Sec. 235-2.1. Definitions

For the purpose of this Part, the following definitions apply:

(a) ACP agreement means the document signed by the director, Division of Air Resources, Department of Environmental Conservation which includes the conditions and requirements of the ACP, and which allows manufacturers to sell ACP products in the State of New York pursuant to the requirements of this Part.

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

ACP Emissions = (Emissions)₁ + (Emissions)₂ +... + (Emissions)_N

where,

Emissions = ^{(VOC Content) × (Enforceable Sales)}/₁₀₀

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

ACP Limit = (Limit)₁ + (Limit)₂ + ... + (Limit)_N

where,

Limit = ^{(ACP Standard) × (Enforceable Sales)}/₁₀₀

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

(d) ACP product means any consumer product subject to the VOC content limits specified in the table of standards in section 235-3.1(a) of this Part, except those products that have been exempted under Subpart 235-4 of this Part, or exempted as innovative products under Subpart 235-5 of this Part.

(e) 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.

(f) ACP standard means either the ACP product's pre-ACP VOC content or the applicable VOC content limit as specified in the Table of Standards in section 235-3.1(a) of this Part, whichever is the lesser of the two.

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

(1) the applicable VOC standard specified in the table of standards in section 235-3.1(a) of this Part, except for charcoal lighter material; and

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

VOC Standard = (0.020 pound_CH2 per start x 100) ÷ Certified Use Rate

where,

0.020 = the certification emissions level for the New York State approved product, as specified in section 235-3.1(f)(2)(i) of this Part, and

Certified Use Rate = the usage level for products approved by the director, Division of Air Resources, Department of Environmental Conservation under section 235-3.1(f) of this Part, as determined pursuant to South Coast Air Quality Management District, Rule 1174, Ignition Method Compliance Certification Protocol (Feb. 28, 1991) (see Table 1, section 200.9 of this Title), expressed to the nearest 0.001 pound certified product used per start.

(h) Adhesive means any product that is used to bond one surface to another by attachment. 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. For construction, panel, and floor covering adhesive and general purpose adhesive only, adhesive also does not include units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. In addition, for contact adhesive only, adhesive also does not include units of product, less packaging, which consist of more than one gallon. These package size limitations do not apply to aerosol adhesives.

(i) Adhesive remover means a product designed to remove adhesive from either a specific substrate or a variety of substrates. Adhesive remover does not include products that remove adhesives intended exclusively for use on humans or animals. For purposes of this definition and the definitions in paragraphs (1) through (4) of this subdivision, 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 purpose of forming a bond.

(1) Floor and wall covering adhesive remover means a product which is designed or labeled for use in removing floor or wall coverings and associated adhesive from the underlying substrate.

(2) Gasket or thread locking adhesive remover means a product which is designed or labeled for use in removing gaskets or thread locking adhesives. Products 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 for use in removing cyanoacrylate adhesives 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) Speciality 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; and silicones. Specialty adhesive remover does not include gasket or thread locking adhesive remover.

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

(k) 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.

(l) 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 spray.

(m) 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:

(1) home use;

(2) use in structural pest control;

(3) industrial; (or)

(4) institutional use. For the purposes of this definition only:

(i) home use means use in a household or its immediate environment;

(ii) structural pest control means a use requiring a license under Part 325 of this Title;

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

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

(n) Air freshener means any consumer product including, but not limited to, sprays, wicks, powders, and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. Air freshener does not include products that are used on the human body, products that function primarily as cleaning products, as indicated on a product label, “toilet/urinal care products,” disinfectant products claiming to deodorize by killing germs on surfaces, or institutional/industrial disinfectants when offered for sale solely through institutional and industrial channels of distribution. Air freshener does include spray disinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrial channels of distribution. To determine whether a product is an air freshener, all verbal and visual representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The presence of, and representations about, a product's fragrance and ability to deodorize (resulting from surface application) shall not constitute a claim of air freshening.

(o) All other carbon-containing compounds means all other compounds which contain at least one carbon atom and are not a Table B compound or a LVP-VOC.

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

(q) Alternative control plan or ACP means any emissions averaging program approved by the director, Division of Air Resources, Department of Environmental Conservation pursuant to the provisions of this Part.

(r) Antimicrobial hand or body cleaner or soap means a cleaner or soap which is designed to reduce the level of microorganisms on the skin through germicidal activity. Antimicrobial hand or body cleaner or soap includes, but is not limited to:

(1) antimicrobial hand or body washes/cleaners;

(2) foodhandler hand washes;

(3) healthcare personnel hand washes;

(4) pre-operative skin preparations; and

(5) surgical scrubs.

Antimicrobial 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 antimicrobial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, and rubbing alcohol.

(s) 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.

(t) Anti-static product means a product that is labeled for use in eliminating, preventing, or inhibiting 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.

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

(v) Aromatic compound means, for products manufactured on or after January 1, 2022, 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°C. Aromatic compound does not include compounds excluded from the definition of VOC in this section.

(w) Artist’s solvent/thinner means, for products manufactured on or after January 1, 2022, any liquid product, labeled to meet ASTM D4236 – 94 (March 1, 2005) Standard Practice for Labeling Art Materials for Chronic Health Hazards (see Table 1, section 200.9 of this Title), packaged in a container equal to or less than 34 fluid ounces, and labeled to reduce the viscosity of, and or remove, art coating compositions or components.

(x) ASTM means ASTM International, formerly known as the American Society for Testing and Materials.

(y) 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.

(z) Automotive brake cleaner means a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms. Automotive brake cleaner is also known as brake cleaner.

(aa) Automotive hard paste wax means an automotive wax or polish which is:

(1) designed to protect and improve the appearance of automotive paint surfaces;

(2) a solid at room temperature; and

(3) contains zero percent water by formulation.

(ab) Automotive instant detailer means a product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped off prior to the product being allowed to dry.

(ac) Automotive rubbing or polishing compound means a product designed primarily to remove oxidation, old paint, scratches or swirl marks, and other defects from the painted surfaces of motor vehicles without leaving a protective barrier.

(ad) Automotive wax, polish, sealant or glaze means a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle's painted surfaces. Automotive wax, polish, sealant or glaze includes, but is not limited to, products designed for use in autobody 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.

(ae) Automotive windshield cleaner means, for products manufactured on or after January 1, 2022, a product labeled and packaged as an automotive windshield cleaner in the form of a moistened towelette and designed to be used on automotive 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.

(af) Automotive windshield cleaner means, for products manufactured on or after January 1, 2022, a product labeled and packaged as an automotive windshield cleaner in the form of a moistened towelette and designed to be used on automotive 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.

(ag) Bathroom and tile cleaner means a product designed or labeled to clean tile or surfaces in bathrooms. Bathroom and tile cleaner does not include products primarily designed to clean toilet bowls, toilet tanks or urinals.

(ah) Bug and tar remover means a product labeled for use in the removal of one 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.

(ai) CARB means the California Air Resources Board.

(aj) Carburetor or fuel-injection air intake cleaners means a product designed 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 vacuum lines by using a pressurized sprayer wand.

(ak) 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.

(al) 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:

(1) electrical starters and probes;

(2) metallic cylinders using paper tinder;

(3) natural gas;

(4) propane; and

(5) fat wood.

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

(an) 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 agreement approving an ACP.

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

(1) structural and building components that include, but are not limited to, beam, 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, counter tops or counter top laminates, cove or wall bases, and flooring or sub flooring; 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, nonresilient flooring material, mirror tiles and other types of tiles, and artificial grass. Construction, panel, and floor covering adhesive does not include floor seam sealer.

(ap) 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.

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

(ar) Contact adhesive means a non-aerosol adhesive that:

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

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

(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 use for tire repair only.

(as) Contact adhesive - general purpose means any contact adhesive that is not a contact adhesive – special purpose.

(at) 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 or less in thickness to any porous or nonporous surface, and is sold in units of product, less packaging, that contain more than eight fluid ounces; or

(2) is used in automotive applications that are:

(i) automotive under the hood applications requiring heat, oil or gasoline resistance; or

(ii) body-side molding, automotive weatherstrip or decorative trim.

(au) 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.

(av) Contact person means a representative(s) that has been designated by the responsible ACP party for the purpose of reporting or maintaining any information specified in the ACP agreement approving an ACP.

(aw) Crawling bug insecticide means any insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including, but not limited to, mites, silverfish or spiders. Crawling bug insecticide does not include products designed to be used exclusively on humans or animals, or any house dust mite product. For the purposes of this definition only:

(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.

(ax) 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.

(ay) Deodorant means 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 or applied to the human axilla, is a deodorant.

(az) Deodorant body spray means 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.

(ba) 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 bacterium, virus, or another microorganism on or in living man or other living animals); but not including equipment used for the application of pesticides when sold separately therefrom.

(bb) Disinfectant means any product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. 136, et. seq.) (see Table 1, section 200.9 of this Title). Disinfectant does not include any of the following:

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

(2) products designed for agricultural use;

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

(4) products which, as indicated on the principal display panel or label, are designed primarily for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes;

(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 cleaner, general purpose cleaner, glass cleaner, toilet/urinal care product, metal polish/cleanser, carpet and upholstery cleaner, or fabric refresher that may also make disinfecting or anti-microbial claims on the label.

(bc) 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.

(bd) 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.

(be) Dry cleaning fluid means any non-aqueous liquid product designed and labeled exclusively for use on:

(1) fabrics which are labeled for use for dry clean only, such as clothing or drapery; or

(2) 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.

(bf) Dual purpose air freshener/disinfectant means, for products manufactured on or after January 1, 2022, 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.

(bg) 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.

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

(bi) Electronic cleaner means a product labeled for use 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 designed to clean the casings or housings of electronic equipment. Electronic cleaner does not include any product that meets 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 a residual electrical potential from a component; and

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

(bj) Energized electrical cleaner means a product that meets both of the following criteria:

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

(2) the product label clearly displays the following language: “Energized Equipment use only. Not to be used for motorized vehicle maintenance, or their parts.”

Energized Electrical Cleaner does not include electronic cleaner.

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

(bl) Enforceable sales record means a written, point-of-sale record or any other system of documentation approved by the director, Division of Air Resources, Department of Environmental Conservation from which the mass, in pounds (less product container and packaging), of an ACP product sold to the end user in the State of New York during the applicable compliance period can be accurately documented. For the purposes of this Part, 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 submitted by the responsible ACP party and approved by the director, Division of Air Resources, Department of Environmental Conservation; and

(3) any other accurate product sales records approved by the director, Division of Air Resources, Department of Environmental Conservation as meeting the criteria specified in this Subpart.

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

(bn) Existing product means any formulation of the same product category and form sold, supplied, manufactured, or offered for sale in the State of New York prior to January 1, 2010, or any subsequently introduced identical formulation.

(bo) Fabric protectant means 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 qualifying as either “clear coating” or “vinyl/fabric/leather/polycarbonate coating.”

(bp) Fabric refresher means a product labeled for use 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, soft household surface sanitizers, footwear or leather care product, spot remover, or disinfectant, or products labeled for use for application to both fabric and human skin. For the purposes of this definition only, soft household surface sanitizer means a product labeled for use to neutralize or eliminate odors on surfaces listed above whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA, 7 U.S.C. 136 et. seq.) (see Table 1, section 200.9 of this Title).

(bq) 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, semi-solids, 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.

(br) 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.

(bs) 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.

(bt) Flexible flooring material means asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring.

(bu) Floor coating means an opaque coating that is labeled for use 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.

(bv) Floor polish or wax means 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 Part 205 of this Title. Floor polish or wax is divided into three categories: products for resilient flooring materials, products for nonresilient flooring materials, and wood floor wax. For the purposes of this section:

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

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

(3) Wood floor wax means wax-based products designed for use solely on wood floors.

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

(bx) 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.

(by) 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.

(bz) Footwear or leather care product means any product designed or labeled for use to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component. Footwear includes both leather and non-leather 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 two millimeters thick.

(ca) 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 two millimeters of mercury (mm Hg) at 20°C, the sole purpose of which is to impart an odor or scent, or to counteract a malodor.

(cb) Furniture maintenance product means a wax, polish, conditioner, or any other product designed or 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, and products designed to leave a permanent finish such as stains, sanding sealers and lacquers.

(cc) 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.

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

(ce) 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

(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).

(cf) General purpose cleaner means a product designed or labeled for general all-purpose cleaning on 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, and does not include general purpose degreasers and electronic cleaners.

(cg) General purpose degreaser means any product labeled for use 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, 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.

(ch) 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, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent (including antimicrobial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

(ci) 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.

(cj) Graffiti remover means a product labeled for use 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 or stripper, or spot remover. Products labeled for dual use as both a paint stripper and graffiti remover are considered graffiti removers.

(ck) Gross New York State sales means the estimated total New York State 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 demonstrates to the satisfaction of the director, Division of Air Resources, Department of Environmental Conservation will provide an accurate New York State sales estimate:

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

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

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

(cm) 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.

(cn) Hair styling gel means a consumer product manufactured before January 1, 2010, that is a high viscosity, often gelatinous, product that contains a resin and is designed for the application to hair to aid in styling and sculpting of the hair coiffure.

(co) Hair spray means a consumer product that is applied to styled hair, and is designed or labeled for use 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 hairstyle. Finish or finishing means the maintaining and/or holding of previously styled hair for a period of time. For the purposes of this Subchapter, styling means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.

(cp) Hair styling product means a consumer product that is designed or labeled for use 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, crème, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hairstyle, and leave-in volumizers, detanglers and/or conditioners that make styling claims. Hair styling product does not include hair mousse, hair shine, hair spray, or shampoos and/or conditioners that are rinsed from the hair prior to styling. Finish or finishing means the maintaining and/or holding of previously styled hair for a period of time. Styling means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape.

(cq) 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, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, general-use hand or body cleaner or soap, medicated astringent/medicated toner or rubbing alcohol.

(cr) Herbicide means a pesticide product designed to kill or retard a plant's growth, but excludes products that are:

(1) for agricultural use; or

(2) restricted materials that require a permit for use and possession.

(cs) High temperature coating means, for products manufactured on or after January 1, 2022, a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).

(ct) High volatility organic compound (HVOC) means any VOC that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20°C.

(cu) Household product means any consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings.

(cv) Industrial maintenance coating means, for products manufactured on or after January 1, 2022, a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats formulated for application to substrates, including floors, exposed to one or more of the following extreme environmental conditions listed in this subdivision and labeled “For industrial use only,” “For professional use only,” “Not for residential use,” or “Not intended for residential use”:

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

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

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

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

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

(cw) Insecticide means a pesticide product that is designed for use against insects or other arthropods, but excluding products that are:

(1) for agricultural use;

(2) for a use which requires a structural pest control license under Part 325 of this Title; or

(3) restricted materials that require a permit for use and possession.

(cx) Insecticide fogger means any insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application.

(cy) Institutional product or industrial and institutional (i&i) product means a consumer product that is designed for use in the maintenance or operation of an establishment that:

(1) manufactures, transports, or sells goods or commodities, or provides services for profit; or

(2) is engaged in the nonprofit promotion of a particular public, educational, or charitable cause.

Establishments include, but are not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies. Institutional product does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment.

(cz) Label means any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of branding, identifying, or giving information with respect to the product or to the contents of the package.

(da) Laundry prewash means a product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness of laundry detergents and/or provides specialized performance.

(db) Laundry starch/sizing/fabric finish product means a product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease ironing of the fabric. Laundry starch/sizing/fabric finish product includes, but is not limited to, fabric finish, sizing, and starch.

(dc) Lawn and garden insecticide means an insecticide product labeled for use primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithstanding the requirements of section 235-6.1(c) of this Part, aerosol lawn and garden insecticide may claim to kill insects or other arthropods.

(dd) Liquid means a substance or mixture of substances which is capable of a visually detectable flow as determined under ASTM D 4359-90 (2000)el (see Table 1, section 200.9 of this Title). Liquid does not include powders or other materials that are composed entirely of solid particles.

(de) Lubricant means a product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms. Lubricant does not include automotive power steering fluids; products for use inside power generating motors, engines, and turbines, and their associated power-transfer gearboxes; two cycle oils or other products designed to be added to fuels; products for use on the human body or animals 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”.

(df) LVP content means the total weight, in pounds, of LVP compounds in an ACP product multiplied by 100 and divided by the product's total net weight (in pounds, excluding container and packaging), expressed to the nearest 0.1.

(dg) LVP-VOC means a chemical compound or mixture that contains at least one carbon atom and meets one of the following:

(1) has a vapor pressure less than 0.1 mm Hg at 20°C, as determined by CARB Method 310 (see Table 1, section 200.9 of this Title); or

(2) is a chemical compound with more than 12 carbon atoms, or a chemical mixture comprised solely of compounds with more than 12 carbon atoms as verified by formulation data, and the vapor pressure and boiling point are unknown; or

(3) is a chemical compound with a boiling point greater than 216°C, as determined by CARB Method 310 (see Table 1, section 200.9 of this Title); or

(4) is the weight percent of a chemical mixture that boils above 216°C, as determined by CARB Method 310 (see Table 1, section 200.9 of this Title).

For the purposes of the definition of LVP-VOC: chemical compound means a molecule of definite chemical formula and isomeric structure; and chemical mixture means a substance comprised of two or more chemical compounds.

(dh) Manufacturer means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product.

(di) Medicated astringent/medicated toner means any product 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. Medicated astringent/medicated toner includes, but is not limited to, clarifiers and substrate-impregnated products. Medicated astringent/medicated toner does not include hand, face, or body cleaner or soap products, astringent/toner, cold cream, lotion, antiperspirants, or products that must be purchased with a doctor's prescription.

(dj) Medium volatility organic compound (MVOC) means any VOC that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20°C.

(dk) Metal polish/cleanser means any product designed primarily to improve the appearance of finished metal, metallic, or metallized surfaces by physical or chemical action. To improve the appearance means to remove or reduce stains, impurities, or oxidation from surfaces or to make surfaces smooth and shiny. Metal polish/cleanser includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals. Metal polish/cleanser does not include automotive wax, polish, sealant or glaze, wheel cleaner, paint remover or stripper, products designed and labeled for use exclusively for automotive and marine detailing, or products designed for use in degreasing tanks.

(dl) Missing data days means the number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sales or VOC content data to the director, Division of Air Resources, Department of Environmental Conservation, as specified in the ACP agreement approving an ACP.

(dm) Mist spray adhesive means any aerosol adhesive which is not a special purpose spray adhesive and which delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate.

(dn) Multi-purpose dry lubricant means any lubricant which is:

(1) designed and labeled for use to provide lubricity by depositing a thin film of graphite, molybdenum disulfide (moly), or polytetrafluoroethylene or closely related fluoropolymer (teflon) on surfaces; and

(2) designed for general purpose lubrication, or for use in a wide variety of applications.

(do) Multi-purpose lubricant means any lubricant designed for general purpose lubrication, or for use in a wide variety of applications. Multi-purpose lubricant does not include multi-purpose dry lubricants, penetrants, or silicone-based multi-purpose lubricants.

(dp) Multi-purpose solvent means:

(1) For products manufactured before January 1, 2022: any organic liquid designed to be used for a variety of purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving other organic materials. Multi-purpose solvent includes solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories. Multi-purpose solvent does not include solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively in the manufacture or construction of, the goods or commodities at the site of the establishment.

(2) For products manufactured on or after January 1, 2022: any liquid product designed or labeled to be used for dispersing, dissolving, or removing contaminants or other organic materials. Multi-purpose solvent also includes:

(i) products that do not display specific use instructions on the product container or packaging;

(ii) products that do not specify an end-use function or application on the product container or packaging;

(iii) solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific, or other laboratories;

(iv) paint clean-up products; and

(v) products labeled to prepare surfaces for painting.

(3) For the purposes of this definition only, for products manufactured on or after January 1, 2022, ‘paint clean-up’ means any liquid product labeled for cleaning oil-based or water-based paint, lacquer, varnish, or related coatings from, but not limited to, painting equipment or tools, plastics, or metals.

(4) For the purposes of this definition only, for products manufactured on or after January 1, 2022, multi-purpose solvent does not include:

(i) solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines;

(ii) solvents labeled exclusively for the clean-up of application equipment used for polyaspartic and polyurea coatings;

(iii) solvents that are incorporated into, or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment;

(iv) products that are labeled exclusively to clean a specific contaminant, on a single substrate, in specific situations; or

(v) any product making any representation that the product may be used as, or is suitable for use as, a consumer product which qualifies under another definition in this section; such products are not multi-purpose solvents and are subject to the most restrictive limit provision of section 235-6.1(c) of this Title.

(dq) Nail polish means any clear or colored coating designed for application to the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, base coats and top coats.

(dr) Nail polish remover means a product designed to remove nail polish and coatings from fingernails or toenails.

(ds) New York State sales means the sales (net pounds of product, less packaging and container, per year) in the State of New York for either the calendar year immediately prior to the year that the registration is due or, if that data is not available, any consecutive 12-month period commencing no earlier than two years prior to the due date of the registration. If direct sales data for the State of New York is not available, sales may be estimated by prorating national or regional sales data by population.

(dt) Non-aerosol product means any consumer product that is not dispensed by a pressurized spray system.

(du) Non-carbon containing compound means any compound which does not contain any carbon atoms.

(dv) Nonresilient flooring means:

(1) for products manufactured before January 1, 2022, flooring of a mineral content which is not flexible. Nonresilient flooring includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete;

(2) for products manufactured on or after January 1, 2022, products formerly subject to this definition are subject to the provisions of the floor polish or wax category as defined in subdivision (bv) of this section.

(dw) Non-selective terrestrial herbicide means a terrestrial herbicide product that is toxic to plants without regard to species.

(dx) One-product business means a responsible ACP party which sells, supplies, offers for sale, or manufactures for use in the State of New York:

(1) only one distinct ACP product, sold under one product brand name, which is subject to the requirements of Subpart 235-3 of this Part; or

(2) only one distinct ACP product line subject to the requirements of Subpart 235-3 of this Part, in which all the ACP products belong to the same product category(ies) and the VOC contents in the products are within 98 percent and 102 percent of the arithmetic mean of the VOC contents over the entire product line.

(dy) Oven or grill cleaner means a product labeled exclusively to remove baked on greases and/or deposits from food preparation and/or food cooking surfaces. A product that is labeled as an oven or grill cleaner that makes claims that it is suitable for degreasing other hard surfaces is a general purpose degreaser. A product that is labeled as an oven or grill cleaner that makes claims that it is suitable for cleaning other hard surfaces is a general purpose cleaner.

(dz) Paint means any pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.

(ea) Paint remover or stripper means any product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate. Paint remover or stripper does not include multi-purpose solvents, paint brush cleaners, products designed and labeled for use exclusively as graffiti removers, and hand cleaner products that claim to remove paints and other related coatings from skin.

(eb) Paint thinner means, for products manufactured on or after January 1, 2022, any liquid product used for reducing the viscosity of coating compositions or components that prominently displays the term paint thinner, lacquer thinner, thinner, or reducer on the front panel of its packaging. Paint thinner does not include any of the following products:

(1) artist’s solvent/thinner;

(2) products that are sold in containers with a capacity of five gallons or more and labeled exclusively for the thinning of industrial maintenance coatings, zinc-rich primers, or high temperature coatings;

(3) products labeled and used exclusively as an ingredient in a specific coating or coating brand line, whereby the coating would not be complete or useable without the specific ingredient;

(4) products that meet both of the following criteria:

(i) the principle display panel of the product displays, in a font size as large as, or larger than, the font size of all other words on the panel (not including the font size used for the company name, brand name, or logo), language that the product is to be used exclusively for the thinning of industrial maintenance coatings, zinc-rich primers, or high temperature coatings; and

(ii) no representation is made anywhere on the product container or packaging, or any label or sticker attached thereto, that the product is suitable for use or may be used for any other purpose except the thinning of industrial maintenance coatings, zinc-rich primers, or high temperature coatings.

(ec) Penetrant means a lubricant designed and labeled for use primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes. Penetrant does not include multi-purpose lubricants that claim to have penetrating qualities, but are not labeled for use primarily to loosen bonded parts.

(ed) Personal fragrance product means any product which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including cologne, perfume, aftershave, and toilet water. Personal fragrance product does not include:

(1) deodorant;

(2) medicated products designed primarily to alleviate fungal or bacteria growth on feet or other areas of the body;

(3) mouthwashes, breath fresheners and deodorizes;

(4) lotions, moisturizers, powders or other skin care products used primarily to alleviate skin conditions such as dryness and irritations;

(5) products designed exclusively for use on human genitalia;

(6) soaps, shampoos, and products primarily to clean the human body; and

(7) fragrance products designed to be used exclusively on non-human animals.

(ee) Pesticide means and includes any substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture of substances labeled, designed, or intended for use as a defoliant, desiccant, or plant regulator, provided that the term pesticide will not include any substance, mixture of substances, or device which the United States Environmental Protection Agency does not consider to be a pesticide.

(ef) Pre-ACP VOC content means the lowest VOC content of an ACP product between January 1, 1990 and the date on which the application for a proposed ACP is submitted to the director, Division of Air Resources, Department of Environmental Conservation, based on either the data on the product obtained from the March 12, 1991 CARB Consumer Products Survey, or other accurate records available to the director, Division of Air Resources, Department of Environmental Conservation, whichever yields the lowest VOC content for the product.

(eg) Pressurized gas duster means a pressurized product labeled for use to remove dust from a surface solely by means of mass air or gas flow, including surfaces such as photographs, photographic film negatives, computer keyboards, and other types of surfaces that cannot be cleaned with solvents. Pressurized gas duster does not include dusting aid.

(eh) Principal display panel or panels means that part, or those parts of a label that are so designed as to most likely be displayed, presented, shown or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the principal display panel shall pertain to all such principal display panels.

(ei) Product brand name means the name of the product exactly as it appears on the principal display panel of the product.

(ej) Product category means the applicable category which best describes the product as listed in this Subpart and in the Table of Standards in section 235-3.1(a) of this Part.

(ek) Product form means for the purpose of complying with section 235-7.1(a)(5) and (d)(2)(iii) of this Part only, the applicable form which most accurately describes the product's dispensing form as follows:

(1) A = Aerosol product;

(2) S = Solid;

(3) P = Pump spray;

(4) L = Liquid;

(5) SS = Semisolid; and

(6) O = Other.

(el) Product line means a group of products of identical form and function belonging to the same product category(ies).

(em) Propellant means a liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or any other material from the same self-pressurized container or from a separate container.

(en) Pump spray means a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuator.

(eo) Reconcile or reconciliation means to provide sufficient VOC emission reductions to completely offset any shortfalls generated under the ACP during an applicable compliance period.

(ep) Reconciliation of shortfalls plan means the plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the director, Division of Air Resources, Department of Environmental Conservation pursuant to section 235-11.1(c)(1)(vii)(j) of this Part.

(eq) Responsible party means the company, firm or establishment which is listed on the product's label. If the label lists two companies, firms or establishments, the responsible party is the party which the product was manufactured for or distributed by, as noted on the label.

(er) Responsible ACP party means the company, firm or establishment which is listed on the ACP product's label. If the label lists two or more companies, firms, or establishments, the responsible ACP party is the party which the ACP product was manufactured for or distributed by, as noted on the label.

(es) Restricted materials means pesticides established as restricted materials under applicable Part 325 of this Title.

(et) Retailer means any person who sells, supplies, or offers consumer products for sale directly to consumers.

(eu) Retail outlet means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers.

(ev) Roll-on product means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.

(ew) Rubber/vinyl protectant means:

(1) For products manufactured before January 1, 2022: any product designed to protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products such as vinyl covers, clothing, and accessories. Rubber/vinyl protectant does not include products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance-enhancing or protective substance on the tire.

(2) For products manufactured on or after January 1, 2022, any product labeled to protect, preserve or renew vinyl or rubber on vehicles, tires, luggage, furniture, and/or household products such as vinyl covers, clothing, and accessories. Rubber/vinyl protectant does not include: products labeled to clean the wheel rim, such as aluminum or magnesium wheel cleaners; tire cleaners that do not leave an appearance-enhancing or protective substance on the tire; pigmented products designed or labeled to be used primarily for coloring; products used for construction, reconstruction, modification, structural maintenance or repair of rubber or vinyl substrates; or products, other than those labeled to be used on vehicle tires, qualifying as either clear coating or vinyl/fabric/leather/polycarbonate coating.

(ex) Rubbing alcohol means any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage.

(ey) Sanitizer means, for products manufactured on or after January 1, 2022, products that are labeled as a sanitizer, or labeled to reduce, but not necessarily eliminate, microorganisms in the air, on surfaces, or on inanimate objects, and whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA; 7 U.S.C. section 136 et seq.) (see Table 1, section 200.9 of this Title). Products that are labeled as both a sanitizer and a disinfectant are considered disinfectants. Sanitizer does not include:

(1) disinfectant;

(2) products labeled solely for use on humans or animals;

(3) products labeled solely for agricultural use;

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

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

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

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

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

(ez) Sealant and caulking compound means any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces. Sealant and caulking compound does not include roof cements and roof sealants; insulating foams; removable caulking compounds; clear/paintable/water resistant caulking compounds; floor seam sealers; products designed exclusively for automotive uses; or sealers that are applied as continuous coatings. Sealant and caulking compound also does not include units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. For the purposes of this definition only: removable caulking compounds means a compound which temporarily seals windows or doors for three- to six-month time intervals; and clear/paintable/water resistant caulking compounds means a compound which contains no appreciable level of opaque fillers or pigments; transmits most or all visible light through the caulk when cured; is paintable; and is immediately resistant to precipitation upon application.

(fa) Semisolid means a product that, at room temperature, will not pour, but will spread or deform easily, including but not limited to, gels, pastes, and greases.

(fb) Shaving cream means an aerosol product which dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system, in the removal of facial or other bodily hair. Shaving cream does not include shaving gel.

(fc) Shaving gel means an aerosol product which dispenses a post-foaming semisolid designed to be used with a blade, cartridge razor, or other shaving system in the removal of facial or other bodily hair. Shaving gel does not include shaving cream.

(fd) Shortfall means the ACP emissions minus the ACP limit when the ACP emissions were greater than the ACP limit during a specified compliance period, expressed to the nearest pound of VOC. Shortfall does not include emissions occurring prior to the date that the ACP agreement approving an ACP is signed by the director, Division of Air Resources, Department of Environmental Conservation.

(fe) Silicone-based multi-purpose lubricant means any lubricant which is:

(1) designed and labeled for use to provide lubricity primarily through the use of silicone compounds including, but not limited to, polydimethylsiloxane; and

(2) designed and labeled for use for general purpose lubrication, or for use in a wide variety of applications.

Silicone-based multi-purpose lubricant does not include products designed and labeled for use exclusively to release manufactured products from molds.

(ff) Single phase aerosol air freshener means an aerosol air freshener with the liquid contents in a single homogeneous phase and which does not require that the product container be shaken before use.

(fg) Small business means any business that is independently owned and operated, and employs 100 or fewer individuals.

(fh) Solid means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTMD 4359-90 (2000)el (see Table 1, section 200.9 of this Title).

(fi) Special purpose spray adhesive means an aerosol adhesive that meets any of the following definitions:

(1) Mounting adhesive means an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) without causing discoloration to the artwork.

(2) Flexible vinyl adhesive means an aerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least five percent, by weight, of plasticizer content. A plasticizer is a material, such as a high boiling point organic solvent, that is incorporated into a plastic to increase its flexibility, workability, or distensibility, and may be determined using ASTM Method E 260-96 (2001) (see Table 1, section 200.9 of this Title) or from product formulation data.

(3) Polystyrene foam adhesive means an aerosol adhesive designed to bond polystyrene foam to substrates.

(4) Automobile headliner adhesive means an aerosol adhesive designed to bond together layers in motor vehicle headliners.

(5) Polyolefin adhesive means an aerosol adhesive designed to bond polyolefins to substrates.

(6) Laminate repair/edgebanding adhesive means an aerosol adhesive designed for:

(i) the touch-up or repair of items laminated with high pressure laminates (e.g., lifted edges, delaminates, etc.); or

(ii) for the touch-up, repair, or attachment of edgebanding materials, including but not limited to, other laminates, synthetic marble, veneers, wood molding, and decorative metals.

For the purposes of this definition: high pressure laminate means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265°F, and at pressures between 1,000 and 1,400 psi.

(7) Automotive engine compartment adhesive means an aerosol adhesive designed for use in motor vehicle under-the-hood applications which require oil and plasticizer resistance, as well as high shear strength, at temperatures of 200° - 275°F.

(fj) Spot remover means any product which is labeled for use in cleaning localized areas, or removing localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal. Spot remover does not include dry cleaning fluid, laundry prewash, or multi-purpose solvent.

(fk) Spray buff product means a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.

(fl) Stick product means any antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the affected area.

(fm) Structural waterproof adhesive means an adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM-A-181D (Type 1, Grade A) (see Table 1, section 200.9 of this Title). This definition is as per the Federal Consumer Products Regulation 40 CFR part 59, subpart C (see Table 1, section 200.9 of this Title).

(fn) Surplus reduction means the ACP limit minus the ACP emissions when the ACP limit was greater than the ACP emissions during a given compliance period, expressed to the nearest pound of VOC. Except as provided in section 235-11.1(g)(3) of this Part, surplus reduction does not include emissions occurring prior to the date that the ACP agreement approving an ACP is signed by the director, Division of Air Resources, Department of Environmental Conservation.

(fo) Surplus trading means the buying, selling, or transfer of surplus reductions between responsible ACP parties.

(fp) Table B compound means any carbon-containing compound listed as an exception to the definition of VOC as defined in Part 200 of this Title.

(fq) Temporary hair color means, for products manufactured on or after January 1, 2022, any product that applies color, glitter, or UV-active pigments to hair, wigs, or fur and is removable when washed. Temporary hair color includes hair color mousses and products labeled to add texture or thickness to cover thinning/balding areas. Temporary hair color does not include hair spray, hair styling product, or hair mousse.

(fr) Terrestrial means to live on or grow from land.

(fs) Tire sealant and inflator means any pressurized product that is designed to temporarily inflate and seal a leaking tire.

(ft) Toilet/urinal care product means any product designed or labeled for use to clean and/or deordorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals includes, but is not limited to, toilets or urinals connected to permanent plumbing in buildings and other structures, portable toilets or urinals placed at temporary or remote locations, and toilets or urinals in vehicles such as buses, recreational motor homes, boats, ships, and aircraft. Toilet/urinal care product does not include bathroom and tile cleaner or general purpose cleaner.

(fu) Total maximum historical emissions (TMHE) means the total VOC emissions from all ACP products for which the responsible ACP party has failed to submit the required VOC content or enforceable sales records. The TMHE shall be calculated for each ACP product during each portion of a compliance period for which the responsible ACP has failed to provide the required VOC content or enforceable sales records. The TMHE shall be expressed to the nearest pound and calculated according to the following calculation:

TMHE = (MHE)₁ + (MHE)₂ + ...+ (MHE)_N

where,

MHE = ^{(Highest VOC Content × Highest Sales)}/_{100 × 365} × Missing Data Days

where,

Highest VOC Content = the maximum VOC content which the ACP product has contained in the previous five years, if the responsible ACP party has failed to meet the requirements for reporting VOC content data (for any portion of the compliance period), as specified in the ACP agreement approving the ACP, or the current actual VOC content, if the responsible ACP party has provided all required VOC content data (for the entire compliance period), as specified in the ACP agreement.

Highest Sales = the maximum one-year gross New York State sales of the ACP product in the previous five years, if the responsible ACP party has failed to meet the requirements for reporting enforceable sales records (for any portion of the compliance period), as specified in the ACP agreement approving the ACP, or the current actual one-year enforceable sales for the product, if the responsible ACP party has provided all required enforceable sales records (for the entire compliance period), as specified in the ACP agreement approving the ACP.

Missing Data Days = the number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sales or VOC content data as specified in the ACP agreement approving an ACP.

1, 2, ..., N = each product in an ACP, up to the maximum N, for which the responsible ACP party has failed to submit the required enforceable sales or VOC content data as specified in the ACP agreement approving an ACP.

(fv) Type A propellent means a compressed gas such as CO₂, N₂, N₂O, or compressed air which is used as a propellent, and is either incorporated with the product or contained in a separate chamber within the product's packaging.

(fw) Type B propellent means any halocarbon which is used as a propellent including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

(fx) Type C propellent means any propellent which is not a Type A or Type B propellent, including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide).

(fy) Undercoating means any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to prevent the formation of rust or to deaden sound. Undercoating includes, but is not limited to, rubberized, mastic, or asphaltic products.

(fz) Usage directions means the text or graphics on the product's principal display panel, label, or accompanying literature which describes to the end user how and in what quantity the product is to be used.

(ga) Vinyl/fabric/leather/polycarbonate coating means a coating designed and labeled for use exclusively to coat vinyl, fabric, leather, or polycarbonate plastic substrates.

(gb) VOC content means, except for charcoal lighter products, the total weight of VOC in a product expressed as a percentage of the product weight (exclusive of the container or packaging), as determined pursuant to section 235-9.1(a) and (b) of this Part, and calculated according to the following equations:

For all products except for charcoal lighter material products:

VOC Content = ^{((B - C) × 100)}/_A

where,

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

B = total weight of all VOC per unit, as defined in Part 200 of this Title

C = total weight of all exempted VOCs per unit, as specified in Subpart 235-4 of this Part

For charcoal lighter material products only:

VOC Content = ^{(Certified Emissions × 100)}/_{Certified Use Rate}

where,

Certified Emissions = the emissions level for products approved by director, Division of Air Resources, Department of Environmental Conservation under section 235-3.1(f) of this Part, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 28, 1991) (see Table 1, section 200.9 of this Title), expressed to the nearest 0.001 pound CH₂ per start.

and

Certified Use Rate = the usage level for products approved by the director, Division of Air Resources, Department of Environmental Conservation under section 235-3.1(f) of this Part, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 28, 1991) (see Table 1, section 200.9 of this Title), expressed to the nearest 0.001 pound certified product used per start.

(gc) Volatile organic compound or VOC as defined in section 200.1 of this Title.

(gd) Wasp and hornet insecticide means any insecticide product that is designed for use against wasps, hornets, yellow jackets or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects, or their hiding place.

(ge) Waterproofer means a product designed and labeled for use exclusively to repel water from fabric or leather substrates. Waterproofer does not include fabric protectants.

(gf) Wax means a material or synthetic thermoplastic substance generally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics). Wax includes, but is not limited to, substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene.

(gg) Web spray adhesive means any aerosol adhesive which is not a mist spray adhesive or a special purpose spray adhesive.

(gh) Wood cleaner means a product labeled for use to clean wooden materials including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. Wood cleaner does not include dusting aid, general purpose cleaners, furniture maintenance product, floor wax stripper, floor polish or wax, or products designed and labeled for use exclusively to preserve or color wood.

(gi) Wood floor wax means wax-based products for use solely on wood floors.

(gj) Working day means any day, Monday through Friday, inclusive, except for days that are Federal holidays.

(gk) Zinc rich primer means, for products manufactured on or after January 1, 2022, a coating that:

(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 is labeled “For Professional Use Only,” “For Industrial Use Only,” “Not for residential use,” or “Not intended for residential use.”