Code of Maine Rules › 06 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 096 - DEPARTMENT OF ENVIRONMENTAL PROTECTION - GENERAL › Chapter 152 - CONTROL OF EMISSIONS OF VOLATILE ORGANIC COMPOUNDS FROM CONSUMER PRODUCTS › Section 096-152-2 - Definitions

Current through 2024-29, July 17, 2024
A.
General Definitions
(1)
ACP.
"ACP" means Alternative
				Control Plan.
(2)
ACP
				agreement.
"ACP agreement" means the document signed by the 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) of this Chapter, except those products that have been exempted under
				Section 4 of this Chapter, or exempted as Innovative Products under Section 5
				of this Chapter.
(4)
Agricultural use.
"Agricultural use" means the use of any pesticide or
				method or device for the control of pests in connection with the commercial
				production, storage or processing of any animal or plant crop. "Agricultural
				Use" does not include the sale or use of pesticides 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)
Structural pest control
.
				Means a use requiring a license under 01-026 CMR Chapters 10, 31, 32, and
				35.
(c)
Industrial
				use
. Means use for or in a manufacturing, mining, or chemical process
				or use in the operation of factories, 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 atom and are not an "Exempt Compound" or a
				"LVP-VOC."
(6)
All other
				forms.
"All other forms" means all consumer product forms for which no
				form-specific VOC standard is specified. Unless specified otherwise by the
				applicable VOC standard, "all other forms" include, but are not limited to,
				solids, liquids, wicks, powders, crystals, and cloth or paper wipes
				(towelettes).
(7)
Alternative control plan or ACP.
"Alternative control plan or ACP" means
				any emissions averaging program approved by the Department pursuant to the
				provisions of this regulation.
(8)
ASTM
. "ASTM" means the American Society for Testing 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 of the
				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, or acquires 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 in this 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 of substances which is solely responsible for
				accomplishing the purposes for which the product was designed or intended.
				"Container/packaging" includes any article onto or into which the 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 ACP party for the purpose of reporting
				or maintaining any information specified in the ACP Agreement approving an
				ACP.
(16)
Date-code.
"Date-code" means the day, month and year on which 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 form of
				plant or animal life (other than man and other than bacteria, virus, or other
				microorganism on 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.
(19)
Exempt
				compound.
"Exempt Compound" means any carbon-containing compound listed
				as an exception to the definition of VOC in Chapter 100 of the Department's
				regulations.
(20)
Existing
				product.
"Existing Product" means any formulation of the same product
				category and form sold, 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 of Mercury (mm Hg) when measured at
				20°C.
(23)
Label.
"Label" means any written, printed, or graphic matter affixed to, applied to,
				attached to, blown into, formed, molded into, embossed on, or appearing upon
				any consumer product or consumer product package, for purposes of branding,
				identifying, or giving information with respect to the product or to the
				contents of the package.
(24)
Liquid.
"Liquid" means a substance or mixture of substances which
				is capable of a visually detectable flow as determined under ASTM D4359-90
				(2006), incorporated by reference in 9(B). "Liquid" does not include powders or
				other materials that are composed entirely of solid 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 added
				to fuels; products for use on the 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 LVP compounds in an ACP product
				multiplied by 100 and 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 atom and
				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 solely of "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) of this regulation; or
(d) is the weight percent of a chemical
				"mixture" that boils above 216° C, as determined by CARB Method 310,
				incorporated by reference in 9(A)(1) of this regulation.
(e) For the purposes of the definition of
				LVP-VOC, chemical "compound" means a molecule of definite 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, per year)
				in Maine for either the calendar year immediately prior to the year that the
				Department requests the information or, if that data is not available, any
				consecutive 12 month period commencing no earlier than 2 years 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 any volatile organic compound that exerts a vapor pressure
				greater than 2 mm Hg and 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 to most likely be displayed,
				presented, shown or examined under normal and customary conditions of display
				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 in this section and in the Table of Standards in section 3.
(36)
Product form.
"Product
				Form," for the purpose of complying with Section 7 only, means the applicable
				form which most accurately describes the product's dispensing form as follows:
A = Aerosol Product
S = Solid P =
Pump Spray
L = Liquid
SS = Semisolid
O= Other
(37)
Product line.
"Product
				line" means a group of products of identical form and function belonging to the
				same product category(ies).
(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 from the same self-pressurized container or from a separate
				container.
(39)
Pump
				spray.
"Pump spray" means a packaging system in which the product
				ingredients within the container are not under pressure and in which the
				product is expelled only while a pumping action is applied to a button, trigger
				or other actuator.
(40)
Reconcile or reconciliation.
"Reconcile or reconciliation" means to
				provide sufficient VOC emission reductions to completely offset any shortfalls
				generated under the ACP during an applicable compliance period.
(41)
Responsible party.
"Responsible party" means the company, firm or establishment which is listed on
				the product's label. If the label lists two companies, firms or establishments,
				the responsible party is the party which 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 CMR Chapter 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 which consumer 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
				deform easily, including, but not limited to, gels, pastes, and
				greases.
(46)
Solid.
"Solid" means a substance or mixture of substances which, either whole or
				subdivided (such as the particles comprising a powder), is not capable of
				visually detectable flow as determined under ASTM 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.
"VOC Content" means, except for charcoal lighter products, the
				total weight of VOC in a product expressed as a percentage of the product
				weight exclusive of the container or packaging), as determined pursuant to
				Sections 9(A) and (B).
For charcoal lighter material products only,
VOC Content = (Certified Emissions x 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 I gnition 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 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 I gnition 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.
"Working day" means any day between Monday through Friday,
				inclusive, except for days that are federal holidays.