06-096-152 Me. Code R. § 3

Current through 2024-51, December 18, 2024

Section 096-152-3 - Standards

A. Except as provided in Sections 4(Exemptions), 5 (Innovative Products), 8 (Variances), and 11 (Alternative Control Plan) of this Chapter, no person in the State of Maine shall sell, supply for sale in Maine, offer for sale, or manufacture any consumer product manufactured on or after the effective date in the following Table of Standards which contains volatile organic compounds in excess of the limits specified in the following Table of Standards:

Table of Standards

Product Category	Effective DateMay 1, 2005	Effective DateJanuary 1, 2009
	Percent volatile compounds by weight
Adhesive Removers: Floor or wall coverings Gasket or thread locking General purpose Specialty	5 50 20 70
Adhesives Aerosol: Mist Spray Web Spray Special Purpose Spray Adhesives: Mounting; Automotive Engine Compartment; Flexible Vinyl Polystyrene Foam and Automotive Headliner Polyolefin and Laminate Repair/Edgebanding Contact Contact General Purpose Contact Special Purpose Construction, Panel, Floor Covering General Purpose Structural Waterproof	65 55 70 65 60 80 15 10 15	NA 55 80
Air fresheners Single-Phase Aerosols Double-Phase Aerosols Liquids/Pump Sprays Solids/gels	30 25 18 3
Antiperspirants Aerosol Non-Aerosol	40 HVOC 10 MVOC 0 HVOC 0 MVOC
Automotive Brake Cleaners	45
Anti-static Product, non-aerosol	11
Automotive Rubbing or Polishing Compound	17
Automotive Wax, Polish, Sealant or Glaze Hard Paste Waxes Instant Detailers All Other Forms	45 3 15
Automotive Windshield Washer Fluids	35
Bathroom and Tile Cleaners Aerosols All Other Forms	7 5
Bug and Tar Remover	40
Carburetor or Fuel-injection Air Intake Cleaners	45
Carpet and Upholstery Cleaners Aerosols Non-Aerosols (Dilutables) Non-Aerosols (Ready-to-Use)	7 0.1 3.0
Charcoal Lighter Material	See 3(F)
Cooking Spray Aerosols	18
Deodorants Aerosol Non-Aerosol	0 HVOC 10 MVOC 0 HVOC 0 MVOC
Dusting Aids Aerosols All Other Forms	25 7
Electrical cleaner	45
Electronic cleaner	75
Engine Degreasers Aerosols Non-Aerosols	35 5
Fabric Protectants	60
Fabric refresher Aerosol Non-aerosol	15 6
Floor Polishes/ Waxes Products for Flexible Flooring Materials Products for Nonresilient Flooring Wood Floor Wax	7 10 90
Floor Wax Strippers Non-Aerosol	See 3(H)
Footwear or Leather Care Aerosol Solid Other forms	75 55 15
Furniture Maintenance Products Aerosols All other Forms Except Solid or Paste	17 7
General Purpose Cleaners Aerosols Non-Aerosols	10 4
General Purpose Degreasers Aerosols Non-Aerosols	50 4
Glass Cleaners Aerosols Non-Aerosols	12 4
Graffiti Remover Aerosol Non-aerosol	50 30
Hair Mousses	6
Hair Shines	55
Hairsprays	55
Hair Styling Gels	6
Hair Styling Products Aerosol and pump sprays All other forms	6 2
Heavy-Duty Hand Cleaner or Soap	8
Insecticides Crawling Bug (Aerosol) Crawling Bug (all other forms) Flea and Tick Flying Bug (Aerosol) Flying Bug (all other forms) Foggers Lawn and Garden (all other forms) Lawn and Garden (Non-Aerosol) Wasp and Hornet	15 20 25 25 35 45 20 3 40
Laundry Prewash Aerosol / Solids All Other Forms	22 5
Laundry Starch Products	5
Metal polishes/ Cleansers	30
Multi-Purpose Lubricant (Excluding Solid or Semi-Solid Products)	50
Nail Polish Remover	75
Non-Selective Terrestrial Herbicide Non-Aerosols	3
Oven cleaners Aerosols/ Pump Sprays Liquids	8 5
Paint Remover or Stripper	50
Penetrants	50
Rubber and Vinyl Protectants Non-Aerosols Aerosols	3 10
Sealants and Caulking Compounds	4
Shaving Creams	5
Shaving gel	7
Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products)	60
Spot Removers Aerosols Non-Aerosols	25 8
Tire Sealants and Inflators	20
Toilet/Urinal Care Aerosol Non-aerosol	10 3
Undercoatings Aerosols	40
Wood Cleaner Aerosols Non-aerosol	17 4

B. After May 1, 2005, no person in the State of Maine shall sell, supply for sale in Maine, offer for sale, or manufacture any antiperspirant or deodorant which contains any compound that has been identified as a toxic air contaminant by the CARB in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 7, Section 93000, Toxic Air Contaminants, amended July 21, 1999, incorporated by reference herein.

C.Products that are diluted prior to use.

(1) For consumer products for which the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOC solvent prior to use, the limits specified in the Table of Standards shall apply to the product only after the minimum recommended dilution has taken place. For purposes of this subsection, "minimum recommended dilution" shall not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard-to-remove soils or stains.

(2) For consumer products for which the label, packaging, or accompanying literature states that the product should be diluted with any VOC solvent prior to use, the limits specified in the Table of Standards shall apply to the product only after the maximum recommended dilution has taken place.

D. Sell-through of products.

(1) Sell-through period. Notwithstanding the provisions of section 3(A) or 3(G), a consumer product manufactured prior to each of the effective dates specified for that product in the Table of Standards may be sold, supplied, or offered for sale after each of the specified effective dates. This subsection D does not apply to:

(a) any consumer product that does not display on the product container or package the date on which the product was manufactured, or a code indicating such date, in accordance with section 6(A), or

(b) Solid Air Fresheners and Toilet/Urinal Care Products that contain para-dichlorobenzene; these products are subject to the one-year sell-through period specified in section 3(N).

E. Products registered under FIFRA. For those consumer products that are registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA; 7 U.S.C. Section 136 - 136y ), the effective date of the VOC standards specified in Table of Standards is one year after the date specified in subsection 3(A) of this Chapter.

F. Requirements for charcoal lighter materials. The following requirements shall apply to all charcoal lighter material products as defined in Section 2(B)(22) of this Chapter.

(1) No person shall sell, supply, manufacture or offer for sale after May 1, 2005 any charcoal lighter material product unless at the time of the transaction the manufacturer can demonstrate that they have been issued a currently effective certification by the CARB under the Consumer Products provisions under Title 17, California Code of Regulations Section 94509(h). This certification remains in effect for as long as the CARB certification remains in effect. Any manufacturer claiming such a certification on this basis must submit to the Department a copy of the certification decision (i.e., the Executive Order), including all conditions established by CARB applicable to the certification.

(2) The Department may, at any time, request a manufacturer to submit information concerning the charcoal lighter material manufactured for use in the State of Maine. The manufacturer shall respond within 30 days, in writing, and shall include, at a minimum, the following:

(a) the results of testing conducted pursuant to the procedures specified in South Coast Air Quality Management District Rule 1174, Control of Volatile Organic Compound Emissions from the Ignition of Barbecue Charcoal, adopted October 5, 1990 (SCAQMD Rule 1174), incorporated by reference herein.

(b) the exact text and/or graphics that will appear on the charcoal lighter material's principal display panel, label, and any accompanying literature. The provided material shall clearly show the usage directions for the product. These directions shall accurately reflect the quantity of charcoal lighter material per pound of charcoal that was used in the SCAQMD Rule 1174 T esting Protocol, incorporated by reference in Section 3(F)(2)(a) of this regulation, for that product, unless:

(i) the charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes, or

(ii) the charcoal lighter material is already incorporated into the charcoal, such as certain "bag light," "instant light" or "match light" products.

(c) For a charcoal lighter material which meets the criteria specified in Section 3(F)(2)(a)(i) of this chapter, the usage instructions provided to the State of Maine shall accurately reflect the quantity of charcoal lighter material used in the SCAQMD Rule 1174 T esting Protocol, incorporated by reference in Section 3(F)(2)(a) of this regulation, for that product.

(d) Any physical property data, formulation data, or other information required by the Department for use in determining when a product modification has occurred.

(e) Possession of a currently effective certification by the CARB under the Consumer Products provisions of Title 17, California Code of Regulations, Division 3, Chapter1, Subchapter 8.5, Consumer Products, Article 2, Section 94509(h), or from a state with a similar certification procedure, should be noted and a copy of the applicable certification decision (i.e., the Executive Order) should be included.

G.Requirements for aerosol adhesives.

(1) The following requirements for aerosol adhesives shall apply:

(a) In order to qualify as a "Special Purpose Spray Adhesive" the product must meet one or more of the definitions for "Special Purpose Spray Adhesive" in Section 2(B)(98) of this Chapter, but if the product label indicates that the product is suitable for use on any substrate or application not listed in one of the definitions for "Special purpose spray adhesive," in Section 2(B)(98), then the product shall be classified as either a "Web Spray Adhesive" or a "Mist Spray Adhesive."

(b) If a product meets more than one of the definitions specified in Section 2(B)(98) of this chapter for "Special Purpose Spray Adhesive," and is not classified as a "Web Spray Adhesive" or "Mist Spray Adhesive" under Section 3(G)(1)(a) of this Chapter, then the VOC limit for the product shall be the lowest applicable VOC limit specified in Section 3(A).

(2) Effective May 1, 2005, no person shall sell, supply, offer for sale, or manufacture for use in Maine any aerosol adhesive which contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

(3) All aerosol adhesives must comply with the labeling requirements specified in Section 6(D).

H.Requirements for Floor Wax Strippers. No person in the State of Maine shall sell, supply for use in Maine, offer for sale, or manufacture any floor wax stripper on or after May 1, 2005, unless the following requirements are met:

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

(2) If a non-aerosol floor wax stripper is also intended to be used for removal of heavy build-up of polish, the label of that floor wax stripper must specify a dilution ratio for heavy build-up of polish that results in an as-used VOC concentration of 12 percent by weight or less.

(3) The terms "light build up," "medium build up," or "heavy build up" are not specifically required, as long as comparable terminology is used.

I.Products containing ozone-depleting compounds. For any consumer product for which standards are specified under Section 3(A), no person in the State of Maine shall sell, supply for sale in Maine, offer for sale, or manufacture any consumer product on or after May 1, 2005, which contains any of the following ozone-depleting compounds:

CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane),

CFC-113 (1,1,1-trichloro-2,2,2-trifluoroethane),

CFC-114 (1-chloro-1,1-difluoro-2-chloro-2,2-difluoroethane),

CFC-115 (chloropentafluoroethane), halon 1211 (bromochlorodifluoromethane),

halon 1301 (bromotrifluoromethane), halon 2402 (dibromotetrafluoroethane),

HCFC-22 (chlorodifluoromethane), HCFC-123 (2,2-dichloro-1,1,1-trifluoroethane),

HCFC-124 (2-chloro-1,1,1,2-tetrafluoroethane),

HCFC-141b (1,1-dichloro-1-fluoroethane),

HCFC-142b (1-chloro-1,1-difluoroethane),

1,1,1-trichloroethane, or

carbon tetrachloride.

J.The requirements of Section 3(H) shall not apply to any existing product formulation that complies with the Table of Standards or any existing product formulation that is reformulated to meet the Table of Standards, provided the ozone depleting compound content of the reformulated product does not increase.

K. The requirements of Section 3(H) shall not apply to any ozone depleting compounds that may be present as impurities in a consumer product in an amount equal to or less than 0.01% by weight of the product.

L. Requirements for Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, and General Purpose Degreasers.

(1) Except as provided below in Sections 3(L)(2) and (L)(4), effective January 1, 2009, no person shall sell, supply, offer for sale, or manufacture for use in Maine any Contact Adhesive, Electronic Cleaner, Footwear or Leather Care Product, or General Purpose Degreaser that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

(2) Sell-through of Products. Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, and General Purpose Degreasers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured prior to January 1, 2009, may be sold, supplied, or offered for saleuntil January 1, 2012, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with section 6(a).

(3) Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product identified above in section 3(l)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on January 1, 2012, if both of the following conditions are met:

(i) the product is sold or supplied to a distributor or retailer; and

(ii) the product is sold or supplied on or after June 30, 2011.

(4) Impurities. The requirements of section 3(L)(1) and (L)(3) shall not apply to any Contact Adhesive, Electronic Cleaner, Footwear or Leather Care Product, or General Purpose Degreaser containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight.

M. Requirements for Adhesive Removers, Electrical Cleaners, and Graffiti Removers.

(1) Except as provided below in sections 3(M)(2) and (M)(4), effective January 1, 2009, no person shall sell, supply, offer for sale, or manufacture for use in Maine any Adhesive Remover, Electrical Cleaner, or Graffiti Remover that contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene.

(2) Sell-through of Products. Adhesive Removers, Electrical Cleaners, and Graffiti Removers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before January 1, 2009, may be sold, supplied, or offered for saleuntil January 1, 2012, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with section 6(A).

(3) Notification for products sold during the sell-through period. Any person who sells or supplies a consumer product identified above in section 3(M)(1) must notify the purchaser of the product in writing that the sell-through period for that product will end on January 1, 2012, if both of the following conditions are met:

(i) the product is sold or supplied to a distributor or retailer; and

(ii) the product is sold or supplied on or after June 30, 2011.

(4) Impurities. The requirements of section 3(M)(1) and (M)(3) shall not apply to any Adhesive Remover, Electrical Cleaner, or Graffiti Remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than 0.01% by weight.

N. Requirements for Solid Air Fresheners and Toilet/Urinal Care Products.

(1) Effective January 1, 2009, no person shall sell, supply, offer for sale, or manufacture for use in Maine any Solid Air Fresheners or Toilet/Urinal Care Products that contain para-dichlorobenzene, except that Solid Air Fresheners and Toilet/Urinal Care Products that contain para-dichlorobenzene and were manufactured before January 1, 2009 may be sold, supplied, or offered for saleuntil January 1, 2010, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with section 6(A).

(2) Notification for products sold during the sell-through period. Any person who sells or supplies any Solid Air Freshener or Toilet/Urinal Care Product that contains para-dichlorobenzene must notify the purchaser of the product in writing that the sell-through period for the product will end on January 1, 2010, if both of the following conditions are met:

(i) the product is sold or supplied to a distributor or retailer; and

(ii) the product is sold or supplied on or after June 30, 2009.

06-096 C.M.R. ch. 152, § 3