Outdoor floor covering installation | 250

PVC welding | 510

Single-ply roof membrane installation/repair | 250 **

Structural glazing | 100

Thin metal laminating | 780

Tire retread | 100

Perimeter bonded sheet vinyl flooring installation | 660

Waterproof resorcinol glue | 170

Sheet-applied rubber installation | 850

Sealants

Architectural | 250

Marine deck | 760

Nonmembrane roof installation/repair | 300

Roadway | 250

Single-ply roof membrane | 450 **

Other | 420

Adhesive Primers

Automotive glass | 700

Plastic cement welding | 650

Single-ply roof membrane | 250 **

Traffic marking tape | 150

Other | 250

Sealant Primers

Non-porous architectural | 250

Porous architectural | 775

Marine deck | 760

Other | 750

Adhesive Applied by Substrate

Flexible vinyl | 250

Fiberglass | 200

Metal | 30

Porous material | 120

Rubber | 250

Other substrates | 250

12/11/2016

1.0 Architectural and Industrial Maintenance Coatings

1.1 Applicability

1.1.1 Except as provided in subsections 1.1.2 and 1.1.3 of this regulation, Section 1.0 of this regulation applies to any person who supplies, sells, offers for sale, blends, repackages for sale, or manufactures any architectural coating for use in the State of Delaware, as well as any person who applies or solicits the application of any architectural coating in the State of Delaware on or after th

1.1 Except as provided in subsections 1.1.2 and 1.1.3 of this regulation, Section 1.0 of this regulation applies to any person who supplies, sells, offers for sale, blends, repackages for sale, or manufactures any architectural coating for use in the State of Delaware, as well as any person who applies or solicits the application of any architectural coating in the State of Delaware on or after the applicable compliance dates in Table 1-1 “VOC Content Limits For Architectural Coatings”.

1.1.2 A coating manufactured prior to the applicable compliance date in Table 1-1 of this regulation may be sold, supplied, or offered for sale on or after the applicable compliance date. In addition, a coating manufactured before the applicable compliance date in Table 1-1 of this regulation may be applied at any time, both before and after the applicable compliance date, so long as the coating complied with the standards in effect at the time the coating was manufactured. This does not apply to any coating that does not display the date code required by subsection 1.4.1 of this regulation.

1.1.3 The provisions of Section 1.0 of this regulation do not apply to

1.1.3.1 any architectural coating that is supplied, sold, offered for sale, or manufactured for use outside the State of Delaware or for shipment to other manufacturers for reformulation or repackaging;

1.1.3.2 any aerosol coating product, or

1.1.3.3 any architectural coating that is sold in a container with a volume of one liter (1.057 quart) or less, including kits containing containers of different colors, types or categories of coatings and two component products. This applicability exception does not include bundling of containers one liter or less, which are sold together as a unit, or any type of marketing which implies that multiple containers one liter or less be combined into one container. This exemption also does not include packaging from which the coating cannot be applied

fferent colors, types or categories of coatings and two component products. This applicability exception does not include bundling of containers one liter or less, which are sold together as a unit, or any type of marketing which implies that multiple containers one liter or less be combined into one container. This exemption also does not include packaging from which the coating cannot be applied. This exemption does not include multiple containers of one liter or less that are packaged and shipped together with no intent or requirement to ultimately sell as one unit.

1.1.4 Early compliance option. Prior to March 1, 2017, any coating that meets the definition in subsection 1.2 of this regulation for a coating category listed in Table 1-1 of this regulation and complies with the VOC limit effective on March 1, 2017 of the applicable coating category in Table 1-1 of this regulation and meets all other requirements of this regulation (including those requirements otherwise effective on March 1, 2017) shall be considered in compliance with this regulation.

1.2 Definitions

Terms used but not defined in Section 1.0 of this regulation shall have the meaning given them in 7 DE Admin. Code 1101 or the CAA, in that order of priority.

“ Adhesive ” means any chemical substance that is applied for the purposes of bonding two surfaces together other than by mechanical means.

“ Aerosol coating product ” means a pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic marking applications.

ged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic marking applications.

“ Aluminum Roof Coating ” means, for products manufactured on or after March 1, 2017, a coating labeled and formulated exclusively for application to roofs and containing at least 84 grams of elemental aluminum pigment per liter of coating (at least 0.7 pounds per gallon). Pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by reference in subsection 1.6.5.4 of this regulation.

“ Antenna coating ” means, for products manufactured before March 1, 2017, a coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals. For products manufactured on or after March 1, 2017, the antenna coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable category in Table 1-1 of this regulation.

“ Anti-fouling coating ” means, for products manufactured before March 1, 2017, a coating labeled and formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms. To qualify as an anti-fouling coating, the coating must be registered with the U. S. EPA under the Federal Insecticide, Fungicide and Rodenticide Act (7 U. S. C. Section 136 et seq.) and with the Department of Agriculture of the State of Delaware under 3 Del.C . Ch. 12 . For products manufactured on or after March 1, 2017, the antifouling coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation

al Insecticide, Fungicide and Rodenticide Act (7 U. S. C. Section 136 et seq.) and with the Department of Agriculture of the State of Delaware under 3 Del.C . Ch. 12 . For products manufactured on or after March 1, 2017, the antifouling coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Appurtenance ” means any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment; air conditioning equipment, and other fixed mechanical equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain gutters and downspouts; stairways; fixed ladders; catwalks and fire escapes; and window screens.

“ Architectural coating ” means a coating to be applied to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in shop applications or to non-stationary structures such as airplanes, ships, boats, railcars, and automobiles, as well as adhesives are not considered architectural coatings for the purpose of Section 1.0 of this regulation.

“ ASTM ” means the American Society for Testing and Materials International.

“ BAAQMD ” means the Bay Area Air Quality Management District in the State of California.

“ Basement specialty coating ” means, for products manufactured on or after March 1, 2017, a clear or opaque coating that is labeled and formulated for application to concrete and masonry surfaces to provide a hydrostatic seal for basements and other below-grade surfaces. Basement specialty coatings must meet the following criteria:

Area Air Quality Management District in the State of California.

(1) coating must be capable of withstanding at least 10 psi of hydrostatic pressure, as determined in accordance with ASTM D 7088-04 incorporated by reference in subsection 1.6.5.16 of this regulation, and

(2) coating must be resistant to mold and mildew growth and must achieve a microbial growth rating of 8 or more, as determined in accordance with ASTM D 3273-00 and ASTM D 3274-95 incorporated by reference in subsection 1.6.5.22 of this regulation.

“ Bitumens ” means black or brown materials including, but not limited to, asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.

“ Bituminous roof coating ” means a coating which incorporates bitumens that is labeled and formulated exclusively for roofing for the primary purpose of preventing water penetration.

“ Bituminous roof primer ” means a primer which incorporates bitumens that is labeled and formulated exclusively for roofing and intended for the purpose of preparing a weathered or aged surface or improving the adhesion of subsequent surfacing components.

“ Bond breaker ” means a coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it was poured.

“ CAA ” means the Clean Air Act, as amended in 1990.

“ Calcimine recoater ” means a flat solvent-borne coating formulated and recommended specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates

g labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it was poured.

“ CAA ” means the Clean Air Act, as amended in 1990.

“ Calcimine recoater ” means a flat solvent-borne coating formulated and recommended specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.

“ Clear brushing lacquers ” means, for products manufactured before March 1, 2017, clear wood coatings, excluding clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid protective film, which are intended exclusively for application by brush and which are labeled as specified in subsection 1.4.5 of this regulation. For products manufactured on or after March 1, 2017, the clear brushing lacquers coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Clear wood coatings ” means, for coatings manufactured before March 1, 2017, clear and semi-transparent coatings, including clear brushing lacquers, clear lacquer sanding sealers, sanding sealers other than clear lacquer sanding sealers and varnishes, applied to wood substrates to provide a transparent or translucent film. For products manufactured on or after March 1, 2017, the clear wood coatings category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Coating ” means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers, and stains.

“ Colorant ” means a concentrated pigment dispersion in water, solvent, and/or binder that is added to an architectural coating after packaging in sales units to produce the desired color

Coating ” means a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers, and stains.

“ Colorant ” means a concentrated pigment dispersion in water, solvent, and/or binder that is added to an architectural coating after packaging in sales units to produce the desired color.

“ Concrete curing compound ” means a coating labeled and formulated for application to freshly poured concrete to perform one or more of the following functions:

(1) retard the evaporation of water, or

(2) harden or dustproof the surface of freshly poured concrete.

“ Concrete/Masonry sealer ” means, for products manufactured on or after March 1, 2017, a clear or opaque coating that is labeled and formulated primarily for application to concrete and masonry surfaces to perform one or more of the following functions:

(1) prevent penetration of water, or

(2) provide resistance against abrasion, alkalis, acids, mildew, staining, or ultraviolet light, or

(3) harden or dustproof the surface of aged or cured concrete.

“ Concrete surface retarder ” means a mixture of retarding ingredients such as extender pigments, primary pigments, resin, and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, allowing the retarded mix of cement and sand at the surface to be washed away to create an exposed aggregate finish.

“ Conjugated oil varnish ” means, for products manufactured on or after March 1, 2017, a clear or semi-transparent wood coating, labelled as such, excluding lacquers or shellacs, based on a natural occurring conjugated vegetable oil (tung oil) and modified with other natural or synthetic resins; a minimum of fifty percent of the resin solids consisting of conjugated oil. Supplied as a single component product, conjugated oil varnishes penetrate and seal the wood. Film formation is due to polymerization of the oil

d coating, labelled as such, excluding lacquers or shellacs, based on a natural occurring conjugated vegetable oil (tung oil) and modified with other natural or synthetic resins; a minimum of fifty percent of the resin solids consisting of conjugated oil. Supplied as a single component product, conjugated oil varnishes penetrate and seal the wood. Film formation is due to polymerization of the oil. These varnishes may contain small amounts of pigment to control the final gloss or sheen.

“ Conversion varnish ” means a clear acid-curing coating with an alkyd or other resin blended with amino resins and supplied as a single component or two-component product. Conversion varnishes produce a hard, durable, clear finish designed for professional application to wood flooring. Film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification at the reactive ethers of the amino resins.

“ Driveway sealer ” means, for products manufactured on or after March 1, 2017, a coating labelled and formulated for application to worn asphalt driveway surfaces to perform one or more of the following functions:

(1) fill cracks, or

(2) seal the surface to provide protection, or

(3) restore or preserve the appearance.

“ Dry fog coating ” means a coating labeled and formulated only for spray application such that over spray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

“ Exempt compound ” means a compound identified as exempt under the definition of Volatile Organic Compound (VOC) in 7 DE Admin. Code 1101 . Exempt compound content of a coating shall be determined by U. S. EPA Method 24, methods referenced in ASTM D 3960-05, or South Coast Air Quality Management District (SCAQMD) Method 303-91 (Revised February 1993), incorporated by reference in subsection 1.6.5.10 of this regulation.

“ Faux finishing coating ” means a coating labeled and formulated to meet one or more of the following criteria:

01 . Exempt compound content of a coating shall be determined by U. S. EPA Method 24, methods referenced in ASTM D 3960-05, or South Coast Air Quality Management District (SCAQMD) Method 303-91 (Revised February 1993), incorporated by reference in subsection 1.6.5.10 of this regulation.

“ Faux finishing coating ” means a coating labeled and formulated to meet one or more of the following criteria:

(1) a glaze or textured coating used to create artistic effects including, but not limited to, dirt, suede, old age, smoke damage, and simulated marble and wood grain, or

(2) a decorative coating used to create a metallic, iridescent, or pearlescent appearance that contains at least 48 grams of pearlescent mica pigment or other iridescent pigment per liter of coating as applied (at least 0.4 pounds per gallon), or

(3) a decorative coating used to create a metallic appearance that contains less than 48 grams of elemental metallic pigment per liter of coating as applied (less than 0.4 pounds per gallon), when testing in accordance with SCAQMD Method 318-95, incorporated by reference in subsection 1.6.5.4 of this regulation, or

(4) a decorative coating used to create a metallic appearance that contains greater than 48 grams of elemental metallic pigment per liter of coating as applied (greater than 0.4 pounds per gallon) and which requires a clear topcoat to prevent degradation of the finish under normal use conditions. The metallic pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by reference in subsection 1.6.5.4 of this regulation, or

nce that contains greater than 48 grams of elemental metallic pigment per liter of coating as applied (greater than 0.4 pounds per gallon) and which requires a clear topcoat to prevent degradation of the finish under normal use conditions. The metallic pigment content shall be determined in accordance with SCAQMD Method 318-95, incorporated by reference in subsection 1.6.5.4 of this regulation, or

(5) a clear topcoat to seal and protect a faux finishing coating that meets the requirements of (1), (2), (3), or (4) of this definition. These clear topcoats must be sold and used solely as part of a faux finishing coating system, and must be labeled in accordance with subsection 1.4.10 of this regulation.

“ Fire-resistive coating ” means a coating labeled and formulated to protect structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials. The fire-resistive category includes sprayed fire-resistive materials and intumescent fire-resistive coatings that are used to bring structural materials into compliance with federal, state and local building code requirements. The fire-resistive coating and the testing agency must be approved by State of Delaware building code officials for the County or local jurisdiction. The fire-resistive coating shall be tested in accordance with ASTM E 119-08, incorporated by reference in subsection 1.6.5.2 of this regulation.

“ Fire-retardant coating ” means, for products manufactured before March 1, 2017, a coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by State of Delaware building code officials for the County or local jurisdiction for use in bringing building and construction materials into compliance with federal, state and local building code requirements. The fire-retardant coating and the testing agency must be approved by State of Delaware building code officials for the County or local jurisdiction

and rated by a testing agency approved by State of Delaware building code officials for the County or local jurisdiction for use in bringing building and construction materials into compliance with federal, state and local building code requirements. The fire-retardant coating and the testing agency must be approved by State of Delaware building code officials for the County or local jurisdiction. The fire-retardant coating shall be tested in accordance with ASTM E84-07, incorporated by reference in subsection 1.6.5.1 of this regulation. For products manufactured on or after March 1, 2017, the fire-retardant coating category is eliminated and coatings meeting this definition are subject to the VOC limit of their primary category (e.g. Flat, Non-flat, Non-flat - high gloss).

“ Flat coating ” means a coating that is undefined under any other definition in subsection 1.2 of this regulation and that registers gloss less than 15 on an 85-degree meter or less than 5 on a 60-degree meter according to ASTM D 523-89 (1999), incorporated by reference in subsection 1.6.5.3 of this regulation.

“ Floor coating ” means an opaque coating that is labeled and formulated for application to flooring, including, but not limited to, decks, porches, steps, garage floors, and other horizontal surfaces, which may be subjected to foot traffic.

“ Flow coating ” means, for a product manufactured before March 1, 2017, a coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units. For products manufactured on or after March 1, 2017, the flow coating category is eliminated and coatings meeting this definition are subject to the VOC content limit of the applicable coating category in Table 1-1 of this regulation.

“ Form-release compound ” means a coating labeled and formulated for application to a concrete form to prevent the freshly poured concrete from bonding to the form

. For products manufactured on or after March 1, 2017, the flow coating category is eliminated and coatings meeting this definition are subject to the VOC content limit of the applicable coating category in Table 1-1 of this regulation.

“ Form-release compound ” means a coating labeled and formulated for application to a concrete form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood, metal, or some material other than concrete.

“ Graphic arts coating or sign paint ” means a coating labeled and formulated for hand application by artists using brush, airbrush, or roller techniques to indoor and outdoor signs (excluding structural components) and murals including letter enamels, poster colors, copy blockers, and bulletin enamels.

“ High-temperature coating ” means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204 o C (400 o F).

“ Impacted immersion coating ” means a high performance maintenance coating formulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water. These coatings are specifically resistant to high-energy impact damage caused by floating ice or debris.

“ Industrial maintenance coating ” means a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for application to substrates, including floors, exposed to one or more of the extreme environmental conditions listed in (1) through (5) under this definition and labeled as specified in subsection 1.4.4 of this regulation:

(1) immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic exposure of interior surfaces to moisture condensation;

(2) acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes or chemical mixtures or solutions;

(3) frequent exposure to temperatures above 121 o C (250 o F);

subsection 1.4.4 of this regulation:

(1) immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic exposure of interior surfaces to moisture condensation;

(2) acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes or chemical mixtures or solutions;

(3) frequent exposure to temperatures above 121 o C (250 o F);

(4) frequent heavy abrasion, including mechanical wear and frequent scrubbing with industrial solvents, cleansers, or scouring agents; or

(5) exterior exposure of metal structures and structural components.

“ Intumescent ” means a material that swells as a result of heat exposure thus increasing in volume and decreasing in density.

“ Lacquer ” means, for products manufactured before March 1, 2017, a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film. For products manufactured on or after March 1, 2017, the lacquer category is eliminated and coatings meeting this definition are subject to the VOC content limit of the applicable coating category in Table 1-1 of this regulation.

“ Low-solids coating ” means a coating containing 0.12 kilogram or less of solids per liter (one pound or less of solids per gallon) of coating material as recommended for application by the manufacturer. The VOC content for low-solids coatings shall be calculated in accordance with subsection 1.6.1.2 of this regulation.

“ Magnesite cement coating ” means a coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.

“ Manufacturer’s maximum thinning recommendation ” means the maximum recommendation for thinning that is indicated on the label or lid of the coating container

lated in accordance with subsection 1.6.1.2 of this regulation.

“ Magnesite cement coating ” means a coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.

“ Manufacturer’s maximum thinning recommendation ” means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.

“ Mastic texture coating ” means a coating labeled and formulated to cover holes and minor cracks and to conceal surface irregularities, that is recommended to be applied in a single coat of at least 10 mils (at least 0.010 inch) dry film thickness.

“ Medium density fiberboard ” means a composite wood product, panel, molding, or other building material composed of cellulose fibers (usually wood) made by dry forming and pressing of resinated fiber mat.

“ Metallic pigmented coating ” means a coating that is labeled and formulated to produce a metallic appearance. Metallic pigmented coatings must contain at least 48 grams of elemental metallic pigment (excluding zinc) per liter of coating as applied (at least 0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95, incorporated by reference in subsection 1.6.5.4 of this regulation. For products manufactured on or after March 1, 2017, the metallic pigmented coating category does not include coatings applied to roofs or zinc-rich primers.

“ Multi-color coating ” means a coating that is packaged in a single container and that is labeled and formulated to exhibit more than one color when applied in a single coat.

“ Non-flat coating ” means a coating that is undefined under any other definition in subsection 1.2 of this regulation and that registers a gloss of 15 or greater on an 85-degree meter and 5 or greater on a 60-degree meter according to ASTM D 523-89 (1999), incorporated by reference in subsection 1.6.5.3 of this regulation

nd formulated to exhibit more than one color when applied in a single coat.

“ Non-flat - high gloss coating ” means a non-flat coating that registers a gloss of 70 or greater on a 60-degree meter according to ASTM D 523-89 (1999), incorporated by reference in subsection 1.6.5.3 of this regulation. Non-flat – high gloss coatings must be labeled in accordance with subsection 1.4.9 of this regulation.

“ Nuclear coating ” means a protective coating formulated and recommended to seal porous surfaces such as steel (or concrete) that otherwise would be subject to intrusions by radioactive materials. These coatings must be resistant to long-term (service life) cumulative radiation exposure when tested in accordance with ASTM D 4082-02, incorporated by reference in subsection 1.6.5.14 of this regulation, relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed when tested in accordance with ASTM D 3912-95(2001), incorporated by reference in subsection 1.6.5.15 of this regulation.

“ Particle board ” means a composite wood product panel, molding, or other building material composed of cellulose material (usually wood) in the form of discrete particles, as distinguished from fibers, flakes, or strands, which are pressed together with resin.

“ Pearlescent ” means exhibiting various colors depending on the angles of illumination and viewing, as observed in mother-of-pearl.

“ Plywood ” means a panel product consisting of layers of wood veneers or composite core pressed together with resin. Plywood includes panel products made by either hot or cold pressing (with resin) veneers to a platform

trands, which are pressed together with resin.

“ Pearlescent ” means exhibiting various colors depending on the angles of illumination and viewing, as observed in mother-of-pearl.

“ Post-consumer coating ” means finished coatings generated by a business or consumer that have served their intended end uses and are recovered from or otherwise diverted from the waste stream for the purpose of recycling.

“ Pre-treatment wash primer ” means a primer that contains a minimum of 0.5 percent acid, by weight, when tested in accordance with ASTM D 1613-06, incorporated by reference in subsection 1.6.5.5 of this regulation, that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

“ Primer ” means, for products manufactured before March 1, 2017, a coating labeled and formulated for application to a substrate to provide a firm bond between the substrate and subsequent coats. For products manufactured on or after March 1, 2017, the primer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Primer, sealer, and undercoater ” means a coating labeled and formulated for one or more of the following purposes:

(1) to prevent subsequent coatings from being absorbed by the substrate, or

(2) to prevent harm to subsequent coatings by materials in the substrate, or

(3) to provide a smooth surface for the subsequent application of coatings, or

(4) to provide a clear finish coat to seal the substrate, or

sealer, and undercoater ” means a coating labeled and formulated for one or more of the following purposes:

(1) to prevent subsequent coatings from being absorbed by the substrate, or

(2) to prevent harm to subsequent coatings by materials in the substrate, or

(3) to provide a smooth surface for the subsequent application of coatings, or

(4) to provide a clear finish coat to seal the substrate, or

(5) to block materials from penetrating into or leaching out of a substrate.

“ Quick-dry enamel ” means, for products manufactured before March 1, 2017, a non-flat coating that is labeled as specified in subsection 1.4.8 of this regulation and that is formulated to have the following characteristics:

(1) can be applied directly from the container under normal conditions with ambient temperatures between 16 o and 27 o C (60 o and 80 o F);

(2) when tested in accordance with ASTM D 1640-95 (1999), incorporated by reference in subsection 1.6.5.6 of this regulation , sets to the touch in two hours or less, is tack free in four hours or less, and dries hard in eight hours or less by the mechanical test method; and

(3) has a dried film gloss of 70 or above on a 60-degree meter.

For products manufactured on or after March 1, 2017, the quick-dry enamel coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Quick-dry primer, sealer and undercoater ” means, for products manufactured before March 1, 2017, a primer, sealer, or undercoater that is dry to the touch in 30 minutes and can be re-coated in two hours when tested in accordance with ASTM D 1640-95 (1999), incorporated by reference in subsection 1.6.5.6 of this regulation. For products manufactured on or after March 1, 2017, the quick-dry, primer, sealer and undercoater coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation

ed in two hours when tested in accordance with ASTM D 1640-95 (1999), incorporated by reference in subsection 1.6.5.6 of this regulation. For products manufactured on or after March 1, 2017, the quick-dry, primer, sealer and undercoater coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Reactive penetrating carbonate stone sealer ” means, for products manufactured on or after March 1, 2017, a clear or pigmented coating that is labeled and formulated for application to above-grade carbonate stone substrates to provide protection from water and waterborne contaminants, including, but not limited to, alkalis, acids, and salts. Reactive penetrating carbonate stone sealers must penetrate into the carbonate stone substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate. Reactive penetrating carbonate stone sealers line the pores of carbonate stone substrates with a hydrophobic coating, but do not form a surface film. Reactive penetrating carbonate stone sealers must meet all of the following criteria:

(1) must improve water repellency at least 80 percent after application on a carbonate stone substrate. This performance must be verified on standardized test specimens, in accordance with one or more of the following standards, ASTM C 67-07, or ASTM C 97-02, or ASTM C 140-06, incorporated by reference in subsection 1.6.5.23 of this regulation, and,

(2) must not reduce the water vapor transmission rate by more than 10 percent after application on a carbonate stone substrate. This performance must be verified on standardized test specimens, in accordance with ASTM E 96/E 96M-05, incorporated by reference in subsection 1.6.5.24 of this regulation, and,

, or ASTM C 140-06, incorporated by reference in subsection 1.6.5.23 of this regulation, and,

(3) must be labeled in accordance with the labeling requirements of subsection 1.4.12 of this regulation.

“ Reactive penetrating sealer ” means, for products manufactured on or after March 1, 2017, a clear or pigmented coating that is labeled and formulated for application to above-grade concrete and masonry substrates to provide protection from water and waterborne contaminants, including, but not limited to, alkalis, acids, and salts. Reactive penetrating sealers must penetrate into concrete and masonry substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate. Reactive penetrating sealers line the pores of concrete and masonry substrates with hydrophobic coating, but do not form a surface film. Reactive penetrating sealers must meet all the following criteria:

(1) must improve water repellency at least 80 percent after application on a concrete or masonry substrate. This performance must be verified on standardized test specimens, in accordance with one or more of the following standards, ASTM C 67-07, or ASTM C 97-02, or ASTM C 140-06, incorporated by reference in subsection 1.6.5.23 of this regulation, and,

(2) must not reduce the water vapor transmission rate by more than 2 percent after application on standardized test specimens, in accordance with ASTM E 96/E 96M-05, incorporated by reference in subsection 1.6.5.24 of this regulation, and,

e or more of the following standards, ASTM C 67-07, or ASTM C 97-02, or ASTM C 140-06, incorporated by reference in subsection 1.6.5.23 of this regulation, and,

(3) products labeled and formulated for vehicular traffic surface chloride screening applications must meet the performance criteria listed in the National Cooperative Highway Research Report 244 (1981), incorporated by reference in subsection 1.6.5.25 of this regulation, and,

(4) must be labeled in accordance with the labeling requirement in subsection 1.4.11 of this regulation.

“ Recycled coating ” means an architectural coating formulated such that it contains a minimum of 50% by volume post-consumer coating, with a maximum of 50% by volume secondary industrial materials or virgin materials.

“ Roof coating ” means a non-bituminous coating labeled and formulated for application to roofs for the primary purpose of preventing water penetration, reflecting ultraviolet light, or reflecting solar radiation.

“ Rust preventive coating ” means a coating formulated to prevent the corrosion of metal surfaces for one or more of the following applications:

(1) direct-to-metal coatings, or

(2) coatings intended for application over rusty, previously coated surfaces.

The rust preventive coating category does not include the following:

(3) coatings that are required to be applied as a topcoat over a primer, or

“ Rust preventive coating ” means a coating formulated to prevent the corrosion of metal surfaces for one or more of the following applications:

(1) direct-to-metal coatings, or

(2) coatings intended for application over rusty, previously coated surfaces.

The rust preventive coating category does not include the following:

(3) coatings that are required to be applied as a topcoat over a primer, or

(4) coatings that are intended for use on wood or any other nonmetallic surfaces.

Rust preventive coatings are for metal substrates only and must be labeled in accordance with the labeling requirements of subsection 1.4.6 of this regulation.

“ Sanding sealer ” means, for products manufactured before March 1, 2017, a clear wood coating labeled and formulated for application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings. A sanding sealer that also meets the definition of a lacquer is not included in this category, but is included in the lacquer category. For products manufactured on or after March 1, 2017, the sanding sealer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ SCAQMD ” means the South Coast Air Quality Management District in the State of California.

“ Sealer ” means, for products manufactured before March 1, 2017, a coating labeled and formulated for application to a substrate for one or more of the following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate. For products manufactured on or after March 1, 2017 the sealer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation

more of the following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate. For products manufactured on or after March 1, 2017 the sealer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Secondary industrial materials ” means products or by-products of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended use.

“ Semitransparent coating ” means a coating that contains binders and colored pigments and is formulated to change the color of the surface, but not conceal the grain pattern or texture.

“ Shellac ” means a clear or opaque coating formulated solely with the resinous secretions of the lac beetle (laciffer lacca) and formulated to dry by evaporation without a chemical reaction.

“ Shop application ” means application of a coating to a product or a component of a product in or on the premises of a factory or shop as part of a manufacturing, production, or repairing process (e.g., original equipment manufacturing coatings).

“ Solicit ” means to require for use or to specify, by written or oral contract.

“ Specialty primer, sealer, and undercoater ” means, for products manufactured before March 1, 2017, a coating labeled as specified in subsection 1.4.7 of this regulation and that is formulated for application to a substrate to seal fire, smoke or water damage; to condition excessively chalky surfaces; to seal efflorescence; or to block stains. An excessively chalky surface is one that is defined as having a chalk rating of four or less as determined by ASTM D 4214-07, incorporated by reference in subsection 1.6.5.7 of this regulation

ction 1.4.7 of this regulation and that is formulated for application to a substrate to seal fire, smoke or water damage; to condition excessively chalky surfaces; to seal efflorescence; or to block stains. An excessively chalky surface is one that is defined as having a chalk rating of four or less as determined by ASTM D 4214-07, incorporated by reference in subsection 1.6.5.7 of this regulation. For products manufactured on or after March 1, 2017, means a coating that is formulated for application to a substrate to block water-soluble stains resulting from fire damage, smoke damage or water damage. Specialty primer, sealer, and undercoater coatings must be labeled in accordance with subsection 1.4.7 of this regulation.

“ Stain ” means a semi-transparent, or opaque coating labeled and formulated to change the color of a surface, but not to conceal the grain pattern or texture.

“ Stone consolidant ” means, for products manufactured on or after March 1, 2017, a coating that is labeled and formulated for application to stone substrates to repair historical structures that have been damaged by weathering or other decay mechanisms. Stone consolidants must penetrate into stone substrates to create bonds between particles and consolidate deteriorated material. Stone consolidants must be specified and used in accordance with ASTM E 2167-01, incorporated by reference in subsection 1.6.5.26 of this regulation. Stone consolidants are for professional use only and must be labeled in accordance with the labeling requirements in subsection 1.4.13 of this regulation.

“ Swimming pool coating ” means a coating labeled and formulated to coat the interior of swimming pools and to resist swimming pool chemicals. For products manufactured on or after March 1, 2017, swimming pool coatings include coatings used for swimming pool repair and maintenance

nal use only and must be labeled in accordance with the labeling requirements in subsection 1.4.13 of this regulation.

“ Swimming pool repair and maintenance coating ” means, for products manufactured before March 1, 2017, a rubber-based coating labeled and formulated to be used over existing rubber-based coatings for the repair and maintenance of swimming pools. For products manufactured on or after March 1, 2017, the swimming pool repair and maintenance coating category is eliminated and coatings meeting this definition are included in the swimming pool coating category.

“ Temperature-indicator safety coating ” means, for products manufactured before March 1, 2017, a coating labeled and formulated as a color changing indicator coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above 204 o C (400 o F). For products manufactured on or after March 1, 2017, the temperature-indicator safety coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Thermoplastic rubber coating and mastic ” means a coating or mastic formulated and recommended for application to roofing or other structural surfaces and that incorporates no less than 40 percent by weight of thermoplastic rubbers in the total resin solids and may also contain other ingredients including, but not limited to, fillers, pigments and modifying resins.

“ Tint base ” means an architectural coating to which colorant is added after packaging in sale units to produce a desired color

or application to roofing or other structural surfaces and that incorporates no less than 40 percent by weight of thermoplastic rubbers in the total resin solids and may also contain other ingredients including, but not limited to, fillers, pigments and modifying resins.

“ Tint base ” means an architectural coating to which colorant is added after packaging in sale units to produce a desired color.

“ Traffic marking coating ” means a coating labeled and formulated for marking and striping streets, highways, or other traffic surfaces including, but not limited to, curbs, berms, driveways, parking lots, sidewalks, and airport runways.

“ Tub and tile refinish coating ” means, for products manufactured on or after March 1, 2017, a clear or opaque coating that is labeled and formulated exclusively for refinishing the surface of a bathtub, shower, sink, or countertop. Tub and tile refinish coatings must meet all of the following criteria:

(1) coatings must have a scratch hardness of 3H or harder and a gouge hardness of 4H or harder. This must be determined on bonderite 1000, in accordance with ASTM D 3363-05, incorporated by reference in subsection 1.6.5.17 of this regulation, and

(2) coatings must have a weight loss of 20 milligrams or less after 1000 cycles. This must be determined with CS-17 wheels on bonderite 1000, in accordance with ASTM D 4060-07, incorporated by reference in subsection 1.6.5.18 of this regulation, and

(3) coatings must withstand 1000 hours or more of exposure with few or no #8 blisters. This must be determined on unscribed bonderite, in accordance with ASTM D 4585-99 and ASTM D 714-02e1, incorporated by reference in subsection 1.6.5.19 of this regulation, and

-17 wheels on bonderite 1000, in accordance with ASTM D 4060-07, incorporated by reference in subsection 1.6.5.18 of this regulation, and

(4) coatings must have an adhesion rating of 4B or better after 24 hours of recovery. This must be determined on inscribed bonderite, in accordance with ASTM D 4585-99 and ASTM D 3359-02, incorporated by reference in subsection 1.6.5.20 of this regulation.

“ Varnish ” means, for products manufactured before March 1, 2017, a clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may contain small amounts of pigment to color a surface, or to control the final sheen or gloss of the finish.For coatings manufactured on or after March 1, 2017, the varnish coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Veneer ” means thin sheets of wood peeled or sliced from logs for use in the manufacture of wood products such as plywood, laminated veneer lumber, or other products.

“ Virgin materials ” means materials that contain no post-consumer coatings or secondary industrial coatings.

“ VOC actual ” means the VOC content of a low-solids coating as determined by using the procedures specified in subsection 1.6.1.2 of this regulation.

“ VOC content ” means the weight of VOC per volume of coating, calculated according to the procedures specified in subsection 1.6.1 of this regulation.

“ VOC regulatory ” means the VOC content of a coating, excluding low-solids coatings, as determined using the procedures specified in subsection 1.6.1.1 of this regulation

by using the procedures specified in subsection 1.6.1.2 of this regulation.

“ VOC content ” means the weight of VOC per volume of coating, calculated according to the procedures specified in subsection 1.6.1 of this regulation.

“ VOC regulatory ” means the VOC content of a coating, excluding low-solids coatings, as determined using the procedures specified in subsection 1.6.1.1 of this regulation.

“ Waterproofing sealer ” means, for products manufactured before March 1, 2017, a coating labeled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water. For products manufactured on or after March 1, 2017, the waterproofing sealer coating category is eliminated and products meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Waterproofing concrete/masonry sealer ” means, for products manufactured before March 1, 2017, a clear or pigmented film-forming coating that is labeled and formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light and staining. For products manufactured on or after March 1, 2017, the waterproofing concrete/masonry sealer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.

“ Waterproofing membrane ” means, for products manufactured on or after March 1, 2017 a clear or opaque coating that is labeled and formulated for application to concrete and masonry surfaces to provide a seamless waterproofing membrane that prevents penetration of liquid water into the substrate. Waterproofing membranes are intended for the following waterproofing applications; below-grade surfaces, between concrete slabs, inside tunnels, inside concrete planters, and under flooring materials. Waterproofing membranes must meet the following criteria:

n to concrete and masonry surfaces to provide a seamless waterproofing membrane that prevents penetration of liquid water into the substrate. Waterproofing membranes are intended for the following waterproofing applications; below-grade surfaces, between concrete slabs, inside tunnels, inside concrete planters, and under flooring materials. Waterproofing membranes must meet the following criteria:

(1) coatings must be applied in a single coat of at least 25 mils (at least 0.025 inch) dry film thickness, and

(2) coatings must meet or exceed the requirements contained in ASTM C 836-06, incorporated by reference in subsection 1.6.5.21 of this regulation.

The waterproofing membrane coating category does not include topcoats that are included in the waterproofing concrete/masonry sealer coating category (e.g. parking deck topcoats, pedestrian deck topcoats, etc.).

“ Wood coatings ” means, for products manufactured on or after March 1, 2017, coatings labeled and formulated for application to wood substrates only. The wood coatings category includes the following clear and semi-transparent coatings: lacquers; varnishes; sanding sealers; penetrating oils; clear stains; wood conditioners used as undercoats; and wood sealers used as topcoats. The wood coatings category also includes the following opaque wood coatings: opaque lacquer; opaque sanding sealers; and opaque lacquer undercoaters. The wood coatings category does not include the following: clear sealers that are labeled and formulated for use on concrete/masonry surfaces; or coatings intended for substrates other than wood. Wood coatings must be labeled “for Wood Substrates Only”, in accordance with subsection 1.4.14 of this regulation.

“ Wood preservative ” means a coating labeled and formulated to protect exposed wood from decay or insect attack, that is registered with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section 136, et. seq.) and with the Department of Agriculture of the State of Delaware under 3 Del.C. Ch. 12

tes Only”, in accordance with subsection 1.4.14 of this regulation.

“ Wood substrate ” means, a substrate made of wood, particle board, plywood, medium density fiberboard, rattan, wicker, bamboo, or composite products with exposed wood grain. Wood substrate does not include items comprised of simulated wood.

“ Zinc-Rich primer ” means, for products manufactured on or after March 1, 2017, a coating that meets all if the following specifications:

1.3 Standards

1.3.1 Except as provided in subsections 1.3.2, 1.3.3 and 1.3.8 of this regulation , no person subject to the requirements of Section 1.0 of this regulation shall manufacture, blend, repackage for sale, supply, sell or offer for sale, solicit for application or apply in the State of Delaware, any architectural coating on or after the compliance date shown in Table 1-1 of this regulation with a VOC content in excess of the corresponding limit specified in Table 1-1 of this regulation.

1.3.2 For products manufactured before March 1, 2017, if anywhere on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by the manufacturer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in Table 1-1 of this regulation , then the most restrictive VOC content limit shall apply. This provision does not apply to the coating categories specified in subsections 1.3.2.1 through 1.3.2.20 of this regulation

acting on their behalf, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in Table 1-1 of this regulation , then the most restrictive VOC content limit shall apply. This provision does not apply to the coating categories specified in subsections 1.3.2.1 through 1.3.2.20 of this regulation .

1.3.2.1 Antenna coatings

1.3.2.2 Anti-fouling coatings

1.3.2.3 Bituminous roof primers

1.3.2.4 Calcimine recoaters

1.3.2.5 Fire-retardant coatings

1.3.2.6 Flow coatings

1.3.2.7 High-temperature coatings

1.3.2.8 Impacted immersion coatings

1.3.2.9 Industrial maintenance coatings

1.3.2.10 Lacquer coatings (including clear lacquer sanding sealers)

1.3.2.11 Low-solids coating

1.3.2.12 Metallic pigmented coatings

1.3.2.13 Nuclear coatings

1.3.2.14 Pre-treatment wash primers

1.3.2.15 Shellacs

1.3.2.16 Specialty primers, sealers, and undercoaters

1.3.2.17 Temperature-indicator safety coatings

1.3.2.18 Thermoplastic rubber coatings and mastic

1.3.2.19 Wood preservatives

1.3.2.20 Concrete surface retarder

1.3.3 For products manufactured on or after March 1, 2017, if a coating is recommended for use in more than one of the specialty coating categories listed in Table 1-1 of this regulation, the most restrictive (lowest) VOC content limit shall apply. This requirement applies to usage recommendations that appear anywhere on the coating container, anywhere on any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by the manufacturer or any one acting in their behalf. This provision does not apply to the coating categories specified in subsections 1.3.3.1 through 1.3.3.17 of this regulation

. This requirement applies to usage recommendations that appear anywhere on the coating container, anywhere on any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by the manufacturer or any one acting in their behalf. This provision does not apply to the coating categories specified in subsections 1.3.3.1 through 1.3.3.17 of this regulation.

1.3.3.1 Aluminum roof coating

1.3.3.2 Bituminous roof primer

1.3.3.3 Calcimine recoaters

1.3.3.4 Concrete surface retarders

1.3.3.5 High-temperature coating

1.3.3.6 Impacted immersion coating

1.3.3.7 Industrial maintenance coating

1.3.3.8 Low-solids coating

1.3.3.9 Metallic pigmented coating

1.3.3.10 Nuclear coating

1.3.3.11 Pre-treatment wash primer

1.3.3.12 Shellacs

1.3.3.13 Specialty primer, sealer, and undercoater

1.3.3.14 Thermoplastic rubber coating and mastic

1.3.3.15 Wood coatings

1.3.3.16 Wood preservative

1.3.3.17 Zinc-rich primer

1.3.4 All architectural coating containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging, or other means, shall be closed when not in use. These architectural coating containers include, but are not limited to, drums, buckets, cans, pails, trays, or other application containers. Containers of any VOC-containing materials used for thinning or cleanup shall also be closed when not in use.

1.3.5 No person shall apply or solicit the application of any architectural coating that is thinned to exceed the applicable VOC limit specified in Table 1-1 of this regulation .

1.3.6 No person shall apply or solicit the application of any rust preventive coating, manufactured before March 1, 2017, for industrial use unless such rust preventive coating complies with the industrial maintenance coating VOC limit specified in Table 1-1 of this regulation

any architectural coating that is thinned to exceed the applicable VOC limit specified in Table 1-1 of this regulation .

1.3.7 For any coating that does not meet any of the definitions for the specialty coatings categories listed in Table 1-1 of this regulation , the VOC content limit shall be determined by classifying the coating as a flat coating or a non-flat coating, or a non-flat high-gloss coating based on its gloss, as defined in subsection 1.2 of this regulation and the corresponding flat or non-flat, or non-flat high-gloss coating VOC limit in Table 1-1 of this regulation shall apply.

1.3.8 For products manufactured before March 1, 2017, notwithstanding the provisions of subsection 1.3.1 of this regulation , a person or facility may add up to 10 percent by volume of VOC to a lacquer to avoid blushing of the finish during days with relative humidity greater than 70% and the temperature below 65 o F, at the time of application, provided that the coating contains acetone and no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition of VOC.

1.4 Container Labeling Requirements

Each manufacturer of any architectural coatings subject to this rule shall display the information listed in subsections 1.4.1 through 1.4.15 of this regulation on the coating container (or label) in which the coating is sold or distributed, on or after the compliance date in Table 1-1 of this regulation.

1.4.1 The date the coating was manufactured, or a date code representing the date, shall be indicated on the label, lid, or bottom of the container. If the manufacturer uses a date code for any coating, the manufacturer shall file an explanation of each code with the Department

(or label) in which the coating is sold or distributed, on or after the compliance date in Table 1-1 of this regulation.

1.4.2 A statement of the manufacturer's recommendation regarding thinning of the coating shall be indicated on the label or lid of the container. This requirement does not apply to the thinning of architectural coatings with water. If thinning of the coating prior to use is not necessary, the recommendation must specify that the coating is to be applied without thinning.

1.4.3 For products manufactured before March 1, 2017 each container of any coating subject to this rule shall display either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer. VOC content shall be displayed in grams of VOC per liter of coating. VOC content displayed shall be calculated using product formulation data, or shall be determined using the test methods in subsection 1.6.2 of this regulation . The equations in subsection 1.6.1 of this regulation shall be used to calculate VOC content.

For products manufactured on or after March 1, 2017, if the manufacturer does not recommend thinning, the container must display the VOC content, as supplied. If the manufacturer recommends thinning, the container must display the VOC content, including the maximum amount of thinning solvent recommended by the manufacturer. If the coating is a multi-component product, the container must display the VOC content as mixed or catalyzed. If the coating contains silanes, siloxanes or other ingredients that generate ethanol or other VOC during the curing process, the VOC content must include the VOC emitted during curing

splay the VOC content, including the maximum amount of thinning solvent recommended by the manufacturer. If the coating is a multi-component product, the container must display the VOC content as mixed or catalyzed. If the coating contains silanes, siloxanes or other ingredients that generate ethanol or other VOC during the curing process, the VOC content must include the VOC emitted during curing. VOC content displayed shall be calculated using product formulation data or shall be determined using the test methods in subsection 1.6.2 of this regulation. The equations in subsection 1.6.1 of this regulation shall be used to calculate the VOC content. Therefore, each container of any coating subject to this regulation shall display one of the following in grams of VOC per liter of coating, as supplied:

1.4.3.1 Maximum VOC content as determined from all potential product formulations, or

1.4.3.2 VOC content as determined from actual formulation data, or

1.4.3.3 VOC content as determined using the methods in subsections 1.6.1 and 1.6.2 of this regulation.

1.4.4 All industrial maintenance coatings shall display on the label or the lid of the container in which the coating is sold or distributed one or more of the descriptions noted below:

1.4.4.1 For industrial use only.

1.4.4.2 For professional use only.

1.4.4.3 Not for residential use.

1.4.4.4 Not intended for residential use.

1.4.5 The labels of all clear brushing lacquers, manufactured before March 1, 2017, shall prominently display the statements "For brush application only", and "This product must not be thinned or sprayed".

1.4.6 The labels of all rust preventive coatings shall prominently display the statement "For metal substrates only".

1.4.7 The labels of all specialty primers, sealers, and undercoaters manufactured before March 1, 2017 shall prominently display one or more of the descriptions listed below

tly display the statements "For brush application only", and "This product must not be thinned or sprayed".

1.4.6 The labels of all rust preventive coatings shall prominently display the statement "For metal substrates only".

1.4.7 The labels of all specialty primers, sealers, and undercoaters manufactured before March 1, 2017 shall prominently display one or more of the descriptions listed below . For products manufactured on or after March 1, 2017, the labels of all specialty primers, sealers, and undercoaters shall display one or more of the descriptions listed below with the exception of subsection 1.4.7.5 of this regulation which shall not be used.

1.4.7.1 For blocking stains

1.4.7.2 For fire-damaged substrates

1.4.7.3 For smoke-damaged substrates

1.4.7.4 For water-damaged substrates

1.4.7.5 For excessively chalky substrates

1.4.7.6 To seal in efflorescence

1.4.8 The labels of all quick dry enamels manufactured before March 1, 2017 shall prominently display the words "Quick Dry" and the dry hard time.

1.4.9 The labels of all non-flat-high-gloss coatings shall prominently display the words "High Gloss".

1.4.10 The labels of all clear topcoat faux finishing coatings manufactured on or after March 1, 2017 shall prominently display the statement “This product can only be sold or used as part of a Faux Finishing coating system.”

1.4.11 The labels of all reactive penetrating sealers manufactured on or after March 1, 2017 shall prominently display the statement “Reactive Penetrating Sealer”.

1.4.12 The labels of all reactive penetrating carbonate stone sealers manufactured on or after March 1, 2017 shall prominently display the statement “Reactive Penetrating Carbonate Stone Sealer”.

1.4.13 The labels of all stone consolidants manufactured on or after March 1, 2017 shall prominently display the statement “Stone Consolidant – For Professional Use Only”.

1.4.14 The labels of all wood coatings manufactured on or after March 1, 2017 shall prominently display the statement “For Wood Substrates Only”

ll prominently display the statement “Reactive Penetrating Carbonate Stone Sealer”.

1.4.13 The labels of all stone consolidants manufactured on or after March 1, 2017 shall prominently display the statement “Stone Consolidant – For Professional Use Only”.

1.4.14 The labels of all wood coatings manufactured on or after March 1, 2017 shall prominently display the statement “For Wood Substrates Only”.

1.4.15 The labels of all zinc primers manufactured on or after March 1, 2017 shall prominently display one or more of the following statements:

1.4.15.1 “For Professional Use Only”.

1.4.15.2 “For Industrial Use Only”.

1.4.15.3 “Not for residential use”.

1.4.15.4 “Not intended for residential use”.

1.5 Reporting Requirements

1.5.1 Each manufacturer of a product subject to a VOC content limit in Table 1-1 shall keep records demonstrating compliance with the VOC content limits. Such records shall clearly list each covered product by name (and identifying number if applicable) as shown on the product label, and in applicable sales and technical literature, the VOC content determined as in subsections 1.6.1 and 1.6.2 of this regulation , the name or names of the regulated VOC constituents in the product, the dates of VOC determinations, and the coating category and VOC content limit under which the product is regulated in Section 1.0 of this regulation. These records shall be kept for a period of at least five years (60 months) from when generated.

1.5.2 Although routine reporting by manufacturers of coating products is not required, from time-to-time the Department may request certain specific data concerning sales and distribution of coating products in Delaware. A manufacturer shall, within 90 days, accede to such requests for information

ion. These records shall be kept for a period of at least five years (60 months) from when generated.

1.5.2.1 The name and full mailing address of the manufacturer

1.5.2.2 The name, address and telephone number of a contact person

1.5.2.3 The regulated product name as described on the label and the coating category in Table 1-1 of this regulation under which the product is regulated

1.5.2.4 If the product is marketed for interior or exterior use

1.5.2.5 Number of gallons sold in Delaware during the requested time period in containers greater than one liter

1.5.2.6 Number of gallons sold in Delaware during the requested time period in containers of one liter or less

1.5.2.7 The actual and regulatory VOC content in grams per liter (if product in containers less than or equal to one liter has a different VOC content than product in containers larger than one liter, list them separately)

1.5.2.8 The actual and regulatory VOC content in grams per liter after recommended thinning (if product in containers less than or equal to one liter has a different VOC content than product in containers larger than one liter, list them separately)

1.5.2.9 The name or names and CAS number of the VOC constituents of the product

1.5.2.10 The name or names and CAS number of any exempt compounds in the product

1.5.2.11 If the coating is a multi-component product, provide the VOC content as mixed or catalyzed

1.5.2.12 Whether the product is marketed as solventborne, waterborne or 100 percent solids

1.5.2.13 A description of resin or binder in the product

1.5.2.14 Whether the coating is a single-component or multi-component product

1.5.2.15 Density of the product in pounds per gallon

unds in the product

1.5.2.11 If the coating is a multi-component product, provide the VOC content as mixed or catalyzed

1.5.2.12 Whether the product is marketed as solventborne, waterborne or 100 percent solids

1.5.2.13 A description of resin or binder in the product

1.5.2.14 Whether the coating is a single-component or multi-component product

1.5.2.15 Density of the product in pounds per gallon

1.5.2.16 The percent by weight of solids, all volatile materials, water and any compounds in the product specifically exempted from the VOC definition

1.5.2.17 The percent by volume of solids, water and any compounds in the product specifically exempted from the VOC definition

1.5.3 All data listed in subsection 1.5.2 shall be maintained by the responsible official for a minimum of five years.

1.6 Compliance Provisions and Test Methods

1.6.1 For the purpose of determining compliance with the VOC content limits in Table 1-1 of this regulation , the VOC content of a coating shall be determined by using the procedures described in subsections 1.6.1.1 or 1.6.1.2 of this regulation , as appropriate. The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured.

1.6.1.1 With the exception of low-solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds. This is also known as VOC regulatory. Determine the VOC content using equation 1-1 as follows:

(1-1)

Where:

VOC Content = grams of VOC per liter of coating;

Ws = weight of volatiles, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams;

Vm = volume of coating, in liters;

Vw = volume of water, in liters;

Vec = volume of exempt compounds, in liters.

grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams;

Vm = volume of coating, in liters;

Vw = volume of water, in liters;

Vec = volume of exempt compounds, in liters.

1.6.1.2 For low-solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, including the volume of any water and exempt compounds. This is also known as VOC actual. Determine the VOC content using equation 1-2 as follows:

(1-2)

where:

VOC Content (ls) = the VOC content of a low-solids coating in grams per liter of coating;

Ws = weight of volatile, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams;

Vm = volume of coating, in liters.

1.6.2 To determine the physical properties of a coating in order to perform the calculations in subsection 1.6.1 of this regulation , the reference method for VOC content is U.S. EPA Method 24 (40CFR60 Appendix A), incorporated by reference in subsection 1.6.5.11 of this regulation , except as provided in subsections 1.6.3 and 1.6.4 of this regulation . An alternative method to determine the VOC content of coatings is SCAQMD Method 304-91 (Revised 1996), incorporated by reference in subsection 1.6.5.12 of this regulation .

To determine the VOC content of a coating, the manufacturer may use U.S. EPA Method 24, or an alternative method, as provided in subsection 1.6.3 of this regulation , formulation data, or any other reasonable means for predicting that the coating has been formulated as intended (e.g. quality assurance checks, recordkeeping). However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 results will govern, except when an alternative method is approved as specified in subsection 1.6.3 of this regulation . The Secretary may require the manufacturer to conduct a Method 24 analysis

as intended (e.g. quality assurance checks, recordkeeping). However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 results will govern, except when an alternative method is approved as specified in subsection 1.6.3 of this regulation . The Secretary may require the manufacturer to conduct a Method 24 analysis.

Exempt compound content shall be determined by SCAQMD Method 303-91 (revised 1993), incorporated by reference in subsection 1.6.5.10 of this regulation . The exempt compound parachlorobenzotrifluoride (PCBTF) shall be determined by BAAQMD Method 41, incorporated by reference in subsection 1.6.5.9 of this regulation . Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be determined by BAAQMD Method 43, incorporated by reference in subsection 1.6.5.8 of this regulation .

1.6.3 Other test methods demonstrated to provide results that are acceptable for the purposes of determining compliance with subsection 1.6.2 of this regulation , after review and approval in writing by the Department and by the EPA, also may be used.

1.6.4 Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be conducted according to a modification of U.S. EPA Method 24 (40CFR59, subpart D, Appendix A), incorporated by reference in subsection 1.6.5.13 of this regulation . This method has not been approved for methacrylate multi-component coatings used for purposes other than as traffic marking coatings or for other classes of multi-component coatings.

1.6.5 The following test methods are incorporated by reference herein, and shall be used to test coatings subject to the provisions of this regulation:

1.6.5.1 The flame spread index of a fire-retardant coating shall be determined by ASTM E 84-07, "Standard Test Method for Surface Burning Characteristics of Building Materials," [see "Fire-retardant coating" in subsection 1.2 of this regulation]

1.6.5 The following test methods are incorporated by reference herein, and shall be used to test coatings subject to the provisions of this regulation:

1.6.5.2 The fire-resistance rating of a fire-resistive coating shall be determined by ASTM E119-08, "Standard Test Methods for Fire Tests on Building Construction Materials," [see "Fire-resistive coating" in subsection 1.2 of this regulation].

1.6.5.3 The gloss of a coating shall be determined by ASTM D 523-89 (1999), "Standard Test Method for Specular Gloss" [see "Flat coating"; "Non-flat coating"; "Non-flat high-gloss coating"; "Quick-dry enamel" in subsection 1.2 of this regulation].

1.6.5.4 The metallic content of a coating shall be determined by SCAQMD Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction," SCAQMD "Laboratory Methods of Analysis for Enforcement Samples," [see "Aluminum roof coating”, “Faux finishing coating, and Metallic pigmented coating" in subsection 1.2 of this regulation].

1.6.5.5 The acid content of a coating shall be determined by ASTM D 1613-06, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products," [see "Pre-treatment wash primer" in subsection 1.2 of this regulation].

1.6.5.6 The set-to-touch and dry-to-recoat times of a coating shall be determined by ASTM D 1640-95 (1999), "Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature," [see "Quick-dry enamel" and "Quick-dry primer, sealer, and undercoater" in subsection 1.2 of this regulation]

d Products," [see "Pre-treatment wash primer" in subsection 1.2 of this regulation].

1.6.5.7 The chalkiness of a surface shall be determined using ASTM D 4214-07, "Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films," [see "Specialty primer, sealer, and undercoater" in subsection 1.2 of this regulation].

1.6.5.8 Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be analyzed as exempt compounds for compliance with subsection 1.6 of this regulation by the methods referenced in ASTM D 3960-05 “Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings”, or by BAAQMD Method 43, "Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials," BAAQMD Manual of Procedures, Volume III, adopted November 6, 1996 [see subsection 1.6.2 of this regulation ].

1.6.5.9 The exempt compound parachlorobenzotrifluoride (PCBTF), shall be analyzed as an exempt compound for compliance with subsection 1.6 of this regulation by methods referenced in ASTM D 3960-05 “Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings” or by BAAQMD Method 41, "Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride," BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995, [see subsection1.6.2 of this regulation ]

ferenced in ASTM D 3960-05 “Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings” or by BAAQMD Method 41, "Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride," BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995, [see subsection1.6.2 of this regulation ].

1.6.5.10 Exempt compound content shall be analyzed for compliance with subsection 1.6 of this regulation by methods referenced in ASTM D 3960-05 ”Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings” or by SCAQMD Method 303-91 (Revised 1993), "Determination of Exempt Compounds," SCAQMD "Laboratory Methods of Analysis for Enforcement Samples," [see subsection 1.6.2 of this regulation ].

1.6.5.11 The VOC content of a coating shall be determined by U.S. EPA Method 24 as it exists in Appendix A of 40 Code of Federal Regulations (CFR) Part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings," [see subsection 1.6.2 of this regulation ].

1.6.5.12 The VOC content of coatings may be analyzed by either U.S. EPA Method 24 or SCAQMD Method 304-91 (Revised 1996), "Determination of Volatile Organic Compounds (VOC) in Various Materials," SCAQMD "Laboratory Methods of Analysis for Enforcement Samples," [see subsection 1.6.2 of this regulation ].

1.6.5.13 The VOC content of methacrylate multi-component coatings used as traffic marking coatings shall be analyzed by the procedures in 40 CFR part 59, subpart D, Appendix A , "Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings," [see subsection 1.6.4 of this regulation ]

orcement Samples," [see subsection 1.6.2 of this regulation ].

1.6.5.14 The radiation resistance of a nuclear coating shall be determined by ASTM D 4082-02 "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants," [see "Nuclear coating" in subsection 1.2 of this regulation].

1.6.5.15 The chemical resistance of nuclear coatings shall be determined by ASTM D 3912-95 (2001) "Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants," [see "Nuclear coating" in subsection 1.2 of this regulation].

1.6.5.16 The hydro static pressure for basement specialty coatings shall be determined by ASTM D 7088-04 “Standard Practice for Resistance to Hydrostatic Pressure for Coatings Used in Below Grade Applications Applied to Masonry” [see “Basement specialty coating” in subsection 1.2 of this regulation].

1.6.5.17 The hardness of tub and tile refinish coatings shall be determined by ASTM D 3363-05, “Standard Test Method for Film Hardness by Pencil Test,” [see “Tub and tile refinish coating” in subsection 1.2 of this regulation].

1.6.5.18 The abrasion resistance of tub and tile refinish coatings shall be determined with CS-17 wheels on bonderite 1000 by ASTM D 4060-07 “Standard Test Methods for Abrasion Resistance of Organic Coatings by the Taber Abraser,” [see “Tub and tile refinish coating” in subsection 1.2 of this regulation]

s by Pencil Test,” [see “Tub and tile refinish coating” in subsection 1.2 of this regulation].

1.6.5.19 The water resistance of tub and tile refinish coatings shall be determined by ASTM D 4585-99, “Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation,” and ASTM D 714-02e1 “Standard Test Method for Evaluating Degree of Blistering of Paints,” [see “Tub and tile refinish coating” in subsection 1.2 of this regulation].

1.6.5.20 The adhesion of tub and tile refinish coatings shall be determined by ASTM D 4585-99, “Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation” and ASTM D 3359-02 “Standard Test Methods for Measuring Adhesion by Tape Test,” [see “Tub and tile refinish coatings” in subsection 1.2 of this regulation.

1.6.5.21 The requirements that must be met by waterproofing membrane coatings shall be determined by ASTM C 836-06 “Standard Specification for High Solids Content, Cold Liquid-Applied Elastomeric Waterproofing Membrane for Use with Separate Wearing Course,” [see “Waterproofing membrane” in subsection 1.2 of this regulation].

1.6.5.22 The mold and mildew growth for basement specialty coatings shall be determined by ASTM D 3273-00 “Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber” and ASTM D 3274-95, “Standard Test Method for Evaluating Degree of Surface Disfigurement of Paint Films by Microbial (Fungal or Algal) Growth or Soil and Dirt Accumulation,” [see “Basement specialty coating” in subsection 1.2 of this regulation]

ll be determined by ASTM D 3273-00 “Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber” and ASTM D 3274-95, “Standard Test Method for Evaluating Degree of Surface Disfigurement of Paint Films by Microbial (Fungal or Algal) Growth or Soil and Dirt Accumulation,” [see “Basement specialty coating” in subsection 1.2 of this regulation].

1.6.5.23 The water repellency of reactive penetrating sealer and reactive penetrating carbonate stone sealer shall be determined by ASTM C 67-07, “Standard Test Methods for Sampling and Testing Brick and Structural Clay Tile”; or ASTM C 97-02, “Standard Test Methods for Absorption and Bulk Specific Gravity of Dimension Stone”; or ASTM C 140-06, “Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units,” [see “Reactive penetrating sealer” and “Reactive penetrating carbonate stone sealer” in subsection 1.2 of this regulation].

1.6.5.24 The water vapor transmission of reactive penetrating sealer and reactive penetrating carbonate stone sealer shall be determined by ASTM E 96/E 96 M-05, “Standard Test Method for Water Vapor Transmission of Materials,” [see “Reactive penetrating sealer” and “Reactive penetrating carbonate stone sealer” in subsection 1.2 of this regulation].

1.6.5.25 The chloride screening applications for reactive penetrating sealer shall meet the requirements of the National Cooperative Highway Research Report 244 (1981), “Concrete Sealers for the Protection of Bridge Structures,” [see Reactive penetrating sealer” in subsection 1.2 of this regulation].

1.6.5.26 The specification of stone consolidants shall be determined by ASTM E 2167-01, “Standard Guide for Selection and Use of Stone Consolidants,” [see “Stone consolidants’ in subsection 1.2 of this regulation

tional Cooperative Highway Research Report 244 (1981), “Concrete Sealers for the Protection of Bridge Structures,” [see Reactive penetrating sealer” in subsection 1.2 of this regulation].

1.7 Test Method Availability

1.7.1 ASTM methods described in subsection 1.6 of this regulation can be purchased from American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959. Telephone (610) 832-9585. Fax (610) 832-9555.

1.7.2 SCAQMD methods described in subsection 1.6 of this regulation can be purchased from South Coast Air Quality Management District, 21865 East Copley Drive, Diamond Bar, California 91765-0934. Telephone (909) 396-2162.

1.7.3 BAAQMD methods described in subsection 1.6 of this regulation can be purchased from Bay Area Air Quality Management District (BAAQMD), 939 Ellis Street, San Francisco, California 94109. Telephone (415) 749-4900.

TABLE 1-1

VOC CONTENT LIMITS FOR ARCHITECTURAL COATINGS

Note: Limits are expressed in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation (as indicated on the label or lid of the coating container), excluding the volume of any water, exempt compounds, or colorant added to tint bases.

* Indicates limits and definition unchanged from the Federal rule (40CFR59 Subpart D) “National Volatile Organic Compound Emission Standards for Architectural Coatings” which is still in effect.

ating thinned to the manufacturer's maximum recommendation (as indicated on the label or lid of the coating container), excluding the volume of any water, exempt compounds, or colorant added to tint bases.

* Indicates limits and definition unchanged from the Federal rule (40CFR59 Subpart D) “National Volatile Organic Compound Emission Standards for Architectural Coatings” which is still in effect.

(1) Units are grams of VOC per liter of coating, including water and exempt compounds (the VOC actual).

20 DE Reg. 465 (12/01/16)

02/11/16

2.0 Consumer Products

2.1 Applicability

2.1.1 Except as provided in 2.1.2 and 2.1.3 of this regulation, 2.0 of this regulation shall apply to any person who sells, supplies, offers for sale, or manufactures consumer products on and after the applicable compliance dates in Table 2-1 of this regulation, "VOC Content Limits for Consumer Products", for use in the State of Delaware.

2.1.2 The provisions of 2.0 of this regulation shall not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State of Delaware, a consumer product that does not comply with the VOC standards specified in 2.3.1 of this regulation, as long as the manufacturer or distributor can demonstrate both that the consumer product is intended for shipment and use outside of the State of Delaware, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to the State of Delaware. This does not apply to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in the State of Delaware

h that the consumer product is intended for shipment and use outside of the State of Delaware, and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to the State of Delaware. This does not apply to consumer products that are sold, supplied, or offered for sale by any person to retail outlets in the State of Delaware.

2.1.3 The provisions of 2.0 of this regulation shall not apply to a retailer who sells, supplies or offers for sale in the State of Delaware, a particular consumer product that does not comply with the VOC standards specified in 2.3.1 of this regulation, provided that retailer demonstrates to the satisfaction of the Department that the manufacturer or distributor of that product mislead that retailer into believing that the product did comply with the VOC standards specified in 2.3.1 of this regulation.

2.2 Definitions

Terms used but not defined in 2.0 of this regulation shall have the meaning given them in 7 DE Admin. Code 1101 or the CAA in that order of priority.

" ACP (alternative control plan) " means an emissions averaging program, established and managed by a responsible ACP party which allows manufacturers to sell ACP products in the State of Delaware pursuant to the requirements of 2.0 of this regulation.

" ACP emissions " means the sum of the VOC emissions from every ACP product subject to an ACP, during the compliance period specified in the ACP, expressed to the nearest pound of VOC and calculated according to the following equation:

where,

For all products except for charcoal lighter material products:

where,

A = net weight of unit (excluding container and packaging);

B = total weight of all VOCs per unit;

C = total weight of all exempted VOCs per unit, as specified in 2.3.11 through 2.3.19 of this regulation

specified in the ACP, expressed to the nearest pound of VOC and calculated according to the following equation:

where,

For all products except for charcoal lighter material products:

where,

A = net weight of unit (excluding container and packaging);

B = total weight of all VOCs per unit;

C = total weight of all exempted VOCs per unit, as specified in 2.3.11 through 2.3.19 of this regulation.

For charcoal lighter material products only:

where,

Certified Emissions = emission levels for products specified 2.3.4.1 of this regulation;

Certified Use Rate = see "Certified use rate" in 2.2 of this regulation.

" ACP limit " means the maximum allowable ACP emissions during the compliance period specified in an ACP, expressed to the nearest pound of VOC and calculated according to the following equation:

where,

Enforceable Sales = see "Enforceable sales" in 2.2 of this regulation

ACP Standard = see "ACP standard" in 2.2 of this regulation

1,2,...N = each product in an ACP up to the maximum N.

" ACP product " means any consumer product subject to the VOC standards specified in 2.3.1 of this regulation, except those products that have been exempted under 2.3 of this regulation, or exempted as innovative products under 2.4 of this regulation and is covered by an ACP established by the responsible ACP party.

" ACP reformulation or ACP reformulated " means the process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level which is less than the current VOC content of the product.

" ACP standard " means either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in 2.3.1 of this regulation, whichever is the lesser of the two.

" ACP VOC standard " means the maximum allowable VOC content for an ACP product, determined as follows:

(1) the applicable VOC standard specified in 2.3.1 of this regulation for all ACP products except for charcoal lighter material;

standard " means either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in 2.3.1 of this regulation, whichever is the lesser of the two.

" ACP VOC standard " means the maximum allowable VOC content for an ACP product, determined as follows:

(1) the applicable VOC standard specified in 2.3.1 of this regulation for all ACP products except for charcoal lighter material;

(2) for charcoal lighter material products only, the VOC standard for the purposes of 2.0 of this regulation shall be calculated according to the following equation:

VOC Standard = 0.020 pound CH 2 per start x 100

Certified Use Rate

where,

0.020 = the certification emissions level as specified in 2.3.1 of this regulation.

Certified Use Rate = see "Certified use rate" in 2.2 of this regulation

" Adhesive " means any product that is applied for the purpose of bonding two surfaces together other than by mechanical means. Adhesive does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate.

" Adhesive remover " means a product designed to remove adhesives from a specific or a variety of substrates. Adhesive remover does not include products that remove adhesives intended exclusively for use on humans or animals.

For the purposes of this definition and adhesive remover subcategories (1) through (4) below, the term adhesive shall mean a substance used to bond one or more materials. Adhesive includes, but is not limited to: caulks; sealants; glues; or similar substances used for the purposes of forming a bond.

(1) "Floor and wall covering adhesive remover" means a product designed or labeled to remove floor or wall coverings and associated adhesive from the underlying substrate;

1) through (4) below, the term adhesive shall mean a substance used to bond one or more materials. Adhesive includes, but is not limited to: caulks; sealants; glues; or similar substances used for the purposes of forming a bond.

(1) "Floor and wall covering adhesive remover" means a product designed or labeled to remove floor or wall coverings and associated adhesive from the underlying substrate;

(2) "Gasket or thread locking adhesive remover" means a product designed or labeled to remove gaskets or thread locking adhesives. Product labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered gasket or thread locking adhesive remover.

(3) "General purpose adhesive remover" means a product designed or labeled to remove cyanoacrylate adhesive as well as non-reactive adhesives or residue from a variety of substrates. General purpose adhesive remover includes, but is not limited to, products that remove thermoplastic adhesives; pressure sensitive adhesives; dextrine or starch-based adhesives; casein glues; rubber or latex-based adhesives; as well as products that remove stickers; decals; stencils; or similar materials. General purpose adhesive remover does not include floor or wall covering adhesive remover.

(4) "Specialty adhesive remover" means a product designed to remove reactive adhesives from a variety of substrates. Reactive adhesives include adhesives that require a hardener or catalyst in order for the bond to occur. Examples of reactive adhesives include, but are not limited to: epoxies; urethanes; silicones. Specialty adhesive remover does not include gasket or thread locking adhesive remover.

" Aerosol adhesive " means an aerosol product in which the spray mechanism is permanently housed in a non-refillable can designed for hand-held application without the need for ancillary hoses or spray equipment. Aerosol adhesives include special purpose spray adhesives, mist spray adhesives and web spray adhesives

cialty adhesive remover does not include gasket or thread locking adhesive remover.

" Aerosol cooking spray " means any aerosol product designed either to reduce sticking on cooking and baking surfaces or to be applied on food, or both.

" Aerosol product " means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product's container or by means of a mechanically induced force. Aerosol product does not include pump sprays.

" Agricultural use " means the use of any pesticide or method or device for the control of pests in connection with the commercial production, storage or processing of any animal or plant crop. Agricultural use does not include the sale or use of pesticides in properly labeled packages or containers which are intended for: (and defined for the purposes of this definition only):

(1) home use which means use in a household or its immediate environment,

(2) structural pest control which means a use requiring a license under Title 3 Del.C . Ch. 12 ,

(3) industrial use which means use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites, and

or: (and defined for the purposes of this definition only):

(1) home use which means use in a household or its immediate environment,

(2) structural pest control which means a use requiring a license under Title 3 Del.C . Ch. 12 ,

(3) industrial use which means use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites, and

(4) institutional use which means use within the lines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes.

" Air freshener " means any product including, but not limited to, sprays, wicks, wipes, diffusers, powders, and crystals, designed or labeled for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. Air freshener includes dual purpose air fresheners/disinfectant products. Air freshener does not include products that are used on the human body, products that function primarily as cleaning products as indicated on the product label, order remover/eliminator, toilet and urinal care product.

" All other carbon-containing compounds " means all other compounds which contain at least one carbon atom and are not exempt compounds or LVP-VOCs.

" All other forms " means all consumer product forms for which no form-specific VOC standard is specified. Unless specified otherwise by the applicable VOC standard, all other forms include, but are not limited to, solids, liquids, (which includes the liquid-containing or liquid-impregnanted portion of the cloth or paper wipes (towelettes)) wicks, powders, and crystals.

stals.

" Anti-microbial hand or body cleaner or soap " means a cleaner or soap designed to reduce the level of microorganisms on the skin through germicidal activity. Anti-microbial hand or body cleaner or soap includes, but is not limited to, anti-microbial hand or body washes/cleaners, food-handler hand washes, healthcare personnel hand washes, pre-operative skin preparations and surgical scrubs. Anti-microbial hand or body cleaner or soap does not include prescription drug products, antiperspirants, astringent/toner, deodorant, facial cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing detergent (including anti-microbial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, and rubbing alcohol.

" Antiperspirant " means any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to reduce perspiration in the human axilla by at least 20 percent in at least 50 percent of a target population.

" Anti-static product " means a product that is labeled to eliminate, prevent or inhibit the accumulation of static electricity. Anti-static product does not include electronic cleaner, floor polish or wax, floor coating and products that meet the definition of aerosol coating product or architectural coating.

" Architectural coating " means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

" Aromatic compound " means a carbon containing compound that contains one or more benzene or equivalent heterocyclic rings and has an initial boiling point less than or equal to 280 o C. Aromatic compound does not include compounds excluded from the definition of VOC

ral coating " means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

" Artist's solvent/thinner " means any liquid product, labeled to meet ASTM D4236-94 (March 1, 2005) Standard Practice for Labeling Art Materials for Chronic Health Hazards, and is packaged in a container equal to or less than 34 fluid ounces, labeled to reduce the viscosity of, and/or remove, art coating compositions or components.

" ASTM " means the American Society for Testing and Materials International.

" Astringent/toner " means any product not regulated as a drug by the United States Food and Drug Administration (FDA) which is applied to the skin for the purpose of cleaning or tightening pores. This category also includes clarifiers and substrate-impregnated products. This category does not include any hand, face, or body cleaner or soap product, medicated astringent/medicated toner, cold cream, lotion, or antiperspirant.

" Automotive brake cleaner " means, for products manufactured before January 1, 2017, a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

" Automotive hard paste wax " means a motor vehicle wax or polish which is:

(1) designed to protect and improve the appearance of motor vehicle painted surfaces;

(2) a solid at room temperature; and

brake cleaner " means, for products manufactured before January 1, 2017, a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

" Automotive hard paste wax " means a motor vehicle wax or polish which is:

(1) designed to protect and improve the appearance of motor vehicle painted surfaces;

(2) a solid at room temperature; and

(3) contains 0% water by formulation.

" Automotive instant detailer " means a product designed for use in a pump spray that is applied to motor vehicle painted surfaces and wiped off prior to being allowed to dry.

" Automotive rubbing or polishing compound " means a product designed primarily to remove oxidation, old paint, scratches or "swirl marks", and other defects from motor vehicle painted surfaces without leaving a protective barrier.

" Automotive wax, polish, sealant or glaze " means a product designed to seal out moisture, increase gloss, or otherwise enhance motor vehicle painted surfaces. Automotive wax, polish, sealant or glaze includes, but is not limited to, products designed for use in auto body repair shops and drive-through car washes, as well as products designed for the general public. Automotive wax, polish, sealant or glaze does not include automotive rubbing or polishing compounds, automotive wash and wax products, surfactant-containing car wash products, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic.

" Automotive windshield cleaner " means, for product manufactured on and after January 1, 2017, a product labeled and packaged as an automotive windshield cleaner in the form of a moistened towelette and is designed to be used on automobile windshields, automotive mirrors, and automotive headlights. The product must be labeled for automotive use only. Automotive windshield cleaner does not include automotive windshield washer fluid

eans, for product manufactured on and after January 1, 2017, a product labeled and packaged as an automotive windshield cleaner in the form of a moistened towelette and is designed to be used on automobile windshields, automotive mirrors, and automotive headlights. The product must be labeled for automotive use only. Automotive windshield cleaner does not include automotive windshield washer fluid.

" Automotive windshield washer fluid " means any liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield. Automotive windshield washer fluid does not include fluids placed by the manufacturer in a new vehicle.

" Bathroom and tile cleaner " means a product designed or labeled to clean tile or surfaces in bathrooms. Bathroom and tile cleaner does not include toilet/urinal care product.

“ Brake cleaner ” means, for products manufactured on or after January 1, 2017, a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

" Bug and tar remover " means a product designed to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish:

(1) biological-type residues such as insect carcasses and tree sap and,

(2) road grime, such as road tar, roadway paint markings, and asphalt.

" CARB " means the California Air Resources Board.

es such as insect carcasses and tree sap and,

(2) road grime, such as road tar, roadway paint markings, and asphalt.

" CARB " means the California Air Resources Board.

" Carburetor or fuel-injection air intake cleaners " means a product designed or labeled to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages. Carburetor or fuel-injection air intake cleaners does not include products designed or labeled exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors or products designed or labeled exclusively to be introduced during engine operation directly into air intake vacuum lines by using a pressurized sprayer wand.

" Carpet and upholstery cleaner " means a cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles and/or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. Carpet and upholstery cleaner includes, but is not limited to, products that make fabric protectant claims. Carpet and upholstery cleaner does not include general purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing.

" Certified use rate " means the usage level for charcoal lighter materials specified under 2.3.4 of this regulation, expressed to the nearest 0.001 pound of charcoal lighter materials used per start.

" Charcoal lighter material " means any combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition. Charcoal lighter material does not include any of the following: electrical starters and probes; metallic cylinders using paper tinder; natural gas; propane; and fat wood

o the nearest 0.001 pound of charcoal lighter materials used per start.

" Colorant " means any pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.

" Compliance period " means the period of time, not to exceed one year, for which the ACP limit and ACP emissions are calculated and for which compliance with the ACP limit is determined, as specified in the ACP.

" Construction, panel, and floor covering adhesive " means any non-aerosol one-component adhesive that is designed or labeled for the installation, remodeling, maintenance, or repair of:

(1) structural and building components that include, but are not limited to, beams, trusses, studs, paneling [drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated hardboard or tileboard, etc.], ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or

(2) floor or wall coverings that include, but are not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, non-resilient flooring material, mirror tiles and other types of tiles, and artificial grass.

Construction, panel, and floor covering adhesive does not include floor seam sealer.

" Consumer " means any person who purchases, or acquires any consumer product for personal, family, household, or institutional use. Persons acquiring a consumer product for resale are not consumers for that product

rial, non-resilient flooring material, mirror tiles and other types of tiles, and artificial grass.

Construction, panel, and floor covering adhesive does not include floor seam sealer.

" Consumer product " means a chemically formulated product used by household and institutional consumers including, but not limited to: antiperspirants; detergents; deodorants; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products, but does not include other paint products, furniture coatings, or architectural coatings. As used in 2.0 of this regulation, consumer products shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial and commercial uses.

" Contact adhesive " means a non-aerosol adhesive that:

(1) is designed for application to both surfaces to be bonded together;

(2) is allowed to dry before the two surfaces are placed in contact with each other;

(3) forms an immediate bond that is impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in contact with each other; and

(4) does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces.

Contact adhesive does not include rubber cements that are primarily intended for use on paper substrates. Contact adhesive also does not include vulcanizing fluids that are designed and labeled for tire repair only.

" Contact adhesive - general purpose " means any contact adhesive that is not a contact adhesive - special purpose.

" Contact adhesive - special purpose " means a contact adhesive that:

ontact adhesive does not include rubber cements that are primarily intended for use on paper substrates. Contact adhesive also does not include vulcanizing fluids that are designed and labeled for tire repair only.

" Contact adhesive - general purpose " means any contact adhesive that is not a contact adhesive - special purpose.

" Contact adhesive - special purpose " means a contact adhesive that:

(1) is used to bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high pressure laminate or wood veneer 1/16 inch thick or less in thickness to any porous or nonporous surface, and is sold in units of product, less packaging, that contains more than eight fluid ounces, or

(2) is used in automotive applications that are (a) automotive-under-the-hood applications requiring heat, oil or gasoline resistance, or (b) body-side molding, automotive weather-strip or decorative trim.

" Contact person " means a representative or representatives that has been designated by the responsible ACP party for the purpose of reporting or maintaining any information specified in the ACP.

" Container/packaging " means the part or parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes for which the product was designed or intended. Container/packaging includes any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached.

" Crawling bug insecticide " means any insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including, but not limited to, mites, silverfish or spiders. Crawling bug insecticide does not include products designed to be used exclusively on humans or animals, or any house dust mite product

phics are incorporated, etched, printed or attached.

(1) house dust mite product means a product whose label, packaging or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling arthropods, and

(2) house dust mite means mites which feed primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the order Astigmata, and the family Pyroglyphidae.

" Date-code " means the day, month and year on which the consumer product was manufactured, filled, or packaged, or a code indicating such a date.

" Delaware sales " means the sales (net pounds of product, less packaging and container, per year) in Delaware for a specified calendar year. If direct sales data for the State of Delaware are not available, sales may be estimated by prorating national or regional sales data by population.

" Deodorant " means:

(1) For products manufactured on or after January 1, 2005 and before May 1, 2009: any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration.

a by population.

" Deodorant " means:

(2) For products manufactured on or after May 1, 2009: any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze bottles, 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 and/or minimize odor. A deodorant body spray product that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a deodorant.

" Deodorant body spray " means:

(1) for products manufactured on or after January 1, 2005 and before May 1, 2009: a personal fragrance product with 20 percent or less fragrance.

(2) for products manufactured on or after May 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. A deodorant body spray product that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a deodorant.

" Device " means any instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately there from

ice " means any instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life (other than man and other than bacteria, virus, or other microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately there from.

" Disinfectant " means a product that is labeled as a disinfectant, or is labeled to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered as a disinfectant under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et seq.) and Title 3 Del.C . Ch. 12 . Products that are labeled as both a sanitizer and a disinfectant are considered disinfectants. Disinfectant does not include any of the following:

(1) products labeled solely for use on human or animals;

(2) products labeled solely for agricultural use;

(3) products labeled solely for use in swimming pools, therapeutic tubs, or hot tubs;

(4) products which are labeled to be used on heat sensitive critical or semi-critical medical devices or medical equipment surfaces;

(5) products which are pre-moistened wipes or towelettes sold exclusively to medical, convalescent, or veterinary establishments;

(6) products which are labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food; or,

;

(4) products which are labeled to be used on heat sensitive critical or semi-critical medical devices or medical equipment surfaces;

(5) products which are pre-moistened wipes or towelettes sold exclusively to medical, convalescent, or veterinary establishments;

(6) products which are labeled to be applied to food-contact surfaces and are not required to be rinsed prior to contact with food; or,

(7) products which are labeled as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet/urinal care products, metal polishes, carpet cleaners, or fabric refreshers that may also make disinfecting or anti-microbial claims on the label.

" Distributor " means any person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors.

" Double-phase aerosol air freshener " means an aerosol air freshener with the liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion.

" Dry cleaning fluid " means any non-aqueous liquid product designed and labeled exclusively for use on: fabrics which are labeled "for dry clean only", such as clothing or drapery; or S-coded fabrics. Dry cleaning fluid includes, but is not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer's residence or work place. Dry cleaning fluid does not include spot remover or carpet and upholstery cleaner. For the purposes of this definition, S-coded fabric means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee

ers and commercial businesses that clean fabrics such as draperies at the customer's residence or work place. Dry cleaning fluid does not include spot remover or carpet and upholstery cleaner. For the purposes of this definition, S-coded fabric means an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee.

" Dual purpose air freshener/disinfectant " means an aerosol product that is represented on the product container for use as both a disinfectant and an air freshener, or is so represented on any sticker, label, packaging, or literature attached to the product container.

" Dusting aid " means a product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating. Dusting aid does not include pressurized gas duster.

" Electrical cleaner " means a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armatures, relays, electric panels, or generators. Electric cleaner does not include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electrical cleaner, pressurized gas duster, engine degreaser, anti-static product or products designed to clean the casings or housings of electrical equipment.

sings or housings of electrical equipment.

" Electronic cleaner " means a product labeled for the removal of dirt, moisture, dust, flux or oxides from the internal components of electronic or precision equipment such as circuit boards, and the internal components of electronic devices, including, but not limited to, radios, compact disc (CD) players, digital video disc (DVD) players, and computers. Electronic cleaner does not include general purpose cleaner, general purpose degreaser, dusting aid, pressurized gas duster, engine degreaser, electrical cleaner, energized electrical cleaner, anti-static product, or products labeled to clean the casings or housings of electronic equipment. Electronic cleaner does not include any product that meets both of the following criteria:

(1) the product is labeled to clean and/or degrease electronic equipment, where cleaning and/or degreasing is accomplished when electrical current exists, or when there is residual electrical potential from a component; and

(2) the product label clearly displays the statement: “Energized Electronic Equipment use only”.

" Energized electrical cleaners " means a product that meets both of the following criteria:

(1) the product is labeled to clean and/or degrease electrical equipment, where cleaning and/or degreasing is accomplished when electrical current exists, or when there is residual electrical potential from a component, such as a capacitor.

displays the statement: “Energized Electronic Equipment use only”.

" Energized electrical cleaners " means a product that meets both of the following criteria:

(2) The product label clearly displays the statements: "Energized Equipment use only, Not to be used for motorized vehicle maintenance, or their parts."

Energized electrical cleaner does not include electronic cleaner.

" Enforceable sales " means the total amount of an ACP product sold for use in the State of Delaware, during the applicable compliance period specified in the ACP, as determined through enforceable sales records (expressed to the nearest pound, excluding product container and packaging).

" Enforceable sales record " means a written, point-of-sale record or any other Department-approved system of documentation from which the mass, in pounds (less product container and packaging), of an ACP product sold to the end user in the State of Delaware during the applicable compliance period can be accurately documented. For the purposes of 2.0 of this regulation, Enforceable sales records include, but are not limited to, the following types of records:

(1) accurate records of direct retail or other outlet sales to the end user during the applicable compliance period;

(2) accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period, provided that a detailed method which can be used to verify any data comprising such summaries is recorded by the responsible ACP party;

of direct retail or other outlet sales to the end user during the applicable compliance period;

(3) any other accurate product sales records approved by the Department as meeting the criteria specified in 2.2 of this regulation.

" Engine degreaser " means a cleaning product designed or labeled to remove grease, grime, oil and other contaminants from the external surfaces of engines and other mechanical parts.

" Exempt compound " means any carbon-containing compound listed as an exception to the definition of VOC's in 7 DE Admin. Code 1101 .

" Fabric protectant " means:

(1) for products manufactured before January 1, 2017, a product designed to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into the fabric's fibers. Fabric protectant does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics which are labeled "for dry clean only" and sold in containers of 10 fluid ounces or less.

(2) for products manufactured on and after January 1, 2017, a product 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 fibers. Fabric protectant does not include waterproofers, or products labeled for use solely on leather. Fabric protectant does not include pigmented products that are designed to be used primarily for coloring, products used for construction, reconstruction, modification, structural maintenance or repair of fabric substrates, or products that renew or restore fabric and qualifying as either clear coating or vinyl/fabric/leather/polycarbonate coating

rs, or products labeled for use solely on leather. Fabric protectant does not include pigmented products that are designed to be used primarily for coloring, products used for construction, reconstruction, modification, structural maintenance or repair of fabric substrates, or products that renew or restore fabric and qualifying as either clear coating or vinyl/fabric/leather/polycarbonate coating.

" Fabric refresher " means a product labeled to neutralize or eliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, clothing and/or on household furniture or objects upholstered or covered with fabrics such as, but not limited to, wool, cotton or nylon. Fabric refresher does not include anti-static product, carpet and upholstery cleaner, footwear or leather care product, spot remover, or disinfectant, or products labeled for application to both fabric and human skin.

" Facial cleaner or soap " means a cleaner or soap designed primarily to clean the face. Facial cleaner or soap includes, but is not limited to, facial cleansing creams, semisolids, liquids, lotions, and substrate-impregnated forms. Facial cleaner or soap does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

" Fat wood " means pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling. Fat wood does not include any kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.

" Flea and tick insecticide " means any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs. Flea and tick insecticide does not include products that are designed to be used exclusively on humans or animals and their bedding

not include any kindling with substances added to enhance flammability, such as wax-covered or wax-impregnated wood-based products.

" Flexible flooring material " means, for products manufactured before January 1, 2017, asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring.

" Floor coating " means an opaque coating that is labeled and designed for application to flooring, including, but not limited to, decks, porches, steps and other horizontal surfaces which may be subject to foot traffic.

" Floor polish or wax " means:

(1) for products manufactured before January 1, 2017, a wax, polish, or any other product designed to polish, protect, or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished. Floor polish or wax does not include spray buff products, products designed solely for the purpose of cleaning floors, floor finish strippers, products designed for unfinished wood floors, and coatings subject to architectural coatings regulations.

(2) for products manufactured on or after January 1, 2017, 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. Floor polish or wax does not include spray buff products, floor wax strippers, products designed or labeled for unfinished wood floors, or coatings subject to architectural coating regulations.

Floor polish or wax is divided into three categories: products for resilient flooring materials, products for nonresiliant flooring materials and wood floor wax. For the purposes of this definition:

nished. Floor polish or wax does not include spray buff products, floor wax strippers, products designed or labeled for unfinished wood floors, or coatings subject to architectural coating regulations.

Floor polish or wax is divided into three categories: products for resilient flooring materials, products for nonresiliant flooring materials and wood floor wax. For the purposes of this definition:

(a) Resiliant flooring material means flexible flooring material including but not limited to asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.

(b) Nonresiliant flooring material means flooring of a mineral content which is not flexible. Nonresiliant flooring material includes but is not limited to terrazzo, marble, slate, granite, brick, stone, ceramic tile, and concrete.

" Floor seam sealer " means any product designed and labeled exclusively for bonding, fusing, or sealing (coating) seams between adjoining rolls of installed flexible sheet flooring.

" Floor wax stripper " means a product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax. Floor wax stripper does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion.

oor wax solely through abrasion.

" Flying bug insecticide " means any insecticide product that is designed for use against flying insects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats. Flying bug insecticide does not include wasp and hornet insecticide, products that are designed to be used exclusively on humans or animals, or any moth-proofing product. For the purposes of this definition only, moth-proofing product means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods.

" Footwear or leather care product " means any product designed or labeled to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component. Footwear includes both leather and non-leather foot apparel. Footwear or leather care product does not include fabric protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric refresher, products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than 2 millimeters thick.

" Fragrance " means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of 2 mm. of Hg at 20 degrees C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.

" Furniture coating " means any paint designed for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas

natural essential oils, and other functional components with a combined vapor pressure not in excess of 2 mm. of Hg at 20 degrees C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.

" Furniture coating " means any paint designed for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas.

" Furniture maintenance product " means a wax, polish, conditioner, or any other product labeled for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors, and other furniture surfaces including but not limited to acrylics, ceramic, plastics, stone surfaces, metal surfaces, and fiberglass. Furniture maintenance product does not include dusting aids, wood cleaners and products designed solely for the purpose of cleaning, or products designed to leave a permanent finish such as stains, sanding sealers and lacquers.

" Gel " means a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, such as jelly.

" General purpose adhesive " means any non-aerosol adhesive designed for use on a variety of substrates. General purpose adhesive does not include:

(1) contact adhesives;

(2) construction, panel, and floor covering adhesives;

(3) adhesives designed exclusively for application on one specific category of substrates (i.e., substrates that are composed of similar materials, such as different types of metals, paper products, ceramics, plastics, rubbers, or vinyls); or

for use on a variety of substrates. General purpose adhesive does not include:

(1) contact adhesives;

(2) construction, panel, and floor covering adhesives;

(4) adhesives designed exclusively for use on one specific category of articles (i.e., articles that may be composed of different materials but perform a specific function, such as gaskets, automotive trim, weather-stripping, or carpets).

" General purpose cleaner " means a product labeled to clean a variety of hard surfaces, including small appliances. General purpose cleaner includes, but is not limited to, products designed or labeled for general floor cleaning, kitchen, countertop, or sink cleaning, and cleaners designed or labeled to be used on a variety of hard surfaces such as stovetops, cooktops, or microwaves.

" General purpose degreaser " means a product labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts. General purpose degreaser does not include engine degreaser, general purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, metal polish/cleanser, or oven or grill cleaner, or products used exclusively in solvent cleaning tanks or related equipment, or products that are:

(1) exclusively sold directly or through distributors to establishments which manufacture or construct goods or commodities; and

degreaser, general purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, metal polish/cleanser, or oven or grill cleaner, or products used exclusively in solvent cleaning tanks or related equipment, or products that are:

(1) exclusively sold directly or through distributors to establishments which manufacture or construct goods or commodities; and

(2) labeled exclusively for “use in the manufacturing process only”.

Solvent cleaning tanks or related equipment includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to clean miscellaneous metallic parts by immersion in a container.

" General-use hand or body cleaner or soap " means a cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils. General-use hand or body cleaner or soap includes, but is not limited to, hand or body washes, dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps. General-use hand or body cleaner or soap does not include prescription drug products, anti-microbial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent (including anti-microbial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

" Glass cleaner " means a cleaning product designed primarily for cleaning surfaces made of glass. Glass cleaner does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines.

" Graffiti remover " means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish or shoe polish, from a variety of non-cloth or non-fabric substrates. Graffiti remover does not include paint remover and stripper, nail polish remover, or spot remover

f cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines.

" Gross Delaware sales " means the estimated total State of Delaware sales of an ACP product during a specific compliance period (expressed to the nearest pound), based on either of the following methods, whichever the responsible ACP party determines will provide an accurate State of Delaware sales estimate:

(1) apportionment of national or regional sales of the ACP product to State of Delaware sales, determined by multiplying the average national or regional sales of the product by the fraction of the national or regional population, respectively, that is represented by the State of Delaware's current population; or

(2) any other documented method which provides an accurate estimate of the total current State of Delaware sales of the ACP product.

" Hair mousse " means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.

" Hair shine " means any product designed for the primary purpose of creating a shine when applied to the hair. Hair shine includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hair. Hair shine does not include hair spray, hair mousse, hair styling product, hair styling gel, or products whose primary purpose is to condition or hold the hair.

" Hair spray " means:

shine " means any product designed for the primary purpose of creating a shine when applied to the hair. Hair shine includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hair. Hair shine does not include hair spray, hair mousse, hair styling product, hair styling gel, or products whose primary purpose is to condition or hold the hair.

" Hair spray " means:

(1) for products manufactured before May 1, 2009: a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time, and

(2) for products manufactured on or after May 1, 2009: a consumer product that is applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, retain and/or finish the style of the hair for a period of time. Hair spray includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter or sparkle hairsprays that make finishing claims; and products that are both a styling and finishing product. Hair spray does not include spray products that are intended to aid in styling but do not provide finishing of a hair style. For the purposes of this definition, finish or finishing means the maintaining and/or holding of previously styled hair for a period of time and styling means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.

" Hair styling gel " means a consumer product manufactured before May 1, 2009 that is a high viscosity, often gelatinous, product that contains a resin and is designed for application to hair to aid in styling and sculpting of the hair coiffure.

is a high viscosity, often gelatinous, product that contains a resin and is designed for application to hair to aid in styling and sculpting of the hair coiffure.

" Hair styling product " means a consumer product manufactured on or after May 1, 2009, that is designed or labeled for the application to wet, damp or dry hair to aid in defining, shaping, lifting, styling, and/or sculpting of the hair. Hair styling product includes, but is not limited to, hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hair style, and leave-in volumizers, detanglers and/or conditioners that make styling claims. Hair styling product does not include hair mousse, hair shine, hair spray, or shampoos or conditioners that are rinsed from the hair prior to styling. For the purposes of this definition, finish or finishing means the maintaining and/or holding of previously styled hair for a period of time and styling means forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.

" Heavy-duty hand cleaner or soap " means a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use of water. Heavy-duty hand cleaner or soap does not include prescription drug products, anti-microbial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, medicated astringent/medicated toner or rubbing alco

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