472795 Volatile Organic Compound (VOC) Emissions Reduction

DISTRICT DEPARTMENT OF THE ENVIRONMENT

NOTICE OF Proposed RULEMAKING

Volatile Organic Compound (VOC) Emissions Reduction

The Acting Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165; D.C. Official Code §§8-101.05 and 8-101.06(b)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code §8-151.07(4)), Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006, hereby gives notice of the intent to adopt the following amendments to Chapter 7 of Subtitle A: Air Quality, of Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR) in not less than forty-five (45) days from the date of publication of this notice in the D.C. Register.

The proposed regulations are necessary to reduce further volatile organic compound (VOC) emissions in the District. VOCs are precursors to ground-level ozone, a principal component of smog that is formed in the atmosphere in the presence of sunlight. Ground-level ozone is a criteria pollutant under the federal Clean Air Act (CAA). The Washington metropolitan area, which includes the District, is in nonattainment of the National Ambient Air Quality Standards (NAAQS) for eight-hour ground-level ozone. On January 6, 2010, United States Environmental Protection Agency (EPA) proposed a primary health-based ozone standard of between 0.060 and 0.070 parts per million (ppm) measured over eight hours. This is in line with Clean Air Scientific Advisory Committee recommendations, but is considerably lower than the 2008 standard of 0.075 ppm. In 2007 and 2008, the District’s air monitoring stations recorded exceedances of the current NAAQS. The design concentration value (a statistically derived value that describes air quality status relative to the NAAQS) for each year was 0.087 ppm. Therefore, the District is required to adopt measures to reduce ozone levels, including precursor emissions of VOCs.

High levels of ozone cause health problems such as eye and throat irritation; breathing difficulties even for healthy individuals, but especially for those with respiratory problems such as allergies, asthma, bronchitis and emphysema; and leads to greater susceptibility to respiratory infection. When breathed into the lungs, ozone reacts with lung tissue and can harm breathing passages, decrease the lungs’ working-ability, and cause coughing and chest pains.

The proposed regulations were first published in the D.C. Register on May 18, 2007, at 54 DCR 4846. Although the comment period officially closed on June 18, 2007, the DDOE continued to respond to and in most cases incorporate comments from the regulated community and EPA during the entire revision period. The comments and DDOE’s responses are incorporated in the explanation of the amendments to each section below.

The proposed regulations incorporate Phase II amendments to model rules designed to reduce ozone in the eastern United States and promulgated by the Ozone Transport Commission (OTC), an entity created by the federal Clean Air Act (42 U.S.C. 7506a). Since VOCs are precursors to ozone, all members of the OTC (Virginia, the District of Columbia, Maryland, Pennsylvania, Delaware, New Jersey, New York, Connecticut, Massachusetts, Rhode Island, Vermont, New Hampshire, and Maine) have drafted similar rules as part of a regional strategy to attain and maintain the eight-hour ozone NAAQS. The District originally adopted Phase I of the OTC VOC model rules in April 2004 and then amended them in December 2004.

In addition to incorporating the OTC model rules, this proposed rulemaking adopts the requirements of several control techniques guidelines (CTGs) published by EPA. In accordance with sections 182(b)(2)(A) and 183(e) of the Clean Air Act (CAA), CTGs contain reasonably available control technology (RACT) level controls for specified product categories. The EPA periodically revises the list of CTG categories to comply with section 183(e) of the CAA. Revisions to the list were issued in 2006 (Group II), 2007 (Group III), and 2008 (Group IV). CTG categories account for at least 80 percent of the VOC emissions, on a reactivity-adjusted basis, from consumer and commercial products in areas that violate the NAAQS for 8-hour ozone. CAA section 183(e)(3)(C) provides that EPA may issue a CTG in lieu of a national regulation for controls that are substantially as effective at reducing VOC emissions from each of the CTG categories. Therefore, the District has incorporated seven relevant CTG requirements into the proposed regulations.

The seven categories of Group II, III, and IV CTGs addressed in the proposed regulations are: flexible packaging and printing (in §§ 710, 770 and 771); large appliance coatings, metal furniture coatings, and miscellaneous metal products and plastic parts coatings (§714); lithographic and letterpress printing (§716); miscellaneous industrial adhesives (§§ 743 to 749); and industrial cleaning solvents (§§ 770 and 771). The District submitted a negative declaration (a letter of certification) for the four remaining Group II, III, and IV CTG categories because no sources in the District were identified: flatwood paneling; paper, film, and foil coatings; auto and light-duty truck assembly coatings; and fiberglass boat manufacturing.

All references to the Mayor were changed to “the Department,” defined as DDOE. DDOE is authorized to implement the proposed regulations in accordance with Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006.

Specifically, the following changes are being proposed:

The title of §700 was changed from “Organic Solvents” to “Miscellaneous VOCs” to more accurately establish and expand the subject of the regulation. EPA’s definition for “VOC” was incorporated by reference in §799. The definition for “solvent” in §799 was adjusted to reflect the organic nature of the compound, which is often referenced in but is no longer the main focus of the regulation. Since §700 is intended to be a catch-all provision for VOCs not regulated in other sections, §700.1 was amended to extend the catch-all to all subsequent sections in this chapter not previously included in §700.1. The 85 percent overall control efficiency requirement in §700.2 was increased to 90 percent. This change was the result of long deliberation about updating the standard to reduce VOC emissions in light of recent revisions to the ozone NAAQS, and the District does not believe it places an unreasonable burden on the regulated community.

The term “photochemically reactive solvents” in §700.2 was changed to “volatile organic compounds” to reflect the true focus of the chapter. The term “overall capture and control efficiency” was added to the end of §700.2 to clarify the intent of the emissions reduction option.

Section 700.3 on “nonphotochemically reactive solvents” was moved to §708, because nonphotochemically reactive solvents are not technically VOCs. However, the section remains in 20 DCMR Chapter 7 to avoid backsliding (weakening requirements by removing a regulation). The District is considering moving the section to a different chapter at a later time.

The District considered repealing §706 on Petroleum Dry Cleaners, but the Air Quality Division’s Permitting and Enforcement Branch recently conducted a dry cleaner survey, which revealed that very few dry cleaning facilities continue to use petroleum solvent in the District. Therefore, §706 was retained.

Section 707, Perchloroethylene Dry Cleaning, was repealed because perchloroethylene (“perc”), a chemical solvent used in dry cleaning, is no longer defined as a VOC. To avoid backsliding, the federal regulation on perc dry cleaners, which is more stringent than the District’s current rule, will be incorporated by reference in a new air quality chapter pertaining to Air Toxics.

Section 708, Solvent Cleaning, was repealed because all of the standards from §708 are addressed with more detail in OTC’s model rule on solvent cleaning, which are included in §§ 763 through 769.

Section 710, Engraving and Plate Printing, was amended to incorporate the limits listed in Appendix 7-1, and Appendix 7-1 was repealed. Since some of the VOC content limits in §§ 710.5 through 710.9 and 710.12 are for source categories that are also controlled in §716 (e.g. offset lithography heatset, letterpress) but are quantified using different methods (i.e. they impose limits on the percent of alcohol in the solution or overall control efficiency, as opposed to VOC content), language was added to allow requirements from both §§ 710 and 716 to apply as appropriate and to incorporate requirements from the Offset Lithography and Letterpress Printing CTG as appropriate.

The control recommendations and emission limits from the Flexible Package Printing CTG were added to §710.5(h) and (i) and §710.6, since flexible package printing uses both flexographic and rotogravure printing presses, and at least one of the District’s major sources does operate a rotogravure press. The CTG controls are for inks, adhesives, and sealants used in presses with a potential to emit (PTE) 25 tons or more of VOCs per year.

The Flexible Package Printing CTG also includes cleaning recommendations for presses that emit over 15 pounds per day but with a PTE less than 25 tons per year. These requirements were addressed with solvents in §§ 770 to 771.

There was some confusion by EPA as to whether §710 is “a 100 ton per year major non-CTG VOC RACT rule”. The District does not have any sources that emit more than 100 tons per year, so it does not interpret §710 this way. Section 710 states that it is for “an establishment coming within the description of Industry Group 2753 as stated in the 1972 Standard Industrial Classification (SIC) Manual of the Federal Office of Management and Budget…” The 1972 SIC code (or Industry Group code) 2753 is equivalent to the 1987 SIC code 2759, which is defined as “commercial printing, not elsewhere classified.” The District is not aware of threshold limits associated with this SIC code, or the subsequent North American Industry Classification System (NAICS) codes. The District intends for the regulation to apply to relevant commercial printing units, such as the Bureau of Engraving and Printing.

The District considered adding NAICS codes to §710.1 to correspond with the 1972 SIC codes, but decided not to do so. Overlap between SIC and NAICS codes can be complicated, and EPA has not yet fully adopted the practice of using NAICS codes. The District also considered adding SIC or NAICS codes to represent facilities affected by the Flexible Package Printing CTG, but instead included §710.1(b) along with definitions for the affected source categories in §799.

Section 714, Controls and Prohibitions on Gasoline Volatility, is not in the District’s state implementation plan (SIP), and was repealed. As written, the rule was relevant from May 1, 1991, to September 15, 1991. During the early 1990s, the District opted into the federal reformulated gas (RFG) program, which requires states to meet volatility standards to decrease evaporative emissions of gasoline during summer months when ozone levels are typically high. On September 30, 1993, the District adopted the Stage II Vapor Recovery regulations to limit emissions of gasoline at the pump during refueling, alleviating the need for the RFG program.

Section 714 was replaced with a catch-all regulation to address three of EPA’s CTGs for source categories that were not directly incorporated into the body of 20 DCMR Chapter 7, and for which the District did not submit a negative declaration: miscellaneous metal and plastic parts coatings, large appliance coatings, and metal furniture coatings. CTG applicability is based on actual emission thresholds (not PTE) from the aggregation of units within a CTG category.

The catch-all CTG rule requires a presumptive 90 percent overall control efficiency. In §714.3, the term “source” is defined for each CTG category, to identify the entities to be regulated now and into the future. There is a “once in, always in” provision in §714.2, along with work practice and record-keeping requirements in later sections. Record-keeping is necessary because provisions in the SIP must be federally enforceable. Even sources that emit less than 15 pounds per day are asked to maintain records to demonstrate that emissions are below the applicability threshold.

Procedures and schedules are outlined for persons who own, operate or lease a source and would prefer to comply with a different option. A source-specific RACT analysis, as explained in §715, may be conducted. As stated later in §715.4, if a source is major, there is no option and a source-specific RACT analysis must be conducted.

Section 715, Major Source and Case-By-Case RACT, outlines requirements for sources with the theoretical PTE of 25 tons per year or over, the major source threshold under the District’s one-hour ozone SIP, which is the basis for the 8-hour ozone SIP limits. Section 715 explains how to calculate “theoretical potential to emit.” The theoretical PTE for VOC RACT is different than PTE used for new source review because it is calculated before controls and is based on any type of limit, not just operational limits. The maximum potential is calculated for 8,760 hours (the number of hours in a year), except for the purposes of §715.3 (i.e. for sources with a CTG), where the potential maximum operating hours can be less than 8,760 hours for any source or unit subject to a federally enforceable limit on the hours.

Section 715 specifies what is required in a RACT analysis, and how the District will handle source-specific RACT analyses when issuing or modifying permits. The alternative RACT process is intended as a negotiation that can become more burdensome as a source emits more pollution. Any final RACT determination ultimately becomes a SIP revision.

The District considered combining the proposed §§ 700, 714 and 715 to establish a presumptive 90 percent limit for all CTGs, area and major sources regardless of applicability, but instead, decided to maintain much of the existing area source (§700) and RACT (§715) language and add a CTG rule (§714) to avoid confusion.

Section 716 was amended to include requirements from the Offset Lithography and Letterpress Printing CTG and is now titled accordingly. Section 716.1 entails separate applicability thresholds for the existing rule and the CTG. It applies to any person who falls into one or both categories. The effective date in §716.5 was amended because requirements were added or changed, but no standards were made more stringent. Sections 716.5 and 716.6 address dampening or fountain solutions; §§ 716.7 through 716.9 address cleaning solutions; and §§ 716.10 through 716.14 cover dryers or inks and heatset ovens for major sources only. The District was careful to maintain existing regulatory language while integrating the CTG requirements as much as possible to avoid backsliding.

The equation in §716.7(a)(2) was substituted with a similar equation from §747.5, since the definitions better correspond with the components of the equation. Both regulate composite pressure, while the latter equation allows more than one exempt compound to be considered and adds the American Society for Testing and Materials (ASTM) methods.

Sections 714, 715, and 716 do not specify compliance with the District’s new source review (NSR) requirements in §204, but do when a new unit with a PTE 25 tons per year is installed. The RACT requirements do not let a source avoid NSR permitting, and the NSR requirements do not allow a source to avoid RACT requirements.

The National Emission Standards For Hazardous Pollutants For Source Categories that was in §717 will be placed in a new air quality chapter pertaining to Air Toxics. Section 717 was replaced with a section on emissions from “Soil and Groundwater Remediation” facilities. Until now, District policy has been contained in a letter addressed to Steve Giffin of the Exxon Company dated June 19, 1991. The letter included an acceptable health-based risk level for facilities that exceed one (1) pound per day after controls. In the proposed §717, the District shortened the policy to remove any reference to risk but retained the control level of at least 95 percent if emission are greater than one (1) pound per day.

As mentioned above, this rulemaking proposes new VOC standards for certain consumer products in §§ 719 through 737. OTC’s most recent “Consumer Products” model rule was an amendment that added three sections to the model rule from November 29, 2001, which was developed and implemented to address the one-hour ozone standard. DDOE received many comments from the consumer products industry concerning sell through dates for non-compliant products. Although these rules do not contain specific sell through dates, to address industry concerns, the new consumer products standards will not take effect until at least six (6) months after the proposed rule is published (which allows for sell through of non-compliant products). In addition, if a consumer product cannot comply within six (6) months, then the manufacturer can seek an exemption through an alternative control plan agreement, an innovative product exemption, or a variance pursuant to §§ 735 through 737.

The revised “Adhesives and Sealants” model rule was moved from §§ 738 through 743 to §§ 743 through 749. It is based on a RACT determination prepared by the California Air Resources Board (CARB) in 1998 that limits emissions of VOCs from adhesives, sealants and primers. The model rule achieves VOC reductions through two basic components: sale and manufacture restrictions that limit the VOC content of specified adhesives, sealants and primers sold; and use restrictions that apply primarily to commercial or industrial applications. By reducing the availability of higher VOC content adhesives and sealants, the sales prohibition is also intended to address adhesive and sealant usage at area sources. Emissions from residential use of regulated products are addressed through the sales restrictions and simple use provisions.

The District included the requirements of the “Miscellaneous Industrial Adhesives” CTG in §§ 743 to 749. The maximum overall control efficiency option in the adhesives CTG was 85 percent, not 90 percent, and thus could not be accommodated in §714. (See §744.5(a)). The adoption of the CTG is why the language of §744.1 and §744.2 is very similar. However, §744.1 refers to “sell, supply, offer for sale…or manufacture for sale”, based on the model rule, and §744.2 refers to “use or apply,” based on the CTG. The District chose to extend the CTG requirements to sealants and sealant primers, since these materials are covered in the model rule, which is broader in scope than the CTG. Table I of §744.2 contains additions that are in the CTG, but not the model rule, such as limits for motor vehicle glass bonding and adhesives applied to plastic or wood. The term “use” is parsed out in subsequent sections, such as §§ 745.3 and 745.4.

In response to comments from the regulated community, the proposed §745.9 includes a limited exemption for single-ply roofing materials during winter months. Even though very little roofing occurs during the winter in the District, this change was made to address the regulated industries’ concerns, and to maintain consistency with similar rules in other states in the OTC region.

Only one comment from the regulated community was rejected. The U.S. Air Force submitted written comments concerning the applicability of rules pertaining to military HAZMAT (hazardous material) pharmacies and similar facilities where paint, adhesives, and sealants are stored and distributed. They requested that the definition of the term “supplies” or “supply” in §§ 743 to 749 be changed to exempt military HAZMAT pharmacies from the requirement to dispose of dated materials. In consultation with neighboring states that denied the request, the District did not grant an exemption for HAZMAT pharmacies.

The model rule on Portable Fuel Containers (PFCs) and spouts was moved from §§ 735 through 741 to §§ 751 through 758. The OTC revision was developed to address emission reduction shortfalls identified by EPA in plans to attain the one-hour ozone standard. The District has adopted the later version of the OTC rule, because revisions to Chapter 700 were not completed before July 1, 2007. The updated model rule requires spill-proof performance systems, and incorporates slightly more stringent testing, labeling and record-keeping requirements than the previous model rule.

The “Solvent Cleaning” model rule, moved from §§ 742 through 748 to §§ 763 through 771, was also developed as part of a regional effort to attain and maintain the one-hour ozone standard, address emission reduction shortfalls, and reduce 8-hour ozone levels. Because of applicability issues, requirements from the “Industrial Cleaning Solvents” CTG were added as §§ 770 and 771, instead of within the body of the rule. However, like in the adhesives CTG, the maximum overall control efficiency option in the solvent cleaning CTG was for 85 percent, not 90 percent, and thus could be accommodated in §714. (See §770.5(b) for the 85 percent option.)

The items listed for exemption in §770.9 are included to make the regulation consistent with the solvents CTG, which is intended to address only those categories that are not addressed elsewhere in different CTGs. As §770.9(b) suggests, solvents that are already covered in §§ 710, 714, 716, 718, and 743 through 749 are not to be addressed by the solvents CTG. However, only parts of the flexible printing and packaging CTG are addressed by §710: parts dealing with inks, coatings, and adhesives for sources that emit 25 tons per year. The cleaning materials portion of the flexible printing and packaging CTG for sources that emit over 15 lbs per day, but less than 25 tons per year, are not covered in §710, but are included in §771.1(b); hence, the cleaning portions of the flexible printing and packaging CTG are excluded from §770 (see §770.9(l), (m) and (q)).

The adhesives CTG is indirectly excluded from the miscellaneous metal and plastic parts CTG because §§770.9(b) excludes §714.

The architectural and industrial maintenance (AIM) exclusion in §770.9(n) can also be found in §714.3(a)(2). That is because AIM solvents are excluded separately in both the solvents CTG and the miscellaneous metal product and plastic parts CTG.

The Architectural and Industrial Maintenance Coating model rule, moved from §§ 749 through 754 to §§ 773 through 779, was changed by OTC for similar reasons as the previous rules. As requested through industry comments, the District included limits for materials in the table in §774.10 that the industry anticipates using to repair the steps of the U.S. Capitol, and made related changes to other sections. An additional request by the regulated community to reduce burdensome reporting requirements in §777 was also granted.

Finally, numerous definitions were amended and added to accommodate the proposed revisions to the District’s VOC regulation.

In summary, the following amendments will be submitted to EPA for approval as a revision to the District of Columbia’s State Implementation Plan: (1) amendments to §§ 700, 710, 715, 716 and 799; (2) amendments to or recodification of the rules for certain consumer products, adhesives and sealants, portable fuel containers, solvent cleaning, and architectural and industrial maintenance coatings; (3) the repeal of §§ 707 and 708; and (4) the inclusion of §714, a catch-all regulation to address three of EPA’s CTGs for source categories that were not directly incorporated into the body of the other amended sections. The District does not plan to include the new requirements of §717 in a SIP amendment.

Comments on these proposed rules must be submitted, in writing, no later than thirty (30) days after the date of publication of this notice in the D.C. Register to Ms. Jessica Daniels, District Department of the Environment, Air Quality Division, 1200 First Street, NE, 5^th Floor, Washington, D.C. 20002 or sent electronically to jessica.daniels@dc.gov. Copies of the proposed rule may be obtained between the hours of 9:00 A.M. and 5:00 P.M. at the address listed above for a small fee to cover the cost of reproduction or on-line at http://ddoe.dc.gov.

Title 20 DCMR (ENVIRONMENT), SUBTITLE A: AIR QUALITY, CHAPTER 7, VOLATILE ORGANIC COMPOUNDS, SECTIONS 700, 707, 708, 710, 714 through 717, 719 through 778, and 799 are amended as follows:

700 ORGANIC SOLVENTS is repealed and replaced with:

700 MISCELLANEOUS VOLATILE ORGANIC COMPOUNDS (VOCs)

700.1 Unless otherwise specified, sources subject to subsequent sections of this chapter shall not be subject to §700.

700.2 No person shall discharge into the atmosphere more than fifteen (15) pounds of volatile organic compound (VOC) emissions in any one (1) day, nor more than three (3) pounds in any one (1) hour, from any combination of articles, machines, units, equipment, or other contrivances at a facility, unless the uncontrolled VOC emissions are reduced by at least ninety percent (90%) overall capture and control efficiency.

707 PERCHLOROETHYLENE DRY CLEANING is repealed.

708 SOLVENT CLEANING (DEGREASING) is repealed and replaced with:

708 NONPHOTOCHEMICALLY REACTIVE SOLVENTS

708.1 No person shall discharge into the atmosphere more than forty (40) pounds of nonphotochemically reactive solvents in any one (1) day, nor more than eight (8) pounds in any one (1) hour, from any article, machine, equipment, or other contrivance, unless the uncontrolled organic emissions are reduced by at least eight-five percent (85%).

710 ENGRAVING AND PLATE PRINTING is amended to read as follows:

710.1 Except as provided in §710.2, it shall be prohibited to operate:

(a) Any printing unit or perform any printing operation in an establishment coming within the description of Industry Group 2753 as stated in the 1972 Standard Industrial Classification Manual of the Federal Office of Management and Budget, except in compliance with the requirements of this section; or

(b) After March 1, 2011, any individual flexographic or rotogravure package printing press with the theoretical potential to emit from the dryer before controls of at least twenty-five tons per year (25 tpy) of VOC (petroleum ink oil) from inks, coatings and adhesives combined, except in compliance with the applicable requirements of this section, where any flexographic or rotogravure package printing press that becomes or is currently subject to §710.1(b) will remain subject to the applicable requirements of this section even if its theoretical potential to emit has fallen or later falls below the applicability threshold.

710.2 If part or all of any printing operation involving VOC emissions is not specifically controlled by the requirements of this section, then the VOC-related emission operation or part of the operation shall be governed by the other requirements of this subtitle.

710.3 This section shall apply only to the emissions of VOCs; all provisions of this subtitle other than those restricting the emissions of VOCs apply to the operations regulated by this section.

710.4 The use of inks, wiping solutions, and dampening solutions in

connection with printing units shall comply with the limits on the percentage content of VOCs of the inks, wiping solutions and dampening solutions for the respective types of printing units and be subject to §§ 710.5 through 710.9.

710.5 In addition to any applicable requirements in §716, the VOC content of ink shall not exceed the following percentages after December 31, 1987:

(a) Heatset intaglio, thirty percent (30%);

(b) Non-heatset paperwipe intaglio, five percent (5%);

(d) Offset lithography heatset, forty percent (40%);

(e) Non-heatset, thirty-five percent (35%);

(f) Letterset, forty percent (40%);

(g) Letterpress, thirty percent (30%);

(h) Flexography, sixty-five percent (65%), except for any individual flexographic package printing press with the theoretical potential to emit from the dryer prior to controls of at least twenty-five tons per year (25 tpy) of VOC (petroleum ink oil) from inks, coatings and adhesives combined, which are subject to the following:

(1) Sixty-five percent (65%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add-on air pollution control device (APCD) whose first installation was before March 1, 2011;

(2) Seventy percent (70%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add-on APCD whose first installation was on or after March 1, 2011;

(3) Seventy-five percent (75%) overall control for a press that was first installed on or after March 14, 1995, and that is controlled by an add-on APCD whose first installation was before March 1, 2011; and

(4) Eighty percent (80%) overall control for a press that was first installed on or after March 14, 1995, and that is controlled by an add-on APCD whose first installation was on or after March 1, 2011; and

(i) Gravure, twelve percent (12%), except for any individual rotogravure package printing press with the theoretical potential to emit from the dryer before controls of at least twenty-five tons per year (25 tpy) of VOC (petroleum ink oil) from inks, coatings and adhesives combined, which are subject to the following:

(1) Sixty-five percent (65%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add-on APCD whose first installation was before March 1, 2011;

(2) Seventy percent (70%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add-on APCD whose first installation was on or after March 1, 2011;

710.6 For §§ 710.5(h)(1-4) and (i)(1-4), calculation of the source’s theoretical potential to emit shall be pursuant to §715.

710.7 As an alternative to §§ 710.5(h)(1-4) and (i)(1-4), the following equivalent VOC content limits can be met:

(a) 0.8 kg VOC/kilogram (kg) solids applied; or

(b) 0.16 kg VOC/kilogram (kg) materials applied.

710.8 In addition to any applicable requirements in §716, the VOC content of wiping solution shall not exceed the following percentages after December 31, 1987:

(a) Heatset intaglio, one percent (1%); and

(b) Non-heatset cylinder-wipe intaglio, one percent (1%).

710.9 In addition to any applicable requirements in §716, the VOC content of

dampening solution shall not exceed the following percentages after December 31, 1987:

(a) Offset lithography heatset, fifteen percent (15%); and

(b) Non-heatset, twenty percent (20%).

710.10 For §§ 710.5 through 710.9:

(a) The percentage VOC content is by weight and applies to the inks and solutions as contained in the storage wells (fountains) of the printing unit, and does not include water;

(b) The percentage VOC content shall be determined in accordance with Procedure B of test method ASTM D-2369-81; where, in lieu of testing the formulated inks and solutions, the individual components of the formulations may be tested and the VOC content of the formulations may be calculated therefrom; and

710.11 Ink usage in connection with all forms of intaglio printing shall be minimized to the extent feasible by routing the inking cylinders or other techniques.

710.12 Unless a more stringent standard in §§ 716.10 through 716.14 applies, VOC emissions from any heatset oven shall be reduced by ninety percent (90%) through the use of a control device, except in the case of printing units using water-based solvents in the ink used on them.

710.13 Alternate VOC emission reduction systems may be used to attain compliance with §§ 710.5 through 710.9 and §710.12 in place of the specific requirements stated in those sections provided that:

(a) The alternate VOC reduction system(s) is demonstrated to have at least equivalent results in limiting emissions of VOCs as would the application of the requirements of those sections; and

(b) The alternate system(s) shall be approved by the Department.

710.14 All containers holding or conveying VOC-containing materials shall be open only when necessary and openings shall be restricted to the extent feasible.

710.15 The leaking of any solvent or solvent-containing materials from any printing unit or associated equipment shall be prohibited.

710.16 The storage or disposal of any solvent or solvent-containing material, including waste material, in a manner that will cause or allow its evaporation into the atmosphere shall be prohibited.

710.17 To the greatest extent feasible, persons operating printing units and associated equipment shall minimize their use of VOC-containing materials by restricting wasteful usage and by replacing the material with emulsions or other materials.

710.18 For establishments to which §§ 710.5 through 710.9 apply, but within which one (1) or more printing units is demonstrated to be unable to comply or cannot feasibly comply, any person owning or operating the establishment may bring it into compliance by reducing VOC emissions from other printing units within the establishment as follows:

(a) In a ratio of five (5) units of reduced emissions for each one (1) unit of excess emissions for operations during the months of April, May, June, July, August, and September;

(b) In a ratio of one (1) unit of reduced emissions for each one (1) unit of excess emissions for operations during the months of October, November, December, January, February and March; and

(1) The owner or operator demonstrates to the Department that the reduction ratio is met by the proposed trade;

(2) The Department approves the proposed trade; and

(3) The proposed trade is legally enforceable against the owner and operator of the establishment.

APPENDIX 7-1 is repealed.

714 CONTROLS AND PROHIBITIONS ON GASOLINE VOLATILITY is repealed and replaced with:

714 CONTROL TECHNIQUES GUIDELINES (CTGs)

714.1 Any person who owns, operates, or leases any combination of articles, machines, units, equipment, or other contrivances at a facility whose actual VOC emissions before control devices from all units within any one Control Techniques Guidelines (CTG) category specified in §714.3 are:

(a) More than fifteen pounds (15 lbs) in any one (1) day, or more than three pounds (3 lbs) in any one (1) hour, shall be subject to the provisions of this section through §714.8(a) and shall reduce the uncontrolled VOC emissions by at least ninety percent (90%) overall capture and control efficiency; or

(b) Less than fifteen pounds (15 lbs) in any one (1) day, and less than three pounds (3 lbs) in any one (1) hour, shall be subject to §714.8(b).

714.2 Any facility that becomes or is currently subject to the provisions of this section by exceeding the applicability threshold in §714.1(a) will remain subject to these provisions even if its throughput or emissions have fallen or later fall below the applicability threshold.

714.3 The following source categories covered by a CTG issued by the EPA in the Federal Register in a final rule or in a notice of final determination and availability of a final CTG are subject to this section:

(a) Miscellaneous Metal Product and Plastic Parts Surface Coatings, where, for the purposes of this section, a source performs surface coating of miscellaneous metal and plastic parts at a manufacturing facility or on a contract basis, except:

(1) VOC emissions addressed by §718 (MERR), to the extent the coatings are used to repair and refinish mobile equipment or mobile equipment components; and

(2) VOC emissions addressed by §§ 773 to 778 (AIM), to the extent the coatings are used on buildings or structures for architectural and industrial maintenance purposes.

(b) Large Appliance Coatings, where, for the purposes of this section, a source uses paints, topcoats, basecoats, sealants, caulks, inks, primers, enamels, adhesives, maskants and other such materials in the manufacture of large appliance parts or products at a large appliance coatings facility; and

(c) Metal Furniture Coatings, where, for the purposes of this section, a source applies coatings to metal furniture surface coating units at a metal furniture manufacturing facility.

714.4 Any person to whom §714.3 applies may, by notifying the Department of their request with the application for a permit, propose the following:

(a) An acceptable RACT emission limit, as recommended in the applicable CTG document; or

(b) Use of low-VOC materials with add-on controls that will reduce emissions, as recommended in the applicable CTG document.

714.5 If a person makes a request under §714.4, the Department will:

(a) Approve, deny or modify each request for an alternative to §714.1(a) as RACT, and approve a request only if it meets the recommendation in the applicable CTG; and

(b) Incorporate each approved RACT determination in a permit and submit the RACT determination to the EPA for approval as a SIP revision.

714.6 As an alternative to §714.4, any person to whom §714.3 applies may propose RACT based on a source-specific RACT analysis, in accordance with §§ 715.5 through 715.7.

714.7 No person subject to §714.1(a) shall use, handle, store, or dispose of VOC- containing materials, coatings, paints, topcoats, basecoats, sealants, caulks, inks, primers, enamels, adhesives, maskants, solvents, industrial cleaning solvents, and waste materials unless the person:

(1) Stores all VOC-containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives, and waste materials in closed containers except when depositing or removing these materials;

(2) Minimizes spills of VOC-containing materials;

(3) Cleans up spills immediately;

(4) Conveys any VOC-containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives, and waste materials in closed containers or pipes;

(5) Closes mixed vessels which contain VOC-containing materials, coatings, solvents, industrial cleaning solvents, inks, and adhesives except when they are specifically in use;

(6) Minimizes emissions of VOCs during cleaning of storage, mixing, conveying, and other equipment; and

(7) Stores cloth and paper, or other absorbent applicators, moistened with coatings, solvents, or cleaning solvents in closed, nonabsorbent, non-leaking containers.

714.8 Any person who owns, operates, or leases any combination of articles, machines, units, equipment, or other contrivances at a facility:

(a) Subject to §714.1(a) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows:

(1) The records shall provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met;

(2) Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard; and

(3) The records shall be retained at least two (2) years from when they were originated and shall be made available to the Department on request; or

(b) Subject to §714.1(b) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applicability threshold.

715 REASONABLY AVAILABLE CONTROL TECHNOLOGY is repealed and replaced with:

715 MAJOR SOURCE AND CASE-BY-CASE REASONABLY AVAILABLE CONTROL TECHNOLOGY (RACT)

715.1 Calculation of source emissions of VOCs to determine applicability of a regulation of this section shall be based on the following:

(a) The theoretical potential to emit (design capacity or maximum production and maximum potential operating hours) before add-on controls; and

(b) The sum of all emissions from individual emission sources within the same control techniques guideline (CTG) category, except for petroleum/gasoline marketing, in which emissions from storage tanks, terminals, and loading racks within the same plant or site shall be summed.

715.2 RACT shall be applied if the theoretical potential plant-wide emissions are, or have ever been, greater than or equal to twenty-five (25) tons per year.

715.3 For sources for which there is no control technique guideline (CTG), the requirements of this section shall apply in addition to the following:

(a) Theoretical potential emissions from all processes within a plant shall be summed to determine applicability of RACT;

(b) RACT shall be evaluated for all processes in the plant if theoretical potential emissions as determined by this section are greater than or equal to twenty-five (25) tons per year; and

(c) RACT may not be avoided unless physical or operational limitations on the capacity of the source to emit are federally enforceable.

715.4 Any person to which §§ 715.1 through 715.3 applies shall propose RACT based on a source-specific RACT analysis, in accordance with §§ 715.5 through 715.7.

715.5 To propose source-specific RACT, any person shall:

(a) Notify the Department of their request for a source-specific RACT determination with the application for a permit;

(b) Provide associated monitoring, testing, certification, recordkeeping and reporting procedures in accordance with 20 DCMR Chapter 5;

(d) Submit the proposed RACT to the Department for approval.

715.6 Any person who prepares and submits a source-specific RACT analysis shall include and provide the Department:

(a) A ranking of the available control options for the affected source in descending order of control effectiveness;

(b) An evaluation of the technical feasibility of the available control options identified in §715.6(a) based on physical, chemical and engineering principles, where a determination of technical infeasibility shall identify technical difficulties which would preclude the successful use of the control option on the affected source;

(c) A ranking list of the technically feasible control options in order of overall control effectiveness for VOC emissions that presents the array of control options and shall include, at a minimum, the following information:

(1) The baseline emissions of VOCs before implementation of each control option;

(2) The estimated emission reduction potential or the estimated control efficiency of each control option;

(3) The estimated emissions after the application of each control option; and

(4) The economic impacts of each control option, including both overall cost effectiveness and incremental cost effectiveness.

(d) An evaluation of cost effectiveness of each control option consistent with the “OAQPS Control Cost Manual” (Sixth Edition), EPA/452/B-02-001, January 2002, and subsequent revisions, conducted in accordance with the following requirements:

(1) The cost effectiveness shall be evaluated in terms of dollars per ton of VOC emissions reduction;

(2) The cost effectiveness shall be calculated on average and incremental bases for each option, with average cost effectiveness calculated as the annualized cost of the control option divided by the baseline emissions rate minus the control option emission rate, as shown by the following formula:

Average cost effectiveness ($/ton removed) =
Control option total annualized cost ($/yr) / [Baseline emission rate – Control option rate (tons/yr)]

(3) For purposes of this paragraph, baseline emission rate represents the maximum emissions before the implementation of the control option, and the baseline emissions rate shall be established using either test results or approved emission factors and historic operating data;

(4) For purposes of this paragraph, the incremental cost effectiveness calculation compares the costs and emission level of a control option to those of the next most stringent option, as shown by the following formula:

Incremental Cost (dollars) per incremental ton removed = [Control option total annualized cost ($/yr) – Total annualized cost of next most stringent control option ($/yr)] / [Next most stringent control option emission rate (ton/yr) – control option emission rate (ton/yr)]

(e) A recommendation of a RACT emission limitation, equipment standard, or control technology for each affected emission source or unit; and

(f) Additional information requested by the Department that is necessary for the evaluation of the RACT proposal.

715.7 The Department will:

(a) Approve, deny, or modify each RACT proposal and will approve each source-specific RACT determination; and

(b) Incorporate each approved RACT determination in a permit and submit the RACT determination to the EPA for approval as a revision to the SIP.

716 OFFSET LITHOGRAPHY is repealed and replaced with:

716 OFFSET LITHOGRAPHY AND LETTERPRESS PRINTING

716.1 Except as provided in §710, any person who owns, operates, or leases:

(a) An offset lithography printing operation that is part of any source which emits, or has the theoretical potential to emit, twenty-five (25) or more tons per year of VOCs shall be prohibited from operating the printing operation unless it is in compliance with the requirements of this section, where calculation of the source’s theoretical potential to emit shall be pursuant to §715;

(b) After March 1, 2011, any offset lithography or letterpress printing operation which emits VOCs at a rate equal to or greater than fifteen pounds per day (15 lb/day) actual emissions of VOC or an equivalent level before consideration of controls shall comply with the requirements of this section through §716.19(a); and

(c) After March 1, 2011, any offset lithography or letterpress printing operation which emits VOCs at a rate less than fifteen pounds per day (15 lb/day) actual emissions of VOC or an equivalent level before consideration of controls, shall comply with §716.19(b).

716.2 Any printing operation or press that becomes or is currently subject to the provisions of this section by exceeding the applicability threshold in §§ 716.1(a), 716.1(b) and 716.10 shall remain subject to these provisions even if its throughput or emissions or its theoretical potential to emit has fallen or later falls below the applicability threshold.

716.3 If part or all of any offset lithography or letterpress printing operation involving VOC emissions is not specifically controlled by the requirements of this section, then the VOC-related emission operation or part of the operation shall be governed by the other requirements of this subtitle on air quality.

716.4 This section applies only to the emissions of VOCs; all provisions of this subtitle on air quality other than those restricting the emissions of VOCs apply to the operations regulated by this section.

716.5 After March 1, 2011, no person who owns, operates or leases an offset lithography printing operation shall utilize dampening or fountain solution in conjunction with printing units in excess of the following limits:

(a) For non-heatset or coldset web printing, not in excess of five percent (5%) alcohol substitute (by weight) on-press (as-applied) and no alcohol in the fountain solution;

(b) For heatset web printing, not in excess of one and six-tenths percent (1.6%) alcohol (by weight) in the fountain or, to achieve an equivalent level of control, any one of the following shall occur:

(1) Reduce the on-press (as-applied) alcohol content to one and six-tenths percent (1.6%) alcohol or less (by weight);

(2) Use three percent (3%) alcohol or less (by weight) on-press (as-applied) in the fountain solution, provided the solution is refrigerated to less than sixty degrees Fahrenheit (60° F); or

(3) Use an alcohol substitute so that the on-press (as-applied) VOC content is five percent (5%) or less (by weight) as determined by EPA Method 24 and no alcohol is in the fountain solution; or

(c) For sheet-fed printing, not in excess of five percent (5%) alcohol (by weight) in the fountain or, to achieve an equivalent level of control, any one of the following shall occur:

(1) Reduce the on-press (as-applied) alcohol content to five percent (5%) alcohol or less (by weight);

(2) Use eight and a half percent (8.5%) alcohol or less (by weight) on-press (as-applied) in the fountain solution, provided the solution is refrigerated to less than sixty degrees Fahrenheit (60° F); or

(3) Use an alcohol substitute so that the on-press (as-applied) VOC content is five percent (5%) or less (by weight) as determined by EPA Method 24 and no alcohol is in the fountain solution.

716.6 Section 716.5 does not apply to:

(a) Sheet-fed presses with maximum size of eleven by seventeen (11x17) inches or smaller; and

(b) Any press with total fountain solution reservoir of less than one (1) gallon.

716.7 No person who owns, operates or leases a printing operation shall utilize cleaning solutions containing VOCs in conjunction with printing units in excess of:

(a) One of the following limits after May 1, 1999, for any offset lithography printing operation in any source which emits, or has the theoretical potential to emit, twenty-five (25) or more tons per year of VOCs:

(1) Thirty percent (30%) of VOCs (by weight) as determined by EPA Method 24; or

(2) Ten millimeters of mercury (10 mm Hg) at twenty degrees

Celsius (20° C) of VOC composite partial pressure calculated as follows:

where:

Ppc = VOC composite partial pressure at 20°C, in mm Hg;

Wi = Weight of the "i"th VOC compound, in grams, as determined by ASTM E 260-91;

Ww = Weight of water, in grams as determined by ASTM D 3792-86;

We = Weight of the "i"th exempt compound, in grams, as determined by ASTM E 260-91;

Mwi = Molecular weight of the "i"th VOC compound, in grams per g-mole, as given in chemical reference literature;

Mww = Molecular weight of water, 18 grams per g-mole;

Mwe = Molecular weight of the "i"th exempt compound, in grams per g-mole, as given in chemical reference literature; and

Vpi = Vapor pressure of the "i"th VOC compound at 20ºC, in mm Hg, as determined by §747.6; and

(b) One of the following limits after March 1, 2011, for any offset lithography or letterpress printing operation where the emissions associated with all aspects of that operation equal or exceed fifteen pounds (15 lbs) in any one (1) day actual emissions of VOC or an equivalent level before consideration of controls:

(1) Seventy percent (70%) of VOCs (by weight); or

(2) Ten millimeters of mercury (10 mm Hg) at twenty degrees Celsius (centigrade) (20° C) of VOC composite partial pressure calculated using the formula in §716.7(a)(2).

716.8 Cleaning solutions and shop towels used for cleaning shall be kept in closed containers.

716.9 Sections 716.7(b) does not apply to:

(a) Up to 110 gallons per year of cleaning solutions which meet neither §716.7(b)(1) or (2); and

(b) Cleaners used on electronic components of a press, pre-press cleaning operations (e.g. platemaking), post-press cleaning operations (e.g. binding), cleaning supplies (e.g. detergents) used to clean the floor (other than dried ink) in the area around a press, or cleaning performed in parts washers or cold cleaners.

716.10 After May 1, 1999, no person who owns, operates or leases an individual heatset web offset lithography printing operation or heatset web letterpress printing operation with a theoretical potential to emit from the dryer of more than twenty-five (25) tons per year of VOC (petroleum ink oil) before controls shall utilize dryers or inks unless the VOC emissions are reduced by:

(a) Ninety percent (90%) (by weight) overall through the use of a control device whose first installation date was before March 1, 2011;

(b) Ninety-five percent (95%) overall control efficiency for newly installed equipment or for a control device whose first installation date was on or after March 1, 2011; or

(c) If the inlet VOC concentration is so low so that §§ 716.10(a) or (b) is not achievable, reduce the control device outlet concentration to no greater than twenty parts per million by volume (20 ppmv) as hexane on a dry basis, whichever is less stringent.

716.11 Adding diluent air to the exhaust gas stream for the purpose of complying with §716.10(a) shall be prohibited.

716.12 To avoid the applicability of the limits in §716.10(b), the Department may grant a person a federally enforceable limitation on the theoretical potential to emit for any heatset web offset lithography or heatset web letterpress printing operation if the following conditions are met:

(a) The Department shall assume that twenty percent (20%) of the VOC in the inks and coatings remains in the paper web, and the volume of inks and coatings used in any heatset web offset lithography or heatset web letterpress printing operation contains less than 31.25 tons per year VOC (petroleum ink oil);

(b) The person applies for the enforceable limitation on the theoretical potential to emit with a permit application prior to March 1, 2011; and

(c) The Department shall review and approve each proposal in a permit and submit the permit to the EPA for approval as a revision to the SIP.

716.13 Section 716.10 does not apply to:

(a) Heatset offset lithographic and letterpress presses used for book printing;

(b) Heatset offset lithographic and letterpress presses with maximum web width of 22 inches or less; or

(c) Sheet-fed or coldset web inks, sheet-fed or coldset web varnishes, waterborne coatings or radiation (ultra-violet light or electronic beam) cured materials used on offset lithographic or letterpress presses.

716.14 Any person to which §716.10 applies shall install, calibrate, maintain and operate a temperature monitoring device, according to the manufacturer's instructions, at the outlet of the control device, where:

(a) The monitoring temperature shall be set during the testing required to demonstrate compliance with the applicable emission standard;

(b) Monitoring shall be performed only when the unit is operational;

(c) The temperature monitoring device shall be equipped with a continuous recorder and shall have an accuracy of five tenths degrees Fahrenheit (0.5°F);

(d) The oven pressure shall be maintained lower than the press room air pressure such that air flows into the oven at all times when the printing unit is operating; and

(e) One hundred percent (100%) emissions capture efficiency for the oven shall be demonstrated using an air flow direction measuring device.

716.15 Each person who owns, operates or leases an offset lithography or letterpress printing operation shall assure that all containers holding VOC-containing materials shall be open only when necessary and openings shall be restricted to the extent feasible.

716.16 No person who owns, operates or leases an offset lithography or letterpress printing operation shall allow the leaking of any VOC or VOC-containing material from any printing unit or associated equipment.

716.17 No person who owns, operates or leases an offset lithography or letterpress printing operation shall allow the storage or disposal of any VOC or VOC-containing material, including waste material, in a manner that will cause or allow its evaporation into the atmosphere.

716.18 To the greatest extent feasible, persons operating an offset lithography or letterpress printing units and associated equipment shall minimize their use of VOC-containing materials by restricting wasteful usage and by replacing materials with emulsions or other materials.

716.19 Any person who owns, operates, or leases any press:

(a) Subject to §716.1(b) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows:

(1) The records shall provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met;

(2) Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard; and

(3) The records shall be retained at least two (2) years from when they were originated and shall be made available to the Department on request.

(b) Subject to §716.1(c) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applicability threshold.

717 NATIONAL EMISSION STANDARDS FOR HAZARDOUS POLLUTANTS FOR SOURCE CATEGORIES is repealed and replaced with:

717 SOIL AND GROUNDWATER REMEDIATION

717.1 Any soil and groundwater remediation system is prohibited unless it operates in compliance with the requirements of this section.

717.2 For proposed soil and groundwater remediation systems or for any person who operates such a system, if total emissions are:

(a) Less than one (1) pound per day before application of any controls, no permit shall be required under 20 DCMR Chapter 2; or

(b) Greater than one (1) pound per day before application of any controls, remediation activities shall comply with any applicable requirements specified in Chapter 2 and emissions shall be controlled by at least ninety-five percent (95%).

717.3 If the Department determines that additional controls are necessary to protect public health or the environment, then such additional controls shall be specified in a Chapter 2 permit.

***

719 CONSUMER PRODUCTS – GENERAL REQUIREMENTS is amended to read as follows:

719.1 Sections 719 through 737 apply to any person who sells, supplies, offers for sale, or manufactures consumer products on or after the effective date specified in §720 for use in the District of Columbia.

719.2 For purposes of §§ 719 through 737 and of any definitions in §799 applicable to §§ 719 through 737, the District incorporates by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited. These materials are incorporated in their current versions, unless otherwise indicated in §§ 719 through 737 and 799.

719.3 Each part of §§ 719 through 737 shall be deemed severable, and if any part is held to be invalid, the remainder shall continue in full force.

720 CONSUMER PRODUCTS – VOC STANDARDS is amended to read as follows:

720.1 Except as provided in §§ 721, 735, 736 and 737, no person shall sell, supply, offer for sale, or manufacture for sale in the District of Columbia any consumer product, manufactured on or after the effective date in the following Table of Standards, which contains VOCs in excess of the limits specified in the following Table of Standards:

Table of Standards. Percent volatile organic compounds by weight:

Product Category	Effective date 1/1/2005	Effective date 3/1/2011
Adhesive Removers:
Floor and wall Covering		5
Gasket or thread locking		50
General purpose		20
Specialty		70
Adhesives:
Aerosol mist spray	65
Aerosol web spray	55
Special Purpose Spray Adhesives:
Mounting, automotive engine compartment, and flexible vinyl	70
Polystyrene foam and automotive Headliner	65
Polylolefin and laminate repair / Edgebanding	60
Construction, panel, and floor	15
Contact	80	NA
Contact General Purpose		55
Contact Special Purpose		80
General purpose	10
Structural waterproof	15
Air Fresheners:
Single-phase aerosols	30
Double-phase aerosols	25
Liquids / pump sprays	18
Solids / semisolids	3
Antiperspirants:
Aerosol	40 HVOC
	10 MVOC
Non-aerosol	0 HVOC
	0 MVOC
Anti-Static Product, non-aerosol		11
Automotive Brake Cleaners	45
Automotive Rubbing or Polishing Compound	17
Automotive Wax, Polish, Sealant or Glaze
Hard paste waxes	45
Instant detailers	3
All other forms	15
Automotive Windshield Washer Fluids	35
Bathroom and Tile Cleaners:
Aerosols	7
All other forms	5
Bug and Tar Remover	40
Carburetor or Fuel-Injection Air Intake Cleaners	45
Carpet and Upholstery Cleaners:
Aerosols	7
Non-aerosols (dilutables)	0.1
Non-aerosols (ready-to-use)	3.0
Charcoal Lighter Material	see §730
Cooking Spray:
Aerosols	18
Deodorants:
Aerosol	0 HVOC
Aerosol	10 MVOC
Non-aerosol	0 HVOC
Non-aerosol	0 MVOC
Dusting Aids:
Aerosols	25
All other forms	7
Electrical Cleaner		45
Electronic Cleaner		75
Engine Degreasers:
Aerosol	35
Non-aerosol	5
Fabric Protectants	60
Fabric Refresher:
Aerosol		15
Non-aerosol		6
Floor Polishes / Waxes:
Products for flexible flooring materials	7
Products for non-resilient flooring	10
Wood floor wax	90
Floor Wax Strippers:
Non-Aerosol	see §731
Footwear or Leather Care Products:
Aerosol		75
Solid		55
Other forms		15
Furniture Maintenance Products:
Aerosols	17
All other forms except solid or paste	7
General Purpose Cleaners:
Aerosols	10
Non-aerosols	4
General Purpose Degreasers:
Aerosols	50
Non-aerosols	4
Glass Cleaners:
Aerosols	12
Non-aerosols	4
Graffiti Remover:
Aerosols		50
Non-aerosols		30
Hair Mousses	6
Hair Shines	55
Hairsprays	55
Hair Styling Gels	6
Hair Styling Products:
Aerosol and pump sprays		6
All other forms		2
Heavy-Duty Hand Cleaners or Soaps	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
Foggers	45
Lawn and garden (all other forms)	20
Lawn and garden (non-aerosol)	3
Wasp and hornet	40
Laundry Prewashes:
Aerosols / solids	22
All other forms	5
Laundry Starch Products	5
Metal Polishes / Cleansers	30
Multi-Purpose Lubricants (excluding solid or semi-solid products)	50
Nail Polish Removers	75
Non-Selective Terrestrial Herbicides:
Non-aerosols	3
Oven Cleaners:
Aerosols / pump sprays	8
Liquids	5
Paint Remover or Strippers	50
Penetrants	50
Rubber and Vinyl Protectants:
Non-aerosols	3
Aerosols	10
Sealants and Caulking Compounds	4
Shaving Creams	5
Shaving Gel		7
Silicone-Based Multi-Purpose Lubricants (excluding solid or semi-solid products)	60
Spot Removers:
Aerosols	25
Non-aerosols	8
Tire Sealants and Inflators	20
Toilet/Urinal Care:
Aerosols		10
Non-aerosol		3
Undercoatings:
Aerosols	40
Wood Cleaner:
Aerosol		17
Non-Aerosol		4

Note: NA = Not applicable after March 1, 2011

721 CONSUMER PRODUCTS – EXEMPTIONS FROM VOC STANDARDS is amended to read as follows:

721.1 The following are exempt from the Table of Standards in §720:

(a) Any consumer product manufactured in the District of Columbia for shipment and use outside of the District of Columbia;

(b) A consumer product that does not comply with the VOC standards specified in §720, provided that the manufacturer or distributor who sells, supplies, or offers the product for sale in the District of Columbia meets the requirements of this section and demonstrates that:

(1) The consumer product is intended for shipment and use outside of the District of Columbia; and

(2) The manufacturer or distributor has taken reasonable precautions to ensure that the consumer product is not distributed in the District of Columbia;

(d) Fragrances up to a combined level of two percent (2%) by weight contained in any consumer product and colorants up to a combined level of two percent (2%) by weight contained in any antiperspirant or deodorant;

(e) Antiperspirants or deodorants that contain VOCs of more than ten (10) carbon atoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of two millimeters of mercury (2 mm Hg) or less at twenty degrees Celsius (20^oC);

(f) Any low-vapor-pressure VOC (LVP-VOC) as defined in §799;

(g) Air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under §799, or exempted under §721.1(f) above;

(h) Insecticides containing at least ninety-eight percent (98%) para-dichlorobenzene;

(i) Until March 1, 2011, solid air fresheners containing at least ninety-eight percent (98%) para-dichlorobenzene;

(j) Adhesives sold in containers of one (1) fluid ounce or less;

(k) Bait station insecticides which, for the purpose of this section, are containers enclosing an insecticidal bait that is not more than 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than five percent (5%) active ingredients;

(l) Any consumer product where the manufacturer has been granted an Alternative Control Plan (ACP) Agreement by CARB under the provisions in Subchapter 8.5, Article 4, §§ 94540-94555, of Title 17 of the California Code of Regulations. This exemption shall be for the period of time that the CARB ACP Agreement remains in effect provided that all ACP Products within the CARB ACP Agreement are listed in the Table of Standards in §720 and the manufacturer complies with §735, Alternative Control Plans;

(m) Any consumer product where the manufacturer has been granted an innovative product exemption by CARB under the Innovative Products provisions in Subchapter 8.5, Article 2, §94511, or Subchapter 8.5, Article 1, §94503.5 of Title 17 of the California Code of Regulations. This exemption shall be for the period of time that the CARB Innovative Products exemption remains in effect provided that all consumer products within the CARB Innovative Products exemption are listed in the Table of Standards in §720 and the manufacturer complies with §736, Innovative Products Exemption; and

(n) Any consumer product where the manufacturer has been granted an alternative control plan agreement, an innovative product exemption or a variance by the Department pursuant to §§ 735 through 737.

722 CONSUMER PRODUCTS – REGISTERED UNDER FIFRA is amended to read as follows:

722.1 For consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. §136‑136y), the effective date of the VOC standards is one year after the date specified in §720.

723 CONSUMER PRODUCTS – PRODUCTS REQUIRING DILUTION is amended to read as follows:

723.1 Consumer products wherein the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent before use shall comply with the following:

(a) Limits specified in the Table of Standards in §720 shall apply to the product only after the minimum recommended dilution has taken place; and

(b) 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.

723.2 Consumer products wherein the label, packaging, or accompanying literature states that the product should be diluted with any VOC solvent prior to use, shall comply with the limits specified in the Table of Standards in §720, only after the maximum recommended dilution has taken place.

724 CONSUMER PRODUCTS – OZONE DEPLETING COMPOUNDS is amended to read as follows:

724.1 For any consumer product for which standards are specified under the Table of Standards in §720, no person shall sell, supply, offer for sale, or manufacture for sale in the District of Columbia any consumer product which may contain any of the following ozone depleting compounds:

(a) CFC‑11 (trichlorofluoromethane);

(b) CFC‑12 (dichlorodifluoromethane);

(d) CFC‑114 (1‑chloro‑1,1‑difluoro‑2‑chloro‑2,2‑difluoroethane);

(e) CFC‑115 (chloropentafluoroethane);

(f) Halon 1211 (bromochlorodifluoromethane);

(g) Halon 1301 (bromotrifluoromethane);

(h) Halon 2402 (dibromotetrafluoroethane);

(i) HCFC‑22 (chlorodifluoromethane);

(j) HCFC‑123 (2,2‑dichloro‑1,1,1‑trifluoroethane);

(k) HCFC‑124 (2‑chloro‑1,1,1,2‑tetrafluoroethane);

(l) HCFC‑141b (1,1‑dichloro‑1‑fluoroethane);

(m) HCFC‑142b (1‑chloro‑1, 1‑difluoroethane); and

(n) 1,1,1‑trichloroethane, and carbon tetrachloride.

724.2 The requirements of this section shall not apply to any existing product formulation that complies with the Table of Standards in §720 or any existing product formulation that is reformulated to meet the Table of Standards in §720, provided the ozone depleting compound content of the reformulated product does not increase.

724.3 The requirements of this section shall not apply to any ozone depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than one one-hundredth of one percent (0.01%) by weight of the product.

725 CONSUMER PRODUCTS – AEROSOL ADHESIVES is amended to read as follows:

725.1 The standards for aerosol adhesives specified in the Table of Standards in §720 apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses.

725.2 Except as otherwise provided in §§ 721, 736, and 737, no person shall sell, supply, offer for sale, use or manufacture for sale in the District of Columbia any aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the standards specified in the Table of Standards in §720.

725.3 In order to qualify as a “Special Purpose Spray Adhesive,” the product shall meet one or more definitions for “Special Purpose Spray Adhesive” specified in §799, but if the product label indicates that the product is suitable for use on any substrate or application not listed in one of the definitions for “Special Purpose Spray Adhesive,” then the product shall be classified as either a “Web Spray Adhesive” or a “Mist Spray Adhesive.”

725.4 If a product meets more than one of the definitions specified in §799 for special purpose spray adhesive, and is not classified as a web spray adhesive or mist spray adhesive under §799, then the VOC limit should be the lowest applicable VOC limit specified in the Table of Standards in §720.

725.5 No person shall sell, supply, offer for sale, or manufacture for use in District of Columbia any aerosol adhesives that contain methylene chloride, perchloroethylene, or trichloroethylene.

725.6 All aerosol adhesives shall comply with the labeling requirements specified in §732.

726 CONSUMER PRODUCTS – ANTIPERSPIRANTS OR DEODORANTS is amended to read as follows:

726.1 No person shall sell, supply, offer for sale, or manufacture for sale in the District of Columbia any antiperspirant or deodorant which contains any compound that has been identified by CARB in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 7, §93000, as a toxic air contaminant.

727 CONSUMER PRODUCTS – CHARCOAL LIGHTER MATERIALS is repealed and replaced with:

727 CONSUMER PRODUCTS – CONTACT ADHESIVES, ELECTRONIC CLEANERS, FOOTWEAR AND LEATHER CARE PRODUCTS, AND GENERAL PURPOSE DEGREASERS

727.1 Except as provided in sections §§ 727.2 and 727.4, no person shall sell, supply, offer for sale, or manufacture for use in the District of Columbia any contact adhesive, electronic cleaner, footwear or leather care product, or general purpose degreaser that contains methylene chloride, perchloroethylene, or trichloroethylene.

727.2 Contact adhesives, electronic cleaners, footwear or leather care products, or general purpose degreasers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before March 1, 2011, may be sold, supplied, or offered for sale until January 1, 2012, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with §732.

727.3 Any person who sells or supplies a consumer product identified above in §727.1 shall notify the purchaser of the product, in writing, that the sell-through period for that product will end on January 1, 2012, provided, however, that this notification must be given only if both of the following conditions are met:

(a) The product is sold or supplied through a distributor or retailer; and

(b) The product is sold or supplied on or after June 30, 2011.

727.4 The requirements of §§ 727.1 and 721.3 shall not apply to any contact adhesives, electronic cleaner, footwear or leather care product, or general purpose degreaser containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than one one-hundredth of a percent (0.01%) by weight.

728 CONSUMER PRODUCTS – FLOOR WAX STRIPPERS is repealed and replaced with:

728 CONSUMER PRODUCTS – ADHESIVE REMOVERS, ELECTRICAL CLEANERS, AND GRAFFITI REMOVERS

728.1 Except as provided in §§ 728.2 and 728.4, effective March 1, 2011, no person shall sell, supply, offer for sale, or manufacture for use in the District of Columbia any adhesive remover, electrical cleaner, or graffiti remover that contains methylene chloride, perchloroethylene, or trichloroethylene.

728.2 Adhesive removers, electrical cleaners, and graffiti removers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before March 1, 2011, may be sold, supplied, or offered for sale until January 1, 2012, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with §732.

728.3 Any person who sells or supplies a consumer product identified above in §728.1 must notify the purchaser of the product, in writing, that the sell-through period for that product will end on January 1, 2012, provided however, that this notification must be given only if both of the following conditions are met:

(a) The product is sold or supplied through a distributor or retailer; and

(b) The product is sold or supplied on or after June 30, 2011.

728.4 The requirements of §§ 728.1 and 728.3 shall not apply to any adhesive remover, electrical cleaner, or graffiti remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than one one-hundredth of a percent (0.01%) by weight.

729 CONSUMER PRODUCTS – LABELING OF CONTENTS is repealed and replaced with:

729 CONSUMER PRODUCTS – SOLID AIR FRESHENERS AND TOILET / URINAL CARE PRODUCTS

729.1 Effective March 1, 2011, no person shall sell, supply, offer for sale, or manufacture for use in the District of Columbia any solid air fresheners or toilet/urinal care products that contain para-dichlorobenzene.

730 CONSUMER PRODUCTS – REPORTING REQUIREMENTS is repealed and replaced with:

730 CONSUMER PRODUCTS – CHARCOAL LIGHTER MATERIALS

730.1 No person shall sell, supply, or offer for sale any charcoal lighter material product unless at the time of the transaction:

(a) The manufacturer can demonstrate 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;

(1) This certification remains in effect for the District of Columbia for as long as the CARB certification remains in effect; and

(2) Any manufacturer claiming such a certification on this basis must submit to the Department 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 has been issued a currently effective certification by the Department pursuant to this section;

(c) The charcoal lighter material meets the formulation criteria and other conditions specified in an applicable Alternative Control Plan (ACP) Agreement issued pursuant to this section; and

(d) The product usage directions for the charcoal lighter material are the same as those provided to the Department pursuant to this section.

730.2 No charcoal lighter material formulation shall be certified under this section unless the applicant for certification demonstrates to the Department’s satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter material are less than or equal to two one hundredths of a pound (0.02 lbs) of VOC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174, Ignition Method Compliance Certification Protocol, dated February 27, 1991 (the South Coast Air Quality Management District Rule 1174 Testing Protocol).

730.3 The Department 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 Test Protocol.

730.4 The provisions relating to LVP-VOC in §799 and §721.1(f) shall not apply to any charcoal lighter material subject to the requirements of this section.

730.5 For certification of a charcoal lighter material formulation, the application shall be in writing and shall include, at a minimum, the following:

(a) The results of testing conducted pursuant to the procedures specified in South Coast Air Quality Management District Rule 1174 Testing Protocol as required in §730.2;

(b) The exact text or graphics that will appear on the charcoal lighter material's principal display panel, label, and any accompanying literature;

(c) Clearly displayed product usage instructions that accurately reflect the quantity of charcoal lighter material per pound that was used in the South Coast Air Quality Management District Rule 1174 Testing Protocol for that product, unless:

(1) 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

(2) The charcoal lighter material is already incorporated into the charcoal, including but not limited to certain bag light, instant light, or match light products;

(d) For a charcoal lighter material which meets the criteria specified in §730.5(c)(1), the usage instructions provided to the Department shall accurately reflect the quantity of charcoal lighter material used in the South Coast Air Quality Management District Rule 1174 Testing Protocol for that product; and

(e) Any physical property data, formulation data, or other information required by the Department for use in determining when a product modification has occurred and for use in determining compliance with the conditions specified in an Alternative Control Plan (ACP) Agreement issued pursuant to §735.

730.6 The Department shall comply with the following requirements for approving an application for certification:

(a) Within thirty (30) days of receipt of an application, the Department shall advise the applicant in writing either that the application is complete or that specified additional information is required to make it complete;

(b) Within thirty (30) days of receipt of additional information, the Department shall advise the applicant in writing either that the application is complete, or that specified additional information or testing is required before it can be deemed complete; and

(c) If the Department finds that an application meets the requirements of this section, then the Department shall issue an ACP Agreement certifying the charcoal lighter material formulation and specifying such conditions as are necessary to ensure that the requirements of this section are met. The Department shall act on a complete application within ninety (90) days after the application is deemed complete.

730.7 For any charcoal lighter material for which certification has been granted by the Department pursuant to this section, the applicant for certification shall notify the Department in writing within thirty (30) days of:

(a) Any change in the usage directions; or

(b) Any change in product formulation, test results, or any other information submitted pursuant to this section which may result in VOC emissions greater than two one hundredths of a pound (0.020 lb) of VOC per start.

730.8 If the Department determines that any certified charcoal lighter material formulation results in a VOC emission from the ignition of charcoal that is greater than two one hundredths of a pound (0.020 lb) of VOC per start, as determined by the South Coast Air Quality Management District Rule 1174 Testing Protocol, and the statistical analysis procedures contained therein, the Department shall revoke or modify the certification as necessary to ensure that the charcoal lighter material will result in VOC emissions of less than or equal to 0.020 lb of VOC per start.

730.9 The Department shall not revoke or modify a certification issued pursuant to this section without first affording the person granted the certification an opportunity for a hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §2-501 et seq, to determine if the certification should be modified or revoked.

731 CONSUMER PRODUCTS - TEST METHODS is repealed and replaced with:

731 CONSUMER PRODUCTS – FLOOR WAX STRIPPERS

731.1 No person shall sell, supply, offer for sale, or manufacture for use in District of Columbia any floor wax stripper unless the following requirements are met:

(a) The label of each non-aerosol floor wax stripper specifies a dilution ratio for light or medium build-up of polish that results in an as-used VOC concentration of three percent (3%) by weight or less;

(b) The label of each non-aerosol floor wax stripper specifies a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of twelve percent (12%) by weight or less, if the floor wax stripper is also intended to be used for removal of heavy build-up of polish; and

(c) The terms “light build-up”, “medium build-up” or “heavy build-up” are not specifically required on the label, as long as comparable terminology is used.

732 CONSUMER PRODUCTS - ALTERNATIVE CONTROL PLANS is repealed and replaced with:

732 CONSUMER PRODUCTS – LABELING OF CONTENTS

732.1 Each manufacturer of a consumer product subject to §§ 719 through 737 shall clearly display on each consumer product container or package, the day, month, and year on which the product was manufactured, or a code indicating such date.

732.2 A manufacturer who uses the following code to indicate the date of manufacture shall not be subject to the requirements of §732.1, if the code is represented separately from other codes on the product container so that it is easily recognizable:

YY DDD = year year day day day

where:

“YY” = two digits representing the year in which the product was manufactured; and

“DDD” = three digits representing the day of the year on which the product was manufactured, with “001”representing the first day of the year, “002” representing the second day of the year, and so forth (i.e. the “Julian date”).

732.3 The date or date-code information shall be displayed on each consumer product container or package no later than twelve (12) months before the effective date of the applicable standard specified in the Table of Standards in §720.

732.4 The date or date-code information shall be located on the container or inside the cover/cap so that it is readily observable or obtainable by simply removing the cap/cover without irreversibly disassembling any part of the container or packaging.

732.5 For the purposes of this section, information may be displayed on the bottom of the container as long as it is clearly legible without removing any product packaging.

732.6 The requirements of §§ 732.1 through 732.5 shall not apply to products containing VOCs at one tenth of a percent (0.10%) by weight or less, or products exempted from the definition of VOCs in §799.

732.7 If a manufacturer uses a code to indicate the date of manufacture, for any consumer product subject to §720, the manufacturer shall provide an explanation of the date portion of the code to the Department no later than twelve (12) months before the effective date of the applicable standard specified in the Table of Standards in §720.

732.8 If a manufacturer changes any code indicating the date of manufacture for any consumer product subject to §732.7, an explanation of the modified code must be submitted to the Department before any products displaying the modified code are sold, supplied, or offered for sale in the District of Columbia.

732.9 No person shall erase, alter, deface, or otherwise remove or make illegible any date or code indicating the date of manufacture from any regulated product container without the express authorization of the manufacturer.

732.10 Date code explanations for codes indicating the date of manufacture are public information and may not be claimed as confidential.

732.11 Notwithstanding the definition of the term “product category” in §799, if anywhere on the principal display panel of any consumer product manufactured before March 1, 2011, or any FIFRA registered insecticide manufactured before January 1, 2010, any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in the Table of Standards in §720, then the lowest VOC limit shall apply. This requirement does not apply to general purpose cleaners, antiperspirant or deodorant products and insecticide foggers.

732.12 Notwithstanding the definition of “product category” in §799, if anywhere on the container or packaging of any consumer product manufactured on or after March 1, 2011, or any FIFRA registered insecticide manufactured on or after January 1, 2010, or any sticker or label affixed thereto, any representation is made that the product may be used, or is suitable for use as a consumer product for which a lower VOC content limit is specified in the Table of Standards in §720, then the lowest VOC limit shall apply. This requirement does not apply to general all purpose cleaners, antiperspirant or deodorant and insecticide foggers.

732.13 Both the manufacturer and responsible party for each aerosol adhesive, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, and contact adhesive product subject to §§ 719 through 737 shall comply with §§ 732.1 through 732.12 and §733 and ensure that all consumer products clearly display the following information on the container for each product which is manufactured on or after the effective date for the category specified in the Table of Standards in §720:

(a) The product category as specified in §720 or an abbreviation of the category;

(b) The VOC standard for the product as specified in the Table of Standards in §720, except for energized electrical cleaner, expressed as a percentage of weight, unless the product is included in an alternative control plan approved by the Department, as provided in §732.12, and the product exceeds the applicable VOC standard:

(1) If the product is included in an approved Alternative Control Plan (ACP) pursuant to §735, the product shall be labeled with the term “ACP” or “ACP product”; or

(2) If the product is classified as a special purpose spray adhesive, the substrate and /or application or an abbreviation of the substrate / application that qualifies the product as special purpose shall be displayed;

(c) An explanation of the abbreviation used pursuant to §732.12 must be filed with the Department before the abbreviation is used;

(d) The information required in this section shall be displayed on the product container such that it is readily observable without removing or disassembling any portion of the product container or packaging. For the purposes of this subsection, information may be displayed on the bottom of a container as long as it is clearly legible without removing any product packaging; and

(e) No person shall remove, alter, conceal, or deface the information required in this section before final sale of the product.

733 CONSUMER PRODUCTS - INNOVATIVE PRODUCTS EXEMPTION is repealed and replaced with:

733 CONSUMER PRODUCTS – REPORTING REQUIREMENTS

733.1 Upon ninety (90) days written notice, the Department may require any responsible party to report information for any consumer product or products the Department may specify. Such report may include, but is not limited to, the following information:

(a) The company name, address, telephone number, and designated contact person of the responsible party;

(b) Any claim of confidentiality made pursuant to applicable District of Columbia confidentiality requirements in 20 DCMR 106;

(d) The product category to which the consumer product belongs pursuant to the Table of Standards in §720;

(e) The applicable product form(s) listed separately;

(f) An identification of each product brand name and form as a “Household Product”, “Industrial and Institutional Product”, or both;

(g) Separate District of Columbia sales calculated in VOC pounds per year, to the nearest pound, and the method used to calculate District of Columbia sales for each product form;

(h) For information submitted by multiple companies, an identification of each company which is submitting relevant data separate from that submitted by the responsible party;

(i) For each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following, rounded to the nearest one‑tenth of a percent (0.1%):

(1) Total Table B compounds;

(2) Total LVP-VOCs that are not fragrances;

(3) Total of all other carbon‑containing compounds that are not fragrances;

(4) Total of all non‑carbon‑containing compounds;

(5) Total fragrance;

(6) For products containing greater than two percent (2%) by weight fragrance the percent of fragrance that are LVP-VOCs; and the percent of fragrance that are all other carbon‑containing compounds; and

(7) Total paradichlorobenzene;

(j) For each product brand name and form, the identity, including the specific chemical name and associated Chemical Abstracts Service (CAS) number, of the following:

(1) Each Table B compound; and

(2) Each LVP-VOC that is not a fragrance;

(k) If applicable, the weight percent comprised of propellant for each product; and

(l) If applicable, an identification of the type of propellant indicating whether it is Type A, Type B, Type C, or a blend of each type.

733.2 In addition to the requirements of §733.1(j), the responsible party shall report or arrange to have reported to the Department the net percent by weight of each ozone‑depleting compound that is:

(a) Listed in §724.1; and

(b) Contained in a product subject to reporting under §733.1 in any amount greater than one tenth of a percent (0.1%) by weight.

733.3 If the responsible party does not have or does not provide the information requested in §§ 733.1 and 733.2, the Department may require the reporting of this information by the person that has the information including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

733.4 All information submitted by any person pursuant to §733 shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR 106.

733.5 Consumer products that contain perchloroethylene or methylene chloride shall comply with the following special reporting requirements:

(a) The requirements of this section shall apply to all responsible parties for consumer products that are subject to the Table of Standards in §720 and contain perchloroethylene or methylene chloride and energized electrical cleansers as defined in §799, that contain perchloroethylene or methylene chloride;

(b) For the purposes of this subsection, a product contains perchloroethylene or methylene chloride if the product contains one percent (1.0%) or more by weight, exclusive of the container or packaging, of either perchloroethylene or methylene chloride;

(c) For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold in District of Columbia during each calendar year, beginning with the year 2005, and ending with the year 2010:

(1) The product brand name and a copy of the product label with legible usage instructions;

(2) The product category to which the consumer product belongs pursuant to the Table of Standards in §720;

(3) The applicable product form(s) listed separately;

(4) For each product form listed in §733.5(c)(3), the total sales in the District of Columbia during the calendar year, to the nearest pound in VOCs, exclusive of the container or packaging, and the method used for calculating the District of Columbia sales; and

(5) The weight percent, to the nearest one tenth of a percent (0.1%), of perchloroethylene and methylene chloride in the consumer product; and

(d) The information specified in §733.5(c) shall be reported for each calendar year by March 1 of the following year. The first report shall be due on March 1, 2006, for calendar year 2005. A new report is due on March 1 of each year thereafter, until March 1, 2011, when the last report is due.

734 CONSUMER PRODUCTS - VARIANCE REQUESTS is repealed and replaced with:

734 CONSUMER PRODUCTS – TEST METHODS

734.1 Testing to determine compliance with the requirements of §§ 720 through 737 shall be performed using CARB Method 310, Determination of Volatile Organic Compounds (VOCs) in Consumer Products, adopted September 25, 1997, and as last amended on May 5, 2005, including any subsequent amendments, incorporated herein by reference. The requirements of Sections 3.5, 3.6, and 3.7 of CARB Method 310 define a process for the initial determination of VOC content, the determination of LVP VOC status of compounds and mixtures, and the final determination of VOC content, and are incorporated in paragraphs (a) through (c) of this subsection as follows:

(a) Pursuant to Section 3.5 of CARB Method 310, Initial Determination of VOC Content, the Department shall determine the VOC content pursuant to Sections 3.2 and 3.3 of CARB Method 310. Only those components with concentrations equal to or greater than one tenth of a percent (0.1%) by weight shall be reported:

(1) Pursuant to Section 3.5.1 of CARB Method 310, using the appropriate formula specified in Section 4 of CARB Method 310, the Department shall make an initial determination of whether the product meets the applicable VOC standards specified in CARB regulations. If initial results show that the product does not meet the applicable VOC standards, the Department may require additional testing to confirm the initial results;

(2) Pursuant to Section 3.5.2 of CARB Method 310, if the results obtained under Section 3.5.1 of CARB Method 310 show that the product does not meet the applicable VOC standards, the Department shall request that the product manufacturer or responsible party supply product formulation data:

(A) The manufacturer or responsible party shall supply the requested information; and

(B) Information submitted to the Department may be claimed as confidential in accordance with the District of Columbia confidentiality requirements in 20 DCMR 106;

(3) Pursuant to Section 3.5.3 of CARB Method 310, if the information supplied by the manufacturer or responsible party shows that the product does not meet the applicable VOC standards, then the Department will take appropriate enforcement action; and

(4) Pursuant to Section 3.5.4 of CARB Method 310, if the manufacturer or responsible party fails to provide formulation data as specified in Section 3.5.2 of CARB Method 310, the initial determination of VOC content under Section 3.5 of CARB Method 310 shall determine if the product is in compliance with the applicable VOC standards. This determination may be used to establish a violation of District of Columbia regulations;

(b) Pursuant to Section 3.6 of CARB Method 310, Determination of the LVP-VOC Status of Compounds and Mixtures, Section 3.6 of CARB Method 310 does not apply to antiperspirants and deodorants or aerosol coating products because there is no LVP-VOC exemption for these products;

(1) Pursuant to Section 3.6.1 of CARB Method 310, Formulation Data, if the vapor pressure is unknown, the following ASTM methods may be used to determine the LVP-VOC status of compounds and mixtures: ASTM D 86-04b, ASTM D 850-00, ASTM D 1078-01, ASTM D 2879-97), as modified in Appendix B to Method 310, ASTM D 2887-01 and ASTM E 1719-97, including any subsequent amendments;

(2) Pursuant to Section 3.6.2 of CARB Method 310, LVP-VOC Status of Compounds or Mixtures, the Department will test a sample of the LVP-VOC used in the product formulation to determine the boiling point for a compound or for a mixture;

(A) If the boiling point exceeds two hundred sixteen degrees Celsius (216^oC), the compound or mixture is an LVP-VOC;

(B) If the boiling point is less than two hundred sixteen degrees Celsius (216^oC), then the weight percent of the mixture that boils above 216^oC is an LVP-VOC; and

(C) The Department will use the nearest five percent (5%) distillation cut that is greater than 216^oC as determined under Section 3.6.1 of CARB Method 310 to determine the percentage of the mixture qualifying as an LVP-VOC; and

(3) Pursuant to Section 3.6.3 of CARB Method 310, Reference Method for Identification of LVP-VOC Compounds and Mixtures, if a product does not qualify as an LVP-VOC under Section 3.6.2 of CARB Method 310, the Department will test a sample of the compound or mixture used in a products formulation utilizing one or both of the following: ASTM D 2879-97, as modified in Appendix B to Method 310, and ASTM E 1719-97, to determine if the compound or mixture meets the CARB requirements in §94508(91)(A) of Title 17 of the California Code of Regulations including any subsequent amendments; and

(c) Pursuant to Section 3.7 of CARB Method 310, Final Determination of VOC Content, if a product’s compliance status is not satisfactorily resolved under Sections 3.5 and 3.6 of CARB Method 310, the Department will conduct further analyses and testing as necessary to verify the formulation data:

(1) Pursuant to Section 3.7.1 of CARB Method 310, if the accuracy of the supplied formulation data is verified and the product sample is determined to meet the applicable VOC standards, then no enforcement action for a violation of the VOC standards will be taken;

(2) Pursuant to Section 3.7.2 of CARB Method 310, if the Department is unable to verify the accuracy of the supplied formulation data, then the Department will request that the product manufacturer or responsible party supply information to explain the discrepancy; and

(3) Pursuant to Section 3.7.3 of CARB Method 310, if a discrepancy exists that cannot be resolved between the results of CARB Method 310 and the supplied formulation data, then the results of CARB Method 310 shall take precedence over the supplied formulation data. The results of CARB Method 310 shall then determine if the product is in compliance with the applicable VOC standards, and may be used to establish a violation of District of Columbia regulations.

734.2 Alternative methods that are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the Department.

734.3 Testing to determine compliance with the requirements of §§ 734 through 737 may also be demonstrated through calculation of the VOC content from records of the amounts of constituents used to make the product pursuant to the following criteria:

(a) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records must be kept for at least three (3) years;

(b) For the purposes of this section, the VOC content shall be calculated according to the following equation:

VOC Content = B - C x 100

where:

A = total net weight of unit, excluding container and packaging;

B = total weight of all VOCs, as defined in §799, per unit;

C = total weight of VOCs exempted under §721, per unit;

(c) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence over the product records and may be used to establish a violation of District of Columbia regulations.

734.4 Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359‑90(2000)e1, including any subsequent amendments, which are incorporated by reference herein.

734.5 Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991), including any subsequent amendments, which are incorporated by reference herein.

734.6 Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86‑04b, including any subsequent amendments, which are incorporated by reference herein.

734.7 No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other tests, processes, or records used in connection with product manufacture.

735 PORTABLE FUEL CONTAINERS AND SPOUTS – GENERAL
REQUIREMENTS is repealed and replaced with:

735 CONSUMER PRODUCTS – ALTERNATIVE CONTROL PLANS

735.1 This section provides an alternate method to comply with the Table of Standards specified in §720. This alternative is provided by allowing responsible parties the option of voluntarily entering into separate Alternative Control Plan (ACP) Agreements for consumer products, identified in §§ 719 through 737. Only responsible ACP parties for consumer products may enter into an ACP.

735.2 Any manufacturer of consumer products which has been granted an ACP Agreement by CARB under the provisions in Subchapter 8.5, Article 4, §§ 94540-94555, of Title 17 of the California Code of Regulations, shall be exempt from the Table of Standards in §720 for the period of time that the CARB ACP Agreement remains in effect, provided that all ACP Products within the CARB ACP Agreement are contained in the Table of Standards in §720 of this chapter. Any manufacturer claiming such an ACP Agreement must submit to the Department a copy of the CARB ACP decision including the executive order and all conditions established by CARB applicable to the exemption.

735.3 Manufacturers that have been granted an ACP Agreement under the ACP provision in Subchapter 8.5, Article 4, §§ 94540-94555, of Title 17 of the California Code of Regulations based on California specific data, or that have not been granted an exemption by the CARB, may apply to the Department for an ACP Agreement in accordance with §§ 735.4 to 735.23.

735.4 An application for an ACP shall be submitted in writing to the Department by the responsible ACP party and shall contain all of the following information:

(a) An identification of the contact persons, phone numbers, names and addresses of the responsible ACP party that is submitting the ACP application and will be implementing the ACP requirements specified in the ACP Agreement;

(b) A statement of whether the responsible ACP party is a small business or a one-product business, as defined in §799;

(c) A listing of the exact product brand name, form, available variations including but not limited to flavors, scents, colors, and sizes, and applicable product categories for each distinct product that is proposed for inclusion in the ACP;

(d) A demonstration to the satisfaction of the Department that the enforceable sales records used by the responsible ACP party to track product sales for each proposed ACP product identified in paragraph (c) of this subsection meet the minimum criteria of seventy-five percent (75%) of the gross District of Columbia sales as specified in subparagraph (d)(5) of this subsection. To provide this demonstration, the responsible ACP party shall meet all of the following requirements:

(1) Provide the contact persons, phone numbers, names, street and mail addresses of all persons and businesses who will provide information that will be used to determine the enforceable sales;

(2) Determine the enforceable sales of each product using enforceable sales records as defined in §799;

(3) Demonstrate to the satisfaction of the Department the validity of the enforceable sales based on enforceable sales records provided by the contact persons or the responsible ACP party;

(4) Calculate the percentage of the gross District of Columbia sales, as defined in §799, that is comprised of enforceable sales; and

(5) Determine which ACP products have enforceable sales that are seventy-five percent (75%) or more of the gross District of Columbia sales. Only ACP products meeting these criteria shall be allowed to be sold in the District of Columbia under an ACP;

(e) For each of the ACP products identified in subparagraph (d)(5) of this subsection:

(1) Legible copies of the existing labels for each product; and

(2) The VOC content and LVP content for each product for the following time periods:

(A) At the time the application for an ACP is submitted; and

(B) At any time within the four (4) years before the date of submittal of the application for an ACP, if either the VOC or LVP contents have varied by more than plus or minus ten percent (+/- 10%) of the VOC or LVP contents reported in §735.4(e)(2)(A);

(f) A written commitment obligating the responsible ACP party to date code every unit of each ACP product approved for inclusion in the ACP. The commitment shall require the responsible ACP party to display the date-code on each ACP product container or package no later than five (5) working days after the date an approved ACP is signed by the Department;

(g) An operational plan covering all the products identified under subparagraph (d)(5) of this subsection for each compliance period that the ACP will be in effect. The operational plan shall contain all of the following:

(1) An identification of the compliance periods and dates for the responsible ACP party to report the information required by the Department in the ACP Agreement approving an ACP;

(A) The length of the compliance period shall be chosen by the responsible ACP party provided, however, that no compliance period shall be longer than three hundred sixty-five (365) days; and

(B) The responsible ACP party shall also choose the dates for reporting information such that all required VOC content and enforceable sales data for ACP products shall be reported to the Department at the same time and at the same frequency;

(2) An identification of specific enforceable sales records to be provided to the Department for enforcing the provisions of §§ 719 through 737 and the ACP Agreement approving an ACP. The enforceable sales records shall be provided to the Department no later than the compliance period dates specified in subparagraph (g)(1) of this subsection;

(3) For a small business or a one-product business that will be relying to some extent on surplus trading to meet its ACP limits, a written commitment from the responsible ACP parties that they will be transferring the surplus reductions to the small business or one-product business upon approval of the ACP;

(4) For each ACP product, all VOC content levels which will be applicable for the ACP product during each compliance period;

(5) The plan shall also identify the specific method(s) by which the VOC content will be determined and the statistical accuracy and precision, including repeatability and reproducibility, calculated for each specified method;

(6) The projected enforceable sales for each ACP product and the different VOC contents for each compliance period that the ACP will be in effect;

(7) A detailed demonstration showing the combination of specific ACP reformulations or surplus trading, if applicable, that is sufficient to ensure that the ACP emissions will not exceed the ACP limit for each compliance period that the ACP will be in effect, the approximate date within each compliance period that such reformulations or surplus trading are expected to occur, and the extent to which the VOC contents of the ACP products will be reduced (i.e. by ACP reformulation);

(A) This demonstration shall use the equations specified in §799 for projecting the ACP emissions and ACP limits during each compliance period; and

(B) This demonstration shall also include all VOC content levels and projected enforceable sales for all ACP products to be sold in the District of Columbia during each compliance period;

(8) A certification that all reductions in the VOC content of a product will be real, actual reductions that do not result from changing product names, mischaracterizing ACP product reformulations that have occurred in the past, or any other attempts to circumvent the provisions of §§ 719 through 737;

(9) Written explanations of the date-codes that will be displayed on each ACP product container or packaging;

(10) A statement of the approximate dates by which the responsible ACP party plans to meet the applicable ACP VOC standards for each product in the ACP; and

(11) A plan for reconciling shortfalls that commits the responsible ACP party to completely reconcile any shortfalls in all cases, even, to the extent permitted by law, if the responsible ACP party files for bankruptcy protection. The plan for reconciliation of shortfalls shall contain:

(A) A clear and convincing demonstration of how shortfalls of up to five, ten, fifteen, twenty-five, fifty, seventy-five, and one hundred percent (5%, 10%, 15%, 25%, 50%, 75% and 100%) of the applicable ACP Limit will be completely reconciled within ninety (90) days from the date the shortfall is determined;

(B) A listing of the specific records and other information that will be necessary to verify that the shortfalls were reconciled as specified in this paragraph; and

(C) A commitment to provide any record or information requested by the Department to verify that the shortfalls have been completely reconciled; and

(h) A declaration, signed by a legal representative for the responsible ACP party, stating that all information and operational plans submitted with the ACP application are true and correct.

735.5 In accordance with the time periods specified in §735.7, the Department shall issue an ACP Agreement approving an ACP application that meets the requirements of §§ 719 through 737. The Department shall specify such terms and conditions as are necessary to ensure that the emissions from the ACP products do not exceed the emissions that would have occurred if the ACP products subject to the ACP had met the VOC standards specified in the Table of Standards in §720. The ACP Agreement shall also include:

(a) Only those ACP products for which the enforceable sales are at least seventy-five percent (75%) of the gross District of Columbia sales, as determined in §735.4(d);

(b) A reconciliation of shortfalls plan meeting the requirements of §735.4(g)(11); and

(c) Operational terms, conditions, and data to be reported to the Department to ensure that all requirements of §§ 719 through 736 are met.

735.6 The Department shall not approve an ACP submitted by a responsible ACP party if the Department determines, upon review of the responsible ACP party's compliance history with past or current ACPs or the requirements for consumer products in §§ 719 through 731, that the responsible ACP party has a recurring pattern of violations and has consistently refused to take the necessary steps to correct those violations.

735.7 Unless the Department and the responsible party mutually agree to a different period of action, the Department shall take appropriate action on an ACP application within the following time periods:

(a) Within thirty (30) days of receipt of an ACP application, the Department shall inform the applicant in writing that either:

(1) The application is complete and accepted for filing; or

(2) The application is deficient, and the Department shall identify the specific information required to make the application complete;

(b) Within thirty (30) days of receipt of additional information provided in response to a determination that an ACP application is deficient, the Department shall inform the applicant in writing that either:

(1) The additional information is sufficient to make the application complete, and the application is accepted for filing; or

(2) The application is deficient, and the Department shall identify the specific information required to make the application complete;

(c) The Department shall act to approve or disapprove a complete application within ninety (90) days after the application is deemed complete.

735.8 All information specified in the ACP Agreement shall be maintained by the responsible ACP party for a minimum of three (3) years after such records are generated and shall meet the following requirements:

(a) Such records shall be clearly legible and maintained in good condition during this period; and

(b) The records specified in §735.4 shall be made available to the Department:

(1) Immediately upon request, during an on-site visit to a responsible ACP party;

(2) Within five (5) working days after receipt of a written request from the Department; or

(3) Within a time period mutually agreed upon by both the Department and the responsible ACP party.

735.9 Any person who commits a violation of this chapter is subject to the penalties specified in 20 DCMR 105. Failure to meet any condition of an applicable ACP Agreement shall constitute a single, separate violation for each day until such requirement or condition is satisfied, unless otherwise provided in paragraphs (a) through (i) of this subsection:

(a) False reporting of any information contained in an ACP application, or any supporting documentation or amendments thereto shall constitute a single, separate violation for each day that the approved ACP is in effect;

(b) Any exceedance during the applicable compliance period of the VOC content specified for an ACP product and which is included in the ACP Agreement approving an ACP shall constitute a single, separate violation for each ACP product which exceeds the specified VOC content that is sold, supplied, offered for sale, or manufactured for use in the District of Columbia;

(c) Any of the following actions shall each constitute a single, separate violation for each day after the applicable deadline until the requirement is satisfied:

(1) Failure to report data to the Department, including but not limited to missing data, or failure to report data accurately in writing regarding the VOC content, LVP content, enforceable sales, or any other information required by any deadline specified in the applicable ACP Agreement;

(2) False reporting of any information submitted to the Department for determining compliance with the ACP requirements;

(3) Failure to completely implement the reconciliation of shortfalls plan that is set forth in the ACP Agreement, within thirty (30) days from the date of written notification of a shortfall by the Department; and

(4) Failure to completely reconcile the shortfall as specified in the ACP Agreement, within ninety (90) days from the date of written notification of a shortfall by the Department;

(d) False reporting or failure to report any of the information specified in §735.10, or the sale or transfer of invalid surplus reductions, shall constitute a single, separate violation for each day during the time period for which the surplus reductions are claimed to be valid;

(e) Except as provided in §735.9(f), any exceedance of the ACP limit for any compliance period that the ACP is in effect shall constitute a single, separate violation for each day of the applicable compliance period. The Department shall determine whether an exceedance of the ACP limit has occurred as follows:

(1) If the responsible ACP party has provided all required information for the applicable compliance period specified in the ACP Agreement approving an ACP, then the Department shall determine whether an exceedance has occurred using the enforceable sales records and VOC content for each ACP product, as reported by the responsible ACP party for the applicable compliance period; and

(2) If the responsible ACP party has failed to provide all the required information specified in the ACP Agreement for an applicable compliance period, the Department shall determine whether an exceedance of the ACP limit has occurred as follows:

(A) For the missing data days, the Department shall calculate the total maximum historical emissions, as specified in §799;

(B) For the remaining portion of the compliance period which are not missing data days, the Department shall calculate the emissions for each ACP product using the enforceable sales records and VOC content that were reported for that portion of the applicable compliance period;

(C) The ACP emissions for the entire compliance period shall be the sum of the total maximum historical emissions, determined pursuant to subparagraph (e)(2)(A) of this subsection, and the emissions determined pursuant to subparagraph (e)(2)(B) of this subsection;

(D) The Department shall calculate the ACP limit for the entire compliance period using the ACP standards applicable to each ACP product and the enforceable sales records specified in subparagraph (e)(2)(B) of this subsection. The enforceable sales for each ACP product during missing data days, as specified in subparagraph (e)(2)(A) of this subsection, shall be zero (0); and

(E) An exceedance of the ACP limit has occurred when the ACP emissions, determined pursuant to subparagraph (e)(2)(C) of this subsection exceeds the ACP limit, determined pursuant to subparagraph (e)(2)(D) of this subsection;

(f) If a violation specified in paragraph (e) of this section occurs, the responsible ACP party may, pursuant to this paragraph, establish the number of violations as calculated according to the following equation:

NEV = (ACP Emissions - ACP Limit) x 1 Violation/40 Pounds

where:

NEV = number of ACP Limit violations;

ACP Emissions = the ACP Emissions for the compliance period;

ACP Limit = the ACP Limit for the compliance period; and

The responsible ACP party may determine the number of ACP Limit violations pursuant to this paragraph only if it has provided all required information for the applicable compliance period, as specified in the ACP Agreement approving the ACP. By choosing this option, the responsible ACP party waives all legal objections to the calculation of the ACP Limit violations pursuant to this subsection;

(g) In assessing the amount of penalties for any violation occurring pursuant to paragraphs (a) through (f) of this section, the circumstances identified in applicable District of Columbia health and safety laws and regulations shall be taken into consideration;

(h) A cause of action against a responsible party under this section shall be deemed to accrue on the date(s) when the records establishing the violation are received by the Department or when documents are not received as requested by the Department; and

(i) The responsible ACP party is fully liable for compliance with the requirements of this subsection, even if the responsible ACP party contracts with or otherwise relies on another person to carry out some or all of the requirements of this subsection.

735.10 The Department shall issue surplus reduction certificates which establish and quantify, to the nearest pound of VOC reduced, any surplus reductions achieved by a responsible ACP party operating under an ACP. All surplus reductions shall be calculated by the Department at the end of each compliance period within the time specified in the approved ACP. Surplus reductions can be bought from, sold to, or transferred to a responsible ACP party operating under an ACP, according to the following provisions:

(a) Surplus reduction certificates shall not constitute instruments, securities, or any other form of property;

(b) For the purposes of this regulation, VOC reductions from sources of VOCs other than consumer products subject to the VOC standards specified in the Table of Standards in §720 may not be used to generate surplus reductions;

(c) Surplus reductions are valid only when generated by a responsible ACP party and only while that responsible ACP party is operating under an approved ACP;

(d) Surplus reductions are valid only after the Department has issued an ACP Agreement pursuant to §735;

(e) Surplus reductions issued by the Department may be used by the responsible ACP party who generated the surplus until the reductions expire, are traded, or until the ACP is canceled pursuant to §735.17;

(f) Surplus reductions cannot be applied retroactively to any compliance period before the compliance period in which the reductions were generated;

(g) Only small or one-product businesses selling products under an approved ACP may purchase surplus reductions, except as provided in §735.10(h)(2). An increase in the size of a small business or one-product business shall have no effect on surplus reductions purchased by that business before the date of the increase;

(h) While valid, surplus reductions may be used only for the following purposes:

(1) To adjust the ACP emissions of either the responsible ACP party who generated the reductions or the responsible ACP party to which the reductions were traded, provided the surplus reductions are not to be used by any responsible ACP party to further lower its ACP emissions when its ACP emissions are equal to or less than the ACP limit during the applicable compliance period; or

(2) To be traded for the purpose of reconciling another responsible ACP party's shortfalls, provided such reconciliation is part of the reconciliation of shortfalls plan approved by the Department pursuant to §735.4(g)(11);

(i) A valid surplus reduction shall be in effect starting five (5) days after the date of issuance by the Department, for a continuous period equal to the number of days in the compliance period during which the surplus reduction was generated. The surplus reduction shall then expire at the end of its effective period;

(j) At least five (5) working days before the effective date of transfer of surplus reductions, both the responsible ACP party that is selling surplus reductions and the responsible ACP party that is buying the surplus reductions shall, either together or separately, notify the Department in writing of the transfer. The notification shall include all of the following:

(1) The date the transfer is to become effective;

(2) The date the surplus reductions being traded are due to expire;

(3) The amount in pounds of VOCs of surplus reductions that are being transferred;

(4) The total purchase price paid by the buyer for the surplus reductions;

(5) The contact persons, names of the companies, street and mail addresses, and telephone numbers of the responsible ACP parties involved in the trading of the surplus reductions; and

(6) A copy of the District of Columbia-issued surplus reductions certificate, signed by both the seller and buyer of the certificate, showing transfer of all or a specified portion of the surplus reductions;

(A) The copy shall show the amount of any remaining non-traded surplus reductions, if applicable, and their expiration date; and

(B) The copy shall indicate that both the buyer and seller of the surplus reductions fully understand the conditions and limitations placed upon the transfer of the surplus reductions and accept full responsibility for the appropriate use of such surplus reductions as provided in this section; and

(k) Surplus reduction credits shall only be traded between ACP parties for consumer products.

735.11 The use of limited-use surplus reduction credits for early reformulations of ACP products shall comply with the following provisions:

(a) For the purposes of this section, early reformulation means an ACP product that is reformulated to result in a reduction in the product's VOC content, and which is sold, supplied, or offered for sale in the District of Columbia for the first time during the one-year (365 day) period immediately before the date wherein the application for a proposed ACP is submitted to the District. Early reformulation does not include any reformulated ACP product that is sold, supplied, or offered for sale in the District of Columbia more than one year before the date on which the ACP application is submitted to the Department;

(b) If requested in the application for an ACP, the Department shall, upon approval of the ACP, issue surplus reduction credits for early reformulations of ACP products, provided that all of the following documentation has been submitted by the responsible ACP party to the satisfaction of the Department:

(1) Accurate documentation showing that the early reformulation reduced the VOC content of the ACP product to a level that is below the pre-ACP VOC content of the product, or below the applicable VOC standard specified in the Table of Standards in §720, whichever is the lesser of the two;

(2) Accurate documentation demonstrating that the early reformulated ACP product was sold in District of Columbia retail outlets within the time period specified in paragraph (a) of this section;

(3) Accurate sales records for the early reformulated ACP product that meet the definition of enforceable sales records as defined in §799, and which demonstrate that the enforceable sales for the ACP product are at least seventy-five percent (75%) of the gross District of Columbia sales for the product, as specified in §735.4(d); and

(4) Accurate documentation for the early reformulated ACP product that meets the requirements specified in §§ 735.4(c)-(d), 735.4(g)(8)-(9) and which identifies the specific test methods for verifying the claimed early reformulation(s) and the statistical accuracy and precision of the test methods as specified in §735.4(g)(3)-(4);

(c) Surplus reduction credits issued pursuant to this section shall be calculated separately for each early reformulated ACP product by the Department according to the following equation:

SR = Enforceable Sales x ((VOC Content)_initial (VOC Content)_final)

100

where:

SR = Surplus Reductions for the ACP product, expressed to the nearest pound;

Enforceable

Sales = the Enforceable Sales for the early reformulated ACP product, expressed to the nearest pound of ACP product;

VOC

Content_initial = the Pre-ACP VOC content of the ACP product, or the applicable VOC standard specified in §720, whichever is the lesser of the two, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product;

VOC

Content_final= the VOC Content of the early reformulated ACP product after the early reformulation is achieved, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product; and

(d) The use of surplus reduction credits issued pursuant to this section shall be subject to all of the following provisions:

(1) Surplus reduction credits shall be used solely to reconcile the responsible ACP party's shortfalls, if any, generated during the first compliance period occurring immediately after the issuance of the ACP Agreement approving an ACP, and shall not be used for any other purpose;

(2) Surplus reduction credits shall not be transferred to, or used by, any other responsible ACP party; and

(3) Except as provided in this section, surplus reduction credits shall be subject to all requirements applicable to surplus reductions and surplus trading, as specified in §735.10.

735.12 At the end of each compliance period, the responsible ACP party shall make an initial calculation of any shortfalls occurring in that compliance period, as specified in the ACP Agreement approving the ACP. Upon receipt of this information, the Department shall determine the amount of any shortfall that has occurred during the compliance period, and shall notify the responsible ACP party of this determination:

(a) The responsible ACP party shall implement the reconciliation of shortfalls plan as specified in the ACP Agreement approving the ACP, within thirty (30) days from the date of written notification of a shortfall by the District;

(b) All shortfalls shall be completely reconciled within ninety (90) days from the date of written notification of a shortfall by the Department, by implementing the reconciliation of shortfalls plan

specified in the ACP Agreement approving the ACP; and

(c) All requirements specified in the ACP Agreement approving an ACP, including all applicable ACP limits, shall remain in effect while any shortfalls are in the process of being reconciled.

735.13 The responsible ACP party shall notify the Department, in writing, of any change in an ACP product's name, formulation, form, function, applicable product categories, VOC content, LVP content, date-codes, or recommended product usage directions, no later than fifteen (15) days from the date such a change occurs. These modifications do not need Department pre-approval, but the notification shall fully explain the following:

(a) The nature of the modification;

(b) The extent to which the ACP product formulation, VOC content, LVP Content, or recommended usage directions will be changed;

(c) The extent to which the ACP emissions and ACP limit specified in the ACP Agreement will be changed for the applicable compliance period; and

(d) The effective date and corresponding date-codes for the modification.

735.14 Modifications to the enforceable sales records or reconciliation of shortfalls plan specified in the ACP Agreement approving the ACP require Department pre-approval and shall comply with the following requirements:

(a) Any such proposed modifications shall be fully described in writing and forwarded to the Department;

(b) The responsible ACP party shall clearly demonstrate that the proposed modifications will meet the requirements of §§ 719 through 737; and

(c) The Department shall act on the proposed modifications using the procedure set forth in §735.7. The responsible ACP party shall meet all applicable requirements of the existing ACP until such time that any proposed modification is approved in writing by the Department.

735.15 Except as otherwise provided in §§ 735.13 and 735.14, the responsible ACP party shall notify the Department, in writing, of any information learned of by the responsible ACP party which may alter any of the information submitted pursuant to the requirements of §735. The responsible ACP party shall provide such notification to the Department no later than fifteen (15) working days from the date such information is known to the responsible ACP party.

735.16 To ensure that the ACP meets all of the requirements of this chapter and that the ACP emissions will not exceed the ACP limit, the District shall modify the ACP under the following conditions as necessary:

(a) If the District determines that:

(1) The enforceable sales for an ACP product are no longer at least seventy-five percent (75%) of the gross District of Columbia sales for that product;

(2) The information submitted pursuant to the approval process set forth in §735 is no longer valid; or

(3) The ACP emissions are exceeding the ACP limit specified in the ACP Agreement approving an ACP;

(b) If the responsible ACP party has had an opportunity for a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §2-501 et seq., to determine if the ACP should be modified; and

(c) If any applicable VOC standards specified in the Table of Standards in §720 are modified by the California Air Resources Board (CARB) in a future rule making, the Department shall modify the ACP limit specified in the ACP Agreement approving an ACP to reflect the modified ACP VOC standards as of their effective dates.

735.17 An ACP shall remain in effect until the following occurs:

(a) The ACP reaches the expiration date specified in the ACP Agreement;

(b) The ACP is modified by the responsible ACP party and approved by the Department, as provided in §§ 735.13 and 735.14;

(d) The ACP includes a product for which the VOC standard specified in the Table of Standards in §720 is modified by the Department in a future rule making, and the responsible ACP party informs the Department in writing that the ACP will terminate on the effective date of the modified standard; or

(e) The ACP is cancelled pursuant to §735.18.

735.18 The Department shall cancel an ACP if any of the following circumstances occur:

(a) The responsible ACP party demonstrates to the satisfaction of the Department that the continuation of the ACP will result in an extraordinary economic hardship;

(b) The responsible ACP party violates the requirements of the approved ACP, and the violation results in a shortfall that is twenty percent (20%) or more of the applicable ACP limit, meaning that the ACP Emissions exceed the ACP Limit by 20% or more;

(d) The responsible ACP party has demonstrated a recurring pattern of violations and has consistently failed to take the necessary steps to correct those violations.

735.19 The Department shall not cancel an ACP pursuant to §735.18 without first affording the responsible ACP party an opportunity for a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §2-501 et seq., to determine if the ACP should be canceled.

735.20 The responsible ACP party for an ACP that is canceled pursuant to this section and who does not have a valid ACP to immediately replace the canceled ACP shall meet all of the following requirements:

(a) All remaining shortfalls in effect at the time of ACP cancellation shall be reconciled in accordance with the requirements of §735.12; and

(b) All ACP products subject to the ACP shall be in compliance with the applicable VOC standards in the Table of Standards in §720 immediately upon the effective date of ACP cancellation.

735.21 Any violations incurred pursuant to §735.9 shall not be cancelled or in any way affected by the subsequent cancellation or modification of an ACP pursuant to §§ 735.13 through 735.18.

735.22 The information required by §§ 735.4(a), 735.4(b), and 735.10 is public information that may not be claimed as confidential. All other information submitted to the Department to meet the requirements of this regulation shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR 106.

735.23 A responsible ACP party may transfer an ACP to another responsible ACP party, provided that all of the following conditions are met:

(a) The Department shall be notified, in writing, by both responsible ACP parties participating in the transfer of the ACP and its associated ACP Agreement;

(1) The written notifications shall be postmarked at least five (5) working days before the effective date of the transfer and shall be signed and submitted separately by both responsible parties; and

(2) The written notifications shall clearly identify the contact persons, business names, mail and street addresses, and telephone numbers of the responsible parties involved in the transfer; and

(b) The responsible ACP party to which the ACP is being transferred shall provide a written declaration stating that the transferee shall fully comply with all requirements of the ACP Agreement.

736 PORTABLE FUEL CONTAINERS AND SPOUTS – PERFORMANCE STANDARDS is repealed and replaced with:

736 CONSUMER PRODUCTS – INNOVATIVE PRODUCTS EXEMPTION

736.1 Any manufacturer claiming an exemption from the Table of Standards in §720 based on a CARB Innovative Products exemption under the Innovative Products provisions in Subchapter 8.5, Article 2, §94511, or Subchapter 8.5, Article 1, §94503.5 of Title 17 of the California Code of Regulations, must submit to the Department a copy of the CARB Innovative Product exemption decision including the executive order and all conditions established by CARB applicable to the exemption.

736.2 Manufacturers of consumer products that have been granted an Innovative Products exemption under the Innovative Products provisions in Subchapter 8.5, Article 2, §94511, or Subchapter 8.5, Article 1, §94503.5 of Title 17 of the California Code of Regulations based on California specific data, or that have not been granted an exemption by CARB, may apply for an Innovative Products exemption from the District of Columbia if the product meets the following criteria:

(a) The manufacturer demonstrates by clear and convincing evidence that due to some characteristic of the product formulation, design, delivery systems or other factors, the use of the product will result in less VOC emissions as compared to:

(1) The VOC emissions from a representative consumer product which complies with the VOC limits specified in the Table of Standards in §720; or

(2) The calculated VOC emissions from a non-complying representative product, if the product had been reformulated to comply with the VOC limits specified in the Table of Standards in §720; and

(3) VOC emissions shall be calculated using the following equation:

E_R = E_NC x VOC_STD ¸ VOC_NC

where:

E_R = The VOC emissions from the non-complying representative product, had it been reformulated;

E_NC = The VOC emissions from the non-complying representative product in its current formulation;

VOC_STD = The VOC limit specified in the Table of Standards in §720; and

VOC_NC = The VOC content of the non-complying product in its current formulation;

(b) If a manufacturer demonstrates that the equation in paragraph (a) of this section yields inaccurate results due to some characteristic of the product formulation or other factors, an alternative method that accurately calculates emissions may be used upon approval of the Department;

(c) For the purposes of this section, representative consumer product means a consumer product that meets all of the following criteria:

(1) The representative product shall be subject to the same VOC limit in the Table of Standards in §720 as the innovative product;

(2) The representative product shall be of the same product form as the innovative product, unless the innovative product uses a new form that does not exist in the product category at the time the application is made; and

(3) The representative product shall have at least similar efficacy as other consumer products in the same product category based on tests generally accepted for that product category by the consumer products industry;

(d) To apply for an innovative products exemption under this section, a manufacturer shall submit a written application to the Department, which includes:

(1) The supporting documentation that demonstrates the emissions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to document product usage; and

(2) Any information necessary to enable the Department to establish enforceable conditions for granting the exemption including the VOC content for the innovative product and test methods for determining the VOC content;

(e) The Department shall comply with the following process in responding to applications for exemptions:

(1) All information submitted by a manufacturer pursuant to paragraph (d) shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR 106;

(2) Within thirty (30) days of receipt of the exemption application the Department shall determine whether an application is complete;

(3) Within ninety (90) days after an application has been deemed complete, the Department shall determine whether, under what conditions, and to what extent, an exemption from the requirements of §720 will be permitted;

(A) The applicant and the Department may mutually agree to a longer time period for reaching a decision; and

(B) Additional supporting documentation may be submitted by the applicant before a decision is reached;

(4) The Department shall notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that emissions from the product will meet the emissions reductions specified in subparagraph (a)(1), and that such emissions reductions can be enforced; and

(5) In granting an exemption for a product, the Department shall establish conditions that are enforceable:

(A) These conditions shall include the VOC content of the innovative product, dispensing rates, application rates and any other parameters determined by the Department to be necessary;

(B) The Department shall also specify the test methods for determining conformance to the conditions established; and

(f) For any product for which an exemption has been granted pursuant to this section, the manufacturer shall notify the Department in writing within thirty (30) days of any change in the product formulation or recommended product usage directions, and shall also notify the Department within thirty (30) days if the manufacturer learns of any information which would alter the emissions estimates submitted to the Department in support of the exemption application;

(g) If the VOC limits specified in the Table of Standards in §720 are lowered for a product category through any subsequent rulemaking, all innovative product exemptions granted for products in the product category shall have no effect as of the effective date of the modified VOC standard, except for those innovative products that have VOC emissions less than the applicable lowered VOC limit and for which a written notification of the product's emissions status versus the lowered VOC limit has been submitted to and approved by the Department at least sixty (60) days before the effective date of such limits; and

(h) If the Department believes that a consumer product for which an exemption has been granted no longer meets the criteria for an innovative product specified in this section, the Department may modify or revoke the exemption as necessary to ensure that the product will meet these criteria. The Department shall not modify or revoke an exemption without first affording the applicant an opportunity for a public hearing held in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §2-501 et seq.

737 PORTABLE FUEL CONTAINERS AND SPOUTS - EXEMPTIONS FROM PERFORMANCE STANDARDS is repealed and replaced with:

737 CONSUMER PRODUCTS – VARIANCE REQUESTS

737.1 Any person who cannot comply with the requirements set forth in §§ 720, and 722 through 731 because of extraordinary reasons beyond the person's reasonable control may apply in writing to the Department for a variance according to the following requirements:

(a) The variance application shall include:

(1) The specific grounds upon which the variance is sought;

(2) The proposed date(s) by which compliance with the provisions of §§ 720, and 722 through 731 will be achieved; and

(3) A compliance report reasonably detailing the methods by which compliance will be achieved;

(b) Upon receipt of a variance application containing the information required in paragraph (a), the Department shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in §§ 720 and 722 through 731 is necessary and will be permitted according to the following requirements:

(1) A hearing shall be initiated no later than seventy-five (75) days after receipt of a variance application;

(2) Notice of the time and place of the hearing shall:

(A) Be sent to the applicant by certified mail not less than thirty (30) days before the hearing;

(B) Be submitted for publication in the District of Columbia Register and sent to every person who requests such notice, not less than thirty (30) days before the hearing; and

(3) At least thirty (30) days before the hearing, the variance application shall be made available to the public for inspection; and

(4) Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered;

(c) Information submitted to the Department by a variance applicant may be claimed as confidential, and such information shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR 106. The Department may consider such confidential information in reaching a decision on a variance application;

(d) No variance shall be granted unless all of the following findings are made:

(1) Because of reasons beyond the reasonable control of the applicant, requiring compliance with §§ 720 and 722 through 731 would result in extraordinary economic hardship;

(2) The public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance; and

(3) The compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible;

(e) Any variance order issued by the Department shall specify a final compliance date by which the requirements of §§ 720 and 722 through 731 will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to ensure timely compliance, and such other conditions that the Department, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of applicable District of Columbia health and safety laws and regulations;

(f) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance; and

(g) Upon the application of any person, the Department may review, and for good cause, modify or revoke a variance from requirements of §§ 720 and 722 through 731 after holding a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §2-501 et seq.

738 PORTABLE FUEL CONTAINERS AND SPOUTS - LABELING
REQUIREMENTS is repealed and the section is reserved:

739 PORTABLE FUEL CONTAINERS AND SPOUTS – TESTING is repealed and the section is reserved:

740 PORTABLE FUEL CONTAINERS AND SPOUTS – INNOVATIVE
PRODUCT EXEMPTION is repealed and the section is reserved:

741 PORTABLE FUEL CONTAINERS AND SPOUTS – VARIANCE: is repealed and the section is reserved:

742 SOLVENT CLEANING - GENERAL REQUIREMENTS is repealed and the section is reserved:

743 SOLVENT CLEANING - COLD CLEANING is repealed and replaced with:

743 ADHESIVES AND SEALANTS – GENERAL REQUIREMENTS

743.1 This section applies to any person who, on or after March 1, 2011, supplies, sells, offers for sale, manufactures for sale, or uses or applies adhesives, sealants, or adhesive or sealant primers, except as provided in §745.

743.2 For purposes of §§ 743 through 749 and of any definitions in §799 applicable to §§ 743 through 749, the District incorporates by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited. These materials are incorporated in their current versions, unless otherwise indicated in §§ 743 through 749 and §799.

744 SOLVENT CLEANING - BATCH VAPOR CLEANING is repealed and replaced with:

744 ADHESIVES AND SEALANTS – VOC STANDARDS

744.1 On and after March 1, 2011, no person shall sell, supply, offer for sale in the District of Columbia any adhesive, sealant, adhesive primer or sealant primer manufactured on or after March 1, 2011, or manufacture for sale in the District of Columbia any adhesive, sealant, adhesive primer or sealant primer in excess of the applicable VOC content limits specified in Table 1 below, except as provided in §§ 744.5 and 745.

744.2 On and after March 1, 2011, no person shall use or apply any adhesive, sealant, adhesive primer or sealant primer within the District of Columbia in excess of the applicable VOC content limits specified in Table 1 below, except as provided in §§ 744.5 and 745:

Table 1. VOC Content Limits for Adhesives, Sealants, Adhesive Primers, Sealant Primers and Adhesives Applied to Particular Substrates.

Adhesive, sealant, adhesive primer or sealant primer category	*VOC content limit (grams VOC per liter)**	Effective Date
CATEGORY 1: ADHESIVES	VOC Limits (g/l)
ABS welding	400	March 1, 2011
Ceramic tile installation	130	March 1, 2011
Computer diskette jacket manufacturing	850	March 1, 2011
Contact or contact bond	250	March 1, 2011
Cove base installation	150	March 1, 2011
CPVC welding	490	March 1, 2011
Indoor floor covering installation	150	March 1, 2011
Metal to urethane/rubber molding or casting	850	March 1, 2011
Motor vehicle	250	March 1, 2011
Motor vehicle weatherstrip	750	March 1, 2011
Multi-purpose construction	200	March 1, 2011
Non-membrane roof installation/repair	300	March 1, 2011
Outdoor floor covering installation	250	March 1, 2011
Plastic cement welding (except ABS, PVC or CPVC)	500	March 1, 2011
PVC welding	510	March 1, 2011
Single-ply roof membrane installation/repair	250	May 1 through Sept. 30, 2011; and on or after January 1, 2012.
Structural glazing	100	March 1, 2011
Thin metal laminating	780	March 1, 2011
Tire retread	100	March 1, 2011
Perimeter bonded sheet vinyl flooring installation	660	March 1, 2011
Waterproof resorcinol glue	170	March 1, 2011
Sheet-applied rubber installation	850	March 1, 2011
CATEGORY 2: SEALANTS	VOC Limits in (g/l)
Architectural	250	March 1, 2011
Marine deck	760	March 1, 2011
Non-membrane roof installation / repair	300	March 1, 2011
Roadway	250	March 1, 2011
Single-ply roof membrane	450	May 1 through Sept. 30, 2011; and on or after January 1, 2012.
Other	420	March 1, 2011
CATEGORY 3: ADHESIVE PRIMERS	VOC Limits in (g/l)
Automotive glass	700	March 1, 2011
Motor vehicle glass bonding	900	March 1, 2011
Plastic cement welding	650	March 1, 2011
Single-ply roof membrane	250	May 1 through Sept. 30, 2011; and on or after January 1, 2012.
Traffic marking tape	150	March 1, 2011
Other	250	March 1, 2011
CATEGORY 4: SEALANT PRIMERS	VOC Limits in (g/l)
Architectural – non-porous material	250	March 1, 2011
Architectural – porous material	775	March 1, 2011
Marine deck	760	March 1, 2011
Other	750	March 1, 2011
CATEGORY 5: ADHESIVES APPLIED TO PARTICULAR SUBSTRATES	VOC Limits in (g/l)
Flexible vinyl	250	March 1, 2011
Fiberglass	200	March 1, 2011
Reinforced plastic composite	200	March 1, 2011
Metal	30	March 1, 2011
Porous material (other than wood)	120	March 1, 2011
Rubber	250	March 1, 2011
Wood	30	March 1, 2011
Other substrates	250	March 1, 2011

* The VOC content is determined as the weight of VOCs, less water and exempt compounds as specified in §747.

744.3 The VOC content limits in Table 1 for adhesives applied to particular substrates (i.e. Category 5), shall apply as follows:

(a) If an operator uses an adhesive or sealant subject to a specific VOC content limit for such adhesive or sealant in Table 1, such specific limit applies rather than an adhesive-to-substrate limit; and

(b) If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content shall be the limit for such use.

744.4 Any person subject to §§ 743 to 749 using a surface preparation or cleanup solvent shall:

(a) Except as provided in paragraph (b) of this section for single-ply roofing, not use materials containing VOCs for surface preparation, unless the VOC content of the surface preparation solvent is less than seventy (70) grams per liter (g/l);

(b) If a surface preparation solvent is used in applying single-ply roofing, not use materials for surface preparation containing VOCs, unless the composite vapor pressure of the surface preparation solvent, excluding water and exempt compounds, does not exceed forty-five millimeters of mercury (45 mm Hg) at twenty degrees Celsius (20ºC);

(c) Except as provided in paragraph (d) of this section, not use materials containing VOCs for the removal of adhesives, sealants, or adhesive or sealant primers from surfaces, other than spray application equipment, unless the composite vapor pressure of the solvent used, excluding water and exempt compounds, is less than forty-five millimeters of mercury (45 mm Hg) at twenty degrees Celsius (20ºC); and

(d) Remove an adhesive, sealant, adhesive primer or sealant primer from the parts of spray application equipment by:

(1) An enclosed cleaning system, or an equivalent cleaning system as determined by the SCAQMD’s “General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems,” dated October 3, 1989;

(2) Using a solvent with a VOC content of seventy (70) grams of VOC per liter of material, or less; or

(3) Soaking parts containing dried adhesive in a solvent as long as the composite vapor pressure, excluding water and exempt compounds, of the solvent is nine and a half millimeters of mercury (9.5 mm Hg) at twenty degrees Celsius (20ºC) or less and is kept in a closed container, which shall be closed except when depositing or removing parts of materials from the container.

744.5 A person using an adhesive, sealant, adhesive primer or sealant primer subject to §§ 743 to 749 may comply with §§ 744.2 and 744.4 using add-on air pollution control equipment if such equipment meets the following requirements:

(a) The VOC emissions from the use of all adhesives, sealants, adhesive primers or sealant primers subject to §§ 743 to 749 are reduced by an overall capture and control efficiency of at least eighty-five percent (85%) by weight;

(b) The combustion temperature is continuously monitored if a thermal incinerator is operated;

(d) Control device efficiency is continuously monitored when a carbon absorber or control device other than a thermal or catalytic incinerator is operated; and

(e) Operation records sufficient to demonstrate compliance with the requirements of this section are maintained as required by §746.

744.6 Any person using adhesives, sealants, adhesive primers, sealant primers, surface preparation or cleanup solvents subject to §§ 743 to 749 shall:

(a) Store or dispose of all absorbent materials, such as cloth or paper, which are moistened with adhesives, sealants, primers or solvents subject to §§ 743 to 749, in non-absorbent containers that shall be closed except when placing materials in or removing materials from the container;

(b) Store all VOC-containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials in closed containers;

(c) Ensure that mixing and storage containers used for VOC-containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials are kept closed at all times except when depositing or removing these materials;

(d) Minimize spills of VOC-containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials;

(e) Convey VOC-containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials from one location to another in closed containers or pipes; and

(f) Minimize VOC emission from cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

744.7 No person shall solicit, require the use or specify the application of any adhesive, sealant, adhesive primer, sealant primer, surface preparation or cleanup solvent if such use or application results in a violation of the provisions of DCMR Chapter 7. The prohibition of this subdivision shall apply to all written or oral contracts under which any adhesive, sealant, adhesive primer, sealant primer, surface preparation or cleanup solvent subject to §§ 743 to 749 is to be used at any location in the District of Columbia.

745 SOLVENT CLEANING - IN-LINE VAPOR CLEANING is repealed and replaced with:

745 ADHESIVES AND SEALANTS – EXEMPTIONS AND EXCEPTIONS

745.1 The provisions of §§ 743 through 749 shall not apply to the use or sale of the following compounds:

(a) Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any research and development, quality assurance or analytical laboratory, provided records are maintained as required in §746;

(b) Adhesives, sealants, adhesive primers and sealant primers that are subject to VOC standards in 20 DCMR §720;

(c) Adhesives and sealants that contain less than twenty (20) grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied;

(d) Cyanoacrylate adhesives;

(e) Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of sixteen (16) fluid ounces or less, or a net weight of one (1) pound or less, except plastic cement welding adhesives and contact adhesives; or

(f) Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of one (1) gallon or less.

745.2 The requirements of §§ 743 through 749 shall not apply to the use of adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents in the following operations:

(a) Tire repair operations, provided the label on the adhesive states “For Tire Repair Only”;

(b) In the assembly, repair and manufacture of aerospace components or undersea-based weapon system components;

(d) Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed before July 1, 1992.

745.3 The provisions of §§ 743 through 749 shall not apply to a person who uses or applies any adhesive, sealant, adhesive primer, and sealant primer at a stationary source if the total VOC emissions from all adhesives, sealants, adhesive primers and sealant primers used at the stationary source are less than two-hundred (200) lbs per calendar year, or an equivalent volume.

745.4 The provisions of §§ 744.1 and 744.4 shall not apply to the use of any adhesives, sealants, adhesive primers, sealant primers, cleanup solvents and surface preparation solvents, provided the total volume of non-complying adhesives, sealants, primers, cleanup and surface preparation solvents applied facility-wide at a stationary source does not exceed fifty-five (55) gallons per calendar year.

745.5 Any person claiming an exemption pursuant to §§ 745.2(d) thru 745.4 shall record and maintain monthly operational records sufficient to demonstrate compliance, and in accordance with §746.

745.6 Sections 743 to 749 shall not apply to a manufacturer or distributor who sells, supplies or offers for sale in the District of Columbia any adhesive, sealant, adhesive primer or sealant primer that does not comply with §744.1 provided that such manufacturer or distributor makes and keeps records demonstrating:

(a) The adhesive, sealant, adhesive primer or sealant primer is intended for shipment and use outside of the District of Columbia; and

(b) The manufacturer or distributor has taken reasonable precautions to assure that the adhesive, sealant, adhesive primer or sealant primer is not distributed to, or within, the District of Columbia.

745.7 Section 745.6 shall not apply to any adhesive, sealant, adhesive primer or sealant primer that is sold, supplied or offered for sale by any person to a retail outlet in the District of Columbia.

745.8 Section 744.1 shall not apply to the sale of any adhesive, sealant, adhesive primer or sealant primer to a person using add-on air pollution control equipment, pursuant to §744.5, to comply with the requirements of §§ 743 to 749.

745.9 The VOC content limits specified in Table 1 shall apply to any person using single-ply roof membrane installation or repair adhesive, single-ply roof membrane sealant and single-ply roof membrane adhesive primer on the following schedule:

(a) For the years 2010 and 2011, from May 1 through September 30; and

(b) On or after January 1, 2012.

745.10 The VOC content limits specified in Table 1 shall not apply to any manufacturer or distributor who sells, supplies or offers for sale any single-ply roof membrane installation or repair adhesive, single-ply roof membrane sealant, or single-ply roof membrane adhesive primer before January 1, 2012.

746 SOLVENT CLEANING - AIRLESS AND AIR-TIGHT CLEANING is repealed and replaced with:

746 ADHESIVES AND SEALANTS – ADMINISTRATIVE REQUIREMENTS

746.1 Each person subject to §§ 743 through 749 shall maintain records demonstrating compliance with the regulations, including, but not limited to, the following information:

(a) A list of each adhesive, sealant, adhesive primer, sealant primer cleanup solvent, and surface preparation solvent in use and in storage;

(b) A data sheet or material list that provides the material name, manufacturer identification, and material application;

(d) The VOC content of each product as supplied;

(e) The final VOC content or vapor pressure, as applied; and

(f) The monthly volume of each adhesive, sealant, adhesive primer, sealant primer, cleanup or surface preparation solvent used.

746.2 Any person who complies with §744.2 through the use of add-on air pollution control equipment shall record the key operating parameters for the control equipment, including, but not limited to, the following information:

(a) The volume used per day of each adhesive, sealant, adhesive primer, sealant primer, or solvent that is subject to a VOC content limit in Table 1 and that exceeds such a limit;

(b) On a daily basis, the combustion temperature, inlet and exhaust gas temperatures, and control device efficiency, as appropriate, pursuant to §744.5;

(d) All maintenance performed, including the date and type of maintenance.

746.3 All records made to determine compliance with this chapter shall be maintained for five (5) years from the date such record is created and shall be made available to the District of Columbia within ninety (90) days of a request.

746.4 For adhesives, sealants, adhesive primers, and sealant primers subject to the laboratory testing exemption pursuant to §745.1(a), the person conducting the testing shall make and maintain records of all such materials used, including, but not limited to, the product name, the product category of the material or type of application, and the VOC content of each material.

747 SOLVENT CLEANING - ALTERNATIVE COMPLIANCE is repealed and replaced with:

747 ADHESIVES AND SEALANTS – COMPLIANCE PROCEDURES AND TEST METHODS

747.1 Except as provided in §§ 747.3 through 747.5, the VOC and solids content of all non-aerosol adhesives, adhesive primers, surface preparation solvents, and cleanup solvents shall be determined using U.S. EPA Reference Method 24 (40 CFR Part 60, Appendix A or SCAQMD Method 304).

747.2 The organic content of exempt organic compounds shall be determined using ASTM D4457-85, as applicable.

747.3 The VOC content of any plastic welding cement adhesive or primer shall be determined using SCAQMD Method 316A.

747.4 To determine if a diluent is a reactive diluent, the percent of the reactive organic compound that becomes an integral part of the finished materials shall be determined using SCAQMD Method 316A.

747.5 The composite vapor pressure of organic compounds in cleaning materials shall be determined by quantifying the amount of each compound in the blend using gas chromatographic analysis (ASTM E 260-91) for organics and ASTM D3792-79 for water content, as applicable, and the following equation:

where:

Ppc = VOC composite partial pressure at 20°C, in mm Hg;

Wi = Weight of the "i"th VOC compound, in grams, as determined by ASTM E 260-91;

Ww = Weight of water, in grams as determined by ASTM D 3792-86;

We = Weight of the "i"th exempt compound, in grams, as determined by ASTM E 260-91;

Mwi = Molecular weight of the "i"th VOC compound, in grams per g-mole, as given in chemical reference literature;

Mww = Molecular weight of water, 18 grams per g-mole;

Mwe = Molecular weight of the "i"th exempt compound, in grams per g-mole, as given in chemical reference literature; and

Vpi = Vapor pressure of the "i"th VOC compound at 20 C, in mm Hg, as determined by §747.6.

747.6 The vapor pressure of each single component compound may be determined from ASTM D2879-86 or may be obtained from a published source approved by the District, such as the sources referenced in 40 CFR 52.741, or any of the following sources:

(a) The most recent edition of The Vapor Pressure of Pure Substances, Boulbik, Fried, and Hala; Elsevier Scientific Publishing Company, New York;

(b) The most recent edition of Perry’s Chemical Engineer’s Handbook, McGraw-Hill Book Company;

(d) The most recent edition of Lange’s Handbook of Chemistry, John Dean, editor, McGraw-Hill Book Company; or

(e) Additional sources approved by the SCAQMD or other California Air districts.

747.7 If air pollution control equipment is used to meet the requirements of §§ 743 to 749, the owner or operator shall make the following determinations:

(a) The measurement of capture efficiency shall be conducted and reported in accordance with the U.S. EPA Technical Document, “Guidelines for Determining Capture Efficiency,” issued January 9, 1995, or a District capture efficiency determination method approved by the U.S. EPA; and

(b) The measurement of control efficiency shall be in accordance with U.S. EPA Methods 25, 25A, 25B, or CARB Method 100.

747.8 The active and passive solvent losses from spray gun cleaning systems shall be determined using SCAQMD’s “General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems,” dated October 3, 1989. The test solvent for this determination shall be any lacquer thinner with a minimum vapor pressure of one hundred and five millimeters of mercury (105 mm Hg) at twenty degrees Celsius (20ºC), and the minimum test temperature shall be fifteen degrees Celsius (15ºC).

747.9 For adhesives that do not contain reactive diluents, grams of VOC per liter of adhesive, less water and exempt compounds, shall be calculated according to the following equation:

Grams of VOC per liter of adhesive = Ws - Ww - We

Vm - Vw - Ve

where:

Ws = weight of volatile compounds, in grams;

Ww = weight of water, in grams;

We = weight of exempt compounds, in grams;

Vm = volume of material, in liters;

Vw = volume of water, in liters; and

Ve = volume of exempt compounds, in liters.

747.10 For adhesives that contain reactive diluents, the VOC content of the adhesive is determined after curing. The grams of VOC per liter of adhesive, less water and exempt compounds, shall be calculated according to the following equation:

Grams of VOC per liter of adhesive = Wrs - Wrw - Wre

Vrm - Vrw - Vre

where:

Wrs = weight of volatile compounds not consumed during curing, in grams;

Wrw = weight of water not consumed during curing, in grams;

Wre = weight of exempt compounds not consumed during curing, in grams;

Vrm = volume of material not consumed during curing, in liters;

Vrw = volume of water not consumed during curing, in liters; and

Vre = volume of exempt compounds not consumed during curing, in liters.

747.11 Grams of VOC per liter of material shall be calculated according to the following equation:

Grams of VOC per liter of materials = Ws - Ww - We

where:

Ws = weight of volatile compounds, in grams;

Ww = weight of water, in grams;

We = weight of exempt compounds, in grams; and

Vm = volume of material, in liters.

747.12 Percent VOC (% VOC) by weight shall be calculated according to the following equation:

% VOC by weight = [(Wv / W)] x 100

where:

Wv = weight of VOCs in grams; and

W = weight of material in grams.

748 SOLVENT CLEANING - RECORDKEEPING AND MONITORING is repealed and replaced with:

748 ADHESIVES AND SEALANTS – CONTAINER LABELING

748.1 Each manufacturer of an adhesive, sealant, adhesive primer, or sealant primer subject to §§ 743 to 749 shall display the following information on the product container or label:

(a) A statement of the manufacturer's recommendation regarding thinning, reducing, or mixing of the product, except that:

(1) This requirement does not apply to the thinning of a product with water; and

(2) If thinning of the product before use is unnecessary, the recommendation must specify that the product is to be applied without thinning;

(b) The maximum or the actual VOC content of the product in accordance with §747, as supplied, displayed in grams of VOC per liter of product; and

(c) The maximum or the actual VOC content of the product in accordance with §747, which includes the manufacturer’s maximum recommendation for thinning, as applied, displayed in grams of VOC per liter of product.

749 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – GENERAL REQUIREMENTS is repealed and replaced with:

749 ADHESIVES AND SEALANTS – APPLICATION METHODS

749.1 A person shall not apply a VOC-containing adhesive, adhesive primer, sealant, or sealant primer at a stationary source unless applied by one of the following application methods using equipment operated in accordance with the specifications of the equipment manufacturer:

(a) Electrostatic application;

(b) High volume low pressure (HVLP) spraying;

(d) Roller coating or hand application methods, including non-spray application methods similar to hand or mechanically powered caulking gun, brush coating, or direct hand application methods;

(e) Dip coating (including electrodeposition coating):

(f) Airless spraying;

(g) Air-assisted airless spraying; or

(h) Other adhesive application method that a person has demonstrated and the Department has determined achieves a transfer efficiency equivalent to or better than that achieved by HVLP spraying.

750 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING –STANDARDS is repealed and the section is reserved.

751 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE is repealed and replaced with:

751 PORTABLE FUEL CONTAINERS AND SPOUTS – GENERAL REQUIREMENTS

751.1 The requirements of §§ 751 through 758 apply to any person who sells, supplies, offers for sale, advertises or manufactures a portable fuel container or spout for use in the District of Columbia, except as provided in §753.

751.2 No person shall sell, supply, offer for sale, advertise, or manufacture for sale in the District of Columbia a portable fuel container or spout, or combination portable fuel container and spout, 30 days after the effective date of this regulation, unless said portable fuel container or spout, or combination portable fuel container and spout is covered by a CARB Executive Order, except as provided in §753.

751.3 For purposes of §§ 752 through 758 and of any definitions in §799 applicable to §§ 752 through 758, the District incorporates by reference rules and test methods from the Code of Federal Regulations (CFR), the California Air Resources Board (CARB), and Title 13, California Code of Regulations, §§ 2250 through 2298, where specifically cited. These materials are incorporated in their current versions unless otherwise indicated in §§ 752 through 758 and 799.

751.4 Each part of §§ 751 through 758 shall be deemed severable, and if any part is held to be invalid, the remainder continues in full force.

752 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING - LABELING REQUIREMENT is repealed and replaced with:

752 PORTABLE FUEL CONTAINERS AND SPOUTS –PERFORMANCE STANDARDS AND TEST PROCEDURES

752.1 Except as provided in §753, every portable fuel container, spout, or combination portable fuel container and spout, produced 30 days after the effective date of this regulation, that is manufactured for sale, advertised for sale, sold, or offered for sale in the District of Columbia or that is introduced, delivered or imported into the District of Columbia for introduction into commerce and that is subject to any of the standards prescribed in this article and documents incorporated by reference therein, must be certified for use and sale by the manufacturer through CARB and covered by a CARB Executive Order.

752.2 The criteria for obtaining certification, including all test procedures for determining certification and compliance with the standards applicable to portable fuel containers, spouts, or combination portable fuel containers and spouts produced 30 days after the effective date of this regulation, that are manufactured for sale, advertised for sale, sold, or offered for sale in the District of Columbia, or that are introduced, delivered or imported into the District of Columbia for introduction into commerce and that are subject to any of the standards prescribed in this article and documents incorporated by reference therein are set forth in “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts,” adopted by CARB July 26, 2006, including any subsequent amendments.

752.3 Compliance with the performance standards in §752 or the certification and compliance standards specified in §755 does not exempt spill-proof systems or spill-proof spouts from compliance with other applicable federal and District of Columbia statutes and regulations, including, but not limited to, fire codes, safety codes, and other safety regulations.

752.4 Notwithstanding the provisions of §752.1, a portable fuel container or spout or combination portable fuel container and spout manufactured before 30 days after the effective date of this regulation, may be sold, supplied, or offered for sale until one year starting 30 days after the effective date of this regulation, if it is labeled or designated for use solely with kerosene and if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container or spout.

753 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING REPORTING REQUIREMENTS is repealed and replaced with:

753 PORTABLE FUEL CONTAINERS AND SPOUTS – EXEMPTIONS

753.1 The following shall be exempt from compliance with §§ 751 through 758:

(a) Any portable fuel container or spout manufactured in the District of Columbia for shipment, sale, and use outside of the District of Columbia;

(b) A manufacturer or distributor who sells, supplies, or offers for sale in the District of Columbia, a portable fuel container or spout or combination portable fuel container and spout that does not comply with the performance standards §752 or the certification and compliance standards specified in §755, as long as the manufacturer or distributor can demonstrate that:

(1) The portable fuel container or spout or combination portable fuel container and spout is intended for shipment and use outside of the District of Columbia; and

(2) The manufacturer or distributor has taken reasonable prudent precautions to ensure that the portable fuel container or spout or combination portable fuel container and spout is not distributed in the District of Columbia;

(c) Paragraph (b) of this subsection does not apply to portable fuel containers or spouts or combination portable fuel containers and spouts that are sold, supplied, or offered for sale by any person to retail outlets in the District of Columbia;

(d) Safety cans meeting the requirements of Chapter 17, Title 29, Part 1926, Subpart F of the Code of Federal Regulations (29 CFR §1926.150 et seq.);

(e) Portable fuel containers with a nominal capacity less than or equal to one (1) quart;

(f) Rapid refueling devices with nominal capacities greater than or equal to four (4) gallons, provided such devices are designed for use in officially sanctioned off-highway motor sports, such as car racing or motorcycle competitions, or either create a leak-proof seal against a stock target fuel tank, or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank;

(g) Portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine; and

(h) Closed-system portable fuel containers that are used exclusively for fueling remote control airplanes.

754 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING -TESTING REQUIREMENTS is repealed and replaced with:

754 PORTABLE FUEL CONTAINERS AND SPOUTS – LABELING REQUIREMENTS

754.1 Each manufacturer of a portable fuel container or portable fuel container and spout subject to and complying with §752 must clearly display the following on each spill-proof system:

(a) The phrase “Spill-Proof System”;

(b) A date of manufacture or date code; and

(c) A representative code identifying the Executive Order Number issued by CARB for the portable fuel container or portable fuel container and spout.

754.2 Each manufacturer of a spout subject to and complying with §752 must clearly display the following on the accompanying package, or spout sold without packaging, on either the spout or a label affixed to the spout:

(a) The phrase “Spill-Proof Spout”;

(b) A date of manufacture or date code; and

(c) A representative code identifying the Executive Order Number issued by CARB for the portable fuel container or portable fuel container and spout.

754.3 Each manufacturer subject to §§ 754.1 and 754.2 shall file an explanation of both the date code and representative code with the Department no later than the later of three (3) months after the effective date of this regulation or within three (3) months of production, and within three (3) months after any change in coding.

754.4 Each manufacturer of a spout subject to §754.2 shall clearly display the make, model number, and size of only those portable fuel containers the spout is designed to accommodate and can demonstrate compliance with §752, on the accompanying package, or for spouts sold without packaging, on either the spout, or a label affixed to the spout.

754.5 Manufacturers of portable fuel containers or portable fuel containers and spouts not subject to or not in compliance with §752 shall not display the phrase “Spill-Proof System” or “Spill-Proof Spout” on the portable fuel container or spout, respectively, on any sticker or label affixed to the product, or on any accompanying package.

754.6 Each manufacturer of a portable fuel container or spout subject to and complying with §752 that due to its design or other features cannot be used to refuel one (1) or more on-road motor vehicle, must clearly display the phrase “Not Intended For Refueling On-Road Motor Vehicles” in type of thirty-four (34) point or greater on each of the following:

(a) For a portable fuel container or portable fuel container and spout sold together as a spill-proof system, on the system or on a label affixed thereto, and on the accompanying package, if any; and

(c) For a spill-proof spout sold separately from a spill-proof system, on either the spill-proof spout, or a label affixed thereto, and on the accompanying package, if any.

SECTIONS 755-778 ARE NEW SECTIONS, ADDED AS FOLLOWS:

755 PORTABLE FUEL CONTAINERS AND SPOUTS – CERTIFICATION AND COMPLIANCE TEST PROCEDURES

755.1 Testing to determine compliance with §752 shall be performed by using test procedures specified in “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts,” adopted by CARB on July 26, 2006, including any subsequent amendments, which are incorporated by reference herein.

755.2 Alternative methods that are shown to be accurate, precise, and appropriate may be used upon written approval of the Department.

755.3 Test procedures referred to in this section can be obtained from the Department and may be available at http://www.arb.ca.gov.

756 PORTABLE FUEL CONTAINERS AND SPOUTS – ENFORCEMENT

756.1 If the Department finds any manufacturer, distributor, or retailer manufacturing for sale, advertising for sale, selling, or offering for sale in the District of Columbia a portable fuel container or spout, or both portable fuel container and spout that does not comply with the requirements set forth in this article, the Department may enjoin said manufacturer, distributor, or retailer from any further manufacture, advertisement, sales, offers for sale, or distribution of such noncompliant portable fuel containers or spouts or combination portable fuel containers and spouts, in the District of Columbia pursuant to 20 DCMR Chapter 1. The Department may also assess penalties to the extent permissible under 20 DCMR 105.

756.2 Before seeking remedial action against any manufacturer, distributor, or retailer, the Department will consider any information provided by the manufacturer, distributor, or retailer.

757 PORTABLE FUEL CONTAINERS AND SPOUTS – INNOVATIVE PRODUCT EXEMPTION

757.1 Portable fuel containers, spouts, or combination portable fuel containers and spouts which have been granted an innovative product exemption by the CARB, shall be exempt from the requirements in §752 for the period of time that the CARB Innovative Products exemption remains in effect.

757.2 Any manufacturer claiming an exemption on the CARB Innovative Products basis shall submit to the Department, a copy of the CARB exemption decision, including but not limited to, the executive order and all conditions established by CARB applicable to the exemption.

757.3 The District may exempt a portable fuel container or spout from one (1) or more of the requirements of §752 if a manufacturer demonstrates by clear and convincing evidence that, due to the product’s design, delivery system, or other factors, the use of the product will result in cumulative VOC emissions below the highest emitting representative spill-proof system or representative spill-proof spout in its product category as determined from applicable testing.

757.4 For the purposes of this section, a “representative spill-proof system” or a “representative spill-proof spout” means a portable fuel container, spout, or combination portable fuel container and spout which, at the time of exemption, meets the performance standards specified in §752 or the Certification Requirements Specified in “CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts,” adopted by CARB July 26, 2006, including any subsequent amendments.

757.5 A manufacturer shall submit an application in writing to the Department for an innovative product exemption according to the following requirements:

(a) The application must include the supporting documentation that quantifies the emissions from the innovative product, including the actual physical test methods used to generate the data;

(b) The applicant must provide any information necessary to enable the Department to establish enforceable conditions for granting the exemption; and

manufacturer pursuant to this section shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR 106.

757.6 Within thirty (30) days of receipt of the exemption application, the Department shall notify the applicant in writing either that the application is complete or that additional information or testing is required before it can be deemed complete;

757.7 Within ninety (90) days after an application has been deemed complete, the Department will determine whether, under what conditions, and to what extent, an exemption from the requirements of §752 will be permitted:

(a) The applicant and the Department may mutually agree to a longer time period for reaching a decision;

(b) An applicant may submit additional supporting documentation before a decision has been reached; and

(c) The Department shall notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that emissions from use of the product will meet the performance standards specified in §752, and that such emissions reductions can be enforced.

757.8 In granting an innovative product exemption for a portable fuel container or spout, the Department shall specify the test methods for determining conformance to the conditions established, which may include criteria for reproducibility, accuracy, and sampling and laboratory procedures.

757.9 For any portable fuel container or spout for which an innovative product exemption has been granted pursuant to this section, the manufacturer shall notify the Department in writing at least thirty (30) days before the manufacturer changes a product’s design, delivery system, or other factors that may effect the VOC emissions during recommended usage; the manufacturer shall notify the Department within thirty (30) days after the manufacturer learns of any information that would alter the emissions estimates submitted to the Department in support of the exemption application.

757.10 If the Performance Standards specified in §752 are amended for a product category, all innovative product exemptions granted for products in the product category, except as provided in §757.11, have no effect as of the effective date of the amended performance standards.

757.11 If the Department believes that a portable fuel container or spout for which an exemption has been granted no longer meets the criteria for an innovative product specified in this section, the Department may hold a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §2-501 et seq., before a final determination.

758 PORTABLE FUEL CONTAINERS AND SPOUTS – VARIANCE

758.1 Portable fuel containers, spouts, or combination portable fuel containers and spouts, which have been granted a variance by CARB, shall be exempt from the requirements in §752 for the period of time that the CARB variance remains in effect.

758.2 Any manufacturer claiming such a variance on this basis must submit to the Department a copy of the CARB variance decision (i.e. the Executive Order), including all conditions established by CARB as applicable to the variance.

758.3 Any person or manufacturer who cannot comply with the requirements set forth in §752, due to extraordinary reasons beyond the person’s reasonable control, may apply in writing to the Department for a variance. The variance application shall include the following information:

(a) The specific grounds upon which the variance is sought;

(b) The proposed dates by which compliance with the provisions of §752 will be achieved; and

758.4 No variance shall be granted by the Department unless all of the following findings are made:

(a) Due to circumstances beyond the reasonable control of the applicant, required compliance with §752 would result in extraordinary economic hardship;

(b) The public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and

(c) The compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible.

758.5 Any approval of a variance by the Department shall specify a final compliance date wherein compliance with the requirements of §752 will be achieved. Any approval of a variance shall contain a condition that specifies increments of progress necessary to ensure timely compliance, and such other conditions that the Department, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of this regulation.

758.6 A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance.

758.7 Upon the application of any person, the Department may review, and for good cause, modify or revoke a variance from requirements of §752 after holding a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code §2-501 et seq.

759 RESERVED

760 RESERVED

761 RESERVED

762 RESERVED

763 SOLVENT CLEANING – GENERAL REQUIREMENTS

763.1 Sections 763 through 769 shall apply to any person who sells, supplies, offers for sale, or manufactures any solvent on or after January 1, 2005, for use in the District of Columbia.

763.2 For purposes of §§ 763 through 769 and any of the definitions in §799 applicable to §§ 763 through 769, the District incorporates by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited. These materials are incorporated in their current versions unless otherwise indicated in §§ 763 through 769 and 799.

763.3 Each part of §§ 763 through 769 shall be deemed severable, and if any part is held to be invalid, the remainder shall continue in full force.

764 SOLVENT CLEANING – COLD CLEANING

764.1 This section applies to all cold cleaning machines that process metal parts and contain more than one (1) liter of VOC. The provisions of this section shall not apply if the owner and operator of the cold cleaning machine demonstrates, and the District approves in writing, that compliance with this section will result in unsafe operating conditions.

764.2 Immersion cold cleaning machines shall have a freeboard ratio of seventy-five one hundredths (0.75) or greater, unless the machines are equipped with covers that are kept closed except when parts are being placed into or are being removed from the machine.

764.3 Immersion cold cleaning machines and remote reservoir cold cleaning machines shall:

(a) Have a permanent, conspicuous label summarizing the operating requirements in §764.4; and

(b) Be equipped with a cover that shall be closed at all times except during cleaning of parts or the addition or removal of solvent. For remote reservoir cold cleaning machines that drain directly into the solvent storage reservoir, a perforated drain with a diameter of not more than six (6) inches shall constitute an acceptable cover.

764.4 Cold cleaning machines shall be operated in accordance with the following procedures:

(a) Waste solvent shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container;

(b) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer;

(1) Parts having cavities or blind holes shall be tipped or rotated while the part is draining; and

(2) During the draining, tipping or rotating, the parts shall be positioned so that solvent drains directly back to the cold cleaning machine.

(c) Flushing of parts using a flexible hose or other flushing device shall be performed only within the freeboard area of the cold cleaning machine. The solvent spray shall be a solid fluid stream, not an atomized or shower spray, at a pressure that does not exceed ten (10) pounds per square inch gauge (psig);

(d) The owner or operator shall ensure that when the cover is open, the cold cleaning machine is not exposed to drafts greater than forty (40) meters per minute (132 feet per minute), as measured between one (1) and two (2) meters (3.3 and 6.6 feet) upwind, and at the same elevation as the tank lip;

(e) Sponges, fabric, wood, leather, paper products and other absorbent materials shall not be cleaned in the cold cleaning machine;

(f) When a pump‑agitated solvent bath is used, the agitator shall be operated to produce a rolling motion of the solvent with no observable splashing of the solvent against the tank walls or the parts being cleaned. Air agitated solvent baths may not be used;

(g) Spills during solvent transfer and use of the cold cleaning machine shall be cleaned up immediately, and the wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(h) Work area fans shall be located and positioned so that they do not blow across the opening of the degreaser unit; and

(i) The owner or operator shall ensure that the solvent level does not exceed the fill line.

764.5 Any solvent for use in a cold cleaning machine shall not have a vapor pressure of one millimeter of mercury (1.0 mm Hg) or greater, measured at twenty degrees Celsius (20^oC) containing VOCs;

764.6 A person who sells or offers for sale any solvent containing VOCs for use in a cold cleaning machine shall provide the following written information to the purchaser:

(a) The name and address of the solvent supplier;

(b) The type of solvent, including the product or vendor identification number; and

764.7 A person who operates a cold cleaning machine shall maintain for not less than two (2) years and shall provide to the Department, on request, the information specified in §764.6. An invoice, bill of sale, certificate that corresponds to a number of sales, Material Safety Data Sheet (MSDS), or other appropriate documentation acceptable to the Department may be used to comply with this section.

765 SOLVENT CLEANING – BATCH VAPOR CLEANING

765.1 This section applies to batch vapor cleaning machines that process metal parts.

765.2 Batch vapor cleaning machines shall be equipped with:

(a) Either a fully enclosed design, or a working and downtime mode cover that completely covers the cleaning machine openings when in place, is free of cracks, holes and other defects, and can be readily opened or closed without disturbing the vapor zone;

(1) If the solvent cleaning machine opening is greater than ten (10) square feet, the cover must be powered; and

(2) If a lip exhaust is used, the closed cover shall be below the level of the lip exhaust;

(b) Sides that result in a freeboard ratio greater than or equal to seventy-five one hundredths (0.75);

(c) A safety switch (thermostat and condenser flow switch) that shuts off the sump heat if the coolant is not circulating;

(d) A vapor up control switch that shuts off the spray pump if vapor is not present;

(e) An automated parts handling system that moves the parts or parts baskets at a speed of eleven (11) feet (3.4 meters) per minute or less when the parts are entering or exiting the vapor zone. If the parts basket or parts being cleaned occupy more than fifty percent (50%) of the solvent/air interface area, the speed of the parts basket or parts shall not exceed three (3) feet per minute;

(f) A device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils;

(g) A vapor level control device that shuts off the sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser;

(h) A primary condenser;

(i) A vapor cleaning machine that uses a lip exhaust shall be designed and operated to route all collected solvent vapors through a properly operated and maintained carbon adsorber such that the concentration of organic solvent in the exhaust does not exceed one hundred (100) parts per million (ppm); and

(j) A permanent, conspicuous label summarizing the operating requirements found in §765.5.

765.3 In addition to the requirements in §765.1, the operator of a batch vapor cleaning machine with a solvent/air interface area of thirteen (13) square feet or less shall use one of the following devices or strategies:

(a) A working mode cover, freeboard ratio of one (1.0), and superheated vapor;

(b) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and superheated vapor;

(c) A working mode cover and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point;

(d) Reduced room draft, freeboard ratio of one (1.0), and superheated vapor;

(e) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and reduced room draft;

(f) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and a freeboard ratio of one (1.0);

(g) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and dwell. Dwell shall be not less than thirty-five percent (35%) of the dwell time determined for the part or parts;

(h) Reduced room draft, dwell, and a freeboard ratio of one (1.0);

(i) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed one hundred (100) ppm at any time; and

(j) A freeboard ratio of one (1.0), superheated vapor, and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed one hundred (100) ppm at any time.

765.4 In addition to the requirements of §765.2, the operator of a batch vapor cleaning machine with a solvent/air interface area of greater than thirteen (13) square feet shall use one of the following devices or strategies:

(a) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, a freeboard ratio of one (1.0), and superheated vapor;

(b) Dwell and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, and reduced room draft. Dwell shall be not less than thirty-five percent (35%) of the dwell time determined for the part or parts;

(c) A working mode cover and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and superheated vapor;

(d) Reduced room draft, freeboard ratio of one (1.0), and superheated vapor;

(e) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, reduced room draft, and superheated vapor;

(f) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, reduced room draft, and a freeboard ratio of one (1.0); or

(g) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, superheated vapor, and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed one hundred (100) ppm at any time.

765.5 Batch vapor cleaning machines shall be operated in accordance with the following procedures:

(a) Waste solvent, still bottoms and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief but does not allow liquid solvent to drain from the container;

(b) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer:

(1) Parts having cavities or blind holes shall be tipped or rotated while the part is draining; and

(2) A superheated vapor system shall be an acceptable alternate technology;

(d) Flushing or spraying of parts using a flexible hose or other flushing device shall be performed within the vapor zone of the batch vapor cleaning machine or within a section of the machine that is not exposed to the ambient air. The solvent spray shall be a solid fluid stream, not an atomized or shower spray;

(e) When the cover is open, the batch vapor cleaning machine shall not be exposed to drafts greater than forty (40) meters per minute (132 feet per minute), as measured between one (1) and two (2) meters (3.3 and 6.6 feet) upwind and at the same elevation as the tank lip;

(f) Sponges, fabric, wood, leather, paper products and other absorbent materials shall not be cleaned in the batch vapor cleaning machine;

(g) Spills during solvent transfer and use of the batch vapor cleaning machine shall be cleaned up immediately or the machine shall be shut down. Wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(h) Work area fans shall be located and positioned so that they do not blow across the opening of the batch vapor cleaning machine;

(i) During startup of the batch vapor cleaning machine the primary condenser shall be turned on before the sump heater;

(j) During shutdown of the batch vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off;

(k) When solvent is added to or drained from the batch vapor cleaning machine, the solvent shall be transferred using threaded or other leak proof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface;

(l) The working and downtime covers shall be closed at all times except during parts entry and exit from the machine, during maintenance of the machine when the solvent has been removed, and during addition of solvent to the machine; and

(m) If a lip exhaust is used on the open top vapor degreaser, the ventilation rate shall not exceed twenty (20) m³/min/m² (65 ft³/min/ft²) of degreaser open area, unless a higher rate is necessary to meet federal Occupational Safety & Health Administration (OSHA) requirements.

766 SOLVENT CLEANING – IN-LINE VAPOR CLEANING

766.1 This section applies to in‑line vapor cleaning machines.

766.2 In‑line vapor cleaning machines shall be equipped with:

(b) A safety switch (thermostat and condenser flow switch) that shuts off the sump heat if the coolant is not circulating;

(d) A vapor up control switch;

(f) A device that shuts off the sump heat if the sump liquid solvent level drops to the sump heater coils;

(g) A vapor level control device that shuts off the sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser;

(h) A permanent, conspicuous label summarizing the operating requirements in §766.4;

(i) A primary condenser; and

(j) Each machine that uses a lip exhaust shall be designed and operated to route all collected solvent vapors through a properly operated and maintained carbon adsorber such that the concentration of organic solvent in the exhaust does not exceed one hundred (100) parts per million (ppm).

766.3 The operator of an in‑line vapor cleaning machine shall use one of the following devices or strategies:

(a) A freeboard ratio of one (1.0) and superheated vapor;

(b) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and a freeboard ratio of one (1.0);

(c) Dwell and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point. Dwell shall be not less than thirty-five percent (35%) of the dwell time determined for the part or parts; or

(d) Dwell and a carbon adsorber which reduces solvent emissions in the exhaust to a level not to exceed one hundred (100) ppm at any time. Dwell shall be not less than thirty-five percent (35%) of the dwell time determined for the part or parts.

766.4 In‑line vapor cleaning machines shall be operated in accordance with the following procedures:

(a) Waste solvent, still bottoms, and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container;

(b) Parts shall be oriented so that the solvent drains freely from the parts;

(1) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer; and

(2) Parts having cavities or blind holes shall be tipped or rotated while the part is draining;

(d) Flushing or spraying of parts using a flexible hose or other flushing device shall be performed within the vapor zone of the in‑line vapor cleaning machine or within a section of the machine that is not exposed to the ambient air. The solvent spray shall be a solid fluid stream, not an atomized or shower spray;

(e) Sponges, fabric, wood, leather, paper products and other absorbent materials shall not be cleaned in the in‑line vapor cleaning machine;

(f) Spills during solvent transfer and use of the in‑line vapor cleaning machine shall be cleaned up immediately, and the wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(g) Workplace fans shall not be used near the degreaser opening unless a higher rate is necessary to meet federal Occupational Safety & Health Administration (OSHA) requirements;

(h) During startup of the in‑line vapor cleaning machine the primary condenser shall be turned on before the sump heater;

(i) During shutdown of the in‑line vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off;

(j) Spraying operations shall be done in the vapor zone or within a section of the machine that is not exposed to the ambient air;

(k) When solvent is added to or drained from the in‑line vapor cleaning machine, the solvent shall be transferred using threaded or other leak proof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface; and

(l) Openings shall be minimized during operations so that entrances and exits silhouette workloads with an average clearance between the parts and the edge of the degreaser opening of less than ten (10) cm (4 in) or less than ten percent (10%) of the width of the opening.

767 SOLVENT CLEANING – AIRLESS AND AIR-TIGHT CLEANING

767.1 This section applies to airless cleaning machines and air‑tight cleaning machines that process metal parts.

767.2 The operator of each machine shall maintain a log of solvent additions and deletions for each machine that includes the weight of solvent contained in activated carbon or other absorbent materials used to control emissions from the cleaning machine;

767.3 The operator of each machine shall demonstrate that the emissions from each machine, on a three (3) month rolling average, are equal to or less than the allowable limit determined by the use of Table I in this section or the following equation if the volume of the cleaning machine exceeds 2.95 cubic meters:

EL = 330 (vol)^0.6

where:

EL = the three‑month rolling average monthly emission limit (kilograms/month);

vol = the cleaning capacity of machine (cubic meters);

Table I. Emission Limits for Cleaning Machines without a Solvent/Air Interface

Cleaning Capacity (m³)	3‑Month rolling average monthly emission limit (kilograms/month)	Cleaning capacity (m³)	3‑Month rolling average monthly emission limit (kilograms/month)	Cleaning capacity (m³)	3‑Month rolling average monthly emission limit (kilograms/month)
0.00	0	1.00	330	2.00	500
0.05	55	1.05	340	2.05	508
0.10	83	1.10	349	2.10	515
0.15	106	1.15	359	2.15	522
0.20	126	1.20	368	2.20	530
0.25	144	1.25	377	2.25	537
0.30	160	1.30	386	2.30	544
0.35	176	1.35	395	2.35	551
0.40	190	1.40	404	2.40	558
0.45	204	1.45	412	2.45	565
0.50	218	1.50	421	2.50	572
0.55	231	1.55	429	2.55	579
0.60	243	1.60	438	2.60	585
0.65	255	1.65	446	2.65	592
0.70	266	1.70	454	2.70	599
0.75	278	1.75	462	2.75	605
0.80	289	1.80	470	2.80	612
0.85	299	1.85	477	2.85	619
0.90	310	1.90	485	2.90	625
0.95	320	1.95	493	2.95	632

767.4 The operator of each machine shall operate the machine in conformance

with the manufacturer’s instructions and good air pollution control practices;

767.5 The operator of each machine equipped with a solvent adsorber shall

measure and record the concentration of solvent in the exhaust of the carbon adsorber weekly with a colorimetric detector tube designed to measure a concentration of one hundred (100) parts per million (ppm) by volume of solvent to air at an accuracy of plus or minus twenty-five (25) ppm by volume. This test shall be conducted while the solvent cleaning machine is in the working mode and is venting to the adsorber;

767.6 The operator of each machine equipped with a solvent adsorber shall maintain and operate the machine and adsorber system so that emissions from the adsorber exhaust do not exceed one hundred (100) ppm by volume, measured while the solvent cleaning machine is in the working mode and is venting to the adsorber;

767.7 The machine shall be equipped with a permanent, conspicuous label summarizing the operating requirements in §767.8;

767.8 Airless cleaning machines and air‑tight cleaning machines shall be operated in accordance with the following procedures:

(a) Waste solvent, still bottoms, and sump bottoms shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief but does not allow liquid solvent to drain from the container;

(b) Parts shall be oriented so that the solvent drains freely from the parts:

(1) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer; and

(2) Parts having cavities or blind holes shall be tipped or

rotated while the part is draining;

(d) Sponges, fabric, wood, leather, paper products and other absorbent materials shall not be cleaned in the airless cleaning machines and air‑tight cleaning machines;

(e) Spills during solvent transfer and use of the airless cleaning machines and air‑tight cleaning machines shall be cleaned up immediately, and the wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(f) Work area fans shall be located and positioned so that they do not blow across the airless cleaning machine and air‑tight cleaning machine;

(g) Spraying operations shall be done in the vapor zone or within a section of the machine that is not exposed to the ambient air; and

(h) Solvents shall be transferred using threaded or other leak proof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface when solvent is added to or drained from the airless cleaning machine and air‑tight cleaning machine.

768 SOLVENT CLEANING – ALTERNATIVE COMPLIANCE

768.1 As an alternative to complying with the provisions of §§ 764 through 767, the operator of a solvent cleaning machine may demonstrate compliance with §§ 768.3 and 768.4.

768.2 The operator shall maintain records sufficient to demonstrate compliance. The records, which shall be maintained for not less than two (2) years, shall include, at a minimum, the quantity of solvent added to and removed from the solvent cleaning machine, and the dates of the addition and removal.

768.3 If the cleaning machine has a solvent/air interface, the owner or operator shall:

(a) Maintain a log of solvent additions and deletions for each solvent cleaning machine; and

(b) Ensure that emissions from each solvent cleaning machine are equal to or less than the applicable emission limit presented in Table II of this section.

Table II. Emission limits for Batch Vapor and In-Line Solvent Cleaning Machines with a Solvent/Air Interface

Solvent Cleaning Machine	Three (3) Month Rolling Average (kg/m²/month)	Monthly Emission Limit: (lb/ft²/month)
Solvent cleaning machines batch vapor	150	30.7
Existing in‑line solvent cleaning machines	153	31.3
New in‑line solvent cleaning machines	99	20.2

768.4 If the cleaning machine is a batch vapor cleaning machine and does not have a solvent/air interface, the owner or operator shall:

(a) Maintain a log of solvent additions and deletions for each solvent cleaning machine; and

(b) Ensure that the emissions from each solvent cleaning machine are equal to or less than the appropriate limits as described in §§ 768.5 and 768.6. Each owner or operator of a batch vapor or in-line cleaning machine shall demonstrate compliance with the applicable three (3) month rolling average monthly emission limit on a monthly basis.

768.5 For cleaning machines with a cleaning capacity that is less than or equal to two and ninety-five one hundredths cubic meters (2.95 m³), the emission limit shall be determined using Table I in §767 or the equation in §768.6 of this section. If the table is used, and the cleaning capacity of the cleaning machine falls between two cleaning capacity sizes, then the lower of the two emission limits applies;

768.6 For cleaning machines with a cleaning capacity that is greater than two and ninety-five one hundredths cubic meters (2.95 m³), the emission limit shall be determined using the following equation:

EL = 330 (vol)^0.6

where:

EL = the 3‑month rolling average monthly emission limit (kilograms/month);

vol = the cleaning capacity of machine (cubic meters);

768.7 Each owner or operator of a batch vapor or in‑line solvent cleaning machine shall demonstrate compliance with the applicable three (3) month rolling average monthly emission limit on a monthly basis. If the applicable three (3) month rolling average emission limit is not met, an exceedance has occurred. All exceedances shall be reported to the District within thirty (30) days of the determination of the exceedance.

768.8 The owner or operator of a batch vapor or in-line solvent cleaning machine shall maintain records and determine compliance in accordance with the following:

                        (a)        On the first (1) operating day of every month ensure that the solvent cleaning machine system contains only clean liquid solvent;

                                    (1)        This includes, but is not limited to, fresh unused solvent, recycled solvent, and used solvent that has been cleaned of soils;

                                    (2)        A fill line must be indicated during the first month the measurements are made;

                                    (3)        The solvent level within the machine must be returned to the same fill-line each month, immediately before calculating monthly emissions; and

                                    (4)        The solvent cleaning machine does not have to be emptied and filled with fresh unused solvent before the calculations.

                        (b)        Using the records of all solvent additions and deletions for the previous monthly reporting period, determine solvent emissions using one of the following equations:

(1)        For cleaning machines with a solvent/air interface:

where:

E          =    the total halogenated HAP solvent emissions

                  from the solvent cleaning machine during the

                  most recent monthly reporting period

                  (kilograms of solvent per square meter of

                  solvent/air interface area per month);

                                          SA       =    the total amount of halogenated HAP liquid solvent added to the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

                                          LSR     =    the total amount of halogenated HAP liquid solvent removed from the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

                                          SSR     =    the total amount of halogenated HAP solvent removed from the solvent cleaning machine in solid waste during the most recent monthly reporting period (kilograms of solvent per month) determined from tests conducted using EPA reference method 25d or by engineering calculations included in the compliance report;

                                          Area    =    the solvent/air interface area of the solvent cleaning machine (square meters); or

                                    (2)        For cleaning machines without a solvent/air interface:

E = SA-LSR-SSR

where:

E          =    the total halogenated HAP solvent emissions from the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

                                          SA       =    the total amount of halogenated HAP liquid solvent added to the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

                                          LSR     =    the total amount of halogenated HAP liquid solvent removed from the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

                                          SSR     =    the total amount of halogenated HAP solvent removed from the solvent cleaning machine in solid waste during the most recent monthly reporting period (kilograms of solvent per month) determined from tests conducted using EPA reference method 25d (40 C.F.R. 60) or by engineering calculations included in the compliance report; and

                        (c)        Determine the monthly rolling average, EA, for the 3-month period ending with the most recent reporting period using one of the following equations:

(1)     For cleaning machines with a solvent/air interface:

                                                where:

EA       =    the average halogenated HAP solvent emissions

                  over the preceding three (3) monthly reporting

                  periods, (kilograms of solvent per square meter

                  of solvent/air interface area per month);

                                          E          =    halogenated HAP solvent emissions for each month (j) for the most recent three (3) monthly reporting periods (kilograms of solvent per square meter of solvent/air interface area);

                                                j=1       =    the most recent monthly reporting period;

                                          j=2       =    the monthly reporting period immediately before j=1;

                                           j=3       =    the monthly reporting period immediately before j=2; or

                                    (2)        For cleaning machines without a solvent/air interface:

where:

                                          EA       =    the average halogenated HAP solvent emissions over the preceding three (3) monthly reporting periods (kilograms of solvent per month);

                                          E          =    halogenated HAP solvent emissions for each month (j) for the most recent three (3) monthly reporting periods (kilograms of solvent per month);

j=1 = the most recent monthly reporting period;

j=2 = the monthly reporting period immediately before j=1;

                                          j=3       =    the monthly reporting period immediately before j=2.

769 SOLVENT CLEANING – RECORDKEEPING AND MONITORING

769.1 The operator of a solvent cleaning machine subject to §§ 764 through 767 shall conduct monitoring and record keeping as follows:

(a)        If a freeboard refrigeration device is used to comply with these standards, the owner or operator shall use a thermometer or thermocouple to measure the temperature at the center of the air blanket during the idling mode.  Measurements and recordings shall be made weekly;

(b)        If a superheated vapor system is used to comply with these standards, the owner or operator shall use a thermometer or thermocouple to measure the temperature at the center of the superheated solvent vapor zone while the solvent cleaning machine is in the idling mode. Measurements and recordings shall be made weekly;

(c)        If a cover (working-mode, downtime-mode, or idling-mode cover) is used to comply with these standards, the owner or operator shall conduct a visual inspection to determine if the cover opens and closes properly, completely covers the cleaning machine openings when closed, and is free of cracks, holes, and other defects.  Observations and recordings shall be made weekly;

(d)       If dwell is used, the owner or operator shall determine the actual dwell time by measuring the period of time that parts are held within the freeboard area of the solvent cleaning machine after cleaning.  Observations and recordings shall be made monthly;

(e)        The owner or operator shall determine the hoist speed by measuring the time it takes for the hoist to travel a measured distance. The speed is equal to the distance in meters divided by the time in minutes (meters per minute).  Measurements and recordings shall be made monthly;

(f)        The owner or operator of a batch vapor or in-line solvent cleaning machine complying using reduced room draft, maintained by controlling room parameters including but not limited to redirecting fans, and closing doors and windows, shall conduct monitoring and record the results as follows:

(1)        Initially measure the wind speed within six (6) inches above the top of the freeboard area of the solvent cleaning machine in accordance with the following:

(A)       Determine the direction of the wind current by slowly rotating a velometer or similar device until the maximum speed is located;

(B)       Orient a velometer in the direction of the wind current at each of the four corners of the machine;

(C)       Record the reading for each corner; and

(D)       Average the values obtained at each corner and record the average wind speed;

(2)        Record the room parameters established during the initial compliance test to achieve the reduced room draft;

(3)        Quarterly monitor the wind speed in accordance with subparagraph (f)(1) of this section; and

(4)        Weekly monitor the room parameters as specified in this section;

(g)        If an enclosure, full or partial, is used to achieve reduced room draft, the owner or operator shall conduct an initial monitoring test and, thereafter, monthly monitoring tests of the wind speed within the enclosure by slowly rotating a velometer inside the entrance to the enclosure until the maximum speed is located and record the maximum wind speed.  The owner or operator shall also conduct a monthly visual inspection of the enclosure to determine if it is free of cracks, holes and other defects; and

(h)        If a carbon adsorber is used to comply with these standards, the owner or operator shall measure and record the concentration of halogenated HAP solvent in the exhaust of the carbon adsorber weekly with a colorimetric detector tube;

(1)        This test shall be conducted while the solvent cleaning machine is in the working mode and is venting to the carbon adsorber;

(2)        The exhaust concentration shall be determined using a colorimetric detector tube designed to measure a concentration of one hundred (100) parts per million by volume of solvent in air to an accuracy of plus or minus twenty–five (25) parts per million (ppm) by volume; and

(3)        The concentration shall be determined through a sampling port for monitoring within the exhaust outlet that is easily accessible and located at least eight (8) stack or duct diameters downstream and two (2) stack or duct diameters upstream from any flow disturbance such as a bend, expansion, contraction, or outlet; downstream from no other inlet.

770 MISCELLANEOUS INDUSTRIAL SOLVENT CLEANING OPERATIONS

770.1 Except as provided in §770.9, after March 1, 2011, any person who:

(a) Uses any industrial cleaning solvent in a solvent cleaning operation in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process where the facility emits at least fifteen (15) pounds of VOC emissions in any one (1) day from all solvent cleaning operations shall be subject to this section through §770.10(a);

(b) Sells, supplies, offers for sale, or manufactures any industrial cleaning solvent for use in the District of Columbia shall be subject to this section through §770.10(a); or

(c) Uses any industrial cleaning solvent in a solvent cleaning operation in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process where the facility emits less than fifteen (15) pounds of VOC emissions in any one (1) day from all solvent cleaning operations shall be subject to §770.10(b).

770.2 Any solvent cleaning operation that becomes or is currently subject to the provisions of this section by exceeding the applicability threshold in §770.1(a) will remain subject to these provisions even if its throughput or emissions have fallen or later fall below the applicability threshold.

770.3 For purposes of §770 and any of the definitions in §799 applicable to §770, the District incorporates by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited. These materials are incorporated in their current versions unless otherwise indicated in §§ 770 and 799.

770.4 Each part of §770 shall be deemed severable, and if any part is held to be invalid, the remainder shall continue in full force.

770.5 On and after March 1, 2011, no person may use any industrial cleaning solvent in a solvent cleaning operation unless:

(a) The person uses an industrial cleaning solvent that meets at least one of the following limitations:

(1) A content limit of fifty (50) grams VOC per liter as applied including water and exempt compounds; or

(2) A composite vapor pressure of less than or equal to eight millimeters of mercury (8 mm Hg) at twenty degrees Celsius (20°C); or

                        (b)        The person controls VOC emissions from the solvent cleaning operation with an emission control system with an overall control efficiency of at least eight-five percent (85%).

770.6 The VOC content of industrial cleaning solvents shall be determined by:

(a) EPA Reference Method 24 (Code of Federal Regulations, Title 40, Part 60, Appendix A), where the exempt compounds' content shall be determined by the South Coast Air Quality Management District's (SCAQMD) Method 303 (Determination of Exempt Compounds) contained in the SCAQMD "Laboratory Methods of Analysis for Enforcement Samples" manual; or

(b) SCAQMD Method 304 [Determination of Volatile Organic Compounds (VOC) in Various Materials] contained in the SCAQMD "Laboratory Methods of Analysis for Enforcement Samples" manual; where

(c) For the purposes of (a) and (b), exempt perfluorocarbon compounds will be analyzed as exempt compounds for compliance with §770.4, only when manufacturers specify which individual compounds are used in the solvent formulation and identify the EPA and the District approved test methods used to quantify the amount of each exempt compound.

770.7 The vapor pressure of the industrial cleaning solvent shall be determined using the following methods:

(a) If the solvent subject to §770.5 is composed of only one VOC, the vapor pressure shall be determined by ASTM Method D-2879-86 or from a published source such as: Boublik, T., V. Fried and E. Hala, “The Vapor Pressure of Pure Substances,” Elsevier Scientific Publishing Company, New York (1973), or Perry’s Chemical Engineer’s Handbook, McGraw-Hill Book Company (1984), or CRC Handbook of Chemistry and Physics, Chemical Rubber Publishing Company (1986-87), or Lange’s Handbook of Chemistry, John A. Dean, editor, McGraw-Hill Book Company (1985);

(b) If the industrial cleaning solvent subject to §770.5 is composed of VOCs and non-VOCs, the vapor pressure shall be determined by the following equation:

P =

where:

P = Total vapor pressure of the VOC component of the solvent at 20°C, in millimeters of mercury (mm Hg),

n = Number of VOCs in the solvent, i = Subscript denoting an individual VOC,

Pi = Vapor pressure of the “i”th VOC at 20°C determined pursuant to §709.8(a), in mm Hg, and

Xi = Mole fraction of the “i”th VOC of the total solvent; or

(c) If the industrial cleaning solvent subject to §770.5 is composed of only VOCs, the vapor pressure shall be determined by ASTM Method D-2879-86 or by the equation in §770.7(b).

770.8 A person who sells or offers for sale any solvent containing VOCs for use in a solvent cleaning operation shall provide the following written information to the purchaser:

(a) The name and address of the solvent supplier;

(b) The type of solvent including the product or vendor identification number; and

(d) The VOC content in grams per liter including exempt compounds.

770.9               Sections 770.1 through 770.8 shall not apply on or after March 1, 2011, to any person who owns, operates, or leases:

(a) Any cold cleaning machine, batch vapor cleaning machine, in-line vapor cleaning machine, airless cleaning machine, air-tight cleaning machine, or other solvent cleaning machine subject to §§ 763 to 769;

(b) Cleaning and surface preparation operations at sources subject to §§ 710, 714, 716, 718, and 743 through 749;

(d) Products used to clean high precision optics;

(e) Products used to clean numismatic dies;

(f) Products used to strip cured inks, coatings, and adhesives;

(g) Cleaning products used for janitorial purposes, including graffiti remover products;

(h) Products used to clean resin, coating, ink, and adhesive mixing, molding, and application equipment;

(i) Cleaning and surface preparation operations in research and development laboratories;

(j) Cleaning and surface preparation operations in medical device or pharmaceutical products manufacturing;

(k) Cleaning and surface preparation operations related to performance of quality assurance testing or performance testing of coatings, inks, or adhesives;

(l) Cleaning and surface preparation operations related to the application of coatings, inks, and adhesives to flexible packaging from presses, press parts, and areas around presses, including off-line cleaning;

(m) Parts washers or cold cleaners for purposes other than removing inks, coatings and adhesives from flexible package printing presses.

(n) Cleaning and surface preparation operations related to application of coatings subject to regulation under §§ 773 to 778 (AIM) to the extent the coatings are used as architectural and industrial maintenance coatings;

(o) Printing operations using electron beam inks or ultraviolet inks;

(p) Cleaning and surface preparation operations related to screen printing;

(q) Cleaning and surface preparation operations related to specialty flexographic printing; or

(r) Cleaning and surface preparation operations related to magnet wire coating operations.

770.10 Any person subject to:

(a) Sections 770.1(a) or (b) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows:

(1) The records shall include, but not be limited, to the information specified in §770.7 or an invoice, bill of sale, certificate that corresponds to a number of sales, Material Safety Data Sheet (MSDS), or other appropriate documentation acceptable to the Department that may be used to comply with this section;

(2) The records shall provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met;

(3) Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard; and

(4) The records shall be retained at least two (2) years and shall be made available to the Department on request.

(b) Section 770.1(c) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applicability threshold.

771 MISCELLANEOUS CLEANING AND VOC MATERIALS HANDLING STANDARDS

771.1 On or after March 1, 2011, any person who:

(a) Owns, operates, or leases any solvent cleaning operation subject to §770 shall be subject to §§ 771 through 771.4(a);

(b) Uses any process that applies coatings, inks, or adhesives to flexible packaging where the facility emits more than fifteen pounds (15 lbs) of VOC emissions in any one (1) day before consideration of controls from all processes involved in applying coatings, inks, or adhesives to flexible packaging, including related clean-up activities shall be subject to §§ 771 through 771.4(a); and

(c) Uses any process that applies coatings, inks, or adhesives to flexible packaging where the facility emits less than fifteen pounds (15 lbs) of VOC emissions in any one (1) day before consideration of controls from all processes involved in applying coatings, inks, or adhesives to flexible packaging, including related clean-up activities shall be subject to §771.4(b).

771.2 Any solvent cleaning operation or other process specified in §771.1 that becomes or is currently subject to the provisions of this section by exceeding the applicability threshold in §§ 771.1(a) or (b) shall remain subject to these provisions even if its throughput or emissions have fallen or later fall below the applicability threshold.

771.3 No person subject to this §771.1 shall use, handle, store, or dispose of

VOC containing materials coatings, solvents, industrial cleaning solvents, inks, adhesives and waste materials unless the person:

(a) Stores all VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives and waste materials in closed containers, except when depositing or removing these materials;

(b) Minimizes spills of VOC containing materials;

(d) Conveys any VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives and waste materials in closed containers or pipes;

(e) Closes mixing vessels which contain VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, and adhesives except when they are specifically in use;

(f) Minimizes emissions of VOCs during cleaning of storage, mixing, conveying, and other equipment; and

(g) Stores cloth and paper, or other absorbent applicators, moistened with coatings, solvents or cleaning solvents in closed, nonabsorbent, nonleaking containers.

771.4 Any person subject to:

(a) Sections 771.1(a) or (b) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows:

(1) The records shall provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met;

(2) Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averaging period of the standard; and

(3) The records shall be retained at least two (2) years and shall be made available to the Department on request.

(b) Section 771.1(c) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applicability threshold.

772                  RESERVED

773 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – GENERAL REQUIREMENTS

773.1 Sections 773 through 778 apply to any person who supplies, sells, offers for sale, manufactures, applies, blends, repackages, or solicits the application of any architectural coating on or after January 1, 2005, within the District of Columbia, except as provided in §775.

773.2 For purposes of §§ 773 through 778 and of any definitions in §799 applicable to §§ 773 through 778 the District incorporates by reference rules and test methods from the United States Environmental Protection Agency (U.S. EPA), the Code of Federal Regulations (CFR), the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), the Bay Area Air Quality Management District (BAAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited. These materials are incorporated in their current versions unless otherwise indicated in §§ 773 through 778 and 799.

773.3 Each part of §§ 773 through 778 shall be deemed severable, and if any part is held to be invalid, the remainder shall continue in full force.

774 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – STANDARDS

774.1 No person shall manufacture, blend, supply, sell, offer for sale, apply or solicit the application of any architectural coating with a VOC content in excess of the corresponding limit specified in Table I of this section, except as provided in §§ 774.2, 774.3, 774.8, and 774.10.

774.2 The most restrictive VOC content limit shall apply if anywhere on the container of any architectural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in Table I of this section. This provision does not apply to the following coating categories:

(a) Lacquer coatings (including lacquer sanding sealers);

(b) Metallic pigmented coatings;

(d) Fire‑retardant coatings;

(e) Pretreatment wash primers;

(f) Industrial maintenance coatings;

(g) Low‑solids coatings;

(h) Wood preservatives;

(i) High‑temperature coatings;

(j) Temperature‑indicator safety coatings;

(k) Antenna coatings;

(l) Antifouling coatings;

(m) Flow coatings;

(n) Bituminous roof primers;

(o) Specialty primers, sealers, and undercoaters;

(p) Thermoplastic rubber coating and mastic;

(q) Calcimine recoaters;

(r) Impacted immersion coatings;

(s) Nuclear coatings; and

(t) Concrete surface retarders.

774.3 A coating manufactured before the effective date specified for that coating in Table I of this section, may be sold, supplied, or offered for sale after the specified effective date. In addition, a coating manufactured before the effective date specified for that coating in Table I of this section may be applied at any time, both before and after the specified effective date, so long as the coating complied with the standards in effect at the time the coating was manufactured. This subsection does not apply to any coating that does not display the date or date code required by §776.1(a).

774.4 All architectural coating containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging, or other means, shall be closed when not in use.

These architectural coatings containers include, but are not limited to:

(a) Drums, buckets, cans, pails, trays, or other application containers; and

(b) Containers of any VOC‑containing materials used for thinning and cleanup shall also be closed when not in use.

774.5 No person who applies or solicits the application of any architectural coating shall apply a coating that is thinned to exceed the applicable VOC limit specified in Table I of this section.

774.6 No person shall apply or solicit the application of any rust preventive coating for industrial use, unless such a rust preventive coating complies with the industrial maintenance coating VOC limit specified in Table I of this section.

774.7 For any coating that does not meet any of the definitions for the specialty coatings categories listed in Table I of this section, the VOC content limit shall be determined by classifying the coating as a flat coating or a non‑flat coating, based on its gloss, as defined in §799, and the corresponding flat or non‑flat coating limit shall apply.

774.8 A manufacturer, seller, or user of an industrial maintenance coating may petition the Department to apply an industrial maintenance coating with a VOC content greater than three hundred and forty gallons per liter (340 g/1) if all of the following conditions are met:

(a) The industrial maintenance coating is applied outside the ozone season, normally May through September every year;

(b) The petition submitted to the Department shall contain the following information, as applicable: job requirements and descriptions, volume of coating, maximum VOC content, and a certification that a complying coating meeting the job performance requirements is not available; and

(c) If the Department grants written approval, such approval shall contain volume and VOC limit conditions. Until written approval is granted by the Department and received by the petitioner, all provisions of this section shall apply.

774.9 The Department shall not approve any petition under §774.8 if the approvals previously granted by the Department during the calendar year, when combined with the petition under consideration, would result in excess VOC emissions for that calendar year that would exceed five percent (5%) of the annual emission reduction achieved within the District of Columbia from implementing the January 1, 2005, VOC limit for industrial maintenance coatings. Coatings subject to this provision shall be sold only if an approved petition (or a copy of it) is provided before the sale. Coatings subject to this provision shall not be available to the general public.

774.10 Notwithstanding the provisions of §774.1, a person or facility may add up to ten percent (10%) by volume of VOC to a lacquer to avoid blushing of the finish during days with relative humidity greater than seventy percent (70%) and temperature below sixty-five degrees Fahrenheit (65°F) at the time of application, provided that the coating contains acetone and no more than five hundred fifty (550) grams of VOC per liter of coating, less water and exempt compounds, before the addition of VOC.

Table of Standards. VOC Content Limits for Architectural Coatings.^{^[1]}

Coating Category	VOC Content Limit (Grams VOC per liter)^{^[2]}
Flat coatings	100
Non‑flat coatings	150
Non‑flat‑ high gloss coatings	250
Specialty Coatings
Antenna coatings	530
Antifouling coatings	400
Bituminous roof coatings	300
Bituminous roof primers	350
Bond breakers	350
Calcimine recoater	475
Clear wood coatings:
• Clear brushing lacquers	680
• Lacquers (including lacquer sanding sealers)	550
• Sanding sealers (other than lacquer sanding sealers)	350
• Varnishes	350
Concrete curing compounds	350
Concrete surface retarders	780
Conjugated oil varnish	450
Conversion varnish	725
Dry fog coatings	400
Faux finishing coatings	350
Fire‑resistive coatings	350
Fire‑retardant coatings
• Clear	650
• Opaque	350
Floor coatings	250
Flow coatings	420
Form‑release compounds	250
Graphic arts coatings (sign paints)	500
High‑temperature coatings	420
Industrial maintenance coatings	340
Impacted immersion coatings	780
Low‑solids coatings^{^[3]}	120
Magnesite cement coatings	450
Mastic texture coatings	300
Metallic pigmented coatings	500
Multi‑color coatings	250
Nuclear coatings	450
Pre‑treatment wash primers	420
Primers, sealers, and undercoaters	200
Reactive penetrating carbonate stone sealer	600
Quick‑dry enamels	250
Quick‑dry primers, sealers and undercoaters	200
Recycled coatings	250
Roof coatings	250
Rust preventative coatings	400
Shellacs
• Clear	730
• Opaque	550
Specialty primers, sealers, and undercoaters	350
Stains	250
Stone consolidants	450
Swimming pool coatings	340
Swimming pool repair and maintenance coatings	340
Temperature‑indicator safety coatings	550
Thermoplastic rubber coatings and mastics	550
Traffic marking coatings	150
Waterproofing sealers	250
Waterproofing concrete/masonry sealers	400
Wood preservatives	350

775 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – EXEMPTIONS

775.1 Sections 773 through 778 do not apply to:

(a) Any architectural coating that is sold or manufactured for use outside of the District of Columbia or for shipment to other manufacturers for reformulation or repackaging;

(b) Any aerosol coating product; or

776 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – LABELING REQUIREMENT

776.1 A manufacturer of any architectural coating shall list the following information on the coating container (or label) in which the coating is sold or distributed:

(a) The date the coating was manufactured, or a date code representing the date, on the label, lid, or bottom of the container, and if the manufacturer uses a date code for any coating, the manufacturer shall file an explanation of each code with the Department;

(b) A statement of the manufacturer's recommendation regarding thinning of the coating on the label or lid of the container, except to the thinning of architectural coatings with water. If thinning of the coating before use is not necessary, the recommendation must specify that the coating is to be applied without thinning;

(c) Either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer, where:

(1) VOC content shall be displayed in grams of VOC per liter of coating; and

(2) VOC content displayed shall be calculated using product formulation data, or shall be determined using the test methods and equations in §§ 778.1(a), 778.1(b) and 778.2;

(d) On the label or the lid of the container in which any industrial maintenance coating is sold or distributed, one or more of the descriptions listed in subparagraphs (1) through (3):

(1) "For industrial use only";

(2) "For professional use only"; or

(3) "Not for residential use" or "Not intended for residential use";

(e) If the product is a clear brushing lacquer, the prominently displayed statements "For brush application only", and "This product must not be thinned or sprayed";

(f) If the product is a rust preventive coating, the prominently displayed statement, "For Metal Substrates Only";

(g) If the product is a specialty primers sealer, or undercoater, the prominent display of one or more of the descriptions listed in subparagraphs (1) through (6):

(1) For blocking stains;

(2) For fire‑damaged substrates;

(3) For smoke‑damaged substrates;

(4) For water‑damaged substrates;

(5) For excessively chalky substrates; or

(6) To seal in efflorescence;

(h) If the product is a quick dry enamel, the prominently displayed words "Quick Dry" and the dry hard time;

(i) If the product is a non‑flat, high‑gloss coating, the prominently displayed words "High Gloss"; and

(j) If the product is a stone consolidant, the prominently displayed words “Stone Consolidant – For Professional Use Only.”

777 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – REPORTING REQUIREMENTS

777.1 Upon request by the Department, any manufacturer of clear brushing lacquers shall submit a report to the Department that specifies the number of gallons of clear brushing lacquers sold in the District of Columbia during the preceding calendar year, and describes the method used by the manufacturer to calculate District of Columbia sales.

777.2 Upon request by the Department, any manufacturer of rust preventive coatings shall submit an annual report to the Department that specifies the number of gallons of rust preventive coatings sold in the District of Columbia during the preceding calendar year, and describes the method used by the manufacturer to calculate District of Columbia sales.

777.3 Upon request by the Department, any manufacturer of specialty primers, sealers, and undercoaters shall submit an annual report to the Department that specifies the number of gallons of specialty primers, sealers, and undercoaters sold in the District of Columbia during the preceding calendar year, and describes the method used by the manufacturer to calculate District of Columbia sales.

777.4 Upon request by the Department, any manufacturer of architectural coating that contains perchloroethylene or methylene chloride shall submit an annual report to the Department that specifies the following information for products sold in the District of Columbia during the preceding year:

(a) The product brand name and a copy of the product label with the legible usage instructions;

(b) The product category listed in Table I in §774 to which the coating belongs;

(d) The volume percent, to the nearest one tenth percent (0.10%), of perchloroethylene and methylene chloride in the coating.

777.5 Upon request by the Department, any manufacturer of recycled coatings shall submit a letter to the Department certifying its status as a recycled paint manufacturer and shall submit an annual report to the Department. The report shall include, for all recycled coatings, the total number of gallons distributed in the District of Columbia during the preceding year and shall describe the method used by the manufacturer to calculate District of Columbia distribution.

777.6 Upon request by the Department, any manufacturer of bituminous roof coatings or bituminous roof primers shall submit an annual report to the Department that specifies the number of gallons of bituminous roof coatings or bituminous roof primers sold in the District of Columbia during the preceding calendar year and describes the method used by the manufacturer to calculate District of Columbia sales.

778 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – TESTING REQUIREMENTS

778.1 For the purpose of determining compliance with the VOC content limits in Table I in §774, the VOC content of a coating shall be determined by using the procedures described below in paragraphs (a) or (b), as appropriate. The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured as follows:

(a) With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt compounds. Determine the VOC content using the following equation:

VOC Content = (Ws ‑ Ww ‑ Wec)

(Vm ‑ Vw ‑ Vec)

where:

VOC content = grams of VOC per liter of coating;

Ws = weight of volatiles, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams;

Vm = volume of coating, in liters;

Vw = volume of water, in liters; and

Vec = volume of exempt compounds, in liters; or

(b) For low solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, including the volume of any water and exempt compounds. Determine the VOC content using the following equation:

VOC Content (ls) = (Ws ‑ Ww ‑ Wec)

(Vm)

where:

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

Ws = weight of volatile, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams; and

Vm = volume of coating, in liters.

778.2 To determine the physical properties of a coating in order to perform the calculations in §778.1, the reference method for VOC content is U.S. EPA Method 24, except as provided in §§ 778.3 and 778.4. An alternative method to determine the VOC content of coatings is SCAQMD Method 304‑91 (Revised February 1996). The exempt compounds content shall be determined by SCAQMD Method 303‑91 (Revised August 1996). To determine the VOC content of a coating, the manufacturer may use U.S. EPA Method 24, or an alternative method, as provided in §778.3, formulation data, or any other reasonable means for predicting that the coating has been formulated as intended including but not limited to quality assurance checks and record keeping. However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 results will govern, except when an alternative method is approved as specified in §778.3. The Department may require the manufacturer to conduct a Method 24 analysis.

778.3 Alternative test methods may be used if they are demonstrated to provide results that are acceptable for purposes of determining compliance with §778.2, and have been reviewed and approved in writing by the Department and the U.S. EPA.

778.4 Analysis of methacrylate multi‑component coatings used as traffic marking coatings shall be conducted according to a modification of U.S. EPA Method 24 in 40 CFR 59, Subpart D, Appendix A. This method has not been approved for methacrylate multi-component coatings used for purposes other than traffic marking coatings or other classes of multi-component coatings.

778.5 The following test methods shall be used to test coatings subject to the provisions of this section:

(a) The flame spread index of a fire-retardant coating shall be determined by the ASTM Designation E 84‑99, Standard Test Method for Surface Burning Characteristics of Building Materials, (see §799, fire‑retardant coating);

(b) The fire‑resistance rating of a fire‑resistive coating shall be determined by ASTM designation E 119‑98, Standard Test Methods for Fire Tests of Building Construction Materials, (see §799, fire‑resistive coating);

(c) The gloss of a coating shall be determined by ASTM Designation D 523‑89 (1999), Standard Test Method for Specular Gloss, (see §799, flat coating, non‑flat coating, non‑flat high gloss coating, and quick dry enamel);

(d) The metallic content of a coating shall be determined by SCAQMD Method 318‑95, Determination of Weight Percent Elemental Metal in Coatings by X‑Ray Diffraction, SCAQMD Laboratory Methods of Analysis for Enforcement Samples, (see §799, metallic pigmented coating);

(e) The acid content of a coating shall be determined by ASTM Designation D 1613‑96, Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products (see §799, pre‑treatment wash primer);

(f) The set‑to‑touch, dry‑hard, dry‑to‑touch and dry‑to‑recoat times of a coating shall be determined by ASTM Designation D 1640‑95, Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature, (see §799, quick dry enamel and quick‑dry primer, sealer, and undercoater). The tack free time of a quick‑dry enamel coating shall be determined by the Mechanical Test Method of ASTM Designation D 1640‑95;

(g) The chalkiness of a surface shall be determined using ASTM Designation D 4214‑98, Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films, (see §799, specialty primer, sealer, and undercoater);

(h) The following compounds are exempt from the test methods above and shall be analyzed by the following alternative methods:

(1) Compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be analyzed as exempt compounds for compliance with §778 by BAAQMD Method 43, Determination of Volatile Methylsiloxanes in Solvent‑Based Coatings, Inks, and Related Materials, BAAQMD Manual of Procedures, Volume III, adopted November 6, 1996, (see §799, volatile organic compound, and §778.2);

(2) Parachlorobenzotrifluoride shall be analyzed as an exempt compound for compliance with §778 by BAAQMD Method 41, Determination of Volatile Organic Compounds in Solvent‑Based Coatings and Related Materials Containing Parachlorobenzotrifluoride, BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995, (see §799, volatile organic compound, and §778.2); and

(3) Compounds exempt under U.S. EPA Method 24, which shall be analyzed by SCAQMD Method 303‑91 Revised 1993), Determination of Exempt Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement Samples, (see §799, volatile organic compound, and §778.2);

(i) The VOC content of a coating shall be determined by U.S. EPA Method 24 as it exists in 40 CFR Part 60, Appendix A, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, (see §778.2);

(j) Alternatively, the VOC content of coatings may be analyzed by either U.S. EPA Method 24 or SCAQMD Method 304‑91 (Revised 1996), Determination of Volatile Organic Compounds (VOC) in Various Materials, SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see §778.2);

(k) The VOC content of methacrylate multicomponent coatings used as traffic marking coatings shall be analyzed by the procedures in 40 CFR Part 59, Subpart D, Appendix A, Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings, (September 11, 1998), (see §778.4); and

(l) The VOC content of stone consolidants shall by analyzed by ASTM E2167-01, “Standard Guide for Selection and Use of Stone Consolidants” (see section 799, Stone Consolidant).

799 Definitions is amended to read as follows:

799.1 The meanings ascribed to the definitions and abbreviations appearing in §199 of Chapter 1 shall apply to the terms and abbreviations in this chapter. In addition the following terms and phrases used in this chapter shall have the meanings set forth in this section unless the text or context of a particular section, subsection or paragraph provides otherwise.

ACP agreement – the document signed by the Department that includes the conditions and requirements of the Alternative Control Plan (ACP) and allows manufacturers to sell ACP products in District of Columbia.

ACP emissions – is the following:

(a) The sum of the VOC emissions during the compliance period specified in the ACP agreement from every ACP product subject to an ACP Agreement approving an ACP, expressed to the nearest pound of VOC; and

(b) Calculated according to the following equation:

where:

(1) For all products except for charcoal lighter material products:

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

B = total weight of all VOCs per unit, as defined in this section; and

C = total weight of all exempted VOCs per unit, as specified in §721; or

(2) For charcoal lighter material products only:

Certified Emissions = the emissions level for products approved by the Department under §730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991) including subsequent amendments, expressed to the nearest 0.001 pound CH₂per start; and

Certified Use Rate = the usage level for products approved by the Department under §730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991) including subsequent amendments, expressed to the nearest 0.001 pound certified product used per start.

ACP limit – is the following:

(a) 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

(b) Calculated according to the following equation:

where:

Enforceable Sales = the total amount of an ACP product sold for use in District of Columbia 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 container and packaging;

ACP Standard = either the ACP product's Pre-ACP VOC Content, or the applicable VOC standard specified in §720, whichever is the lesser of the two;

Pre-ACP VOC Content = the lowest VOC content which the ACP product had between January 1, 1990 and the date on which the application for a proposed ACP is submitted to the Department, based on either the data on the product obtained from the March 12, 1991 CARB Consumer Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product; and

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

ACP product – any consumer product subject to the VOC standards specified in §720, except those products that have been exempted under §721 or exempted as Innovative Products under §736.

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

ACP standard – either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in §720, whichever is less.

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

(a) For all ACP products except for charcoal lighter material, the applicable VOC Standard specified in §720; and

(b) For charcoal lighter material products only, the VOC Standard shall be calculated according to the following equation:

where:

0.020 = the certification emissions level for the District of Columbia-approved product, as specified in §730; and

Certified Use Rate = the usage level for products approved by the District of Columbia under §730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), including subsequent amendments, expressed to the nearest 0.001 pound certified product used per start.

Acrylonitrile-butadiene-styrene (ABS) welding adhesive – any adhesive intended by the manufacturer to weld ABS pipe, which is made by reacting monomers of acrylonitrile, butadiene, and styrene.

Adhesive – is the following:

(a) For the purposes of §§ 719 through 737:

(1) Any product that is used to bond one (1) surface to another by attachment;

(2) 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;

(3) For “contact adhesive,” does not include units of product, less packaging, which consist of more than one (1) gallon; and

(4) For “construction, panel, and floor covering adhesive” and “general purpose adhesive,” does not apply to aerosol adhesives or units of product, less packaging, that weigh more than one (1) pound and consist of more than sixteen (16) fluid ounces; and

(b) For the purposes of §§ 714, 743 through 749, 770 and 771, and §§ 773 through 778, any chemical substance that is used to bond two (2) surfaces together other than by mechanical means.

Adhesive primer – any product intended by the manufacturer to be applied to a substrate, before the application of an adhesive, to provide a bonding surface.

Adhesive remover – a product designed to remove adhesive from either a specific substrate or a variety of substrates. Adhesive remover does not include a product that removes adhesives intended exclusively for use on humans or animals. Adhesive includes, but is not limited to, caulks, sealants, glues, or similar substances used for the purposes of forming a bond. For the purpose of this definition and “adhesive remover” subcategories (a) through (d), the term “adhesive” shall mean a substance used to bond one or more of the following materials:

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

(b) Gasket or thread locking adhesive remover – a product designed or labeled to remove gaskets or thread locking adhesives. Products labeled for dual use as a paint stripper and gasket remover or thread locking adhesive remover are considered gasket or thread locking adhesive remover;

(c) General purpose adhesive remover – a product designed or labeled to remove 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; and

(d) Specialty adhesive remover – 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.

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

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

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

Aerosol product – 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, excluding pump sprays.

Aerospace component – for the purposes of §§ 743 to 749, the fabricated part, assembly of parts or completed unit of any aircraft, helicopter, missile, or space vehicle, including passenger safety equipment.

Agricultural use – is the following:

(a) The use of any pesticide, method, or device for the control of pests in connection with the commercial production, storage or processing of any animal or plant crop;

(b) Does not include the sale or use of pesticides in properly labeled packages or containers that are intended for home use, use in structural pest control, industrial use, or institutional use; and

(1) “Home use” refers to use in a household or its immediate environment;

(2) “Structural pest control” refers to a use requiring a license under the applicable District of Columbia pesticide licensing requirement;

(3) “Industrial use” refers to use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites; and

(4) “Institutional use” refers to use within the lines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes.

Air freshener – is the following:

(a) 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;

(b) 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 shall not constitute a claim of air freshening; and

(c) Does not include products that are used on the human body, products that function primarily as cleaning products as indicated on a product label or “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.

Airless cleaning system – a solvent cleaning machine that is automatically operated and seals at a differential pressure of five tenths of a pound (0.5 lbs) per square inch gauge (psig) or less, before the introduction of solvent or solvent vapor into the cleaning chamber, and maintains differential pressure under vacuum during all cleaning and drying cycles.

Airless spray – a spray coating method wherein the coating is atomized by forcing it through a small nozzle opening at high pressure. The coating is not mixed with air before exiting from the nozzle opening.

Air‑tight cleaning system – a solvent cleaning machine that is automatically operated and seals at a differential pressure no greater than five tenths of a pound (0.5 lbs) per square inch gauge (psig), before the introduction of solvent or solvent vapor into the cleaning chamber and during all cleaning and drying cycles.

Alcohol – as applied to offset lithography printing operations subject to the requirements of §716, any of the following compounds when used as a dampening solution additive: ethanol, normal propyl alcohol and isopropyl alcohol.

All other carbon‑containing compounds – all other compounds which contain at least one (1) carbon atom and are not a Table B compound or a LVP-VOC.

All other forms – all consumer product forms for which no specific VOC standard is specified including but not limited to solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes).

Alternative control plan or ACP – any emissions averaging program approved by the District of Columbia pursuant to the provisions of this regulation.

Antenna coating – a coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.Antifouling coating – a coating formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms. To qualify as an antifouling coating, the coating must be registered with both the U.S. EPA under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. §136 et seq.) and with the District of Columbia Department of the Environment (20 DCMR Chapters 20-25).

Antimicrobial hand or body cleaner or soap – is the following:

(a) A cleaner or soap that is designed to reduce the level of microorganisms on the skin through germicidal activity including, but not limited to, antimicrobial hand or body washes/cleaners, food-handler hand washes, healthcare personnel hand washes, pre-operative skin preparations, and surgical scrubs; and

(b) 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.

Antiperspirant – 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 twenty percent (20%) in at least fifty percent (50%) of a target population.

Antique motor vehicle – a motor vehicle, but not a reproduction thereof, manufactured more than twenty-five (25) years before the current year, which has been maintained in or restored to a condition that is substantially in conformance with manufacturer specifications.

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

Applicable CTG document – for the purposes of §714, is the following:

(a) “Control Techniques Guidelines for Large Appliance Coatings,” published by EPA, September 2007, publication number EPA 453/R-07-004;

(b) “Control Techniques Guidelines for Metal Furniture Coatings,” published by EPA, September 2007, publication number EPA 453/R-07-005; or

(c) “Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings,” published by EPA, September 2008, publication number EPA-453/R-08-003.

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

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

Architectural sealant / primer – any sealant or sealant primer intended by the manufacturer to be applied to stationary structures, including mobile homes, and appurtenances.

ASTM – the American Society for Testing and Materials.

Astringent/toner – is the following:

(a) Any product not regulated as a drug by the United States Food and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or tightening pores, including but not limited to, clarifiers and substrate-impregnated products; and

(b) Does not include any hand, face, or body cleaner or soap product, medicated astringent/medicated toner, cold cream, lotion, or antiperspirant.

Automatically close – closure occurs through the activation of a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel.

Automatic closure – a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel.

Automotive brake cleaner – a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

Automotive elastomeric coating – a coating designed for application over surfaces of flexible mobile equipment and mobile equipment components, such as elastomeric bumpers.

Automotive glass adhesive primer – any adhesive primer intended by the manufacturer to be applied to automotive glass before installation with an adhesive/sealant. This primer improves adhesion to the pinch weld and blocks ultraviolet light.

Automotive hard paste wax – an automotive wax or polish which is designed to protect and improve the appearance of automotive paint surfaces, is a solid at room temperature, and contains zero percent (0%) water by formulation.

Automotive impact-resistant coating – a coating designed to resist chipping caused by road debris.

Automotive instant detailer – a product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped off before the product being allowed to dry.

Automotive jambing clearcoat – a fast-drying, ready-to-spray clearcoat applied to surfaces such as door jams and trunk and hood edges to allow for quick closure.

Automotive lacquer – a thermoplastic coating applied directly to bare metal surfaces of mobile equipment and mobile equipment components which dries primarily by solvent evaporation, and which is resoluble in its original solvent.

Automotive low-gloss coating – a coating that exhibits a gloss reading less than or equal to twenty-five (25) on a sixty (60) degree glossmeter.

Automotive multi-colored topcoat – a topcoat that exhibits more than one (1) color, is packaged in a single container, and camouflages surface defects on areas of heavy use, such as cargo beds and other surfaces of trucks and other utility vehicles.

Automotive pretreatment – a primer that contains a minimum of half of a percent (0.5%) acid, by weight, that is applied directly to bare metal surfaces of mobile equipment and mobile equipment components to provide corrosion resistance and to promote adhesion of subsequent coatings.

Automotive primer-sealer – a coating applied to mobile equipment and mobile equipment components before the application of a topcoat, for the purposes of providing corrosion resistance, promoting adhesion of subsequent coatings, promoting color uniformity, and promoting the ability of the undercoat to resist penetration by the topcoat.

Automotive primer-surfacer – a coating applied to mobile equipment and mobile equipment components before the application of topcoat, for the purposes of filling surface imperfections in the substrate, providing corrosion resistance, or promoting adhesion of subsequent coatings.

Automotive rubbing or polishing compound – 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.

Automotive specialty coating – coatings including but not limited to automotive elastomeric coatings, adhesion promoters, automotive low-gloss coatings, bright metal trim repair coatings, automotive jambing clearcoats, automotive impact-resistant coatings, rubberized asphaltic underbody coatings, uniform finish blenders, weld-through primers applied to automotive surfaces and lacquer topcoats applied to a classic motor vehicle or to an antique motor vehicle.

Automotive topcoat – a coating, or series of coatings, applied over an automotive primer-surfacer, automotive primer-sealer, or existing finish on the surface of mobile equipment and mobile equipment components for the purpose of protection or beautification.

Automotive touch-up or repair – the application of automotive topcoat finish materials to cover minor finishing imperfections equal to or less than one (1) inch in diameter.

Automotive wax, polish, sealant or glaze – is the following:

(a) A product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle’s painted surfaces, including but 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; and

(b) Does not include automotive rubbing or polishing compounds, automotive wash and wax products, surfactant-containing car wash products, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic.

Automotive windshield washer fluid – is the following:

(a) Any liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield; and

(b) Does not include fluids placed by the manufacturer in a new vehicle.

Available control options – air pollution control technologies or techniques with a reasonable potential for application to the source. Air pollution control technologies and techniques include the application of production process or methods, and control systems for VOCs. The control technologies and techniques shall include existing controls for the source category and technology transfer controls applied to similar source categories.

Batch vapor cleaning machine – is the following:

(a) A vapor cleaning machine in which individual parts or a set of parts move through the entire cleaning cycle before new parts are introduced into the cleaning machine, including but not limited to solvent cleaning machines including ferris wheel cleaners or cross rod machines, that clean multiple loads simultaneously and are manually loaded; and

(b) Does not include machines which do not have a solvent/air interface, such as airless and air‑tight cleaning systems.

Bathroom and tile cleaner – is the following:

(a) A product designed to clean tile or surfaces in bathrooms; and

(b) Does not include products designed primarily to clean toilet bowls, toilet tanks, or urinals.

Bitumens – black or brown materials including but not limited to asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.Bituminous roof coating – a coating that incorporates bitumens that is labeled and formulated exclusively for roofing.

Bituminous roof primer – a primer that incorporates bitumens that is labeled and formulated exclusively for roofing.

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

Bug and tar remover – a product labeled to remove:

(a) Biological-type residues including but not limited to insect carcasses and tree sap; and

(b) Road grime, including but not limited to road tar, roadway paint markings, and asphalt from painted motor vehicle surfaces without causing damage to the finish.

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

CARB – the California Air Resources Board.

Carbon adsorber – a bed of activated carbon into which an air/solvent gas‑vapor stream is routed and which adsorbs the solvent on the carbon.

Carburetor or fuel-injection air intake cleaner – is the following:

(a) 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; and

(b) Does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank before introduction into the carburetor or fuel injectors.

Carpet and upholstery cleaner – is the following:

(a) A cleaning product designed for the purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics including but not limited to products that make fabric protectant claims; and

(b) 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.

Ceramic tile installation adhesive – any adhesive intended by the manufacturer for use in the installation of ceramic tiles.

Charcoal lighter material – is the following:

(a) Any combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition; and

(b) Does not include electrical starters and probes, metallic cylinders using paper tinder, natural gas, propane, or fat wood.

Chlorinated polyvinyl chloride (CPVC) plastic – a polymer of the vinyl chloride monomer that contains sixty-seven percent (67%) chlorine and is normally identified with a CPVC marking.

Chlorinated polyvinyl chloride (CPVC) welding adhesive – any adhesive intended by the manufacturer for the welding of CPVC plastic pipe.

Classic motor vehicle – a motor vehicle, but not a reproduction thereof, manufactured at least fifteen (15) years before the current year, which has been maintained in or restored to a condition that is substantially in conformity with manufacturer specifications and appearance.

Cleaning solution – as applied to offset lithography or letterpress printing operations subject to the requirements of §716, liquids used to remove ink and debris from the operating surfaces of the printing press and its parts.

Cleanup solvent – a VOC-containing material used to remove a loosely held uncured (i.e., not dry to the touch) adhesive or sealant from a substrate, or clean equipment used in applying a material.

Clear brushing lacquers – clear wood finishes, excluding clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film, which are intended exclusively for application by brush and which are labeled as specified in §776.Clear wood coatings – clear and semi‑transparent coatings, including lacquers and varnishes, applied to wood substrates to provide a transparent or translucent solid film. Coating – is the following:

(a) A material applied onto or impregnated into a substrate for protective, decorative, or functional purposes; and

(b) Includes but is not limited to, paints, varnishes, sealers, and stains.

Coating – for the purposes of §§ 714, 770 and 771, a material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to: paints, varnishes, sealants, maskants, and temporary protective coatings.

Coating unit – A series of one or more coating applicators and any associated drying area or oven wherein a coating is applied, dried, or cured. A coating unit ends at the point where the coating is dried or cured, or before any subsequent application of a different coating. It is not necessary for a coating unit to have an oven or flash-off area.

Cold cleaning machine – is the following:

(a) A device or piece of equipment, containing or using an unheated liquid which contains greater than five percent (5%) VOC or five percent (5%) hazardous air pollutant (HAP) by weight, where parts are placed to remove dirt, grease, oil or other contaminants and coatings, from the surfaces of the parts or to dry the parts; and

(b) Does not include machines that do not have a solvent/air interface, such as airless and air‑tight cleaning systems.

Colorant – any concentrated pigment dispersion in water, solvent, or binder that is added to an architectural coating after packaging in sale units to produce the desired color or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.

Compliance period – the period of time, not to exceed one (1) year, for which the ACP limit and ACP emissions are calculated and for which compliance with the ACP limit is determined, as specified in the ACP Agreement approving an ACP.

Computer diskette jacket manufacturing adhesive – any adhesive intended by the manufacturer to glue the fold-over flaps to the body of a vinyl computer diskette jacket.

Concrete curing compound – a coating labeled and formulated for application to freshly poured concrete to retard the evaporation of water.

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

Conjugated oil varnish – a clear or semi-transparent wood coating, labeled as such, excluding lacquers or shellacs, based on a natural occurring conjugated vegetable oil (Tung oil) and modified with other natural or synthetic resins; a minimum of fifty percent (50%) of the resin solids consisting of conjugated oil. Supplied as a single component product, conjugated oil varnishes penetrate and seal the wood. Film formation is due to polymerization of the oil. These varnishes may contain small amounts of pigments to control the final gloss or sheen.

Construction, panel, and floor covering adhesive – is the following:

(a) Any one‑component adhesive that is designed exclusively for the installation, remodeling, maintenance, or repair of:

(1) Structural and building components including but not limited to beams, trusses, studs, paneling, drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre‑decorated hardboard or tileboard, ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or

(2) Floor or wall coverings including but not limited to wood or simulated wood covering, carpet, carpet pad or cushion, vinyl‑backed carpet, flexible flooring material, non-resilient flooring material, mirror tiles and other types of tiles, and artificial grass; and

(b) Does not include floor seam sealer.

Consumer – is the following:

(a) Any person who purchases, or otherwise acquires any consumer product or a new portable fuel container or spout for personal, family, household, or institutional use; and

(b) Does not include persons acquiring a consumer product or a portable fuel container or spout for resale.

Consumer product – is the following:

(a) 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;

(b) Does not include other paint products, furniture coatings, or architectural coatings; and

Contact adhesive/ contact bond adhesive – is the following:

(a) An adhesive designed for application to two (2) surfaces to be bonded together, is allowed to dry before the two (2) surfaces are placed in contact with each other, forms an immediate bond that is impossible or difficult to reposition after both adhesive-coated surfaces are placed in contact with each other, and 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; and

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

Contact adhesive – general purpose – any contact adhesive that is not a contact adhesive – special purpose.

Contact adhesive – special purpose – a contact adhesive that:

(a) Is used to bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high pressure laminate or wood veneer one-sixteenth (1/16) inch or less in thickness to any porous or non-porous surface, and is sold in units of product, less packaging, that contain more than eight (8) fluid ounces; or

(b) Is used in automotive applications that are:

(1) Automotive under-the-hood applications requiring heat, oil or gasoline resistance; or

(2) Body-side molding, automotive weather-strip, or decorative trim.

Contact person – a representative 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.

Container/packaging – 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, including but not limited to, any article onto or into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached.

Conventional air spray – a spray coating application method in which the coating is atomized by mixing it with compressed air and applied at an air pressure greater than ten (10) pounds per square inch gauge (psig) at the point of atomization. The term does not include:

(a) Airless and air assisted airless spray technologies; or

(b) Electrostatic spray technology.

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

Cove base – a flooring trim unit, generally made of vinyl or rubber, having a concave radius on one edge and a convex radius on the opposite edge that is used in forming a junction between the bottom wall course and the floor, or to form an inside corner.

Cove base installation adhesive – any adhesive intended by the manufacturer to be used for the installation of cove base or wall base on a wall or vertical surface at floor level.

Crawling bug insecticide – is the following:

(a) 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; and

(b) Does not include products designed to be used exclusively on humans or animals, or any house dust mite product;

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

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

CTG – Control Techniques Guideline.

Curtain coating – the application of a coating to an object by moving the object through a falling curtain of coating.

Cyanoacrylate adhesive – any adhesive with a cyanoacrylate content of at least ninety-five percent (95%) by weight.

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

Day – unless otherwise indicated, refers to a calendar day.

Deodorant – is the following:

(a) For products manufactured before March 1, 2011: any product including, but not limited to, aerosols, roll‑ons, sticks, pumps, pads, creams, and squeeze‑bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria that cause the decomposition of perspiration; or

(b) For products manufactured on or after March 1, 2011: any product including, but not limited to, aerosol, roll-ons, sticks, pumps, pads, creams, and squeeze bottles, that indicates or depicts on the container or packing, or on any label or sticker affixed thereto, that the product can be used on or applied to the human axilla to provide a scent or minimize odor. A “deodorant body spray” product that indicates or depicts on the container or packaging or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a “deodorant”.

Deodorant body spray – is the following:

(a) For products manufactured before January 1, 2006: a personal fragrance product with twenty percent (20%) or less fragrance; or

(b) For products manufactured on or after January 1, 2006: a personal fragrance product with twenty percent (20%) 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 can be used on or applied to the human axilla, is a “deodorant”.

Department – the District of Columbia Department of the Environment.

Device – is the following:

(a) 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 humans and other than bacteria, viruses, or other microorganisms on or in humans or other living animals; and

(b) Does not include equipment used for the application of pesticides when sold separately.

Dip coating – a method of applying a coating to a surface by submersion into and removal from a coating bath.

Disinfectant – is the following:

(a) 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.);

(b) Does not include products designed solely for use on humans or animals, products designed for agricultural use, products designed solely for use in swimming pools, therapeutic tubs, or hot tubs; and

(c) Does not include products that, as indicated on the principal display panel or label, are primarily designed for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes.

Distributor – any person to whom a consumer product or portable fuel container or spout or combination portable fuel container and spout is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors.

District of Columbia sales – the net pounds of product, less packaging and container, per year in the District of Columbia for either the year immediately preceding the year that the registration is due or, if that data is not available, any consecutive twelve (12) month period commencing no earlier than two (2) years before the due date of the registration. If direct sales data for District of Columbia is not available, sales may be estimated by prorating national or regional sales data by population.

Double-phase aerosol air freshener – an aerosol air freshener with the liquid contents in two (2) or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion.

Dry cleaning fluid – is the following:

(a) Any non-aqueous liquid product designed and labeled exclusively for use on fabrics which are labeled “for dry clean only”, including but not limited to clothing, draperies, or S-coded fabrics:

(1) Including, but 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; and

(2) S-coded fabric is an upholstery fabric designed to be cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee; and

(b) Does not include spot remover or carpet and upholstery cleaner.

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

Drywall installation – the installation of gypsum dry wall to studs or solid surfaces using an adhesive formulated for that purpose.

Dusting aid – is the following:

(a) A product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating; and

(b) Does not include “pressurized gas duster”.

Dwell – holding parts within the freeboard area of a solvent cleaning machine but above the solvent vapor zone. This action is necessary after cleaning to allow solvent to drain from the parts or parts baskets back into the solvent cleaning machine.

Dwell time – the period of time between when a parts basket is placed in the vapor zone of a batch vapor or in‑line vapor cleaning machine and when solvent dripping ceases.

This period of time is determined by placing a basket of parts in the vapor zone and measuring the amount of time between when the parts are placed in the vapor zone and dripping ceases.

Electrical and electronic components – components and assemblies of components that generate, convert, transmit, or modify electrical energy, including, but not limited to, wires, windings, stators, rotors, magnets, contacts, relays, printed circuit boards, printed wire assemblies, wiring boards, integrated circuits, resistors, capacitors and transistors but does not include the cabinets in which electrical and electronic components are housed.

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

Electron beam ink – an ink that dries by chemical reaction caused by high energy electrons.

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

Electrostatic application – a method of applying coating particles or coating droplets to a grounded surface by electrically charging such particles or droplets.

Energized electrical cleaner – a product that meets both of the following criteria:

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

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

Enforceable sales – the total amount of an ACP product sold for use in the District of Columbia 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.

Enforceable sales record – a written, point-of-sale record or any other District of Columbia-approved system of documentation from which the mass, in pounds, less product container and packaging, of an ACP product sold to the end user in District of Columbia during the applicable compliance period can be accurately documented including but not limited to the following types of records:

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

(b) 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 Department; and

(c) Any other accurate product sales records approved by the Department as meeting the criteria specified in this section.

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

Exempt compound – a compound identified as exempt under the definition of volatile organic compound (VOC). Exempt compounds content of a coating shall be determined by U.S. EPA Method 24 or South Coast Air Quality Management District (SCAQMD) Method 303‑91 (Revised February 1993).

Exempt perfluorocarbon compounds – the following classes of compounds: cyclic, branched, or linear, completely fluorinated alkanes; cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and sulfur-containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

Existing product – any formulation of the same product category and form sold, supplied, manufactured, or offered for sale in the District before January 1, 2005, or any subsequently introduced identical formulation.

Fabric protectant – is the following:

(a) A product designed to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into the fabric's fibers; and

(b) Does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics that are labeled “for dry clean only” and sold in containers of ten (10) fluid ounces or less.

Fabric refresher – a product whose label states the product’s purpose is 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 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 application to both fabric and human skin. For the purposes of this definition only, soft household surface sanitizer means a product labeled to neutralize and 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.).

Facial cleaner or soap – is the following:

(a) A cleaner or soap designed primarily to clean the face, including but not limited to facial cleansing creams, gels, liquids, lotions, and substrate-impregnated forms; and

(b) Does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, general-use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

Fat wood – is the following:

(a) Pieces of wood kindling with high naturally-occurring levels of sap or resin which enhance ignition of the kindling; and

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

Faux finishing coating – a coating labeled and formulated as a stain or a glaze to create artistic effects including but not limited to dirt, old age, smoke damage, and simulated marble and wood grain.

Federally enforceable – Enforceable under the Federal Clean Air Act (42 U.S.C. 7401 et. seq).

Fiberglass – a material consisting of extremely fine glass fibers, including any fiber reinforced plastic (FRP) surface that has fiber material set in a binding substance of plastic resins.

Fire‑resistive coating – an opaque coating labeled and formulated to protect the structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials, that has been fire tested and rated by a testing agency and approved by District of Columbia building code officials for use in bringing assemblies of structural materials into compliance with federal or District of Columbia building code requirements;

(a) The fire‑resistive coating and the testing agency must be approved by District of Columbia building code officials; and

(b) The fire‑resistive coating shall be tested in accordance with ASTM Designation E 119‑98, incorporated by reference in §754.

Fire‑retardant coating – a coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by District of Columbia building code officials for use in bringing building and construction materials into compliance with federal and District of Columbia building code requirements.

(a) The fire‑retardant coating and the testing agency must be approved by District of Columbia building code officials; and

(b) The fire‑retardant coating shall be tested in accordance with ASTM Designation E 84‑99, incorporated by reference in §754.

First installation date – the first date on which a piece of equipment is in place and prepared to operate. The “installation date” does not change if the equipment is moved to a new location at the same facility.

Flat coating – a coating that is not defined under any other definition in this rule and that registers gloss less than fifteen (15) on an eighty-five (85) degree meter or less than five (5) on a sixty (60) degree meter according to ASTM Designation D 523‑89 (1999), incorporated by reference in §754.

Flea and tick insecticide – is the following:

(a) Any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs; and

(b) Does not include products that are designed to be used exclusively on humans or animals and their bedding.

Flexible flooring material – asphalt, cork, linoleum, no‑wax, rubber, seamless vinyl and vinyl composite flooring.

Flexible packaging – any package or part of a package, the shape of which can be readily changed, including but not limited to bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any combination of these materials and printing of shrink-wrap labels or wrappers conducted on or in-line with a flexible package printing press, printing, coating, and laminating. “Flexible packaging” does not include production of and printing on self-adhesive labels, folding cartons, gift wraps, wall coverings, vinyl products, decorative laminates, floor coverings, and tissue products.

Flexible vinyl – non-rigid polyvinyl chloride plastic with at least five percent (5%) by weight plasticizer content.

Flexographic package printing – a flexible package printing process where the image is raised above the printing plate, and the image carrier is made of rubber or other elastomeric materials.

Flexographic package printing press – an unwind or feed station, which may include more than one unwind or feed station (such as on a laminator), a series of individual work stations, one or more of which is a flexographic print station, any dryers (including interstage dryers and overhead tunnel dryers) associated with the work stations, and a rewind, stack, or collection section. The work stations may be oriented vertically, horizontally, or around the circumference of a single large impression cylinder. Inboard and outboard work stations, including those employing any other technology, such as rotogravure, are included if they are capable of printing or coating on the same substrate.

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

Floor polish or wax – is the following:

(a) A wax, polish, or any other product designed to polish, protect, or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished; and

(b) Does not include spray buff products, products designed solely for the purpose of cleaning floors, floor finish strippers, products designed for unfinished wood floors, and coatings subject to architectural coatings in §§ 773 through 778.

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

Floor wax stripper – is the following:

(a) 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; and

(b) Does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion.

Flow coating – is the following:

(a) For the purposes of §§ 743 through 750, a non-atomized technique of applying coating to a substrate using a fluid nozzle in a fan pattern with no air supplied to the nozzle, where the application completely covers the surface; or

(b) For the purposes of §§ 773 through 778, a coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units.

Flying bug insecticide – is the following:

(a) 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; and

(b) Does not include “wasp and hornet insecticide,” products that are designed to be used exclusively on humans or animals, or any moth-proofing product (moth-proofing product means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods).

Footwear and leather care product – is the following:

(a) Any product designed or labeled to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component;

(b) Includes both leather and non-leather foot apparel; and

(c) 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 (2) millimeters thick.

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

Fountain solution – with respect to offset lithographic printing, a water-based solution that contains small amounts of gum Arabic or synthetic resins, acids, buffer salts and a wetting agent or dampening aid applied to the image plate to reduce the surface tension of the solution.

Fragrance – 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 (2 mm Hg) at twenty degrees Celsius (20^oC), the sole purpose of which is to impart an odor or scent, or to counteract a malodor.

Freeboard ratio – is the following:

(a) For a cold cleaning machine, the distance from the liquid solvent to the top edge of the cold cleaning machine divided by the width of the cold cleaning machine; and

(b) For an operating batch vapor cleaning machine or an in‑line vapor cleaning machine, the distance from the top of the solvent vapor layer to the top edge of the vapor cleaning machine divided by the width of the vapor cleaning machine.

Freeboard refrigeration device – a set of secondary coils mounted in the freeboard area of a solvent cleaning machine that carries a refrigerant or other chilled substance to provide a chilled air blanket above the solvent vapor. A solvent cleaning machine’s primary condenser that is capable of maintaining a temperature in the center of the chilled air blanket at not more than thirty percent (30%) of the solvent boiling point and is both a primary condenser and a freeboard refrigeration device.

Fuel – all fuels subject to any provision of 20 DCMR Chapter 9 or Title 13, California Code of Regulations, Chapter 5, Standards for Motor Vehicle Fuels, §§ 2250 through 2298, except for §§ 2292.5, 2292.6, and 2292.7.

Furniture coating – any paint designed for application to room furnishings including but not limited to: cabinets, kitchen, bath and vanity; tables; chairs; beds; and sofas.

Furniture maintenance product – is the following:

(a) A wax, polish, conditioner, or any other product designed for the purpose of polishing, protecting or enhancing finished wood surfaces other than floors; and

(b) Does not include dusting aids, wood cleaners and products designed solely for the purpose of cleaning, and products designed to leave a permanent finish including but not limited to stains, sanding sealers and lacquers.

Gel – a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, including but not limited to jelly.

General purpose adhesive – is any non-aerosol adhesive designed for use on a variety of substrates, except for:

(a) Contact adhesives;

(b) Construction, panel, floor covering adhesives;

substrates, including but not limited to substrates that are composed of similar materials, including but not limited to different types of metals, paper products, ceramics, plastics, rubbers, or vinyls; or

(d) Adhesives designed exclusively for use on one specific category of articles,

including but not limited to articles that may be composed of different materials but perform a specific function, including but not limited to gaskets, automotive trim, weather-stripping, or carpets.

General purpose cleaner – is the following:

(a) A product designed for general all‑purpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations, including but not limited to products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces; and

(b) Does not include general purpose degreasers and electronic cleaners.

General purpose degreaser – is the following;

(a) Any product labeled to remove or dissolve grease, grime, oil and other oil-based contaminants from a variety of substrates, including automotive or miscellaneous metallic parts; and

(b) Does not include engine degreaser, general purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, metal polish/cleanser, products used exclusively in solvent cleaning tanks or related equipment, or products that are sold exclusively to establishments which manufacture or construct goods or commodities, and are labeled “not for retail sale”.

General-use hand or body cleaner or soap – is the following:

(a) A cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils, including but not limited to: hand or body washes, dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps; and

(b) Does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent including but not limited to antimicrobial, heavy-duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

Glass cleaner – is the following:

(a) A cleaning product designed primarily for cleaning surfaces made of glass; and

(b) Does not include products designed solely for the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines.

Graffiti remover – a product whose label states the product’s purpose is 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, nail polish remover, or spot remover. Products labeled for dual use as both a paint stripper and graffiti remover are considered graffiti removers.

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

Gross District of Columbia sales – the estimated total District of Columbia 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 Department will provide an accurate District of Columbia sales estimate:

(a) Apportionment of national or regional sales of the ACP product to District of Columbia 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 District of Columbia's current population; or

(b) Any other documented method that provides an accurate estimate of the total current District of Columbia sales of the ACP product.

Hair mousse – a hair styling foam designed to facilitate styling of a coiffure and provide limited holding power.

Hair shine – is the following:

(a) Any product designed for the primary purpose of creating a shine when applied to the hair, including but not limited to dual-use products designed primarily to impart a sheen to the hair; and

(b) 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.

Hairspray – is the following:

(a) For products manufactured before March 1, 2011: a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time; and

(b) For products manufactured on or after March 1, 2011: a consumer product that is applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, retain or finish the style of the hair for a period of time, which:

(1) Includes aerosol hair sprays, pump hair sprays, spray waxes; color, glitter, or sparkle hair sprays that make finishing claims; and products that are both a styling and finishing product;

(2) Does not include spray products that are intended to aid in styling but does not provide finishing of a hairstyle; and

(3) For the purposes of this definition, “finish” or “finishing” means the maintaining or holding of previously styled hair for a period of time, and “styling” means the forming, sculpting, or manipulating hair to temporarily alter the hair’s shape.

Hair styling gel – a consumer product manufactured before March 1, 2011, 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.

Hair styling product – a consumer product manufactured on or after March 1, 2011, that is designed or whose label states the product’s purpose is to aid in defining, shaping, lifting, styling or sculpting of the hair:

(a) Including, but 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, or conditioners that make styling claims;

(b) Excluding hair mousse, hair shine, hair spray, or shampoos or conditioners that are rinsed from the hair before styling; and

(c) For the purposes of this definition, “finish” or “finishing” means the maintaining or holding of previously styled hair for a period of time, and “styling” means the forming, sculpting, or manipulating hair to temporarily alter the hair’s shape.

Hand application methods – the application of adhesive or sealant by manually held equipment. Such equipment includes paint brush, hand roller, trowel, spatula, dauber, rag, sponges, and mechanically- or pneumatic-driven syringes without atomization of the materials.

Heatset – a printing process in which ink is set by the evaporation of ink solvents or oils in a hot air dryer;

Heavy-duty hand cleaner or soap – is the following:

(a) 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; and

(b) 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.

Herbicide – a pesticide product designed to kill or retard a plant’s growth, but excludes products that are for agricultural use or restricted materials that require a permit for use and possession.

High precision optic – an optical element used in an electro-optical device to sense, detect, or transmit light energy, including specific wavelengths of light energy and changes in light energy levels.

High‑temperature coating – a high performance coating whose label states as the product’s purpose and is formulated for application to substrates exposed continuously or intermittently to temperatures above two-hundred and four degrees Celsius (204°C or 400°F).

High volatility organic compound (HVOC) – any volatile organic compound that exerts a vapor pressure greater than eighty millimeters of mercury (80 mm Hg) when measured at twenty degrees Celsius (20^oC).

High-volume low-pressure (HVLP) spray – a spray coating method wherein the coating is applied using a high-volume, low-pressure spray coating application system (spray gun) which is designed to operate between one tenth (0.1) and ten (10.0) pounds per square inch gauge (psig) air pressure, measured dynamically at the center of the air cap and at the air horns.

High volume-low pressure spray – the application of a coating by means of a gun which operates between one tenth (0.1) and ten (10.0) psig air pressure.

Household product – 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.

Immersion cold cleaning machine – a cold cleaning machine in which the parts are immersed in the solvent when being cleaned.

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

Indoor floor covering installation adhesive – any adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl-backed carpet, resilient sheet and roll or artificial grass. Adhesives used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a non-porous substrate, such as flexible vinyl, are excluded from this category.

Industrial cleaning solvent – any liquid containing a volatile organic compound or combination of volatile organic compounds, which is used as a cleaning agent in a solvent cleaning operation.

Industrial maintenance coating – a high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for application to substrates exposed to one or more of the following extreme environmental conditions listed as follows and labeled as set forth in §776:

(a) Immersion in water, wastewater, or chemical solutions (aqueous and non‑aqueous solutions), or chronic exposures of interior surfaces to moisture condensation;

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

(d) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial solvents, cleansers, or scouring agents; or

(e) Exterior exposure of metal structures and structural components.

In‑line vapor cleaning machine – a vapor cleaning machine that uses an automated parts handling system, typically a conveyor, to automatically provide a supply of parts to be cleaned. In‑line vapor cleaning machines are fully enclosed except for the conveyor inlet and exit portals.

Insecticide – is the following:

(a) A pesticide product that is designed for use against insects or other arthropods; and

(b) Excludes products that are for agricultural use, for a use that requires a structural pest control license under applicable District of Columbia laws or regulations, or restricted materials that require a permit for use and possession.

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

Institutional product or industrial and institutional (I&I) product – is the following:

(a) A consumer product that is designed for use in the maintenance or operation of an establishment that manufactures, transports, or sells goods or commodities; provides services for profit; or is engaged in the nonprofit promotion of a particular public, educational, or charitable cause, including but not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies; and

(b) Excludes 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.

Janitorial cleaning – the cleaning of building or facility components, including but not limited to, floors, ceilings, walls, windows, doors, stairs, bathrooms, furnishings, and exterior surfaces of office equipment, and excluding the cleaning of work areas where manufacturing or repair activity is performed.

Janitorial products – products used for the janitorial cleaning of building or facility components including, but limited to, floors, ceilings, walls, windows, doors, stairs, and bathrooms.

Kerosene – any light petroleum distillate that is commonly or commercially known, sold, or represented as kerosene that is used in space heating, cook stoves, and water heaters, and is suitable for use as a light source when burned in wick-fed lamps.

Label – 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.

Lacquer – a clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective film.

Laminate – a product made by bonding together two (2) or more layers of material.

Large appliance coatings – A product that includes paints, sealants, caulks, inks, adhesives, and maskants, except for the use of quick-drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coating does not exceed ninty-five one hundredths of a liter (0.95L) (0.25 gallon [gal]) in any one eight-hour period.

Large appliance part – Any organic surface-coated metal lid, door, casing, panel, or other interior or exterior metal part or accessory that is assembled to form a large appliance product.

Large appliance product – Any organic surface-coated metal range, oven, microwave oven, refrigerator, freezer, washer, dryer, dishwasher, water heater, or trash compactor manufactured for household, commercial, or recreational use.

Laundry prewash – a product that is designed for application to a fabric before laundering and that supplements and contributes to the effectiveness of laundry detergents or provides specialized performance.

Laundry starch product – 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 including but not limited to fabric finish, sizing, and starch.

Lawn and garden insecticide – an insecticide product whose label states the product’s purpose is primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithstanding the requirements of §§ 732.11 and 732.12, aerosol lawn and garden insecticide may claim to kill insects or other arthropods.

Liquid – is the following:

(a) A substance or mixture of substances that is capable of a visually detectable flow as determined under ASTM D‑4359‑90(2000)e1, including any subsequent amendments; and

(b) Does not include powders or other materials that are composed entirely of solid particles.

Low‑solids coating, adhesive, sealant, or primer – a coating containing twelve one hundredths kilograms (0.12 kg) or less of solids per liter (one (1) pound or less of solids per gallon) of material.Lubricant – is the following:

(a) A product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms; and

(b) 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, products that are sold exclusively to establishments that manufacture or construct goods or commodities, and products labeled not for retail sale.

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

LVP-VOC – is the following:

(a) A chemical compound or mixture that contains at least one (1) carbon atom and meets one of the following:

(1) Has a vapor pressure less than one tenth millimeters of mercury (0.1 mm Hg) at twenty degrees Celsius (20^oC), as determined by CARB Method 310;

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

(3) Is a chemical compound with a boiling point greater than two hundred and sixteen degrees Celsius (216^oC), as determined by CARB Method 310; or

(4) Is the weight percent of a chemical mixture that boils above two hundred and sixteen degrees Celsius (216^oC), as determined by CARB Method 310;

(b) Chemical compound means a molecule of definite chemical formula and isomeric structure, and

Magnesite cement coating – a coating whose label states as the product’s purpose and is formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.

Magnet wire – Wire used in electromagnetic field application in electrical machinery and equipment such as transformers, motors, generators, and magnetic tape recorders.

Manufacturer – any person who imports, manufactures, assembles, produces, packages, repackages, or re-labels a consumer product or portable fuel container or spout or combination portable fuel container and spout.

Marine deck sealant or marine deck sealant primer – any sealant or sealant primer whose label states the product’s purpose is for application to wooden marine decks.

Maskant – Decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substances that are not considered metal furniture coatings.

Mastic texture coating – a coating whose label as states the product’s purpose and is formulated to cover holes and minor cracks and to conceal surface irregularities, and is applied in a single coat of at least ten (10) mils (0.010 inch) dry film thickness.

Medical equipment manufacturing – the manufacture of medical devices, such as, but not limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood oxygenators, and cardiatory reservoirs.

Medicated astringent /medicated toner – is the following:

(a) Any product regulated as a drug by the FDA that is applied to the skin for the purpose of cleaning or tightening pores including but not limited to clarifiers and substrate-impregnated products; and

(b) 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.

Medium volatility organic compound (MVOC) – any volatile organic compound that exerts a vapor pressure greater than two millimeters of mercury (2 mm Hg) and less than or equal to eighty millimeters of mercury (80 mm Hg) when measured at twenty degrees Celsius (20^oC).

Metal furniture coatings – includes paints, sealants, caulks, inks, adhesives, and maskants that are applied to metal furniture substrates, such as:

(a) Paints and adhesives that are typically applied without a primer;

(b) Higher solids and powder coatings; and

(c) Coatings that provide a covering finish, or functional or protective layer, and can also provide a decorative finish to metal furniture.

Metal furniture substrate – the furniture, or components of furniture, constructed either entirely or partially from metal.

Metallic pigmented coating – a coating containing at least forty-eight (48) grams of elemental metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318‑95.

Metal polish /cleanser – is the following:

(a) Any product designed primarily to improve the appearance of finished metal, metallic, or metallized surfaces by physical or chemical action;

(1) Including, but not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals; and

(2) “To improve the appearance” means to remove or reduce stains, impurities, or oxidation from surfaces or to make surfaces smooth and shiny; and

(b) Excluding automotive wax, polish, sealant or glaze, wheel cleaner, paint remover or stripper, products designed and whose label states the product’s purpose is exclusively for automotive and marine detailing, or products designed for use in degreasing tanks.

Metal to urethane / rubber molding or casting adhesive – any adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, in heater molding or casting processes, to fabricate products such as rollers for computer printers or other paper handling equipment.

Miscellaneous metal product and plastic parts surface coatings – coatings that are applied to the surfaces of a range of metal and plastic parts and products, which are constructed either entirely or partially from metal or plastic, to protect metal parts from corrosion by providing resistance to moisture, heat, and sometimes the outdoor elements; or to provide color, texture, or protection of plastic parts, thus improving appearance and durability, or to attenuate electromagnetic interference or radio frequency interference signals, and to conceal mold lines and flaws in the substrate surface.

Miscellaneous metal products facility – a facility that manufactures and repairs fabricated metal, machinery, computer and electronic equipment, transportation equipment, and rail transportation equipment, and typically uses coating technologies such as higher solids, waterborne, and powder coatings, as well as conventional solvent-borne coatings.

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 to the Department, as specified in the ACP Agreement approving an ACP.

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

Mobile equipment – equipment which may be driven or is capable of being driven on a roadway, including but not limited to: automobiles, trucks, truck cabs, truck bodies, truck trailers, buses, motorcycles, utility bodies, camper shells, mobile cranes, bulldozers, street cleaners, golf carts, ground support vehicles used in support of aircraft activities at airports, and farm equipment.

Motor vehicle adhesive – an adhesive, including glass bonding adhesive, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied for the purpose of bonding two vehicle surfaces together without regard to the substrates involved.

Motor vehicle glass bonding primer – a primer, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass bonding adhesives or the installation of adhesive bonded glass. Motor vehicle glass bonding primer includes glass bonding and cleaning primers that perform both functions (cleaning and priming of the windshield or other glass, or body openings) before the application of adhesive or the installation of adhesive bonded glass.

Motor vehicle weatherstrip adhesive – an adhesive, used at a facility that is not an automobile or light-duty truck assembly coating facility, applied to weatherstripping materials for the purpose of bonding the weatherstrip material to the surface of the vehicle.

Multi‑color coating – a coating that is packaged in a single container and that exhibits more than one color when applied in a single coat.

Multi-purpose construction adhesive – any adhesive intended by the manufacturer for use in installation or repair of various construction materials, including but not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile and acoustical cement.

Multi-purpose dry lubricant – any lubricant which is designed and whose label states the product’s purpose is to provide lubrication by depositing a thin film of graphite, molybdenum disulfide (moly), or polytetrafluoroethylene or closely related fluoropolymer (teflon) on surfaces, and designed for general purpose lubrication, or for use in a wide variety of applications.

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

Multi-purpose solvent – is 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:

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

(b) Excluding 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.

Nail polish – 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.

Nail polish remover – a product designed to remove nail polish and coatings from fingernails or toenails.

Nominal capacity – the volume indicated by the manufacturer that represents the maximum recommended filling level.

Non‑aerosol product – any consumer product that is not dispensed by a pressurized spray system.

Non‑carbon containing compound – any compound that does not contain any carbon atoms.

Non‑flat coating – a coating that is not defined under any other definition in this rule and that registers a gloss of fifteen (15) or greater on an eighty-five (85) degree meter and five (5) or greater on a sixty (60) degree meter according to ASTM Designation D 523‑89 (1999).Non‑flat high gloss coating – a non‑flat coating that registers a gloss of seventy (70) or above on a sixty (60) degree meter according to ASTM Designation D 523‑89 (1999).Non-heatset – as applied to offset lithography or letterpress printing operations subject to the requirements of §716, any operation where the printing inks are set without the use of heat. For the purposes of §716, ultraviolet-cured and electron beam-cured inks are considered non-heatset.

Non-industrial use – any use of architectural coatings, except in the construction or maintenance of any of the following:

(a) Facilities used in the manufacturing of goods and commodities;

(b) Transportation infrastructure, including highways, bridges, airports and railroads;

(d) Utilities infrastructure, including power generation and distribution, and water treatment and distribution systems.

Non-membrane roof installation/ repair adhesive – any adhesive intended by the manufacturer for use in the installation or repair of non-membrane roofs and that is not intended for use in the installation of prefabricated single-ply flexible roofing membrane. This category includes plastic or asphalt roof cement, asphalt roof coatings, and cold application cement.

Non-membrane roof installation/ repair solvent – any solvent intended by the manufacturer for use in the installation or repair of non-membrane roofs and that is not intended for use in the installation of prefabricated single-ply flexible roofing membrane.

Non-resilient flooring – flooring of a mineral content that is not flexible, including but not limited to: terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete.

Non-selective terrestrial herbicide – a terrestrial herbicide product that is toxic to plants without regard to species.

Nuclear coating – a protective coating formulated and recommended to seal porous surfaces such as steel or concrete that otherwise would be subject to intrusion by radioactive materials;

(a) These coatings must be resistant to long-term (service life) cumulative radiation exposure in accordance with ASTM Method D 4082-89, Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants; and

(b) Relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed in accordance with ASTM Method D 3912-80 (Reapproved 1989), Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants.

Off-line cleaning – the cleaning of inks, coatings, and adhesives from press parts that have been removed from the press for cleaning.

One-product business – a responsible ACP party that sells, supplies, offers for sale, or manufactures for use in District of Columbia:

(a) Only one (1) distinct ACP product, sold under one (1) product brand name, that is subject to the requirements of §720; or

(b) Only one (1) distinct ACP product line subject to the requirements of §720, in which all the ACP products belong to the same product category or categories and the VOC contents in the products are within ninety-eight percent (98%) and one hundred and two percent (102%) of the arithmetic mean of the VOC contents over the entire product line.

Outboard engine – a spark-ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine and drive unit external to the hull of the marine watercraft.

Outdoor floor covering installation adhesive – any adhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient weather conditions during normal use.

Oven cleaner – any cleaning product designed to clean and to remove dried food deposits from oven walls.

Paint – any pigmented liquid, liquefiable, or mastic composition, including several categories of primers, topcoats, and specialty coatings, typically defined by the coating’s function, which is 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 including but not limited to the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.

Paint remover or stripper – is the following:

(a) Any product designed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate; and

(b) Excludes multi-purpose solvents, paint brush cleaners, products designed and whose label states the product’s purpose is exclusively as “graffiti removers”, and hand cleaner products that claim to remove paints and other related coatings from skin.

Panel installation – the installation of plywood, pre-decorated hardboard (or tileboard), fiberglass reinforced plastic, and similar pre-decorated or non-decorated panels to studs or solid surfaces using an adhesive formulated for that purpose.

Penetrant – is the following:

(a) A lubricant designed and whose label states the product’s purpose is primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes; and

(b) Excludes multi-purpose lubricants that claim to have penetrating qualities, but are not whose label states the product’s purpose is primarily to loosen bonded parts.

Percent VOC by weight – the ratio of the weight of the VOC to the weight of the material, expressed as a percentage of VOC by weight. The percent VOC by weight can be calculated as follows:

where: Wv = Weight of VOCs in grams; and

W = Weight of material in grams.

Perimeter bonded sheet flooring installation – the installation of sheet flooring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip of up to four inches wide around the perimeter of the sheet flooring.

Permeation – means the process by which individual fuel molecules may penetrate the walls and various assembly components of a portable fuel container directly to the outside ambient air.

Personal fragrance product – is the following:

(a) 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; and

(b) Does not include deodorant; medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body; mouthwashes, breath fresheners and deodorizers; lotions, moisturizers, powders or other skin care products used primarily to alleviate skin conditions such as dryness or irritations; products designed exclusively for use on human genitalia and; fragrance products designed to be used exclusively on non-human animals.

Pesticide – is the following:

(a) Any substance or mixture of substances whose label states as the product’s purpose, or is designed or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture of substances whose label states as the product’s purpose, or is designed or intended for use as a defoliant, desiccant, or plant regulator; and

(b) Does not include any substance, mixture of substances, or device that the United States Environmental Protection Agency does not consider to be a pesticide.

Pharmaceutical products – a preparation or compound, which includes any drug, analgesic, decongestant, antihistamine, cough suppressant, vitamin, mineral, or herb supplement intended for human or animal consumption and used to cure, mitigate or treat disease or improve or enhance health.

Photochemically reactive solvents – any solvent with an aggregate of more than 20% of its total volume composed of chemical compounds classified below or which exceeds any of the following individual percentage composition limitations:

(a) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones having an olefinic or cycle-olefinic type of unsaturation that account for 5% or more of the total volume of a solvent;

(b) A combination of aromatic compounds with eight or more carbon atoms to the molecule except ethylbenzene that account for eight percent (8%) or more of the total volume of a solvent; or

(c) A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichloroethylene or toluene that account for twenty percent (20%) or more of the total volume of a solvent.

Plastic cement welding adhesive – any adhesive intended by the manufacturer for use to dissolve the surface of plastic to form a bond between mating surfaces.

Plastic cement welding adhesive primer – any primer intended by the manufacturer for use to prepare plastic substrates before bonding or welding.

Plastic foam – foam constructed of plastic.

Plasticizer – a material, such as high boiling point organic solvent, that is incorporated into a vinyl to increase its flexibility, workability, or distensibility, as determined by the ASTM Method E-260-96.

Plastics – synthetic material chemically formed by the polymerization of organic (carbon-based) substances. Plastics are usually compounded with modifiers, extenders, or reinforcers and are capable of being molded, extruded, cast into various shapes and films or drawn into filaments.

Plastic part – A piece made from a substance that has been formed from resin through the application of pressure or heat or both.

Polyvinyl chloride (PVC) plastic – a polymer of the chlorinated vinyl monomer that contains fifty-seven percent (57%) chlorine.

Polyvinyl chloride (PVC) welding adhesive – any adhesive intended by the manufacturer for the welding of PVC plastic pipe. PVC plastic is a polymer of the chlorinated vinyl monomer that contains fifty-seven percent (57%) chlorine and which is normally identified with a PVC marking.

Porous material – a substance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged. Such materials include, but are not limited to, paper, corrugated paperboard, and, except for the limit in Category 5 (Adhesives Applied To Particular Substrates in Table 1) of §744.1, wood.

Portable fuel container – any container or vessel, with a nominal capacity of ten (10) gallons or less, intended for reuse, that is designed, used, sold, advertised, or offered for sale for receiving, transporting, storing, and dispensing fuel or kerosene. Portable fuel containers do not include containers or vessels permanently embossed or permanently labeled, as described in 49 CFR 172.407(a), as the rule existed on September 15, 2005, with language indicating said containers or vessels are solely intended for use with non-fuel or non-kerosene products.

Post‑consumer coating – a finished coating that would have been disposed of in a landfill, having completed its usefulness to a consumer, and does not include manufacturing wastes.

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

Pressurized gas duster – a pressurized product whose label states the product’s purpose is 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 a dusting aid.

Pre‑treatment wash primer – a primer that contains a minimum of half a percent (0.5%) acid, by weight, when tested in accordance with ASTM Designation D 1613‑96, incorporated by reference into §774.2(e) that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.Primer – a coating whose label states the product’s purpose is, and is formulated for, application to a substrate to provide a firm bond between the substrate and subsequent coats.

Principal display panel or panels – 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.

Printing press – as applied to offset lithography or letterpress printing operations subject to the requirements of §716, a printing production assembly composed of one or many printing units to produce a printed sheet or web.

Product brand name – the name of the product exactly as it appears on the principal display panel of the product.

Product category – the applicable category that best describes the product as listed in this section and §720.

Product line – a group of products of identical form and function belonging to the same product category or categories.

Propellant – a liquid or compressed gas that is used, in whole or in part, such as a co-solvent, to expel a liquid or any other material from the same self‑pressurized container or from a separate container.

Pump spray – 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.

Quick‑dry enamel – a non‑flat coating that is labeled as specified in §776.1(h) and that is formulated to have the following characteristics:

(a) Is capable of being applied directly from the container under normal conditions with ambient temperatures between sixteen degrees Celsius (16ºC) and twenty-seven degrees Celsius (27° C) (60º and 80°F);

(b) When tested in accordance with ASTM Designation D 1640‑95, sets to touch in two (2) hours or less, is tack free in four (4) hours or less, and dries hard in eight (8) hours or less by the mechanical test method; and

Quick‑dry primer sealer and undercoater – a primer, sealer, or undercoater that is dry to the touch in thirty (30) minutes and can be re‑coated in two (2) hours when tested in accordance with ASTM Designation D 1640‑95.

RACT – Reasonably Available Control Technology.

Reactive diluent – a liquid that is a reactive organic compound during application and that, through chemical or physical reactions, such as polymerization, twenty percent (20%) or more of the reactive organic compound becomes an integral part of the finished material.

Reactive Penetrating Carbonate Stone Sealer – a clear or pigmented coating whose label states the product’s purpose is, and is formulated for, application to above-grade carbonate stone substrates to provide protection from water and waterborne contaminants, including, but not limited to, alkalis, acids, and salts. Reactive Penetrating Carbonate Stone Sealers must penetrate into carbonate stone substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate. Reactive Penetrating Carbonate Stone Sealers line the pores of carbonate substrates with a hydrophobic coating, but do not form a surface film. Reactive Penetrating Carbonate Stone Sealers must:

(a) Improve water repellency at least eighty percent (80%) after application on a carbonate stone substrate. This performance must be verified on standardized test specimens, in accordance with, ASTM C67-07, ASTM C97-02, or ASTM C140-06; and

(b) Not reduce the water vapor transmission rate by more than ten percent (10%) after application on a carbonate stone substrate. This performance must be verified on standardized test specimens, in accordance with ASTM E96/E96M-05.

Reasonably Available Control Technology (RACT) – the lowest emission limit for VOCs or NO_x that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

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

Reconciliation of shortfalls plan – the plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the Department pursuant to

§735.

Recycled coating – an architectural coating formulated such that not less than fifty percent (50%) of the total weight is secondary and post‑consumer coating, with not less than ten percent (10%) of the total weight consisting of post‑consumer coating.Reduced room draft – decreasing the flow or movement of air across the top of the freeboard area of a solvent cleaning machine to less than fifty (50) feet per minute (15.2 meters per minute) by methods including, but not limited to, redirecting fans or air vents, moving a machine to a corner where there is less room draft, or constructing a partial or complete enclosure.

Reinforced plastic composites – a composite material consisting of plastic reinforced with fibers.

Remote reservoir cold cleaning machine – a machine in which liquid solvent is pumped to a sink‑like work area that immediately drains solvent back into an enclosed container while parts are being cleaned, allowing no solvent to pool in the work area.

Residence – areas where people reside or lodge, including, but not limited to, single and multiple family dwellings, condominiums, mobile homes, apartment complexes, motels, and hotels.

Responsible ACP party – the company, firm or establishment that is listed on the ACP product's label. If the label lists two (2) or more companies, firms, or establishments, the responsible ACP party is the party that the ACP product was manufactured for or distributed by, as noted on the label.

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

Restricted materials – pesticides listed as restricted materials under applicable District of Columbia laws or regulations.

Retailer – any person who owns, leases, operates, controls, sells, supplies, or offers consumer products for sale directly to consumers or supervises a retail outlet.

Retail outlet – any establishment at which consumer products or portable fuel containers or spouts or combination portable fuel containers and spouts are sold, supplied, or offered for sale directly to consumers.

Roadway sealant – any sealant intended by the manufacturer for application to public streets, highways and other surfaces, including but not limited to curbs, berms, driveways and parking lots.

Roller coating – the application of a coating to a sheet or strip in which the coating is continuously transferred by a roller or series of rollers that rotate opposite of one another.

Roll‑on product – any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.

Roof coating – is the following:

(a) A non‑bituminous coating whose label states the product’s purpose is, and is formulated exclusively for, application to roofs for the primary purpose of preventing penetration of the substrate by water or reflecting heat and ultraviolet radiation; and

(b) Excludes metallic pigmented roof coatings.

Rotogravure package printing – a flexible package printing process in which an image (type and art) is etched or engraved below the surface of a plate or cylinder.

Rotogravure package printing press – an unwind or feed section, which may include more than one unwind or feed station (such as on a laminator), a series of individual work stations, one or more of which is a rotogravure print station, any dryers associated with the work stations, and a rewind, stack, or collection station. Inboard and outboard work stations, including those employing any other technology, such as flexography, are included if they are capable of printing or coating on the same substrate.

Rubber – any natural or manmade rubber substrate, including but not limited to: styrene-butediene rubber (SBR), polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene (CSM), and ethylene propylene diene terpolymer (EPDM).

Rubber and vinyl protectant – is the following:

(a) 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; and

(b) Excludes 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.

Rubbing alcohol – any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and whose label states the product’s purpose is for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage.

Rust preventive coating – a coating formulated exclusively for non-industrial use to prevent the corrosion of metal surfaces and labeled as specified in §776.1(f).

Sanding sealer – is the following:

(a) A clear or semi‑transparent wood coating whose label states the product’s purpose is, and is formulated for, application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings; and

(b) Does not include sanding sealers that also meet the definition of a lacquer.

SCAQMD – South Coast Air Quality Management District.

Screen printing – a process in which the printing ink passes through a web or a fabric to which a refined form of stencil has been applied where the stencil openings determine the form and dimensions of the imprint.

Sealant – any material with adhesive properties that is formulated primarily to fill, seal, waterproof or weatherproof gaps or joints between two surfaces. Sealants include sealant primers and caulks.

Sealant and caulking compound – is the following:

(a) Any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between two surfaces;

(b) 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;

(1) Removable caulking compounds are compounds which temporarily seals windows or doors for three to six month time intervals, and

(2) Clear/paintable/water resistant caulking compounds are compounds that contain no appreciable level of opaque fillers or pigments, transmit most or all visible light through the caulk when cured, are paintable, and are immediately resistant to precipitation upon application; and

(c) Does not include units of product, less packaging, which weigh more than one pound and consist of more than sixteen (16) fluid ounces.

Sealant primer – any product intended by the manufacturer to be applied to a substrate, before the application of a sealant, to enhance the bonding surface.

Sealer – a coating whose label states the product’s purpose is and is formulated for application to a substrate for one or more of the following purposes:

(a) To prevent subsequent coatings from being absorbed by the substrate; or

(b) To prevent harm to subsequent coatings by materials in the substrate.

Secondary coating (rework) – is the following:

(a) A fragment of a finished coating or a finished coating from a manufacturing process that has converted resources into a commodity of real economic value; and

(b) Does not include excess virgin resources of the manufacturing process.Semisolid – a product that, at room temperature, will not pour, but will spread or deform easily, including but not limited to gels, pastes, and greases.

Shaving cream – an aerosol product which dispenses a foam lather intended to be used with a blade, cartridge razor, or other wet‑shaving system to remove facial or other bodily hair. Shaving cream does not include shaving gel.

Shaving gel – an aerosol product that dispenses a post-foaming semisolid designed to be used with a blade, cartridge razor, or other shaving system to remove facial or other bodily hair. Shaving gel does not include shaving cream.

Sheet-applied rubber installation – the process of applying sheet rubber liners by hand to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion. These operations also include laminating sheet rubber to fabric by hand.

Sheet-fed printing – as applied to offset lithography or letterpress printing operations subject to the requirements of §716, a printing operation where individual sheets of paper or other substrate are fed to the printing press sequentially.

Shellac – a clear or opaque coating formulated solely with the resinous secretions of the lac beetle (Laciffer lacca), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.Shop application – application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process, including but not limited to original equipment manufacturing coatings.

Shortfall – is the following:

(a) 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; and

(b) Excludes emissions occurring before the date that the ACP Agreement approving an ACP is signed by the Department.

Silicone-based multi-purpose lubricant – is the following:

(a) Any lubricant which is designed, and whose label states the product’s purpose is, to provide lubricity primarily through the use of silicone compounds, including but not limited to polydimethylsiloxane, and designed and whose label states the product’s purpose is for general purpose lubrication, or for use in a wide variety of applications; and

(b) Excludes products designed, and whose label states the product’s purpose is, exclusively to release manufactured products from molds.

Single phase aerosol air freshener – an aerosol air freshener with the liquid contents in a single homogeneous phase that does not require that the product container be shaken before use.

Single-ply roof membrane – a prefabricated single sheet of rubber, normally EPDM (ethylene-propylenediene terpolymer), that is applied in a single layer to a building roof.

Single-ply roof membrane adhesive primer – any primer whose label states the product’s purpose is for use by the manufacturer for cleaning and promoting adhesion of the single-ply roof membrane seams or splices before bonding.

Single-ply roof membrane installation or repair adhesive – any adhesive whose label states the product’s purpose is for use by the manufacturer for use in the installation or repair of single-ply roof membrane.

Single-ply roof membrane sealant – any sealant whose label states the product’s purpose is for use by the manufacturer for application to single-ply roof membrane.

Small business – shall have the same meaning as defined in applicable District of Columbia laws and regulations.

Solicit – to require for use or to specify, by written or oral contract.Solid – a substance or mixture of substances that, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D 4359‑90(2000)e1, including subsequent amendments, incorporated by reference.

Solvent – organic compounds that are used as diluents, thinners, dissolvers, viscosity reducers, cleaning agents or other related uses.

Solvent/air interface – the location of contact between the concentrated solvent vapor layer and the air:

(a) This location of contact is defined as the mid‑line height of the primary condenser coils; and

(b) For a cold cleaning machine, it is the location of contact between the liquid solvent and the air.

Solvent cleaning machine – a device or piece of equipment that uses solvent liquid or vapor to remove contaminants, including but not limited to dirt, grease, oil, and coatings, from the surfaces of materials. Types of solvent cleaning machines include but are not limited to batch vapor cleaning machines, in‑line vapor cleaning machines, immersion cold cleaning machines, remote reservoir cold cleaning machines, airless cleaning systems and air‑tight cleaning systems.

Solvent cleaning machine automated parts handling system – a mechanical device that carries all parts and parts baskets at a controlled speed from the initial loading of soiled or wet parts through the removal of the cleaned or dried parts.

Solvent cleaning machine down time – the period when a solvent cleaning machine is not cleaning parts and the sump heating coils, if present, are turned off.

Solvent cleaning machine idle time – the period when a solvent cleaning machine is not actively cleaning parts and the sump heating coil, if present, is turned on.

Solvent cleaning operation – the removal of loosely held uncured adhesives, uncured inks, uncured coatings, and contaminants, which include, but are not limited to:

(a) Dirt, soil, and grease from parts, products, tools, machinery, equipment, and general work areas; or

(b) Activities such as wipe cleaning, solvent flushing, or spraying, where each distinct method of cleaning in a cleaning process, which is a series of cleaning methods, constitute a separate solvent cleaning operation.

Solvent cleaning tanks or related equipment – include, but are 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.

Solvent flushing – the use of a solvent to remove uncured adhesives, uncured inks, uncured coatings, or contaminants from the internal surfaces and passages of the equipment by flushing solvent through the equipment.

Special purpose spray adhesive – an aerosol adhesive that satisfies any of the following definitions:

(a) Mounting adhesive – 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;

(b) Flexible vinyl adhesive – an aerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least five percent (5%), 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 E260-91, including any subsequent amendments, or from product formulation data;

(d) Automobile headliner adhesive – an aerosol adhesive designed to bond together layers in motor vehicle headliners;

(e) Polyolefin adhesive – an aerosol adhesive designed to bond polyolefins to substrates;

(f) Laminate repair/edgebanding adhesive – consists of the following:

(1) An aerosol adhesive designed for the touch-up or repair of items laminated with high pressure laminates including but not limited to lifted edges, delaminates, or 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; and

(2) High pressure laminate means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding two-hundred and sixty-five degrees Fahrenheit (265º F), and at pressures between one thousand (1,000) and one thousand four hundred (1,400) pounds per square inch (psi); or

(g) Automotive engine compartment adhesive – an aerosol adhesive designed for use in motor vehicle under-the-hood applications that require oil and plasticizer resistance, as well as high shear strength, at temperatures of two-hundred to two-hundred and seventy-five degrees Fahrenheit (200 to 275º F).

Specialty flexographic printing – flexographic printing on polyethylene or polypropylene food packaging, fertilizer bags, or liquid-tight food containers.

Specialty primer, sealer, and undercoater – a coating labeled as specified in §776.1(g) and that is formulated for application to a substrate to seal fire, smoke or water damage, to condition excessively chalky surfaces, to seal in efflorescence or to block stains. An excessively chalky surface is one that is defined as having a chalk rating of four (4) or less as determined by ASTM Designation D 4214‑98, incorporated by reference in §774.2(g).

Spill-proof spout – any spout that complies with all of the performance standards specified in §752 or with the certification requirement in §755 and with the requirements in §754.

Spill-proof system – any configuration of a portable fuel container and firmly attached spout that complies with all of the performance standards in §752 or with the certification requirement in §755 and with the requirements in §754.

Spot remover – is the following:

(a) Any product whose label states the product’s purpose is to clean localized areas, or remove 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; and

(b) Excludes dry cleaning fluid, laundry prewash, or multi-purpose solvent.

Spout – any device that can be firmly attached to a portable fuel container for conducting pouring through which the contents of a portable fuel container can be dispensed, not including a device that can be used to lengthen the spout to accommodate necessary applications.

Spray buff product – a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.

Stain – a clear, semi‑transparent, or opaque coating formulated and whose label states the product’s purpose is to change the color of a surface, but not conceal the grain pattern or texture.Stick product – 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.

Stone consolidant – a coating whose label states the product’s purpose is, and is formulated for application to stone substrates to repair historical structures that have been damaged by weathering or other decay mechanisms. Stone consolidants must penetrate into stone substrates to create bonds between particles and consolidate deteriorated material. Stone consolidants must be specified and used in accordance with ASTM E2167-01, incorporated by reference in §778.5(l). Stone consolidants are for professional use only and must be labeled as such, in accordance with the labeling requirements in §776.1(j).

Stripping – the removal of cured coatings, inks, adhesives or maskants, including, but not limited to, industrial coating removal systems used to remove propellants, paints, or other previously applied coatings other than grease from metal, to wood furniture stripping, metal parts stripping and dry film stripper operations.

Structural glazing adhesive – any adhesive intended by the manufacturer to apply glass, ceramic, metal, stone, or composite panels to exterior building frames.

Structural waterproof adhesive – in accordance with the Federal Consumer Products Regulation, 40 CFR 59 Subpart C, 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)

Subfloor installation – the installation of subflooring material over floor joists, including the construction of any load bearing joists. Subflooring is covered by a finish surface material.

Superheated vapor system – a system that heats the solvent vapor to a temperature of ten degrees Fahrenheit (10ºF) above the solvent’s boiling point. Parts are held in the superheated vapor before exiting the machine to evaporate the liquid solvent on the parts.

Surface preparation – the cleaning of surfaces before coating, further treatment, sale, or intended use.

Surface preparation solvent – a solvent used to remove dirt, oil, and other contaminants from a substrate before the application of a primer, adhesive, or sealant.

Surplus reduction – 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 §735.11 this term does not include emissions occurring before the date that the ACP Agreement approving an ACP is signed by the Department.

Surplus trading – the buying, selling, or transfer of Surplus Reductions between responsible ACP parties.

Swimming pool coating – a coating whose label states the product’s purpose is, and is formulated, to coat the interior of swimming pools and to resist swimming pool chemicals.Swimming pool repair and maintenance coating – a rubber-based coating whose label states the product’s purpose is, and is formulated, to be used over existing rubber‑based coatings for the repair and maintenance of swimming pools.

Table B compound – any carbon‑containing compound listed as an exception to the definition of VOC.

Target fuel tank – any receptacle that receives fuel from a portable fuel container.

Temperature‑indicator safety coating – a coating whose label states the product’s purpose is, and is formulated as, a color‑changing indicator coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above two hundred and four degrees Celsius (204°C) or four hundred degrees Fahrenheit (400°F).

Terrestrial – to live on or grow from land.

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

Thin metal laminating adhesive – any adhesive intended by the manufacturer to bond multiple layers of metal to metal, or metal to plastic, in the production of electronic or magnetic components in which the thickness of the bond line(s) is less than twenty-five one hundredths (0.25) millimeters.

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

Tire repair – a process that includes expanding a hole, tear, fissure or blemish in a tire casing by grinding or gouging, applying adhesive and filling the hole or crevice with rubber.

Tire sealant and inflation – any pressurized product that is designed to temporarily inflate and seal a leaking tire.

Tire retread adhesive – any adhesive intended by the manufacturer for application to the back of pre-cured tread rubber and to the casing and cushion rubber. Tire retread adhesive may also be used to seal buffed tire casings to prevent oxidation while the tire is being prepared for a new tread.

Toilet/urinal care product – any product designed or whose label states the product’s purpose is to clean or deodorize toilet bowls, toilet tanks, or urinals. “Toilet bowls, toilet tanks, or urinals” includes, but is not limited to toilets, urinals, connected-to permanent plumbing in buildings and other structures, portable toilets or urinals placed at temporary or remote locations, and toilet 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.

Total maximum historical emissions (TMHE) – is the following:

(a) 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. This term 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; and

(b) Shall be expressed to the nearest pound and calculated according to the following calculation:

where:

Highest VOC Content = the maximum VOC content which the ACP product has contained in the previous five (5) 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 (1) year Gross District of Columbia Sales of the ACP product in the previous five (5) 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 (1) year Enforceable Sales for the product, if the responsible ACP party has provided all required Enforceable Sales records (for the entire compliance period), as specified in the ACP Agreement approving the ACP;

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; and

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.

Traffic marking coating – a coating whose label states the product’s purpose is, and is formulated for marking and striping streets, highways, or other traffic surfaces including but not limited to curbs, berets, driveways, parking lots, sidewalks, and airport runways.

Traffic marking tape – preformed reflective film intended by the manufacturer for application to public streets, highways, and other surfaces, including but not limited to curbs, berms, driveways, and parking lots.

Traffic marking tape adhesive primer – any primer intended by the manufacturer for application to surfaces before installation of traffic marking tape.

Type A propellant – a compressed gas such as CO₂, N₂, N₂O, or compressed air that is used as a propellant, and is either incorporated with the product or contained in a separate chamber within the product's packaging.

Type B propellant – any halocarbon that is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

Type C propellant – any propellant that is not a Type A or Type B propellant, including propane, isobutane, n‑butane, and dimethyl ether (also known as dimethyl oxide).

Ultraviolet ink – an ink that dries by polymerization reaction induced by ultraviolet energy.

Undercoater – a coating formulated and whose label states the product’s purpose is to provide a smooth surface for subsequent coatings.

Undercoating – any aerosol product designed to impart a protective, non-paint layer to the undercarriage, trunk interior, or firewall of motor vehicles to prevent the formation of rust or to deaden sound including but not limited to rubberized, mastic, or asphaltic products.

Undersea-based weapons systems components – the fabrication of parts, assembly of parts or completed units of any portion of a missile launching system used on undersea ships.

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

Vapor cleaning machine – is the following:

(a) A solvent cleaning machine that boils liquid solvent, generating a vapor, or that heats liquid solvent that is used as part of the cleaning or drying cycle; and

(b) Does not include machines that do not have a solvent/air interface, such as airless and air‑tight cleaning systems.

Vapor cleaning machine primary condenser – a series of circumferential cooling coils on a vapor cleaning machine through which a chilled substance is circulated or recirculated to provide continuous condensation of rising solvent vapors and, thereby, create a concentrated vapor zone.

Vapor up control switch – a thermostatically controlled switch that shuts off or prevents condensate from being sprayed when there is no vapor. On in‑line vapor cleaning machines the switch also prevents the conveyor from operating when there is no vapor.

Varnish – a clear or semi‑transparent wood coating, excluding lacquers and shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may contain small amounts of pigment to color a surface, or to control the final sheen or gloss of the finish.

Vinyl/Fabric/Leather/Polycarbonate coating – a coating designed and whose label states the product’s purpose is exclusively to coat vinyl, fabric, leather, or polycarbonate substrates.

VOC content – is the following:

(a) For the purpose of §§719 through 737, 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 §§ 734.1 through 734.3;

(b) For charcoal lighter material products only:

where:

Certified Emissions = the emissions level for products approved by the District of Columbia under §730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), including subsequent amendments, expressed to the nearest 0.001 pound CH₂per start;

(c) For the purpose of §§ 773 through 778, the weight of VOC per volume of coating, calculated according to the procedures specified in §778.1.

Volatile organic compound (VOC) – any compound of carbon, other than those organic compounds that are defined in 40 CFR part 51 (40 CFR §51.100).

Wasp and hornet insecticide – 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.

Waterproofer – is the following:

(a) A product designed and whose label states the product’s purpose is exclusively to repel water from fabric or leather substrates; and

(b) Does not include fabric protectants.

Waterproofing concrete/masonry sealer – a clear or pigmented coating whose label states the product’s purpose is, and is formulated for, sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light, and staining.

Waterproofing sealer – a coating whose label states the product’s purpose is, and is formulated for, application to a porous substrate for the primary purpose of preventing the penetration of water.Waterproof resorcinol glue – a two (2)-part resorcinol-resin-based adhesive designed for applications where the bond line must be resistant to conditions of continuous immersion in fresh or salt water.

Wax – is the following:

(a) 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); and

(b) 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 including but not limited to ozocerite and paraffin, and synthetic polymers such as polyethylene.

Web – as applied to offset lithography or letterpress printing operations subject to the requirements of §716, a continuous roll of paper used as the printing substrate.

Web spray adhesive – any aerosol adhesive that is not a mist spray or special purpose spray adhesive.

Wood cleaner – a product whose label states the product’s purpose is to clean wooden materials including, but not limited to, decking, fencing, flooring, logs, cabinetry, and furniture. Wood cleaner does not include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper, floor polish or wax, or products designed and whose label states the product’s purpose is exclusively to preserve or color wood.

Wood floor wax – wax‑based products for use solely on wood floors.

Wood preservative – a coating formulated and whose label states the product’s purpose is to protect exposed wood from decay or insect attack, that is registered with both the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §136 et seq.) and with the District of Columbia Department of the Environment pursuant to 20 DCMR Chapter 7.

Working day – a day other than Saturday, Sunday, a legal holiday, or day on which the Department is officially closed.

Working mode cover – any cover or solvent cleaning machine design that allows the cover to shield the cleaning machine openings from outside air disturbances while parts are being cleaned in the cleaning machine. A cover that is used during the working mode is opened only during parts entry and removal.

Year – unless otherwise indicated, refers to the calendar year.

^{^[1]}Limits are expressed in grams of VOC per literof coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds, or colorant added to tint bases. Manufacturer’s maximum recommendation means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.

^{^[2]}Conversion factor: one pound VOC per gallon (U.S.) = 119.95 grams per liter.

^{^[3]}Units for this coating are grams of VOC per liter (pounds of VOC/gallon) of coating, including water and exempt compounds

472795 Volatile Organic Compound (VOC) Emissions Reduction

NOTICE OF Proposed RULEMAKING

Title 20 DCMR (ENVIRONMENT), SUBTITLE A: AIR QUALITY, CHAPTER 7, VOLATILE ORGANIC COMPOUNDS, SECTIONS 700, 707, 708, 710, 714 through 717, 719 through 778, and 799 are amended as follows:

700 ORGANIC SOLVENTS is repealed and replaced with:

708 SOLVENT CLEANING (DEGREASING) is repealed and replaced with:

719 CONSUMER PRODUCTS – GENERAL REQUIREMENTS is amended to read as follows:

720 CONSUMER PRODUCTS – VOC STANDARDS is amended to read as follows:

721 CONSUMER PRODUCTS – EXEMPTIONS FROM VOC STANDARDS is amended to read as follows:

722 CONSUMER PRODUCTS – REGISTERED UNDER FIFRA is amended to read as follows:

723 CONSUMER PRODUCTS – PRODUCTS REQUIRING DILUTION is amended to read as follows:

724 CONSUMER PRODUCTS – OZONE DEPLETING COMPOUNDS is amended to read as follows:

725 CONSUMER PRODUCTS – AEROSOL ADHESIVES is amended to read as follows:

726 CONSUMER PRODUCTS – ANTIPERSPIRANTS OR DEODORANTS is amended to read as follows:

730 CONSUMER PRODUCTS – CHARCOAL LIGHTER MATERIALS

732 CONSUMER PRODUCTS - ALTERNATIVE CONTROL PLANS is repealed and replaced with:

732 CONSUMER PRODUCTS – LABELING OF CONTENTS

NEV = number of ACP Limit violations;

ACP Emissions = the ACP Emissions for the compliance period;

ACP Limit = the ACP Limit for the compliance period; and

VOC

736 PORTABLE FUEL CONTAINERS AND SPOUTS – PERFORMANCE STANDARDS is repealed and replaced with:

736 CONSUMER PRODUCTS – INNOVATIVE PRODUCTS EXEMPTION

where:

751 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE is repealed and replaced with:

751 PORTABLE FUEL CONTAINERS AND SPOUTS – GENERAL REQUIREMENTS

756 PORTABLE FUEL CONTAINERS AND SPOUTS – ENFORCEMENT

758 PORTABLE FUEL CONTAINERS AND SPOUTS – VARIANCE

763 SOLVENT CLEANING – GENERAL REQUIREMENTS

764 SOLVENT CLEANING – COLD CLEANING

Table I. Emission Limits for Cleaning Machines without a Solvent/Air Interface

768 SOLVENT CLEANING – ALTERNATIVE COMPLIANCE

769 SOLVENT CLEANING – RECORDKEEPING AND MONITORING

Specialty Coatings

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