Title 26 DEPARTMENT OF THE ENVIRONMENT Subtitle 11 AIR QUALITY Chapter 32 Control of Emissions of Volatile Organic Compounds from Consumer Products Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland .01 Applicability and Exemptions. A. Applicability. This chapter applies to a person that sells, supplies, offers for sale, or manufactures consumer products on or after the effective date in Regulation .04B of this chapter, for use in the State. B. Use Outside of the State. (1) The provisions of this chapter do not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State a consumer product that does not comply with the VOC standards specified in Regulation .04B of this chapter if the manufacturer or distributor demonstrates that the: (a) Consumer product is intended for shipment and use outside of the State; and (b) Manufacturer or distributor has taken reasonable prudent precautions to assure that the consumer product is not distributed to or within the State. (2) The exemption in §B(1) of this regulation does not apply to a person who sells, supplies, or offers for sale a consumer product to a retail outlet in the State. C. Antiperspirants and Deodorants. (1) The medium volatility organic compound (MVOC) content standards specified in Regulation .04B of this chapter for antiperspirants or deodorants do not apply to ethanol. (2) The requirements of Regulation .04 of this chapter for antiperspirants or deodorants do not apply to VOCs that: (a) Contain more than 10 carbon atoms per molecule and for which the vapor pressure is unknown; or (b) Have a vapor pressure of 2 millimeters of mercury or less at 20°C. (3) The VOC limits specified in Regulation .04B of this chapter do not apply to colorants up to a combined level of 2 percent by weight contained in any antiperspirant or deodorant. 26..11.32 - 1 D. The VOC limits specified in Regulation .04B of this chapter do not apply to the following: (1) Fragrances up to a combined level of 2 percent by weight contained in a consumer product; (2) An LVP-VOC, except those contained in a charcoal lighter material subject to the requirements of Regulations .04B and .05 of this chapter; (3) Air fresheners comprised entirely of fragrance, excluding compounds not defined as VOCs or exempted under §D(2) of this regulation; (4) Insecticides containing at least 98 percent paradichlorobenzene; (5) Until January 1, 2009, solid air fresheners containing at least 98 percent paradichlorobenzene; (6) Adhesives sold in containers of 1 fluid ounce or less; (7) Units of product that are not aerosol adhesives and that, less packaging: (a) Consist of more than 1 gallon of contact adhesive; or (b) Weigh more than 1 pound and consist of more than 16 fluid ounces of the following: (i) Sealants and caulking compound; (ii) Construction, panel, and floor covering adhesive; or (iii) General purpose adhesive; (8) Bait station insecticides; and (9) Fabric protectants that are: (a) Designed for use solely on fabrics that are labeled "for dry cleaning only"; and (b) Sold in containers of 10 fluid ounces or less. D-1. On or after January 1, 2009, the provisions of Regulation .10 of this chapter apply to solid air fresheners containing paradichlorobenzene. E. The requirements in Regulation .13A of this chapter do not apply to consumer products that: 26..11.32 - 2 (1) Are registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. §§136—136y; or (2) Contain VOCs at concentrations of 0.10 percent by weight or less. F. Retail Sales. (1) A retailer who makes a consumer product available for sale that violates the standards in this chapter is not in violation of this chapter if: (a) The retailer demonstrates to the satisfaction of the Department that the purchase was made with reasonable good faith efforts to assure that the product met applicable State requirements; and (b) The retailer, upon determining that a noncomplying product was purchased, immediately discontinues sale of the product in the State. (2) Good faith efforts may include the following: (a) Written communication with manufacturers and distributors that only complying products will be accepted for sale in the State; (b) Written agreements between the retailer and the manufacturers and distributors, in which the manufacturer and distributor commit to supply only complying products; (c) The implementation of a self-audit program that periodically evaluates the purchase and sale of consumer products regulated under this chapter; and (d) The use of invoices, purchase orders, and other contractual and billing documents, which specify that only complying products are acceptable. .02 Incorporation by Reference. A. In this chapter, the following documents are incorporated by reference. B. Documents Incorporated. (1) South Coast Air Quality Management District—Protocol—Rule 1174 Ignition Method Compliance Certification Protocol, dated February 28, 1991. (2) ASTM Designation: D4359-90 (Reapproved 2000)e1 Standard Test Method for Determining Whether a Material is a Liquid or a Solid. 26..11.32 - 3 (3) ASTM Designation: E260-96 (Reapproved 2001) Standard Practice for Packed Column Gas Chromatography. (4) CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997, and as last amended on September 3, 1999. (5) ASTM Designation: D86-04b Standard Test Method for Distillation of Petroleum Products at Atmospheric Pressure. .03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) "ACP" means alternative control plan as defined in this section. (2) "ACP agreement" means a document signed by the Department that: (a) Includes the conditions and requirements of the ACP; and (b) Allows manufacturers to sell ACP products in the State under the requirements of this chapter. (3) "ACP emissions" means the sum of the VOC emissions from every ACP product subject to an ACP agreement during the compliance period specified in the ACP agreement, expressed to the nearest pound of VOC and calculated according to the following equation: ACP Emissions = (Emissions)1 + (Emissions)2 + . + (Emissions) N where: (a) Emissions = (VOC Content) x (Enforceable Sales) / 100; (b) For all products, except for charcoal lighter material products: VOC Content = (B - C) x 100 / A where: (i) A = net weight of unit (excluding container and packaging); (ii) B = total weight of all VOCs per unit; and (iii) C = total weight of all exempted VOCs per unit, as specified in Regulation .01 of this chapter; (c) For charcoal lighter material products only: VOC Content = (Certified Emissions x 100) / Certified Use Rate 26..11.32 - 4 where: (i) Certified Emissions = the emissions level for products approved by the Department under Regulation .05 of this chapter, as determined under the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound CH2 per start; and (ii) Certified Use Rate = the usage level for products approved by the Department under Regulation .05 of this chapter, as determined under the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), expressed to the nearest 0.001 pound certified product used per start. (4) "ACP limit" means the maximum allowable ACP emissions during the compliance period specified in an ACP agreement, expressed to the nearest pound of VOC and calculated according to the following equation: ACP Limit = (Limit)1 + (Limit)2 + . + (Limit)N where: (a) Limit = (ACP Standard) x (Enforceable Sales) / 100; (b) Enforceable Sales = the total amount of an ACP product sold for use in the State during the applicable compliance period specified in the ACP agreement, as determined through enforceable sales records (expressed to the nearest pound, excluding container and packaging); (c) ACP Standard = either the ACP product's Pre-ACP VOC content, or the applicable VOC standard specified in Regulation .04B of this chapter, whichever is less; (d) Pre-ACP VOC Content = the lowest VOC content which the ACP product had between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Department, based on either the data on the product obtained from the March 12, 1991, California Air Resources Board (CARB) Consumer Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product; (e) 1,2,...N = each product in an ACP up to the maximum N. (5) "ACP product" means a consumer product subject to the VOC standards in Regulation.04B of this chapter, except those products that have been exempted under Regulations .01, .11, or .12 of this chapter. (6) "ACP reformulation" means the process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level that is less than the current VOC content of the product. (7) "ACP standard" means either the ACP product's pre-ACP VOC content or the applicable VOC standard specified in Regulation .04B of this chapter, whichever is less. (8) "ACP VOC standard" means the maximum allowable VOC content for an ACP 26..11.32 - 5 product, determined as follows: (a) The applicable VOC standard specified in Regulation .04B of this chapter for all ACP products except charcoal lighter material; or (b) For charcoal lighter material products only, the VOC standard for the purposes of this chapter shall be calculated according to the following equation: VOC Standard = (0.020 pound CH2 per start x 100) / Certified Use Rate where: (i) 0.020 = the certification emissions level for the Department-approved product, as specified in Regulation .05 of this chapter; and (ii) Certified Use Rate = the usage level for products approved by the Department under Regulation .05 of this chapter, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb.