A.Upon 90 days
written notice, the Department may require any responsible party to report the
information for any consumer product specified in subsections 7(A)(1) through
7(A)(11). If the responsible party does not have or does not provide the
information requested by the Department under this section, the Department may
require the reporting of this information by the person that has the
information, including, but not limited to, any formulator, manufacturer,
supplier, parent company, private labeler, distributor, or repackager.
(1) the company name of the responsible party
and the party's address, telephone number, and designated contact
person;
(2) the product brand name
for each consumer product and the product label;
(3) the product category to which the
consumer product belongs;
(4) the
applicable product form(s) listed separately;
(5) an identification of each product brand
name and form as a "Household Product" "Industrial and Institutional (IandI;)
Product," or both;
(6) separate
Maine sales in pounds per year, to the nearest pound, and the method used to
calculate Maine sales for each product form;
(7) for information submitted by multiple
companies, an identification of each company which is submitting relevant data
separate from that submitted by the responsible party;
(8) for each product brand name and form, the
net percent by weight of the total product, less container and packaging,
comprised of the following, rounded to the nearest one-tenth of a percent
(0.1%):
(a) total exempt compounds;
(b) total LVP-VOCs that are not
fragrances;
(c) total all other
carbon-containing compounds that are not fragrances;
(d) total all non-carbon-containing
compounds;
(e) total
fragrance;
(f) for products
containing greater than two percent by weight fragrance:
(i) the percent of fragrance that are
LVP-VOCs;
(ii) the percent of
fragrance that are all other carbon-containing compounds; and
(g) total
paradichlorobenzene.
(9)
for each product brand name and form, the identity, including the specific
chemical name and associated Chemical Abstract Services (CAS) number, of the
following:
(a) each exempt compound;
and
(b) each LVP-VOC that is not a
fragrance
(10) if
applicable, the weight percent comprised of propellant for each
product;
(11) if applicable, an
identification of the type of propellant (Type A, Type B, Type C, or a blend of
the different types).
B.In addition to the requirements of Section
7(A)(10), the Department may require the responsible party to report or arrange
to have reported to the Department the net percent by weight of each
ozone-depleting compound which is:
(1) listed
in Section 3(H); and
(2) contained
in a product subject to regulation under Section 3 of this Chapter in any
amount greater than 0.1 percent by weight.
C.Special Reporting Requirements for Consumer
Products that Contain Perchloroethylene or Methylene Chloride.
(1) The requirements of this subsection shall
apply to all responsible parties for consumer products that are subject to
section 3(A) and contain perchloroethylene or methylene chloride and Energized
Electrical Cleaners as defined in section 2, that contain perchloroethylene or
methylene chloride. For the purposes of this subsection, a product "contains
perchloroethylene or methylene chloride" if the product contains 1.0 percent or
more by weight (exclusive of the container or packaging) of either
perchloroethylene or methylene chloride.
(2) For each consumer product that contains
perchloroethylene or methylene chloride, the responsible party shall report the
following information for products sold in Maine, upon request of the
Department within 90 days written notice:
(a)
the product brand name and a copy of the product label with legible usage
instructions;
(b) the product
category to which the consumer product belongs;
(c) the applicable product form(s) (listed
separately);
(d) for each product
form listed in (c), the total sales in Maine during the calendar year, to the
nearest pound (exclusive of the container or packaging), and the method used
for calculating the Maine sales;
(e) the weight percent, to the nearest 0.10
percent, of perchloroethylene and methylene chloride in the consumer
product;
(3) If the
responsible party does not have or does not provide the information requested
by the Department under this section, the Department may require the reporting
of this information by the person that has the information, including, but not
limited to, any formulator, manufacturer, supplier, parent company, private
labeler, distributor, or repackager.
NOTE: Manufacturers who submit information to the Department
under this Chapter should mark those documents as "claimed confidential" if
they believe the documents should be exempt from disclosure under Maine's
Freedom of Access Law, 1 M.R.S.A. §401 et seq. Such documents will be
handled in accordance with Departmental policies governing records that may
contain confidential information, SOP Number OC PE 0006, and applicable
law.
