Md. Code Regs. 26.11.32.12 - 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 product, unless the innovative product uses a new form which does
not exist in the product category at the time the application is made;
and
(3) Has at least similar
efficacy as other consumer products in the same product category based on tests
accepted for that product category by the consumer products industry.
C. Exemption Criteria.
(1) The Department shall exempt a consumer
product from the VOC limits in Regulation .04B of this chapter if the
manufacturer demonstrates by clear and convincing evidence that, due to some
characteristic of the product formulation, design, delivery systems, or other
factors, the use of the product will result in less VOC emissions as compared
to:
(a) VOC emissions from a representative
consumer product which complies with the VOC limits in Regulation .04B of this
chapter; or
(b) Calculated VOC
emissions from a noncomplying representative product, if the product had been
reformulated to comply with the VOC limits in Regulation .04B of this
chapter.
(2) Equation.
(a) VOC emissions shall be calculated using
the following equation:
ER = (ENC x VOCSTD) / VOCNC
where:
(i)
ER = VOC emissions from the noncomplying representative
product, had it been reformulated;
(ii) ENC = VOC
emissions from the noncomplying representative product in its current
formulation;
(iii)
VOCSTD = VOC limit specified in the table of standards
in Regulation .04B of this chapter; and
(iv) VOCNC = VOC
content of the noncomplying product in its current formulation.
(b) If a manufacturer demonstrates
that this equation yields inaccurate results due to some characteristic of the
product formulation or other factors, an alternative method which accurately
calculates emissions may be used upon approval by the Department.
D. Application
Information.
(1) A manufacturer shall apply
in writing to the Department for an exemption claimed under §B(1) of this
regulation.
(2) The application
shall include:
(a) Supporting documentation
that verifies the emissions from the innovative product, including the actual
physical test methods used to generate the data;
(b) If necessary, the consumer testing
undertaken to document product usage; and
(c) Information necessary to enable the
Department to establish enforceable conditions for granting the exemption,
including the VOC content for the innovative product and test methods for
determining the VOC content.
(3) All information submitted by a
manufacturer under this section shall be maintained in accordance with the
confidentiality requirements in General Provisions Article, Title 4, Annotated
Code of Maryland.
E. On
receipt and review of the exemption application, the Department shall determine
whether an application is complete.
F. Departmental Decision on Innovative
Product Exemption.
(1) On receipt and review
of a complete application, the Department shall determine whether, under what
conditions, and to what extent, an exemption from the requirements of
Regulation .04B of this chapter will be permitted.
(2) The Department shall notify the applicant
of a decision in writing and specify the terms and conditions necessary to
ensure that emissions from the product will meet the emissions reductions
specified in this regulation, and that the emissions reductions can be
enforced.
G. In granting
an exemption for a product, the Department shall establish the following:
(1) Enforceable conditions that include:
(a) The VOC content of the innovative
product;
(b) Dispensing
rates;
(c) Application rates;
and
(d) Other parameters the
Department determines necessary; and
(2) Test methods for determining conformance
to the conditions established in §G(1) of this regulation, including:
(a) Criteria for reproducibility, accuracy,
and sampling; and
(b) Laboratory
procedures.
H. For a product that has been granted an
exemption under this regulation, the manufacturer shall notify the Department
in writing within 30 days of:
(1) A change in
the product formulation or recommended product usage directions; and
(2) Information which would alter the
emissions estimates submitted to the Department in support of the exemption
application.
I.
Exemptions Following Modification of VOC limit.
(1) If a VOC limit in Regulation .04B of this
chapter is lowered for a product category through a subsequent rulemaking, all
innovative product exemptions granted for products in that product category,
except as provided in this section, have no effect as of the effective date of
the modified VOC standard.
(2) The
provision of §I(1) of this regulation does not apply to those innovative
products which have VOC emissions less than the applicable lowered VOC limit
and for which a written notification of the product's emissions status versus
the lowered VOC limit has been submitted to and approved by the Department at
least 60 days before the effective date of the limits.
J. Modification or Revocation of an
Exemption.
(1) If the Department believes that
a consumer product for which an exemption has been granted no longer meets the
criteria for an innovative product specified in this regulation, the Department
may modify or revoke the exemption as necessary to ensure that the product will
meet these criteria.
(2) The
Department shall allow the applicant an opportunity for a contested case
hearing before modifying or revoking an exemption.
Notes
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