# 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 sm all 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 stru cture, 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, suba ssembly, or element.

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

(c) Automotive Coating.

(i) "Automotive coating" means a coating or coatin g 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 no t 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 co ating" 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



## 1

### (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, bu siness, 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 su rface preparation, or cleaning of surface coating equipment.

(ii) "Cleaning solvent" does not include thinners, reducer s 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;



## 2

### (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 s upport 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 w ithout a subsequent clear coat.

(ii) "Single-staged coating” includes sing le-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 la beled and formulated for the purpose of temporarily protecting areas from overspray or mechanical damage.

(s) "Truck bed liner coating" means a coating, exclud ing clear, color, multicolor, and single-stage coatings, labeled and formulated for application to a truck bed to protect it from surface abrasion.



## 3

### (t) "Underbody coating" means a coa ting 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 – Meth yl Acetate, Acetone, t-Butyl Acet ate, and p-Chlorobenzotrifluoride (PCBTF). The concentration of the exempt organic co mpounds methyl acetate, acetone, t-butyl acetate, andPCBTF 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, "Determi nation 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 pr etreatment 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 3 18-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction", (Approved July 1996).

(7) Spray Equipment Transfer Effici ency. 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).



## 4

### (9) Spray Gun Cleaning System. The ac tive 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 w ith 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 mo re 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 C ontent, 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 Te st Procedure for Equipment User, approved May 24, 1989.



## 5

### (10) SCAQMD Guidelines for Demonstrating Equivalenc y with District Approved Transfer Efficient Spray Guns, September 26, 2002.

(11) SCAQMD “General Test Method for Determini ng Solvent Losses from Spray Gun Cleaning Systems” (dated October 3, 1989).

(12) U.S. EPA Technical Do cument: “Guidelines for Determining Capt ure 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 au tomotive coating or cleaning solvent for use within the State;

(b) Manufactures an automotive coating or cl eaning 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 manuf acture on an assembly line;

(e) An automotive coating used in a su rface 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.



## 6

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

(a) Graphics arts operations;

(b) Use of less than one flui d 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 Ju ly 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 ex cess of the corresponding lim it 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, includ ing 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.



## 7

### (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 co mpounds 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, advertisi ng, or technical literature supplied by a manufacturer or anyone acting on behalf of a manufacturer, any representa tion 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 rest rictive 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 effi ciency 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.



## 8

### (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, excee d the standards specified in §E(4)(a)—(b) of this regulation.

(d) A person subject to this regulation shall not manuf acture, blend, repackage fo r 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



## 9

### (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 ef ficiency is equivalent to or higher than HVLP or electrostatic spray application methods using the spra y equipment transfer effici ency 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 requir ements 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 refinish ing 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 traini ng 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.



## 10

### 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 conten t, as supplied, for the coating product or coating component product, expressed in gram s per liter, calculated in accordance w ith §E(2)(a)(i) and (ii) of this regulation;

(ii) The weight percent of volatile s, 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 manuf acturer's and repackager's stated mix ratio) product, the manufacturer and repackager sha ll include the following information on product data sheets or an equivalent documentation:

(i) The VOC actual content and the VOC regulatory conten t, as applied, for the coating product or coating component product, expre ssed in grams per liter;

(ii) The weight percent of volatile s, 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 rep ackager of cleaning solvents subject to this regulation shall include the VOC content of the cleaning solvents as supplied, calculate d in accordance with the requirements of §E(2)(a)(iii) of this regulation, expressed in grams per liter, on pr oduct 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 re gulation and expressed in grams per liter; and

(d) The manufacturer and repack ager of cleaning solvents subject to this rule shall include on all containers, or on a label affixed to the container, the VOC cont ent for cleaning solvents, as supplied, calculated in accordance with the requirem ents of §E(2)(a)(iii of th is regulation) and expres sed in grams per liter.

J. Record Keeping.



## 11

### (1) Record-Keeping Requirements for Coatings, Coating Components and Solvents. A person who uses automotive coatings, automotive coating components, r eady-to-spray coatings (bas ed 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 re gulatory 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 cont ent 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.



## 12

### (a) A manufacturer of an automotive coating subject to this regulation sha ll clearly display on each automotive coating container, on a label affixed to the container or on the packag e, 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 indi cate 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 th e day of the year on which the product was manufactured, with "001" representing the first day of the year, "002" representin g 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 removi ng any product packaging.

(f) The requirements of this section do not appl y 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 expl anation 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 otherwis e 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, co ating 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:



## 13

### (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 cl eaning 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 acco rdance 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 sp ecified in this regulation.



## 14FINAL ACTION ON REGULATIONS
496

MARYLAND REGISTER, VOLUME 39, I SSUE 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 substantiv ely 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 re gulation, 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 Pr oducts. 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 dete rmined 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 solven t 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 a nd 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 Commissioner506

MARYLAND REGISTER, VOLUME 39, I SSUE 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
1659

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

o peration, 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 followin g 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

HM IWI 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 EP A 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

- s ite 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) C omply 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. C ompliance 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 te st 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 woul d 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 f

rom 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 amen ded 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 fac ility 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, 201 1 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 De cember 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



# Subt itle 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 v ehicle 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 Implementati on 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 manufac tured 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 e missions from automobile refinishing industries that includes coating standards and coating application equipment, cleanup and surface preparation, andPROPOSED ACTION ON REGULATIONS

1660

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 contro l 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 emiss ions 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 lb s/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 affecte d 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 a nd 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 reco rd 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 compone nts, 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 S tatewide 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. C omparison 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 t han 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 t han 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 NO

x 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 S tate and
nationwide. The eff

ective 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 low

solvent or waterborn e 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 a n 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 sign ificant 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 pro posed regulation has an
estimated S tatewide 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 invento ry 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
1661

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 sourc es, specifically auto repair and refinishing operations in the S tate

, 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 li mits 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 initia lly 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 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 CA RB 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 S tatewide
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 regula tion 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 Businesse s 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 Depa rtment 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
Radi ation 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 he aring. 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 Departme nt 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 mobilePROPOSED ACTION ON REGULATIONS

1662

MARYLAND REGISTER , VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011 equipment refinishing, service, maintenance, repair, restoration, or modification.

(ii) ― Automotive coating ‖ include s 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) Automo tive 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 i s 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 la beled 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 subsequen t 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 com ponents 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 oth er 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 ov er 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) ‖ Exemp t 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; a nd (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 airport s;

(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 app lication 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, mult icolor, 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. Th e 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
determ ined 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 compoun ds methyl acetate,

acetone, t

- butyl acetate, and PCBTF shall be determined by ASTM Designation: D 6133

- 02, ― Standard Test Method for Acetone, p

Chlorobenzotrifluoride, Methyl Acetate or t

- Butyl Acetate Content ofPROPOSED ACTION ON REGULATIONS
1663

MARYLAND REGISTER, VOLUME 38, ISSUE 25, FRIDAY, DECEMBER 2, 2011 Solventborne and Waterborne Paints, Coating s, 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
dete rmined 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 deter mined 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 Coating s. 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) Me tallic 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 Equ ivalency. 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 pa ssive 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) Emi ssion 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 Janua ry 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 T

otal 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, A ppendix 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 regulati on, 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 Meth od 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 Pain ts, 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: ― Determinatio n 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 V

olatile 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 Referen ce 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 coa ting 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 offere d 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 flu id 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 w ho does not receive compensation for the application of the coating.PROPOSED ACTION ON REGULATIONS

1664

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 applicati on 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, s ell, 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 us e 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 C ontent 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

Automotiv e 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 sh all 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 foll owing 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)

Wher e: 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, exe mpt 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 u se 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 emiss ion 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 m ay 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 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; orPROPOSED ACTION ON REGULATIONS
1665

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 e quipment, 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 coa ting; (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 demonstra te 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 demonstrat ion 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 dis trict 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 clean ed 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 in to 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 u sed 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 absorb ent 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 t he 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 i n 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 M onitoring 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

in formation 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, e xpressed 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 a nd 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 regu lation ) 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 manufact urer ’ 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 w hichPROPOSED ACTION ON REGULATIONS

1666

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;

(ii i) 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 s heets, 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 t he 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 conti nuous 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 y ears 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 affixe d 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 requiremen ts 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) T he 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, informat ion 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, s old, 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 ma nufacture 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

- Th rough 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 aut omotive 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 t his 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 t est 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. SUMMER S, Ph.D. Secretary of the Environment

# T E C H N I C A L 

# S U P P O R T 

# D O C U M E N T

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 ope rating standards for vehicle refinishing facilities in Maryla nd through the implementation of VOC content limits for coatings and cleaning solvents us ed during the preparation, application, and drying phases of vehicle refi nishing, coating application standards, work practices standards, and monitoring and recordkeeping standards.

Background

Source Description

Vehicle refinishing include s 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 bodi es, camper shells, and other miscellaneous mobile equipment capable of being driven or drawn on a roadway or rails. Most of these operations occur at sma ll 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 us e of compliant coatings and so lvents, the use of application equipment with increased transfer efficienc y, and stringent work practice standards.

Regulatory History

The U.S. EPA published an Alternative Control Technique (ACT) for Automobile Refinishing (1994) which reco mmended control options su ch as improved transfer efficiency and VOC content limits from coati ngs used in vehicle refinishing operations for consideration by states in developing ozone attainment plans. U nder 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 coatin g content limits, coating app lication 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 co ating application me thods, 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 st orage of coatings and solvents used.

Sources Affected by the Regulation

The proposed regulation app lies to the following sources:

• Auto body and collision repair shops, fl eet operator repair and paint shops, new and used auto dealer repair a nd 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 Maryland 1 

## ;

• Manufacturers, suppliers, and distributors of coatings and cleaning solvents intended for use and application to motor vehicles, mobile equipment, and associated components w ithin the State; and,

• Manufacturers, suppliers, and distribu tors 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 th e following VOC content limits for coatings and cleaning solvents as of July 1, 2013:

VOC Content Limits for Automotive Coa tings. 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 Limi ts for Automotive Coatings for Motor Vehicle and Mobile Equipmen t 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 me tallic/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, in cluding 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 Agen cy and which are listed in 40 CFR §51.100(s), as amended as defined under the term “V olatile organic compound” in COMAR 26.11.01.01 -
General Administrative Provisions.



## VOC Content Limits for Cleaning Solv ents. All affected facilities must use cleaning solvents that meet the following VOC limits as specified in the regulation:

Table 2: Proposed VOC Content Li mits for Cleaning Solvents for Motor Vehicle and Mobile Equipmen t 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 esta blishes 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 coat ing 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 a nd operators of affected facilities that implement a training program must include work practice standards and training measures as spec ified in the regulation.

Compliance and Recordkeeping Requirem ents. All affected facilities are required to keep extensive records on the amount of ea ch coating used, the VOC content of the coatings, purc hase records, etc. Facilitie s using an emission control system must maintain a daily record of system operating parameters such as temperature, pressure drops, and air fl ow rates to demonstrate compliance.

Container Labeling Requirements. Labels affixed to containers of coatings and coating components must include th e 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. Manufactur ers of coatings subject to the proposed regulation must display on a labe l 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-co mpliant products (coatings, coating components, and cleaning solvents), manuf actured prior to the rule’s effective date to be supplied and sold in the State provided it me ets 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 require ments in the proposed regulation or an equivalent test method approved in writi ng by the Department and the U.S. EPA.

Alternative Compliance. Allows for a lternative compliance with the use of an emission control device that meets the following requirements:

• An overall control efficiency of 85 pe rcent 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 we re 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 es timates by the Department, the proposed regulation has an estimated statewide VOC em issions reduction poten tial of 65 percent from the vehicle refinishing category of the current baseline emissions inventory. Maryland’s 2002 baseline emissions invent ory indicates that VOC emissions from vehicle refinishing total 3.7 tons/day. The pr oposed 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 numb er of automotive refinishing coatings and cleaning solvents that comply with the VOC content limits for each proposed category. Low-VOC formulations that al ready exist in the marketplace include
waterborne and low-VOC solvent based.

Economic Impact

Economic Impact on Affected Sources

The proposed regulation could have a ec onomic impact on thr ee potential sources: auto body and collision repair shops, fleet ope rator repair and paint shops, new and used auto dealer repair and paint shops, and afte rmarket auto customizing and detailing shops located within the state; ma nufacturers, suppliers, and di stributors of coatings and cleaning solvents intended fo r use and application to mob ile equipment and associated components within the state; and, manufact urers, suppliers, an d 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 nu mber of auto refinishing coatings and cleaning solvents that comp ly with the proposed VOC c ontent limits are currently available on the market. These coatings a nd cleaning solvents can be applied using several application methods and are compatib le with the workflow of many autobody and collision repair paint shops. In fact, th ere 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 alternat ive compliance provisions found in the regulation should give retailers, distribut ors, autobody and collision repair shops, and other affected sources flexibility to redu ce 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 refini shing operations may initially incur additional co sts 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 complianc e cost of $1,022 per facility 2 

## . The Department expects the costs associated with complian ce to decrease with the increas ing availability of compliant automotive coatings and applications equipment which have been used in auto repair and refinishing facilities in states su ch as California for several years 3



## .

Environmental Impact

While the proposed regulation is not expect ed to have a significant impact on the environment or the public, the use an d implementation of compliant low-VOC automotive coatings and cleaning solvents a nd stringent application and work practice standards is expected to reduce VOC emissi ons 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 appli cable to vehicle refi nishing operations in Maryland 4 

## :

• 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 Polluta nts (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 Informa tion for Promulgated Standards (EPA-453/R-96-011b, October 1988) and one ACT: Alternative Control Techni ques 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 co ating application proc esses, 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 automo tive refinishing operations. The applicable emission limits, control technologies, and stan dards 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 Co ntrol 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 Coa ting 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 Re lay Service 

### Martin O’Malley
Governor

Anthony G. Brown
Lieutenant Governor



## December 9, 2011

CERTIFICATE OF PUBLICATION

This is to certify that the “Mar yland Department of the Environmen t (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 un til at least January 12, 2012. The notice in full with links to supporting docu ments 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, Regula tions Coordinator of the Air and Radiation Management Ad ministration 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] Sign In

MDE

Contact Us

Directions to MDE

MDE Locations

MDE Calendar

MDEStat

EnviroMatters

Grants and

Financial
Assistance

Featured Staff

MDE Fiscal Analysis Project
Hearings, Meetings & Request for
Comments

Work with MDE

About MDE Home MDE Public Meetings, Hearings and Request for Comments

MDE Calendar

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.

Please click here for more information.

Acrobat® Reader is required to view and print the PDF files. If you do not have it click on the icon to the right. Problem Solver | Maryland.gov | Online Services | State Agencies | Phone Directory

email friend print page

HOME MARYLANDER BUSINESS RESEARCH CENTER NEWSROOM Search

### 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 Ad ministration, 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 Artic le, 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 th e 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 Refinishin g

Dear Ms. Rabin :

The American Coatings Association 1 

## (ACA) is submitting comments concerning 26.11.19 Volatile Organic Compounds from Specific Processes . ACA appreciates the opportunity to comme nt on this important rulemaking and we hope our comments wi ll 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, w e 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 adj acent 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 th e 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 m anufacturers, 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 e ducational 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”. There fore

, 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 regulati on

. ”

4. General Requirements

, Cleaning Solvents, VOC M easurements : 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 w eight

. 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 sta tes. 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 ado pted 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 clean ing solvents [section (2)(c) ] requires the VOC content to be in grams per liter. T o 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 consis tent 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 = wei ght 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 clea ner 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 J uly 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 Submitte d,

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 Janua ry 11, 2012 at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Room, Baltimore, Maryland
21230.

Hearing Officer : Deborah Rabin, Regulations Coordina tor, Air and Radiation Management Administration, served as Hearing Officer.

Attendance : Mike Pecilunas of RRR Auto motive, Hank Clark of Mid-Atlantic Paint, Randy Haranin of PPG Industries, Inc., James (Jaime) Young of Du Pont Performance Coatings, Mark Meredith of NAPA, and Michelle Liljc of Finish Master attended the public hearing.

Statement : The Department's statement was submitte d into the record by Mr. Eddie DuRant, Regulatory Engineer within the Regulations De velopment 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-da y 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 pain ts 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, supp liers, and distributors of coatings, cleaning solvents, and application equipment and auto body and repair shops the necessary time to organize training, evaluate logistics, trans ition 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 Em issions 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 Em issions 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 Fi nish 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 st ated 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 ma terial 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

## 4 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” cate gory 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.

## 5 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 regulati on COMAR 26.11.32 of these cleaners, the two regulations should have the same limits and should ha ve the same exclusions from determination of
VOC content. LVPs are not included in the dete rmination of VOC content (see 26.11.32.01D(2)) for those cleaners. We are not requesting LVPs be ex cluded 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. Theref ore 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.