reglab/statecodes huggingface dataset:
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in this rule, have the following
				  meanings:
A.
Advanced technology
				product.
"Advanced technology product" means a product of extraordinary
				function or design intended for use in unique or customized industrial or
				military applications and not intended for general distribution.
B.
Button battery.
"Button
				battery" means a battery resembling a button or coin in size and
				shape.
C.
Capture rate.
"Capture rate" means the number of units of a mercury-added product that
				are properly collected at end of life as compared to the total number of
				product units estimated to be available for collection.
D.
Commissioner.
"Commissioner"
				means the Commissioner of Environmental Protection.
E.
Department.
"Department" or
				"DEP" means Department of Environmental Protection.
F.
IMERC.
"IMERC" means the
				"Interstate Mercury Education and Reduction Clearinghouse" as established under
				the auspices of the Northeast Waste Management Officials Association to serve
				as a single point of contact for manufacturers seeking to comply withstate laws
				regulating the sale, distribution and disposal of mercury-added
				products.
G.
Mercury
				relay.
"Mercury relay" means a device containing mercury added during
				its manufacture that opens or closes electrical contacts to effect the
				operation of other devices in the same or another electrical circuit. "Mercury
				relay" includes mercury displacement relays, mercury wetted reed relays and
				mercury contact relays.
H.
Mercury switch.
"Mercury switch" means a device containing mercury added
				during its manufacture that opens or closes an electrical circuit or gas valve.
				"Mercury switch" includes mercury float switches actuated by rising or falling
				liquid levels, mercury tilt switches actuated by a change in the switch
				position, mercury pressure switches actuated by a change in pressure, mercury
				temperature switches actuated by a change in temperature and mercury flame
				sensors. "Mercury switch" does not include switches used in mercury-added
				thermostats as defined under 38 MRSA §1661-C, sub-§5.
I.
MRSA.
"MRSA" means the Maine
				Revised Statutes Annotated.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-2 - Prohibitions

Current through 2024-29, July 17, 2024
A.
Instruments and measuring devices.
Effective July 1, 2006, a person may not sell, offer to sell or
				distribute the following mercury added instruments and devices:
(1) A barometer;
(2) An esophageal dilator, bougie tube or
				gastrointestinal tube;
(3) A flow
				meter;
(4) A hydrometer;
(5) A hygrometer or psychrometer;
(6) A manometer;
(7) A pyrometer;
(8) A sphygmomanometer; or
(9) A thermometer.
This prohibition does not apply if the only mercury-added
				  component in the instrument or device is a button battery or a lamp, if the use
				  of mercury is required by federal law or if the use of mercury is specified in
				  a contract issued by a federal agency.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-3 - Petitions for exemption

Current through 2024-29, July 17, 2024
The manufacturer, importer, distributor or user of a mercury
				  switch, relay, instrument or device subject to the sales prohibitions under
				  section
				  2 may apply for an exemption from the
				  prohibition for one or more specific uses of the product by filing a written
				  application with the department or IMERC.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-4 - Criteria for exemption; burden of proof

Current through 2024-29, July 17, 2024
The commissioner may grant an exemption, with or without
				  conditions, upon finding that:
A.
Technical infeasibility.
Technically feasible nonmercury
				alternatives to the mercury-added product are not available;
B.
Cost.
Nonmercury alternatives
				are available but are too costly compared to the cost of the mercury-added
				product;
C.
Environmental
				benefit.
Use of the mercury-added product provides a net benefit to the
				environment, public health or public safety when compared to available
				nonmercury alternatives; or
D.
Advanced technology use.
Use of the mercury-added product is
				required to meet specifications identified by the customer or end user of an
				advanced technology product as defined under subsection 1(A) of this rule.
The burden of proof rests with the applicant. This means that
				  the applicant must affirmatively demonstrate, to the satisfaction of the
				  commissioner, that one of the above criteria for exemption is
				  met.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-5 - Scope of review; submissions

Current through 2024-29, July 17, 2024
This section describes the scope of the commissioner's review
				  in determining whether an applicant has met one of the criteria for exemption
				  under section
				  4. This section also lists, for each
				  exemption criterion, the submissions required of applicants seeking an
				  exemption on the basis of that criterion.
A.
Technical infeasibility
(1) Scope of review.In determining if an
				exemption should be granted on the basis that technically feasible nonmercury
				alternatives to a mercury-added product are not available, the commissioner
				shall consider all relevant evidence to that effect, such as:
(a) The extent to which nonmercury
				alternatives are offered for sale in the U.S. marketplace; and
(b) The extent to which nonmercury
				alternatives are used in the particular application or applications for which
				exemption is requested.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-6 - Collection of exempted products

Current through 2024-29, July 17, 2024
Except in the case of an advanced technology product, the
				  commissioner may not grant an exemption unless the applicant also demonstrates
				  that a system exists for the proper collection, transportation and processing
				  of the mercury-added product at the end of its life, i.e., when the user is
				  done with it. This section describes the scope of the commissioner's review in
				  determining whether an applicant has satisfied this additional prerequisite for
				  exemption and lists the submissions required of applicants.
A.
Scope of review.
In
				determining whether a system exists for the proper collection, transportation
				and processing of the device at the end of its life, the commissioner shall
				consider:
(1) The convenience of the system
				to users of the device;
(2) The
				manner in which the system is financed;
(3) The effectiveness of the system in
				capturing the targeted devices; and
(4) Any other information bearing on the
				steps that have been or will be taken to ensure that the mercury in the device
				is properly handled when the device is taken out service.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-7 - Submission of application; forms

Current through 2024-29, July 17, 2024
An application for exemption must be submitted on forms
				  provided by the department or IMERC. If the department form is used, it must be
				  completed and mailed to the Mercury Products Program, DEP-BRWM, 17 SHS, Augusta
				  ME 04333. If the IMERC form is used, it must be completed and mailed to IMERC
				  c/o NEWMOA, 129 Portland St, Suite 602, Boston MA 02114-2014. IMERC staff will
				  mail a copy of the application to the department.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-8 - Completeness of application

Current through 2024-29, July 17, 2024
Within 15 days after receipt of an application for exemption,
				  department staff shall determine whether the application is complete for
				  processing. If the application is determined to be incomplete, staff shall
				  notify the applicant in writing, either directly or through IMERC, and specify
				  the information that needs to be supplied. In reviewing applications determined
				  to be complete, department staff may require additional information from the
				  applicant on any aspect of the exemption request.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-9 - Application fee

Current through 2024-29, July 17, 2024
The commissioner shall assess a fee of $500, for deposit in
				  the Maine Environmental Protection Fund, to cover costs incurred by the
				  department in reviewing exemption applications. The commissioner shall bill the
				  applicant for the fee upon determining that the application is complete for
				  processing. Department staff may suspend further review of the application
				  until the fee is remitted.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-10 - Public notice

Current through 2024-29, July 17, 2024
Upon determining that an application for exemption is
				  complete, department staff shall arrange for notice of the application to be
				  published in the
Kennebec Journal
newspaper and shall mail
				  notice to any trade group, professional association, interest group or other
				  person who either has notified the department of their interest in mercury
				  issues or, in the opinion of the department, is likely to be interested in the
				  exemption request. The notice must include the following information:
A. The name of the applicant;
B. The citation to the applicable statute and
				rules;
C. A description of the
				product and uses for which the exemption is requested;
D. A statement that the application is
				available for inspection at the department's Augusta office during normal
				business hours and the location of the office;
E. A statement that written comment on the
				application may be provided to the department and the deadline for receipt of
				written comments; and
F. The
				department contact person, phone number, email address and mailing address.
The deadline for receipt of written comments on the
				  application may be no sooner than 30 days after the date notice is published
				  pursuant to this section.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-11 - Consultation with other states

Current through 2024-29, July 17, 2024
To promote consistency in how mercury-added products are
				  regulated, department staff may consult with other U.S. states that regulate
				  mercury switches, relays, instruments or measuring devices before rendering a
				  decision on an exemption application under this rule. An applicant for
				  exemption shall provide the department with a copy of all written responses to
				  similar exemption applications, if any, submitted by the applicant to another
				  state.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-12 - Draft decision

Current through 2024-29, July 17, 2024
The commissioner shall issue a draft decision granting or
				  denying the exemption within 180 days after receiving the exemption application
				  andall information requested by the department to determine if the exemption
				  criteria are met. The draft decision must be mailed to: the applicant; to any
				  person who submitted written comments on the application prior to the comment
				  deadline set by the department; to any person who made a written request to
				  receive the draft; and to the appropriate person in other states that regulate
				  the sale of the product for which exemption is requested. The mailing of the
				  draft decision must include notice of the date on which the commissioner is
				  expected to issue a final decision on the exemption request and must provide a
				  reasonable opportunity for submitting written comments on the draft
				  decision.
If, in reviewing an application determined to be complete,
				  the department requires additional information from the applicant and the
				  applicant fails to respond within 120 days after the request is mailed by the
				  department, such inaction constitutes grounds on which the commissioner may
				  issue a draft decision denying the application.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-13 - Final decision; appeal

Current through 2024-29, July 17, 2024
As expeditiously as possible following the receipt and
				  consideration of any written comments on a draft decision, the commissioner
				  shall:
A. Grant the exemption request,
				with or without conditions, and set forth written findings with sufficient
				explanation to make interested persons aware of the basis for the
				commissioner's determination that the applicant has met one of the criteria for
				exemption and, if applicable, that a system exists for the proper collection,
				transportation and processing of the mercury-added product at the end of its
				life; or
B. Deny the exemption
				request and set forth written findings that explain the basis for denial.
The decision may be appealed to the Board of Environmental
				  Protection as provided under Chapter 2 of the department rules. See
Rules Concerning the Processing of Applications and Other
				  Administrative Matters,
06-096 CMR, chapter 2. The department shall
				  mail a copy of the commissioner's final decision to the applicant and to any
				  person who commented in writing on the draft decision. The applicant's copy
				  must be sent by certified mail, return receipt requested. Each copy of the
				  decision must be accompanied by a plain statement of the manner in which the
				  decision may be appealed.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-14 - Conditional exemptions

Current through 2024-29, July 17, 2024
The commissioner may grant an exemption request subject to
				  conditions, including but not limited to conditions that:
A.Limit the scope of the exemption to
				particular product uses;
B. Require
				the person receiving the exemption to maintain records and provide reports on
				mercury usage;
C. Require the
				person receiving the exemption to take steps to inform users of the exempted
				product about the system for collecting the product at its end of life, and to
				provide the department with an annual estimate of the capture rate for the
				exempted product; and
D. Limit the
				term of the exemption.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 872 - EXEMPTIONS FROM THE BAN ON SALE OF MERCURY-ADDED SWITCHES, RELAYS AND MEASURING DEVICES › Section 096-872-15 - Exemption term; renewal

Current through 2024-29, July 17, 2024
The commissioner may not grant an exemption for a term
				  exceeding 5 years but may renew an exemption for one or more additional terms
				  of 5 years or less upon re-application in accordance with this rule. In seeking
				  renewal, the burden is on the applicant to demonstrate that the product
				  continues to qualify for exemption under the criteria of this rule and that all
				  conditions of the original exemption approval have been met.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 880 - REGULATION OF CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-880-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in this rule, have the following
				  meanings:
A.
Alternative.
"Alternative" means a substitute process, product,
				material, chemical, strategy or combination of these that serves a functionally
				equivalent purpose to a chemical in a children's product.
B.
Board.
"Board" means the
				Board of Environmental Protection.
C.
CFR.
"CFR" means the Code of
				Federal Regulations.
D.
Chemical.
"Chemical" means a substance with a distinct molecular
				composition or a group of structurally related substances and includes the
				breakdown products of the substance or substances that form through
				decomposition, degradation or metabolism.
E.
Chemical of concern.
"Chemical of concern" means a chemical identified by the department pursuant to
				38 MRSA §1693.
F.
Chemical of high concern.
"Chemical of high concern" means a chemical on
				the list of chemicals published by the department as required under 38 MRSA
				§1693-A.
G.
Children's
				product.
"Children's product" means a consumer product intended for,
				made for or marketed for use by children under 12 years of age, such as baby
				products, toys, car seats, personal care products and clothing, and any
				consumer product containing a chemical of high concern that when used or
				disposed of will likely result in a child under 12 years of age or a fetus
				being exposed to that chemical.
H.
CMR.
"CMR" means the Code of Maine Rules.
I.
Commissioner.
"Commissioner"
				means the Commissioner of the Department of Environmental Protection.
J.
Consumer product.
"Consumer
				product" means any item sold for residential or commercial use, including any
				component parts and packaging, that is sold for:
(1) An indoor use in a residence, child care
				facility or school; or
(2) An
				outdoor residential use if a child under 12 years of age may have direct
				contact with the item.
"Consumer product" does not include a food or beverage or an
				  additive to a food or beverage, a tobacco product or paper or forest products
				  or a pesticide regulated by the United States Environmental Protection Agency.
				  "Consumer product" also does not include a drug or biologic regulated by the
				  United States Department of Health and Human Services, Food and Drug
				  Administration or the packaging of a drug or biologic regulated by the Food and
				  Drug Administration if the packaging is regulated by the Food and Drug
				  Administration. "Consumer product" also does not include an item sold for
				  outdoor residential use that consists of a composite material made from
				  polyester resins.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 880 - REGULATION OF CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-880-2 - List of chemicals of concern

Current through 2024-29, July 17, 2024
A.
Revision.
The department may periodically review and revise the list of
				chemicals of concern and may add chemicals if, in the judgment of the Maine
				CDC, the chemical has been identified by an authoritative governmental entity
				on the basis of credible scientific evidence as being:
(1) A carcinogen, a reproductive or
				developmental toxicant or an endocrine disruptor;
(2) Persistent, bioaccumulative and toxic;
				or
(3) Very persistent and very
				bioaccumulative.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 880 - REGULATION OF CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-880-3 - Identification of chemicals of high concern

Current through 2024-29, July 17, 2024
This section requiresthe department to develop, in
				  consultation with the Maine CDC, and publish a list of no more than 70
				  chemicals of high concern. A chemical may be listed as a chemical of high
				  concern if:
A. The chemical is on the
				list of chemicals of concern published pursuant to 38 MRSA §1693 (see
				section 2 of this chapter);
B. The
				department, in concurrence with the Maine CDC, determines that there is strong
				credible scientific evidence that the chemical is a reproductive or
				developmental toxicant, endocrine disruptor or human carcinogen; and
C. There is strong credible scientific
				evidence that the chemical meets one or more of the following criteria:
(1) The chemical has been found through
				biomonitoring studies to be present in human blood, human breast milk, human
				urine or other bodily tissues or fluids;
(2) The chemical has been found through
				sampling and analysis to be present in household dust, indoor air or drinking
				water, or elsewhere in the home environment; or
(3) The chemical has been added to or is
				present in a consumer product used or present in the home.
The commissioner shall review the list at least every 3 years
				  and remove any chemical that no longer meets the criteria for listing under
				  this section or that has been designated as a priority chemical pursuant to
				  section 4 of this chapter. The commissioner may identify additional chemicals
				  of high concern according to the criteria and requirements of this section. The
				  list may not consist of more than 70 or fewer than 10 chemicals, unless fewer
				  than 10 meet the criteria for listing under this subsection.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 880 - REGULATION OF CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-880-4 - Designation of priority chemicals

Current through 2024-29, July 17, 2024
A.
Purpose of designation.
This section authorizes the commissioner
				to designate one or more chemicals of high concern as a priority chemical. The
				designation of a priority chemical serves one or more of the following
				purposes:
(1) To facilitate the gathering of
				information on the use of the chemical in children's products and the extent to
				which children may be exposed to the chemical as a result of that
				usage;
(2) To facilitate the
				gathering of information on the safety and availability of alternatives to use
				of the chemical in children's products; and
(3) To facilitate the consideration of a ban
				on the sale of children's products to which the priority chemical has been
				intentionally added when safer alternatives are available.
The designation of a priority chemical does not constitute a
				  determination that the designated chemical poses a greater risk to children
				  than other chemicals on the list of chemicals of high concern. The commissioner
				  may designate any chemical on the list of chemicals of high concern as a
				  priority if at least one of the criteria under paragraph B(2) is met.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 880 - REGULATION OF CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-880-5 - Disclosure of information on priority chemicals

Current through 2024-29, July 17, 2024
The manufacturer or distributor of a children's product for
				  sale in the State that contains a priority chemical in an amount greater than
				  the de minimis level shall submit the information specified in the rule
				  designating the priority chemical and any additional information requested by
				  the commissioner pursuant to subsection D below. The information must be
				  submitted to the department by the deadline specified in the rule. Submissions
				  may be made by regular or electronic mail. The requirements of this section do
				  not apply to a priority chemical that occurs in a product component only as a
				  contaminant if the manufacturer had in place a manufacturing control program
				  and exercised due diligence to minimize the presence of the contaminant in the
				  component, as outlined in
				   38 MRSA
				  §1697(11).
A.
Information on chemical use.
The information to be disclosed shall include the following information on
				chemical use unless waived by the department in the rule designating the
				priority chemical:
(1) A description of the
				children's product or products containing the priority chemical;
(2) The number of product units sold or
				distributed for sale in the State or nationally during the most recent full
				year (fiscal or calendar year is dependent on filer accounting system) prior to
				the specified reporting date of the chemical reporting requirement;
(3) The amount of the priority chemical in
				each unit of the children's product; and
(4) The function of the chemical in the
				children's product.
The department may waive submission of all or part of the
				  information required under paragraphs (1) through (4) if it determines that
				  substantially equivalent information already is publicly available, the
				  specified use is minor in volume or the information otherwise is not
				  needed.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 880 - REGULATION OF CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-880-6 - Authority to ban the sale of products containing a priority chemical

Current through 2024-29, July 17, 2024
A.
Prerequisites for a ban.
The
				board may adopt rules prohibiting the manufacture, sale or distribution of one
				or more children's products containing a priority chemical in an amount greater
				than the de minimis level if the board finds that:
(1) Distribution of the children's product
				directly or indirectly exposes children and vulnerable populations to the
				priority chemical; and
(2) One or
				more safer alternatives to the priority chemical are available at a comparable
				cost.
Analternative is"available at comparable cost" if it is
				  offered for sale in the U.S. at a price that is affordable as demonstrated by
				  the number of product units sold. In the case of an alternative that is
				  technically feasible but not yet offered for sale in the U.S., "available at
				  comparable cost" means capable of being produced and sold at a price that is
				  not likely to be a barrier to purchase by users of the product. If several
				  available and safer alternatives are identified, the rule may prohibit the sale
				  of children's products that do not contain the safer alternative that is least
				  toxic to human health or least harmful to the environment.
Rules adopted pursuant this section are major substantive
				  rules as defined in 5 MRSA §8071(2)(B) and therefore may be finally
				  adopted by the board only after approval by the Legislature as provided under 5
				  MRSA §8072. The final rule must specify the effective date of the sales
				  prohibition, which may not be sooner than 12 months after notice of the
				  proposed rule has been published by the Secretary of State as provided under 5
				  MRSA §8053(5).
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 881 - FEES: CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-881-1 - Definitions

Current through 2024-29, July 17, 2024
The following terms, as used in this rule, have the following
				  meanings:
A.
Board.
"Board" means the Board of Environmental Protection.
B.
Children's product.
"Children's product" means a consumer product intended for use by
				children, such as baby products, toys, car seats, personal care products and
				clothing, and any consumer product containing a chemical of high concern that
				when used or disposed of will likely result in a child's or a fetus's being
				exposed to that chemical.
C.
CMR.
"CMR' means the Code of Maine Rules.
D.
Consumer product.
"Consumer
				product" means any item sold for residential or commercial use, including any
				component parts and packaging. "Consumer product" does not include a food or
				beverage or an additive to a food or beverage, a tobacco product or paper or
				forest products or a pesticide regulated by the federal Environmental
				Protection Agency. "Consumer product" also does not include a drug or biologic
				regulated by the federal Food and Drug Administration or the packaging of a
				drug or biologic regulated by the federal Food and Drug Administration if the
				packaging is regulated by the federal Food and Drug Administration.
E.
Department.
"Department"
				means the Department of Environmental Protection, which includes both the Board
				and the Commissioner.
F.
Distributor.
"Distributor" means a person who sells consumer products to
				retail establishments on a wholesale basis.
G.
Manufacturer.
"Manufacturer"
				means any person who manufactured a final consumer product or whose brand name
				is affixed to the consumer product. In the case of a consumer product that was
				imported into the United States, "manufacturer" includes the importer or first
				domestic distributor of the consumer product if the person who manufactured or
				assembled the consumer product or whose brand name is affixed to the consumer
				product does not have a presence in the United States.
H.
MRSA.
"MRSA" means the Maine
				Revised Statutes Annotated.
I.
Priority chemical.
"Priority chemical" means a chemical identified
				as such by the board under chapter 880, section 2, of department rules, 06-096
				CMR 880.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 881 - FEES: CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-881-2 - Applicability

Current through 2024-29, July 17, 2024
The requirements of this chapter apply to manufacturers and
				  distributors of children's products that contain a priority
				  chemical.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 881 - FEES: CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-881-3 - Reporting fee

Current through 2024-29, July 17, 2024
A manufacturer or distributor required under 06-096 CMR 880
				  to provide information on its use of a priority chemical shall, within 30 days
				  of receipt of an invoice from the department, pay a fee to cover the
				  administrative costs incurred by the department to collect and manage the
				  information. The department shall set the total amount of the fees to recover
				  costs incurred by the department to collect, evaluate for completeness and
				  sufficiency and otherwise manage the information. The total fees as determined
				  by the department will be divided equally among the entities that submitted
				  information.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 881 - FEES: CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-881-4 - Fee for alternatives assessment

Current through 2024-29, July 17, 2024
If a manufacturer or distributor fails to submit an
				  acceptable alternatives assessment as defined in chapter 880, section
				  3(B)(3), of
				  department rules [06-096 CMR 880] by the deadline specified by the board or
				  commissioner, the commissioner may assess a fee on the manufacturer or
				  distributor to cover the costs incurred to hire a contractor of the
				  department's choice to prepare an independent report on the availability of
				  safer alternatives. The manufacturer or distributor shall pay the fee within 30
				  days of receipt of the invoice from the department.
The total fees assessed for failure to submit an acceptable
				  alternatives assessment will be calculated to recover the contracting and other
				  costs incurred by the department to arrange for preparation of an independent
				  report on the availability of safer alternatives. The total fees will be
				  divided equitably among manufacturers and distributers of children's product
				  that contain the priority chemical. Manufacturers and distributors who have
				  submitted an acceptable alternatives assessment are exempt from the
				  fee.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 881 - FEES: CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-881-5 - Remittance; deposit

Current through 2024-29, July 17, 2024
Fees assessed under this chapter must be paid by check
				  payable to "Treasurer, State of Maine." The department shall deposit the check
				  in the Maine Environmental Protection Fund as established under
				   38 MRSA
				  §351.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 881 - FEES: CHEMICAL USE IN CHILDREN'S PRODUCTS › Section 096-881-6 - Appeal

Current through 2024-29, July 17, 2024
Any person wishing to contest the amount of a fee imposed
				  under this section must pay the fee by the due date specified in the department
				  invoice and file a petition in writing with the commissioner requesting a
				  refund. The petition must state the name of the petitioner; the date and the
				  amount paid; the amount of the fee that is contested; and any reasons why the
				  commissioner may not impose the fee. The commissioner may grant or deny the
				  petition. If denied in whole or part, the commissioner shall provide the
				  petitioner with a written decision explaining the basis for denial. The
				  decision may be appealed to the board as provided in the department
Rules Concerning the Processing of Applications and Other
				  Administrative Matters
, 06-096 CMR 2 (effective April1,2003).
NOTE:
The Legislature authorized final adoption
				  of this chapter until February 1, 2013. See Resolves 2009, chapter 194, section
				  1. Section
				  2 of the Resolve requires the
				  department toexamine the first 2 years of experience regarding any fees
				  assessed under this chapter and to report its findings to the joint standing
				  committee of the Legislature having jurisdiction over natural resources matters
				  no later than February 1, 2013. The report must identify the reporting fees and
				  alternatives assessment fees actually assessed, the actual costs to the
				  department and the priority chemicals that were the basis for the fees. The
				  report must also include a description of the process used by the department to
				  contract for preparation of independent reports on the availability of safer
				  alternatives. Following its review of the report, the committee may submit a
				  bill to the First Regular Session of the 126th Legislature regarding fees
				  related to chemical use in children's products.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 882 - DESIGNATION of Bisphenol A AS A PRIORITY CHEMICAL AND REGULATION OF BISPHENOL A in Children's Products › Section 096-882-1 - Applicability

Current through 2024-29, July 17, 2024
A.This chapter applies to manufacturers of
				children's products containing intentionally-added bisphenol A that are
				manufactured, sold, offered for sale or distributed for sale in
				Maine.
B.
Exemptions
1
Used products.
This chapter
				does not apply to the chemical in used products.
2
Food and beverage packaging.
A
				container or packaging for a food or beverage product is exempt from the
				requirements of this chapter, unless that product is intentionally marketed or
				intended for the use of children under three years of age.
3
Transportation.
The
				requirements of this chapter do not apply to motor vehicles as defined in Title
				29-A, section 101, subsection 42 or watercraft as defined in Title 12, section
				13001, subsection 28 or their component parts, except that the use of bisphenol
				A in detachable car seats is not exempt.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 882 - DESIGNATION of Bisphenol A AS A PRIORITY CHEMICAL AND REGULATION OF BISPHENOL A in Children's Products › Section 096-882-3 - Designation of bisphenol A as a priority chemical

Current through 2024-29, July 17, 2024
A.
Presence on chemicals of high
				concern list.
Bisphenol A is present on the list of chemicals of high
				concern published by the department under 38 M.R.S.A. §1693.
NOTE: To view the full list, go to:
www.maine.gov/dep/oc/safechem/highconcern/
B.
Criteria for
				designation.
The following criteria for designation of bisphenol A as a
				priority chemical, as set forth under 38 M.R.S.A. §1694, have been met as
				documented in the basis statement accompanying this chapter:
1 Bisphenol A has been found through
				biomonitoring to be present in human blood, including umbilical cord blood,
				breast milk, urine or other bodily tissues or fluids;
2 Bisphenol A has been found through sampling
				and analysis to be present in household dust, indoor air, drinking water or
				elsewhere in the home environment;
3 Bisphenol A has been found through
				monitoring to be present in fish, wildlife or the natural
				environment;
4 Bisphenol A is
				present in a consumer product used or present in the home;
5 Bisphenol A has been identified as a high
				production volume chemical by the federal Environmental Protection Agency;
				and
6 The sale or use of bisphenol
				A or a product containing bisphenol A has been banned in another state within
				the United States.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 882 - DESIGNATION of Bisphenol A AS A PRIORITY CHEMICAL AND REGULATION OF BISPHENOL A in Children's Products › Section 096-882-4 - Information submission required

Current through 2024-29, July 17, 2024
A.
Infant
				formula and baby food
1 No later than
				180 days after the effective date of this chapter, the manufacturer of infant
				formula or baby food that is sold in a plastic container, jar or can that
				contains intentionally-added bisphenol A, shall report to the department the
				following information:
a The name and address
				of the manufacturer and the name, address, and phone number of a contact person
				for the manufacturer;
b A
				description of the product or products containing bisphenol A;
c The number of product units sold or
				distributed in Maine or nationally;
d The amount of bisphenol A in each unit of
				the product;
e The function of
				bisphenol A in the product; and
f
				Other information the manufacturer deems relevant to the reporting of the
				chemical.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 882 - DESIGNATION of Bisphenol A AS A PRIORITY CHEMICAL AND REGULATION OF BISPHENOL A in Children's Products › Section 096-882-5 - Sales prohibition of children's products containing bisphenol A

Current through 2024-29, July 17, 2024
A.
Sales prohibition.
Except as
				provided in section 1(B) of this chapter, no person shall sell, offer for sale
				or distribute for sale in Maine any:
1
				reusable food or beverage container containing intentionally-added bisphenol A
				after January 1, 2012;
2 infant
				formula packaging containing intentionally-added bisphenol A in an amount
				greater than the de minimis level after March 1, 2014; and
3 baby food packaging containing
				intentionally-added bisphenol A in an amount greater than the de minimis level
				after March 1, 2014.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 882 - DESIGNATION of Bisphenol A AS A PRIORITY CHEMICAL AND REGULATION OF BISPHENOL A in Children's Products › Section 096-882-6 - Department Address

Current through 2024-29, July 17, 2024
Information submissions may be made by regular or electronic
				  mail. The department may provide electronic or paper reporting forms. Use the
				  following address to send all correspondence to the department:
Maine Department of Environmental Protection
Bureau of Remediation and Waste Management, Safer Chemicals
				  Program
17 State House Station
Augusta, ME 04333
NOTE: Electronic reporting forms and/or email addresses for
				  reporting will be provided at:
www.maine.gov/dep/oc/safechem/index.htm
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 883 - DESIGNATION OF THE CHEMICAL CLASS NONYLPHENOL AND NONYLPHENOL ETHOXYLATES AS A PRIORITY CHEMICAL › Section 096-883-1 - Applicability

Current through 2024-29, July 17, 2024
This chapter applies to manufacturers of children's products
				  containing intentionally-added nonylphenol or nonylphenol ethoxylates that are
				  manufactured, sold, offered for sale or distributed for sale in
				  Maine.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 883 - DESIGNATION OF THE CHEMICAL CLASS NONYLPHENOL AND NONYLPHENOL ETHOXYLATES AS A PRIORITY CHEMICAL › Section 096-883-2 - Definitions

Current through 2024-29, July 17, 2024
For terms not defined in this rule, the definitions found in
				  06-096 CMR Chapter 880,
Regulation of Chemical Use in Children's
				  Products
, section
				  1, apply. The following terms, as used
				  in this rule, have the following meanings:
A.
Cosmetics and personal care
				products.
"Cosmetics and personal care products" means articles intended
				to be rubbed, poured, sprinkled, or sprayed on, or otherwise applied to the
				human body or any part thereof for cleansing, beautifying, promoting
				attractiveness, or altering the appearance, and articles intended for use as a
				component of any such articles.
B.
Household and commercial cleaning products.
"Household and
				commercial cleaning products" means soaps, detergents and other chemically
				formulated consumer products designed for fabric care, dish and other ware
				washing and/or surface cleaning in residential, institutional or commercial
				establishments.
C.
Exposure
				or exposed.
"Exposure or exposed" in reference to a priority chemical
				means that a person is subjected in the course of daily life to a priority
				chemical from a product that enters the body in any quantity from any route of
				entry, including inhalation, ingestion, skin contact or absorption.
D.
Home maintenance products.
"Home maintenance products" means products used for the repair or maintenance
				of the inside or outside of a home, including, but not limited to, adhesives,
				caulking, grouts, fillers, sealants, paints and other surface
				finishes.
E.
Nonylphenol (NP)
				and nonylphenol ethoxylates (NPE).
"Nonylphenol (NP) and nonylphenol
				ethoxylates (NPE)" means nonionic surfactants in the alkylphenol and
				alkylphenol ethoxylate group of chemical compounds. Nonylphenol has a chemical
				formula of C15-H24-O and may be linear (Phenol, nonyl- ), with a Chemical
				Abstract Service Registry Number (CAS RN) of 25154-52-3, or branched (phenol,
				4-nonyl-, branched), with a CAS RN of 84852-15-3. The formula for chemicals in
				the nonylphenol ethoxylate group is (C2-H4-O)mult-C15-H24-O, and
				commercially-relevant CAS RNs include, but are not limited to: 9016-45-9,
				26027-38-3, 37205-87-1, 68412-54-4, and 127087-87-0.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 883 - DESIGNATION OF THE CHEMICAL CLASS NONYLPHENOL AND NONYLPHENOL ETHOXYLATES AS A PRIORITY CHEMICAL › Section 096-883-3 - Designation of the chemical class nonylphenol and nonylphenol ethoxylates as a priority chemical

Current through 2024-29, July 17, 2024
A.
Presence
				on chemicals of high concern list.
The chemical class nonylphenol and
				nonylphenol ethoxylates is on the list of chemicals of high concern published
				by the department under 38MRSA §1693.
NOTE: To view the full list, go to:
www.maine.gov/dep/oc/safechem/highconcern/
B.
Criteria for designation.
The following criteria for designation of the chemical class nonylphenol
				and nonylphenol ethoxylates as a priority chemical, as set forth under 38 MRSA
				§1694, have been met as documented in the basis statement accompanying
				this chapter:
(1) Chemicals from the class or
				their metabolites have been found through biomonitoring to be present in human
				blood, including umbilical cord blood, breast milk, urine or other bodily
				tissues or fluids;
(2) Chemicals
				from the class or their breakdown products have been found through sampling and
				analysis to be present in household dust, indoor air, drinking water or
				elsewhere in the home environment;
(3) Chemicals from the class or their
				breakdown products have been found through monitoring to be present in fish,
				wildlife and the natural environment;
(4) Chemicals from the class are present in a
				consumer product used and present in the home; and
(5) Nonylphenol and nonylphenol ethoxylates
				have been identified as a high production volume chemical by the federal
				Environmental Protection Agency.
Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 883 - DESIGNATION OF THE CHEMICAL CLASS NONYLPHENOL AND NONYLPHENOL ETHOXYLATES AS A PRIORITY CHEMICAL › Section 096-883-4 - Information submission required

Current through 2024-29, July 17, 2024
A.
Product
				categories.
Manufacturers of the following products that contain
				intentionally-added nonylphenol or nonylphenol ethoxylates must submit
				information to the department pursuant to section 4(B) of this chapter:
(1) Household and commercial cleaning
				products,
(2) Cosmetics and
				personal care products, and
(3)
				Home maintenance products sold, marketed to or intended for use by
				consumers.