06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter 152: CONTROL OF EMISSIONS OF VOLATILE ORGANICCOMPOUNDS FROM CONSUMERPRODUCTS SUMMARY: This regulation limits emissions ofvolatile organic compounds fromconsumer products by establishing emission limits for consumer product source categories. 1. Applicability. Except as provided in Section 4 ofthis Chapter, this regulation shall apply to any person inthe State of Maine who sells, supplies for use in Maine, offers for sale, or manufactures consumer products. 2. Definitions . A . General Definitions (1) ACP. "ACP" means Alternative Control Plan . (2) ACPagreement. "ACPagreement" means the document signed bythe CARB (or other state) which includes the conditions and requirements of the ACP, and which allows manufacturers to sell ACP products in Maine pursuant to the requirements of this regulation. (3) ACP product. "ACP Product" means any "consumer product" subject to the VOC standards specified in Section 3(A) ofthis Chapter, except those products that have been exempted under Section 4 ofthis Chapter, or exempted as Innovative Products under Section 5 ofthis Chapter. (4) Agricultural use. "Agricultural use" means the use of any pesticide or method or device for the control ofpests in connectionwiththe commercial production, storage or processing of any animal or plant crop. "Agricultural Use" does not include the saleor use ofpesticides in properly labeled packages or containers which are intended for: (a) Home use, (b) Use in structural pest control, (c) Industrial or (d) Institutional use. For the purposes of this definition only: (a) Home use. Means use in a household or its immediate environment. (b) Structuralpest control . Means a use requiring a license under 01-026 CMRChapters 10, 31, 32, and 35. (c) Industrial use. Means use for or in a manufacturing, mining, or chemical process or use inthe operation offactories, processing plants, and similar sites. (d) 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. (5) All other carbon-containing compounds. "All other carbon-containing compounds " means all other compounds which contain at least one carbon atomand are not an "Exempt Compound" or a "LVP-VOC ." (6) All other forms. "All other forms" means all consumer product forms for which no formspecific VOCstandard is specified. Unless specified otherwise bythe applicable VOC standard, "all other forms" include, but are not limited to, solids, liquids, wicks, powders, crystals, and cloth or paperwipes (towelettes) .06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (7) Alternative control plan or ACP. "Alternative control plan or ACP" means any emissions averaging programapproved by the Department pursuant to the provisions ofthis regulation. (8) ASTM

. "ASTM" means theAmerican Society forTesting and Materials. (9) CARB

. "CARB" means the California Air Resources Board. (10) Chemical Abstract Services (CAS) Number. "Chemical Abstract Services number" means a unique identifier for chemical substances in the Chemical Abstract Services Registry ofthe American Chemical Society. (11) Colorant . "Colorant" means any pigment or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient. (12) Consumer . "Consumer" means any person who purchases, oracquires any consumer product for personal, family, household, or institutional use. Persons acquiring a consumer product for resale are not "consumers" for that product. (13) Consumer product. "Consumer product" means a chemically formulated product used by household and institutional consumers including, but not limited to, detergents; cleaning compounds; polishes; floor finishes; cosmetics; personal care products; home, lawn, and garden products; disinfectants; sanitizers; aerosol paints; and automotive specialty products; but does not include other paint products, furniture coatings, or architectural coatings. As used inthis rule, "Consumer products" shall also refer to aerosol adhesives, including aerosol adhesives used for consumer, industrial or commercial uses. (14) Container/packaging. "Container/packaging" means the part or parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, dispense, wrap or store the chemically formulated substance or mixture ofsubstances which is solely responsible for accomplishing the purposes for which the product was designed or intended. "Container/packaging" includes any article onto or into whichthe principal display panel and other accompanying literature or graphics are incorporated, etched, printed or attached. (15) Contact person. "Contact person" means a representative(s) that has been designated by the responsible ACPparty for the purpose ofreporting or maintaining any information specified inthe ACP Agreement approving an ACP . (16) Date-code. "Date-code" means the day, month and year onwhich the consumer product was manufactured, filled, or packaged, or a code indicating such a date. (17) Device. "Device" means any instrument or contrivance (other than a firearm) which is designed for trapping, destroying, repelling, or mitigating any pest or any other formofplant or animal life (other than man and other than bacteria, virus, or other microorganismon or in living man or other living animals) ; but not including equipment used for the application of pesticides when sold separately therefrom . (18) Distributor. "Distributor" means any person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not distributors. Chapter 152: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -2-

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(19) Exempt compound. "Exempt Compound" means any carbon-containing compound listed as an exception to the definition ofVOC in Chapter 100ofthe Department's regulations. (20) Existing product. "Existing Product" means any formulation of the same product category and formsold, supplied, manufactured, or offered for sale in Maine prior to May 1, 2005, or any subsequently introduced identical formulation. (21) Flexible flooring material . "Flexible flooring material" means asphalt, cork, linoleum, no-wax, rubber, seamless vinyl and vinyl composite flooring. (22) High volatility organic compound (HVOC) . "High volatility organic compound (HVOC)" means any volatile organic compound that exerts a vapor pressure greater than 80 millimeters ofMercury (mm Hg) when measured at 20°C . (23) Label . "Label" means anywritten, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, molded into, embossedon, or appearing upon any consumer product or consumer product package, for purposes ofbranding, identifying, or giving information with respect to the product or to the contents ofthe package. (24) Liquid. "Liquid" means a substance or mixture ofsubstances which is capable of a visually detectable flowas determined underASTM D4359-90 (2006), incorporated by reference in 9(B) . "Liquid" does not include powders or other materials that are composed entirely ofsolid particles. (25) Lubricant. "Lubricant" means a product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms. "Lubricant" does not include automotive power steering fluids; products for use inside power generating motors, engines, and turbines, and their associated power-transfer gearboxes; two cycle oils or other products designed to be addedto fuels; products for use onthe human body or animals or products that are (1) sold exclusively to establishments which manufacture or construct goods or commodities, and (2) labeled "not for retail sale." (26) LVP content. "LVP Content" means the total weight, in pounds, of LVPcompounds in an ACP product multiplied by 100and divided by the product's total net weight (in pounds, excluding container and packaging), expressed to the nearest 0.1 . (27) LVP-VOC

. "LVP-VOC" means a chemical "compound" or "mixture" that contains at least one carbon atomand meets one of the following: (a) has a vapor pressure less than 0.1 mm Hg at 20°C, as determined by CARB Method 310, incorporated by reference in 9(A)(1) of this regulation; or (b) is a chemical "compound"with more than 12 carbon atoms as verified by formulation data, or a chemical "mixture" comprised solelyof "compounds" with more than 12 carbon atoms, and the vapor pressure and boiling point are unknown; or (c) is a chemical "compound" with a boiling point greater than 216°C, as determined by CARB Method 310, incorporated by reference in 9(A)(1) ofthis regulation; or (d) is the weight percent ofa chemical "mixture" that boils above 216° C, as determined by CARB Method 310, incorporated by reference in 9(A)(1) ofthis regulation. Chapter 152: Control of Emissions ofVolatile Organic Compounds fromConsumer Products 306-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (e) For the purposes ofthe definition of LVP-VOC, chemical "compound" means a molecule ofdefinite chemical formula and isomeric structure, and chemical "mixture" means a substrate comprised of two or more chemical "compounds." (28) Maine sales. "Maine sales" means the sales (net pounds of product, less packaging and container, peryear) in Maine for either the calendar year immediately prior to theyear that the Department requests the information or, if that data is not available, any consecutive 12 month period commencing no earlier than 2years prior to the due date of the reporting. If direct sales data for Maine is not available, sales may be estimated by prorating national or regional sales data by population. (29) Manufacturer. "Manufacturer" means any person who imports, manufactures, assembles, produces, packages, repackages, or relabels a consumer product. (30) Medium

volatility organic compound (MVOC) . "Medium volatility organic compound (MVOC)" means anyvolatile organic compound that exerts a vapor pressure greater than 2 mm

Hgand less than or equal to 80 mm Hg when measured at 20°C . (31) Non-carbon containing compound. "Non-carbon containing compound" means any compound which does not contain any carbon atoms. (32) Nonresilient flooring. "Nonresilient flooring" means flooring of a mineral content which is not flexible. "Nonresilient flooring" includes terrazzo, marble, slate, granite, brick, stone, ceramic tile and concrete. (33) Principal display panel or panels. "Principal display panel or panels" means that part, or those parts of a label that are so designed as tomost likely be displayed, presented, shown or examined under normal and customary conditions ofdisplay or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the "principal display panel" shall pertain to all such"principal display panels." (34) Product brand name. "Product brand name" means the name of the product exactly as it appears on the principal display panel of the product. (35) Product category. "Product category" means the applicable category which best describes the product as listed inthis section and in the Table of Standards in section 3. (36) Product form

. "Product Form," for the purpose of complyingwith Section 7 only, means the applicable form which most accuratelydescribes the product's dispensing formas follows: A = Aerosol Product S=Solid P= Pump Spray L = Liquid SS = Semisolid 0= Other (37) Product line. "Product line" means a group ofproducts of identical form and function belonging to the same product category(ies) . Chapter 152

: ControlofEmissions ofVolatile Organic Compounds fromConsumer Products

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(38) Propellant. "Propellant" means a liquefied or compressed gas that is used in whole or in part, such as a cosolvent, to expel a liquid or any other material fromthe same selfpressurized container or froma separate container. (39) Pump spray. "Pump spray" means a packaging systemin which the product ingredients within the container are not under pressure and inwhich the product is expelled onlywhile a pumping action is applied to a button, trigger or other actuator. (40) Reconcile or reconciliation. "Reconcile or reconciliation" means to provide sufficient VOCemission reductions to completely offset any shortfalls generated under the ACPduring an applicable compliance period. (41) Responsible party. "Responsible party" means thecompany, firmor establishment which is listed on the product's label . If the label lists two companies, firms or establishments, the responsible party is the partywhich the product was "manufactured for" or "distributed by," as noted on the label . (42) Restricted materials. "Restricted materials" means pesticides established as restricted materials under 01-026 CMRChapter 40 . (43) Retailer. "Retailer" means any person who sells, supplies, or offers consumer products for sale directly to consumers. (44) Retail outlet. "Retail outlet" means any establishment at whichconsumer products are sold, supplied, or offered for sale directly to consumers. (45) Semisolid. "Semisolid" means a product that, at room temperature, will not pour, but will spread or deformeasily, including, but not limited to, gels, pastes, and greases. (46) Solid. "Solid" means a substance or mixture ofsubstances which, either whole or subdivided (such as the particles comprising a powder), is not capable ofvisually detectable flowas determined underASTM D4359-90 (2006), incorporated by reference in 9(B) . (47) Usage directions. "Usage directions" means text or graphics on the product's principal display panel, label, or accompanying literature which describes to the end user how and in what quantity the product is to be used. (48) VOC content "VOCContent" means, except for charcoal lighter products, the total weight ofVOCin a product expressed as a percentage ofthe product weight exclusive of the container or packaging), as determined pursuant to Sections 9 (A) and (B) . For charcoal lighter material products only,

VOCContent = (Certifed Emissionsx 100) Certified Use Rate Certified Emissions = the emissions level for products approved by the Department under Section 3(E), as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), incorporated by reference in Section 3(F)(2)(a) ofthis regulation, expressed tothe nearest 0.001 pound CH2 per start. Certified Use Rate = the usage level for products approved by the Department under Section 3(F), as determined pursuant to South Coast Air Quality Management District Rule 1174 Chapter 152: Control of Emissions ofVolatile Organic Compounds from Consumer Products -5-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION Ignition Method Compliance Certification Protocol (Feb. 27, 1991), incorporated by reference in Section 3(F)(2)(a) of this regulation, expressed to the nearest 0.001 pound certified product used per start . (49) Working day. "Workingday" means any day between Monday through Friday, inclusive, except for days that are federal holidays. B . Product Definitions (1)

(3) Adhesive. "Adhesive" means any product that is usedtobond one surface to another by attachment. "Adhesive" does not include products used on humans and animals, adhesive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate. For "ContactAdhesive," adhesive does not include units ofproduct, less packaging, which consist of morethan one gallon. For "Construction, Panel, and Floor Covering Adhesive," and "General Purpose Adhesive" only, "adhesive" also does not include units of product, less packaging, which weigh more thanone pound and consist ofmore than 16fluid ounces. This limitation does not apply to aerosol adhesives. (2) Adhesive remover. "Adhesive remover" means a product designed exclusively for the removal ofadhesives, caulk and other bonding materials fromeither a specific substrateor a variety ofsubstrates. For the purpose of this definition and "Adhesive Remover" subcategories (a-d),the term "adhesive" shall mean a substance used to bond one or more materials. Adhesive includes, but is not limited to: caulks; sealants; glues; or similar substances used for the purposeof forming a bond. (a) Floor and Wall Covering Adhesive Remover means a product designed or labeled to remove floor or wall coverings and associated adhesive fromthe underlying substrate; (b) Gasket orThread Locking Adhesive Remover means a product designed or labeled to remove gaskets or thread locking adhesives. Products labeled for dual use as a paint stripper and gasket remover and/or thread locking adhesive remover are considered "Gasket or Thread Locking Adhesive Remover" (c) General Purpose Adhesive Remover means a product designed or labeled to remove cyanoacrylate adhesives as well as non-reactive adhesives or residue froma variety of substrates. "General Purpose Adhesive Remover" includes, but is not limited to, products that remove thermoplastic adhesives; pressure sensitive adhesives; dextrine or starchbased adhesives; casein glues; rubber or latex-based adhesives; as well as products that remove stickers; decals; stencils; or similar- materials. "General Purpose Adhesive Remover" does not include "Floor orWall Covering Adhesive Remover." (d) Specialty Adhesive Remover means a product designed to remove reactive adhesives fromavariety ofsubstrates. Reactive adhesives Include adhesives that require a hardener or catalyst in order for the bond to occur. Examples ofreactive adhesives include, but are not limited to: epoxies; urethanes; silicones. "Specialty Adhesive Remover" does not include "Gasket orThread LockingAdhesive Remover ." Aerosol adhesive. "Aerosol adhesive " means an aerosol product in whichthe spray mechanism

is permanently housed in a nonrefillable can designed for hand-held application without the need for ancillary hoses or spray equipment. "Aerosol adhesives" include special purpose spray adhesives, mist spray adhesives and web spray adhesives. Chapter 152: Control of Emissions ofVolatile Organic Compounds fromConsumer Products 606-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

(4) Aerosol cooking spray. "Aerosol cooking spray" means any aerosol product designed either to reduce sticking on cooking and baking surfaces or to be applied on food, or both. (5) Aerosol product . "Aerosol product" means a pressurized spray systemthat dispenses product ingredients by means ofa propellant contained in a product or a product's container, or by means of a mechanically induced force. "Aerosol product" does not include "Pump spray." (6) Air freshener . "Air freshener" means any consumer product including, but not limited to, sprays, wicks, powders, and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air. "Air Freshener" does not include products that are used on the human body, products that function primarily as cleaning products as indicated on a product label, or "Toilet/urinal care products," disinfectant products claiming to deodorize by killing germs on surfaces, or institutional/industrial disinfectants when offered for sale solely through institutional and industrial channels of distribution. "Air Freshener" does include spraydisinfectants and other products that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through institutional and industrial channels ofdistribution. To determine whether a product is anair freshener, all verbal and visual representations regarding product use on the label or packagingand inthe product's literature and advertising may be considered. The presence of, and representations about, a product's fragrance and abilityto deodorize (resulting fromsurface application) shall not constitute a claimofair freshening. (7) Antimicrobial hand or body cleaner or soap. "Antimicrobial hand or body cleaner or soap" means a cleaner or soap which is designed to reduce the level of microorganisms on the skinthroughgermicidal activity. "Antimicrobial Hand or Body Cleaner or Soap" includes, but is not limited to: (a) antimicrobial hand or body washes/cleaners, (b) foodhandler hand washes, (c) healthcare personnel handwashes, (d) pre-operative skin preparations, and (e) surgical scrubs. "Antimicrobial hand or body cleaner or soap" does not include prescription drug products, antiperspirants, "astringent/toner," deodorant, "facial cleaner or soap," "general-use hand or body cleaner or soap," "hand dishwashing detergent" (including antimicrobial), "heavy-duty hand cleaner or soap," "medicated astringent/medicated toner," and "rubbing alcohol ." (8) Antiperspirant . "Antiperspirant" means any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to reduce perspiration inthe humanaxilla by at least 20 percent in at least 50percent ofa target population. (9) Anti-static product . "Anti-static product" means a product that is labeled to eliminate, prevent, or inhibit the accumulation ofstatic electricity. "Anti-Static Product" does not include "Electronic Cleaner," "Floor Polish or Wax," "Floor Coating," and products that meet the definition of "Aerosol Coating Product" or "Architectural Coating." (10) Architectural coating. "Architectural coating" means a coating applied to stationary structures and their appurtenances, to mobile homes, topavements, or to curbs. Chapter 152: Control of Emissions of Volatile Organic Compounds fromConsumer Products -7-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (11) Astringent/toner. "Astringent/Toner" means any product not regulatedas a drug bythe United States Food and Drug Administration (FDA) which is applied to the skin for the purpose ofcleaning or tightening pores. This category also includes clarifiers and substrateimpregnated products. This category does not include any hand, face, or body cleaner or soap product, "medicated astringent/medicated toner," cold cream, lotion, or antiperspirant . (12) Automotive brake cleaner. "Automotive brake cleaner" means a cleaning product designed to remove oil, grease, brake fluid, brake pad material or dirt frommotor vehicle brake mechanisms. (13) Automotive hard paste wax. "Automotive hard paste wax" means an automotive wax or polish which is: (a) designed to protect and improve the appearance of automotive paint surfaces; (b) a solid at room

temperature; and (c) contains 0%

water by formulation. (14) Automotive instant detailer. "Automotive instant detailer" means a product designed for use in a pump spray that is applied to the painted surface of automobiles and wiped offprior to the product being allowedto dry. (15) Automotive rubbing or polishing compound. "Automotive Rubbing or Polishing Compound" means a product designed primarily to remove oxidation, old paint, scratches or "swirl marks," and other defects fromthe painted surfaces ofmotor vehicles without leaving a protective barrier. (16) Automotive wax, polish, sealant or glaze. "Automotive Wax, Polish, Sealant or Glaze" means a product designed to seal out moisture, increase gloss, or otherwise enhance a motor vehicle's painted surfaces. "Automotive Wax, Polish, Sealant or Glaze" includes, but is not limited to, products designed for use in autobody repair shops and "drive-through" car washes, as well as products designed for the general public. "Automotive Wax, Polish, Sealant or Glaze" does not include "Automotive Rubbing or Polishing Compounds," automotive wash andwax products, surfactant-containing carwashproducts, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic. (17) Automotivewindshieldwasher fluid. "Automotive windshield washer fluid" means any liquid designed for use in a motorvehicle windshield washer systemeither as an antifreeze or for the purpose ofcleaning, washing, or wettingthe windshield. "Automotive windshield washer fluid" does not include fluids placed by the manufacturer in a new vehicle. (18) Bathroomand tile cleaner. "Bathroomand tile cleaner" means a product designed to clean tile or surfaces in bathrooms. "Bathroomand Tile Cleaner" does not include products designed primarily to cleantoilet bowls, toilet tanks or urinals. (19) Bug and tar remover. "Bug and tar remover" means a product labeled toremove either or both of the following from painted motor vehicle surfaces without causing damage to the finish: (a) biological-type residues such as insect carcasses and tree sap, and (b) road grime such as road tar, roadway paint markings, and asphalt. Chapter 152

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(20) Carburetor or fuel-injection air intake cleaners. "Carburetor or Fuel-Injection Air Intake Cleaners " means a product designed to remove fuel deposits, dirt, or other contaminants froma carburetor, choke, throttle body ofa fuel-injection system, orassociated linkages. "Carburetor or fuel-injection air intake cleaners" does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank prior to introduction into the carburetor orfuel injectors. (21) Carpet and upholstery cleaner. "Carpet and upholstery cleaner " means a cleaning product designed for the purpose ofeliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles and/or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon or other synthetic fabrics. "Carpet and upholstery cleaner" includes, but is not limited to, products that make fabric protectant claims. "Carpet and upholstery cleaner" does not include "general purpose cleaners," "spot removers," vinyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in furniture or carpet manufacturing. (22) Charcoal lighter material . "Charcoal lighter material" means any combustible material designed to be applied on, incorporated in, addedto, or used with charcoal to enhance ignition. "Charcoal lighter material" does not include any ofthe following: electrical starters and probes, metallic cylinders using paper tinder, natural gas, propane, and fat wood. (23) Construction, panel, and floor covering adhesive. "Construction, panel, and floor covering adhesive" means any one-component adhesive that is designedexclusively for the installation, remodeling, maintenance, or repair of: (a) structural and building components that include, but are not limited to, beams, trusses, studs, paneling (drywall or drywall laminates, fiberglass reinforced plastic (FRP), plywood, particle board, insulation board, pre-decorated hardboard or tileboard, etc.), ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or (b) floor or wall coverings that include, but are not limited to, wood or simulated wood covering, carpet, carpet pad or cushion, vinyl-backed carpet, flexible flooring material, nonresilient flooring material, mirror tiles and other types oftiles, andartificial grass. "Construction, panel, and floor covering adhesive" does not include "floor seam sealer." (24) Contact adhesive. "Contact adhesive" means an adhesive that: (a) is designed for application to both surfaces tobe bonded together, (b) is allowed to dry before the two surfaces are placed in contact with each other, (c) forms an immediate bond that is impossible, ordifficult, to reposition after both adhesive-coated surfaces are placed incontact with each other, and (d) does not need sustained pressure or clamping ofsurfaces after the adhesive-coated surfaces have been brought together using sufficient momentary pressure to establish full contact between both surfaces. "ContactAdhesive" does not include rubber cements that are primarily intended for use on paper substrates. "Contact Adhesive" also does not include vulcanizing fluids that are designed and labeled for tire repair only. (25) Contact adhesive-general purpose. "Contact adhesive - general purpose" means any contact adhesive that is not a "contact adhesive - special purpose." Chapter 152: Control of Emissions ofVolatile Organic Compounds from Consumer Products 906-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (26) Contact adhesive-special purpose. "Contact adhesive - special purpose" means a contact adhesive that: (a) is used to bond melamine-covered board, unprimed metal, unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high pressure laminate or wood veneer 1/16 inchor less inthickness to any porous or nonporous surface, and is sold in units of product, less packaging, that contain morethan eight fluid ounces, or (b) is used in automotiveapplications that are (i .) automotive under-the- hood applications requiring heat, oil or gasoline resistance, or (ii .) body-side molding, automotive weatherstrip or decorative trim . (27) Crawling bug insecticide. "Crawling bug insecticide" means any insecticide product that is designed for use against ants, cockroaches, orother household crawling arthropods, including, but not limited to, mites, silverfishor spiders. "Crawling bug insecticide" does not include products designed tobe used exclusively on humans or animals, or any house dust mite product. For the purposes of this definition only: (a) "House dust mite product" means a productwhoselabel, packaging, or accompanying literature states that the product is suitable for use against house dust mites, but does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling arthropods. (b) " House dust mite" means mites which feed primarily on skin cells shed inthe home by humans and pets andwhich belong to the phylum Arthropoda, the subphylum Chelicerata, the class Arachnida, the subclass Acari, the orderAstigmata, and the family Pyroglyphidae. (28) Deodorant. "Deodorant" means: (a) for products manufactured before January 1, 2009 : any product including, but not limited to, aerosols, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth of bacteria which cause the decomposition of perspiration. (b) for products manufactured on or afterJanuary 1, 2009 : any product including, but not limited to, aerosol, roll-ons, sticks, pumps, pads, creams, and squeeze-bottles, that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that the product can be used on or applied to the human axilla to provide a scent and/or minimize odor. A"Deodorant Body Spray" product that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a "Deodorant" (29) Deodorant body spray. "Deodorant Body Spray" means: (a) for products manufactured before January 1, 2009 : a "Personal Fragrance Product" with 20percent or less fragrance. (b) for products manufactured on or after January 1, 2009: a "Personal Fragrance Product" with 20percent or less fragrance, that is designed for application all over the human body to provide a scent. A "Deodorant Body Spray" product that indicates or depicts onthe container or packaging, or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a "Deodorant" (30) Disinfectant . "Disinfectant" means any product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, orviruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and RodenticideAct (FIFRA, 7 U.S.C. 136, et seq.) . "Disinfectant" does not include any of the following: Chapter 152

: Control of Emissions ofVolatile Organic Compounds from Consumer Products -10-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (a) products designed solely for use on human or animals, (b) products designed for agricultural use, (c) products designed solely for use in swimming pools, therapeutic tubs, or hot tubs, (d) products which, as indicated on the principal display panel or label, are designed primarily for use as bathroomand tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes. (31) Double phase aerosol air freshener. "Double phase aerosol air freshener" means an aerosol air freshener with the liquid contents in two or moredistinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion. (32) Dry cleaning fluid. "Dry cleaning fluid" means any non-aqueous liquid product designed and labeled exclusively for use on: (a) fabrics which are labeled "for dry clean only," such as clothing or drapery; or (b) "S-coded" fabrics. "Dry cleaning fluid" includes, but is not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer's residence or work place. "dry cleaning fluid" does not include "spot remover" or "carpet and upholstery cleaner." For the purposes of this definition, Scoded fabric means an upholstery fabric designed tobe cleaned only with water-free spot cleaning products as specified by the Joint Industry Fabric Standards Committee." (33) Dusting aid. "Dusting aid" means a product designed to assist in removing dust and other soils fromfloors and other surfaces without leaving a wax or silicone based coating. "Dusting Aid" does not include "pressurized gas duster." (34) Electrical cleaner. "Electrical cleaner" means a product labeled to remove heavy soils such as grease, grime, or oil fromelectrical equipment, including, but not limited to, electric motors, armatures, relays, electric panels, or generators. Electrical Cleaner does not include "General Purpose Cleaner," "General Purpose Degreaser," "DustingAid," Electronic -Cleaner," "Energized Electrical Cleaner," "Pressurized Gas Duster," "Engine Degreaser," "Anti-Static Product," "or products designed to clean the casings or housings ofelectrical equipment . (35) Electronic cleaner. "Electronic cleaner" means a product labeled for the removal ofdirt, moisture, dust, flux or oxides from the internal components ofelectronic or precision equipment such as circuit boards, and the internal components ofelectronic devices, including but not limited to, radios, compact disc (CD) players, digitalvideo disc (DVD) players, and computers . Electronic Cleaner does not include "General Purpose Cleaner," "General Purpose Degreaser," "Dusting Aid," "Pressurized Gas Duster," "Engine Degreaser," "Electrical Cleaner," "Energized Electrical Cleaner," "Anti-Static Product," or products designed to clean the casings or housings ofelectronic equipment . (36) Energized electrical cleaner. "Energized Electrical Cleaner" means a product that meets both ofthe following criteria: (a) the product is labeled to clean and/or degrease electrical equipment, where cleaning and/or degreasing is accomplished when electrical current exists, or when there is a residual electrical potential froma component, such as a capacitor; (b) the product label clearly displays the statements: "Energized Equipment use only. Not to be used for motorized vehicle maintenance, or their parts ." (c) "Energized Electrical Cleaner" does not include "Electronic Cleaner ." Chapter 152

: Control ofEmissions of Volatile Organic Compounds from Consumer Products -11-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (37) Engine degreaser . "Engine degreaser" means a cleaning product designed to remove grease, grime, oil and other contaminants fromthe external surfaces ofengines and other mechanical parts. (38) Fabric protectant. "Fabric protectant" means a product designed to be applied to fabric substrates to protect the surface fromsoiling fromdirt and other impurities or to reduce absorption of liquid into the fabric's fibers. "Fabric protectant" does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics which are labeled "for dryclean only" and sold in containers of 10fluid ounces or less. (39) Fabric refresher. "Fabric Refresher" means a product labeled to neutralize or eliminate odors on non-laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athletic equipment, clothing and/or on household furniture orobjects upholstered or covered with fabrics such as, but not limited to, wool, cotton, or nylon. "Fabric Refresher" does not include "Anti-static Product," "Carpet and Upholstery Cleaner," soft household surface sanitizers, "Footwear or Leather Care Product," "Spot Remover," or "Disinfectant," or products labeled for application to both fabric and human skin. For the purposes of this definition only, soft household surface sanitizer means a product labeled to neutralize or eliminate odors on surfaces listed above whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA, 7 U.S.C. 136et seq.). (40) Facial cleaner or soap . "Facial cleaner or soap" means a cleaner or soap designed primarilyto cleantheface. "Facial cleaner or soap" includes, but is not limited to, facial cleansing creams, semisolids, liquids, lotions, and substrate-impregnated forms. "Facial cleaner or soap" does not include prescription drug products, "antimicrobial hand or body cleaner or soap," "astringent/toner," "general-use hand or body cleaner or soap," "medicated astringent/medicated toner," or "rubbing alcohol ." (41) FatWood. "Fat Wood" means pieces ofwood kindling with high naturally-occurring levels of sap or resin which enhance ignition ofthe kindling. "Fat wood" does not include any kindling with substances addedto enhance flammability, such as wax-covered orwaximpregnated wood-based products. (42) Flea and tick insecticide. "Flea and tick insecticide" means any insecticide product that is designed for useagainst fleas, ticks, their larvae, or their eggs. "Flea and tick insecticide" does not include products that are designed to be used exclusively on humans or animals and their bedding. (43) Floor coating. "Floor Coating" means an opaque coating that is labeled and designed for applicationto flooring, including but not limited to, decks, porches, steps, and other horizontal surfaces which may be subject to foot traffic. (44) Floor polish or wax. "Floor polish or wax" means a wax, polish, or any other product designed to polish, protect, or enhance floor surfaces by leaving a protective coating that is designed to be periodically replenished. "Floor polish or wax" does not include "spray buff products," products designed solely for the purpose ofcleaning floors, floor finish strippers, Chapter 152

: Control ofEmissions of Volatile Organic Compounds fromConsumer Products -12-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION products designed for unfinished wood floors, and coatings subject to architectural coatings regulations. (45) Floor seam

sealer. "Floor seam

sealer" means any product designed and labeled exclusively for bonding, fusing, or sealing (coating) seams between adjoining rolls of installed flexible sheetflooring. (46) Floor wax stripper. "Floor wax stripper" means a product designed toremove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax. "Floor wax stripper" does not include aerosol floor wax strippers or products designed to remove floor wax solely through abrasion. (47) Flying bug insecticide. "Flying bug insecticide" means any insecticide product that is designed for useagainst flying insects or other flying arthropods, including but not limited to flies, mosquitoes, moths, or gnats. "Flying bug insecticide" does not include "wasp and hornet insecticide," products that are designed to be used exclusively on humans or animals, or any mothproofing product . For the purposes ofthis definition only, "moth-proofing product" means a product whose label, packaging, or accompanying literature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods. (48) "Footwear or Leather Care Product" means any product designed or labeled to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, protect, or modify theappearance, durability, fit, or flexibility of the footwear or leather article/component. Footwear includes both leather and non-leather foot apparel . "Footwear or Leather Care Product" does not include "Fabric Protectant," "General Purpose Adhesive," "Contact Adhesive," "Vinyl/Fabric/Leather/Polycarbonate Coating," "Rubber andVinyl Protectant," "Fabric Refresher," products solely for deodorizing, or sealant products with adhesive properties used to create external protective layers greater than two millimeters thick. (49) Fragrance. "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 of2 mm

of Hg at 20°C, the sole purpose ofwhich is toimpart an odor or scent, or to counteract a malodor. (50) Furniture coating. "Furniture coating" means any paint designed for application to room furnishings including, but not limited to, cabinets (kitchen, bath and vanity), tables, chairs, beds, and sofas. (51) Furniture maintenance product . "Furniture maintenance product" means a wax, polish, conditioner, or any other product designed for the purpose ofpolishing, protecting or enhancing finished wood surfaces other than floors. "Furniture maintenance product" does not include "dusting aids," "wood cleaners" and products designed solely for the purpose of cleaning, and products designed to leave a permanent finish such as stains, sanding sealers and lacquers. (52) Gel . "Gel" means a colloid in which the disperse phase has combinedwith the continuous phase to produce a semisolid material, such asjelly. Chapter 152

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### 06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (53) General purpose adhesive. "General purpose adhesive" means any non-aerosol adhesive designed for use on a variety ofsubstrates. "General purpose adhesive" does not include: (a) contact adhesives, (b) construction, panel, and floor covering adhesives, (c) adhesives designed exclusively for application on one specific category ofsubstrates (i .e., substrates that are composed ofsimilar materials, such as different types ofmetals, paper products, ceramics, plastics, rubbers, orvinyls), or (d) adhesives designed exclusively for use on one specific category ofarticles (i .e., articles that may be composed ofdifferent materials but performa specific function, such as gaskets, automotive trim, weather-stripping, or carpets) . (54) General purpose cleaner. "General purpose cleaner" means a product designed for general all-purpose cleaning, in contrast to cleaning products designed to cleanspecific substrates in certain situations. "General Purpose Cleaner" includes products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces and does not include general purpose degreasers and electronic cleaners. (55) General purpose degreaser. "General purpose degreaser" means any product labeled to remove or dissolve grease, grime, oil and other oil-based contaminants froma variety of substrates, including automotive or miscellaneous metallic parts. "General purpose degreaser" does not include "engine degreaser," "general purpose cleaner," "adhesive remover," "electronic cleaner," "electrical cleaner," "energized electrical cleaner," "metal polish/cleanser," products used exclusively in "solvent cleaning tanks or related equipment," or products that are sold exclusively to establishments which manufacture or construct goods or commodities; and labeled "not for retail sale." "Solvent cleaning tanks or related equipment" includes, but is not limited to, cold cleaners, vapor degreasers, conveyorized degreasers, film

cleaning machines, or products designed to clean miscellaneous metallic parts by immersion ina container. (56) General-use hand or body cleaner or soap. "General-use hand or body cleaner or soap" means a cleaner or soap designed to be used routinely onthe skinto clean or remove typical or common dirt and soils. "General-use hand or body cleaner or soap" includes, but is not limited to, hand or bodywashes, dual-purpose shampoo-body cleaners, shower or bath gels, and moisturizing cleaners or soaps. "General-use hand or bodycleaner or soap" does not include prescription drug products, "antimicrobial hand or body cleaner or soap," "astringent/toner," "facial cleaner orsoap," "hand dishwashing detergent" (including antimicrobial), "heavy-duty hand cleaner or soap," "medicated astringent/medicated toner," or "rubbing alcohol ." (57) Glass cleaner. "Glass cleaner" means a cleaning product designed primarily for cleaning surfaces made ofglass. Glass cleaner does not include products designed solely for the purpose ofcleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying machines. (58) Graffiti remover. "Graffiti Remover" means a product labeled to remove spray paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, fromavariety ofnon-cloth or nonfabric substrates. "Graffiti remover" does not include "paint remover or stripper," "nail polish Chapter 152: Control ofEmissions ofVolatile Organic Compounds fromConsumer Products -14-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION remover," or "spot remover ." Products labeled for dual use as both a paint stripper and graffiti remover are considered "graffiti removers." (59) Hair mousse. "Hair mousse" means a hairstyling foam designed to facilitate styling ofa coiffure and provide limited holding power. (60) Hair shine. "Hair shine" Means any product designed for the primary purpose of creating a shine when applied to the hair. "Hair shine" includes, but is not limited to, dual-use products designed primarily to impart a sheen to the hair. "Hair shine" does not include "hair spray," "hair mousse," "hair styling gel" or spray gel, or products whose primary purpose is to condition or hold the hair. (61) Hair spray. "Hair spray" means: (a) for products manufactured before January 1, 2009: a consumer product designed primarily for the purpose ofdispensing droplets ofa resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain the style for a period of time, and (b) for products manufactured on or after January 1, 2009: a consumer product that is applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, retain and/or (finish) the style of the hair for a period of time. "Hair Spray" includes aerosol hair sprays, pumphair sprays, spray waxes; color, glitter, or sparkle hairsprays that make finishing claims; and products that are both a styling and finishing product. "Hair Spray" does not include spray products that are intended to aid in styling but does not provide finishing ofa hairstyle. For the purposes of this subchapter, "finish" or "finishing" means the maintaining and/or holding ofpreviously styled hair for a period of time. For the purposes of this subchapter, "styling" means the forming, sculpting, or manipulating the hair to temporarily alter thehair's shape. (62) Hair styling product . "Hair Styling Product" means a consumer product manufactured on or after January 1, 2009, that is designed or labeled for theapplicationto wet, damp or dry hair to aid in defining, shaping, lifting, styling and/or sculpting of the hair. "Hair Styling Product" includes, but is not limited to hair balm, clay, cream, creme, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hairstyle, and leave-involumizers, detanglers and/or conditioners that make styling claims. "Hair Styling Product" does not include "Hair Mousse," "Hair Shine," "Hair Spray," or shampoos and/or conditioners that are rinsed from the hair prior to styling. For the purposes of this subchapter, "finish" or "finishing" means the maintaining and/or holding ofpreviously styled hair for a period oftime. For the purposes of this subchapter, "styling" means the forming, sculpting, or manipulating the hair to temporarily alter the hair's shape. (63) Hair styling gel . "Hair styling gel" means a consumer product manufactured before January l, 2009, that is a high viscosity, often gelatinous, product that contains a resinand is designed for the applicationto hair to aid in styling and sculpting ofthe hair coiffure. (64) Heavy-duty hand cleaner or soap. "Heavy-duty hand cleaner or soap" means a product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer's ink, paint, graphite, cement, carbon, asphalt, or adhesives from the hand with or without the use ofwater. "Heavy-duty hand cleaner or soap" does not include prescription drugproducts, "antimicrobial hand or body cleaner or soap," "astringent/toner," "facial Chapter 152: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -15-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION cleaner or soap," "general-use hand or body cleaner or soap," "medicated astringent/medicated toner" or "rubbing alcohol ." (65) Herbicide. "Herbicide" means a pesticide product designed tokill or retard a plant's growth, but excludes products that are: (a) for agricultural use, or (b) restricted materials that require a permit for use and possession. (66) Household product . "Household product" means any consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings. (67) Insecticide. "Insecticide" means a pesticide product that is designed for use against insects or other arthropods, but excluding products that are: (a) for agricultural use, or (b) for a use whichrequires a structural pest control license under 01-026 CMRChapter 10, 31, 32, and 35, or (c) restricted materials that require a permit for use and possession . (68) Insecticide fogger. "Insecticide fogger" means any insecticide product designed to emit all or most of its content, as a fog or mist, into indoor areas during a single application. (69) Institutional Product or Industrial and Institutional (I&I) Product . "Institutional product or industrial and institutional (I&I) product" means a consumer product that is designed for use in the maintenance or operation of an establishment that: (a) manufactures, transports, or sells goods or commodities, or provides services for profit; or (b) is engaged in the nonprofit promotion of a particular public, educational, orcharitable cause. "Establishments" include, but are not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies. "Institutional Product" does not include household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the establishment . (70) Laundry prewash. "Laundry prewash" means a product that is designed for application to a fabric prior to laundering and that supplements and contributes to the effectiveness of laundry detergents and/or provides specialized performance. (71) Laundry starch product. "Laundry starch product" means a product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh lookand may also act to help ease ironing ofthe fabric. "Laundry Starch Product" includes, but is not limited to, fabric finish, sizing, and starch. (72) Lawn and garden insecticide. "Lawn and garden insecticide" means an insecticide product labeled primarily to be used in household lawn and garden areas to protect plants frominsects orother arthropods. Notwithstanding the requirements ofsection 6C aerosol "lawn and garden insecticides" may claimto kill insects or other arthropods. Chapter 152: Control ofEmissions ofVolatile Organic Compounds fromConsumer Products -16-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

(73) Medicated astringent /medicated toner. "Medicated astringent /medicated toner" means any product regulated as a drug bythe FDAwhich is applied tothe skin for the purpose ofcleaning or tightening pores. "Medicated astringent/medicated toner" includes, but is not limited to, clarifiers and substrate-impregnated products. "Medicated astringent/medicated toner" does not include hand, face, or bodycleaner or soap products, "astringent/toner," cold cream, lotion, antiperspirants, or products that must be purchased with a doctor's prescription. (74) Metal polish /cleanser. "Metal polish/cleanser" means any product designed primarily to improve the appearance offinished metal, metallic, or metallized surfaces by physical or chemical action. To "improve the appearance" means to remove or reduce stains, impurities, or oxidation fromsurfaces or to make surfaces smooth and shiny. "Metal polish/cleanser" includes, but is not limited to, metal polishes used on brass, silver, chrome, copper, stainless steel and other ornamental metals. "Metal polish/cleanser" does not include "automotive wax, polish, sealant or glaze," wheel cleaner, "paint remover orstripper," products designed and labeled exclusively for automotive and marine detailing, or products designed for use in degreasingtanks. (75) Mist spray adhesive. "Mist spray adhesive" means any aerosol which is not a special purpose spray adhesive and which delivers a particle or mist spray, resulting inthe formation offine, discrete particles that yield a generally uniformand smooth application of adhesive to the substrate. (76) Multi-purpose dry lubricant . "Multi-purpose dry lubricant" means any lubricant which is: (a) designed and labeled to provide lubricity by depositing a thin filmofgraphite, molybdenum

disulfide ("moly"), or polytetrafluoroethylene or closely related fluoropolymer ("teflon") on surfaces, and (b) designed for general purpose lubrication, or for use in a wide variety ofapplications. (77) Multi-purpose lubricant. "Multi-purpose lubricant" means any lubricant designed for general purpose lubrication, or for use in a wide variety ofapplications . "Multi-purpose lubricant" does not include "multi-purpose dry lubricants," "penetrants," or "silicone-based multi-purpose lubricants." (78) Multi-purpose solvent. "Multi-purpose solvent" means anyorganic liquid designed to be used for a variety ofpurposes, including cleaning or degreasing ofa variety ofsubstrates, or thinning, dispersing or dissolving other organic materials. "Multi-purpose solvent" includes solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories. "Multi-purpose solvent" does not include solvents used incold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that are incorporated into, or used exclusively inthe manufacture or construction of, the goods or commodities at the site ofthe establishment . (79) Nail polish. "Nail polish" means any clear or colored coating designed for application to the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, base coats and top coats. (80) Nail polish remover. "Nail polish remover" means a product designed to remove nail polish and coatings from fingernails or toenails. Chapter 152

: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -17-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (81) Non-aerosol product . "Non-aerosol product" means any consumer product that is not dispensed by a pressurized spray system . (82) Non-selective terrestrial herbicide. "Non-selective terrestrial herbicide" means a terrestrial herbicide product that is toxic to plants without regard to species. (83) Oven cleaner. "Oven cleaner" means any cleaning product designed to cleanand to remove dried food deposits fromoven walls. (84) Paint . "Paint" means any pigmented liquid, liquifiable, or mastic compositiondesigned for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration or identification, or to serve some functional purpose such as the filling or concealing ofsurface irregularities or the modification of light and heat radiation characteristics. (85) Paint remover or stripper. "Paint remover or stripper" means any product designed to strip or remove paints or other related coatings, by chemical action, froma substrate without markedlyaffecting the substrate. "Paint remover or stripper" does not include "multi-purpose solvents," paint brushcleaners, products designed and labeled exclusively as "graffiti removers," and hand cleaner products that claimto remove paints and other related coatings fromskin. (86) Penetrant . "Penetrant" means a lubricant designed and labeled primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes. "Penetrant" does not include "multi-purpose lubricants" that claimto have penetrating qualities, but are not labeled primarily to loosen bonded parts. 

### (87) Personal fragrance product. "Personal fragrance product" means anyproduct which is applied to the humanbody or clothing for the primary purpose ofadding a scent or masking a malodor, including cologne, perfume, aftershave, and toilet water. "Personal Fragrance Product" does not include: (a) Deodorant; (b) medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas ofthe body; (c) mouthwashes, breath fresheners and deodorizers; (d) lotions, moisturizers, powders or other skin care products used primarily to alleviate skin conditions such as dryness and irritations; (e) products designed exclusively for use on humangenitalia; (f) soaps, shampoos, and products primarily used to clean the human body; and (g) fragranceproducts designed to be used exclusively on nonhumananimals. (88) Pesticide. "Pesticide" means and includes any substance or mixture of substances labeled, designed, or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture ofsubstances labeled, designed, or intended for use as a defoliant, desiccant, or plant regulator, provided that the term "pesticide" will not include any substance, mixture ofsubstances, or device which the United States Environmental Protection Agency does not consider to be a pesticide. (89) Pressurized gas duster. "Pressurized gas duster" means a pressurized product labeled to remove dust froma surface solely by means ofmass air or gas flow, including surfaces such Chapter 152

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as photographs, photographic filmnegatives, computer keyboards, and other types ofsurfaces that cannot be cleaned with solvents. "Pressurized Gas Duster" does not include "Dusting Aid." (90) Roll-on product. "Roll-on product" means any antiperspirant or deodorant that dispenses active ingredients by rolling a wetted ball orwetted cylinder onthe affected area. (91) Rubber and vinyl protectant. "Rubber and vinyl protectant" means any product designed to protect, preserve or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products such as vinyl covers, clothing, and accessories. "Rubber and Vinyl Protectant" does not include products primarily designed to clean the wheel rim, such as aluminumor magnesium wheel cleaners, and tire cleaners that do not leavean appearance-enhancing or protective substance on the tire. (92) Rubbing alcohol . "Rubbingalcohol" means any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and labeled for topical use, usually to decrease germs in minor cuts and scrapes, torelieve minor muscle aches, as a rubefacient, and for massage. (93) Sealant and caulking compound. "Sealant and caulking compound" means any product with adhesive properties that is designed to fill, seal, waterproof, orweatherproof gaps orjoints between two surfaces. "Sealant and caulking compound" does not include roof cements and roof sealants ; insulating foams; removable caulking compounds; clear/paintable/water resistant caulking compounds; floor seam sealers; products designed exclusively for automotive uses; or sealers that are applied as continuous coatings. "Sealant and caulking compound" also does not include units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces. For the purposes of this definition only, "removable caulkingcompounds" means a compound which temporarily seals windows or doors for three to six month time intervals, and "clear/paintable/water resistant caulking compounds" means a compound which contains no appreciable level of opaque fillers or pigments; transmits most or all visible light through the caulk when cured; is paintable; and is immediately resistant toprecipitation upon application. (94) Shaving cream . "Shaving cream" means an aerosol productwhich dispenses a foam lather intended to be used with a blade or cartridge razor, or other wet-shaving system, in the removal offacial or other bodily hair. "Shaving Cream" does not include "Shaving Gel ." (95) Shaving gel . "Shaving gel" means an aerosol product which dispenses a post-foaming semisolid designed to be used with a blade, cartridge razor, orother shaving systeminthe removal offacial or other bodily hair. "Shaving Gel" does not include "Shaving Cream ." (96) Silicone-based multi-purpose lubricant . "Silicone-based multi-purpose lubricant" means any lubricant which is: (a) designed and labeled to provide lubricity primarily through the use ofsilicone compounds including, but not limited to, polydimethylsiloxane, and (b) designed and labeled for general purpose lubrication, or for use in a widevariety of applications . "Silicone-based multipurpose lubricant" does not include products designed and labeled exclusively to release manufactured products from molds. Chapter 152

: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -19-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (97) Single phase aerosol air freshener. "Single phase aerosol air freshener" means an aerosol air freshener with the liquid contents in a single homogeneous phase andwhich does not require that the product container be shaken before use. (98) Special purpose spray adhesive. "Special purpose spray adhesive" means an aerosol adhesivethat meets any of the following definitions: (a) Mounting adhesive . Means an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawnor printed media to a backing (paper, board, cloth, etc.) without causing discoloration tothe artwork. (b) Flexible vinyl adhesive . Means anaerosol adhesive designed to bond flexible vinyl to substrates. Flexible vinyl means a nonrigid polyvinyl chloride plastic with at least five percent, by weight, ofplasticizer content. Aplasticizer is a material, such as a high boiling point organic solvent, that is incorporated into a plastic to increase its flexibility, workability, or distensibility, and may be determined using ASTM Method E260-96, Standard Practice for Packed Column Gas Chromatography (reapproved 2001), incorporated by reference herein, or from product formulation data. (c) Polystyrene Foam

Adhesive

. Means an aerosol adhesive designed to bond polystyrene foam to substrates. (d) Automobile HeadlinerAdhesive. Means an aerosol adhesive designed to bond together layers in motor vehicle headliners. (e) PolyolefinAdhesive. Means anaerosol adhesive designed to bond polyolefins to substrates. (f) Laminate Repair/EdgebandingAdhesive. Means anaerosol adhesive designed for: (a) The touch-up or repair ofitems laminated with high pressure laminates (e.g., lifted edges, delaminates, etc.); or for (b) the touch-up, repair, or attachment of edgebandingmaterials, including but not limited to, other laminates, synthetic marble, veneers, wood molding, and decorative metals. For the purposes of this definition "high pressure laminate" means sheet materials which consist of paper, fabric, or othercore material that have been laminated at temperatures exceeding 265 degrees F, and at pressures between 1,000 and 1,400psi . (g) Automotive Engine CompartmentAdhesive. Means an aerosol adhesivedesigned for use in motor vehicle under-the-hood applicationswhich require oil and plasticizer resistance, as well as high shear strength, at temperatures of 200- 275 degrees F. (99) Spot remover. "Spot remover" means any product labeled to clean localized areas, or remove localized spots or stains on clothor fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal . "Spot remover" does not include "dry cleaning fluid," "laundry prewash," or "multi-purpose solvent ." (100) Spray buff product . "Spray buffproduct" means a product designed to restore a worn floorfinish in conjunction with a floor buffing machine and special pad. (101) Stick product . "Stick product" means any antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action onthe affected area. (102) Structural waterproof adhesive. "Structural waterproofadhesive" means an adhesive whose bond lines are resistant to conditions of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM-A-181D(Type 1, Grade A) . This Chapter 152: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -20-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION definition is as per the Federal Consumer Products Regulation 40CFR Part 59, National Volatile Organic Compound Emission Standardsfor Consumer and Commercial Products, Subpart C (63 FR 48831, September 11, 1998), incorporated by reference herein. (103) Terrestrial . "Terrestrial" means to live on or grow fromland. (104) Tire sealant and inflation. "Tire sealant and inflation" means any pressurized product that is designed totemporarily inflate and seal a leakingtire. (105) Toilet/urinal care product. "Toilet/Urinal Care Product" means any product designed or labeled to clean and/or to deodorize toilet bowls, toilet tanks, or urinals. Toilet bowls, toilet tanks, or urinals includes, but is not limited to, toilets or urinals connected to permanent plumbing in buildings and other structures, portabletoilets or urinals placed at temporary or remote locations, and toilet or urinals invehicles such as buses, recreational motor homes, boats, ships, and aircraft. "Toilet/Urinal Care Product" does not include "Bathroomand Tile Cleaner" or "General Purpose Cleaner ." (106) Type A propellant . "Type Apropellant" means a compressed gas such as C02, N2, N20, or compressed air which is used as a propellant, and is either incorporated with the product or contained ina separate chamberwithin the product's packaging. (107) Type B propellant. "Type Bpropellant" means any halocarbon which is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs) . (108) Type Cpropellant. "Type Cpropellant" means any propellant which is not aType Aor Type Bpropellant, including propane, isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide) . (109) Undercoating. "Undercoating" means any aerosol product designed to impart a protective, nonpaint layer to the undercarriage, trunk interior, and/or firewall of motor vehicles to prevent the formation of rust or to deaden sound. "Undercoating" includes, but is not limited to, rubberized, mastic, or asphaltic products. (110) VinyUfabric/leather/polycarbonate coating. "Vinyl/Fabric/Leather/Polycarbonate Coating" means a coating designed and labeled exclusively to coat vinyl, fabric, leather, or polycarbonate substrates. (111) Wasp and hornet insecticide. "Wasp and hornet insecticide" means any insecticide product that is designed for use against wasps, hornets, yellow jackets or bees byallowing the user to spray froma distance a directed streamor burst at the intended insects, or their hiding place. (112) Waterproofer . "Waterproofer" means a product designed and labeled exclusively to repel water fromfabric or leather substrates. "Waterproofer" does not include "Fabric Protectants." (113) Wax. "Wax" means a material or synthetic thermoplastic substance generallyofhigh molecular weight hydrocarbons or high molecular weight esters offatty acids or alcohols, except glycerol and high polymers (plastics) . "Wax" includes, but is not limited to, substances derived fromthe secretions ofplants and animals such as carnauba wax and Chapter 152: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -21 -06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION beeswax, substances of a mineral origin such as ozocerite and paraffin, and synthetic polymers such as polyethylene. (114) Web spray adhesive. "Web spray adhesive" means any aerosol adhesive which is not a mist spray or special purpose sprayadhesive. (115) Wood cleaner. "Wood Cleaner" means a product labeled to clean wooden materials including but not limited to decking, fences, flooring, logs, cabinetry, and furniture. "Wood Cleaner" does not include "Dusting Aid," General Purpose Cleaner," "Furniture Maintenance Product," "Floor Wax Stripper," "Floor Polish or Wax," or products designed and labeled exclusively to preserve or color wood. (116) Wood floor wax. "Wood floorwax" means wax-based products for use solely on wood floors. 3. Standards. A . Except as provided in Sections 4 (Exemptions), 5 (Innovative Products), 8 (Variances), and 11 (Alternative Control Plan) ofthis 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 inthe following Table of Standards which contains volatile organic compounds in excess ofthe limits specified inthe following Table ofStandards: Table of Standards Product Category Effective Date Effective Date May 1, 2005 January 1, 2009 Percent volatile com ounds b wei ght Adhesive Removers: Floor or wall coverings 5 Gasket or thread locking 50 General purpose 20 Specialty 70 Adhesives Aerosol : Mist Spray 65 Web Spray 55 Special Purpose Spray Adhesives: Mounting; Automotive Engine Compartment ; Flexible Vinyl 70 Polystyrene Foam

and Automotive Headliner 65 Polyolefin and Laminate Repair/Edgebanding 60 Contact 80 NA Contact General Purpose 55 Contact Special Purpose 80 Chapter 152

: Control of Emissions ofVolatile Organic Compounds from Consumer Products -22-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION Construction, Panel, Floor Covering 15 General Purpose 10 Structural Waterproof 15 Air fresheners Single-Phase Aerosols 30 Double-Phase Aerosols 25 Liquids/Pump Sprays 18 Solids/gels 3 Antiperspirants Aerosol 40 HVOC 10 MVOC Non-Aerosol 0 HVOC 

### 0 MVOC Automotive Brake Cleaners 45 Anti-static Product, non-aerosol 11 Automotive Rubbing or Polishing Com pound 17 Automotive Wax, Polish, Sealant or Glaze Hard Paste Waxes 45 Instant Detailers 3 All Other Forms 15 Automotive Windshield Washer Fluids 35 Bathroomand Tile Cleaners Aerosols 7 All Other Forms 5 Bu and Tar Remover 40 Carburetor or Fuel-injection Air Intake Cleaners 45 Carpet and Upholstery Cleaners Aerosols 7 Non-Aerosols (Dilutables) 0.1 Non-Aerosols (Ready-to-Use) 3.0 Charcoal Li ghter Material See 3(F Cooking Spray Aerosols 18 Deodorants Aerosol 0 HVOC 10 MVOC Non-Aerosol 0 HVOC 0 MVOC Dusting Aids Aerosols 25 All Other Forms 7 Electrical cleaner 45 Electronic cleaner 75 Engine Degreasers Aerosols 35 Non-Aerosols 5 Fabric Protectants 60 ~ Fabric refresher Chapter 152

: Control of Emissions of Volatile Organic Compounds fromConsumer Products -23-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION Aerosol 15 I Non-aerosol 6 Floor Polishes/Waxes Products for Flexible Flooring Materials 7 Products for Nonresilient Flooring 10 Wood FloorWax 90 FloorWax Strippers Non-Aerosol See 3(H) Footwear or Leather Care Aerosol 75 Solid 55 Other forms 15 Furniture Maintenance Products Aerosols 17 All other Forms Except Solid or Paste 7 General Purpose Cleaners Aerosols 10 Non-Aerosols 4 General Purpose Degreasers Aerosols 50 Non-Aerosols 4 Glass Cleaners Aerosols 12 Non-Aerosols 4 Graffiti Remover Aerosol 50 Non-aerosol 30 Hair Mousses 6 Hair Shines 55 Hairsprays 55 Hair Styling Gels 6 Hair Styling Products Aerosol and pump sprays 6 All otherforms 2 Heavy-Duty Hand Cleaner or Soap 8 Insecticides Crawling Bug (Aerosol) 15 Crawling Bug (all other forms) 20 Flea and Tick 25 Flying Bug (Aerosol) 25 Flying Bug (all other forms) 35 Foggers 45 Lawn and Garden (all other forms) 20 Lawn and Garden (Non-Aerosol) 3 Wasp and Hornet 40 Laundry Prewash Aerosol / Solids 22 All Other Forms 5 Laundry Starch Products 5 Chapter 152

: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -24-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION Metal polishes/ Cleansers 30 Multi-Purpose Lubricant (Excluding Solid or SemiSolid Products) 50 Nail Polish Remover 75 Non-Selective Terrestrial Herbicide Non-Aerosols 3 Oven cleaners Aerosols/ Pump Sprays g Liquids 5 Paint Remover or Stri pp er 50 Penetrants 50 Rubber and Vinyl Protectants Non-Aerosols 3 Aerosols 10 Sealants and Caulking Com pounds 4 Shaving Creams 5 Shaving gel Silicone-Based Multi-Purpose Lubricants (Excluding Solid or Semi-Solid Products) 60 Spot Removers Aerosols 25 Non-Aerosols g Tire Sealants and Inflators 20 Toilet/Urinal Care Aerosol 10 Non-aerosol 3 Undercoatings Aerosols 40 Wood Cleaner Aerosols 17 Non-aerosol 4 B . After May 1, 2005, no person inthe State of Maine shall sell, supply for sale in Maine, offer for sale, or manufactureany 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, ToxicAir Contaminants, amended July 21, 1999, incorporated by reference herein. C . Products that are diluted prior to use. (1) For consumer products forwhich the label, packaging, or accompanying literature specifically states that the product should be diluted with water or non-VOCsolvent prior to use, the limits specified inthe Table of Standards shall apply to the product only after the minimum

recommended dilution has taken place. For purposes ofthis 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-rerriove soils or stains. Chapter 152

: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -25-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (2) For consumer products forwhich the label, packaging, or accompanying literature states that the product should be diluted with anyVOC solvent prior to use, the limits specified inthe Table of Standards shall apply tothe product only after the maximumrecommended dilution has taken place. D . Sell-through of products. (1) Sell-through period. Notwithstanding the provisions ofsection 3(A) or 3(G), a consumer product manufactured prior to each of the effective dates specified for that product inthe Table of Standards may be sold, supplied, or offered for sale after each ofthe specified effective dates. This subsection Ddoes not applyto: (a) any consumer product that does not display onthe product container or package the date on whichthe 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 VOCstandards 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) ofthis 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 bythe CARBunder the Consumer Products provisions underTitle 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 sucha certification onthis 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 30days, in writing, and shall include, at a minimum, the following: (a) the results of testing conducted pursuant to the procedures specified in SouthCoast Air Quality Management District Rule 1174, Control ofVolatile Organic Compound Emissionsfromthe Ignition ofBarbecue Charcoal, adopted October 5, 1990 (SCAQMDRule 1174), incorporated by reference herein. (b) the exact text and/or graphics that will appear onthe charcoal lighter material's principal display panel, label, and any accompanying literature. The provided material shall clearly showthe usage directions for the product . These directions shall accurately reflect the quantity of charcoal lighter material per pound ofcharcoal that Chapter 152: Control ofEmissions ofVolatile Organic CompoundsfromConsumer Products -26-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION was used inthe SCAQMDRule 1174Testing Protocol, incorporated by reference in Section 3(F)(2)(a) ofthis regulation, for that product, unless: (i) the charcoal lighter material is intended to be used in fixed amounts independent ofthe amount ofcharcoal used, such as certain paraffincubes, 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 ofcharcoal lighter material used inthe SCAQMD Rule 1174Testing Protocol, incorporated by reference in Section 3(F)(2)(a) ofthis 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 bythe CARBunder the Consumer Products provisions ofTitle 17, California Code ofRegulations, Division 3, Chapter 1, Subchapter 8.5, Consumer Products, Article 2, Section 94509(h), or froma state with a similar certification procedure, should be noted and a copy ofthe 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 SprayAdhesive" in Section 2(B)(98) of this Chapter, but if the product label indicates that the product is suitable for use onany 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 SprayAdhesive" 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 SprayAdhesive" or "Mist Spray Adhesive" under Section 3(G)(1)(a) ofthis Chapter, then the VOClimit for the product shall be the lowest applicable VOClimit specified in Section 3(A) . (2) Effective May 1, 2005, noperson shall sell, supply, offer for sale, or manufacture for use in Maine any aerosol adhesivewhich contains any of the following compounds: methylene chloride, perchloroethylene, or trichloroethylene. (3) All aerosol adhesives must comply withthe 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 : Chapter 152: Control ofEmissions ofVolatile Organic Compounds fromConsumer Products -27-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (1) The label of each non-aerosol floorwax stripper must specify a dilution ratio for light or medium build-up of polish that results in an as-usedVOCconcentration of 3 percent by weight or less. (2) Ifa non-aerosol floor wax stripper is also intendedto be used for removal ofheavy 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 VOCconcentration of 12 percent by weight or less. (3) Theterms "light build-up," "mediumbuild-up," or "heavy build-up" are not specifically required, as long as comparable terminology is used. 1. Products containing ozone-depleting compounds. For any consumer product for which standards are specified under Section 3(A), no person inthe State of Maine shall sell, supply for sale in Maine, offer for sale, or manufacture any consumer product onor 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-l-fluoroethane), HCFC-142b (1-chloro-1,1-difluoroethane), 1,1,1-trichloroethane, or carbon tetrachloride. J. The requirements ofSection 3(H) shall not apply to anyexisting product formulation that complies with theTable of Standards or any existing product formulation that is reformulated to meet the Table ofStandards, provided the ozone depleting compound content of the reformulated product does not increase. K . The requirements ofSection 3(H) shall not apply to anyozone 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 ContactAdhesives, Electronic Cleaners, Footwear or Leather Care Products, and General Purpose Degreasers. (1) Except as provided belowin 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 anyof 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, Chapter 152

: Control ofEmissions ofVolatile Organic Compounds fromConsumer Products -28-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION



### (3) may be sold, supplied, or offered for sale until January 1, 2012, so long as the product container or package displays the date on which the productwas manufactured, or a code indicating such date, in accordance with section 6(a) . Notification for products soldduring the sell-through period. Any person who sells or supplies a consumer product identified above in section 3(1)(1) must notify the purchaser of the product inwriting that the sell-through period for that productwill end on January 1, 2012, ifboth ofthe 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 ofsection 3(L)(1) and (L)(3) shall not apply to any Contact Adhesive, Electronic Cleaner, Footwear or Leather Care Product, or General Purpose Degreasercontaining 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.

(3) (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 ofthe 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 sale until January 1, 2012, so long as the product container or package displays the date onwhich the product was manufactured, or a code indicating such date, in accordance with section 6(A) . 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 ofsection 3(M)(1) and (M)(3) shall not apply to anyAdhesive 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 % byweight. N . Requirements for Solid Air Fresheners andToilet/Urinal Care Products . (1) Effective January 1, 2009, noperson shall sell, supply, offer for sale, or manufacture for use in Maine any Solid Air Fresheners orToilet/Urinal Care Products that contain paradichlorobenzene, except that Solid Air Fresheners and Toilet/Urinal Care Products that Chapter 152

: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -29-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION contain para-dichlorobenzene and were manufactured before January 1, 2009 may be sold, supplied, or offered for sale until January 1, 2010, so long as the product container or package displays the date onwhich the product was manufactured, or a code indicating such date, in accordance with section 6(A) . (2) Notification for products soldduring the sell-through period. Any person who sells or supplies any Solid Air Freshener or Toilet/Urinal Care Product that contains paradichlorobenzene must notify the purchaser of the product in writing that the sell-through period for the product will end on January 1, 2010, ifboth ofthe 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. 4. Exemptions. A . The provisions of this regulation shall not apply to a distributor who sells, supplies, or offers for sale in Maine a consumer product that does not comply withtheVOC standards specified in Section 3(A), as long as the consumer product is not distributed by any person to retail outlets in Maine. B . The medium

volatility organic compound (MVOC) content standards specified in Section 3(A) for antiperspirants or deodorants, shall not apply to ethanol . C . The VOClimits specified in Section 3(A) shall not applyto fragrances up to a combined level of 2 percent by weight contained inany consumer product and shall not applyto colorants up to a combined level of 2percent by weight contained in anyantiperspirant or deodorant . D . The requirements of Section 3(A) for antiperspirants or deodorants shall not apply to those volatile organic compounds that contain more than 10carbonatoms per molecule and for which the vapor pressure is unknown, or that have a vapor pressure of 2 nun Hg or less at 20°C . E. The VOClimits specified in Section 3(A) shall not apply to any LVP-VOC . F. The requirements of Section 6(A) shall not apply to consumer products registered under the Federal Insecticide, Fungicide, and Rodenticide Act, (FIFRA ; 7 U.S.C. Section 136/136y) . G . TheVOClimits specified in Section 3(A) shall not apply to airfresheners that are comprised entirely offragrance, less compounds not defined as VOCs in Chapter 100 ofthe Department's regulations. H . TheVOClimits specified in Section 3(A) shall not apply to:` (1) insecticides containing at least 98%paradichlorobenzene. (2) Until January 1, 2009, theVOClimits specified in Section 3(a) shall not apply to solid air fresheners containing at least 98% para-dichlorobenzene. On or after January 1, 2009, the provisions ofsection 3(N) apply to solid air fresheners containing para-dichlorobenzene. Chapter 152

: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -30-

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I . J.

5. A .

B . DEPARTMENT OF ENVIRONMENTAL PROTECTION TheVOC limits specified in Section 3(A) shall not applyto adhesives sold incontainers of one (1) fluid ounce or less. The VOClimits specified in Section 3(A) shall not apply to bait station insecticides. For the purpose of this section, bait station insecticides are containers enclosing an insecticidal bait that is not morethan 0.5 ounce by weight, where the bait is designed to be ingested by insects and is composed ofsolid material feeding stimulants with less than 5 percent (%) active ingredients. Innovative Products. Any manufacturer of a consumer product which has beengranted an Innovative Product Exemption bythe CARBunder the Innovative Products provisions in Title 17 California Code of Regulations, Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section 94503.5, or fromanother state with a similar exemption procedure, due to some characteristic of the product formulation, design, delivery systems or other factors that result in less VOC emissions than the standard established in Section 3(A) of this Chapter shall be, for that product, exempt from

thetable ofstandards in Section 3(A) for the period oftime that the exemption remains in effect. An Innovative Products Exemption is only effective in Maine if EPA has approved the exemption in Maine's State Implementation Plan. Any manufacturer that has been granted an innovative products exemption pursuant to 5(A) must submit to the Department a copy of the exemption decision, including all conditions applicable to the exemption. NOTE: Manufacturers who submit information to the Department under this Chapter should mark those documents as "claimed confidential" ifthey believe the documents should be exempt fromdisclosure under Maine's FreedomofAccess Law, 1 MR .S .A . § 401 et seq. Such documents will be handled in accordancewith Departmental policies governing records that may contain confidential information, SOP Number OC PE 0006, and applicable law . 6. Administrative Requirements. A . Product Dating. (1) Each manufacturer ofa consumer product subject to Section 3 of this regulation shall clearly display on eachconsumer product container or package the day, month, andyear on which the product was manufactured, or a code indicating such date. (2) Amanufacturer who uses the following code to indicate the date ofmanufacture shall not be subject to the requirements ofsection 6(B)(1), if the code is represented separately from other codes on the product container so that it is easily recognizable: YY DDD= year year day day day Where: "YY" = two digits representing the year in whichthe product was manufactured, and "DDD" = three digits representingthe day of the year onwhichthe productwas Chapter 152: Control ofEmissions ofVolatile Organic Compounds fromConsumer Products -31-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION manufactured, with "001" representingthe first day ofthe year, "002" representingthe second day of the year, and so forth (i .e. the "Julian date") (3) This dateor code information shall be displayed on each consumer product container or package no later thantwelve months prior to the effective date of the applicable standard specified in Section 3(A) . (4) The date or date-code information shall be located on the container or inside the cover/cap so that it is readily observable or obtainable (by simply removing the cap/cover) without irreversibly disassembling any part of the container or packaging. For the purposes of this subsection, information may be displayed on the bottomofa container as long as it is clearly legible without removing any product packaging. (5)

B . The requirements of this subsection shall not apply to products containing no VOCs (as defined in Chapter 100 ofthe Department's regulations), or containingVOCs at 0.10% byweight or less. Additional Product Dating Requirements (1) Ifa manufacturer uses a code indicating the date of manufacture for any consumer product subject to Section 3, an explanation ofthe date portion of the code must be filed with the Department no later than May 1, 2005 for products with an effective dateof May 1, 2005, or January 1, 2008 for products with an effective date ofJanuary 1, 2009." (2) Ifa manufacturer changes any code indicating the date of manufacture for any consumer product subject to Section 6(B)(1), an explanation ofthe modified code must be submitted to the Department before any products displaying the modified code are sold, supplied, or offered for sale in Maine. (3) No person shall erase, alter, deface, or otherwise remove or makeillegible any date or code indicating the date of manufacture fromany regulated product container without the express authorization of the manufacturer. (4) Date code explanations for codes indicating the date of manufacture are public information and may not be claimed as confidential . NOTE: Manufacturers who submit information to the Department under this Chapter should mark those documents as "claimed confidential" ifthey believe the documents should be exempt fromdisclosure under Maine's FreedomofAccess 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 OCPE 0006, and applicable law . C . Most Restrictive Limit. (1) Products Manufactured BeforeJanuary 1, 2009, and FIFRA-registered Insecticides Manufactured BeforeJanuary 1, 2010. Notwithstanding the definition of "product category" in Section 2(A)(35) ofthis Chapter, if anywhere on the principal display panel of any consumer product manufactured beforeJanuary 1, 2009, or any FIFRA registered insecticide Chapter 152

: Control ofEmissions ofVolatile Organic Compounds fromConsumer Products -32-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION manufactured before January 1, 2010 any representation is made that the product may be used as, or is suitable for use as a consumer product forwhich a lower VOClimit is specified in Section 3(A), then the lowest VOClimit shall apply. This requirement does not apply to general purpose cleaners, antiperspirant/deodorant products and insecticide foggers. (2) Products Manufactured on or After January 1, 2009, and FIFRA-registered Insecticides Manufactured on or AfterJanuary l, 2010 . Notwithstanding the definition of"product category" in Section 2(A)(35), if anywhere on the container or packaging of any consumer product manufactured on or afterJanuary 1, 2009, or any FIFRA-registered insecticide manufactured on or after January 1, 2010, or on any sticker or label affixed thereto, any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lowerVOClimit is specified in Section 3(A), thenthe lowest VOClimit shall apply. This requirement does not apply to general purpose cleaners, antiperspirant/deodorant products and insecticide foggers. D . Additional Labeling Requirements for Aerosol Adhesives. Adhesive Removers, Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner, and Contact Adhesives. (1) In addition to the requirements specified in Sections 6(A), 6(C) and 7, 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 regulation 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 in Section 3 of this regulation. (a) The product category as specified in section 3(A) or an abbreviation ofthe category shall be displayed; (b) (i) The applicableVOCstandard for the product that is specified in Section 3(A), except for Energized Electrical Cleaner, expressed as a percentage by weight, shall be displayed unless the product is included in an alternative control plan approved by the Department, as provided in Section 11, and the product exceeds theapplicable VOCcontent limit; (ii) If the product is included in an alternative control planapproved by the Department, and the product exceeds the applicable VOC standard specified in Section 3(A), the product shall be labeled with the term"ACP" or "ACP product" ; (c) If the product is classified as a special purpose spray adhesive, the applicable substrate and /or application or an abbreviation of the substrate/application that qualifies the product as special purpose shall be displayed; (d) If the manufacturer or responsible party uses an abbreviation as allowed bythis Subsection 6(D), an explanation ofthe abbreviation must be filed with the Department before the abbreviation is used. (2) The information required in Section 6(A)(1) shall be displayed onthe product container such that it is readily observable without removing or disassembling any portion ofthe product container or packaging. For the purposes of this subsection, information may be displayed on Chapter 152

: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -33-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION the bottomofa container as long as it is clearly legible without removing any product packaging. (3) No person shall remove, alter, conceal, or deface the information required in Section 6(D)(1) prior to final sale of the product. 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 providethe 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)

(5)

(7) the company name ofthe 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 whichthe consumer product belongs; (4) the applicable product form(s) listed separately; an identification of each product brand name and form as a "Household Product" "Industrial and Institutional (I&I) 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 ; 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 thetotal 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 offragrance that are LVP-VOCs; Chapter 152: Controlof Emissions ofVolatile Organic Compounds fromConsumer Products -34-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (ii) the percent offragrancethat 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, ofthe following: 

### (a) each exempt compound; and (b) each LVP-VOCthat is not a fragrance (10) ifapplicable, theweight percent comprised ofpropellant for each product; (11) ifapplicable, an identification of the type ofpropellant (Type A, Type B, Type C, or a blend ofthe different types) . B . In addition to the requirements of Section 7(A)(10), the Department may require the responsible partytoreport or arrange to have reported to the Department the net percent byweight of each ozone-depleting compoundwhich is: (1) listed in Section 3(H) ; and (2) contained ina product subject to regulation under Section 3 of this Chapter inany amount greater than0.1 percent by weight. C . Special Reporting Requirements for Consumer Products that Contain Perchloroethylene or Methylene Chloride. (1) The requirements ofthis 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 ofthe container or packaging) ofeither 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 90days 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 formlisted in (c), the total sales in Maine during the calendaryear, to the nearest pound (exclusive ofthe container or packaging), and the method used for calculating the Maine sales; Chapter 152

: Control of Emissions ofVolatile Organic Compounds from Consumer Products -35-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (e) the weight percent, to the nearest 0.10 percent, ofperchloroethylene and methylene chloride inthe consumer product; (3) Ifthe responsible party does not have or does not provide the information requested bythe Department under this section, the Department may require the reporting of this information by the personthat 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 fromdisclosure under Maine's FreedomofAccess 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 OCPE 0006, and applicable law . 8. Variances. Any personwho has been granted a variance by the CARBunder the provisions in Title 17 California Code of Regulations Subchapter 8.5, Article 4, Sections 94540-94555, or another state with a similar variance procedure shall be, for the products included in the variance, exempt fromthe table ofstandards in Section 3(A) for the period of time that thevariance remains in effect. Any person claiming a variance on this basis must submit to the Department a copy of thevariance decision, including all conditions applicable to the variance. Avariance is onlyeffective in Maine if EPA has approved the exemption in Maine's State Implementation Plan. NOTE: Manufacturers who submit information to the Department under this Chapter should markthose documents as "claimed confidential" ifthey believe the documents should be exempt fromdisclosure under Maine's FreedomofAccess Law, 1 M .R.S.A. § 401 et seq. Such documents will be handled in accordance with Departmental policies governing records that maycontain confidential information, SOP Number OCPE 0006, and applicable law . 9 . Test Methods. A . Testing to determine compliance withthe requirements of this Chapter shall be performed by one of the following: (1)

(3) Using CARB Method 310, "Determination ofVolatile Organic Compounds (VOC) in Consumer Products and Reactive Organic Compounds inAerosol 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 theconcentration ofVOCs in a subject product or its emissions may be used upon approval of the Department and EPA. Calculation of the VOC content from records of the amounts ofconstituents usedto make the product under the following criteria: Chapter 152

: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -36-

### 06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (a) Compliance determinations based onthese records may not be used unless the manufacturer of a consumer product keeps accurate records for each day ofproduction of the amount and chemical composition of the individual product constituents. These records must be kept for at least threeyears and made available to the Department and EPAon 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 fromdisclosure under Maine's FreedomofAccess 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 OCPE 0006, and applicable law . (b) For the purposes of this section, the VOCcontent (expressed as a percentage) shall be calculated according to the following equation: VOCContent = (B--C x 100

A where, A = total net weight of unit (excluding container and packaging) B = total weight ofall VOCs, as defined inChapter 100ofthe Department's regulations, per unit C= total weight ofVOCs exempted under Section 4, per unit

B. 

### C .

D . E. (c) If product records appear to demonstrate compliance with the VOClimits, but these

records are contradicted by product testing performed using CARB Method 310, incorporated by reference in Section 9(A)(1) ofthis regulation, the results of CARB Method 310shall take precedence over the product records and may be usedto establish a violation of the requirements ofthis regulation. Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90 (2006) Standard Test Methodfor Determining Whether a Material is a Liquid or a Solid, ASTM

International, which is incorporated by reference herein. Compliance determinations for charcoal lighter material products. Testingto determine compliance withthe certification requirements for charcoal lighter material shall be performed usingthe procedures specified in the SCAQMDRule 1174Testing Protocol, incorporated by reference in Section 3(F)(2)(a) of this regulation. Testing to determine distillation points ofpetroleumdistillate-based charcoal lighter materials shall be performed using ASTM D86-05, Standard Test Methodfor Distillation ofPetroleum Products atAtmospheric Pressure (2005), ASTM International, incorporated by reference herein. No person shall create, alter, falsify, or otherwise modify records in such a waythat 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. Chapter 152

: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -37-06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION (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(~a,astm

.org. (3) SCAQMDmethods can be purchased fromSouth Coast Air Quality Management District, 21865 East Copley Drive, Diamond Bar, California 91765-0934. Telephone (909) 396-2162. www .aqmd.gov. 10 . Severability. Each part of this regulationshall be deemed severable, and inthe event that any part of this regulation is held to be invalid, the remainder of this regulation shall continue in full force and effect. 11 . Alternative Control Plan (ACP) for Consumer Products. The purpose ofthis section is to provide an alternative method to comply with theTable of Standards specified in Section 3(A) . This alternative is provided by allowing responsible ACPparties the optionofvoluntarily entering into separate "alternative control plans" for consumer products, as specified in Sections 1 through 11 ofthis regulation. Only responsible ACPparties for consumer products may enter into anACP. A. Any manufacturer of consumer products which has been granted anACPAgreement by the CARBunder the provisions in ofTitle 17, California Code of Regulations Subchapter 8.5, Article 4, Sections 94540-94555, or another state with a similar ACPAgreement procedure shall be, for the products included in the ACPAgreement, exempt fromthe table ofstandards in Section 3(A) for the period oftime that the ACP Agreement remains in effect. Any manufacturer claiming such anACPAgreement on this basis must submit tothe Department a copy ofthe ACP decision, including all conditions applicable to the exemption. An ACPAgreement shall be effective in Maine only if EPA has approved the agreement in Maine's State Implementation Plan. B . Aresponsible ACP party may transfer an ACPto another responsible ACPparty, provided that all of the following conditions are met : (1) The Department shall be notified, in writing, by both responsible ACPparties participating in the transfer ofthe ACPand its associated ACPagreement . The written notifications shall be postmarked at least five (5)working days prior to the effective date of the transfer and shall be signed and submitted separately by both responsible parties . The written notifications shall clearly identify the contact persons, business names, mail and street addresses and phone numbers ofthe responsible parties involved in the transfer. (2) The responsible ACPparty to which the ACPis being transferred shall provide a written declaration stating that the transferee shall fully comply with all requirements ofthe ACP Agreement approving the ACP and this regulation . 12. Compliance Schedule. Unless otherwise noted, any person subject to the requirements of this Chapter shall be in compliance with all of the applicable provisions of this Chapter upon the effective date ofthe regulation. Chapter 152: Control ofEmissions ofVolatile Organic Compounds from Consumer Products -38-

### 06-096 DEPARTMENT OF ENVIRONMENTAL PROTECTION

13. Department Address. Use the following address to send all correspondence to the Department, including information pertaining to Innovative Products exemptions, Variances, Alternative Control Plans, charcoal lighter product data, testing and certification, date-code explanations and any information the Department requests pursuant to Section 7 ofthis regulation.

Maine Department of Environmental Protection, Bureau ofAir Quality 17 State House Station Augusta, ME 04333 AUTHORITY: 38 M .R.S .A ., Section 585-A EFFECTIVE DATE: September 1, 2004 Amended: December 15, 2007

BASIS STATEMENT This rule reduces volatile organic compound (VOC) emissions from consumer products by setting VOC content limits on 80different types of consumer products. VOCs react with nitrogen oxides in the presence ofsunlight to formozone, which is responsible for exacerbatinga variety of respiratory ailments and may result in permanent lung damage. Consumer products account for approximately 12 tons of VOC emissions per day in Maine. In addition to the Basis Statement above, the Department has filed with the Secretary ofState response to representative comments received during the comment period. BASIS STATEMENT FOR2007 AMENDMENTS These amendments add approximately 18 categories of regulated consumer products and place limits on certain toxic compounds insome consumer product categories. The amendments also modify the datecoding requirements to make themless onerous for manufacturers. The Board ofEnvironmental Protection adopted these amendments on November 1, 2007. In addition to the Basis Statement above, the Department has filed with the Secretary ofState response to representative comments received during the comment period.

Chapter 152: Control of Emissions ofVolatile Organic Compounds fromConsumer Products -39-