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This is a courtesy copy of this rule. All of the Department’s rules are compiled in Title 7 of the New Jersey Administrative Code.




NEW JERSEY STATE DEPARTMENT OF ENVIRONMENTAL PROTECTION

NEW JERSEY ADMINISTRATIVE CODE



TITLE 7

1CHAPTER 27

SUBCHAPTER 24
Prevention of Air Pollution from Consumer Products
TABLE OF CONTENTS


Section Page

REGULATORY HISTORY 2

7:27-24.1 Definitions 3

7:27-24.2 Applicability 29

7:27-24.3 General provisions 32

7:27-24.4 Chemically formulated consumer products: standards 33

7:27-24.5 Chemically formulated consumer products: registration and labeling 41

7:27-24.6 Chemically formulated consumer products: recordkeeping and reporting 45

7:27-24.7 Chemically formulated consumer products: testing 49

7:27-24.8 Portable fuel containers and spill proof spouts: standards 51

7:27-24.9 Portable fuel containers and spill proof spouts: labeling 53

7:27-24.10 Portable fuel containers and spill proof spouts: recordkeeping and reporting 54

7:27-24.11 (Reserved) 55

7:27-24.12 Penalties and other requirements imposed for failure to comply 55


Please note: The Department has made every effort to ensure that this text is identical to the official, legally effective version of this rule, set forth in the New Jersey Register. However, should there be any discrepancies between this text and the official version of the rule, the official version will prevail.

REGULATORY HISTORY



Regulatory Action

Date Adopted or filed with OAL

Effective Date and NJR Citation

Operative Date

New Rules

October 4, 1995 filed

November 6, 1995

27 N.J.R. 4291(a)




December 2, 1995

Administrative Correction




February 5, 1996

28 N.J.R. 851(a)







Administrative Change




March 1, 1999

31 N.J.R. 639(b)







Amendments and New Rules

April 7, 2004 adopted

May 3, 2004

36 N.J.R. 2218(a)




June 6, 2004

Amendments and New Rules

October 30, 2008 adopted

November 5, 2008 filed



December 1, 2008

40 N.J.R. 6769(a)




December 29, 2008

Administrative Change




September 6, 2011

43 N.J.R. 2328(a)




August 12, 2011

7:27-24.1 Definitions
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.
Adhesive” means a product that is used to bond one surface to another by attachment. This term does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate.
Adhesive remover” means a product designed to remove adhesives, caulk and other bonding materials from either a specific substrate or a variety of substrates, and includes the subcategories of floor and wall covering adhesive remover, gasket or thread-locking adhesive remover, general purpose adhesive remover, and specialty adhesive remover, each of which is defined elsewhere in this section. This term does not include products that remove adhesives intended exclusively for use on humans or animals. For purposes of this definition of “adhesive remover” and subcategories of “adhesive removers” and notwithstanding the definition of “adhesive” elsewhere in this section, “adhesive” means a substance used to bond one or more materials, and includes, but is not limited to, caulks, sealants, glues or similar substances used for the purpose of forming a bond.
Adhesive remover - floor and wall covering” means an adhesive remover designed or labeled to remove floor or wall coverings and associated adhesive from the underlying substrate.
Adhesive remover - gasket or thread-locking” means an adhesive remover designed or labeled to remove gaskets or thread-locking adhesives. This term includes products labeled for dual use as a paint stripper and adhesive remover - gasket remover and/or adhesive remover - thread-locking.
Adhesive remover - general purpose” means an adhesive remover designed or labeled to remove cyanoacrylate adhesives as well as non-reactive adhesives or residue from a variety of substrates. This term 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. This term does not include adhesive remover - floor or wall covering.
Adhesive remover - specialty” means an adhesive remover designed to remove reactive adhesives from a variety of substrates. This term does not include adhesive remover - gasket or thread-locking.
Aerosol adhesive” means an adhesive that is an aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment. This term includes special purpose spray adhesives, mist spray adhesives and web spray adhesives.
Aerosol coating product” means a pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant, and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic/marking applications.
Aerosol product” means a product that incorporates 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. This term does not include pump sprays.
Agricultural use” means the use of any pesticide or method or device for the control of pests in connection with the commercial production, storage or processing of any animal or plant crop. This term does not include the use of pesticides for any of the following uses, provided that the label on the packaging in which the pesticide is sold clearly indicates that the product is intended for one or more of the following uses, rather than for agricultural use:

1. Home use, that is, use in a household or the household's immediate environment;


2. Use in structural pest control;
3. Industrial use, that is, use for or in a manufacturing, mining, or chemical process, or use in the operation of a factory, processing plant or similar site; or
4. Institutional use, that is, use within the confines of, or on property of, or in the buildings used in the operation of, an institution, such as a hospital, school, library, auditorium, or office complex.

Air freshener” means a 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. This term does not include products that are used on the human body, products that, as indicated on a product label, function primarily as cleaning products, 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. This term does include spray disinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrial channels of distribution. To determine whether a product is an air freshener, all verbal and visual representations regarding product use on the label or packaging or in the product's literature and advertising may be considered. The presence of or representation about a product's fragrance and ability to deodorize resulting from surface application shall not constitute a claim of air freshening.


All other forms” means all product forms for which no form-specific VOC standard is specified. Unless specified otherwise by the applicable VOC standard, this term includes, but is not limited to, solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes).
Alternative control plan” or “ACP” means an emissions averaging program for chemically formulated consumer products, which provides a manufacturer with an alternative method to comply with the VOC content limits in Table 1 at N.J.A.C. 7:27-24.4(a), and which was issued in accordance with N.J.A.C. 7:27-24.4(j) and (k) by:

1. CARB pursuant to its consumer products regulations (including all amendments and supplements) at 17 CCR 94540-94555; or


2. The air pollution control agency of another state pursuant to its consumer product regulations if those consumer product regulations are based on the Ozone Transport Commission (OTC) "Model Rule for Consumer Products" dated November 29, 2001, including subsequent revisions.
Antimicrobial hand or body cleaner or soap” means a cleaner or soap that is designed to reduce the level of microorganisms on the skin through germicidal activity. This term includes, but is not limited to, antimicrobial hand or body washes/cleaners, food handler hand washes, healthcare personnel hand washes, pre-operative skin preparations, and surgical scrubs. This term does not include prescription drug products, antiperspirants, astringent/toners, deodorants, facial cleaner or soap, general-use hand or body cleaner or soap, hand dishwashing detergent (including antimicrobial), heavy-duty hand cleaner or soap, medicated astringent/medicated toner, and rubbing alcohol.
Antiperspirant” means a product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, gels, and squeeze bottles, which is marketed for the purpose of reducing perspiration in the human axilla by at least 20 percent in at least 50 percent of a target population.
Anti-static product” means a product that is labeled to eliminate, prevent, or inhibit the accumulation of static electricity. This term does not include electronic cleaner, floor polish or wax, floor coating, aerosol coating product, or architectural coating.
Architectural coating” means architectural coating as that term is defined at N.J.A.C. 7:27-23.2.
ASTM” means the American Society for Testing and Materials, 1916 Race Street, Philadelphia, PA 19103.
Astringent/toner” means a product not regulated as a drug by the FDA, and that is applied to the skin for the purpose of cleaning or tightening pores. This term also includes clarifiers and substrate impregnated products. This term does not include any hand, face, or body cleaner or soap product, medicated astringent/medicated toner, cold cream, lotion, or antiperspirant.
Automotive brake cleaner” or “brake cleaner” means a product designed, labeled, promoted or advertised (expressed or implied) to clean motor vehicle brake mechanisms and parts by removing oil, grease, brake fluid, brake pad material or dirt from them.
Automotive consumer product” means any of the following chemically formulated consumer products, aerosol or liquid, used in automotive maintenance or repair activities: brake cleaners, carburetor or fuel-injection air intake cleaners, engine degreasers, and general purpose degreasers intended for use in automotive maintenance or repair activities.
Automotive engine compartment adhesive” means 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 200 to 275 degrees Fahrenheit (F).
Automotive hard paste wax” means an automotive wax or polish that:
1. Is designed to protect and improve the appearance of automotive paint surfaces;

2. Is a solid at room temperature; and



3. Contains zero percent water by formulation.
Automobile headliner adhesive” means an aerosol adhesive designed to bond together layers in motor vehicle headliners.
Automotive instant detailer” means a product designed for use in a pump spray that is designed to be applied to the painted surface of automobiles and wiped off prior to the product being allowed to dry.
Automotive maintenance or repair activities” means any service, repair, restoration, or modification activity to a motor vehicle in which cleaning or degreasing products could be used including, but not limited to, brake work, engine work, machining operations, and general degreasing of engines, motor vehicles, parts, or tools.
Automotive rubbing or polishing compound” means a product designed primarily to remove oxidation, old paint, scratches, swirl marks, or other defects from the painted surfaces of motor vehicles without leaving a protective barrier.
Automotive wax, polish, sealant or glaze” means a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle's painted surfaces. This term includes, but is not limited to, products designed for use in autobody repair shops and drive-through car washes, as well as products designed for the general public. This term does not include automotive rubbing or polishing compounds, automotive wash and wax products, surfactant-containing car wash products, or products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic.
Automotive windshield washer fluid” means a product that is a liquid designed for use in a motor vehicle windshield washer system as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield. This term does not include fluids placed by the manufacturer in a new vehicle.
Bait station insecticide” means an insecticide consisting of a container enclosing an insecticidal bait that is designed to be ingested by insects and is composed of solid material feeding stimulants with less than five percent active ingredients.
Bathroom and tile cleaner” means a product designed to clean tile or surfaces in bathrooms. This term does not include products designed primarily to clean toilet bowls, toilet tanks, or urinals.
Bug and tar remover” means a product labeled to remove either or both of the following from painted motor vehicle surfaces without causing damage to the finish:
1. Biological-type residues such as insect carcasses and tree sap; and
2. Road grime, such as road tar, roadway paint markings, and asphalt.
CARB” means the California Air Resources Board.
Carburetor or fuel-injection air intake cleaner” means a product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel-injection system, or associated linkages. This term does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor or fuel injectors.
Carpet and upholstery cleaner” means a product designed for the purpose of cleaning rugs, carpeting, and the interior of motor vehicles and/or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon, or other synthetic fabrics by eliminating dirt and stains on them. This term includes, but is not limited to, products that make fabric protectant claims. This term 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.
CAS Registry Number” means a unique accession number assigned by the Chemical Abstracts Service, a division of the American Chemical Society.
CCR” means the California Code of Regulations.
Charcoal lighter material” means a combustible material designed to be applied on, incorporated in, added to, or used with charcoal to enhance ignition. This term does not include:

1. Electrical starters and probes;

2. Metallic cylinders using paper tinder;

3. Natural gas;

4. Propane; or

5. Fat wood.


Chemically formulated consumer product category” means a category listed in Table 1 at N.J.A.C. 7:27-24.4(a) that best describes a chemically formulated consumer product.
Chlorinated toxic air contaminant” means methylene chloride, perchloroethylene, or trichloroethylene.
Colorant” means a pigment or coloring material used in a product for an aesthetic effect, or to dramatize an ingredient.
Construction, panel, and floor covering adhesive” means a one-component adhesive that:

1. Is designed exclusively for the installation, remodeling, maintenance, or repair of:


i. Structural and building components that include, but are not limited to, beams, trusses, studs, paneling (including, but not limited to, 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, or flooring or subflooring; or
ii. Floor or wall coverings that include, but are not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring material, mirror tiles or other types of tiles, or artificial grass; and
2. Is not a floor seam sealer.
Consumer” means a person who purchases or otherwise acquires any consumer product for personal, family, household, or institutional use. This term does not include a person acquiring a product for resale.
Consumer product” means a household or institutional product, including any packaging, that includes, but is not limited to:

1. Chemically formulated products including, but not limited to, products that are detergents; cleaning compounds; floor polishes and waxes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; and automotive specialty products. This term also refers to aerosol adhesives, including aerosol adhesives used for consumer, industrial or commercial uses and automotive consumer products; and


2. A portable fuel container or spout or both a portable fuel container and spout.
Contact adhesive” means an adhesive that:
1. Is designed for application to both surfaces to be bonded together;
2. Is designed to be allowed to dry before the two surfaces are placed in contact with each other;
3. Forms an immediate bond that is impossible or difficult to reposition after both adhesive-coated surfaces are placed in contact with each other;
4. Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces;
5. Is not a rubber cement that is primarily intended for use on paper substrates; and
6. Does not include vulcanizing fluids that are designed and labeled for tire repair only.
Contact adhesive - general purpose” means any contact adhesive that is not a contact adhesive - special purpose.
Contact adhesive - special purpose” means a contact adhesive that:
1. Is used to bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high pressure laminate or wood veneer 1/16 inch or less in thickness to any porous or nonporous surface; or
2. Is used in automotive applications that are either automotive under-the-hood applications requiring heat, oil or gasoline resistance, or body-side molding, automotive weatherstrip or decorative trim.
Cooking spray” means a product that is an aerosol and is designed either to reduce sticking on cooking and baking surfaces, or to be applied on food, or both.
Crawling bug insecticide” means an insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including, but not limited to, mites, silverfish, or spiders. This term does not include products designed to be used exclusively on humans or animals, or any house dust mite product.
Date-code” means a code indicating the day, month and year on which a product was manufactured, filled, or packaged.
Deodorant” means:
1. For products manufactured before January 1, 2009, a product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams and squeeze bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration; and
2. For products manufactured on or after January 1, 2009, 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 packaging, or on any sticker or label affixed thereto, that the product can be used on or applied to the human axilla to provide a scent and/or minimize odor.
This term also includes a deodorant body spray 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.
Deodorant body spray” means:
1. For products manufactured before January 1, 2009, a personal fragrance product with 20 percent or less fragrance; or
2. For products manufactured on or after January 1, 2009, a personal fragrance product with 20 percent or less fragrance that is designed for application all over the human body to provide a scent.
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