Chapter 32. Control of Emissions of Volatile Organic Compounds from Consumer Products

The provisions of this chapter do not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State a consumer product that does not comply with the VOC standards specified in Regulation .04B of this chapter if the manufacturer or distributor demonstrates that the:

The exemption in §B(1) of this regulation does not apply to a person who sells, supplies, or offers for sale a consumer product to a retail outlet in the State.

The medium volatility organic compound (MVOC) content standards specified in Regulation .04B of this chapter for antiperspirants or deodorants do not apply to ethanol.

The requirements of Regulation .04 of this chapter for antiperspirants or deodorants do not apply to VOCs that:

The VOC limits specified in Regulation .04B of this chapter do not apply to colorants up to a combined level of 2 percent by weight contained in any antiperspirant or deodorant.

Fragrances up to a combined level of 2 percent by weight contained in a consumer product;

An LVP-VOC, except those contained in a charcoal lighter material subject to the requirements of Regulations .04B and .05 of this chapter;

Air fresheners comprised entirely of fragrance, excluding compounds not defined as VOCs or exempted under §D(2) of this regulation;

Insecticides containing at least 98 percent paradichlorobenzene;

Until January 1, 2009, solid air fresheners containing at least 98 percent paradichlorobenzene;

Adhesives sold in containers of 1 fluid ounce or less;

Units of product that are not aerosol adhesives and that, less packaging:

Bait station insecticides; and

Fabric protectants that are:

Artist's solvent/thinner packaged and sold in a container equal to or less than 34 fluid ounces.

Are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §136 et seq.; or

Contain VOCs at concentrations of 0.10 percent by weight or less.

A retailer who makes a consumer product available for sale that violates the standards in this chapter is not in violation of this chapter if:

Good faith efforts may include the following:

South Coast Air Quality Management District — Protocol — Rule 1174 Ignition Method Compliance Certification Protocol, dated February 28, 1991.

ASTM Designation: D4359-90 (Reapproved 2012), Standard Test Method for Determining Whether a Material is a Liquid or a Solid.

ASTM Designation: E260-96 (Reapproved 2011), Standard Practice for Packed Column Gas Chromatography.

CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997, and as amended on August 6, 2010.

ASTM Designation: D86-04b Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure.

ASTM Designation: D4236-94 (Reapproved 2011), Standard Practice for Labeling Art Materials for Chronic Health Hazards.

“ACP” means alternative control plan as defined in this section.

“ACP agreement” means a document signed by the Department that:

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

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

“ACP product” means a consumer product subject to the VOC standards in Regulation.04B of this chapter, except those products that have been exempted under Regulations .01, .11, or .12 of this chapter.

“ACP reformulation” means the process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level that is less than the current VOC content of the product.

“ACP standard” means either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in Regulation .04B of this chapter, whichever is less.

“ACP VOC standard” means the maximum allowable VOC content for an ACP product, determined as follows:

Adhesive.

Adhesive Remover.

Aerosol Adhesive.

“Aerosol cooking spray” means an aerosol product that is designed to reduce sticking on cooking and baking surfaces or be applied on food.

Aerosol Product.

Agricultural Use.

Air Freshener.

“All other carbon-containing compounds” means all compounds which contain at least 1 carbon atom and are not a “Table B” compound or a “LVP-VOC”.

All Other Forms.

“Alternative control plan (ACP)” means an emissions averaging program approved by the Department under the provisions of this chapter.

Antimicrobial Hand or Body Cleaner or Soap.

Antiperspirant.

Anti-Static Product.

“Architectural coating” means a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs.

Aromatic compound.

Artist’s solvent/thinner. “Artist’s solvent/thinner” means any liquid product that:

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

Astringent/Toner.

“Automobile headliner adhesive” means an aerosol adhesive designed to bond together layers in motor vehicle headliners.

“Automotive brake cleaner” means] a cleaning product manufactured before January 1, 2018 that is designed or labeled to remove oil, grease, brake fluid, brake pad material, or dirt from motor vehicle brake mechanisms.

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

“Automotive hard paste wax” means an automotive wax or polish that is designed to protect and improve the appearance of automotive paint surfaces, is a solid at room temperature, and contains no water by formulation.

“Automotive instant detailer” means a product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped off before the product is allowed to dry.

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

Automotive Wax, Polish, Sealant, or Glaze.

Automotive Windshield Cleaner.

Automotive Windshield Washer Fluid.

“Bait station insecticide” means a container 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 5 percent active ingredients.

Bathroom and Tile Cleaner.

“Brake cleaner” means a cleaning product manufactured on or after January 1, 2018 that is designed or labeled to remove oil, grease, brake fluid, brake pad material or dirt from motor vehicle brake mechanisms.

“Bug and tar remover” means a product labeled to remove from painted motor vehicle surfaces, without causing damage to the finish, either or both of the following:

“CARB” means the California Air Resources Board.

Carburetor or Fuel-Injection Air Intake Cleaner.

Carpet and Upholstery Cleaner.

Charcoal Lighter Material.

“Clear coating” means a transparent coating usually applied over a colored opaque coating, metallic substrate, or placard to give improved gloss and protection to the color coat.

“Clear, paintable, water resistant caulking compound” means a compound which:

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

“Compliance period” means the period of time, not to exceed 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.

Construction, Panel, and Floor Covering Adhesive.

Consumer.

Consumer Product.

Contact Adhesive.

“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:

“Contact person” means a representative that has been designated by the responsible ACP party for the purpose of reporting or maintaining information specified in the ACP agreement.

Container or Packaging.

Crawling Bug Insecticide.

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

Deodorant.

“Deodorant body spray” means:

Device.

Disinfectant.

Distributor.

“Double phase air freshener” means an aerosol air freshener with liquid contents in two or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion.

Dry Cleaning Fluid.

“Dual purpose air freshener/disinfectant” means an aerosol product that is designed or labeled for use as both a disinfectant and an air freshener, or is so represented on any sticker, packaging, or literature attached to the product container.

Dusting Aid.

Electrical Cleaner.

Electronic Cleaner.

Energized Electrical Cleaner.

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

Enforceable Sales Record.

“Engine degreaser” means a cleaning product designed or labeled to remove grease, grime, oil, and other contaminants from the external surfaces of engines and other mechanical parts.

“Exempt compound” means any carbon-containing compound listed as an exception to the definition of “Volatile organic compound (VOC)” under COMAR 26.11.01.01B.

“Extremely Flammable” means a product that is labeled “Extremely Flammable” on the product container or meets the criteria for the term as specified in 16 CFR §1500.3(c)(6).

Fabric Protectant.

Fabric Refresher.

Facial Cleaner or Soap.

Fatwood.

“Flammable” means a product that is labeled “Flammable” on the product container or meets the criteria for the term as specified in 16 CFR §1500.3(c)(6).

Flea and Tick Insecticide.

“Flexible flooring material” means a product manufactured before January 1, 2018, including asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.

“Flexible vinyl adhesive” means an aerosol adhesive designed to bond to substrates a nonrigid polyvinyl chloride plastic with at least 5 percent by weight of plasticizer content.

“Floor and wall covering adhesive remover” means a product designed or labeled to remove floor or wall coverings and associated adhesives from the underlying substrate.

“Floor coating” means a coating that is labeled and designed for application to flooring, including but not limited to, decks, porches, steps, and other horizontal surfaces that may be subject to foot traffic.

Floor Polish or Wax.

“Floor seam sealer” means a product designed and labeled exclusively for bonding, fusing, or sealing seams between adjoining rolls of installed flexible sheet flooring.

Floor Wax Stripper.

Flying Bug Insecticide.

Footwear or Leather Care Product.

“Fragrance” means a substance or complex mixture of aroma chemicals, natural essential oils, and other functional components with a combined vapor pressure not in excess of 2 mm of Hg at 20°C, intended solely to impart an odor or scent or counteract a malodor.

Furniture Maintenance Product.

“Furniture coating” means a paint designed for application to room furnishings including cabinets, tables, chairs, beds, and sofas.

Gasket or Thread Locking Adhesive Remover.

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

General Purpose Adhesive.

General Purpose Adhesive Remover.

General Purpose Cleaner.

General Purpose Degreaser.

General-Use Hand or Body Cleaner or Soap.

Glass Cleaner.

Graffiti Remover.

“Gross State sales” means the estimated total State sales, expressed to the nearest pound, of an ACP product during a specific compliance period based on either of the following methods the responsible ACP party demonstrates to the satisfaction of the Department provides an accurate State sales estimate:

“Hair mousse” means a hairstyling foam designed to facilitate styling of a coiffure and provide limited holding power.

Hair Shine.

Hair Spray.

Repealed.

Hair Styling Product.

Heavy-Duty Hand Cleaner or Soap.

Herbicide.

“High pressure laminate” means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding 265°F, and at pressures between 1,000 and 1,400 pounds per square inch.

“High-temperature coating” means a high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204° C (400° F).

“High volatility organic compound” means a volatile organic compound that exerts a vapor pressure greater than 80 millimeters of mercury when measured at 20°C.

“House dust mite” means 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.

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

“HVOC” means a high volatility organic compound, as defined in this chapter.

Industrial Maintenance Coating.

Insecticide.

“Insecticide fogger” means an 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.

“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.

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

“Laminate repair or edgebanding adhesive” means an aerosol adhesive designed for:

“Laundry prewash” means a product that:

Laundry Starch/Sizing/Fabric Finish Product.

“Lawn and garden insecticide” means an insecticide product labeled primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods.

Liquid.

Lubricant.

“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 tenth of a percent.

“Low Vapor Pressure-VOC” means:

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

Medicated Astringent/Medicated Toner.

“Medium volatility organic compound (MVOC)” means a volatile organic compound that exerts a vapor pressure greater than 2 millimeters of mercury, and less than or equal to 80 millimeters of mercury, when measured at 20°C.

Metal Polish or Cleanser.

“Missing data days” means the number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sales or VOC content data to the Department, as specified in the ACP agreement.

Mist Spray Adhesive.

“Mounting adhesive” means an aerosol adhesive designed to permanently mount photographs, artwork, or other drawn or printed medium onto a backing (paper, board, cloth, or similar items) without causing discoloration to the medium.

“Multi-purpose dry lubricant” means a lubricant that is:

Multi-Purpose Lubricant.

Multi-Purpose Solvent.

“MVOC” means a medium volatility organic compound, as defined in this section.

“Nail polish” means a clear or colored coating such as lacquers, enamels, acrylics, base coats, and top coats designed for application to the fingernails or toenails.

“Nail polish remover” means a product designed to remove nail polish and coatings from fingernails or toenails.

“Non-Aerosol product” means a consumer product that is not dispensed by a pressurized spray system.

“Noncarbon containing compound” means a compound that does not contain carbon atoms.

Nonresilient Flooring

“Nonselective terrestrial herbicide” means a terrestrial herbicide product that is toxic to plants without regard to species.

Odor Remover/Eliminator.

“One-product business” means a responsible ACP party that sells, supplies, offers for sale, or manufactures for use in the State only one distinct:

Oven or Grill Cleaner.

“Paint” means a pigmented liquid, liquefiable, or mastic composition designed for application to a substrate in a thin layer which is:

“Paint clean-up product” means any liquid product designed or labeled for cleaning oil-based or water-based paint, lacquer, varnish, or related coatings from items not intended to be painted, including painting equipment, tools, plastics, and metals.

Paint Remover or Stripper.

Paint Thinner.

Penetrant.

Personal Fragrance Product.

Pesticide.

“Plasticizer” means a material, such as a high boiling point organic solvent, that:

“Polyolefin adhesive” means an aerosol adhesive designed to bond polyolefins to substrates.

“Polystyrene foam adhesive” means an aerosol adhesive designed to bond polystyrene foam to substrates.

“Pre-ACP VOC content” means the lowest VOC content of an ACP product between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the 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.

“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.

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

“Product category” means the applicable category that best describes the product as listed in Regulations .03 and .04B of this chapter.

“Product form” means the applicable form that most accurately describes the product's dispensing form, such as aerosol product, solid, pump spray, liquid, or gel as follows:

“Product line” means a group of products of identical form and function belonging to the same product category or categories.

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

“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.

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

“Reconciliation of shortfalls plan” means the plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the Department under Regulation .23 of this chapter.

“Removable caulking compound” means a compound that temporarily seals windows or doors for 3 to 6 month time intervals.

“Resilient flooring material” means flexible flooring material, including asphalt, cork, linoleum, no-wax, rubber, seamless vinyl, and vinyl composite flooring.

“Responsible party” means:

“Responsible ACP party” means:

“Restricted materials” means pesticides established as restricted use pesticides as classified by Agriculture Article, Title 5, Annotated Code of Maryland, the federal government, or the Maryland Secretary of Agriculture.

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

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

“Roll-on product” means an antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball or wetted cylinder on the affected area.

Rubber/Vinyl Protectant.

“Rubbing alcohol” means a product containing isopropyl alcohol or denatured ethanol and labeled for topical use:

Sanitizer.

Sealant and Caulking Compound.

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

Shaving Cream.

Shaving Gel.

Shortfall.

Silicone-Based Multi-Purpose Lubricant.

“Single phase aerosol air freshener” means an aerosol air freshener with its liquid contents in a single homogeneous phase and does not require that the product container be shaken before use.

“Solid” means 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 D4359-90 (Reapproved 2012).

“Special purpose spray adhesive” means one or more of the following aerosol adhesives:

Specialty Adhesive Remover.

Spot Remover.

“Spray buff product” means a product designed to restore a worn floor finish with a floor buffing machine and special pad.

“State sales” means the sales in the State, if available, or sales estimated by incorporating national or regional sales data by population, expressed as net pounds of product, less packaging and container:

“Stick product” means an antiperspirant or deodorant that contains active ingredients in a solid matrix form and dispenses the active ingredients by frictional action on the affected area.

“Structural waterproof adhesive” means an adhesive:

Surplus Reduction.

“Surplus trading” means the buying, selling, or transfer of surplus reductions between responsible ACP parties.

“Table B compound” means a carbon-containing compound that is an exception to the definition of VOC in COMAR 26.11.01.01B.

Temporary Hair Color.

“Terrestrial” means living on or growing from land.

“Tire sealant and inflation” means a pressurized product that is designed to temporarily inflate and seal a leaking tire.

Toilet/Urinal Care Product.

“Total maximum historical emissions (TMHE)” means the total VOC emissions from all ACP products for which the responsible ACP party has failed to record the required VOC content or enforceable sales records that are:

“Type A propellant” means a compressed gas such as carbon dioxide (CO₂), nitrogen (N₂), nitrogen oxide (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” means a halocarbon that is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

“Type C propellant” means a propellant that is not a Type A or Type B propellant, including propane, isobutane, n-butane, and dimethyl ether.

Undercoating.

“Usage directions” means 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.

“Vinyl/fabric/leather/polycarbonate coating” means a coating designed and labeled exclusively to coat vinyl, fabric, leather, or polycarbonate substrates.

VOC Content.

“Wasp and hornet insecticide” means an 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 insects or their hiding place.

Waterproofer.

Wax.

“Web spray adhesive” means an aerosol adhesive that is not a mist spray or special purpose spray adhesive.

Wood Cleaner.

“Wood floor wax” means wax-based products for use solely on wood floors.

“Working day” means a day between Monday and Friday, inclusive, except days that are federal holidays.

“Zinc-rich primer” means a coating that:

Products Diluted with Water or Non-VOC Solvent.

Products Diluted with VOC Solvent. For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with a VOC solvent before use, the limits specified in §B of this regulation apply to the product only after the maximum recommended dilution has taken place.

Sell-Through Period. Notwithstanding the provisions of §B of this regulation and Regulation .06 , .07, .08, .09, or .10 of this chapter, a consumer product manufactured prior to each of the effective dates specified for that product in Table 1 of §B of this regulation may be sold, supplied, or offered for sale after each of the specified effective dates.

Section F(1) of this regulation does not apply to:

A person may not sell, supply, or offer for sale after January 1, 2005, a charcoal lighter material product unless at the time of the transaction the following conditions are met:

A manufacturer claiming a certification on the basis of §B(1)(a) of this regulation shall submit to the Department a copy of the certification decision (that is, the Executive Order), including all conditions established by CARB applicable to the certification.

A charcoal lighter material formulation may not be certified under this regulation 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 0.02 pound 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 28, 1991 (the “South Coast Air Quality Management District Rule 1174 Testing Protocol”).

The Department may approve alternative test procedures which are shown to provide equivalent results to those obtained using the South Coast Air Quality Management District Rule 1174 Test Protocol.

A manufacturer or distributor of charcoal lighter material may apply to the Department for certification of a charcoal lighter material formulation under §D of this regulation.

Completeness of Application Information.

The Department shall act on a complete application after the application is deemed complete. If the Department finds that an application meets the requirements of §C of this regulation, then an ACP agreement shall be issued certifying the charcoal lighter material formulation and specifying the conditions necessary to ensure that the requirements of this regulation are met.

An application for certification of a charcoal lighter material formulation shall be in writing and include the following:

Usage directions referenced in §D(1)(b) of this regulation shall accurately reflect the quantity of charcoal lighter material per pound of charcoal that was used under the South Coast Air Quality Management District Rule 1174 Testing Protocol for the product, unless the:

A change in the usage directions; or

A change in product formulation, test results, or other information submitted under §C of this regulation which may result in VOC emissions greater than 0.02 pound of VOC per start.

At a minimum, the following statements or information in font size as large as, or larger than, the signal word, DANGER, WARNING, or CAUTION (not including the font size used for the company name, brand name or logo), as specified in 16 CFR §1500.121;

That the product is “formulated to meet California VOC limits; see warnings on label”; or

The common name of the chemical compound, in large font, that results in the product meeting the criteria for flammable or extremely flammable, such as acetone or methyl acetate.

To qualify as a “special purpose spray adhesive” a product shall meet one or more of the terms specified in Regulation .03B(174) of this chapter.

If the label of an aerosol adhesive product indicates that the product is suitable for use on a substrate or application not listed in Regulation .03B(174) of this chapter as 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”.

If a product meets more than one of the definitions specified in Regulation .03B of this chapter for “special purpose spray adhesive” and is not classified as a “web spray adhesive” or “mist spray adhesive” under §B(2) of this regulation, then the VOC limit for the product shall be the lowest applicable VOC limit specified in Regulation .04B of this chapter.

Methylene chloride;

Perchloroethylene; or

Trichloroethylene.

Methylene chloride;

Perchloroethylene; or

Trichloroethylene.

Methylene chloride;

Perchloroethylene; or

Trichloroethylene.

The product container or package displays the date on which the product was manufactured; or

A code indicates such date in accordance with Regulation .13A of this chapter.

The product is sold or supplied to a distributor or retailer; and

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

Methylene chloride;

Perchloroethylene; or

Trichloroethylene.

The product container or package displays the date on which the product was manufactured; or

A code indicates such date, in accordance with Regulation .13A of this chapter.

The product is sold or supplied to a distributor or retailer; and

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

The date on which the product was manufactured; or

A code indicating such date in accordance with Regulation .13A of this chapter.

The product is sold or supplied to a distributor or retailer; and

The product is sold or supplied on or after June 30, 2009.

Is subject to the same VOC limit in Regulation .04B of this chapter as the innovative product;

Is of the same product form as the innovative product, unless the innovative product uses a new form which does not exist in the product category at the time the application is made; and

Has at least similar efficacy as other consumer products in the same product category based on tests accepted for that product category by the consumer products industry.

The Department shall exempt a consumer product from the VOC limits in Regulation .04B of this chapter if 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:

Equation.

A manufacturer shall apply in writing to the Department for an exemption claimed under §B(1) of this regulation.

The application shall include:

All information submitted by a manufacturer under this section shall be maintained in accordance with the confidentiality requirements in General Provisions Article, Title 4, Annotated Code of Maryland.

On receipt and review of a complete application, the Department shall determine whether, under what conditions, and to what extent, an exemption from the requirements of Regulation .04B of this chapter will be permitted.

The Department shall notify the applicant of a decision in writing and specify the terms and conditions necessary to ensure that emissions from the product will meet the emissions reductions specified in this regulation, and that the emissions reductions can be enforced.

Enforceable conditions that include:

Test methods for determining conformance to the conditions established in §G(1) of this regulation, including:

A change in the product formulation or recommended product usage directions; and

Information which would alter the emissions estimates submitted to the Department in support of the exemption application.

If a VOC limit in Regulation .04B of this chapter is lowered for a product category through a subsequent rulemaking, all innovative product exemptions granted for products in that product category, except as provided in this section, have no effect as of the effective date of the modified VOC standard.

The provision of §I(1) of this regulation does not apply to those innovative products which 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 60 days before the effective date of the limits.

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 regulation, the Department may modify or revoke the exemption as necessary to ensure that the product will meet these criteria.

The Department shall allow the applicant an opportunity for a contested case hearing before modifying or revoking an exemption.

A manufacturer of a consumer product subject to Regulations .04—.10 of this chapter shall clearly display on each consumer product container or package:

A manufacturer who uses a code indicating the date of manufacture for a consumer product subject to Regulations .04—.10 of this chapter shall file an explanation of the date portion of the code with the Department not later than 12 months before the effective date of the applicable standard in Regulation .04B of this chapter.

A manufacturer who uses the following code to indicate the date of manufacture is not subject to the requirements of §A(2) of this regulation, if the code is represented separately from other codes on the product container so that it is easily recognizable:

If a manufacturer changes to a code other than that specified in §A(3) of this regulation indicating the date of manufacture for any consumer product, an explanation of the modified code shall be submitted to the Department before any products displaying the modified code are sold, supplied, or offered for sale in the State.

A person may not 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.

Date code explanations for codes indicating the date of manufacture are public information, shall be separate from any confidential information, and may not be claimed as confidential.

The requirements of §A of this regulation do not apply to:

Notwithstanding the definition of “product category” in Regulation .03 of this chapter, if a representation is made that a consumer product is suitable for or may be used as a consumer product with a lower VOC limit as specified in Regulation .04B of this chapter, and the representation appears on the container, packaging, or label or sticker affixed thereto, the lower VOC limit shall apply for:

The requirement in §B(1) of this regulation does not apply to a general purpose cleaner, an antiperspirant or deodorant product, a product intended to serve as an antiperspirant deodorant, insecticide foggers, and lawn and garden insecticide.

Notwithstanding the definition of product category in Regulation .03 of this chapter, if a representation is made that a consumer product is suitable for or may be used as a consumer product with a lower VOC limit as specified in Regulation .04B, and the representation appears on the container, packaging, or label or sticker affixed thereto, the lower VOC limit applies for:

The requirement of §B(3) of this regulation does not apply to general purpose cleaners, antiperspirant, deodorant products, insecticide foggers, and lawn and garden insecticide.

In addition to the requirements specified in §§A and B of this regulation and Regulation .14 of this chapter, 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 this chapter shall ensure that all products clearly display the following information on each product container which is manufactured on or after the effective date for the category specified in the table of standards:

The information required in §A(1) of this regulation shall be displayed on the product container so that it is readily observable without removing or disassembling a portion of the product container or packaging. For the purposes of this section, information may be displayed on the bottom of a container if it is clearly legible without removing any product packaging.

A person may not remove, alter, conceal, or deface the information required in §C(1) of this regulation before final sale of the product.

The company name of the responsible party and the party's address, telephone number, and designated contact person;

Any claim of confidentiality made under General Provisions Article, Title 4, Annotated Code of Maryland;

The product brand name for each consumer product and the product label;

The product category to which the consumer product belongs;

The applicable product form or forms listed separately;

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

State sales in pounds per year, to the nearest pound, and the method used to calculate State sales for each product form;

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

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 0.10 percent:

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

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

If applicable, an identification of the type of propellant such as Type A, Type B, Type C, or a blend of the different types.

The requirements of this section apply to all responsible parties for consumer products that are subject to Regulation .04B of this chapter and contain perchloroethylene or methylene chloride.

For the purposes of this section, a product contains perchloroethylene or methylene chloride if the product contains 1 percent or more by weight, excluding the container or packaging, of either perchloroethylene or methylene chloride.

For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold in the State during the calendar years of 2005 through 2010:

The information specified in §C(3) of this regulation shall be reported for each calendar year by March 1 of the following year until March 1, 2011, when the last report is due.

The specific grounds upon which the variance is sought;

The proposed date or dates by which compliance with the provisions of Regulations .04—.10 of this chapter will be achieved; and

A plan reasonably detailing the method or methods by which compliance will be achieved.

A variance may not be granted unless the Department determines that:

If the Department determines that a variance may be granted, it shall prepare an order that contains the following:

Before the order is issued, a public hearing will be held to allow an opportunity for comment on the order.

If issued, the order shall be submitted to the EPA for inclusion in the approved State Implementation Plan.

Testing to determine compliance with the requirements of this chapter shall be performed using CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997, and as amended on August 6, 2010.

Alternative methods which are shown to accurately determine the concentration of VOCs in a consumer product may be used upon approval by the Department.

Testing to determine compliance with the requirements of this chapter may also be demonstrated through calculation of the VOC content based upon records of the amounts of constituents used to make the product under the criteria of this section.

Compliance determinations based on these records may not be used unless the manufacturer of a consumer product maintains accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records shall be maintained for at least 3 years.

The VOC content shall be calculated according to the following equation:

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 the requirements of this chapter.

The constituents used to manufacture a product;

The chemical composition of the individual product; or

Other tests, processes, or records used in connection with product manufacture.

A manufacturer that has been granted an ACP agreement by the CARB under the provisions in Subchapter 8.5, Article 4, §§94540—94555, CCR Title 17 of the California Code of Regulations based on national sales data, is exempt from the limits in Regulation .04B of this chapter for the period of time that the CARB ACP agreement remains in effect if all ACP products within the CARB ACP agreement are contained in Regulation .04B of this chapter.

A manufacturer claiming an ACP agreement on this basis shall submit to the Department the following:

Has been granted an ACP agreement under the ACP provision in Subchapter 8.5, Article 4, §§94540—94555, California Code of Regulations based on sales data specific to the state of California; or

Has not been granted an ACP agreement by the CARB.

An application for an ACP shall be submitted in writing to the Department and shall contain all of the following:

The operational plan required under §C(1)(g) of this regulation shall contain all of the following:

To provide the demonstration required under §C(1)(d) of this regulation, the responsible ACP party shall:

Only ACP products meeting the criteria of §D(1)(e) of this regulation shall be allowed to be sold in the State under an ACP.

Upon receipt and review of an ACP application, the Department shall inform the applicant in writing that either:

If the Department finds that an application meets the requirements of Regulation .17C of this chapter, then it shall issue an ACP agreement.

The Department may deny an ACP application 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 of this chapter, that the responsible ACP party has a recurring pattern of violations and has consistently refused to take the necessary steps to correct those violations.

The Department shall specify the terms and conditions 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 limits specified in Regulation .04B of this chapter.

The ACP agreement shall include:

Maintained by the responsible ACP party for a minimum of 3 years after the records are generated; and

Clearly legible and maintained in good condition.

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

Within 5 working days after receipt of a written request from the Department; or

During another period of time acceptable to the Department.

Failure to report data or failure to report data accurately in writing to the Department regarding the VOC content, LVP content, enforceable sales, or other information required by deadlines specified in the applicable ACP agreement;

False reporting of information submitted to the Department for determining compliance with the ACP requirements;

Failure to completely implement the reconciliation of shortfalls plan set forth in the ACP agreement, within 30 working days from the date of written notification of a shortfall by the Department; or

Failure to completely reconcile the shortfall as specified in the ACP agreement, within 90 working days from the date of written notification of a shortfall by the Department.

If the responsible ACP party has all required information for the applicable compliance period specified in the ACP agreement, then a determination whether an exceedance has occurred is made 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

If the responsible ACP party does not have all the required information specified in the ACP agreement for an applicable compliance period, the determination of whether an exceedance of the ACP limit has occurred is made as follows:

If a violation specified in §F of this regulation occurs, the responsible ACP party may establish the number of violations as calculated according to the following equation: NEV = (ACP emissions - ACP limit) × 1 Violation/40 Pounds where:

The responsible ACP party may determine the number of ACP limit violations under this section 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 any and all legal objections to the calculation of the ACP limit violations under this section.

The Department shall issue surplus reduction certificates that establish and quantify, to the nearest pound of VOC reduced, surplus reductions achieved by a responsible ACP party operating under an ACP.

The surplus reductions can be bought from, sold to, or transferred to a responsible ACP party operating under an ACP.

A surplus reduction shall be calculated by the Department at the end of each compliance period within the time specified in the approved ACP.

Surplus reduction certificates are not instruments, securities, or other form of property.

The issuance, use, and trading of surplus reductions are subject to the provisions of this section.

VOC reductions from sources of VOCs other than consumer products subject to the VOC standards specified in Regulation .04B of this chapter may not be used to generate surplus reductions.

A surplus reduction is valid only when generated by a responsible ACP party and only while that responsible ACP party is operating under an approved ACP.

A surplus reduction is valid only after the Department has issued an ACP agreement.

A surplus reduction issued by the Department may be used by the responsible ACP party who generated the surplus reduction until the reductions expire or are traded, or until the ACP is canceled under Regulation .25 of this chapter.

A surplus reduction may not be applied retroactively to a compliance period before the compliance period in which the reductions were generated.

Except as provided in §B(8) of this regulation, only small or one-product businesses selling products under an approved ACP may purchase surplus reductions. An increase in the size of a small business or one-product business has no effect on surplus reductions purchased by that business before the date of the increase.

Valid surplus reductions can be used only for the following purposes:

A valid surplus reduction shall be in effect starting 5 days after the date of issuance by the Department and 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.

At least 5 working days before the effective date of transfer of surplus reductions, both the responsible ACP party which is selling surplus reductions and the responsible ACP party which is buying the surplus reductions shall, either together or separately, submit to the Department a written notification of the transfer as described in Regulation .26 of this chapter.

Surplus reduction credits shall be traded only between ACP product or products for consumer products.

The date the transfer is to become effective;

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

The amount, expressed as pounds of VOCs, of surplus reductions that are being transferred;

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

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

A copy of the Department-issued surplus reductions certificate, that:

For the purposes of this regulation, “early reformulation” means an ACP product that is reformulated to result in a reduction in the product's VOC content and that is sold, supplied, or offered for sale in the State for the first time during the 1-year period immediately before the date on which the application for a proposed ACP is submitted to the Department.

“Early reformulation” does not include reformulated ACP products which are sold, supplied, or offered for sale in the State more than 1 year before the date on which the ACP application is submitted to the Department.

Accurate documentation showing that the early reformulation reduced the VOC content of the ACP product to a level which is below the pre-ACP VOC content of the product, or below the applicable VOC standard specified in Regulation .04B of this chapter, whichever is the lesser of the two;

Accurate documentation demonstrating that the early reformulated ACP product was sold in State retail outlets within the time period specified in §A(1) of this regulation;

Accurate sales records for the early reformulated ACP product that meet the definition of “enforceable sales records” in Regulation .03B(65) of this chapter, and that demonstrate that the enforceable sales for the ACP product are at least 75 percent of the gross State sales for the product; and

Accurate documentation for the early reformulated ACP product which meets the requirements of this regulation, and which identifies the specific test methods for verifying the claimed early reformulation and the statistical accuracy and precision of the test methods.

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 Regulations .04—.10 of this chapter, whichever is the lesser of the two, expressed to the nearest 0.1 pounds of VOC per 100 pounds of ACP product; and

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.

Surplus reduction credits will 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;

Surplus reduction credits may not be transferred to or used by any other responsible ACP party; and

Except as provided in this regulation, surplus reduction credits are subject to all requirements applicable to surplus reductions and surplus trading, as specified in Regulation .21 of this chapter.

At the end of each compliance period, the responsible ACP party shall submit to the Department an initial calculation of 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 a shortfall that has occurred during the compliance period, and shall notify the responsible ACP party of this determination.

The responsible ACP party shall notify the Department, in writing, not later than 15 working days from the date of a change to an ACP product's:

For each modification, the notification shall fully explain the following:

A responsible ACP party may propose modifications to the enforceable sales records or reconciliation of shortfalls plan specified in the ACP agreement approving the ACP if the responsible party:

The responsible ACP party shall meet all applicable requirements of the existing ACP until a proposed modification is approved in writing by the Department.

The Department shall act on the proposed modifications using the procedure set forth in Regulation .24 of this chapter.

The Department shall modify an ACP as necessary to ensure that the ACP meets all requirements of this chapter and that the ACP emissions will not exceed the ACP limit if the Department determines that:

The Department may not modify the ACP without first affording the responsible ACP party an opportunity for public comment in accordance with the procedures specified in applicable State laws and regulations to determine if the ACP should be modified.

If an applicable VOC limit specified in Regulation .04B of this chapter is modified by CARB in a future rulemaking, the Department shall modify the ACP limit specified in the ACP agreement to reflect the modified ACP VOC standards as of the effective dates of their modification by CARB.

The ACP reaches the expiration date specified in the ACP agreement;

The ACP is modified by the responsible ACP party and the modification is approved by the Department, as provided in Regulation .24 of this chapter;

The ACP is modified by the Department, as provided in Regulation .24D of this chapter;

The ACP includes a product for which the VOC standard specified in Regulation .04B is modified by the Department in a future rulemaking, and the responsible ACP party informs the Department in writing that the ACP will terminate on the effective date or dates of the modified standard; or

The ACP is canceled under §B of this regulation.

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

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

The responsible ACP party fails to meet the requirements of the reconciliation of shortfalls plan described under Regulation .23 of this chapter within the time periods specified; or

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

All remaining shortfalls in effect at the time of ACP cancellation shall be reconciled under the requirements of Regulation .23 of this chapter; and

All ACP products subject to the ACP shall be in compliance with the applicable VOC limits in Regulations .04—.10 of this chapter immediately on the effective date of ACP cancellation.

Has been postmarked at least 5 working days before the effective date of the transfer;

Is signed and submitted separately by both responsible parties; and

Clearly identifies the contact persons, business names, mail and street addresses, and phone numbers of the responsible parties involved in the transfer; and