Md. Code Regs. 26.11.32.05 - 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 effective certification by the CARB under the Consumer
Products provisions of Subchapter 8.5, Article 2, Section 94509(h), of Title 17
of the California Code of Regulations, which remains in effect for the State as
long as the CARB certification remains in effect;
(b) The manufacturer or distributor of the
charcoal lighter material has been issued a currently effective certification
under §C of this regulation;
(c)
The charcoal lighter material meets the formulation criteria and other
conditions specified in the applicable ACP agreement issued under §C of this
regulation; and
(d) The product
usage directions for the charcoal lighter material are the same as those
provided to the Department under §C of this regulation.
(2) A manufacturer claiming a certification
on the basis of §B(1)(a) of this regulation shall submit to the Department a
copy of the certification decision (that is, the Executive Order), including
all conditions established by CARB applicable to the certification.
C. Certification Requirements.
(1) A charcoal lighter material formulation
may not be certified under this regulation unless the applicant for
certification demonstrates to the Department's satisfaction that the VOC
emissions from the ignition of charcoal with the charcoal lighter material are
less than or equal to 0.02 pound of VOC per start, using the procedures
specified in the South Coast Air Quality Management District Rule 1174 Ignition
Method Compliance Certification Protocol, dated February 28, 1991 (the "South
Coast Air Quality Management District Rule 1174 Testing Protocol").
(2) The Department may approve alternative
test procedures which are shown to provide equivalent results to those obtained
using the South Coast Air Quality Management District Rule 1174 Test
Protocol.
(3) A manufacturer or
distributor of charcoal lighter material may apply to the Department for
certification of a charcoal lighter material formulation under §D of this
regulation.
(4) Completeness of
Application Information.
(a) On receipt and
review of an application, the Department shall advise the applicant in writing
either that it is complete or that specified additional information is required
to make it complete.
(b) On receipt
and review of additional information requested, the Department shall advise the
applicant in writing if testing is still required before the application can be
deemed complete.
(5) The
Department shall act on a complete application after the application is deemed
complete. If the Department finds that an application meets the requirements of
§C of this regulation, then an ACP agreement shall be issued certifying the
charcoal lighter material formulation and specifying the conditions necessary
to ensure that the requirements of this regulation are met.
D. Application for Certification.
(1) An application for certification of a
charcoal lighter material formulation shall be in writing and include the
following:
(a) Results of testing conducted
under the South Coast Air Quality Management District Rule 1174 Testing
Protocol;
(b) Exact text and
graphics that clearly show the usage directions for the charcoal lighter
material and that appear on the product's principal display panel, label, and
accompanying literature; and
(c)
Physical property data, formulation data, or other information required by the
Department for use in determining when a product modification has occurred and,
if necessary, for use in determining compliance with the conditions specified
in the ACP agreement.
(2) Usage directions referenced in §D(1)(b)
of this regulation shall accurately reflect the quantity of charcoal lighter
material per pound of charcoal that was used under the South Coast Air Quality
Management District Rule 1174 Testing Protocol for the product, unless the:
(a) Charcoal lighter material is intended to
be used in fixed amounts independent of the amount of charcoal used, such as
certain paraffin cubes; or
(b)
Charcoal lighter material is already incorporated into the charcoal, such as
certain "bag light", "instant light", or "match light" products.
E. Notice of
Modifications. For a charcoal lighter material for which certification has been
granted, the applicant for certification shall notify the Department in writing
within 30 days of:
(1) A change in the usage
directions; or
(2) A change in
product formulation, test results, or other information submitted under §C of
this regulation which may result in VOC emissions greater than 0.02 pound of
VOC per start.
F.
Revocation or Modification of Certification. If the Department determines that
a certified charcoal lighter material formulation results in VOC emissions from
the ignition of charcoal which are greater than 0.02 pound of VOC per start as
determined by the South Coast Air Quality Management District Rule 1174 Testing
Protocol, the Department shall revoke or modify the certification as is
necessary to ensure that the charcoal lighter material will result in VOC
emissions of less than or equal to 0.02 pound of VOC per start.
Notes
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