JOHN ELIAS BALDACCI

GOVERNOR 

### MEMORANDUM TO : Board ofEnvironmental Protection FROM : Andrea Lani, Bureau of Air Quality 

### DATE: October 17, 2007 RE : Adoption of Proposed Amendments to Chapter 152, Control of Volatile Organic

Compounds from

Consumer Products Regulation ~***~*******~~~~****************************~r ~** *********~**~**~******~**>F Statutory and Rep_ulatory Reference: A . Statutory authority. DAVID P . LITTELL COMMISSIONER

38 MRSA Section 585-A provides that the Board of Environmental Protection "may establish and amend regulations to implement ambient air quality standards and emission standards. These regulations shall be designed to achieve and maintain ambient air quality standards and emission standards within any region and prevent airpollution." B . Specific legal mandates requiring adoption. None. Location/Applicability : 

### The proposed regulation will apply statewide. Description: On August 2, 2007, the Board of Environmental Protection held a public hearing on the Department's proposed amendments to Chapter 152 Control ofVolatile Organic Compounds from Consumer Products regulation The proposed amendments to Chapter 152 establishes emissions limits forvolatile organic compound (VOC) content of consumer products, and is based on a model rule developed by the Ozone Transport Commission (OTC) . The proposed amendments set VOClimits for approximately 18 additional categories of consumer products . In addition, the proposed amendments place limits on certain toxics and streamlines datecoding and reporting requirements. Consumer products include products sold to retail customers along with products marketed by wholesale AUGUSTAdistributors for use in commercial or institutional settings such as beauty shops, schools and hospitals. t'7 QTATC L7117i- -s--T STATE OF MAINE DEPARTMENT OF ENVIRONMENTAL PROTECTION

BANGOR PORTLAND PRESQUEISLE AUGUSTA, MAINE 04333 "0017 106 HOGAN ROAD 312 CANCO ROAD 1235 CENTRAL DRIVE, SKYWAY PARK (207) 287" 7688 FAX: (207) 287" 7826 BANGOR, MAINE 04401 PORTLAND, MAINE 04103 PRESQUE ISLE, MAINE 04769 " 2094 RAY BLDG., HOSPITAL ST. (207) 941-4570 FAX: (207) 941 " 4584 (207) 822" 6300 FAX: (207) 822-6303 (207) 764-0477 FAX: (207) 760-3143 web site : www

.maine .gov/dep printed on recycled paperExamples of the types ofproducts affected include personal care products, household products,

automotive aftermarket products, adhesives and sealants, insecticides, and other miscellaneous products. VOC emissions fromthese products result fromevaporation ofpropellant andorganic solvents during use. Manufacturers producing consumer products will be responsible for developing and distributing compliant products for sale at the retail andwholesale levels. In addition, persons who sell, supply or offer for sale consumer products would also be held accountable . Consumerswill not be affected by this rulemaking in that they should not notice any changes in product performance or quality, and cost increases per consumer for these products will be negligible. During the public comment period, the Department received comments fromthe U .S. Environmental Protection Agency (EPA), the Consumer Specialty Products Association, and the Cosmetic, Toiletry, and Fragrance Association. The commenters suggested that the Department refrain from implementing these amendments at this time, but rather wait for EPAto issue a revised Federal Consumer Products Rule. Beyond this comment, therewere also suggestions pertaining to product safety in regard to the flammability ofelectrical cleaners as well as some noting oftechnical errors or omissions . The commenters emphasized the need consistency of regulations across the OTCregion, which the Department has attempted to maintain. Environmental Issues: The proposed rule is designed to reduce VOCemissions fromconsumer products. VOCs react with nitrogen oxides in the presence of sunlight to form ground level ozone, which is responsible for exacerbating a variety ofrespiratory ailments, such as asthma. Although children, the elderly and those with respiratory problems are most at risk, even healthy individuals mayexperience increased respiratory ailments and other symptoms when they are exposed to ambient ozonewhile engaged in activity that involves physical exertion. Though these symptoms areoften temporary, repeated exposure could result in permanent lung damage. Consumer products are responsible for approximately eleven tons of VOC emissions per day in Maine . The proposed rule will reduce VOC emissions by approximately 0 .2 tons per day. The California Air Resources Board, on whose rules the OTC model rule was based, estimated the cost effectiveness of these additional VOC limits at $4000 per ton of VOCreduced, and further estimated the cost to the manufacturer to be approximately $0.16 per unit. Departmental Recommendation: The Department recommends that the Board adopt the proposed regulation as submitted. EstimatedTime of Presentation: 15 minutes.