06- 096 C.M.R. ch. 152, § 9

Current through 2024-51, December 18, 2024
Section 096-152-9 - Test Methods
A. Testing to determine compliance with the requirements of this Chapter shall be performed by one of the following:
(1) Using CARB Method 310, ''Determination of Volatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds in Aerosol Coating Products,'' adopted September 25, 1997, and as last amended on May 5, 2005, incorporated by reference herein.
(2) Alternative methods which are shown to accurately determine the concentration of VOCs in a subject product or its emissions may be used upon approval of the Department and EPA.
(3) Calculation of the VOC content from records of the amounts of constituents used to make the product under the following criteria:
(a) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records must be kept for at least three years and made available to the Department and EPA on request.

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.

(b) For the purposes of this section, the VOC content (expressed as a percentage) shall be calculated according to the following equation:

VOC Content = (B-C) x 100/A

where,

A = total net weight of unit (excluding container and packaging)

B = total weight of all VOCs, as defined in Chapter 100 of the Department's regulations, per unit

C = total weight of VOCs exempted under Section 4, per unit

(c) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310, incorporated by reference in Section 9(A)(1) of this regulation, the results of CARB Method 310shall take precedence over the product records and may be used to establish a violation of the requirements of this regulation.
B. Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90 (2006) Standard Test Method for Determining Whether a Material is a Liquid or a Solid, ASTM International, which is incorporated by reference herein.
C. Compliance determinations for charcoal lighter material products. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the SCAQMD Rule 1174 T esting Protocol, incorporated by reference in Section 3(F)(2)(a) of this regulation.
D. Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-05, Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure (2005), ASTM International, incorporated by reference herein.
E. No person shall create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and any other test, processes, or records used in connection with product manufacture.
F.Test Method Availability.
(1) CARB Method 310 is available on the web at: http://www.arb.ca.gov/testmeth/cptm/cptm.htm.
(2) Referenced ASTM methods can be purchased from American Society for Testing and Materials (ASTM), 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428- 2959. Telephone (610) 832-9585,www.astm.org or service@astm.org.
(3) SCAQMD methods can be purchased from South Coast Air Quality Management District, 21865 East Copley Drive, Diamond Bar, California 91765-0934. Telephone (909) 396-2162. www.aqmd.gov.

06- 096 C.M.R. ch. 152, § 9