PDF Department of the Environment TECHNICAL SUPPORT DOCUMENT FOR ...

Department of the Environment TECHNICAL SUPPORT DOCUMENT

FOR Amendments to COMAR 26.11.32 - Control of Emissions of Volatile Organic Compounds

from Consumer Products

November 1, 2016 PREPARED BY: MARYLAND DEPARTMENT OF THE ENVIRONMENT 1800 Washington Boulevard Baltimore Maryland 21230

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Table of Contents

I. INTRODUCTION .............................................................................................................. 3

II. PURPOSE OF AMENDMENTS AND NEW REGULATION ..................................... 4

A. Purpose ............................................................................................................................ 4

B. Submission to EPA as Revision to Maryland's State Implementation Plan (SIP) ... 4

III. BACKGROUND ................................................................................................................ 5

IV. REQUIREMENT OF THE REGULATIONS ................................................................ 8

A. Sources Affected ............................................................................................................. 8

B. Existing Consumer Products Categories and Enhanced VOC Standards................ 8

C. New Consumer Products Categories and VOC Standards ........................................ 9

D. Additional Maryland Clarifications ............................................................................. 9

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Paint Thinner and Multipurpose Solvents ? General ..............................9

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Paint Thinner and Multipurpose Solvents ? Marine and Automotive ......... 10

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Hair Styling Gel and Hair Styling Product ? all other forms ...................10

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Artist's solvent/thinner ................................................................. 10

E. Product Reformulation ................................................................................................ 10

F. Toxic Prohibitions......................................................................................................... 10

G. Toxic Substance Control Act Reform......................................................................... 14

V. EXPECTED EMISSIONS REDUCTIONS ................................................................... 15

VI. ECONOMIC IMPACT ................................................................................................... 17

VII. EQUIVALENT FEDERAL STANDARD ..................................................................... 19

VIII. OTHER STATE AND REGIONAL STANDARDS ................................................. 20

IX. PROPOSED REGULATIONS........................................................................................ 22

X. REFERENCES................................................................................................................. 39

APPENDICIES ........................................................................................................................... 40 Appendix A ? Powerpoint to AQCAC 6/6/2016 Appendix B ? Powerpoint to AQCAC 9/19/2016 Appendix C ? Toxic Summary for AQCAC 7/22/16 Appendix D ? TSCA - The Frank R. Lautenberg Chemical Safety for the 21st Century Act Overview; EPA ppt June 2016 Appendix E ? TSCA Work Plan Chemical Assessment Summary

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I. INTRODUCTION

The Environmental Protection Agency has designated Maryland as nonattainment for the 2008 national ambient air quality standard (NAAQS) for ground-level ozone. Therefore, Maryland Department of the Environment (MDE, or Department) must continue to enact regulations to gain further reductions of the emissions of volatile organic compounds (VOCs), a class of compounds that are precursors to ground-level ozone. Ground-level ozone is formed through the reaction of VOCs and other compounds in the ambient air, particularly on hot, sunny days. High concentrations of ozone can cause or exacerbate difficulty in breathing, asthma and other serious respiratory problems, a health problem that could be more sever to children and the elderly.

"Consumer Products" are generally products sold to retail customers for personal, household, or automotive use, along with the products marketed by wholesale distributors for use in commercial or institutional organizations. VOC emissions from these products come from the evaporation of propellant and organic solvents during use. Consumer products cover a wide gamut of individual products, including personal care products, household products, automotive aftermarket products, adhesives and sealants, insecticides, coatings and other miscellaneous products.

Maryland first adopted regulations for Consumer Products in 2003. Following California's lead to be more restrictive than federal government standard's for certain products containing VOC's. Maryland adopted amendments with additional category restrictions in 2007 and is now proposing new amendments in 2016, which will require an effective compliance date as early as January 1, 2018.

Maryland is a member state of the Ozone Transport Commission (OTC), an organization which is comprised of 13 entities in the Northeast and mid-Atlantic regions. These entities include the states from Virginia to Maine including the District of Columbia. The OTC region is generally in nonattainment of the air pollutants precursors for ground-level ozone. Adoption of OTC Model Rules by all member States ensures regulatory consistency throughout the region to address these pollutants. OTC Consumer Product Model Rules are based off of California Air Resources Board (CARB) rules as well.

The proposed regulation amendments will provide a 14 percent reduction in VOC emissions from Consumer Products categories in Maryland when effective. These VOC reductions will contribute to reduced ozone formation which will assist in public health protection.

This document provides summaries and research materials used to establish the proposed amendments and new regulation.

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II. PURPOSE OF AMENDMENTS AND NEW REGULATION A. Purpose

The Secretary of the MDE proposes to amend Regulations .01-.05, .06, .08, .12, .14, and .16 and add new regulation .05-1 under COMAR 26.11.32 Control of Emissions of Volatile Organic Compounds from Consumer Products. The purpose of this action is to amend existing regulations under COMAR 26.11.32 to establish new VOC standards for 11 new consumer products and to strengthen VOC standards for 15 existing consumer products. The VOC standard is proposed a percent VOC by Weight as detailed in Chapter IV. The compliance date for these categories of consumer products is January 1, 2018.

B. Submission to EPA as Revision to Maryland's State Implementation Plan (SIP) This action will be submitted to the U.S. Environmental Protection Agency (EPA) for approval as part of Maryland's SIP.

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III. BACKGROUND

The EPA has designated Maryland as nonattainment for the 2008 NAAQS for ground-level ozone. Therefore, Maryland must continue to enact regulations to gain further reductions of the emissions of VOCs, a class of compounds that are precursors to ground-level ozone. Groundlevel ozone is formed through the reaction of VOCs and other compounds in the ambient air, particularly on hot, sunny days. High concentrations of ozone can cause or exacerbate difficulty in breathing, asthma and other respiratory problems, a health problem that could be more sever to children and the elderly.

Maryland is a member state of the Ozone Transport Commission (OTC), an organization set up by Congress under the Clean Air Act (CAA), which is comprised of 13 entities in the Northeast and Mid-Atlantic regions. These entities include the states from Virginia to Maine including the District of Columbia. This region has a large population with transportation and industry sources that contribute to ground level ozone formation. Much of the OTC region has tended to be designated as nonattainment for many years. Emissions from many sources including cars, trucks, power plants, other stationary sources, and smaller sources like gasoline stations and consumer products contribute to ozone formation. However, on many days, about 70% of Maryland's ozone problem originates in upwind states and is transported into Maryland.

MDE runs one of the nation's most sophisticated ozone research programs and uses airplanes, balloons and mountaintop monitors to measure incoming ozone levels. Maryland's modeling and research shows that federal and regional NOx reduction programs are what lowers ozone the most in the Mid-Atlantic region.

In addition to its other duties, the OTC develops model rules for the member states to use to reduce the emissions of ground-level ozone precursors. The State of Maryland has worked with the OTC over many years to reduce harmful regional emissions.

The proposed regulatory amendments to COMAR 26.11.32 institute the requirements of both the 2010 and 2014 OTC model rules for consumer products. The 2010 and 2014 OTC model rules were developed as part of a regional effort to attain and maintain the eight-hour ozone standard, and reduce eight-hour ozone levels. The 2010 OTC model rule reflected changes made by the 2006 California Air Resources Board (CARB) rule. The 2014 OTC model rule reflected changes made by the 2009 CARB rule.

OTC Consumer Products rules are based off of CARB rules. Adoption of OTC Model rules by member States ensures regulatory consistency throughout the region.

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