This chapter: Implements the Maryland Efficiency Standards Act by establishing minimum efficiency standards for certain new products sold or installed in the State; and; Establishes testing, certification, inspection, and enforcement procedures for ensuring compliance with established standards. In this chapter, the following documents are incorporated by reference: 42 U.S.C. §6294a; 42 U.S.C. §6294b; 10 CFR Part 430, Subpart B, Appendix S; and 10 CFR Part 430, Subpart C. In this chapter, the following terms have the meanings indicated. Terms Defined. “Act” means the Maryland Efficiency Standards Act. “Administration” means the Maryland Energy Administration. “Air purifier” means an air cleaner subject to 10 CFR Part 430, Subpart C. “Commercial dishwasher” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “Commercial steam cooker” or “compartment steamer” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “Covered product” means an item listed in Regulation .04 of this chapter. “ENERGY STAR” means the U.S. Environmental Protection Agency program established under 42 U.S.C. §6294a. “Faucet” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “Person” has the meaning stated in State Government Article, §1-101, Annotated Code of Maryland. “Portable electric spa” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “Public lavatory faucet” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “Replacement aerator” means an aerator that is: Designed as a replacement part for a faucet; and Packaged and sold separately from a faucet to which it is designed to attach. Residential Ventilating Fan. “Residential ventilating fan” means a fan designed to: Be ceiling mounted, wall mounted, or remotely mounted; and Move air from inside a building to the outdoors. “Residential ventilating fan” includes fans commonly used in a bathroom or utility room to expel odors or fumes. “Retailer” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “Showerhead has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “Spray sprinkler body” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “Urinal” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “Water closet” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “Water cooler” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. “WaterSense” means the U.S. Environmental Protection Agency program established under 42 U.S.C. §6294b. “Widely available in Maryland” has the meaning stated in State Government Article, §9-2006, Annotated Code of Maryland. This chapter applies to the testing, certification, and enforcement of efficiency standards for the following types of new products sold, offered for sale, or installed in the State: Portable electric spas; Air purifiers; Commercial dishwashers; Commercial steam cookers; Faucets; Residential ventilating fans; Showerheads; Spray sprinkler bodies; Urinals; Water closets; and Water coolers. This chapter does not apply to: New products manufactured in the State and sold outside the State; New products manufactured outside the State and sold at wholesale inside the State for final retail sale and installation outside the State; Products installed in mobile manufactured homes at the time of construction; Products designed expressly for installation and use in recreational vehicles or marine vessels; or Products to be sold at retail that are in stock at the retail establishment before the effective date of any efficiency standard regulation for that item. On or after the date specified in Regulation .06 of this chapter, a person may not sell or install for profit a covered product that does not meet or exceed the corresponding minimum efficiency standards listed in this regulation. Air purifiers shall comply with federal standards for air cleaners under 10 CFR Part 430, Subpart C. Commercial dishwashers shall meet the applicable qualification criteria specified in the ENERGY STAR program requirements product specification for commercial dishwashers. Commercial steam cookers shall meet the requirements specified in the ENERGY STAR program requirements product specification for commercial steam cookers. Faucets shall meet the following standards when tested in accordance with 10 CFR Part 430, Subpart B, Appendix S, compliance with which shall be verified by using the uniform test method for measuring the water consumption of faucets and showerheads: Private lavatory faucets and replacement aerators may not exceed a maximum flow rate of 1.5 gallons per minute at 60 pounds per square inch; Residential kitchen faucets and replacement aerators may not exceed a maximum flow rate of 1.8 gallons per minute at 60 pounds per square inch, with optional temporary flow of 2.2 gallons per minute, provided the faucet defaults to a maximum flow rate of 1.8 gallons per minute at 60 pounds per square inch after each use; and Public lavatory faucets and replacement aerators may not exceed a maximum flow rate of 0.5 gallons per minute at 60 pounds per square inch. Portable electric spas shall meet the requirements of the ANSI/APSP/ICC 14-2019. Residential ventilating fans shall meet the following requirements when tested in accordance with the Home Ventilation Institute’s airflow test procedure stated in Home Ventilation Institute Publication 916: In–line residential ventilating fans shall be equipped with a fan motor with an efficiency of at least 2.8 cubic feet per minute per watt; and Non–in–line residential ventilating fans shall be equipped with a fan motor with an efficiency of at least 1.4 cubic feet per minute per watt for airflows less than 90 cubic feet per minute and at least 2.8 cubic feet per minute per watt for airflows greater than or equal to 90 cubic feet per minute. Showerheads may not exceed a maximum flow rate of 2.0 gallons per minute at 80 pounds per square inch when tested in accordance with 10 CFR Part 430, Subpart B, Appendix S, compliance with which shall be verified by using the uniform test method for measuring the water consumption of faucets and showerheads. Spray sprinkler bodies that are not specifically excluded from the scope of the WaterSense specification for spray sprinkler bodies shall include an integral pressure regulator and meet the water efficiency, performance criteria, and other requirements specified in the WaterSense specification for spray sprinkler bodies. Urinals shall have a maximum flush volume of 0.5 gallons per flush when tested in accordance with 10 CFR Part 430, Subpart B, Appendix T, compliance with which shall be verified by using the uniform test method for measuring the water consumption of water closets and urinals. Water closets shall meet the following standards when tested in accordance with 10 CFR Part 430, Subpart B, Appendix T, compliance with which shall be verified by using the uniform test method for measuring the water consumption of water closets and urinals: Subject to §K(2) of this regulation, water closets shall have a maximum flush volume of 1.28 gallons per flush; and Dual–flush tank–type water closets shall have a maximum dual–flush effective volume of 1.28 gallons per flush. Water coolers included in the scope of the ENERGY STAR program’s water coolers specification shall have an on mode with no water draw energy consumption that is less than or equal to the following values as measured in accordance with the on mode with no water draw test mode specified in the water coolers specification: 0.16 kilowatt–hours per day for cold only units and cook and cold units; 0.87 kilowatt–hours per day for storage type hot and cold units; and 0.18 kilowatt–hours per day for on-demand hot and cold units. The effective date for efficiency standards for covered products sold or offered for sale in the State is January 1, 2024. A covered product that does not meet or exceed the corresponding minimum efficiency standards listed in this regulation may not be installed for profit after January 1, 2025. A Maryland business or consumer may file a request with the Administration to delay the effective date of any standard adopted under this chapter if products conforming to a standard will not be widely available in Maryland by the effective date specified in Regulation .06 of this chapter. The Administration may limit a delay to identifiable subcategories of any category of covered products. The request shall: Be in writing; and State the length of the delayed implementation being requested and the reasons for the proposed delay, including any information the person filing the request relied upon to conclude that the product would not be widely available by the effective date. Upon receipt of a request, the Administration shall issue a public notice of the proposed delay and solicit comment. The Administration may determine the most effective means to issue the notice and receive comment. If, after public notice and comment, the Administration determines that the product conforming to the standard will not be widely available in Maryland, the Administration shall issue notice of the delay for implementing the standard in the Maryland Register and any other means the Administration determines is appropriate for the product being subjected to the delay. The Administration may not delay the implementation of any standard by more than 1 year. A covered product shall be tested in accordance with the requirements of Regulation .05 of this chapter. A covered product may not be sold in the State on or after its respective minimum efficiency standard effective date unless: The Administration has accepted a certification provided by the manufacturer of the covered product demonstrating the covered product meets or exceeds its respective minimum efficiency standard under Regulation .05 of this chapter; or Efficiency of a covered product can be verified by an alternative method, including via the: California Energy Commission Modernized Appliance Efficiency Database System; Northeast Energy Efficiency Partnerships State Appliance Standards Database; Federal ENERGY STAR program; Federal WaterSense Program; or Use of another official state database or other nationally recognized database. The certification required under §A(1) of this regulation shall be filed with the Administration stating that each covered product that is sold or offered for sale in Maryland complies with the requirements of the Efficiency Standards Act. The certification required under §A(1) of this regulation shall: Be in a format and in categories specified and made publicly available by the Administration; Verify that each product has been tested in accordance with all applicable requirements and specify the standard by which the product has been tested; Contain the name, address, telephone number, website address, and email address of the laboratory or other institution where the testing was performed; Contain the name, address, telephone number, and email address of the individual to contact concerning the statement; and Meet all other applicable requirements. The Administration may establish, modify, and enforce schedules for the submittal of statements for the orderly processing of submittals. To ensure compliance with adopted standards, the Administration may test a covered product to verify compliance with its applicable minimum efficiency standard. If a covered product tested is found to be out of compliance with its applicable minimum efficiency standards, the Administration shall: Charge the manufacturer of the product for the cost of product purchase and testing; and Make information available to the public on products found to be out of compliance with the standards by appropriate means. Once a manufacturer has certified a new product as outlined in Regulation .09 of this chapter, a manufacturer may mark, label, or tag the product or packaging as meeting the relevant minimum efficiency level outlined in Regulation .04 of this chapter. The mark, label, or tag shall consist of the letter “M” within a circle no less than 3/8 inch in diameter. The Administration may make periodic inspections of distributors and retailers of new products listed in Regulation .04 of this chapter in order to determine compliance with the provisions of this chapter. Before any inspection, the Administration shall give prior notice to the distributor or retailer. Inspections shall take place during normal business hours unless the distributor or retailer agrees upon a different time. The Administration may set up a process for receiving complaints concerning potential violations of Regulation .05 of this chapter. The Administration may investigate complaints received concerning potential violations of Regulation .05 of this chapter and shall report the results of an investigation to the Attorney General. A manufacturer, distributor, or retailer of new products listed in Regulation .04 of this chapter that violates any provision of Regulation .05 of this chapter shall be issued a warning by the Administration for a first violation. Repeat violators are subject to a civil penalty of not more than $250. Each violation of Regulation .05 of this chapter constitutes a separate offense and each day that a violation continues constitutes a separate offense. Penalties assessed under this regulation are in addition to costs assessed under Regulation .10B(1) of this chapter. State Government Article, §9-2006, Annotated Code of Maryland Effective date: November 22, 2004 (31:23 Md. R. 1655) Regulations 01—.13 repealed and new Regulations .01—.13 adopted effective June 19, 2006 (33:12 Md. R. 998) Regulation .01 amended effective January 1, 2025 (Md. R. 964) Regulation .02 repealed and new Regulation .02 adopted effective January 1, 2025 (Md. R. 964) Regulation .03B amended effective January 1, 2025 (Md. R. 964) Regulation .04 amended effective January 1, 2025 (Md. R. 964) Regulation .05 amended effective January 1, 2025 (Md. R. 964) Regulation .06 amended effective January 1, 2025 (Md. R. 964) Regulation .08 amended effective January 1, 2025 (Md. R. 964) Regulation .09 amended effective January 1, 2025 (Md. R. 964) Regulation .10 amended effective January 1, 2025 (Md. R. 964) Regulation .11 amended effective January 1, 2025 (Md. R. 964) Regulation .12D adopted effective January 1, 2025 (Md. R. 964) Regulation .13A amended effective January 1, 2025 (Md. R. 964)