Current through 2024-13, March 27, 2024
A. Except as provided in Sections
4(Exemptions), 5 (Innovative Products), 8 (Variances), and 11 (Alternative
Control Plan) of this 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 in the following Table of Standards
which contains volatile organic compounds in excess of the limits specified in
the following Table of Standards:
Table of Standards
|
Product Category
|
Effective Date
May 1, 2005
|
Effective Date
January 1, 2009
|
|
Percent volatile compounds by
weight
|
Adhesive Removers:
Floor or
wall coverings
Gasket or thread locking
General
purpose
Specialty |
5
50
20
70 |
Adhesives
Aerosol:
Mist Spray
Web Spray
Special Purpose Spray
Adhesives:
Mounting; Automotive Engine Compartment; Flexible
Vinyl
Polystyrene Foam and Automotive Headliner
Polyolefin and Laminate Repair/Edgebanding
Contact
Contact General Purpose
Contact Special Purpose
Construction, Panel, Floor Covering
General Purpose
Structural Waterproof |
65
55
70
65
60
80
15
10
15
|
NA
55
80 |
Air fresheners
Single-Phase
Aerosols
Double-Phase Aerosols
Liquids/Pump
Sprays
Solids/gels |
30
25
18
3 |
Antiperspirants
Aerosol
Non-Aerosol |
40 HVOC
10 MVOC
0
HVOC
0 MVOC |
|
Automotive Brake Cleaners
|
45 |
|
Anti-static Product, non-aerosol
|
11 |
|
Automotive Rubbing or Polishing Compound
|
17 |
Automotive Wax, Polish, Sealant or
Glaze
Hard Paste Waxes
Instant
Detailers
All Other Forms |
45
3
15 |
|
Automotive Windshield Washer Fluids
|
35 |
Bathroom and Tile Cleaners
Aerosols
All Other Forms |
7
5 |
|
Bug and Tar Remover
|
40 |
|
Carburetor or Fuel-injection Air Intake
Cleaners
|
45 |
Carpet and Upholstery Cleaners
Aerosols
Non-Aerosols (Dilutables)
Non-Aerosols
(Ready-to-Use) |
7
0.1
3.0 |
|
Charcoal Lighter Material
|
See 3(F) |
|
Cooking Spray Aerosols
|
18 |
Deodorants
Aerosol
Non-Aerosol |
0 HVOC
10 MVOC
0
HVOC
0 MVOC |
Dusting Aids
Aerosols
All Other Forms |
25
7 |
|
Electrical cleaner
|
45 |
|
Electronic cleaner
|
75 |
Engine Degreasers
Aerosols
Non-Aerosols |
35
5 |
|
Fabric Protectants
|
60 |
Fabric refresher
Aerosol
Non-aerosol |
15
6 |
Floor Polishes/ Waxes
Products
for Flexible Flooring Materials
Products for Nonresilient
Flooring
Wood Floor Wax |
7
10
90 |
Floor Wax Strippers
Non-Aerosol
|
See 3(H) |
Footwear or Leather Care
Aerosol
Solid
Other forms |
75
55
15 |
Furniture Maintenance Products
Aerosols
All other Forms Except Solid or Paste |
17
7 |
General Purpose Cleaners
Aerosols
Non-Aerosols |
10
4 |
General Purpose Degreasers
Aerosols
Non-Aerosols |
50
4 |
Glass Cleaners
Aerosols
Non-Aerosols |
12
4 |
Graffiti Remover
Aerosol
Non-aerosol |
50
30 |
|
Hair Mousses
|
6 |
|
Hair Shines
|
55 |
|
Hairsprays
|
55 |
|
Hair Styling Gels
|
6 |
|
Hair Styling Products Aerosol and pump
sprays All other forms |
6
2 |
|
Heavy-Duty Hand Cleaner or Soap
|
8 |
Insecticides
Crawling Bug
(Aerosol)
Crawling Bug (all other forms)
Flea and
Tick
Flying Bug (Aerosol)
Flying Bug (all other
forms)
Foggers
Lawn and Garden (all other
forms)
Lawn and Garden (Non-Aerosol)
Wasp and Hornet
|
15
20
25
25
35
45
20
3
40
|
Laundry Prewash
Aerosol /
Solids
All Other Forms |
22
5 |
|
Laundry Starch Products
|
5 |
|
Metal polishes/ Cleansers
|
30 |
|
Multi-Purpose Lubricant (Excluding Solid or
Semi-Solid Products) |
50 |
|
Nail Polish Remover
|
75 |
Non-Selective Terrestrial
Herbicide
Non-Aerosols |
3 |
Oven cleaners
Aerosols/ Pump
Sprays
Liquids |
8
5 |
|
Paint Remover or Stripper
|
50 |
|
Penetrants
|
50 |
Rubber and Vinyl Protectants
Non-Aerosols
Aerosols |
3
10 |
|
Sealants and Caulking Compounds
|
4 |
|
Shaving Creams
|
5 |
|
Shaving gel
|
7 |
Silicone-Based Multi-Purpose
Lubricants
(Excluding Solid or Semi-Solid Products) |
60 |
Spot Removers
Aerosols
Non-Aerosols |
25
8 |
|
Tire Sealants and Inflators
|
20 |
Toilet/Urinal Care
Aerosol
Non-aerosol |
10
3 |
Undercoatings
Aerosols |
40 |
Wood Cleaner
Aerosols
Non-aerosol |
17
4 |
B.
After May 1, 2005, no person in the State of Maine shall sell, supply for sale
in Maine, offer for sale, or manufacture any 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, Toxic Air Contaminants, amended July 21, 1999,
incorporated by reference herein.
C.
Products that are diluted prior to
use.
(1) For consumer products for
which the label, packaging, or accompanying literature specifically states that
the product should be diluted with water or non-VOC solvent prior to use, the
limits specified in the Table of Standards shall apply to the product only
after the minimum recommended dilution has taken place. For purposes of this
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-remove soils or stains.
(2) For consumer products for which the
label, packaging, or accompanying literature states that the product should be
diluted with any VOC solvent prior to use, the limits specified in the Table of
Standards shall apply to the product only after the maximum recommended
dilution has taken place.
D. Sell-through of products.
(1) Sell-through period. Notwithstanding the
provisions of section 3(A) or 3(G), a consumer product manufactured prior to
each of the effective dates specified for that product in the Table of
Standards may be sold, supplied, or offered for sale after each of the
specified effective dates. This subsection D does not apply to:
(a) any consumer product that does not
display on the product container or package the date on which the 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 VOC standards 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) of this 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 by the CARB under the
Consumer Products provisions under Title 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 such a certification
on this 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 30 days, in writing, and shall include, at a minimum, the following:
(a) the results of testing conducted pursuant
to the procedures specified in South Coast Air Quality Management District Rule
1174, Control of Volatile Organic Compound Emissions from the Ignition
of Barbecue Charcoal, adopted October 5, 1990 (SCAQMD Rule 1174 ),
incorporated by reference herein.
(b) the exact text and/or graphics that will
appear on the charcoal lighter material's principal display panel, label, and
any accompanying literature. The provided material shall clearly show the usage
directions for the product. These directions shall accurately reflect the
quantity of charcoal lighter material per pound of charcoal that was used in
the SCAQMD Rule 1174 T esting Protocol, incorporated by reference in Section
3(F)(2)(a) of this regulation, for that product, unless:
(i) the charcoal lighter material is intended
to be used in fixed amounts independent of the amount of charcoal used, such as
certain paraffin cubes, 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 of charcoal lighter material used in the SCAQMD Rule 1174
T esting Protocol, incorporated by reference in Section 3(F)(2)(a) of this
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 by the CARB under the Consumer Products
provisions of Title 17, California Code of Regulations, Division 3, Chapter1,
Subchapter 8.5, Consumer Products, Article 2, Section 94509(h), or from a state
with a similar certification procedure, should be noted and a copy of the
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 Spray Adhesive" in Section 2(B)(98) of
this Chapter, but if the product label indicates that the product is suitable
for use on any 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 Spray Adhesive" 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 Spray
Adhesive" or "Mist Spray Adhesive" under Section 3(G)(1)(a) of this Chapter,
then the VOC limit for the product shall be the lowest applicable VOC limit
specified in Section 3(A).
(2) Effective May 1, 2005, no person shall
sell, supply, offer for sale, or manufacture for use in Maine any aerosol
adhesive which contains any of the following compounds: methylene chloride,
perchloroethylene, or trichloroethylene.
(3) All aerosol adhesives must comply with
the 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:
(1) The label of each non-aerosol floor wax
stripper must specify a dilution ratio for light or medium build-up of polish
that results in an as-used VOC concentration of 3 percent by weight or
less.
(2) If a non-aerosol floor
wax stripper is also intended to be used for removal of heavy 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 VOC concentration of 12
percent by weight or less.
(3) The
terms "light build up," "medium build up," or "heavy build up" are not
specifically required, as long as comparable terminology is used.
I.
Products containing
ozone-depleting compounds. For any consumer product for which standards
are specified under Section 3(A), no person in the State of Maine shall sell,
supply for sale in Maine, offer for sale, or manufacture any consumer product
on or 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-1-fluoroethane),
HCFC-142b (1-chloro-1,1-difluoroethane),
1,1,1-trichloroethane, or
carbon tetrachloride.
J.The requirements of Section 3(H) shall not
apply to any existing product formulation that complies with the Table of
Standards or any existing product formulation that is reformulated to meet the
Table of Standards, provided the ozone depleting compound content of the
reformulated product does not increase.
K. The requirements of Section 3(H) shall not
apply to any ozone 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
Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, and
General Purpose Degreasers.
(1) Except as
provided below in 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 any of 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, may be sold, supplied, or offered for saleuntil January 1, 2012, so
long as the product container or package displays the date on which the product
was manufactured, or a code indicating such date, in accordance with section
6(a).
(3) Notification for products
sold during the sell-through period. Any person who sells or supplies a
consumer product identified above in section 3(l)(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 of section
3(L)(1) and (L)(3) shall not apply to any Contact Adhesive, Electronic Cleaner,
Footwear or Leather Care Product, or General Purpose Degreaser containing
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.
(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 of the 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
saleuntil January 1, 2012, so long as the product container or package displays
the date on which the product was manufactured, or a code indicating such date,
in accordance with section 6(A).
(3) 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 of section
3(M)(1) and (M)(3) shall not apply to any Adhesive 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% by weight.
N. Requirements for Solid Air Fresheners and
Toilet/Urinal Care Products.
(1) Effective
January 1, 2009, no person shall sell, supply, offer for sale, or manufacture
for use in Maine any Solid Air Fresheners or Toilet/Urinal Care Products that
contain para-dichlorobenzene, except that Solid Air Fresheners and
Toilet/Urinal Care Products that contain para-dichlorobenzene and were
manufactured before January 1, 2009 may be sold, supplied, or offered for
saleuntil January 1, 2010, so long as the product container or package displays
the date on which the product was manufactured, or a code indicating such date,
in accordance with section 6(A).
(2) Notification for products sold during the
sell-through period. Any person who sells or supplies any Solid Air Freshener
or Toilet/Urinal Care Product that contains para-dichlorobenzene must notify
the purchaser of the product in writing that the sell-through period for the
product will end on January 1, 2010, 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, 2009.
