Chapter 152: control of emissions of volatile organic compounds from consumer products



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06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION



Chapter 152: CONTROL OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS FROM CONSUMER PRODUCTS
SUMMARY: This regulation limits emissions of volatile organic compounds from consumer products by establishing emission limits for consumer product source categories.



  1. Applicability. Except as provided in Section 4 of this Chapter, this regulation shall apply to any person in the State of Maine who sells, supplies for use in Maine, offers for sale, or manufactures consumer products.




  1. Definitions.




    1. General Definitions




      1. ACP. “ACP” means Alternative Control Plan.




      1. ACP agreement. “ACP agreement” means the document signed by the CARB (or other state) which includes the conditions and requirements of the ACP, and which allows manufacturers to sell ACP products in Maine pursuant to the requirements of this regulation.




      1. ACP product. “ACP Product” means any “consumer product” subject to the VOC standards specified in Section 3(A) of this Chapter, except those products that have been exempted under Section 4 of this Chapter, or exempted as Innovative Products under Section 5 of this Chapter.




      1. Agricultural use. “Agricultural use” means the use of any pesticide or method or device for the control of pests in connection with the commercial production, storage or processing of any animal or plant crop. “Agricultural Use” does not include the sale or use of pesticides in properly labeled packages or containers which are intended for: (a) Home use, (b) Use in structural pest control, (c) Industrial or (d) Institutional use.

For the purposes of this definition only:

        1. Home use. Means use in a household or its immediate environment.

        2. Structural pest control. Means a use requiring a license under 01-026 CMR Chapters 10, 31, 32, and 35.

        3. Industrial use. Means use for or in a manufacturing, mining, or chemical process or use in the operation of factories, processing plants, and similar sites.

        4. Institutional use. Means use within the lines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes.




      1. All other carbon-containing compounds. “All other carbon-containing compounds means all other compounds which contain at least one carbon atom and are not an “Exempt Compound” or a “LVP-VOC.”




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




      1. Alternative control plan or ACP. “Alternative control plan or ACP” means any emissions averaging program approved by the Department pursuant to the provisions of this regulation.




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




      1. CARB. “CARB” means the California Air Resources Board.




      1. Chemical Abstract Services (CAS) Number. “Chemical Abstract Services number” means a unique identifier for chemical substances in the Chemical Abstract Services Registry of the American Chemical Society.




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




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




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




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




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




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




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




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




      1. Exempt compound. “Exempt Compound” means any carbon-containing compound listed as an exception to the definition of VOC in Chapter 100 of the Department’s regulations.




      1. Existing product. “Existing Product” means any formulation of the same product category and form sold, supplied, manufactured, or offered for sale in Maine prior to May 1, 2005, or any subsequently introduced identical formulation.




      1. Flexible flooring material. “Flexible flooring material” means asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring.




      1. High volatility organic compound (HVOC). “High volatility organic compound (HVOC)” means any volatile organic compound that exerts a vapor pressure greater than 80 millimeters of Mercury (mm Hg) when measured at 20ºC.




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




      1. Liquid. “Liquid” means a substance or mixture of substances which is capable of a visually detectable flow as determined under ASTM D4359-90 (2006), incorporated by reference in 9(B). “Liquid” does not include powders or other materials that are composed entirely of solid particles.




      1. Lubricant. “Lubricant” means a product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms. “Lubricant” does not include automotive power steering fluids; products for use inside power generating motors, engines, and turbines, and their associated power-transfer gearboxes; two cycle oils or other products designed to be added to fuels; products for use on the human body or animals or products that are (1) sold exclusively to establishments which manufacture or construct goods or commodities, and (2) labeled “not for retail sale.”




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




      1. LVP-VOC. “LVP-VOC” means a chemical “compound” or “mixture” that contains at least one carbon atom and meets one of the following:

        1. has a vapor pressure less than 0.1 mm Hg at 20ºC, as determined by CARB Method 310, incorporated by reference in 9(A)(1) of this regulation; or

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

        3. is a chemical “compound” with a boiling point greater than 216ºC, as determined by CARB Method 310, incorporated by reference in 9(A)(1) of this regulation; or

        4. is the weight percent of a chemical “mixture” that boils above 216º C, as determined by CARB Method 310, incorporated by reference in 9(A)(1) of this regulation.

        5. For the purposes of the definition of LVP-VOC, chemical “compound” means a molecule of definite chemical formula and isomeric structure, and chemical “mixture” means a substrate comprised of two or more chemical “compounds.”




      1. Maine sales. “Maine sales” means the sales (net pounds of product, less packaging and container, per year) in Maine for either the calendar year immediately prior to the year that the Department requests the information or, if that data is not available, any consecutive 12 month period commencing no earlier than 2 years prior to the due date of the reporting. If direct sales data for Maine is not available, sales may be estimated by prorating national or regional sales data by population.




      1. Manufacturer. “Manufacturer” means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product.




      1. Medium volatility organic compound (MVOC). “Medium volatility organic compound (MVOC)” means any volatile organic compound that exerts a vapor pressure greater than 2 mm Hg and less than or equal to 80 mm Hg when measured at 20ºC.




      1. Non-carbon containing compound. “Non-carbon containing compound” means any compound which does not contain any carbon atoms.




      1. Nonresilient flooring. “Nonresilient flooring” means flooring of a mineral content which is not flexible. “Nonresilient flooring” includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete.




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




      1. Product brand name. “Product brand name” means the name of the product exactly as it appears on the principal display panel of the product.




      1. Product category. “Product category” means the applicable category which best describes the product as listed in this section and in the Table of Standards in section 3.




      1. Product form. “Product Form,” for the purpose of complying with Section 7 only, means the applicable form which most accurately describes the product's dispensing form as follows:

A = Aerosol Product

S = Solid P =

Pump Spray

L = Liquid

SS = Semisolid

O= Other



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




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




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




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




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




      1. Restricted materials. “Restricted materials” means pesticides established as restricted materials under 01-026 CMR Chapter 40.




      1. Retailer. “Retailer” means any person who sells, supplies, or offers consumer products for sale directly to consumers.




      1. Retail outlet. “Retail outlet” means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers.




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




      1. Solid. “Solid” means a substance or mixture of substances which, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under ASTM D4359-90 (2006), incorporated by reference in 9(B).




      1. Usage directions. “Usage directions” means text or graphics on the product’s principal display panel, label, or accompanying literature which describes to the end user how and in what quantity the product is to be used.




      1. VOC content. “VOC Content” means, except for charcoal lighter products, the total weight of VOC in a product expressed as a percentage of the product weight exclusive of the container or packaging), as determined pursuant to Sections 9 (A) and (B).

For charcoal lighter material products only,

VOC Content = (Certified Emissions x 100)

Certified Use Rate

Certified Emissions = the emissions level for products approved by the Department under Section 3(E), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), incorporated by reference in Section 3(F)(2)(a) of this regulation, expressed to the nearest 0.001 pound CH2 per start.



Certified Use Rate = the usage level for products approved by the Department under Section 3(F), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), incorporated by reference in Section 3(F)(2)(a) of this regulation, expressed to the nearest 0.001 pound certified product used per start.


      1. Working day. “Working day” means any day between Monday through Friday, inclusive, except for days that are federal holidays.




    1. Product Definitions




      1. Adhesive. “Adhesive” means any product that is used to bond one surface to another by attachment. “Adhesive” does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate. For “Contact Adhesive,” adhesive does not include units of product, less packaging, which consist of more than one gallon. For “Construction, Panel, and Floor Covering Adhesive,” and “General Purpose Adhesive” only, “adhesive” also does not include units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. This limitation does not apply to aerosol adhesives.




      1. Adhesive remover. “Adhesive remover” means a product designed exclusively for the removal of adhesives, caulk and other bonding materials from either a specific substrate or a variety of substrates.

For the purpose of this definition and "Adhesive Remover" subcategories (a-d),the term "adhesive" shall mean a substance used to bond one or more materials. Adhesive includes, but is not limited to: caulks; sealants; glues; or similar substances used for the purpose of forming a bond.

        1. Floor and Wall Covering Adhesive Remover means a product designed or labeled to remove floor or wall coverings and associated adhesive from the underlying substrate;

        2. Gasket or Thread Locking Adhesive Remover means a product designed or labeled to remove gaskets or thread locking adhesives. Products labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered “Gasket or Thread Locking Adhesive Remover”

        3. General Purpose Adhesive Remover means a product designed or labeled 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.”

        4. Specialty Adhesive Remover means a product designed to remove reactive adhesives from a variety of substrates. Reactive adhesives Include adhesives that require a hardener or catalyst in order for the bond to occur. Examples of reactive adhesives include, but are not limited to: epoxies; urethanes; silicones. “Specialty Adhesive Remover” does not include “Gasket or Thread Locking Adhesive Remover.”




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




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



      2. Aerosol product. “Aerosol product” means a pressurized spray system that dispenses product ingredients by means of a propellant contained in a product or a product’s container, or by means of a mechanically induced force. “Aerosol product” does not include “Pump spray.”




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




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