Final text COMAR 26.11.19.23 

effective April 16, 2012 

.23 Control of VOC Emissions from Vehicle Refinishing. 

A. Definitions. 

(1) In this regulation, the following terms have the meanings indicated. 

(2) Terms Defined. 

(a) "Airless spray" means a spray coating method in which the coating is: 

(i) Atomized by forcing it through a small nozzle at high pressure; and 

(ii) Not mixed with air before exiting from the nozzle opening. 

(b) Associated Parts and Components. 

(i) "Associated parts and components" means a structure, device, piece, module, section, assembly, 

subassembly, or element of a motor vehicle or mobile equipment that is designed to be a part of the motor 

vehicle or mobile equipment but which is not attached to the motor vehicle or mobile equipment at the time 

of coating the structure, device, piece, module, section, assembly, subassembly, or element. 

(ii) "Associated parts and components" does not include circuit boards. 

(c) Automotive Coating. 

(i) "Automotive coating" means a coating or coating component used or recommended for use in motor 

vehicle or mobile equipment refinishing, service, maintenance, repair, restoration, or modification. 

(ii) "Automotive coating" includes any reference to automotive refinishing or automotive coating 

recommended for use in motor vehicle or mobile equipment refinishing on the container or in product 

literature. 

(iii) “Automotive coating” does not include metal plating activities. 

(d) Automotive Coating Component. 

(i) "Automotive coating component" means a portion of a coating, including a reducer or thinner, toner, 

hardener, or additive that is recommended by a person to distributors or end-users for use in an automotive 

coating, or which is supplied for use in an automotive coating. 

(ii) "Automotive coating component" does not include raw materials used to produce the components. 

(e) "Automotive pretreatment coating" means a coating that: 

(i) Contains a minimum of 0.5 percent acid by weight and not more than 16 percent solids by weight 

necessary to provide surface etching; and 

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(ii) Is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance 

and adhesion. 

(f) "Automotive primer" means a coating labeled and formulated for application to a substrate to provide 

one or more of the following: 

(i) A bond between the substrate and subsequent coats; 

(ii) Corrosion resistance; 

(iii) A smooth substrate surface; and 

(iv) Resistance to penetration of subsequent coats, and on which a subsequent coating is applied. 

(g) Automotive Refinishing Facility. 

(i) "Automotive refinishing facility" means a shop, business, location, or parcel of land where motor 

vehicles or mobile equipment or their associated parts and components are coated, including auto body 

collision repair shops. 

(ii) "Automotive refinishing facility" does not include the original equipment manufacturing plant where 

the new motor vehicle or new mobile equipment is completely assembled. 

(h) "CARB" means the California Air Resources Board. 

(i) Cleaning Solvent. 

(i) "Cleaning solvent" means a fluid containing VOC used to perform surface preparation, or cleaning of 

surface coating equipment. 

(ii) "Cleaning solvent" does not include thinners, reducers or other solvents that may be used to adjust the 

solvent content of coatings. 

(j) Color Coating. 

(i) "Color coating" means a pigmented coating, excluding promoters, primers, and multicolor coatings that 

requires a subsequent clear coating and which is applied over a primer, adhesion promoter, or color coating. 

(ii) "Color coating" includes metallic/iridescent color coatings. 

(k) "Electrostatic spray" means the application of charged atomized paint droplets that are deposited by 

electrostatic attraction. 

(l) "Exempt compound" means a compound identified as exempt under the definition of volatile organic 

compound (VOC) under COMAR 26.11.01.01B(53). 

(m) "Graphic arts operation" means the application of logos, letters, numbers, or graphics to a painted 

surface by brush, roller, or airbrush. 

(n) "Metallic/iridescent color coating" means a coating that: 

(i) Exhibits more than one color in the dried film after a single application; 

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(ii) Is packaged in a single container; 

(iii) Hides surface defects on areas of heavy use; and 

(iv) Is applied over a primer or adhesion promoter. 

(o) "Mobile equipment" means any equipment which may be drawn or is capable of being drawn or driven 

on a roadway or rails including but not limited to: 

(i) Automobiles; 

(ii) Trucks, truck cabs, truck bodies, and truck trailers; 

(iii) Buses; 

(iv) Motorcycles; 

(v) Utility bodies; 

(vi) Camper shells; 

(vii) Mobile cranes; 

(viii) Bulldozers; 

(ix) Street cleaners; 

(x) Golf carts; 

(xi) Ground support vehicles, used in support of aircraft activities at airports; 

(xii) Implements of husbandry or agriculture and farming equipment; and 

(xiii) Trains and railcars. 

(p) Single-Stage Coating. 

(i) "Single-stage coating" means a pigmented coating, excluding primers and multicolor coatings, labeled 

and formulated for application without a subsequent clear coat. 

(ii) "Single-staged coating” includes single-stage metallic/iridescent coatings. 

(q) "Spot repair" means repair of an area of less than one panel in size on a motor vehicle, piece of mobile 

equipment, or associated parts or components. 

(r) "Temporary protective coating" means a coating labeled and formulated for the purpose of temporarily 

protecting areas from overspray or mechanical damage. 

(s) "Truck bed liner coating" means a coating, excluding clear, color, multicolor, and single-stage coatings, 

labeled and formulated for application to a truck bed to protect it from surface abrasion. 

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(t) "Underbody coating" means a coating labeled and formulated for: 

(i) Application to wheel wells; 

(ii) The inside of door panels or fenders; 

(iii) The underside of a truck or hood; or 

(iv) The underside of a motor vehicle. 

(u) "Vehicle refinishing" means the activity of recoating a motor vehicle, mobile equipment or parts of a 

motor vehicle or mobile equipment. 

B. Test Methods. The following test methods shall be used for the purpose of demonstrating compliance 

with the provisions of this regulation. 

(1) VOC Content of Coatings and Solvents. The VOC content of automotive components, automotive 

coatings, and solvents shall be determined by either U.S. EPA Reference Method 24 as it exists in 

Appendix A of 40 CFR Part 60, "Determination of Volatile Matter Content, Water Content, Density, 

Volume Solids, and Weight Solids of Surface Coatings or South Coast Air Quality Management District 

(SCAQMD) Method 304-91 "Determination of Volatile Organic Compounds (VOC) in Various Materials". 

(2) Exempt Organic Compounds – Methyl Acetate, Acetone, t-Butyl Acetate, and p-Chlorobenzotrifluoride 

(PCBTF). The concentration of the exempt organic compounds methyl acetate, acetone, t-butyl acetate, and 

PCBTF shall be determined by ASTM Designation: D 6133-02, "Standard Test Method for Acetone, pChlorobenzotrifluoride, Methyl Acetate or t-Butyl Acetate Content of Solventborne and Waterborne Paints, 

Coatings, Resins, and Raw materials by Direct Injection Into a Gas Chromatograph". 

(3) Exempt Organic Compounds – Dichloromethane and 1,1,1,-Trichloroethane. The concentration of the 

exempt organic compounds dichloromethane and 1,1,1-trichloroethane shall be determined by California 

Air Resources Board (CARB) Method 432, "Determination of Dichloromethane and 1,1,1,-Trichloroethane 

in Paints and Coatings", adopted September 12, 1989. 

(4) Exempt Organic Compounds. The concentration of exempt compounds shall be determined by either 

CARB Method 422, "Determination of Volatile Organic Compounds in Emissions from Stationary 

Sources" (adopted January 22, 1987) or SCAQMD Method 303-91, "Determination of Exempt Compounds 

(Approved February 1993). 

(5) Acid Content of Coatings. The acid content of pretreatment coatings shall be determined by ASTM 

Designation: D 1613-03, "Standard Test Method for Acidity in Volatile Solvents and Chemical 

Intermediates Used in Paint, Varnish, Lacquer, and Related Products" (October 2003). 

(6) Metallic Content of Coatings. The metallic content of a coating shall be determined by South Coast Air 

Quality Management District (SCAQMD) Method 318-95, "Determination of Weight Percent Elemental 

Metal in Coatings by X-Ray Diffraction", (Approved July 1996). 

(7) Spray Equipment Transfer Efficiency. The spray equipment transfer efficiency shall be determined by 

SCAQMD Test Procedure, "Spray Equipment Transfer Efficiency Test Procedure for Equipment User", 

(Approved May 24, 1989). 

(8) Spray Equipment HVLP Equivalency. The spray equipment HVLP equivalency shall be determined by 

SCAQMD Guidelines, "Guidelines for Demonstrating Equivalency with District Approved Transfer 

Efficient Spray Guns", (September 26, 2002). 

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(9) Spray Gun Cleaning System. The active and passive solvent losses from the use of an enclosed spray 

gun cleaning system or equivalent cleaning system shall be determined by SCAQMD Method, "General 

Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems", (October 3, 1989). 

(10) Emission Control System – Capture Efficiency. The measurement of capture efficiency shall be 

conducted and reported in accordance with one or both of the following: 

(a) U.S. EPA Technical Document, "Guidelines for Determining Capture Efficiency" (issued January 9, 

1995); or 

(b) 40 CFR 51, Appendix M, Methods 204-204f. 

(11) Emission Control System – Control Efficiency. The control efficiency shall be determined in 

accordance with one or more of the following: 

(a) U.S EPA Reference Method 25, "Determination of Total Gaseous Nonmethane Organic Emissions as 

Carbon" as it exists in Subpart D, Appendix A of 40 CFR 60; 

(b) U.S EPA Reference Method 25A, "Determination of Total Gaseous Organic Concentration Using a 

Flame Ionization Analyzer" as it exists in Subpart D, Appendix A of 40 CFR 60; and 

(c) U.S EPA Reference Method 25B, "Determination of Total Gaseous Organic Concentration Using a 

Nondispersive Infrared Analyzer" as it exists in Subpart D, Appendix A of 40 CFR 60. 

C. Incorporation by Reference. In this regulation, the following documents are incorporated by reference. 

(1) U.S. EPA Reference Method 24: Determination of Volatile Matter Content, Water Content, Density, 

Volume Solids, and Weight Solids of Surface Coatings (40 CFR Part 60 Appendix A). 

(2) SCAQMD Method 304-91: “Determination of Volatile Organic Compounds (VOC) in Various 

Materials". 

(3) ASTM Designation D 6133-02: "Standard Test Method for Acetone, p-Chlorobenzotrifluoride, Methyl 

Acetate or t-Butyl Acetate Content of Solvent borne and Waterborne Paints, Coatings, Resins, and Raw 

materials by Direct Injection Into a Gas Chromatograph”. 

(4) CARB Method 432: "Determination of Dichloromethane and 1,1,1,-Trichloroethane in Paints and 

Coatings"(adopted September 12, 1989). 

(5) CARB Method 422: “Determination of Volatile Organic Compounds in Emissions from Stationary 

Sources” (adopted January 22, 1987). 

(6) SCAQMD Method 303-91: “Determination of Exempt Compounds” (approved February 1993). 

(7) ASTM Designation D 1613-03: “Standard Test Method for Acidity in Volatile Solvents and Chemical 

Intermediates Used in Paint, Varnish, Lacquer, and Related Products”. 

(8) SCAQMD Method 318-95: “Determination of Weight Percent Elemental Metal in Coatings by X-Ray 

Diffraction” (approved July 1996). 

(9) SCAQMD Test Procedure: Spray Equipment Transfer Efficiency Test Procedure for Equipment User, 

approved May 24, 1989. 

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(10) SCAQMD Guidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray 

Guns, September 26, 2002. 

(11) SCAQMD “General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems” 

(dated October 3, 1989). 

(12) U.S. EPA Technical Document: “Guidelines for Determining Capture Efficiency” (January 9, 1995). 

(13) 40 CFR 51, Appendix M: Methods 204-204f. 

(14) U.S EPA Reference Method 25: “Determination of Total Gaseous Nonmethane Organic Emissions as 

Carbon, (40 CFR 60 Subpart D, Appendix A). 

(15) U.S EPA Reference Method 25A: “Determination of Total Gaseous Organic Concentration Using a 

Flame Ionization Analyzer” (40 CFR 60 Subpart D, Appendix A). 

(16) U.S EPA Reference Method 25B, "Determination of Total Gaseous Organic Concentration Using a 

Nondispersive Infrared Analyzer” (40 CFR 60 Subpart D, Appendix A). 

D. Applicability and Exemptions. 

(1) Except as provided in §D(2) of this regulation, the provisions of this regulation apply to a person who, 

on or after July 1, 2013: 

(a) Supplies, sells, offers for sale, or distributes an automotive coating or cleaning solvent for use within the 

State; 

(b) Manufactures an automotive coating or cleaning solvent for use within the State; or 

(c) Uses or applies an automotive coating or cleaning solvent within the State. 

(2) This regulation does not apply to the following products: 

(a) An automotive coating or cleaning solvent that is offered for sale, sold, or manufactured for: 

(i) Use outside of the State; or 

(ii) Shipment to other manufacturers for reformulation or repackaging; 

(b) An aerosol coating product; 

(c) An automotive coating that is sold, supplied, or offered for sale in 0.5 fluid ounce or smaller containers 

intended to be used by the general public to repair minor surface imperfections; 

(d) A coating applied to motor vehicles or mobile equipment or their associated parts and components 

during original equipment manufacture on an assembly line; 

(e) An automotive coating used in a surface coating process that is subject to Regulation .03 of this chapter; 

or 

(f) An automotive coating applied to motor vehicles or mobile equipment or their associated parts and 

components by a person who does not receive compensation for the application of the coating. 

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(3) The application requirements specified in §G of this regulation do not apply to: 

(a) Graphics arts operations; 

(b) Use of less than one fluid ounce of a coating; or 

(c) The application of: 

(i) Underbody coatings; and 

(ii) Truck bed liner coatings. 

E. General Requirements and Standards. 

(1) VOC Content Limits. 

(a) Except as provided in this regulation, effective July 1, 2013, a person who is subject to this regulation 

may not supply, sell, offer for sale, distribute, or manufacture for use within the State an automotive 

coating or cleaning solvent with a VOC content in excess of the corresponding limit specified in Table 1 of 

§E(1) or in §E(5) of this regulation. 

(b) A person may not use or apply to a motor vehicle, mobile equipment, or associated parts and 

components, an automotive coating or cleaning solvent for vehicle refinishing that exceeds the VOC 

content specified in Table 1 of §E(1) or in §E(5) of this regulation. 

Table 1. VOC Content Limits for Automotive Coatings for Motor Vehicle and Mobile Equipment Nonassembly Line Refinishing and Recoating. 

VOC Content 

Limit of 

Coatings as 

Applied* 

Coating Category Pounds per gallon Grams per liter 

Adhesion promoter 4.5 540 

Automotive pretreatment coating 5.5 660 

Automotive primer 2.1 250 

Clear coating 2.1 250 

Color coating, including metallic/iridescent color coating 3.5 420 

Multicolor coating 5.7 680 

Other automotive coating type 2.1 250 

Single-stage coating, including single-stage metallic/iridescent coating 2.8 340 

Temporary protective coating 0.5 60 

Truck bed liner coating 1.7 200 

Underbody coating 3.6 430 

* The VOC content is determined as the weight of volatile compounds (prepared to manufacturer's 

maximum VOC content), less water and exempt compounds, as specified in §E(2) of this regulation. 

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(2) Calculation of VOC Content. For the purpose of determining compliance with the VOC content limits 

in §E(1) of this regulation, the VOC content of an automotive coating shall be determined by using the 

following procedures, as applicable: 

(a) For the VOC regulatory content for coatings, determine the VOC content in units of grams of VOC per 

liter of coating less water and exempt compounds using the following equation: 

VOC regulatory content = (Wv - Ww - Wec) / (Vm - Vw - Vec) 

(b) For the VOC actual content for coatings, determine the VOC content in units of grams of VOC per liter 

of coating including the volume of any water, exempt compounds and VOC solvent using the following 

equation: 

VOC actual content = (Wv - Ww - Wec) / (Vm) 

(c) For the VOC content for cleaning solvents, other than for bug and tar removal, determine the VOC 

content in units of grams of VOC per liter of solvent using the following equation: 

VOC content = (Wv - Ww - Wec) / (Vm) 

Where: 

VOC content (or actual) = grams of VOC per liter of coating; 

Wv = weight of total volatiles, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; 

Vm = volume of material (coating or cleaning solvent, including water, exempt compounds, and added 

solvent) in liters; 

Vw = volume of water, in liters; and 

Vec = volume of exempt compounds, in liters; 

(3) Most Restrictive VOC Limit. If anywhere on the container of an automotive coating, label or sticker 

affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or 

anyone acting on behalf of a manufacturer, any representation is made that indicates that the coating meets 

the definition of or is recommended for use for more than one of the coating categories listed in §E(1) of 

this regulation, then the most restrictive VOC content limit applies. 

(4) Alternative Compliance. 

(a) A person subject to this regulation may achieve compliance with the requirements of this regulation 

through use of an emission control device that has been approved in writing by the Department which 

achieves an overall emission control efficiency of 85 percent or greater, as determined in accordance with 

§B(10) and (11) of this regulation. 

(b) The approved emission control device shall be maintained and used in proper working condition at all 

times. 

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(c) A source is in violation if the measured VOC emissions, as measured by any of the test methods 

specified in §B(11)(a)—(c) of this regulation, exceed the standards specified in §E(4)(a)—(b) of this 

regulation. 

(d) A person subject to this regulation shall not manufacture, blend, repackage for sale, supply, sell, offer 

for sale, or distribute for use within the State an automotive coating with a VOC content in excess of the 

limits specified in Table 1 of §E(1) of this regulation unless the automotive coating is used exclusively 

within an emission control system approved under §E(4)(a)—(b) of this regulation. 

(5) VOC Content Limits for Cleaning Solvents. 

(a) A person may not use or apply to a motor vehicle, mobile equipment, or associated parts and 

components, a cleaning solvent other than for bug and tar removal with a VOC content greater than 25 

grams per liter. 

(b) For cleaning solvents used for bug and tar removal, a person may not use or apply to a motor vehicle, 

mobile equipment, or associated part a bug and tar remover greater than 40 percent VOC by weight as set 

forth in COMAR 26.11.32.04B. 

F. Prohibitions. A person may not possess the following at a non-assembly line motor vehicle or mobile 

equipment coating operation: 

(1) An automotive coating that is not in compliance with the VOC content limits specified in §E(1) of this 

regulation; 

(2) An automotive coating not for use with an approved emission control device; or 

(3) A cleaning solvent that does not meet the limits specified in §E(5) of this regulation. 

G. Coating Application Methods. 

(1) Beginning July 1, 2013, a person may not apply an automotive coating subject to this regulation to a 

motor vehicle, mobile equipment, or associated parts and components unless one or more of the following 

application methods is used: 

(a) Flow or curtain coating; 

(b) Dip coating; 

(c) Roller coating; 

(d) Brush coating; 

(e) Cotton-tipped swab application; 

(f) Electrodeposition coating; 

(g) High volume-low pressure (HVLP) spraying; 

(h) Electrostatic spray; 

(i) Airless spray; or 

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(j) An alternative spray equipment coating application method. 

(2) A person who uses an alternative spray equipment coating application method must demonstrate to the 

satisfaction of the Department that the transfer efficiency is equivalent to or higher than HVLP or 

electrostatic spray application methods using the spray equipment transfer efficiency methods under §B(7) 

and (8) of this regulation based on the following: 

(a) The manufacturer's published technical material on the design of the spray equipment; and 

(b) The operation of the spray equipment using an air pressure tip gauge from the manufacturer of the spray 

equipment. 

(3) The report of the demonstration shall be submitted in writing to the Department for approval. 

(4) An alternative spray coating application method, or an alternative coating application method other than 

spray application methods, that has been approved by CARB or a California air district for use in applying 

non-assembly line automotive coatings may also be approved to comply with this regulation, as applicable. 

H. Work Practice Standards. 

(1) Spray guns used to apply automotive coating components or automotive coatings shall be cleaned by 

one or a combination of the following: 

(a) A fully enclosed spray gun cleaning system that is kept closed when not in use and is maintained in 

accordance with the requirements of §L(1)(a)—(c) of this regulation; 

(b) Unatomized discharge of solvent into a paint waste container that is kept closed when not in use; 

(c) Disassembly of the spray gun and cleaning in a vat that is kept closed when not in use; or 

(d) Atomized spray into a paint waste container that is filled with a device designed to capture atomized 

mist or spray solvent emissions. 

(2) The owner or operator of an automotive refinishing facility or non-assembly line operation subject to 

this regulation shall implement the following work practice standards and training measures: 

(a) Fresh and used automotive coating components, automotive coatings, solvents, and cleaning solvents 

shall be stored in vaportight, nonabsorbent, nonleaking containers that shall be kept closed at all times 

except when filling or emptying; 

(b) Cloth or paper, or absorbent applicators, moistened with automotive coatings components, automotive 

coatings, solvents, or cleaning solvents shall be stored in closed, vaportight, nonabsorbent, nonleaking 

containers; 

(c) Handling and transfer procedures to minimize spills during the transfer of automotive coating 

components, automotive coatings, solvents, and cleaning solvents; and 

(d) Ensure that a person who uses or applies automotive coating components, automotive coatings, 

solvents, or cleaning solvents has completed training in the proper use and handling of the automotive 

coating components, automotive coatings, solvents, and waste products in order to minimize the emission 

of air contaminants and to comply with the provisions of this regulation. 

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I. Compliance Procedures and Monitoring Requirements. 

(1) Compliance Statement Requirements. 

(a) For each automotive coating product or automotive coating component product, a manufacturer and 

repackager who is subject to the provisions of this regulation shall include the following information on 

product data sheets or an equivalent documentation: 

(i) The VOC actual content and VOC regulatory content, as supplied, for the coating product or coating 

component product, expressed in grams per liter, calculated in accordance with §E(2)(a)(i) and (ii) of this 

regulation; 

(ii) The weight percent of volatiles, water, and exempt compounds; 

(iii) The volume percent of water and exempt compounds; and 

(iv) The density of the material (in grams per liter). 

(b) For each ready to spray mixture (based on the manufacturer's and repackager's stated mix ratio) product, 

the manufacturer and repackager shall include the following information on product data sheets or an 

equivalent documentation: 

(i) The VOC actual content and the VOC regulatory content, as applied, for the coating product or coating 

component product, expressed in grams per liter; 

(ii) The weight percent of volatiles, water, and exempt compounds; 

(iii) The volume percent of water and exempt compounds; and 

(iv) The density of the material (in grams per liter). 

(c) The manufacturer and repackager of cleaning solvents subject to this regulation shall include the VOC 

content of the cleaning solvents as supplied, calculated in accordance with the requirements of §E(2)(a)(iii) 

of this regulation, expressed in grams per liter, on product data sheets or an equivalent documentation. 

(2) Container Labeling Requirements. The manufacturer and repackager of automotive coatings or 

automotive coating components shall include the following information on all containers or on a label 

affixed to the container: 

(a) The applicable use category or categories; 

(b) The VOC actual content of the coating or coating component, as supplied, calculated in accordance 

with the requirements of §E(2)(a)(ii of this regulation) and expressed in grams per liter; 

(c) The VOC regulatory content of the coating or coating component as supplied, calculated in accordance 

with the requirements of §E(2)(a)(i) of this regulation and expressed in grams per liter; and 

(d) The manufacturer and repackager of cleaning solvents subject to this rule shall include on all containers, 

or on a label affixed to the container, the VOC content for cleaning solvents, as supplied, calculated in 

accordance with the requirements of §E(2)(a)(iii of this regulation) and expressed in grams per liter. 

J. Record Keeping. 

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(1) Record-Keeping Requirements for Coatings, Coating Components and Solvents. A person who uses 

automotive coatings, automotive coating components, ready-to-spray coatings (based on the manufacturer's 

stated mix ratio), or cleaning solvents subject to this regulation shall maintain and have available at all 

times, the following: 

(a) A current list of all coatings, coating components and cleaning solvents used that are subject to this 

regulation which includes the following information for each coating, coating component and cleaning 

solvent: 

(i) Whether the material is a coating, coating component, or cleaning solvent; 

(ii) Coating, coating component or cleaning solvent name and manufacturer; 

(iii) Application method; 

(iv) Coating type; 

(v) The mix ratio specific to the coating, coating component or cleaning solvent; and 

(vi) The VOC actual content and VOC regulatory content as applied, for each ready to spray or ready to 

apply coating or cleaning solvent and copies of data sheets documenting how the as applied values were 

determined; 

(b) The VOC actual content and VOC regulatory content as supplied and copies of current manufacturer 

specification sheets, product data sheets, material safety data sheets, technical data sheets, or air quality 

data sheets documenting the as supplied value; and 

(c) Purchase records identifying the following; 

(i) The coating type; 

(ii) Coating, coating component, or cleaning solvent name; and 

(iii) Volume purchased of the coating, coating component or cleaning solvent. 

(2) Record-Keeping Requirements for Emission Control Systems. A person using an emission control 

system shall maintain daily records of the following key system operating parameters which demonstrate 

continuous operation and compliance of the emission control system during periods of VOC emission 

producing activities: 

(a) Temperatures; 

(b) Pressure drops; and 

(c) Air flow rates. 

(3) The records under this regulation shall be maintained for not less than 3 years and made available to the 

Department upon request. 

K. Administrative Requirements. 

(1) Product Dating. 

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(a) A manufacturer of an automotive coating subject to this regulation shall clearly display on each 

automotive coating container, on a label affixed to the container or on the package, the month and year on 

which the automotive coating was manufactured or code indicating that date. 

(b) A manufacturer who uses the following code to indicate the date of manufacture will not be subject to 

the requirements of §K(2)(b) of this regulation if the code is represented separately from other codes on the 

automotive coating container, label or package so that it is easily recognizable: 

YY DDD 

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"). 

(c) The product date or date-code specified in this regulation shall be displayed on each automotive coating 

container, label or package no later than 30 days before the automotive coating is supplied, sold, offered for 

sale or distributed in the State. 

(d) The date or date-code information shall be located on the automotive coating container, label or 

package so that it is readily observable without irreversibly disassembling a part of the container or 

packaging. 

(e) For the purposes of this section, information may be displayed on the bottom of a container if it is 

clearly legible without removing any product packaging. 

(f) The requirements of this section do not apply to automotive coatings containing no VOCs. 

(2) Additional Product Dating Requirements. 

(a) If a manufacturer uses a code indicating the month and year of manufacture for an automotive coating 

subject to this regulation, an explanation of the code must be filed with the Department no later than 30 

days before the automotive coating is supplied, sold, offered for sale or distributed in the State. 

(b) If a manufacturer changes a code indicating the month and year of manufacture for an automotive 

coating subject to §K(2)(a) of this regulation, an explanation of the modified code must be submitted to the 

Department before products displaying the modified code are supplied, sold, offered for sale or distributed 

in the State. 

(c) A person may not erase, alter, deface or otherwise remove or make illegible a date or code indicating 

the month and year of manufacture from a regulated product container without the express authorization of 

the manufacturer. 

(d) Date code explanations for codes indicating the month and year of manufacture are public information 

and may not be claimed as confidential. 

(3) Sell-Through of Products. An automotive coating, coating component or cleaning solvent subject to this 

regulation manufactured before July 1, 2013 may be supplied, sold, offered for sale, or distributed in the 

State if the product meets the following: 

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(a) The automotive coating, coating component or cleaning solvent complied with the standards in effect at 

the time the product was manufactured; and 

(b) The automotive coating, coating component or cleaning solvent meets the product dating requirements 

of §K(1) of this regulation. 

L. Testing Requirements. 

(1) Testing Requirements for Spray Gun Cleaning Systems. 

(a) Active and passive losses from the use of an enclosed spray gun cleaning system or equivalent cleaning 

system shall be determined in accordance with the test methods listed in §B(9) of this regulation. 

(b) The test solvent for this determination shall be a lacquer thinner with a minimum vapor pressure of 105 

mm of mercury at 20oC. 

(c) The minimum test temperature shall be 15oC. 

(2) Alternative Test Methods. The use of other test methods which are determined to be equivalent or better 

and which are approved in writing by the Department and the Administrator of the U.S. EPA may be used 

in place of the test methods specified in this regulation. 

14
FINAL ACTION ON REGULATIONS 

496 

MARYLAND REGISTER, VOLUME 39, ISSUE 7, FRIDAY, APRIL 6, 2012 

Title 26 

DEPARTMENT OF THE 

ENVIRONMENT 

Subtitle 11 AIR QUALITY 

26.11.19 Volatile Organic Compounds from 

Specific Processes 

Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-301—2-

303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Final Action 

[11-345-F] 

On March 26, 2012, the Secretary of the Environment adopted the 

repeal of existing Regulation .23 and new Regulation .23 under 

COMAR 26.11.19 Volatile Organic Compounds from Specific 

Processes. This action, which was proposed for adoption in 38:25 

Md. R. 1659—1666 (December 2, 2011), has been adopted with the 

nonsubstantive changes shown below. 

Effective Date: April 16, 2012. 

Attorney General’s Certification 

In accordance with State Government Article, §10-113, Annotated 

Code of Maryland, the Attorney General certifies that the following 

changes do not differ substantively from the proposed text. The 

nature of the changes and the basis for this conclusion are as follows: 

COMAR 26.11.19.23E(2)(a)(iii): Consistent with COMAR 

26.11.19.23E(5)(b) of the proposed regulation, this change clarifies 

that the equation to be used to calculate the VOC content for cleaning 

solvents does not apply to cleaning solvents used for bug and tar 

removal. That subsection of the proposed regulation provides that 

bug and tar removal requirements are subject to the provisions of 

COMAR 26.11.32 Control of Emissions of Volatile Organic 

Compounds from Consumer Products. The provisions under 

COMAR 26.11.32 establish the standards and VOC content 

calculation for bug and tar removers. 

.23 Control of VOC Emissions from Vehicle Refinishing. 

A. —D. (proposed text unchanged) 

E. General Requirements and Standards. 

(1) (proposed text unchanged)

(2) Calculation of VOC Content. 

(a) For the purpose of determining compliance with the 

VOC content limits in §E(1) of this regulation, the VOC content of an 

automotive coating shall be determined by using the following 

procedures, as applicable: 

(i)—(ii) (proposed text unchanged)

(iii) For the VOC content for cleaning solvents, other than 

for bug and tar removal, determine the VOC content in units of 

grams of VOC per liter of solvent using the following equation: 

VOC content = (Wv - Ww - Wec) / (Vm) 

Where: 

VOC content (or actual) = grams of VOC per liter of coating; 

Wv = weight of total volatiles, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; 

Vm = volume of material (coating or cleaning solvent, including 

water, exempt compounds, and added solvent) in liters; 

Vw = volume of water, in liters; and 

Vec = volume of exempt compounds, in liters; 

(3) — (5) (proposed text unchanged)

F. — L. (proposed text unchanged) 

ROBERT M. SUMMERS, Ph.D. 

Secretary of the Environment 

Title 31 

MARYLAND INSURANCE 

ADMINISTRATION 

Subtitle 10 HEALTH INSURANCE — 

GENERAL 

31.10.18 Denials of Coverage Based on Medical 

Necessity 

Authority: Insurance Article, §2-109 and Title 15, Subtitle 10A, Annotated 

Code of Maryland 

Notice of Final Action 

[12-031-F] 

On March 13, 2012, the Insurance Commissioner adopted 

amendments to Regulations .02, .04 — .08, .11, and .12 and the 

repeal of Regulations .03, .09, .10, and .13 — .15 under COMAR 

31.10.18 Denials of Coverage Based on Medical Necessity. This 

action, which was proposed for adoption in 39:2 Md. R. 219 — 221 

(January 27, 2012), has been adopted as proposed. 

Effective Date: April 16, 2012. 

THERESE M. GOLDSMITH 

Insurance Commissioner 

Subtitle 10 HEALTH INSURANCE — 

GENERAL 

31.10.19 Independent Review Organizations and 

Medical Experts 

Authority: Insurance Article, §§2-109, 15-10A-05, and 15-10A-09, Annotated 

Code of Maryland; 

Ch. 112, Acts of 1998 

Notice of Final Action 

[12-032-F] 

On March 13, 2012, the Insurance Commissioner adopted 

amendments to Regulations .01, .02, .04, .06, and .07 under COMAR 

31.10.19 Independent Review Organizations and Medical 

Experts. This action, which was proposed for adoption in 39:2 Md. 

R. 221 — 222 (January 27, 2012), has been adopted as proposed. 

Effective Date: April 16, 2012. 

THERESE M. GOLDSMITH 

Insurance Commissioner 
506 

MARYLAND REGISTER, VOLUME 39, ISSUE 7, FRIDAY, APRIL 6, 2012 

Errata 

COMAR 26.11.19.23 

At 38:25 Md. R. 1664 (December 2, 2011), column 1, line 9 from the 

bottom: 

 For: (a) For the purpose of determining compliance with the 

 Read: For the purpose of determining compliance with the

 At 38:25 Md. R. 1664 (December 2, 2011), column 1, line 5 from 

the bottom: 

 For: (i) For the VOC regulatory content for coatings, 

 Read: (a) For the VOC regulatory content for coatings, 

 At 38:25 Md. R. 1664 (December 2, 2011), column 2, line 1 from 

the top: 

 For: (ii) For the VOC actual content for coatings, determine 

 Read: (b) For the VOC actual content for coatings, determine 

 At 38:25 Md. R. 1664 (December 2, 2011), column 2, line 6 from 

the top: 

 For: (iii) For the VOC content for cleaning solvents, 

 Read: (c) For the VOC content for cleaning solvents, 

At 38:25 Md. R. 1664 (December 2, 2011), column 2, line 7 from 

the bottom: 

For: by weight as set forth in COMAR 26.1.32.04B. 

Read: by weight as set forth in COMAR 26.11.32.04B.

[12-07-54] 

COMAR 33.01.01 

At 38:23 Md. R. 1468 (November 4, 2011), column 2, line 6 from 

the bottom: 

For: 31.01.01 Definitions 

Read: 33.01.01 Definitions 

COMAR 33.07.07 

At 38:23 Md. R. 1469 (November 4, 2011), column 1, line 28 

from the top: 

For: 31.07.07 Challengers or Watchers

Read: 33.07.07 Challengers or Watchers

[12-07-31] 
PROPOSED ACTION ON REGULATIONS

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MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

inspection), in accordance with the requirements of §D(1) of this 

regulation. 

(4) The control device of an HMIWI shall undergo by June 15, 

2012, an initial inspection that at a minimum includes the following:

(a) Inspect air pollution control device(s) for proper 

operation, if applicable;

(b) Ensure proper calibration of thermocouples, sorbent 

feed systems, and any other monitoring equipment;

(c) Generally observe that the equipment is maintained in 

good operating condition; and

(d) Within 10 operating days following an air pollution 

control device inspection, all necessary repairs shall be completed 

unless the owner or operator obtains written approval from the 

Department establishing a date whereby all necessary repairs of the 

designated facility shall be completed.

(5) The control device of HMIWI shall undergo an inspection 

annually (within 12 months following the previous annual 

inspection), in accordance with the requirements of §D(4) of this 

regulation.

E. Compliance Schedules. A person who owns or operates a 

HMIWI subject to this regulation shall: 

(1) Comply with all the requirements of §E of this regulation 

and related 40 CFR Part 62, Subpart V revision requirements by 

June 15, 2012 or as expeditiously as practicable; or

(2) Submit to the Department and the EPA for approval, a 

compliance plan by December 15, 2011 that includes the following 

increments of progress: 

(a) Award contracts for control systems or process 

modifications or orders for purchase of components no later than 

June 15, 2012;

(b) Initiate on-site construction or installation of the air 

pollution control device(s) or process changes no later than 

December 15, 2012;

(c) Complete on-site construction or installation of control 

equipment or process changes by no later than December 15, 2013;

(d) Comply with the requirements of this regulation and 

related 40 CFR Part 62, Subpart V revision as expeditiously as 

practicable, but no later than October 6, 2014; and

(e) Complete the compliance testing within 180 days after 

the final compliance date. 

F. Compliance Based on Previous Test Results.

A person who owns or operates an HMIWI or a small rural area 

HMIWI subject to this regulation may use previous emissions tests to 

demonstrate compliance with the requirements of this regulation 

provided:

(1) The test was conducted using the applicable procedures and 

test methods listed in 40 CFR §60.56c(b) or EPA-accepted voluntary 

consensus standards;

(2) The HMIWI is to be operated in a manner (e.g., with charge 

rate, secondary chamber temperature, etc.) that would be expected to 

result in the same or lower emissions than observed during the 

previous emissions test(s); 

(3) The HMIWI has not been modified such that emissions 

would be expected to exceed (notwithstanding normal test-to-test 

variability) the results from previous emissions test(s); and 

(4) The previous emissions test(s) were conducted in 1996 or 

later.

G. HMIWI Shutdown.

(1) A person who owns or operates a HMIWI and plans to 

shutdown rather than comply with the requirements of this regulation 

and amended 40 CFR Part 60 Subpart Ce shall cease operations by

June 15, 2012, but not later than October 6, 2014, as provided in 

§§G(2) and (3) of this regulation.

(2) A request for an extension of the June15, 2012 cease 

operation deadline shall be submitted to the Department by 

December 15, 2011 and contain the following information:

(a) Documentation of the analysis undertaken to support the 

need for an extension, including a justification for the length of the 

period of the extension;

(b) An evaluation of the option to transport the waste off site 

to a commercial medical waste treatment and disposal facility on a 

temporary or permanent basis; and

(c) A plan that documents measurable and enforceable 

incremental steps of progress to be taken towards permanent facility 

closure no later than October 6, 2014.

H. Shut-Down Extension Requests for the Installation of 

Alternative Treatment Technologies. A person who owns or operates 

an HMIWI and requests an extension to install alternative treatment 

technologies shall: 

(1) Submit by December 15, 2011 a request to the Department 

to install alternative treatment technology;

(2) Initiate onsite construction or installation of alternative 

technology by December 15, 2012;

(3) Complete onsite construction or installation by December 

15, 2013; 

(4) Shut down the existing HMIWI as expeditiously as 

practicable but no later than October 6, 2014; and

(5) Render the existing HMIWI inoperative as expeditiously as 

practicable.

ROBERT M. SUMMERS, Ph.D.

Secretary of the Environment

Subtitle 11 AIR QUALITY

26.11.19 Volatile Organic Compounds from 

Specific Processes

Authority: Authority: Environment Article, §§1-101, 1-404, 2-101—2-103, 2-

301—2-303, 10-102, and 10-103, Annotated Code of Maryland 

Notice of Proposed Action

[11-345-P]

The Secretary of the Environment proposes to repeal existing 

Regulation .23 and adopt new Regulation .23 under COMAR 

26.11.19 Volatile Organic Compounds from Specific Processes. 

Statement of Purpose

The purpose of this action is to establish operating standards for 

vehicle refinishing facilities in Maryland. The regulation establishes 

VOC content limits for coatings and solvents used during the 

preparation, application, and drying phases of vehicle refinishing, 

coating application standards, work practices standards, and 

monitoring and record-keeping standards. 

This action will be submitted to the U.S. Environmental Protection 

Agency (EPA) for approval as part of Maryland‘s State 

Implementation Plan.

Background:

Since the late 1980s, the U.S. EPA has issued guidelines and 

several states have promulgated regulations that have set emissions 

standards for vehicle refinishing facilities by limiting the VOC 

content of coatings and solvents manufactured and sold for the 

purpose of vehicle refinishing and placing standards on the 

application and storage of coatings and solvents used. In 1995, 

Maryland adopted rules (COMAR 26.11.19.23 — Control of VOC 

Emissions from Vehicle Refinishing) for limiting emissions from 

automobile refinishing industries that includes coating standards and 

coating application equipment, cleanup and surface preparation, and 
PROPOSED ACTION ON REGULATIONS

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MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

monitoring and reporting requirements that reflect the standards 

similar to those in the U.S. EPA control technique guidelines for 

vehicle refinishing. The proposed regulation, which is based on a 

model rule developed by the Ozone Transport Commission (OTC) 

places more stringent standards on VOC content limits for auto 

refinishing coatings, controls on emissions from equipment cleaning, 

use of coating application methods, record keeping, maintenance 

activities, and operator training.

Sources Affected and Location: 

The proposed regulation applies to auto body and repair facilities, 

fleet operator repair and paint facilities, and new and used auto dealer 

repair and paint facilities located in Maryland. 

Requirements:

The proposed regulation establishes the following standards and 

limits as of July 1, 2013:

VOC content limits. All affected facilities must use coatings and 

cleaning solvents that meet specific VOC limits as specified in the 

regulation, minus water and exempt compounds. The specific VOC 

content limits for coatings range from 60 g/L (0.5 lbs/gal) for 

temporary protective coatings to 680 g/L (5.7 lbs/gal) for multicolor 

coatings. The VOC content limit for cleaning solvents (other than 

bug and tar removers) is 25 g/L (0.21 lbs/gal). The VOC content limit 

for bug and tar removers is 40 percent VOC by weight.

Application equipment standards. All affected facilities must use 

one of the following application methods when applying an 

automotive coating:

• Flow or curtain coating;

• Dip coating;

• Brush Coating;

• Cotton-tipped swab application;

• Electrodeposition coating;

• High volume-low pressure (HVLP) spraying;

• Electrostatic spray;

• Airless spray; or

• An alternative spray equipment coating application method.

Work practice standards. Affected facilities must clean spray gun 

equipment used to apply automotive coatings and handle automotive 

coatings and solvents in accordance with the regulation. 

Operator training. Owners and operators of affected facilities that 

implement a training program must include work practice standards 

and training measures as specified in the regulation. 

Compliance and record keeping. All affected facilities are required 

to keep extensive records on the amount of each coating used, its 

VOC content, purchase records, etc.

Additional requirements include labeling requirements for 

automotive coatings, automotive coating components, and cleaning 

solvents in addition to product dating requirements for labels affixed 

to coating containers or packaging. 

Expected Emissions Reductions:

Based upon calculations and emissions estimates by the 

Department, the proposed regulation has an estimated Statewide 

VOC emissions reduction potential of 65 percent from the vehicle 

refinishing category of the current baseline emissions inventory. 

Maryland‘s 2002 baseline emissions inventory indicates that VOC 

emissions from vehicle refinishing total 3.7 tons/day. The proposed 

regulation will reduce 2.4 tons/day of VOC emissions through 

implementation of the coating limits and standards that have been 

established in the OTC Model Rule for Motor Vehicle and Mobile 

Equipment Refinishing and Recoating.

Comparison to Federal Standards

In compliance with Executive Order 01.01.1996.03, this proposed 

regulation is more restrictive or stringent than corresponding federal 

standards as follows:

(1) Regulation citation and manner in which it is more 

restrictive than the applicable federal standard:

The VOC content limits for coating and cleaning solvents, 

along with others requirements such as work practice, operator 

training, compliance, and record-keeping standards in the proposed 

regulation are more stringent than those found in 40 CFR Part 59, 

Subpart B — National Volatile Organic Compound Emission 

Standards for Automobile Refinish Coatings.

(2) Benefit to the public health, safety, or welfare, or the 

environment:

The use and implementation of compliant low-VOC

automotive coatings and cleaning solvents coupled with stringent 

application and work practice standards is expected to reduce VOC 

emissions from vehicle refinishing operations through the use of 

coatings with less toxic compounds. The proposed regulation will 

reduce VOCs in Maryland. VOCs in combination with NOx and 

intense sunlight form ground-level ozone, which is a significant 

summertime air pollutant. 

(3) Analysis of additional burden or cost on the regulated 

person:

The additional burden or cost on regulated sources is expected 

to be minimal. The Maryland Department of the Environment found 

a significant number of auto refinishing coatings and cleaning 

solvents that are currently available which comply with the standards 

in the proposed regulation. A significant number of compliant 

coatings can be applied using several application methods which are 

compatible with the workflow of many auto body and collision repair 

paint shops, and are currently being used by shops in the State and 

nationwide. The effective date of the proposed regulation (July 1, 

2013) coupled with the sell-through and alternative compliance 

provisions found in the regulation provide retailers, distributors, auto

body and collision repair shops, and other affected sources flexibility 

to reduce or offset implementation costs. 

Some small businesses, specifically auto repair and refinishing 

operations may initially incur additional costs due to equipment 

upgrades, additional operator training, and/or switching to lowsolvent or waterborne coatings in order to comply with the limits and 

standards in the proposed regulation. Based on survey data compiled 

by the California Air Resources Board (CARB) in their 2005 SCM 

Staff Report, the compliance costs would average $2,320 per facility 

with an average annualized compliance cost of $1,022 per facility.

Regulated sources may experience a small, short-term increase 

in compliance costs as a result of the proposed regulation. These 

costs should likely be absorbed by regulated sources without a 

significant effect on employment, business competitiveness, or added 

costs to consumers. 

(4) Justification for the need for more restrictive standards:

In addition to public health benefits resulting from the use of 

coatings with less toxic compounds, the proposed regulation has an 

estimated Statewide VOC emissions reduction potential of 65 percent 

from the vehicle refinishing category of the current baseline 

emissions inventory based upon analysis by the Department . 

Maryland‘s 2002 baseline emissions inventory indicates that VOC 

emissions from vehicle refinishing total 3.7 tons/day. The proposed 

regulation will reduce 2.4 tons/day of VOC emissions through 

implementation of the coating limits and standards that have been 

established in a multi-state model rule (Motor Vehicle and Mobile 

Equipment Refinishing and Recoating) developed through the Ozone 

Transport Commission (OTC). 
PROPOSED ACTION ON REGULATIONS

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MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

Estimate of Economic Impact

I. Summary of Economic Impact.

Economic Impact on Affected Sources and the Department:

Some affected sources, specifically auto repair and refinishing 

operations in the State, may be impacted by additional costs due to 

initial equipment upgrades, additional operator training, and/or 

switching to low-solvent or waterborne coatings in order to comply 

with the limits and standards in the proposed regulation.

There will be no additional impact on the Department as a result 

of this regulation.

Economic Impact on Small Businesses:

Some small businesses, specifically auto repair and refinishing 

operations, may initially incur additional costs due to equipment 

upgrades, additional operator training, and/or switching to lowsolvent or waterborne coatings in order to comply with the limits and 

standards in the proposed regulation. Based on survey data compiled 

by CARB in the 2005 SCM Staff Report., the compliance costs 

would average $2,320 per facility with an average annualized 

compliance cost of $1,022 per facility. The Department expects the 

costs associated with compliance to decrease with the increasing 

availability of compliant automotive coatings and applications 

equipment which have been used in auto repair and refinishing 

facilities in states such as California for several years.

Revenue (R+/R-)

II. Types of Economic 

Impact.

Expenditure 

(E+/E-) Magnitude

A. On issuing agency: NONE

B. On other State 

agencies: NONE

C. On local 

governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated 

industries or trade groups: (-) $2,320 per facility

E. On other industries or 

trade groups: NONE

F. Direct and indirect 

effects on public: (+)

2.4 tons/day of VOC 

reductions

III. Assumptions. (Identified by Impact Letter and Number from 

Section II.)

D. Based on survey data compiled by CARB in the 2005 SCM 

Staff Report, the compliance costs would average $2,320 per facility 

with an average annualized compliance cost of $1,022 per facility. 

The Department expects the costs associated with compliance to 

decrease with the increasing availability of compliant automotive 

coatings and applications equipment which have been used in auto 

repair and refinishing facilities in states such as California for several 

years.

F. Based upon calculations and emissions estimates by the 

Department, the proposed regulation has an estimated Statewide 

VOC emissions reduction potential of 65 percent from the vehicle 

refinishing category of the current baseline emissions inventory. 

Maryland’s 2002 baseline emissions inventory indicates that VOC 

emissions from vehicle refinishing total 3.7 tons/day. The proposed 

regulation will reduce 2.4 tons/day of VOC emissions through 

implementation of the coating limits and standards that have been 

established in the OTC Model Rule for Motor Vehicle and Mobile 

Equipment Refinishing and Recoating.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small 

businesses.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities 

as follows:

This action will have a positive impact on individuals with 

disabilities involving respiratory problems by reducing air pollutants 

that contribute to disease.

Opportunity for Public Comment

The Department of the Environment will hold a public hearing on 

the proposed action on January 11, 2012 at 10 a.m. at the Department 

of the Environment, 1800 Washington Boulevard, 1st Floor 

Conference Rooms, Baltimore, Maryland 21230-1720. Interested 

persons are invited to attend and express their views. Comments may 

be sent to Deborah Rabin, Regulations Coordinator, Air and 

Radiation Management Administration, Department of the 

Environment, 1800 Washington Boulevard, Suite 730, Baltimore, 

Maryland 21230-1720, or emailed to drabin@mde.state.md.us. 

Comments must be received not later than January 11, 2012, or be 

submitted at the hearing. For more information, call Deborah Rabin 

at (410) 537-3240.

Copies of the proposed action and supporting documents are 

available for review at the following locations: The Air and Radiation 

Management Administration; regional offices of the Department in 

Cumberland and Salisbury; all local air quality control offices; and 

local health departments in those counties not having separate air 

quality control offices.

Anyone needing special accommodations at the public hearing 

should contact the Department‘s Fair Practices Office at (410) 537-

3964. TTY users may contact the Department through the Maryland 

Relay Service at 1-800-735-2258.

.23 Control of VOC Emissions from Vehicle Refinishing. 

A. Definitions.

(1) In this regulation, the following terms have the meanings 

indicated.

(2) Terms Defined.

(a) ―Airless spray‖ means a spray coating method in which 

the coating is:

(i) Atomized by forcing it through a small nozzle at high 

pressure; and

(ii) Not mixed with air before exiting from the nozzle 

opening.

(b) Associated Parts and Components.

(i) ―Associated parts and components‖ means a 

structure, device, piece, module, section, assembly, subassembly, or 

element of a motor vehicle or mobile equipment that is designed to be 

a part of the motor vehicle or mobile equipment but which is not 

attached to the motor vehicle or mobile equipment at the time of 

coating the structure, device, piece, module, section, assembly, 

subassembly, or element.

(ii) ―Associated parts and components‖ does not include 

circuit boards.

(c) Automotive Coating.

(i) ―Automotive coating‖ means a coating or coating 

component used or recommended for use in motor vehicle or mobile 
PROPOSED ACTION ON REGULATIONS

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MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

equipment refinishing, service, maintenance, repair, restoration, or 

modification.

(ii) ―Automotive coating‖ includes any reference to 

automotive refinishing or automotive coating recommended for use in 

motor vehicle or mobile equipment refinishing on the container or in 

product literature.

(iii) ―Automotive coating‖ does not include metal plating 

activities.

(d) Automotive Coating Component.

(i) ―Automotive coating component‖ means a portion of 

a coating, including a reducer or thinner, toner, hardener, or 

additive that is recommended by a person to distributors or end-users 

for use in an automotive coating, or which is supplied for use in an 

automotive coating.

(ii) ―Automotive coating component‖ does not include 

raw materials used to produce the components.

(e) ―Automotive pretreatment coating‖ means a coating 

that:

(i) Contains a minimum of 0.5 percent acid by weight and 

not more than 16 percent solids by weight necessary to provide 

surface etching; and

(ii) Is labeled and formulated for application directly to 

bare metal surfaces to provide corrosion resistance and adhesion.

(f) ―Automotive primer‖ means a coating labeled and 

formulated for application to a substrate to provide one or more of 

the following:

(i) A bond between the substrate and subsequent coats;

(ii) Corrosion resistance;

(iii) A smooth substrate surface; and

(iv) Resistance to penetration of subsequent coats, and on 

which a subsequent coating is applied.

(g) Automotive Refinishing Facility.

(i) ―Automotive refinishing facility‖ means a shop, 

business, location, or parcel of land where motor vehicles or mobile 

equipment or their associated parts and components are coated, 

including auto body collision repair shops.

(ii) ―Automotive refinishing facility‖ does not include the 

original equipment manufacturing plant where the new motor vehicle 

or new mobile equipment is completely assembled.

(h) ―CARB‖ means the California Air Resources Board.

(i) Cleaning Solvent.

(i) ―Cleaning solvent‖ means a fluid containing VOC 

used to perform surface preparation, or cleaning of surface coating 

equipment.

(ii) ―Cleaning solvent‖ does not include thinners, 

reducers or other solvents that may be used to adjust the solvent 

content of coatings.

(j) Color Coating.

(i) ―Color coating‖ means a pigmented coating, 

excluding promoters, primers, and multicolor coatings that requires 

a subsequent clear coating and which is applied over a primer, 

adhesion promoter, or color coating.

(ii) ―Color coating‖ includes metallic/iridescent color 

coatings.

(k) ―Electrostatic spray‖ means the application of charged 

atomized paint droplets that are deposited by electrostatic attraction.

(l)‖Exempt compound‖ means a compound identified as 

exempt under the definition of volatile organic compound (VOC) 

under COMAR 26.11.01.01B(53).

(m) ―Graphic arts operation‖ means the application of 

logos, letters, numbers, or graphics to a painted surface by brush, 

roller, or airbrush.

(n) ―Metallic/iridescent color coating‖ means a coating 

that:

(i) Exhibits more than one color in the dried film after a 

single application;

(ii) Is packaged in a single container;

(iii) Hides surface defects on areas of heavy use; and

(iv) Is applied over a primer or adhesion promoter.

(o) ―Mobile equipment‖ means any equipment which may 

be drawn or is capable of being drawn or driven on a roadway or 

rails including but not limited to:

(i) Automobiles;

(ii) Trucks, truck cabs, truck bodies, and truck trailers;

(iii) Buses;

(iv) Motorcycles;

(v) Utility bodies;

(vi) Camper shells;

(vii) Mobile cranes;

(viii) Bulldozers;

(ix) Street cleaners;

(x) Golf carts;

(xi) Ground support vehicles, used in support of aircraft 

activities at airports;

(xii) Implements of husbandry or agriculture and farming 

equipment; and

(xiii) Trains and railcars.

(p) Single-Stage Coating.

(i) ―Single-stage coating‖ means a pigmented coating, 

excluding primers and multicolor coatings, labeled and formulated 

for application without a subsequent clear coat.

(ii) ―Single-staged coating‖ includes single-stage 

metallic/iridescent coatings.

(q) ―Spot repair‖ means repair of an area of less than one 

panel in size on a motor vehicle, piece of mobile equipment, or 

associated parts or components.

(r) ―Temporary protective coating‖ means a coating labeled 

and formulated for the purpose of temporarily protecting areas from 

overspray or mechanical damage.

(s) ―Truck bed liner coating‖ means a coating, excluding 

clear, color, multicolor, and single-stage coatings, labeled and 

formulated for application to a truck bed to protect it from surface 

abrasion.

(t) ―Underbody coating‖ means a coating labeled and 

formulated for:

(i) Application to wheel wells;

(ii) The inside of door panels or fenders;

(iii) The underside of a truck or hood; or

(iv) The underside of a motor vehicle. 

(u) ―Vehicle refinishing‖ means the activity of recoating a 

motor vehicle, mobile equipment or parts of a motor vehicle or 

mobile equipment.

B. Test Methods. The following test methods shall be used for the 

purpose of demonstrating compliance with the provisions of this 

regulation.

(1) VOC Content of Coatings and Solvents. The VOC content of 

automotive components, automotive coatings, and solvents shall be 

determined by either U.S. EPA Reference Method 24 as it exists in 

Appendix A of 40 CFR Part 60, ―Determination of Volatile Matter 

Content, Water Content, Density, Volume Solids, and Weight Solids 

of Surface Coatings or South Coast Air Quality Management District

(SCAQMD) Method 304-91 ―Determination of Volatile Organic 

Compounds (VOC) in Various Materials‖.

(2) Exempt Organic Compounds – Methyl Acetate, Acetone, tButyl Acetate, and p-Chlorobenzotrifluoride (PCBTF). The 

concentration of the exempt organic compounds methyl acetate, 

acetone, t-butyl acetate, and PCBTF shall be determined by ASTM 

Designation: D 6133-02, ―Standard Test Method for Acetone, pChlorobenzotrifluoride, Methyl Acetate or t-Butyl Acetate Content of 
PROPOSED ACTION ON REGULATIONS

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MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

Solventborne and Waterborne Paints, Coatings, Resins, and Raw 

materials by Direct Injection Into a Gas Chromatograph‖.

(3) Exempt Organic Compounds – Dichloromethane and 

1,1,1,-Trichloroethane. The concentration of the exempt organic 

compounds dichloromethane and 1,1,1-trichloroethane shall be 

determined by California Air Resources Board (CARB) Method 432, 

―Determination of Dichloromethane and 1,1,1,-Trichloroethane in 

Paints and Coatings‖, adopted September 12, 1989.

(4) Exempt Organic Compounds. The concentration of exempt 

compounds shall be determined by either CARB Method 422, 

―Determination of Volatile Organic Compounds in Emissions from 

Stationary Sources‖ (adopted January 22, 1987) or SCAQMD 

Method 303-91, ―Determination of Exempt Compounds (Approved 

February 1993).

(5) Acid Content of Coatings. The acid content of pretreatment 

coatings shall be determined by ASTM Designation: D 1613-03, 

―Standard Test Method for Acidity in Volatile Solvents and Chemical 

Intermediates Used in Paint, Varnish, Lacquer, and Related 

Products‖ (October 2003).

(6) Metallic Content of Coatings. The metallic content of a 

coating shall be determined by South Coast Air Quality Management 

District (SCAQMD) Method 318-95, ―Determination of Weight 

Percent Elemental Metal in Coatings by X-Ray Diffraction‖, 

(Approved July 1996).

(7) Spray Equipment Transfer Efficiency. The spray equipment 

transfer efficiency shall be determined by SCAQMD Test Procedure, 

―Spray Equipment Transfer Efficiency Test Procedure for Equipment 

User‖, (Approved May 24, 1989).

(8) Spray Equipment HVLP Equivalency. The spray equipment 

HVLP equivalency shall be determined by SCAQMD Guidelines, 

―Guidelines for Demonstrating Equivalency with District Approved 

Transfer Efficient Spray Guns‖, (September 26, 2002).

(9) Spray Gun Cleaning System. The active and passive solvent 

losses from the use of an enclosed spray gun cleaning system or 

equivalent cleaning system shall be determined by SCAQMD Method, 

―General Test Method for Determining Solvent Losses from Spray 

Gun Cleaning Systems‖, (October 3, 1989).

(10) Emission Control System – Capture Efficiency. The 

measurement of capture efficiency shall be conducted and reported in 

accordance with one or both of the following:

(a) U.S. EPA Technical Document, ―Guidelines for 

Determining Capture Efficiency‖ (issued January 9, 1995); or

(b) 40 CFR 51, Appendix M, Methods 204-204f.

(11) Emission Control System – Control Efficiency. The control 

efficiency shall be determined in accordance with one or more of the 

following:

(a) U.S EPA Reference Method 25, ―Determination of Total 

Gaseous Nonmethane Organic Emissions as Carbon‖ as it exists in 

Subpart D, Appendix A of 40 CFR 60;

(b) U.S EPA Reference Method 25A, ―Determination of 

Total Gaseous Organic Concentration Using a Flame Ionization 

Analyzer‖ as it exists in Subpart D, Appendix A of 40 CFR 60; and

(c) U.S EPA Reference Method 25B, ―Determination of 

Total Gaseous Organic Concentration Using a Nondispersive 

Infrared Analyzer‖ as it exists in Subpart D, Appendix A of 40 CFR 

60.

C. Incorporation by Reference. In this regulation, the following 

documents are incorporated by reference.

(1) U.S. EPA Reference Method 24: Determination of Volatile 

Matter Content, Water Content, Density, Volume Solids, and Weight 

Solids of Surface Coatings (40 CFR Part 60 Appendix A).

(2) SCAQMD Method 304-91: ―Determination of Volatile 

Organic Compounds (VOC) in Various Materials‖.

(3) ASTM Designation D 6133-02: ―Standard Test Method for 

Acetone, p-Chlorobenzotrifluoride, Methyl Acetate or t-Butyl Acetate 

Content of Solvent borne and Waterborne Paints, Coatings, Resins, 

and Raw materials by Direct Injection Into a Gas Chromatograph‖.

(4) CARB Method 432: ―Determination of Dichloromethane 

and 1,1,1,-Trichloroethane in Paints and Coatings‖(adopted 

September 12, 1989).

(5) CARB Method 422: ―Determination of Volatile Organic 

Compounds in Emissions from Stationary Sources‖ (adopted January 

22, 1987).

(6) SCAQMD Method 303-91: ―Determination of Exempt 

Compounds‖ (approved February 1993).

(7) ASTM Designation D 1613-03: ―Standard Test Method for 

Acidity in Volatile Solvents and Chemical Intermediates Used in 

Paint, Varnish, Lacquer, and Related Products‖.

(8) SCAQMD Method 318-95: ―Determination of Weight 

Percent Elemental Metal in Coatings by X-Ray Diffraction‖

(approved July 1996).

(9) SCAQMD Test Procedure: Spray Equipment Transfer 

Efficiency Test Procedure for Equipment User, approved May 24, 

1989.

(10) SCAQMD Guidelines for Demonstrating Equivalency with 

District Approved Transfer Efficient Spray Guns, September 26, 

2002.

(11) SCAQMD ―General Test Method for Determining Solvent 

Losses from Spray Gun Cleaning Systems‖ (dated October 3, 1989).

(12) U.S. EPA Technical Document: ―Guidelines for 

Determining Capture Efficiency‖ (January 9, 1995).

(13) 40 CFR 51, Appendix M: Methods 204-204f.

(14) U.S EPA Reference Method 25: ―Determination of Total 

Gaseous Nonmethane Organic Emissions as Carbon, (40 CFR 60 

Subpart D, Appendix A).

(15) U.S EPA Reference Method 25A: ―Determination of Total 

Gaseous Organic Concentration Using a Flame Ionization Analyzer‖

(40 CFR 60 Subpart D, Appendix A).

(16) U.S EPA Reference Method 25B, ―Determination of Total 

Gaseous Organic Concentration Using a Nondispersive Infrared 

Analyzer‖ (40 CFR 60 Subpart D, Appendix A).

D. Applicability and Exemptions.

(1) Except as provided in §D(2) of this regulation, the 

provisions of this regulation apply to a person who, on or after July 

1, 2013:

(a) Supplies, sells, offers for sale, or distributes an 

automotive coating or cleaning solvent for use within the State;

(b) Manufactures an automotive coating or cleaning solvent 

for use within the State; or

(c) Uses or applies an automotive coating or cleaning 

solvent within the State.

(2) This regulation does not apply to the following products:

(a) An automotive coating or cleaning solvent that is offered 

for sale, sold, or manufactured for: 

(i) Use outside of the State; or

(ii) Shipment to other manufacturers for reformulation or 

repackaging;

(b) An aerosol coating product;

(c) An automotive coating that is sold, supplied, or offered 

for sale in 0.5 fluid ounce or smaller containers intended to be used 

by the general public to repair minor surface imperfections;

(d) A coating applied to motor vehicles or mobile equipment 

or their associated parts and components during original equipment 

manufacture on an assembly line;

(e) An automotive coating used in a surface coating process 

that is subject to Regulation .03 of this chapter; or

(f) An automotive coating applied to motor vehicles or 

mobile equipment or their associated parts and components by a 

person who does not receive compensation for the application of the 

coating.
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MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

(3) The application requirements specified in §G of this 

regulation do not apply to:

(a) Graphics arts operations;

(b) Use of less than one fluid ounce of a coating; or

(c) The application of:

(i) Underbody coatings; and

(ii) Truck bed liner coatings.

E. General Requirements and Standards.

(1) VOC Content Limits.

(a) Except as provided in this regulation, effective July 1, 

2013, a person who is subject to this regulation may not supply, sell, 

offer for sale, distribute, or manufacture for use within the State an 

automotive coating or cleaning solvent with a VOC content in excess 

of the corresponding limit specified in Table 1 of §E(1) or in §E(5) of 

this regulation.

(b) A person may not use or apply to a motor vehicle, mobile 

equipment, or associated parts and components, an automotive 

coating or cleaning solvent for vehicle refinishing that exceeds the 

VOC content specified in Table 1 of §E(1) or in §E(5) of this 

regulation.

Table 1. VOC Content Limits for Automotive Coatings for 

Motor Vehicle and Mobile Equipment Non-assembly Line 

Refinishing and Recoating.

VOC Content 

Limit of 

Coatings as 

Applied*

Coating Category Pounds 

per 

gallon

Grams 

per 

liter

Adhesion promoter 4.5 540

Automotive pretreatment coating 5.5 660

Automotive primer 2.1 250

Clear coating 2.1 250

Color coating, including metallic/iridescent 

color coating

3.5 420

Multicolor coating 5.7 680

Other automotive coating type 2.1 250

Single-stage coating, including single-stage 

metallic/iridescent coating

2.8 340

Temporary protective coating 0.5 60

Truck bed liner coating 1.7 200

Underbody coating 3.6 430

* The VOC content is determined as the weight of volatile 

compounds (prepared to manufacturer’s maximum VOC content), 

less water and exempt compounds, as specified in §E(2) of this 

regulation.

(2) Calculation of VOC Content.

(a) For the purpose of determining compliance with the 

VOC content limits in §E(1) of this regulation, the VOC content of an 

automotive coating shall be determined by using the following 

procedures, as applicable:

(i) For the VOC regulatory content for coatings, 

determine the VOC content in units of grams of VOC per liter of 

coating less water and exempt compounds using the following 

equation:

VOC regulatory content = (Wv - Ww - Wec) / (Vm - Vw - Vec)

(ii) For the VOC actual content for coatings, determine 

the VOC content in units of grams of VOC per liter of coating 

including the volume of any water, exempt compounds and VOC 

solvent using the following equation:

VOC actual content = (Wv - Ww - Wec) / (Vm)

(iii) For the VOC content for cleaning solvents, 

determine the VOC content in units of grams of VOC per liter of 

solvent using the following equation:

VOC content = (Wv - Ww - Wec) / (Vm)

Where:

VOC content (or actual) = grams of VOC per liter of coating;

Wv = weight of total volatiles, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams;

Vm = volume of material (coating or cleaning solvent, including 

water, exempt compounds, and added solvent) in liters;

Vw = volume of water, in liters; and

Vec = volume of exempt compounds, in liters;

(3) Most Restrictive VOC Limit. If anywhere on the container 

of an automotive coating, label or sticker affixed to the container, or 

in any sales, advertising, or technical literature supplied by a 

manufacturer or anyone acting on behalf of a manufacturer, any 

representation is made that indicates that the coating meets the 

definition of or is recommended for use for more than one of the 

coating categories listed in §E(1) of this regulation, then the most 

restrictive VOC content limit applies.

(4) Alternative Compliance.

(a) A person subject to this regulation may achieve 

compliance with the requirements of this regulation through use of an 

emission control device that has been approved in writing by the 

Department which achieves an overall emission control efficiency of 

85 percent or greater, as determined in accordance with §B(10) and 

(11) of this regulation.

(b) The approved emission control device shall be 

maintained and used in proper working condition at all times.

(c) A source is in violation if the measured VOC emissions, 

as measured by any of the test methods specified in §B(11)(a)—(c) of 

this regulation, exceed the standards specified in §E(4)(a)—(b) of 

this regulation.

(d) A person subject to this regulation shall not 

manufacture, blend, repackage for sale, supply, sell, offer for sale, or 

distribute for use within the State an automotive coating with a VOC 

content in excess of the limits specified in Table 1 of §E(1) of this 

regulation unless the automotive coating is used exclusively within an 

emission control system approved under §E(4)(a)—(b) of this 

regulation.

(5) VOC Content Limits for Cleaning Solvents.

(a) A person may not use or apply to a motor vehicle, mobile 

equipment, or associated parts and components, a cleaning solvent 

other than for bug and tar removal with a VOC content greater than 

25 grams per liter.

(b) For cleaning solvents used for bug and tar removal, a 

person may not use or apply to a motor vehicle, mobile equipment, or 

associated part a bug and tar remover greater than 40 percent VOC 

by weight as set forth in COMAR 26.1.32.04B.

F. Prohibitions. A person may not possess the following at a nonassembly line motor vehicle or mobile equipment coating operation:

(1) An automotive coating that is not in compliance with the 

VOC content limits specified in §E(1) of this regulation;

(2) An automotive coating not for use with an approved 

emission control device; or
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MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

(3) A cleaning solvent that does not meet the limits specified in 

§E(5) of this regulation.

G. Coating Application Methods.

(1) Beginning July 1, 2013, a person may not apply an 

automotive coating subject to this regulation to a motor vehicle, 

mobile equipment, or associated parts and components unless one or 

more of the following application methods is used:

(a) Flow or curtain coating;

(b) Dip coating;

(c) Roller coating;

(d) Brush coating;

(e) Cotton-tipped swab application;

(f) Electrodeposition coating;

(g) High volume-low pressure (HVLP) spraying;

(h) Electrostatic spray;

(i) Airless spray; or

(j) An alternative spray equipment coating application 

method.

(2) A person who uses an alternative spray equipment coating 

application method must demonstrate to the satisfaction of the 

Department that the transfer efficiency is equivalent to or higher than 

HVLP or electrostatic spray application methods using the spray 

equipment transfer efficiency methods under §B(7) and (8) of this 

regulation based on the following:

(a) The manufacturer’s published technical material on the 

design of the spray equipment; and

(b) The operation of the spray equipment using an air 

pressure tip gauge from the manufacturer of the spray equipment.

(3) The report of the demonstration shall be submitted in 

writing to the Department for approval.

(4) An alternative spray coating application method, or an 

alternative coating application method other than spray application 

methods, that has been approved by CARB or a California air district 

for use in applying non-assembly line automotive coatings may also 

be approved to comply with this regulation, as applicable.

H. Work Practice Standards.

(1) Spray guns used to apply automotive coating components or 

automotive coatings shall be cleaned by one or a combination of the 

following:

(a) A fully enclosed spray gun cleaning system that is kept 

closed when not in use and is maintained in accordance with the 

requirements of §L(1)(a)—(c) of this regulation;

(b) Unatomized discharge of solvent into a paint waste 

container that is kept closed when not in use;

(c) Disassembly of the spray gun and cleaning in a vat that 

is kept closed when not in use; or

(d) Atomized spray into a paint waste container that is filled 

with a device designed to capture atomized mist or spray solvent 

emissions.

(2) The owner or operator of an automotive refinishing facility 

or non-assembly line operation subject to this regulation shall 

implement the following work practice standards and training 

measures:

(a) Fresh and used automotive coating components, 

automotive coatings, solvents, and cleaning solvents shall be stored 

in vaportight, nonabsorbent, nonleaking containers that shall be kept 

closed at all times except when filling or emptying;

(b) Cloth or paper, or absorbent applicators, moistened with 

automotive coatings components, automotive coatings, solvents, or 

cleaning solvents shall be stored in closed, vaportight, nonabsorbent, 

nonleaking containers;

(c) Handling and transfer procedures to minimize spills 

during the transfer of automotive coating components, automotive 

coatings, solvents, and cleaning solvents; and

(d) Ensure that a person who uses or applies automotive 

coating components, automotive coatings, solvents, or cleaning 

solvents has completed training in the proper use and handling of the 

automotive coating components, automotive coatings, solvents, and 

waste products in order to minimize the emission of air contaminants 

and to comply with the provisions of this regulation.

I. Compliance Procedures and Monitoring Requirements.

(1) Compliance Statement Requirements.

(a) For each automotive coating product or automotive 

coating component product, a manufacturer and repackager who is 

subject to the provisions of this regulation shall include the following 

information on product data sheets or an equivalent documentation:

(i) The VOC actual content and VOC regulatory content, 

as supplied, for the coating product or coating component product, 

expressed in grams per liter, calculated in accordance with 

§E(2)(a)(i) and (ii) of this regulation;

(ii) The weight percent of volatiles, water, and exempt 

compounds;

(iii) The volume percent of water and exempt compounds; 

and

(iv) The density of the material (in grams per liter).

(b) For each ready to spray mixture (based on the 

manufacturer’s and repackager’s stated mix ratio) product, the 

manufacturer and repackager shall include the following information 

on product data sheets or an equivalent documentation:

(i) The VOC actual content and the VOC regulatory 

content, as applied, for the coating product or coating component 

product, expressed in grams per liter;

(ii) The weight percent of volatiles, water, and exempt 

compounds;

(iii) The volume percent of water and exempt compounds; 

and

(iv) The density of the material (in grams per liter).

(c) The manufacturer and repackager of cleaning solvents 

subject to this regulation shall include the VOC content of the 

cleaning solvents as supplied, calculated in accordance with the 

requirements of §E(2)(a)(iii) of this regulation, expressed in grams 

per liter, on product data sheets or an equivalent documentation.

(2) Container Labeling Requirements. The manufacturer and 

repackager of automotive coatings or automotive coating 

components shall include the following information on all containers 

or on a label affixed to the container:

(a) The applicable use category or categories;

(b) The VOC actual content of the coating or coating 

component, as supplied, calculated in accordance with the 

requirements of §E(2)(a)(ii of this regulation) and expressed in 

grams per liter;

(c) The VOC regulatory content of the coating or coating 

component as supplied, calculated in accordance with the 

requirements of §E(2)(a)(i) of this regulation and expressed in grams 

per liter; and

(d) The manufacturer and repackager of cleaning solvents 

subject to this rule shall include on all containers, or on a label 

affixed to the container, the VOC content for cleaning solvents, as 

supplied, calculated in accordance with the requirements of 

§E(2)(a)(iii of this regulation) and expressed in grams per liter.

J. Record Keeping.

(1) Record-Keeping Requirements for Coatings, Coating 

Components and Solvents. A person who uses automotive coatings, 

automotive coating components, ready-to-spray coatings (based on 

the manufacturer’s stated mix ratio), or cleaning solvents subject to 

this regulation shall maintain and have available at all times, the 

following:

(a) A current list of all coatings, coating components and 

cleaning solvents used that are subject to this regulation which 
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MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011

includes the following information for each coating, coating 

component and cleaning solvent: 

(i) Whether the material is a coating, coating component, 

or cleaning solvent;

(ii) Coating, coating component or cleaning solvent name 

and manufacturer;

(iii) Application method;

(iv) Coating type;

(v) The mix ratio specific to the coating, coating 

component or cleaning solvent; and

(vi) The VOC actual content and VOC regulatory content 

as applied, for each ready to spray or ready to apply coating or 

cleaning solvent and copies of data sheets documenting how the as 

applied values were determined;

(b) The VOC actual content and VOC regulatory content as 

supplied and copies of current manufacturer specification sheets, 

product data sheets, material safety data sheets, technical data 

sheets, or air quality data sheets documenting the as supplied value; 

and

(c) Purchase records identifying the following;

(i) The coating type;

(ii) Coating, coating component, or cleaning solvent 

name; and

(iii) Volume purchased of the coating, coating component 

or cleaning solvent.

(2) Record-Keeping Requirements for Emission Control 

Systems. A person using an emission control system shall maintain 

daily records of the following key system operating parameters which 

demonstrate continuous operation and compliance of the emission 

control system during periods of VOC emission producing activities:

(a) Temperatures;

(b) Pressure drops; and

(c) Air flow rates.

(3) The records under this regulation shall be maintained for 

not less than 3 years and made available to the Department upon 

request.

K. Administrative Requirements.

(1) Product Dating.

(a) A manufacturer of an automotive coating subject to this 

regulation shall clearly display on each automotive coating 

container, on a label affixed to the container or on the package, the 

month and year on which the automotive coating was manufactured 

or code indicating that date.

(b) A manufacturer who uses the following code to indicate 

the date of manufacture will not be subject to the requirements of 

§K(2)(b) of this regulation if the code is represented separately from 

other codes on the automotive coating container, label or package so 

that it is easily recognizable:

YY DDD

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‖).

(c) The product date or date-code specified in this 

regulation shall be displayed on each automotive coating container, 

label or package no later than 30 days before the automotive coating 

is supplied, sold, offered for sale or distributed in the State.

(d) The date or date-code information shall be located on 

the automotive coating container, label or package so that it is 

readily observable without irreversibly disassembling a part of the 

container or packaging.

(e) For the purposes of this section, information may be 

displayed on the bottom of a container if it is clearly legible without 

removing any product packaging.

(f) The requirements of this section do not apply to 

automotive coatings containing no VOCs.

(2) Additional Product Dating Requirements.

(a) If a manufacturer uses a code indicating the month and 

year of manufacture for an automotive coating subject to this 

regulation, an explanation of the code must be filed with the 

Department no later than 30 days before the automotive coating is 

supplied, sold, offered for sale or distributed in the State.

(b) If a manufacturer changes a code indicating the month 

and year of manufacture for an automotive coating subject to 

§K(2)(a) of this regulation, an explanation of the modified code must 

be submitted to the Department before products displaying the 

modified code are supplied, sold, offered for sale or distributed in the 

State.

(c) A person may not erase, alter, deface or otherwise 

remove or make illegible a date or code indicating the month and 

year of manufacture from a regulated product container without the 

express authorization of the manufacturer.

(d) Date code explanations for codes indicating the month 

and year of manufacture are public information and may not be 

claimed as confidential.

(3) Sell-Through of Products. An automotive coating, coating 

component or cleaning solvent subject to this regulation 

manufactured before July 1, 2013 may be supplied, sold, offered for 

sale, or distributed in the State if the product meets the following:

(a) The automotive coating, coating component or cleaning 

solvent complied with the standards in effect at the time the product 

was manufactured; and

(b) The automotive coating, coating component or cleaning 

solvent meets the product dating requirements of §K(1) of this 

regulation.

L. Testing Requirements.

(1) Testing Requirements for Spray Gun Cleaning Systems.

(a) Active and passive losses from the use of an enclosed 

spray gun cleaning system or equivalent cleaning system shall be 

determined in accordance with the test methods listed in §B(9) of this 

regulation.

(b) The test solvent for this determination shall be a lacquer 

thinner with a minimum vapor pressure of 105 mm of mercury at 

20oC.

(c) The minimum test temperature shall be 15oC.

(2) Alternative Test Methods. The use of other test methods 

which are determined to be equivalent or better and which are 

approved in writing by the Department and the Administrator of the 

U.S. EPA may be used in place of the test methods specified in this 

regulation.

ROBERT M. SUMMERS, Ph.D.

Secretary of the Environment
TECHNICAL SUPPORT DOCUMENT

Department of the Environment 

COMAR 26.11.19.23 

Control of VOC Emissions from Vehicle Refinishing

Purpose of the Regulation 

 The primary purpose of this regulation is to establish operating standards for 

vehicle refinishing facilities in Maryland through the implementation of VOC content 

limits for coatings and cleaning solvents used during the preparation, application, and 

drying phases of vehicle refinishing, coating application standards, work practices 

standards, and monitoring and recordkeeping standards. 

Background 

Source Description 

 Vehicle refinishing includes the application of coatings following the manufacture 

of original equipment. Vehicles that make up this category include automobiles, trucks, 

buses, motorcycles (includes mopeds, dirtbikes, etc.), utility bodies, camper shells, and 

other miscellaneous mobile equipment capable of being driven or drawn on a roadway or 

rails. Most of these operations occur at small autobody facilities that repair and refinish 

topcoats. Emissions of VOCs result from the evaporation of solvents during the 

application, curing, and clean-up processes. Emissions from these processes can be 

controlled through the use of compliant coatings and solvents, the use of application 

equipment with increased transfer efficiency, and stringent work practice standards. 

Regulatory History 

 The U.S. EPA published an Alternative Control Technique (ACT) for Automobile 

Refinishing (1994) which recommended control options such as improved transfer 

efficiency and VOC content limits from coatings used in vehicle refinishing operations 

for consideration by states in developing ozone attainment plans. Under section 183(e) of 

the 1990 Clean Air Act, the U.S. EPA finalized the National Volatile Organic Compound 

Emission Standard for Automobile Refinish Coatings (40 CFR 59, Subpart B) in 1998 

which requires manufacturers to limit the VOC content of vehicle refinishing coatings. 

 In 1995, Maryland adopted COMAR 26.11.19.23 (Control of VOC Emissions 

from Vehicle Refinishing) which limits VOC emissions from automobile refinishing 

activities through coating content limits, coating application standards, cleanup and 

surface preparation standards, and monitoring and reporting requirements that reflect 

standards similar to those in the U.S. EPA ACT guidelines for automobile refinishing. 
The 2011 proposed regulation, which is based on a model rule developed in 

conjunction with member states of the Ozone Transport Commission (OTC) would 

replace the standards and requirements in the current regulation with new standards and 

requirements for VOC content limits in auto refinishing coatings, controls on emissions 

from equipment cleaning, and the use of coating application methods, recordkeeping, 

maintenance activities, and operator training. 

 In addition to Maryland, several states have adopted regulations that have set 

emissions standards for vehicle refinishing facilities by limiting the VOC content of 

coatings and solvents manufactured and sold for the purpose of vehicle refinishing and 

placing standards on the application and storage of coatings and solvents used. 

Sources Affected by the Regulation 

 The proposed regulation applies to the following sources: 

• Auto body and collision repair shops, fleet operator repair and paint shops, 

new and used auto dealer repair and paint shops, and aftermarket auto 

customizing and detailing shops located in the State. According to the 2010 – 

2011 State of the Industry Report prepared by Body Shop Business, there are 

an estimated 677 shops currently operating in Maryland1

; 

• Manufacturers, suppliers, and distributors of coatings and cleaning solvents 

intended for use and application to motor vehicles, mobile equipment, and 

associated components within the State; and, 

• Manufacturers, suppliers, and distributors of application equipment and 

materials storage such as spray booths, spray guns, and sealed containers for 

cleaning rags for use within the State. 

Requirements of the Regulation 

The proposed regulation establishes the following VOC content limits for 

coatings and cleaning solvents as of July 1, 2013: 

VOC Content Limits for Automotive Coatings. All affected facilities must 

use coatings that meet the following VOC limits as specified in the regulation, 

minus water and exempt compounds*

: 

Table 1: Proposed VOC Content Limits for Automotive Coatings for Motor 

Vehicle and Mobile Equipment Refinishing and Recoating 

VOC Content Limit for Automotive Coatings 

Coating Category Maximum VOC Content

Adhesion promoter 4.5 lbs/gal 540 g/L 
Automotive pretreatment coating 5.5 lbs/gal 660 g/L 

Automotive primer 2.1 lbs/gal 250 g/L 

Clear coating 2.1 lbs/gal 250 g/L 

Color coating, including metallic/iridescent color 

coating 

3.5 lbs/gal 420 g/L 

Multicolor coating 5.7 lbs/gal 680 g/L 

Other automotive coating type 2.1 lbs/gal 250 g/L 

Single-stage coating, including single-stage 

metallic/iridescent coating 

2.8 lbs/gal 340 g/L 

Temporary protective coating 0.5 lbs/gal 60 g/L 

Truck bed liner coating 1.7 lbs/gal 200 g/L 

Underbody coating 3.6 lbs/gal 430 g/L 

* “Exempt compounds” excludes those compounds which have been determined to have negligible 

photochemical reactivity by the U.S. Environmental Protection Agency and which are listed in 40 CFR 

§51.100(s), as amended as defined under the term “Volatile organic compound” in COMAR 26.11.01.01 - 

General Administrative Provisions.

 VOC Content Limits for Cleaning Solvents. All affected facilities must 

use cleaning solvents that meet the following VOC limits as specified in the 

regulation: 

Table 2: Proposed VOC Content Limits for Cleaning Solvents for Motor 

Vehicle and Mobile Equipment Refinishing and Recoating 

VOC Content Limit for Cleaning Solvents 

Solvent Category Maximum VOC Content

Cleaning solvent (other than bug and tar removers) 0.21 lbs/gal 25 g/L 

Bug and tar removers** 40% VOC by weight 

**Reflects the VOC limit for Bug and Tar Remover under COMAR 26.11.32.04 - Control of Emissions of 

Volatile Organic Compounds from Consumer Products

In addition, the proposed regulation establishes the following standards and 

requirements for affected sources as of July 1, 2013: 

 

 Application Equipment Standards. All affected facilities must use one of 

the following application methods when applying an automotive coating: 

• Flow or curtain coating; 

• Dip coating; 

• Brush coating; 

• Cotton-tipped swab application; 

• Electrodeposition coating; 

• High volume-low pressure (HVLP) spraying; 

• Electrostatic spray; 
• Airless spray; or 

• An alternative spray equipment coating application method (subject to 

approval by the Department). 

 

 Work Practice Standards. Affected facilities must clean spray gun 

equipment used to apply automotive coatings and handle automotive coatings and 

solvents in accordance with the regulation. 

 Operator Training Standards. Owners and operators of affected facilities 

that implement a training program must include work practice standards and 

training measures as specified in the regulation. 

 Compliance and Recordkeeping Requirements. All affected facilities are 

required to keep extensive records on the amount of each coating used, the VOC 

content of the coatings, purchase records, etc. Facilities using an emission control 

system must maintain a daily record of system operating parameters such as 

temperature, pressure drops, and air flow rates to demonstrate compliance. 

Container Labeling Requirements. Labels affixed to containers of coatings 

and coating components must include the coating use category and VOC content 

limit (actual and regulatory) as supplied in g/L (grams/liter). Labels affixed to 

containers of cleaning solvents must include the VOC content limit as supplied in 

g/L. 

 Product Dating Requirements. Manufacturers of coatings subject to the 

proposed regulation must display on a label affixed to each container or package 

the month and year on which the coating was manufactured or code indicating the 

date. 

 Sell Through Provision. Allows non-compliant products (coatings, coating 

components, and cleaning solvents), manufactured prior to the rule’s effective 

date to be supplied and sold in the State provided it meets the product dating 

requirements in the proposed regulation. 

 Testing Requirements. Active and passive losses from the use of an 

enclosed spray gun cleaning system or equivalent cleaning system must be 

determined in accordance with the requirements in the proposed regulation or an 

equivalent test method approved in writing by the Department and the U.S. EPA. 

 Alternative Compliance. Allows for alternative compliance with the use of 

an emission control device that meets the following requirements: 

• An overall control efficiency of 85 percent or greater and complies with 

the capture and control efficiency standards for emission control systems 

as referenced in the proposed regulation; 

• A written plan submitted to the Department and approved in writing; and 
• The emission control device is maintained and used at all times in working 

condition. 

 

 Exemptions. Specific exemptions were incorporated into the proposed 

regulation to exclude coatings and cleaning solvents for sale outside the State, 

assembly line coatings, aerosol coatings, coatings used in surface coating 

processes under COMAR 26.11.19.03 - Automotive and Light-Duty Truck 

Coating and coatings sold in 0.5 fluid ounces or less. 

Expected Emissions Reductions 

 Based upon calculations and emissions estimates by the Department, the proposed 

regulation has an estimated statewide VOC emissions reduction potential of 65 percent 

from the vehicle refinishing category of the current baseline emissions inventory. 

Maryland’s 2002 baseline emissions inventory indicates that VOC emissions from 

vehicle refinishing total 3.7 tons/day. The proposed regulation will reduce 2.4 tons/day of 

VOC emissions through implementation of the coating limits and standards that have 

been established in the OTC Model Rule for Motor Vehicle and Mobile Equipment 

Refinishing and Recoating. 

Availability of Complaint Products 

 The Department found a substantial number of automotive refinishing coatings 

and cleaning solvents that comply with the VOC content limits for each proposed 

category. Low-VOC formulations that already exist in the marketplace include 

waterborne and low-VOC solvent based. 

Economic Impact 

 Economic Impact on Affected Sources 

 The proposed regulation could have a economic impact on three potential sources: 

auto body and collision repair shops, fleet operator repair and paint shops, new and used 

auto dealer repair and paint shops, and aftermarket auto customizing and detailing shops 

located within the state; manufacturers, suppliers, and distributors of coatings and 

cleaning solvents intended for use and application to mobile equipment and associated 

components within the state; and, manufacturers, suppliers, and distributors of 

application equipment and materials storage for use within the state. 

 However, the Department believes the economic impact on these sources will be 

minimal. The Department found a significant number of auto refinishing coatings and 

cleaning solvents that comply with the proposed VOC content limits are currently 

available on the market. These coatings and cleaning solvents can be applied using 

several application methods and are compatible with the workflow of many autobody and 

collision repair paint shops. In fact, there are a significant number of autobody and 

collision repair paint shops within the State that currently use complaint auto refinishing 

coatings. Furthermore, the effective date of the proposed regulation (July 1, 2013) 
coupled with the sell-through and alternative compliance provisions found in the 

regulation should give retailers, distributors, autobody and collision repair shops, and 

other affected sources flexibility to reduce or offset any implementation costs. The 

Department believes that while there may be a slight increase in costs as a result of 

affected sources complying with the proposed regulation, these costs can be absorbed by 

the facilities without a significant effect on employment, business competitiveness, or 

added costs to consumers. 

Economic Impact on the Department 

The economic impact to the Department is expected to be minimal, as any 

additional workload will be handled by existing permitting and compliance staff. 

 Economic Impact on Small Businesses 

 Some small businesses, specifically auto repair and refinishing operations may 

initially incur additional costs due to equipment upgrades, additional operator training, 

and/or switching to low-solvent or waterborne coatings in order to comply with the limits 

and standards in the proposed regulation. Based on survey data compiled by CARB in the 

2005 SCM Staff Report, the compliance costs would average $2,320 per facility with an 

average annualized compliance cost of $1,022 per facility2

. The Department expects the 

costs associated with compliance to decrease with the increasing availability of compliant 

automotive coatings and applications equipment which have been used in auto repair and 

refinishing facilities in states such as California for several years3. 

Environmental Impact 

 While the proposed regulation is not expected to have a significant impact on the 

environment or the public, the use and implementation of compliant low-VOC 

automotive coatings and cleaning solvents and stringent application and work practice 

standards is expected to reduce VOC emissions from vehicle refinishing operations. 

Revision to Maryland's SIP 

 Yes. This action will be submitted to the U.S. Environmental Protection Agency 

(EPA) for approval as part of Maryland's State Implementation Plan. 

Other State or Federal Requirements 

 The following federal regulations are applicable to vehicle refinishing operations 

in Maryland4:

• 40 CFR Part 59, Subpart B - National Volatile Organic Compound Emission 

Standards for Automobile Refinish Coatings (1998); and,
• 40 CFR Part 63, Subpart HHHHHH (US EPA 6H Rule) - National Emission 

Standards for Hazardous Air Pollutants (NESHAP): Paint Stripping and 

Miscellaneous Surface Coating Operations at Area Sources (2008).

 In addition to those federal regulations, the U.S. EPA has issued one control 

technique guideline (CTG): Volatile Organic Compound Emissions from Automobile 

Refinishing - Background Information for Promulgated Standards (EPA-453/R-96-011b, 

October 1988) and one ACT: Alternative Control Techniques Document: Automobile 

Body Refinishing (EPA-453/R-94-031, April 1994) which are also applicable to vehicle 

refinishing operations in Maryland. 

 Both documents provide information on coating application processes, sources of 

VOC emissions and emission reductions, the availability of low-solvent and waterborne 

coatings formulations, and costs associated with the use of alternative coating 

formulations and equipment used in automotive refinishing operations. The applicable 

emission limits, control technologies, and standards discussed in these documents and the 

federal regulations do not conflict with the emission limits, requirements, and standards 

in the proposed regulation which are more stringent. 

References 

1. 2010 – 2011 State of the Industry Report - Body Shop Business: 

http://www.bodyshopbusiness.com/StateOfTheIndustry.aspx 

2. “Staff Report for the Proposed Suggested Control Measure for Automotive Coatings”, 

California Air Resources Board, October 2005. 

3. “Socio-Economic Impact Study: Proposed Amendments to Regulation 8, Rule 45 

Motor Vehicle and Motor Equipment Coating Operations”, Bay Area Air Quality 

Management District, September 2008. 

4. U.S. EPA – Technology Transfer Network – Air Toxics Web Site: 

http://www.epa.gov/ttn/atw/
MARYLAND DEPARTMENT OF THE ENVIRONMENT 

1800 Washington Boulevard • Baltimore MD 21230 

410-537-3000 • 1-800-633-6101 

 Robert M. Summers, Ph.D. Secretary 

 Recycled Paper www.mde.state.md.us TTY Users 1-800-735-2258 

 Via Maryland Relay Service 

 

Martin O’Malley 

Governor 

Anthony G. Brown 

Lieutenant Governor 

 December 9, 2011 

CERTIFICATE OF PUBLICATION 

This is to certify that the “Maryland Department of the Environment (MDE) Notice of Public Hearings 

Concerning Proposed Amendments to Air Quality Regulations” was published on MDE’s web site on 

December 8, 2011. It will remain posted on the site until at least January 12, 2012. The notice in full with 

links to supporting documents may be found in the following web address: 

http://www.mde.state.md.us/AboutMDE/pages/reqcomments.aspx

Web publication of the notice was at the request of Deborah Rabin, Regulations Coordinator of the Air and 

Radiation Management Administration of MDE. 

 By: 

 DIANA ALEGRE 

 MDE Webmaster 

 

Attachments: 

Copy of web page as published. 
MDE Request for Comments

http://www.mde.state.md.us/aboutmde/AboutMDEHome/Pages/aboutmde/reqcomments.aspx[12/9/2011 11:12:00 AM]

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The complete listing of MDE public meetings and hearings is posted in the MDE Calendar. Please call or email

contact person cited in the meeting details for any questions or to send a comment.

 Public Hearings Concerning Proposed Amendments To Air Quality Regulations

The Maryland Department of the Environment gives notice of public hearings concerning proposed amendments to air

quality regulations. The proposed actions are briefly described below:

1. Proposal to amend Regulation .04 under COMAR 26.11.01 General Administrative Provisions, and Regulation

.02 under COMAR 26.11.19 Volatile Organic Compounds from Specific Processes.

The purpose of this action is to adopt the requirements of the Environmental Protection Agency's (EPA’s) Control

Techniques Guidelines (CTG) standards regarding work practice standards and apply them to a variety of CTG regulations

under COMAR 26.11.19. This action will be submitted to the EPA for approval as part of Maryland's State Implementation

Plan (SIP). (Techical Support Document)

2. Proposal to amend Regulation .01 under COMAR 26.11.01 General Administrative Provisions, Regulation .01

under COMAR 26.11.02 Permits, Approvals, and Registration, and Regulation .14 under COMAR 26.11.06 General

Emissions Standards, Prohibitions, and Restrictions.

The purpose of this action is to implement EPA's action to defer, for a period of three years, the Prevention of Significant

Deterioration (PSD) and Title V permitting requirements related to carbon dioxide (CO2) emissions from bioenergy and

other biogenic stationary sources (biogenic CO2). This will allow EPA to resolve technical issues so that biogenic CO2 can

be accounted for properly. The appropriate parts of this action will be submitted to EPA for approval as part of

Maryland's State Implementation Plan and Title V Program. The Department will request approval of the regulations in

their entirety. (Technical Support Document)

3. Proposal to repeal existing Regulation .23 and adopt new Regulation .23 under COMAR 26.11.19 Volatile Organic

Compounds from Specific Processes. (Technical Support Document)

The purpose of this action is to establish operating standards for vehicle refinishing facilities in Maryland. The regulation

establishes VOC content limits for coatings and solvents used during the preparation, application, and drying phases of

vehicle refinishing, coating application standards, work practices standards, and monitoring and recordkeeping standards.

This action will be submitted to the EPA for approval as part of Maryland's SIP.

4. Proposal to amend Regulation .01 under COMAR 26.11.01 General Administrative Provisions, and Regulation

.12 under COMAR 26.11.06 General Emission Standards, Prohibitions, and Restrictions.

The purpose of this action is to (1) update the definition of National Emission Standards for Hazardous Air Pollutants

source (NESHAP source) under COMAR 26.11.01B(21)(b), (2) update the definition of New Source Performance Standard

source (NSPS source) under COMAR 26.11.01B(23), and (3) update a cross reference to the NSPS definition in COMAR

26.11.06.12. Maryland will be requesting delegation to implement and enforce the NESHAP and NSPS requirements

specified in this action. (Technical Support Document)

5. Proposal to amend Regulations .01, .02, .08-1, and adopt new Regulation .08-2 under COMAR 26.11.08 Control

of Incinerators. The purpose of this action is to adopt the requirements of the EPA’s Emission Guidelines (EG) for

hospital, medical, infectious and medical waste incinerators (HMIWI). This action will be submitted to the EPA for

approval as a revision to Maryland's 111(d) Plan. (Technical Support Document)

The full text of these proposed actions appeared in the Maryland Register on December 2, 2011. 

The technical support documents (TSDs) are available for public review on the Maryland Department of the Environment's

website at the following address: http://www.mde.state.md.us/aboutmde/pages/reqcomments.aspx 

The proposed action and supporting documents are also available for review at the following locations: the Air and

Radiation Management Administration; regional offices of the Department in Cumberland and Salisbury; all local air quality

control offices; and local health departments in those counties not having separate air quality control offices.

A public hearing on the proposed actions will be held on January 11, 2012 at 

10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms,

Baltimore, Maryland 21230-1720.

Interested persons are invited to attend and express their views. Comments may be mailed to Deborah Rabin, Regulations

Coordinator, Air and Radiation Management Administration, Department of the Environment, 1800 Washington Boulevard,

Suite 730, Baltimore, Maryland 21230-1720, or emailed to drabin@mde.state.md.us, or faxed to (410) 537-4223.

Comments must be received not later than January 11, 2012, or be submitted at the hearing. For more information, call

Deborah Rabin at (410) 537-3240.

Anyone needing special accommodations at a public hearing should contact the Department's Fair Practices Office at (410)

537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735-2258.

Maryland Department of the Environment Proposed Calendar Year 2012 Standard Permit

Application Turnaround Times.

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Statement of the Air and Radiation Management Administration 

Department of the Environment 

for the 

Public Hearing Relating to 

Proposed New Regulation COMAR 26.11.19.23 

Control of VOC Emissions from Vehicle Refinishing

 held on January 11, 2012 

Baltimore, MD 

My name is Eddie DuRant. I am a Regulatory Engineer in the Regulation Development 

Division of the Air and Radiation Management Administration, Department of the Environment. 

 

 This public hearing is being held pursuant to the requirements of 40 CFR Section 51.102 

and Sections 2-301 et.seq. of the Environment Article, Annotated Code of Maryland. It is also 

being held in conformance with the State Administrative Procedures Act under the State 

Government Article, beginning at Section 10-101. 

Notice of this hearing appeared in the: 

Maryland Register on December 2, 2011; 

MDE's website from December 8, 2011 through January 12, 2012; 

Copies of these notices were submitted for the record. 

Copies of the proposed new regulation and supporting documents were submitted for 

review to the State Clearinghouse and are also submitted at this time into the hearing record. 

Copies of the proposed new regulation and supporting documents were made available for public 

inspection at the Air and Radiation Management Administration offices in Baltimore, 

Cumberland, and Salisbury, and at all local health departments or local air quality control 

offices. 

The purpose of today's hearing is to give the public an opportunity to comment on 

proposed new regulation COMAR 26.11.29.23. 

Summary:

 The purpose of this proposed new regulation is to establish operating standards for 

vehicle refinishing facilities in Maryland through the implementation of VOC content limits for 

coatings and cleaning solvents used during the preparation, application, and drying phases of 

vehicle refinishing, coating application standards, work practices standards, and monitoring and 

recordkeeping standards. 

The proposed new regulation applies to: auto body and collision repair shops, fleet 

operator repair and paint shops, new and used auto dealer repair and paint shops, and aftermarket 

auto customizing and detailing shops located in the State; manufacturers, suppliers, and 

distributors of coatings and cleaning solvents intended for use and application to motor vehicles, 

1 
mobile equipment, and associated components within the State; and, manufacturers, suppliers, 

and distributors of application equipment and materials storage for use within the State. 

 The proposed regulation establishes VOC content limits for automotive coatings and 

cleaning solvents, application equipment standards when applying an automotive coating, work 

practice standards for vehicle refinishing facilities, operator training standards, compliance and 

recordkeeping standards, and labeling requirements for automotive coatings and solvents in the 

state as of July 1, 2013. 

This new regulation will be submitted to the U.S. Environmental Protection Agency as a 

revision to Maryland’s State Implementation Plan.

Consideration of Comments

The Department will consider all comments before making a decision to adopt this new 

regulation. 

2 














January 11, 2012

Deborah Rabin

Regulations Coordinator

Air and Radiation Management Administration

Department of the Environment

1800 Washington Boulevard, Suite 730

Baltimore, Maryland 21230-1720

RE: MD Control of VOC Emissions from Vehicle Refinishing

Dear Ms. Rabin:

The American Coatings Association1(ACA) is submitting comments concerning 26.11.19 Volatile 

Organic Compounds from Specific Processes. ACA appreciates the opportunity to comment on this 

important rulemaking and we hope our comments will assist Maryland in the rule development process. 

While ACA appreciates Maryland’s efforts to address our previous comments, we believe there are a 

number of issues with the current proposal. 

1. Uniform Finish Coating Category: As agreed during discussion with the OTC Stationary Area 

Source Committee Refinish Model Rule working group, we support the 4.5lb/gal limit proposed 

for the Uniform Finish Coating Category. We urge Maryland to adopt the definition from the 

CARB SCM, “Uniform Finish Coating means any coating labeled and formulated for the 

application to the area around a spot repair for the purpose of blending a repaired area’s color or 

clear coat to match the appearance of an adjacent area’s existing coating.” Further on this point, 

we agree with the suggested changes to the definition of Spot Repair to be “less than a panel”

instead of “one square foot”.

2. Section K Administrative Requirements: We suggest that section (1)(c) of this section be removed 

in deference to the requirement in (2)(a). Section (1)(c) states a requirement for the date code to be 

placed on the can at least 30 days BEFORE the can is offered for sale in the state. ACA believes 

this is an outdated requirement that has been replaced in other states by the statement that appears 

in (2)(a), which is much more logical. Manufacturers can simply provide a letter explaining any 

new date code to the state 30 days prior to introducing an automotive coating with such a new date 

code into Maryland. 

 

1 ACA is a voluntary, nonprofit trade association working to advance the needs of the paint and coatings industry and the 

professionals who work in it. The organization represents paint and coatings manufacturers, raw materials suppliers, 

distributors, and technical professionals. ACA serves as an advocate and ally for members on legislative, regulatory and 

judicial issues, and provides forums for the advancement and promotion of the industry through educational and professional 

development services.
3. General Requirements, Effective Date: For consistency and clarity we submit that Section E(1)(b) 

specify a date, as section E(1)(a) specifies “effective July 1, 2013”. Therefore, we suggest Section 

E(1)(b) read as follows, “Except as provided elsewhere in this regulation, effective July 1, 2013, a

person may not use or apply to a motor vehicle, mobile equipment, or associated parts and 

components, an automotive coating or cleaning solvent for vehicle refinishing that exceeds the 

VOC content specified in Table 1 of §E(1) or in §E(5) of this regulation.”

4. General Requirements, Cleaning Solvents, VOC Measurements: Section E (5)(a) limits solvents 

NOT for bug and tar removal to a VOC content of 25 grams per liter, while section E(5)(b) limits 

solvents for bug and tar removal to a VOC content of 40% by weight. Solvents not used for bug 

and tar removal would fall into the: “General Purpose Cleaner” or the “General Purpose 

Degreaser” category within the Consumer Products Rules already adopted in Maryland at 

COMAR 26.11.32 and as well as in the other OTC states. Since many of these automotive 

cleaners are sold in stores open to the public, the two sets of rules should line up. Thus, we 

recommend the limit for solvents, NOT for bug and tar removal, be a VOC content of 4%, which 

is identical to the limits adopted at COMAR26.11.32.04 and by the OTC states for “General 

Purpose Cleaners” and “General Purpose Degreasers.” 

Section E(2)(a)(iii) provides the method to calculate the VOC of cleaning solvents in grams per 

liter and the labeling requirements for cleaning solvents [section (2)(c)] requires the VOC content 

to be in grams per liter. To remain consistent with the CARB SCM, the VOC content should be as 

VOC actual, calculated as described in section E(2)(a)(iii). However, if Maryland wishes to 

remain consistent with other solvent rules, the VOC content of cleaning solvents would need to be 

in weight percent, calculated as:

VOC content = 100*(Wv - Ww - Wec) / (Wm) 

Where: 

VOC content in weight percent = 

Wv = weight of total volatiles, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; 

Wm = weight of material (cleaning solvent, including water, exempt compounds, 

and added solvent), in grams 

In addition, we believe that the VOC content for these two types of cleaners should not include 

LVP volatile organic compounds. Since there will be extreme overlap between this regulation and 

the Consumer Products regulation COMAR 26.11.32 of these cleaners, the two regulations should 

have the same limits and should have the same exclusions from determination of VOC content. 

LVPs are not included in the determination of VOC content (see 26.11.32.01 D.(2) for those 

cleaners. We are not requesting LVPs be excluded from the VOC content of coating products, just 

from the solvent cleaner products.

We believe there is a typo in Section (5)(b). ‘COMAR 26.1.32.048’ should read ‘COMAR 

26.11.32.048.’
5. Sell Through Dates Language: Section K (3) discusses the sell through of products. However, the 

wording, while allowing the sale of a product manufactured prior to 7/1/2013, does not seem to 

allow the users to use such products. Therefore we suggest Section K(3) read as follows, “An 

automotive coating, coating component or cleaning solvent subject to this regulation manufactured 

before July 1, 2013 may be used or applied, supplied, sold, offered for sale, or distributed in the 

State if the product meets the following...”

Please feel free to contact ACA with any additional questions you have regarding these comments. 

Respectfully Submitted,

Marie Hobson

Counsel, Government Affairs Division
1

DEPARTMENT OF THE ENVIRONMENT 

AIR AND RADIATION MANAGEMENT ADMINISTRATION 

RESPONSE TO COMMENTS 

 for the 

PUBLIC HEARING held on January 11, 2012 

in BALTIMORE, MD 

related to Proposed New Regulation COMAR 26.11.19.23 

Control of VOC Emissions from Vehicle Refinishing 

Purpose of Hearing: The purpose of this hearing is to allow for public comment on the 

Department's proposal to adopt new Regulation 23 under COMAR 26.11.19 Volatile Organic 

Compounds from Specific Processes.

Date and Location: The public hearing was held on January 11, 2012 at the Department of the 

Environment, 1800 Washington Boulevard, 1st Floor Conference Room, Baltimore, Maryland 

21230. 

Hearing Officer: Deborah Rabin, Regulations Coordinator, Air and Radiation Management 

Administration, served as Hearing Officer. 

Attendance: Mike Pecilunas of RRR Automotive, Hank Clark of Mid-Atlantic Paint, Randy Haranin 

of PPG Industries, Inc., James (Jaime) Young of DuPont Performance Coatings, Mark Meredith of 

NAPA, and Michelle Liljc of Finish Master attended the public hearing. 

Statement: The Department's statement was submitted into the record by Mr. Eddie DuRant, 

Regulatory Engineer within the Regulations Development Division of the Air and Radiation 

Management Administration. 

Comments and Responses: The comments received at the hearing and the written comments that the 

Department received during the 30-day comment period that relate to the proposed action have been 

summarized and the Department's responses are given below. 

COMMENT: One commenter noted that the technology exists to be able to paint and repair 

cars using waterborne, low VOC coatings and paints as specified in the proposed regulation. The 

problem lies with a segment of auto body repair industry that is reluctant to change over to 

waterborne coatings unless there is a regulation on the books with a specific effective date. The 

commenter has urged the Department to make the proposed regulation effective as soon as 

possible in order to push the auto body repair industry to converting to complaint, waterborne 

coatings. 
2

RESPONSE: The Department agrees with the concern raised by the commenter. While the use 

of waterborne, low VOC coatings and paints in the auto body and repair industry has been 

successful, the Department realizes that implementing standards and requirements found in the 

regulation often entails dealing with practical and logistical problems that requires significant 

time for affected sources to purchase new application equipment and products and to train 

personnel in their use. The Department believes the proposed compliance date of July 1, 2013 in 

the new regulation will give manufacturers, suppliers, and distributors of coatings, cleaning 

solvents, and application equipment and auto body and repair shops the necessary time to 

organize training, evaluate logistics, transition to low VOC coatings and application 

technologies, and ease the financial burden associated with implementing the proposed 

regulation. 

COMMENT: One commenter disagrees with the source that estimates 677 shops are currently 

operating in Maryland that was cited in the technical support document for the proposed new 

regulation, COMAR 26.11.19.23 - Control of VOC Emissions from Vehicle Refinishing. The 

commenter believes that number is an extremely low estimate of the number of shops in the state 

and believes this data could have been a determining factor in the implementation of the time 

frame for the proposed new regulation by the Department. 

RESPONSE: The estimate of the total number of shops (677) mentioned in the technical 

support document for COMAR 26.11.19.23 - Control of VOC Emissions from Vehicle 

Refinishing comes from the 2010 – 2011 State of the Industry Report prepared by Body Shop 

Business. The Department acknowledges that the number of auto body shops cited in the report 

is only an estimate based on methodologies such as population, number of registered vehicles, 

and the number of reported accidents, number of licensed drivers, etc which may not accurately 

reflect the actual number of auto body shops in the State. However, the Department believes that 

the estimated number of auto body shops in Maryland as cited in the report does indicate that a 

significant number of shops would be affected by the proposed new regulation. The Department 

has used this information to work closely with the auto body and repair industry through 

stakeholder meetings and other correspondence to lessen the impact of the proposed regulation 

on potentially affected sources. Stakeholders have communicated to the Department that they 

are able to meet the requirements of the regulation. The Department has granted additional time 

with regards to the compliance date to allow for a smooth transition to the requirements of the 

regulation and to allow smaller auto body shops to utilize existing products. 

COMMENT: One commenter disagrees with the costs to auto body shops to make the transition 

[to compliant coatings] that was cited in the technical support document for the proposed new 

regulation; COMAR 26.11.19.23 - Control of VOC Emissions from Vehicle Refinishing. The 

commenter believes the costs to shops to implement changes to comply with the proposed new 

regulation is more in the realm of $10,000 per facility as opposed to $2,320 per facility cited in 

the regulation. 

RESPONSE: The estimated economic impact on small businesses, specifically auto repair and 

refinishing operations cited in the technical support document for COMAR 26.11.19.23 - 

Control of VOC Emissions from Vehicle Refinishing is based on information that was submitted 
3

to the California Air Resources Board (CARB) in response to survey questions mailed out to the 

auto body and repair shop industry by CARB. These results were subsequently published in a 

2005 Suggested Control Measure (SCM) Staff Report which estimates that compliance costs for 

small businesses would average around $2,320 per facility with an average annualized 

compliance cost of $1,022 per facility. The Department believes that use of the cost data 

developed by CARB in assessing the economic impact (specifically the compliance costs for 

small businesses) of the SCM should not unrealistically represent the cost of compliance for 

Maryland. 

COMMENT: Uniform Finish Coating Category: As agreed during discussion with the OTC 

Stationary Area Source Committee Refinish Model Rule working group, we support the 

4.5lb/gal limit proposed for the Uniform Finish Coating Category. We urge Maryland to adopt 

the definition from the CARB SCM, “Uniform Finish Coating means any coating labeled and 

formulated for the application to the area around a spot repair for the purpose of blending a 

repaired area’s color or clear coat to match the appearance of an adjacent area’s existing 

coating.” Further on this point, we agree with the suggested changes to the definition of Spot 

Repair to be “less than a panel” instead of “one square foot”. 

RESPONSE: The uniform finish coating category was removed from the OTC Model Rule for 

Vehicle Refinishing and subsequently the proposed new regulation at the request of the 

American Coatings Association (ACA), which stated the term “uniform finish coating” is 

“confusing and even misleading”. In addition, the Maryland Department of the Environment 

(MDE) received an April 15, 2011 letter from the ACA requesting removal of the term “uniform 

finish coating” which further states, “it must be recognized that there is no regulatory VOC limit 

or requirement specified for it [uniform finish coating] as a coating. This is because in reality it 

is not a coating; instead it is a solvent blending material that blends coatings into one another so 

there is not a visible demarcation.” 

COMMENT: Administrative Requirements: We suggest that section (1)(c) of this section be 

removed in deference to the requirement in (2)(a). Section (1)(c) states a requirement for the date 

code to be placed on the can at least 30 days BEFORE the can is offered for sale in the state. 

ACA believes this is an outdated requirement that has been replaced in other states by the 

statement that appears in (2)(a), which is much more logical. Manufacturers can simply provide 

a letter explaining any new date code to the state 30 days prior to introducing an automotive 

coating with such a new date code into Maryland. 

RESPONSE: The Department believes the product date code provision of section (1)(c) cited by 

the commenter is consistent with the provisions found in the OTC Model Rule for Vehicle 

Refinishing and similar regulations adopted by other states such as Delaware. 

COMMENT: 

General Requirements, Effective Date: For consistency and clarity we submit that Section 

E(1)(b) specify a date, as section E(1)(a) specifies “effective July 1, 2013”. Therefore, we 

suggest Section E(1)(b) read as follows, “Except as provided elsewhere in this regulation, 

effective July 1, 2013, a person may not use or apply to a motor vehicle, mobile equipment, or 
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associated parts and components, an automotive coating or cleaning solvent for vehicle 

refinishing that exceeds the VOC content specified in Table 1 of §E(1) or in §E(5) of this 

regulation.” 

RESPONSE: Regulation §D(1)(c) addresses the concerns of the commenter, as the provision 

applies to a person who, on or after July 1, 2013 that “uses or applies an automotive coating or 

cleaning solvent within the State.” 

COMMENT: Section E(5)(a) limits solvents NOT for bug and tar removal to a VOC content of 25 

grams per liter, while section E(5)(b) limits solvents for bug and tar removal to a VOC content of 

40% by weight. Solvents not used for bug and tar removal would fall into the: “General Purpose 

Cleaner” or the “General Purpose Degreaser” category within the Consumer Products Rules already 

adopted in Maryland at COMAR 26.11.32 and as well as in the other OTC states. Since many of 

these automotive cleaners are sold in stores open to the public, the two sets of rules should line up. 

Thus, we recommend the limit for solvents, NOT for bug and tar removal, be a VOC content of 4%, 

which is identical to the limits adopted at COMAR 26.11.32.04 and by the OTC states for “General 

Purpose Cleaners” and “General Purpose Degreasers.” 

RESPONSE: The Department disagrees with the commenter. The Department believes that the 

terms “cleaning solvent”, “general purpose cleaner” and “general purpose degreaser” each 

constitute distinct product categories with specified VOC content limits that are intended for 

specific tasks, application on specific substrates and surfaces, and use under certain 

circumstances for this regulation. 

COMMENT: Section E(2)(a)(iii) provides the method to calculate the VOC of cleaning 

solvents in grams per liter and the labeling requirements for cleaning solvents [section I(2)(c)] 

requires the VOC content to be in grams per liter. To remain consistent with the CARB SCM, 

the VOC content should be as VOC actual, calculated as described in section E(2)(a)(iii). 

However, if Maryland wishes to remain consistent with other solvent rules, the VOC content of 

cleaning solvents would need to be in weight percent, calculated as: 

VOC content = 100*(Wv - Ww - Wec) / (Wm) 

Where: 

VOC content in weight percent = 

Wv = weight of total volatiles, in grams; 

Ww = weight of water, in grams; 

Wec = weight of exempt compounds, in grams; 

Wm = weight of material (cleaning solvent, including water, exempt compounds, and 

added solvent), in grams 

RESPONSE: Regulation E(2)(a)(iii) which provides the method to calculate the VOC of 

cleaning solvents in grams per liter is consistent with the methods in the 2005 SCM Staff Report 

by CARB, the Ozone Transport Commission (OTC) Model Rule for Auto Refinishing, and 

several other states with similar regulations. 
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COMMENT: In addition, we believe that the VOC content for these two types of cleaners should 

not include LVP volatile organic compounds. Since there will be extreme overlap between this 

regulation and the Consumer Products regulation COMAR 26.11.32 of these cleaners, the two 

regulations should have the same limits and should have the same exclusions from determination of 

VOC content. LVPs are not included in the determination of VOC content (see 26.11.32.01D(2)) for 

those cleaners. We are not requesting LVPs be excluded from the VOC content of coating products, 

just from the solvent cleaner products.

RESPONSE: The VOC content limit for cleaning solvents (excluding solvents used for bug and 

tar removal) of 25 g/L in the proposed regulation are consistent with the limit found in the 2005 

SCM Staff Report by CARB. In addition, cleaning solvents are not listed among the product 

categories in Table 1. in COMAR 26.11.32.04B, and are not subject to the provisions of 

COMAR 26.11.32 - Control of Emissions of Volatile Organic Compounds from Consumer 

Products. However, according to COMAR 26.11.32.01(D)(2), the VOC limits listed in COMAR 

26.11.32.04B do not apply to low-vapor pressure (LVP)-VOC cleaning solvents used in bug and 

tar removal. 

COMMENT: We believe there is a typo in Section (5)(b). ‘COMAR 26.1.32.04B’ should read 

‘COMAR 26.11.32.04B’

RESPONSE: The Department agrees with the commenter and will replace the typo “COMAR 

26.1.32.04B” in §E(5)(b) with the corrected citation “COMAR 26.11.32.04B”. 

COMMENT: Sell Through Dates Language: Section K (3) discusses the sell through of products. 

However, the wording, while allowing the sale of a product manufactured prior to 7/1/2013, does not 

seem to allow the users to use such products. Therefore we suggest Section K(3) read as follows, “An 

automotive coating, coating component or cleaning solvent subject to this regulation manufactured 

before July 1, 2013 may be used or applied, supplied, sold, offered for sale, or distributed in the State 

if the product meets the following...”

RESPONSE: The Department disagrees with the commenter. The purpose of the sell-through 

provision is to allow non-compliant products such as coatings, coating components, and cleaning 

solvents that may have been manufactured prior to the rule’s effective date to be supplied and 

sold in Maryland provided it meets the product dating requirements in the proposed regulation. It 

is implied that non-compliant products that are “supplied, sold, offered for sale, or distributed”

may be used or applied to any associated parts or components of an automobile.