Skip to Main Content
<< Back | Return to Main COMAR Search Page

29 records match your request.

FileAbstract
26.11.32.00.htm 26.11.32.00. 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
26.11.32.01.htm 26.11.32.01. 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 spec
26.11.32.02.htm 26.11.32.02. 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 2012) Standard Test Method for Determining Whether a Material is a Liquid or a Solid.3) ASTM Designation: E260-96 (Reapproved 2011)Standard Practice for Packed
26.11.32.03.htm 26.11.32.03. 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 produc
26.11.32.04.htm 26.11.32.04. 04 Standards ― General.. A. Except as provided in Regulations .01, .04D, .11, .12, .15, and .17―26 of this chapter, a person may not sell, supply, offer for sale, or manufacture for sale in the State a consumer product manufactured on or after the effective date in §B of this regulation that contains volatile organic compounds (VOC) in excess of the limits specified in §B of this regulation.B. VOC limits, expressed as percent volatile organic compounds by weight, e
26.11.32.05.htm 26.11.32.05. 05 Standards ― Requirements for Charcoal Lighter Materials.. A. The requirements of this regulation apply to a charcoal lighter material product as defined in Regulation .03B of this chapter.B. Regulatory Standards.. 1) A person may not sell, supply, or offer for sale after January 1, 2005, a charcoal lighter material product unless at the time of the transaction the following conditions are met:a) The manufacturer demonstrates that it has been issued a currently effect
26.11.32.05-1.htm 26.11.32.05-1. 05-1 Requirements for Flammable and Extremely Flammable Multi-Purpose Solvent and Paint Thinner.. Effective January 1, 2018, no person shall sell, supply, offer for sale, or manufacture for use in the State any “flammable” or “extremely flammable” multi-purpose solvent or paint thinner named, on the principal display panel as paint thinner, multi-purpose solvent, clean-up solvent, or paint clean-up unless the product:A. Contains less than 1 percent by weight aromatic compound;.
26.11.32.06.htm 26.11.32.06. 06 Standards ― Requirements for Aerosol Adhesives.. A. The standards for aerosol adhesives under Regulation .04B of this chapter apply to all uses of aerosol adhesives, including consumer, industrial, and commercial uses. Except as otherwise provided in Regulations .01, .11, .12, and .15 of this chapter, a person may not sell, supply, offer for sale, use, or manufacture for sale in the State an aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs
26.11.32.07.htm 26.11.32.07. 07 Standards ― Requirements for Floor Wax Strippers.. A person may not sell, supply, offer for sale, or manufacture, for use in the State, a floor wax stripper unless the following requirements are met:A. The label of each non-aerosol floor wax stripper shall 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;B. If a non-aerosol floor wax stripper is intended to be used for removal o
26.11.32.08.htm 26.11.32.08. 08 Requirements for Contact Adhesives, Electronic Cleaners, Footwear or Leather Care Products, General Purpose Degreasers, Bathroom and Tile Cleaners, Construction Panel and Floor Covering Adhesives, Electronic Cleaner Labeled “Energized Electronic Equipment Use Only” General Purpose Cleaners, and Oven or Grill Cleaners.A. Except as provided in §C and E of this regulation, effective January 1, 2009, a person may not sell, supply, offer for sale, or manufacture for use
26.11.32.09.htm 26.11.32.09. 09 Requirements for Adhesive Removers, Electrical Cleaners, and Graffiti Removers.. A. Except as provided in §B and D of this regulation, effective January 1, 2009, a person may not sell, supply, offer for sale, or manufacture for use in the State any adhesive remover, electrical cleaner, or graffiti remover that contains any of the following compounds:1) Methylene chloride;. 2) Perchloroethylene; or. 3) Trichloroethylene.. B. Sell-Through of Products. Adhesive removers, el
26.11.32.10.htm 26.11.32.10. 10 Requirements for Solid Air Fresheners and Toilet and Urinal Care Products.. A. Effective January 1, 2009, a person may not sell, supply, offer for sale, or manufacture for use in the State any solid air fresheners or toilet and urinal care products that contain paradichlorobenzene, except that solid air fresheners, toilet and urinal care products that contain paradichlorobenzene and were manufactured before January 1, 2009, may be sold, supplied, or offered for sale until
26.11.32.11.htm 26.11.32.11. 11 Innovative Products ― CARB Exemption.. A. A manufacturer of a consumer product that has been granted an innovative product exemption by the CARB under the innovative products provisions in Subchapter 8.5, Article 2, Section 94511, or Subchapter 8.5, Article 1, Section 94503.5 of Title 17 of the California Code of Regulations is exempt from the standards in Regulation .04B of this chapter for as long as the CARB innovative products exemption remains in effect a
26.11.32.12.htm 26.11.32.12. 12 Innovative Products ― Department Exemption.. A. A manufacturer of a consumer product that has not been granted an exemption by the CARB may seek an innovative products exemption in accordance with this regulation.B. For the purposes of this regulation, "representative consumer product" means a consumer product that:1) Is subject to the same VOC limit in Regulation .04B of this chapter as the innovative product;. 2) Is of the same product form as the innovative p
26.11.32.13.htm 26.11.32.13. 13 Administrative Requirements.. A. Product-Dating.. 1) A manufacturer of a consumer product subject to Regulations .04―10 of this chapter shall clearly display on each consumer product container or package:a) The day, month, and year on which the product was manufactured; or. b) A code indicating the date of manufacture that is:. i) Located on the container or inside the cover or cap so that it is readily observable or obtainable (by simply removing the cap or cover) without ir
26.11.32.14.htm 26.11.32.14. 14 Reporting Requirements.. A. Upon 90 days written notice, the Department may require a responsible party to report the following information for a consumer product:1) The company name of the responsible party and the party's address, telephone number, and designated contact person;2) Any claim of confidentiality made under General Provisions Article, Title 4, Annotated Code of Maryland;3) The product brand name for each consumer product and the product label;.
26.11.32.15.htm 26.11.32.15. 15 Variances.. A. A person who cannot comply with the requirements set forth in Regulations .04―10 of this chapter because of reasons beyond the person's reasonable control may apply in writing to the Department for a variance. The variance application shall include:1) The specific grounds upon which the variance is sought;. 2) The proposed date or dates by which compliance with the provisions of Regulations .04―10 of this chapter will be achieved; and
26.11.32.16.htm 26.11.32.16. 16 Test Methods.. A. VOC Compliance Test Method.. 1) Testing to determine compliance with the requirements of this chapter shall be performed using CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997, and as amended on August 6, 2010.2) Alternative methods which are shown to accurately determine the concentration of VOCs in a consumer product may be used upon approval by the Department.
26.11.32.17.htm 26.11.32.17. 17 Alternative Control Plan (ACP). A. Exemption Based upon an ACP Approved by CARB.. 1) A manufacturer that has been granted an ACP agreement by the CARB under the provisions in Subchapter 8.5, Article 4, §94540―94555, CCR Title 17 of the California Code of Regulations based on national sales data, is exempt from the limits in Regulation .04B of this chapter for the period of time that the CARB ACP agreement remains in effect if all ACP products within the CARB ACP agreement are c
26.11.32.18.htm 26.11.32.18. 18 Approval of an ACP Application.. A. Action on an Application.. 1) Upon receipt and review of an ACP application, the Department shall inform the applicant in writing that either:a) The application is complete and accepted for filing; or. b) The application is deficient and the Department identifies the specific information required to make the application complete.2) If the Department finds that an application meets the requirements of Regulation .17C of this cha
26.11.32.19.htm 26.11.32.19. 19 Record Keeping and Availability of Requested Information.. A. All records specified in the ACP agreement shall be:. 1) Maintained by the responsible ACP party for a minimum of 3 years after the records are generated; and2) Clearly legible and maintained in good condition.. B. The responsible ACP party shall make the records required in §A of this regulation available to the Department:1) Immediately upon request, during an on-site visit to a responsible ACP party;.
26.11.32.20.htm 26.11.32.20. 20 Violations.. A. Except as otherwise provided in this regulation, failure to meet a requirement of this chapter or a condition of an applicable ACP agreement constitutes a single, separate violation of this chapter for each day until the requirement or condition is satisfied.B. False reporting of information contained in an ACP application, or supporting documentation or amendments to the application, constitutes a single, separate violation of the requirements of this ch
26.11.32.21.htm 26.11.32.21. 21 Surplus Reductions and Surplus Trading.. A. Surplus Reductions.. 1) The Department shall issue surplus reduction certificates that establish and quantify, to the nearest pound of VOC reduced, surplus reductions achieved by a responsible ACP party operating under an ACP.2) The surplus reductions can be bought from, sold to, or transferred to a responsible ACP party operating under an ACP.3) A surplus reduction shall be calculated by the Department at the end of
26.11.32.22.htm 26.11.32.22. 22 Limited-Use Surplus Reduction Credits for Early Reformulations of ACP Products.. A. Early Reformulation.. 1) For the purposes of this regulation, "early reformulation" means an ACP product that is reformulated to result in a reduction in the product's VOC content and that is sold, supplied, or offered for sale in the State for the first time during the 1-year period immediately before the date on which the application for a proposed ACP is submitted to2) "Early reformulation"
26.11.32.23.htm 26.11.32.23. 23 Reconciliation of Shortfalls.. A. Determination of Shortfalls.. 1) At the end of each compliance period, the responsible ACP party shall submit to the Department an initial calculation of shortfalls occurring in that compliance period, as specified in the ACP agreement approving the ACP.2) Upon receipt of this information, the Department shall determine the amount of a shortfall that has occurred during the compliance period, and shall notify the responsible
26.11.32.24.htm 26.11.32.24. 24 Modifications to an ACP.. A. Modifications That Do Not Require Department Pre-Approval.. 1) The responsible ACP party shall notify the Department, in writing, not later than 15 working days from the date of a change to an ACP product's:a) Name;. b) Formulation;. c) Form;. d) Function;. e) Applicable product category;. f) VOC content;. g) LVP content;. h) Date-codes; or. i) Recommended product usage directions..
26.11.32.25.htm 26.11.32.25. 25 Cancellation of an ACP.. A. An ACP shall remain in effect until:. 1) The ACP reaches the expiration date specified in the ACP agreement;. 2) The ACP is modified by the responsible ACP party and the modification is approved by the Department, as provided in Regulation .24 of this chapter;3) The ACP is modified by the Department, as provided in Regulation .24D of this chapter;. 4) The ACP includes a product for which the VOC standard specified in Regulation .04B is modified by
26.11.32.26.htm 26.11.32.26. 26 Transfer of an ACP.. A responsible ACP party may transfer an ACP to another responsible ACP party if the following conditions are met:A. Both responsible ACP parties participating in the transfer of the ACP and its associated ACP agreement submit a written notification to the Department that:1) Has been postmarked at least 5 working days before the effective date of the transfer;. 2) Is signed and submitted separately by both responsible parties; and. 3) Clearly identifies the
26.11.32.9999.htm 26.11.32.9999. Administrative History Effective date: August 18, 2003 (30:16 Md. R. 1076). Regulation .01F adopted effective November 24, 2003 (30:23 Md. R. 1654) ―. Chapter revised effective June 18, 2007 (34:12 Md. R. 1068). Regulation .01D, E amended effective October 9, 2017 (44:20 Md. R. 947). Regulation .02B amended effective October 9, 2017 (44:20 Md. R. 947). Regulation .03B amended effective October 9, 2017 (44:20 Md. R. 947).
<< Back | Return to Main COMAR Search Page