UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

	1650 Arch Street

	Philadelphia, Pennsylvania  19103

DATE:	September 5, 2007

SUBJECT:	Technical Support Document - Maryland; Amendments to the
Control of Volatile Organic Compound Emissions from Consumer Products

			/s/

FROM:	Rose Quinto, Environmental Engineer

Air Quality Planning Branch 

TO:		File

		          /s/

THRU: 	Marilyn Powers, Acting Branch Chief

Air Quality Planning Branch

A.  BACKGROUND

On June 18, 2007, the Maryland Department of Environment (MDE) submitted
a revision to its state implementation plan (SIP).  The SIP revision
(Maryland SIP #07-08) includes amendments to the control of VOC
emissions from consumer products (COMAR 26.11.32).

Consumer and commercial products are defined as products sold to retail
customers for personal, household, or automotive use, and products
marketed by wholesale distributors for use by commercial or
institutional organizations.  VOC emissions from these products come
from the evaporation of propellant and organic solvents during use. 
Consumer and commercial products comprise a variety of goods, including
personal care products, household products, automotive aftermarket
products, insecticides, coatings, and other miscellaneous products.  

Maryland adopted the consumer products regulation based on the 2001
Ozone Transport Commission (OTC) model rule in 2003 that was based on
the California Air Resources Board (CARB) rule.  EPA approved the
Maryland consumer products regulation on December 9, 2003 (68 FR 68523).
 In July 2005, CARB amended the 2001 OTC model rule adding 14 new
categories.  In 2006, the OTC developed an updated model rule based upon
the 2005 CARB amendments.  Maryland adopted the updated 2006 OTC model
rule on June 8, 2007 with an effective date of June 18, 2007 to
incorporate the changes in the 2005 CARB rule. 

B.  STATE SUBMITTAL

Maryland’s amended consumer products regulation incorporates the
changes made by CARB.  These amendments affect 18 categories of consumer
products.  Fourteen categories are new, including subcategories with new
product category definitions and VOC limits; one previously regulated
category with a more restrictive VOC limit, and two previously regulated
categories with additional requirements.  The compliance date for the
new standards is January 1, 2009.

The new categories are the following:  (1) adhesive remover with four
subcategories:  floor or wall covering, gasket or thread locking,
general purpose, and specialty; (2) anti-static product; (3) electrical
cleaner; (4) electronic cleaner; (6) fabric refresher; (7) footwear or
leather care product; (8) hair styling product that will incorporate
hair styling gel and include additional forms of hair styling products
(i.e.; liquid, semi-solid, and pump spray) but does not include hair
spray product or hair mousse; (9) graffiti remover; (10) shaving gel;
(11) toilet/urinal care product; and (12) wood cleaner.  The previously
regulated category with more restrictive limit is contact adhesive that
has been separated into 2 subcategories:  general purpose and special
purpose.  The previously regulated categories with additional
requirements are air fresheners and general purpose degreasers.

New definitions to be used in this regulation are the following:

Adhesive remover – a product designed to remove adhesives, including
caulks, sealants, glues, or similar substances used for the purpose of
forming a bond, from either a specific substrate or a variety of
substrates.  Adhesive remover does not include products that remove
adhesives intended exclusively for use on humans or animals.

Aerosol adhesive – includes special purpose spray adhesives, mist
spray adhesives, and web spray adhesives.

Aerosol product – a pressurized spray system that dispenses product
ingredients by means of a propellant contained in a product or a
product’s container or by means of mechanically induced force. 
Aerosol product does not include pump spray.

Air freshener – does not include a product that functions primarily as
a cleaning product, as indicated on a product label or toilet and urinal
care products. 

Anti-static product – a product that is labeled to eliminate, prevent
or inhibit the accumulation of static.  Anti-static product does not
include electronic cleaner, floor polish or wax, or floor coating.

Bathroom and tile cleaner – a product labeled to clean tile or
surfaces in bathrooms.  Bathroom and tile cleaner does not include
specifically designed primarily to clean toilet bowls, toilet tanks, or
urinals.

Bug and tar remover – a product labeled to remove from painted motor
vehicle surfaces, without causing damage to the finish.

Consumer product – includes detergents, cleaning compounds, polishes,
floor finishes, cosmetics, personal care products, home, lawn and garden
products, disinfectants, aerosol paints, automotive specialty products,
and aerosol adhesives for consumer, industrial, or commercial uses. 
Consumer product does not include paint products other than those listed
under §B(45)(b) of COMAR 26.11.32.03, furniture coatings, or
architectural coatings.

Contact adhesive – does not include rubber cements intended primarily
for use on paper substrates and vulcanizing fluids that are designed and
labeled for tire repair only.  

Contact adhesive – general purpose – any contact adhesive that is
not a contact adhesive – special purpose.

Contact adhesive – special purpose – a contact adhesive that: 

(a) Is used to bond melamine-covered board unprimed metal, unsupported
vinyl, Teflon, ultra-high molecular weight polyethylene, rubber, high
pressure laminate, or wood veneer 1/16 inch or less in thickness to any
porous or nonporous surface, and is sold in units of product, less
packaging, that contain more than 8 fluid ounces; and 

(b) Is used in automotive applications that are: automotive
under-the-hood applications requiring heat, oil, or gasoline resistance;
and body-side molding, automotive weather stripping, or decorative trim.

Deodorant – 

(a) For products manufactured before January 1, 2009, a product that is
intended by the manufacturer to be used to minimize odor in the human
axilla by retarding the growth of bacteria that cause the decomposition
of perspiration; and 

(b) For products manufactured on or after January 1, 2009, a product
that indicates or depicts on the container or packaging, or on any
sticker or label affixed thereto, that the product can be used on or
applied to the human axilla to provide a scent or minimize odor.

Deodorant body spray – 

(a) For products manufactured before January 1, 2009, a personal
fragrance product with 20 percent or less fragrance; and 

(b) For products manufactured on or after January 1, 2009, a personal
fragrance product with 20 percent or less fragrance that is designed for
application all over the human body to provide a scent.

Dusting aid – does not include pressurized gas duster.

Electrical cleaner – a product labeled to remove heavy soils such as
grease, grime, or oil from electrical equipment, including electric
motors, armatures, relays, electric panels, or generators.  Electrical
cleaner does not include general purpose cleaner, general purpose
degreaser, dusting aid, electronic cleaner, energized electrical
cleaner, pressurized gas duster, engine degreaser, anti-static product,
or products designed to clean the castings or housings of electrical
equipment.

Electronic cleaner – a product labeled for the removal of dirt,
moisture, dust, flux or oxides from the internal components of
electronic precision equipment such as circuit boards, and the internal
components of electronic devices, including but not limited to radios,
compact disc (CD) players, digital video disc (DVD) and computers. 
Electronic cleaner does not include general purpose cleaner, general
purpose degreaser, dusting aid, pressurized gas duster, engine
degreaser, electrical cleaner, energized electrical cleaner, anti-static
product, or products designed to clean the casings or housings of
electronic equipment.

Energized electrical cleaner – a product: 

(a) That is labeled to clean or degrease electrical equipment where
cleaning and degreasing is accomplished when electrical current exists,
or when there is a residual electrical potential from a component, such
as a capacitor; and 

(b) Whose label clearly displays the statements:  “Energized equipment
use only.  Not to be used for motorized vehicle maintenance, or their
parts.”  Energized electrical cleaner does not include electronic
cleaner.

Enforceable sales record includes other accurate product sales approved
by the Department as meeting the criteria specified in §B(65)(a) of
COMAR 26.11.32.03.

Fabric refresher – a product labeled to neutralize or eliminate odors
on unlaundered fabric, including soft household surfaces, rugs,
carpeting, draperies, bedding, automotive interiors, footwear, athletic
equipment, clothing or on household furniture or objects upholstered or
covered with fabrics such as, but not limited to wool, cotton, or nylon.
 Fabric refresher does not include anti-static product, carpet and
upholstery cleaner, soft household surface sanitizers, footwear or
leather care product, spot remover, or disinfectant, or products labeled
for application to both fabric and human skin.  For the purpose of this
definition only, soft household surface sanitizer means a product
labeled to neutralize or eliminate odors on surfaces listed in
§B(69)(b) of COMAR 26.11.32.03 whose label is registered as a sanitizer
under the Federal Insecticide and Rodenticide Act (FIFRA, 7 U.S.C. 136
et. seq.).

Facial cleaner or soap – includes facial cleansing creams, semisolids,
liquids, lotions, and substrate-impregnated forms.

Floor and wall covering adhesive remover – a product designed or
labeled to remove floor or wall coverings and associated adhesives from
the underlying substrate.

Floor coating – a coating that is labeled and designed for application
to flooring, including but not limited to decks, porches, steps, and
other horizontal surfaces that may be subject to foot traffic.

Footwear or leather care product – any product designed or labeled to
be applied to footwear or to other leather articles and components to
maintain, enhance, clean, protect, or modify the appearance, durability,
or fit including both leather and nonleather foot apparel.  Foot or
leather care product does not include fabric protectant, general purpose
adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating,
rubber and vinyl protectant, fabric refresher, products solely for
deodorizing, or sealant products with adhesive properties used to create
external protective layers greater than 2 millimeters thick.  

Fragrance – a substance or complex mixture of aroma chemicals, natural
essential oils, and other functional components with a combined vapor
pressure not in excess of 2 mm of Hg at 20°C, intended solely to impart
an odor or scent or counteract a malodor.

Furniture maintenance product – does not include dusting aids, wood
cleaners, and products designed to leave a permanent finish such as
stains, sanding sealers, and lacquers.

Gasket or thread locking adhesive remover – a product designed or
labeled to remove gaskets or thread locking adhesives.  Gasket or thread
locking adhesive remover includes a product labeled for dual use as:  

(a) A paint stripper and gasket remover, or 

(b) A paint stripper and thread locking adhesive remover.

General purpose adhesive remover – a product designed or labeled to
remove cyanoacrylate adhesives as well as nonreactive adhesives or
residue from a variety of substrates.  General purpose adhesive remover
includes a product that removes:  thermoplastic adhesives; pressure
sensitive adhesives, dextrine or starch-based adhesives; casein glues;
rubber or latex-based adhesives; or products that remove stickers,
decals, stencils, or similar materials.  General purpose adhesive
remover does not include floor or wall covering adhesive remover.

General purpose degreaser – a product labeled to remove or dissolve
grease, grime, oil, and other oil-based contaminants from a variety of
substrates including automotive or miscellaneous metallic parts. 
General purpose degreaser does not include engine degreaser, general
purpose cleaner, adhesive remover, electronic cleaner, electrical
cleaner, energized electrical cleaner, or metal polish or cleanser.

Graffiti remover – a product labeled to remove spray paint, ink,
marker, crayon, lipstick, nail polish, or shoe polish from a variety of
noncloth or nonfabric substrates.  Graffiti remover includes products
labeled for dual use as both a paint stripper and graffiti remover. 
Graffiti remover does not include paint remover or stripper, nail polish
remover, or spot remover.

Hair shine does not include hair spray, hair mousse, hair styling
product, hair styling gel, or products of which the primary purpose is
to condition or hold the hair.

Hair spray – 

(a) For products manufactured before January 1, 2009 – a consumer
product designed primarily for dispensing droplets of a resin on and
into a hair coiffure to impart sufficient rigidity to the coiffure to
establish or retain the style for a period of time; and 

(b) For products manufactured on or after January 1, 2009 – a consumer
product that is applied to styled hair, and is designed or labeled to
provide sufficient rigidity to hold, retain, or finish the style of the
hair for a period of time and includes aerosol hair sprays, pump hair
sprays, spray waxes, color, glitter, or sparkle hair sprays that make
finishing claims and products that are both a styling and finishing
product.  Hair spray does not include spray products that are intended
to aid in styling but do not provide finishing of a hairstyle.  For the
purpose of this definition: finish or finishing means the maintaining
and holding of previously styled hair for a period of time; and styling
means the forming, sculpting, or manipulating the hair to temporarily
alter the hair’s shape.

Hair styling product – a consumer product manufactured on or after
January 1, 2009 that is designed or labeled for the application to wet,
damp or dry hair to aid in defining, shaping, lifting, styling, and
sculpting of the hair.  Hair styling product includes, but is not
limited to, hair balm, clay, cream, creme, curl straightener, gel,
liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel,
stick, temporary hair straightener, wax, spray products that aid in
styling but do not provide finishing of a hairstyle, and leave-in
volumizers, detanglers, and conditioners that make styling claims.  Hair
styling product does not include hair mousse, hair shine, hair spray, or
shampoo and conditioners that are rinsed from the hair prior to styling.
 For the purpose of this definition:  finish or finishing means the
maintaining and holding of previously styled hair for a period of time;
and styling means forming, sculpting, or manipulating the hair
temporarily alter the hair’s shape.

Lawn and garden insecticide – an insecticide product labeled primarily
to be used in household lawn and garden areas to protect plants from
insects or other arthropods.

Liquid – a substance or mixture of substances that is capable of a
visually detectable flow as determined under ASTM D4359 (2000) el.

Low vapor pressure-VOC – a chemical compound or mixture that contains
at least one carbon atom with a vapor pressure less than 0.1 millimeters
of mercury at 20°C, as determined by CARB Method 310.  Lower vapor
pressure-VOC is a chemical compound with more than 12 carbon atoms or a
chemical mixture comprised solely of compounds with more than 12 carbon
atoms as verified by formulation data, and with unknown vapor pressure
and boiling point.

One-product business – a responsible alternative control plan (ACP)
party that sells, supplies, offers for sale, or manufactures for use in
the State only one distinct: 

(a) ACP product that is sold under one product brand name and subject to
the requirements of COMAR 26.11.32.04 - .10; or 

(b) ACP product line subject to the requirements of  COMAR 26.11.32.04 -
.10, in which all the ACP products belong to the same product category
or categories and the VOC contents in the products are within 98 percent
and 102 percent of the arithmetic mean of the VOC contents of the entire
product line.

Paint remover or stripper – does not include multi-purpose solvents,
paintbrush cleaners, products designed and labeled as graffiti removers,
or hand cleaner products that claim to remove paints and other related
coatings from skin.

Personal fragrance product – any product which is applied to the human
body or clothing for the primary purpose of adding a scent or masking a
malodor, including cologne, perfume, aftershave, and toilet water. 
Personal fragrance product does not include deodorant; medicated
products designed primarily to alleviate fungal or bacterial growth on
feet or other areas of the body; mouthwashes, breath fresheners, and
deodorizers; lotion, moisturizers, powders, or other skin care products
used primarily to alleviate skin conditions such as dryness and
irritations; products designed exclusively for use on human genitalia;
soaps, shampoos and products primarily used to clean the human body; and
fragrance products designed to be used exclusively on nonhuman animals.

Pressurized gas duster – a pressurized product labeled to remove dust
from a surface solely by means of mass air or gas flow, including
surfaces such as photographs, photographic film negatives, computer
keyboards, and other types of surfaces that cannot be cleaned without
solvents.  Pressurized gas duster does not include dusting aid.

Product category – the applicable category that best describes the
product listed in COMAR 26.11.32.03 and .04B.

Product form – the applicable form that most accurately describes the
product’s dispensing form, such as aerosol product, solid, pump spray,
liquid, or gel as follows: 

(a) A = aerosol product: S = solid; P = pump spray; L = liquid; and SS =
semisolid; and (b) O = other.

Reconciliation of shortfalls plan – the plan to be implemented by the
responsible ACP party when shortfalls have occurred, as approved by the
Department under COMAR 26.11.32.23.

Shaving cream – an aerosol product that dispenses foam lather intended
to be used with a blade or cartridge razor, or other wet-shaving system
in the removal of facial or other bodily hair.  Shaving cream does not
include shaving gel.

Shaving gel – an aerosol product which dispenses a post-foaming
semisolid designed for use with a blade, cartridge razor, or other
shaving system in the removal of facial or other bodily hair.

Shaving gel does not include shaving cream.

Solid – a substance or mixture of substances that either whole or
subdivided (such as the particles comprising a powder), is not capable
of visually detectable flow as determined under ASTM D4359-90 (2000) el.

Specialty adhesive remover – a product designed to remove from a
variety of substrates reactive adhesives including epoxies, urethanes,
and silicones that require a hardener or catalyst in order for the bond
to occur.  Specialty adhesive remover does not include gasket or thread
locking adhesive remover.

Spot remover – a product labeled to clean localized areas or remove
localized spots or stains on cloth or fabric, such as drapes and
clothing that does not require subsequent laundering to achieve stain
removal.  Spot remover does not include dry cleaning fluid, laundry
prewash, or multi-purpose solvent.

State sales – the sales in the State, if available, or sales estimated
by incorporating national or regional sales data by population,
expressed as net pounds of product, less packaging and container.  If
the data in §B(179)(a) of COMAR 26.11.32.03 is not available, for a
consecutive 12-month period beginning not earlier than 2 years before
the due date of the redesignation.

Toilet and urinal care product – any product designed or labeled to
clean or to deodorize toilet bowls, toilet tanks, or urinals.  For
purposes of this definition, toilet bowls, toilet tanks, or urinals
include: 

(a) Toilets or urinals connected to permanent plumbing in buildings and
other structures; (b) Portable toilets or urinals placed at temporary or
remote locations; and 

(c) Toilets or urinals in vehicles such as buses, recreational motor
homes, boats, ships, and aircraft.  

Toilet and urinal care product does not include bathroom and tile
cleaner or general purpose cleaner.

Vinyl/fabric/leather/polycarbonate coating – a coating designed and
labeled exclusively to coat vinyl, fabric, leather, or polycarbonate
substrates.

VOC content – except for charcoal lighter products, the total weight
of VOC in a product expressed as a percentage of the product weight,
excluding the container or packaging, as determined under COMAR
26.11.32.16A and B.

Wood cleaner – a product labeled to clean wooden materials including
decking, fences, flooring, logs, cabinetry, and furniture.  Wood cleaner
does not include dusting aid, general purpose cleaner, furniture
maintenance product, floor wax stripper, floor polish or wax, or
products designed and labeled exclusively to preserve or color wood.

General Standards

A.  A person is prohibited to sell, supply, offer for sale, or
manufacture for sale in the State a consumer product manufactured on or
after January 1, 2009 that contains VOC excess of the limits specified
in the table below.

B.  VOC Limits, expressed as percent VOC by weight (identical to CARB
limits)

Product Category	VOC Limits 

Effective 1/1/2009

Contact adhesive:

    Contact special purpose

    General purpose	

80

55

Adhesive removers:

    Floor or wall covering   

    Gasket or thread locking

    General purpose

    Specialty	

 5

50

20

70

Anti-static product, non-aerosol	11

Electrical cleaner	45

Electronic cleaner	75

Fabric refresher:

    Aerosol

    Non-aerosol	

15

 6

Footwear or leather care products:

    Aerosol

    Solid

    Other forms	

75

55

15

Graffiti remover:

    Aerosol

    Non-aerosol	

50

30

Hair styling products:

    Aerosol and pump sprays

    All other forms	

6

2

Shaving gel	7

Toilet/urinal care:

    Aerosol

    Non-aerosol	

10

 3

Wood cleaner:

    Aerosol

    Non-aerosol	

17

 4



C.  A person is prohibited to sell, supply, offer for sale, or
manufacture for sale in State any antiperspirant or deodorant which
contains any compound that has been identified by CARB in Title 17,
California Code of Regulations, Division 3, Chapter 1, Subchapter 7,
Section 93000 as a toxic air contaminant.

D.  Sell-through of Products.

1.  Sell-through period.  A consumer product manufactured prior to the
effective date in the table above, may be sold, supplied, or offered for
sale after the effective date.

 2.  Sell-through of products 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 COMAR 26.11.32.13A; or 

(b) solid air fresheners and toilet or urinal care products that contain
paradichlorobenzene, which are subject to the one-year sell-through
period specified in COMAR 26.11.32.10.

                                                        

E.  Requirements for Contact Adhesives, Electronic Cleaners, Footwear,
or Leather Care Products, and General Purpose Degreasers.

Except as provided in (2) and (4) below this section, effective January
1, 2009, a person is prohibited to sell, supply, offer for sale, or
manufacture for use in the State any contact adhesive, electronic
cleaner, footwear or leather care product, or general purpose degreaser
that contains any of the following:  ethylene chloride;
perchloroethylene; or trichloroethylene.

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 before January 1, 2009 may be sold, supplied, or
offered for sale until January 1, 2012, if:  

(a) The product container or package displays the date on which the
product was manufactured; or 

(b) A code indicates such date in accordance with COMAR 26.11.32.13A.

A person who sells or supplies a consumer product identified in (1) of
this section, shall 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 are met:  

(a) The product is sold or supplied to a distributor or retailer; and 

(b) The product is sold or supplied on or after June 30, 2011.

Impurities.  The requirements in (1) and (3) of this section, do 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 percent by
weight.

F.  Requirements for Adhesive Removers, Electrical Cleaners, and
Graffiti Removers.

Except as provided in (2) and (4) of this section, effective January 1,
2009, a person is prohibited to 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:  methylene chloride, perchloroethylene, or trichloroethylene.

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 sale until January 1, 2012 if: 

(a) The product container or package displays the date on which the
product was manufactured; or 

(b) A code indicates such date in accordance with COMAR 26.11.32.13A.

Any person who sells or supplies a consumer product identified in (1) of
this section will 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:  

(a) The product is sold or supplied to a distributor or retailer; and 

(b) The product is sold or supplied on or after June 30, 2011.

Impurities.  The requirements of (1) and (3) of this section do 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 percent by weight.

G.  Requirements for Solid Air Fresheners and Toilet and Urinal
Products.

Effective January 1, 2009, a person is prohibited to 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 January 1, 2010,
if the product container or package displays:  

(a) The date on which the product was manufactured, or 

(b) A code indicating such date, in accordance with COMAR 26.11.32.13A.

A person who sells or supplies any solid air freshener or toilet or
urinal care product that contains paradichlorobenzene will 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 are met:  

(a) The product is sold or supplied to a distributor or retailer; and 

(b) The product is sold or supplied on or after June 30, 2009.

H.  Administrative Requirements.

Product-Dating.  

A code indicating the date of manufacture that is 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 irreversibly
disassembling any part of the container or packaging or displayed on the
bottom of a container as long as it is clearly legible without removing
any product packaging.  

A manufacturer who uses a code indicating the date of manufacture for a
consumer product subject to COMAR 26.11.32.04 - .10 will file an
explanation of the date portion of the code with the Department not
later than 12 months before the effective date of the applicable
standard in COMAR 26.11.32.04B.

A manufacturer who uses the following code to indicate the date of
manufacture is not subject to the requirements of COMAR 26.11.32.13A(3),
if the code is represented separately from other codes on the product
container so that it is easily recognizable:  YY DDD = year year day day
day, where “YY” = two digits representing the year in which the
product was manufactured; and “DDD” = three digits representing the
day of the year on which the product was manufactured, with “001”
representing the first day of the year, “002” representing the
second day of the year, and so forth (that is, “the Julian date”).

If a manufacturer changes any code indicating the date of manufacture
for any consumer product, an explanation of the modified code will be
submitted to the Department before any products displaying the modified
code are sold, supplied, or offered for sale in the State.

A person may not erase, alter, deface, or otherwise remove or make
illegible any date or code indicating the date of manufacture from any
regulated product container without the express authorization of the
manufacturer.

Date code explanations for codes indicating that date of manufacture are
public information, will be separate from any confidential information,
and may not be claimed confidential.

The requirements of COMAR 26.11.32.13A do not apply to:  

(a) Products containing no VOCs; or 

(b) Products containing VOCs at 0.10 percent by weight or less.

Most Restrictive Limit.

Notwithstanding the definition of “product category” in COMAR
26.11.32.03, if a representation is made that a consumer product is
suitable for or may be used as a consumer product with a lower VOC limit
as specified in COMAR 26.11.32.04B, and the representation appears on
the container, packaging or label or sticker affixed thereto, the lower
VOC limit will apply for:  

(a) A consumer product manufactured before January 1, 2009; and 

(b) A FIFRA-registered insecticide manufactured before January 1, 2010.

The requirement of COMAR 26.11.32.13B(1) does not apply to a general
purpose cleaner, an antiperspirant or deodorant product, a product
intended to serve as an antiperspirant, deodorant, insecticide foggers,
and lawn and garden insecticide.

The requirement of COMAR 26.11.32.13B(3) does not apply to a general
purpose cleaners, antiperspirant, deodorant products, insecticide
foggers, and lawn and garden insecticide.

Additional Labeling Requirements for Aerosol Adhesive, Adhesive Remover,
Electronic Cleaner, Electrical Cleaner, Energized Electrical Cleaner,
and Contact Adhesive.

Both the manufacturer and responsible party for each aerosol adhesive,
adhesive remover, electronic cleaner, electrical cleaner, energized
electrical cleaner, and contact adhesive product will ensure that all
products clearly display the following information on each product
container which is manufactured on or after the effective date for the
category specified in COMAR 26.11.32.04B:  

(a) The product category as specified in COMAR 26.11.32.04B or an
abbreviation of the category; and

(b) The applicable VOC standard for the product in COMAR 26.11.32.04B,
except for energized electrical cleaner expressed as a percentage by
weight, unless the product is included in an alternative control plan
approved by the Department as provided in COMAR 26.11.32.17 - .26, and
the product exceeds the applicable VOC standard.

I.   Reporting Requirements

Upon 90 days written notice, the Department may require a responsible
party to report the following information for a consumer product: 

(a) The company name of the responsible party and the party’s address,
telephone number, and designated contact person; and 

(b) For information by multiple companies, an identification of each
company which is 	submitting relevant data separate from that submitted
by the responsible party.

All information submitted by any person under this regulation will be
maintained in accordance with the confidentiality requirements in the
State Government Article, §10-617, Annotated Code of Maryland.

If the responsible party does not have or does not provide the
information requested by the Department, the Department will 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.

C.  EPA EVALUATION: 

Maryland’s amendments to the consumer products rule incorporate
requirements of the 2006 OTC model rule for consumer products that was
based on the changes made by CARB in July 2005.  Emission reductions in
Maryland based on projected population in 2009 and per capita emission
reduction benefit will be approximately 1.0 ton VOC per day in 2009.

D.  CONCLUSIONS AND RECOMMENDED AGENCY ACTION:

The amendments of the Consumer Products Rule adopted by Maryland will
result in the reduction of VOC emissions from the affected sources.  EPA
approval of the SIP revision is recommended.

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