JOHN ELIAS BALDACCI 

GOVERNOR 

MEMORANDUM 

TO: Board of Environmental 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 

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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 air pollution." 

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 of Volatile Organic Compounds from Consumer Products 

regulation 

The proposed amendments to Chapter 152 establishes emissions limits for volatile 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 VOC limits 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 

AUGUSTA distributors 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 paper 
Examples of the types of products affected include personal care products, household products, 

automotive aftermarket products, adhesives and sealants, insecticides, and other miscellaneous products. 

VOC emissions from these products result from evaporation of propellant and organic solvents during 

use. 

Manufacturers producing consumer products will be responsible for developing and distributing 

compliant products for sale at the retail and wholesale levels . In addition, persons who sell, supply or 

offer for sale consumer products would also be held accountable. Consumers will 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 from the 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 EPA to issue a revised Federal Consumer Products Rule. 

Beyond this comment, there were also suggestions pertaining to product safety in regard to the 

flammability of electrical cleaners as well as some noting of technical errors or omissions . The 

commenters emphasized the need consistency of regulations across the OTC region, which the 

Department has attempted to maintain. 

Environmental Issues: 

The proposed rule is designed to reduce VOC emissions from consumer products. VOCs react with 

nitrogen oxides in the presence of sunlight to form ground level ozone, which is responsible for 

exacerbating a variety of respiratory ailments, such as asthma . Although children, the elderly and those 

with respiratory problems are most at risk, even healthy individuals may experience increased respiratory 

ailments and other symptoms when they are exposed to ambient ozone while engaged in activity that 

involves physical exertion. Though these symptoms are often 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 VOC reduced, 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. 

Estimated Time of Presentation: 

15 minutes.