06- 096 C.M.R. ch. 152, § 7

Current through 2024-51, December 18, 2024

Section 096-152-7 - Reporting Requirements

A.Upon 90 days written notice, the Department may require any responsible party to report the information for any consumer product specified in subsections 7(A)(1) through 7(A)(11). If the responsible party does not have or does not provide the information requested by the Department under this section, the Department may require the reporting of this information by the person that has the information, including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

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

(2) the product brand name for each consumer product and the product label;

(3) the product category to which the consumer product belongs;

(4) the applicable product form(s) listed separately;

(5) an identification of each product brand name and form as a "Household Product" "Industrial and Institutional (IandI;) Product," or both;

(6) separate Maine sales in pounds per year, to the nearest pound, and the method used to calculate Maine sales for each product form;

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

(8) 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 one-tenth of a percent (0.1%):

(a) total exempt compounds;

(b) total LVP-VOCs that are not fragrances;

(c) total all other carbon-containing compounds that are not fragrances;

(d) total all non-carbon-containing compounds;

(e) total fragrance;

(f) for products containing greater than two percent by weight fragrance:

(i) the percent of fragrance that are LVP-VOCs;

(ii) the percent of fragrance that are all other carbon-containing compounds; and

(g) total paradichlorobenzene.

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

(a) each exempt compound; and

(b) each LVP-VOC that is not a fragrance

(10) if applicable, the weight percent comprised of propellant for each product;

(11) if applicable, an identification of the type of propellant (Type A, Type B, Type C, or a blend of the different types).

B.In addition to the requirements of Section 7(A)(10), the Department may require the responsible party to report or arrange to have reported to the Department the net percent by weight of each ozone-depleting compound which is:

(1) listed in Section 3(H); and

(2) contained in a product subject to regulation under Section 3 of this Chapter in any amount greater than 0.1 percent by weight.

C.Special Reporting Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride.

(1) The requirements of this subsection shall apply to all responsible parties for consumer products that are subject to section 3(A) and contain perchloroethylene or methylene chloride and Energized Electrical Cleaners as defined in section 2, that contain perchloroethylene or methylene chloride. For the purposes of this subsection, a product "contains perchloroethylene or methylene chloride" if the product contains 1.0 percent or more by weight (exclusive of the container or packaging) of either perchloroethylene or methylene chloride.

(2) For each consumer product that contains perchloroethylene or methylene chloride, the responsible party shall report the following information for products sold in Maine, upon request of the Department within 90 days written notice:

(a) the product brand name and a copy of the product label with legible usage instructions;

(b) the product category to which the consumer product belongs;

(c) the applicable product form(s) (listed separately);

(d) for each product form listed in (c), the total sales in Maine during the calendar year, to the nearest pound (exclusive of the container or packaging), and the method used for calculating the Maine sales;

(e) the weight percent, to the nearest 0.10 percent, of perchloroethylene and methylene chloride in the consumer product;

(3) If the responsible party does not have or does not provide the information requested by the Department under this section, the Department may require the reporting of this information by the person that has the information, including, but not limited to, any formulator, manufacturer, supplier, parent company, private labeler, distributor, or repackager.

NOTE: Manufacturers who submit information to the Department under this Chapter should mark those documents as "claimed confidential" if they believe the documents should be exempt from disclosure under Maine's Freedom of Access Law, 1 M.R.S.A. §401 et seq. Such documents will be handled in accordance with Departmental policies governing records that may contain confidential information, SOP Number OC PE 0006, and applicable law.

06- 096 C.M.R. ch. 152, § 7