Virginia Administrative Code
Title 9 - ENVIRONMENT
Agency 5 - STATE AIR POLLUTION CONTROL BOARD
Chapter 45 - CONSUMER AND COMMERCIAL PRODUCTS
Part II - Emission Standards
Article 4 - Emission Standards for Consumer Products Manufactured on or after August 1, 2010
Section 9VAC5-45-430 - Standard for volatile organic compounds
Universal Citation: 9 VA Admin Code 9VAC5-45-430
Current through Register Vol. 41, No. 3, September 23, 2024
A. Except as provided in 9VAC5-45-410, 9VAC5-45-440, and 9VAC5-45-450, no owner or other person shall (i) sell, supply, or offer for sale a consumer product manufactured on or after August 1, 2010, or (ii) manufacture for sale a consumer product on or after August 1, 2010, that contains volatile organic compounds in excess of the limits specified in Table 45-4A.
| TABLE 45-4A | ||||
| Product Category | Percent VOC by Weight | |||
| Adhesive Removers | ||||
| Floor or wall covering adhesive remover | 5% | |||
| Gasket or thread locking adhesive remover | 50% | |||
| General purpose adhesive remover | 20% | |||
| Specialty adhesive remover | 70% | |||
| Adhesives | ||||
| Aerosol adhesives | ||||
| Mist spray adhesive: | 65% | |||
| Web spray adhesive: | 55% | |||
| Special purpose spray adhesives | ||||
| Automotive engine compartment adhesive: | 70% | |||
| Automotive headliner adhesive: | 65% | |||
| Flexible vinyl adhesive: | 70% | |||
| Laminate repair or edgebanding adhesive: | 60% | |||
| Mounting adhesive: | 70% | |||
| Polystyrene foam adhesive: | 65% | |||
| Polyolefin adhesive: | 60% | |||
| Contact adhesives | ||||
| General purpose contact adhesive: | 55% | |||
| Special purpose contact adhesive: | 80% | |||
| Construction, panel, and floor covering adhesive: | 15% | |||
| General purpose adhesive: | 10% | |||
| Structural waterproof adhesive: | 15% | |||
| Air fresheners | ||||
| Single-phase aerosol: | 30% | |||
| Double-phase aerosol: | 25% | |||
| Liquid/Pump spray: | 18% | |||
| Solid/Semisolid: | 3% | |||
| Antiperspirants | ||||
| Aerosol: | 40% HVOC, 10% MVOC | |||
| Nonaerosol: | 0% HVOC, 0% MVOC | |||
| Anti-static product, nonaerosol: | 11% | |||
| Automotive brake cleaner: | 45% | |||
| Automotive rubbing or polishing compound: | 17% | |||
| Automotive wax, polish, sealant, or glaze | ||||
| Hard paste wax: | 45% | |||
| Instant detailer: | 3% | |||
| All other forms: | 15% | |||
| Automotive windshield washer fluid: | 35% | |||
| Bathroom and tile cleaners | ||||
| Aerosol: | 7% | |||
| All other forms: | 5% | |||
| Bug and tar remover: | 40% | |||
| Carburetor or fuel-injection air intake cleaner: | 45% | |||
| Carpet and upholstery cleaners | ||||
| Aerosol: | 7% | |||
| Nonaerosol (dilutable): | 0.1% | |||
| Nonaerosol (ready-to-use): | 3.0% | |||
| Charcoal lighter material: | See subsection E of this section. | |||
| Cooking spray, aerosol: | 18% | |||
| Deodorants | ||||
| Aerosol: | 0% HVOC, 10% MVOC | |||
| Nonaerosol: | 0% HVOC, 0% MVOC | |||
| Dusting aids | ||||
| Aerosol: | 25% | |||
| All other forms: | 7% | |||
| Electrical cleaner | 45% | |||
| Electronic cleaner | 75% | |||
| Engine degreasers | ||||
| Aerosol: | 35% | |||
| Nonaerosol: | 5% | |||
| Fabric protectant: | 60% | |||
| Fabric refreshers | ||||
| Aerosol: | 15% | |||
| Nonaerosol: | 6% | |||
| Floor polishes/Waxes | ||||
| Products for flexible flooring materials: | 7% | |||
| Products for nonresilient flooring: | 10% | |||
| Wood floor wax: | 90% | |||
| Floor wax stripper, nonaerosol: | See subsection G of this section. | |||
| 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% | |||
| General purpose cleaners | ||||
| Aerosol: | 10% | |||
| Nonaerosol: | 4% | |||
| General purpose degreasers | ||||
| Aerosol: | 50% | |||
| Nonaerosol: | 4% | |||
| Glass cleaners | ||||
| Aerosol: | 12% | |||
| Nonaerosol: | 4% | |||
| Graffiti removers | ||||
| Aerosol: | 50% | |||
| Nonaerosol: | 30% | |||
| Hair mousse: | 6% | |||
| Hair shine: | 55% | |||
| Hair spray: | 55% | |||
| Hair styling products | ||||
| Aerosol and pump spray: | 6% | |||
| All other forms: | 2% | |||
| Heavy-duty hand cleaner or soap: | 8% | |||
| Insecticides | ||||
| Crawling bug (aerosol): | 15% | |||
| Crawling bug (all other forms): | 20% | |||
| Flea and tick: | 25% | |||
| Flying bug (aerosol): | 25% | |||
| Flying bug (all other forms): | 35% | |||
| Fogger: | 45% | |||
| Lawn and garden (all other forms): | 20% | |||
| Lawn and garden (nonaerosol): | 3% | |||
| Wasp and hornet: | 40% | |||
| Laundry prewash | ||||
| Aerosol/Solid: | 22% | |||
| All other forms: | 5% | |||
| Laundry starch product: | 5% | |||
| Metal polish or cleanser: | 30% | |||
| Multipurpose lubricant (excluding solid or semi-solid products): | 50% | |||
| Nail polish remover: | 75% | |||
| Nonselective terrestrial herbicide, nonaerosol: | 3% | |||
| Oven cleaners | ||||
| Aerosol/Pump spray: | 8% | |||
| Liquid: | 5% | |||
| Paint remover or stripper: | 50% | |||
| Penetrant: | 50% | |||
| Rubber and vinyl protectants | ||||
| Nonaerosol: | 3% | |||
| Aerosol: | 10% | |||
| Sealant and caulking compound: | 4% | |||
| Shaving cream: | 5% | |||
| Shaving gel: | 7% | |||
| Silicone-based multipurpose lubricant (excluding solid or semi-solid products): | 60% | |||
| Spot removers | ||||
| Aerosol: | 25% | |||
| Nonaerosol: | 8% | |||
| Tire sealant and inflator: | 20% | |||
| Toile/urinal care products | ||||
| Aerosol: | 10% | |||
| Nonaerosol: | 3% | |||
| Undercoating, aerosol: | 40% | |||
| Wood cleaners | ||||
| Aerosol: | 17% | |||
| Nonaerosol: | 4% | |||
B. No owner or other person shall sell, supply, offer for sale, or manufacture for sale an antiperspirant or a deodorant that contains a compound that has been defined as a toxic pollutant in 9VAC5-60-210 C.
C. Provisions follow concerning products that are diluted prior to use.
1. For consumer
products for which the label, packaging, or accompanying literature
specifically states that the product should be diluted with water or non-VOC
solvent prior to use, the limits specified in Table 45-4A shall apply to the
product only after the minimum recommended dilution has taken place. For
purposes of this subsection, "minimum recommended dilution" shall not include
recommendations for incidental use of a concentrated product to deal with
limited special applications such as hard-to-remove soils or stains.
2. For consumer products for which the label,
packaging, or accompanying literature states that the product should be diluted
with a VOC solvent prior to use, the limits specified in Table 45-4A shall
apply to the product only after the maximum recommended dilution has taken
place.
D. For those consumer products that are registered under FIFRA, the effective date of the VOC standards in Table 45-4A shall be August 1, 2011. Prior to that date, the standards of Table 45-3A in 9VAC5-45-430 A shall apply unless the product is exempt under the provisions of 9VAC5-45-410.
E. The following requirements shall apply to all charcoal lighter material products:
1.
Effective as of the applicable compliance date specified in
9VAC5-45-480, no owner or other
person shall (i) sell, supply, or offer for sale a charcoal lighter material
product manufactured on or after August 1, 2010, or (ii) manufacture for sale a
charcoal lighter material product on or after August 1, 2010, unless at the
time of the transaction:
a. The manufacturer
can demonstrate to the board's satisfaction that it has been issued a currently
effective certification by CARB under the Consumer Products provisions under
Subchapter 8.5, Article 2, § 94509(h), of Title 17 of the California Code
of Regulations (see
9VAC5-20-21) . This certification
remains in effect for as long as the CARB certification remains in effect. A
manufacturer claiming such a certification on this basis must submit to the
board a copy of the certification decision (i.e., the executive order),
including all conditions established by CARB applicable to the
certification.
b. The manufacturer
or distributor of the charcoal lighter material has been issued a currently
effective certification pursuant to subdivision 2 of this subsection.
c. The charcoal lighter material meets the
formulation criteria and other conditions specified in the applicable ACP
agreement issued pursuant to subdivision 2 of this subsection.
d. The product usage directions for the
charcoal lighter material are the same as those provided to the board pursuant
to subdivision 2 c of this subsection.
2. Provisions follow concerning certification
requirements.
a. No charcoal lighter material
formulation shall be certified under this subdivision unless the applicant for
certification demonstrates to the board's satisfaction that the VOC emissions
from the ignition of charcoal with the charcoal lighter material are less than
or equal to 0.020 pound of VOC per start, using the procedures specified in the
South Coast Air Quality Management District Rule 1174 Ignition Method
Compliance Certification Protocol (see
9VAC5-20-21) . The provisions
relating to LVP-VOC in
9VAC5-45-410 F and
9VAC5-45-420 C shall not apply to a
charcoal lighter material subject to the requirements of
9VAC5-45-430 A and this
subsection.
b. The board may
approve alternative test procedures that are shown to provide equivalent
results to those obtained using the South Coast Air Quality Management District
Rule 1174 Ignition Method Compliance Certification Protocol (see
9VAC5-20-21) .
c. A manufacturer or distributor of charcoal
lighter material may apply to the board for certification of a charcoal lighter
material formulation in accordance with this subdivision. The application shall
be in writing and shall include, at a minimum, the following:
(1) The results of testing conducted pursuant
to the procedures specified in South Coast Air Quality Management District Rule
1174 Testing Protocol (see
9VAC5-20-21); and
(2) The exact text or graphics that will
appear on the charcoal lighter material's principal display panel, label, or
accompanying literature. The provided material shall clearly show the usage
directions for the product. These directions shall accurately reflect the
quantity of charcoal lighter material per pound of charcoal that was used in
the South Coast Air Quality Management District Rule 1174 Testing Protocol (see
9VAC5-20-21) for that product,
unless:
(a) The charcoal lighter material is
intended to be used in fixed amounts independent of the amount of charcoal
used, such as certain paraffin cubes, or
(b) The charcoal lighter material is already
incorporated into the charcoal, such as certain "bag light," "instant light" or
"match light" products.
(3) For a charcoal lighter material that
meets the criteria specified in subdivision 2 c (2) (a) of this subsection, the
usage instructions provided to the board will accurately reflect the quantity
of charcoal lighter material used in the South Coast Air Quality Management
District Rule 1174 Testing Protocol (see
9VAC5-20-21) for that
product.
(4) Physical property
data, formulation data, or other information required by the board for use in
determining when a product modification has occurred and for use in determining
compliance with the conditions specified on the ACP agreement issued pursuant
to subdivision 2 e of this subsection.
d. Within 30 days of receipt of an
application, the board will advise the applicant in writing either that it is
complete or that specified additional information is required to make it
complete. Within 30 days of receipt of additional information, the board will
advise the applicant in writing either that the application is complete, or
that specified additional information or testing is still required before it
can be deemed complete.
e. If the
board finds that an application meets the requirements of subdivision 2 of this
subsection, then an ACP agreement shall be issued certifying the charcoal
lighter material formulation and specifying such conditions as are necessary to
insure that the requirements of this subsection are met. The board will act on
a complete application within 90 days after the application is deemed
complete.
3. For
charcoal lighter material for which certification has been granted pursuant to
subdivision 2 of this subsection, the applicant for certification shall notify
the board in writing within 30 days of:
(i) a
change in the usage directions, or
(ii) a change in product formulation, test
results, or other information submitted pursuant to subdivision 2 of this
subsection that may result in VOC emissions greater than 0.020 pound of VOC per
start.
4. If the board
determines that a certified charcoal lighter material formulation results in
VOC emissions from the ignition of charcoal that are greater than 0.020 pound
of VOC per start, as determined by the South Coast Air Quality Management
District Rule 1174 Testing Protocol (see
9VAC5-20-21) and the statistical
analysis procedures contained therein, the board will revoke or modify the
certification as is necessary to assure that the charcoal lighter material will
result in VOC emissions of less than or equal to 0.020 pound of VOC per
start.
F. Provisions follow concerning aerosol adhesives.
1. The
standards for aerosol adhesives apply to all uses of aerosol adhesives,
including consumer, industrial, and commercial uses. Except as otherwise
provided in
9VAC5-45-410 and
9VAC5-45-450, no owner or other
person shall (i) sell, supply, offer for sale, or use an aerosol adhesive
manufactured on or after August 1, 2010, or (ii) manufacture for sale an
aerosol adhesive on or after August 1, 2010, that contains VOCs in excess of
the specified standard.
2.
a. In order to qualify as a "special purpose
spray adhesive," the product must meet one or more of the definitions for
special purpose spray adhesive specified in
9VAC5-45-420 C, but if the product
label indicates that the product is suitable for use on a substrate or
application not listed in
9VAC5-45-420 C, then the product
shall be classified as either a "web spray adhesive" or a "mist spray
adhesive."
b. If a product meets
more than one of the definitions specified in
9VAC5-45-420 C for "special purpose
spray adhesive," and is not classified as a "web spray adhesive" or "mist spray
adhesive" under subdivision 2 a of this subsection, then the VOC limit for the
product shall be the lowest applicable VOC limit specified in
9VAC5-45-430 A.
3. No person shall (i) sell,
supply, or offer for sale an aerosol adhesive manufactured on or after August
1, 2010, or (ii) manufacture for sale on or after August 1, 2010, an aerosol
adhesive, that contains any of the following compounds: methylene chloride,
perchloroethylene, or trichloroethylene.
4. All aerosol adhesives must comply with the
labeling requirements specified in
9VAC5-45-460 D.
G. Effective as of the applicable compliance date specified in 9VAC5-45-480, no owner or other person shall sell, supply, offer for sale, or manufacture for use a floor wax stripper unless the following requirements are met:
1. The label of each nonaerosol floor wax
stripper must specify a dilution ratio for light or medium build-up of polish
that results in an as-used VOC concentration of 3.0% by weight or
less.
2. If a nonaerosol floor wax
stripper is also intended to be used for removal of heavy build-up of polish,
the label of that floor wax stripper must specify a dilution ratio for heavy
build-up of polish that results in an as-used VOC concentration of 12% by
weight or less.
3. The terms "light
build-up," "medium build-up," or "heavy build-up" are not specifically required
as long as comparable terminology is used.
H. For a consumer product for which standards are specified under subsection A of this section, no owner or other person shall sell, supply, offer for sale, or manufacture for sale a consumer product that contains any of the following ozone-depleting compounds:
CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane);
CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane);
CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane);
CFC-115 (chloropentafluoroethane), halon 1211 (bromochlorodifluoromethane);
halon 1301 (bromotrifluoromethane), halon 2402 (dibromotetrafluoroethane);
HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane);
HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane);
HCFC-141b (1,1-dichloro-1-fluoroethane), HCFC-142b (1-chloro-1,1-difluoroethane);
1,1,1-trichloroethane; or
carbon tetrachloride.
I. The requirements of subsection H of this section shall not apply to an existing product formulation that complies with Table 45-4A or an existing product formulation that is reformulated to meet Table 45-4A, provided the ozone-depleting compound content of the reformulated product does not increase.
J. The requirements of subsection H of this section shall not apply to ozone-depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.
Statutory Authority
§ 10.1-1308 of the Code of Virginia.
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