cilitate drainage of percolate. The cap shall be placed on a

bedding that is free of rocks, roots, and other injurious materials.

(3) Drainage Layer. A drainage layer with a minimum

thickness of 6 inches shall be emplaced immediately above

the low permeability cap. Acceptable drainage layer material

shall include clean sand or other natural coarse grained material with an in-place permeability greater than 1 × 10-3

centimeters/second adequate to remove water from above the

low permeability layer sufficiently quickly that the overlying

protective layers remain stable. The drainage layer shall be

free of materials which may puncture or otherwise jeopardize the integrity of the low permeability cap. Commercially

available filter fabrics, when used in conjunction with synthetic drainage blankets, may serve instead of the fine material, provided that the Department reviews and approves the

selected materials and design configuration.

(4) Soil Cover. A final earthen cover shall be placed over

the drainage layer. The minimum cover thickness shall be 2

feet. The minimum cover slope shall be 4 percent to facilitate

surface drainage from the site. The cover material shall contain sufficient organic material and nutrients to sustain a

vegetative cover over time. Topsoil, or topsoil created using

sewage sludge, and less select soils as authorized by COMAR

26.04.06, shall constitute acceptable final cover.

(5) Vegetative Stabilization. Within 30 days after the final earthen cover has been installed, the area shall be vegetatively stabilized using a perennial cover species as specified in the mining and reclamation plan.

B. Based on site conditions, the size and design of the

project, and other considerations as determined by the Department, the Department may require other closure requirements it considers necessary to protect public health and the

environment.

.09 Post-Closure Monitoring and Maintenance.

A. A permittee shall conduct post-closure monitoring and

maintenance of a permitted site as specified in this regulation for a period of time not less than 5 years after the complete installation of the closure cap under Regulation .08 of

this chapter. This time period may be extended by the Department if the Department determines an extension is necessary under §F of this regulation.

B. A permittee shall conduct all leachate management activities necessary to insure that no discharge of leachate to

the ground water or unauthorized discharge to surface water

occurs during the post-closure period.

C. Inspections. A permittee or a permittee’s authorized

representative shall inspect a closed site at least twice a year.

The inspection shall include:

(1) Observation of the cover at the site;

(2) Notation of any drainage irregularities or signs of

erosion of the cover;

(3) Notation of any surface expressions of leachate at

the site; and

(4) Checking the status of the monitoring wells.

D. Maintenance. A permittee shall correct irregularities or

problems noted during an inspection within 30 days of their

observance unless otherwise directed by the Department.

E. Reporting and Record Keeping. A permittee shall

record and report to the Department within 60 days of an

inspection the results of the inspection. A permittee of a site

shall maintain copies of the results of inspections on file at

an accessible location for a period of 5 years following closure of the site.

F. Environmental Monitoring.

(1) A permittee shall conduct ground water and surface

water monitoring in accordance with the monitoring plan

under Regulation .07 of this chapter for a period of at least 5

years following closure of a site.

(2) The time period specified under §F(1) of this regulation may be extended by the Department:

(a) If results of monitoring indicate that a possible

impact on water quality caused by the surface mine reclamation is or may be occurring;

(b) If the ground water flow regime and disposition of

the monitoring system is such that the monitoring system

may not yet have detected any changes if they have occurred;

(c) If significant maintenance situations occur at a

site during the 5 year period after closure; or

(d) For other good cause.

G. If post-reclamation land use includes development of a

site, a permittee shall submit to the Department for review

and approval an operations plan for disturbance of the closure cap and to verify the integrity of the liner and leachate

collection system.

H. The Department may retain the full surface mine bond

required under Environment Article, §15-823, Annotated

Code of Maryland, until the Department is satisfied that no

offsite impacts from the coal combustion byproducts will occur.

.10 Drinking Water Supply.

Based upon monitoring data, if a drinking water supply is

impacted at a site during active operation or during postclosure up to the time of bond release, a permittee shall:

A. Notify the Department within 24 hours of the impact to

the water supply, identifying the contaminants and contamination levels;

B. Immediately provide a temporary potable water supply

until a permanent replacement can be restored; and

C. Replace at no cost to affected property owners a permanent potable water supply that meets the minimum yield requirements established in COMAR 26.04.04.

.11 Coordinated Review.

The Department shall coordinate the review of an application for the use of coal combustion byproducts in noncoal

surface mine reclamation with all relevant Department administrations. The Department may seek comment and advice from other agencies as it considers appropriate.

.12 Unauthorized Use of Coal Combustion Byproducts.

A use of coal combustion byproducts in a noncoal surface

mine reclamation operation that is not in compliance with

the provisions of this chapter as determined by the Department is a disposal of a solid waste and is subject to all applicable laws and regulations governing the disposal of a solid

waste, including applicable permit requirements of the Department.

SHARI T. WILSON

Secretary of the Environment

Subtitle 11 AIR QUALITY

Notice of Proposed Action

[07-321-P-I]

The Secretary of the Environment proposes to:

(1) Amend Regulation .30 under COMAR 26.11.19

Volatile Organic Compounds from Specific Processes;

and

2298 PROPOSED ACTION ON REGULATIONS

MARYLAND REGISTER, VOL. 34, ISSUE 26 FRIDAY, DECEMBER 21, 2007
(2) Adopt new Regulations .01 — .07 under a new

chapter, COMAR 26.11.35 Volatile Organic Compounds

from Adhesives and Sealants.

Statement of Purpose

The purpose of this action is to establish emissions limits

for adhesive application and manufacturing operations under COMAR 26.11.19.30 and volatile organic compounds

(VOC) standards for over 40 categories of adhesives, sealants, adhesive primers, sealant primers, and cleaning solvents under new chapter COMAR 26.11.35.

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

Protection Agency as a revision to Maryland’s State Implementation Plan (SIP).

Background

Adhesives and Sealants

Adhesives, sealants, adhesive primers, and sealant primers are used in manufacturing, packaging, construction, and

installation of materials such as metal, wood, rubber, plastic, ceramics, fiberglass, and composites. An adhesive is a

material used to bond two surfaces. A sealant is a material

with adhesive properties that is used primarily to fill and

seal durably openings between two surfaces. VOC emissions

result from evaporation of solvents during surface preparation, transfer, application, drying, and cleaning operations.

Solvents solubilize the adhesive, sealant, or primer material

for application and prepare the surface to provide a stronger

bond. Solvents are also used to clean surfaces and equipment.

Existing Maryland Requirements

COMAR 26.11.19.15 Paint, Resin, and Adhesive Manufacturing and Adhesive Application specifies standards for

honeycomb core manufacturing, footwear manufacturing,

and spiral tube impregnating operations. Under COMAR

26.11.19.15C(4) General Emission Standard, up to 50

pounds per day of VOC emissions are allowed before a 3.8

pounds per gallon VOC limit or an 80 percent overall control requirement applies. The proposed new regulations under COMAR 26.11.35 for adhesives and sealants will replace COMAR 26.11.19.15C(4) effective January 1, 2009.

COMAR 26.11.19.30 Control of Volatile Organic Compounds

from Chemical Production and Polytetrafluoroethylene Installations contains requirements for the control of VOC

emissions from adhesives and sealants and exempts small

source emissions from controls. This regulation establishes

VOC standards for installations exceeding 20 pounds/day

and requires emission controls for installations above 50

pounds/day.

Basis for Adhesive Standards

The basis for the adhesive and sealant regulations is a

regional model rule developed by staff of member states, including Maryland, and the Ozone Transport Commission

(OTC) in 2006. The model rule itself was based in large part

upon the reasonably available control technology (RACT)

and best available retrofit control technology (BARCT) determination developed in 1998 by the California Air Resources Board (CARB). Based upon a review of those standards and comments received at public meetings, the OTC

states finalized a model rule suitable for implementation in

the Northeast in early 2007. The proposed adhesive and

sealant regulations reflect amendments to the OTC model

rule made by the Department in response to comments received during the Maryland stakeholder process.

Requirements of the Amendments and New Regulations

The proposed action:

(1) Expands COMAR 26.11.19.30 to include fluoropolymer materials and establishes emission limits from adhesive application and manufacturing; and

(2) Adopts new regulations, effective January 1, 2009,

under new chapter COMAR 26.11.35 that:

(a) Set standards for the application of adhesives,

sealants, adhesive primers, and sealant primers by providing options for appliers either to use a product with a VOC

content equal to or less than a specified limit or to use

add-on controls;

(b) Establish standards for cleanup solvents;

(c) Establish a VOC limit for surface preparation solvents;

(d) Provide for an alternative add-on control system

requirement of at least 85 percent overall control efficiency

(capture and destruction), by weight;

(e) Provide exemptions for certain operations such as

medical and defense equipment manufacturing and for

small containers;

(f) Require simplified records of materials used and

VOC content to be maintained for 5 years, with more detailed records required for noncompliant products on material usage from persons who qualify for exemptions;

(g) Require that VOC-containing materials must be

stored or disposed of in closed containers;

(h) Prohibit the sale of any adhesive, sealant, adhesive primer, or sealant primer that exceeds the VOC content

limits;

(i) Require manufacturers to label containers with

the maximum VOC content as supplied, as well as the maximum VOC content on an as-applied basis when used in accordance with the manufacturer’s recommendations regarding thinning, reducing, or mixing with any other VOC

containing material; and

(j) Prohibit the specification of any adhesive, primer,

or sealant that violates the provisions of the proposed regulations.

Exemptions

Several adhesive and sealant applications and products

are exempt from the proposed regulations: tire repair, assembly and manufacture of components for undersea-based

ship and weapon systems, electronic systems and subsystems for defense and homeland security, testing and

evaluation associated with research and development, solvent welding operations for medical devices, plaque laminating operations, products or processes subject to COMAR

26.11.19.15, 26.11.19.30, or 26.11.32, small containers (net

volume of 16 fluid ounces or less, or net weight of 1 pound),

and low-VOC products (less than 20 grams/liter). The proposed regulations also provide an exemption for adhesive

application operations at stationary sources that use less

than 55 gallons per calendar year of noncomplying adhesives and for stationary sources that emit not more than

200 pounds of VOCs per calendar year.

Affected Sources

The proposed action applies to a person who, on or after

January 1, 2009, sells, supplies, offers for sale, or manufactures for sale in the State any adhesive, sealant, adhesive

primer, or sealant primer for use in the State or uses or applies, for compensation or facilities maintenance, an adhesive, sealant, adhesive primer, or sealant primer within the

State.

PROPOSED ACTION ON REGULATIONS 2299

MARYLAND REGISTER, VOL. 34, ISSUE 26 FRIDAY, DECEMBER 21, 2007
Emissions Reductions Expected

The technical analysis conducted through the OTC estimated that the model rule would achieve emission reductions corresponding to about 64 to 78 percent reduction from

uncontrolled levels. The emission reduction estimate for

Maryland, based on the lower end of this range, is approximately 6 tons per day of VOCs in 2009.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The cost impact of the adhesives regulations ranges from a savings of approximately $1,000

per ton to a cost of $2,500 per ton of VOC reduced. These costs are

likely to be less in this region because some of the costs reflect onetime research and reformulation costs incurred for products sold in

California.

II. Types of

Economic Impact.

Revenue

(R+/R)

Expenditure

(E+/E) Magnitude

A. On issuing agency:

(1) Initial administrative cost (E+) $10,500

(2) Annual cost (E+) $23,000

B. On other State agencies: (E+) Minimal

C. On local governments: (E+) Minimal

Benefit (+)

Cost () Magnitude

D. On regulated industries or

trade groups:

() Less than

$2,500 per ton

of VOC reduced

E. On other industries or trade

groups: () Minimal

F. Direct and indirect effects on

public:

(1) Cost () Minimal

(2) Health benefits (+) Undeterminable

III. Assumptions. (Identified by Impact Letter and Number

from Section II.)

A(1). This estimate of an initial administrative cost of approximately $10,500 is based on projected utilization of resources in calendar year 2008.

A(2). The estimate of $23,000 represents roughly one-half of a

full-time equivalent salary in 2009. This workload will be addressed through the reallocation of existing resources.

B. and C. State and local agencies are not expected to incur significant incremental costs for the use of regulated materials. Reformulated products have been developed and are in use in the California market and can be transitioned to Maryland. Streamlined

record keeping provisions are expected to minimize administrative

costs.

D. Manufacturers of adhesives and sealants that supply national

markets reformulated their products to meet the standards of the

California Air Resources Board (CARB), which have been in effect

in California for several years. CARB estimated that the cost per

ton of VOC reduced varied between an expense of $2,500 to a savings of $1,000. Actual reformulation costs are likely to be lower in

this region because the estimated costs reflected one-time research

and reformulation costs incurred for products sold in California. In

addition, exemptions under the proposed action provide flexibility

and reduce the cost of compliance. Streamlined recordkeeping provisions are expected to minimize the administrative costs associated with demonstrating compliance with the standards.

E. The economic impact of the proposed action upon other industries and trade groups is minimal, as national manufacturers have

been producing compliant products to meet these standards in California for several years.

F(1). The economic impact of the proposed action upon the general public is minimal, as national manufacturers have been producing compliant products to meet the standards in California for

several years.

F(2). The expected reduction in emissions will help improve

Maryland’s air quality and will result in fewer negative health effects on the general public from air pollution.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact

on small businesses.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with

disabilities as follows: This action will have a positive impact on individuals with disabilities involving respiratory

problems by reducing air pollutants that contribute to disease.

Opportunity for Public Comment

The Department of the Environment will hold a public

hearing on the proposed action on January 23, 2008, at 10

a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Aqua Conference Room, 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. Comments may also be faxed to

Deborah Rabin at (410) 537-4223 or submitted via e-mail to

drabin@mde.state.md.us. Comments must be received not

later than January 23, 2008, or be submitted at the hearing.

For more information, call Deborah Rabin at (410) 537-

3240.

Copies of the proposed action and supporting documents

are available for review at the following locations: The Air

and Radiation Management Administration; regional offices

of the Department in Cumberland and Salisbury; all local

air quality control offices; and local health departments in

those counties not having separate air quality control offices.

Anyone needing special accommodations at the public

hearing should contact the Department’s Fair Practices Office at (410) 537-3964 at least 5 business days in advance of

the hearing. TTY users may contact the Department

through the Maryland Relay Service at 410-537-4396.

Editor’s Note on Incorporation by Reference

Pursuant to State Government Article, §7-207, Annotated

Code of Maryland, the

(1) SCAQMD Method 304-91 Determination of Volatile

Organic Compounds in Various Materials (Revised February

1996);

(2) ASTM Designation: ASTM D 4457-85 (Reapproved

1996) Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings

by Direct Injection into a Gas Chromatograph;

(3) ASTM Designation: ASTM E 260-91 Standard Practice

for Gas Column Chromatography;

(4) ASTM Designation: ASTM E 260-96 (Reapproved

2006) Standard Practice for Gas Column Chromatography;

(5) ASTM Designation: ASTM D 3792-79 Standard Test

Method for Water Content of Coatings by Direct Injections

Into a Gas Chromatograph;

(6) ASTM Designation: ASTM D 3792-86 Standard Test

Method for Water Content of Coatings by Direct Injection

Into a Gas Chromatograph;

2300 PROPOSED ACTION ON REGULATIONS

MARYLAND REGISTER, VOL. 34, ISSUE 26 FRIDAY, DECEMBER 21, 2007
(7) ASTM Designation: ASTM D 2879-86 Standard Test

Method for Vapor Pressure-Temperature Relationship and

Initial Decomposition Temperature of Liquids by Isoteniscope;

(8) EPA Technical Document ‘‘Guidelines for Determining

Capture Efficiency’’, issued January 9, 1995 (40 CFR Part 51

Appendix M);

(9) CARB Method 100 Procedures for Continuous Gaseous

Emission Stack Sampling (Amended July 28, 1997);

(10) SCAQMD ‘‘General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems’’, dated October 3, 1989; and

(11) SCAQMD Method 316A-92 Determination for Volatile Organic Compounds in Materials Used for Pipes and Fittings (Revised October 1996) have been declared documents

generally available to the public and appropriate for incorporation by reference. For this reason, they will not be printed

in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these documents are filed in special public depositories located throughout the State. A list of

these depositories was published in 34:1 Md. R. 13 (January

5, 2007), and is available online at www.dsd.state.md.us.

These documents may also be inspected at the office of the

Division of State Documents, 16 Francis Street, Annapolis,

Maryland 21401.

26.11.19 Volatile Organic Compounds from

Specific Processes

Environment Article, §§1-101, 1-404, 2-101 — 2-103, 2-301 — 2-303, 10-102,

and 10-203,

Annotated Code of Maryland

.30 Control of Volatile Organic Compounds from

Chemical Production and [Polytetrafluoroethylene] Fluoropolymer Material Installations.

A. Definitions. In this regulation, the following terms

have the [meaning] meanings indicated.

B. Terms Defined.

(1) — (3) (text unchanged)

[(3-1)] (4) ‘‘Dipping trough’’ means a component of [a

PTFE] an FPM shaping and forming process consisting of a

shallow pan containing VOC that is used to maintain flexibility of the [PTFE] FPM product.

[(4-1)] (5) [‘‘Polytetrafluoroethylene (PTFE)’’] ‘‘Fluoropolymer material (FPM)’’ means an inert fluorinated

chemical that includes polytetrafluoroethylene or similar

materials and is processed with other materials to produce

products that are temperature resistant, chemically inert,

and weather durable.

[(4-2)] (6) ‘‘[PTFE] FPM coating installation’’ means an

installation that applies a coating to [PTFE] FPM or [a

PTFE] an FPM product.

[(4-3)] (7) [PTFE] FPM Process Installation.

(a) ‘‘[PTFE] FPM process installation’’ means an installation that treats [PTFE] FPM so that its shape or form

is permanently changed and that results in VOC emissions

into the air.

(b) ‘‘[PTFE] FPM process installation’’ does not include [a PTFE] an FPM coating installation.

[(3-2)] (8) Inorganic [chemical production installation]

Chemical Production Installation.

(a) (text unchanged)

(b) ‘‘Inorganic chemical production installation’’ does

not include [a PTFE] an FPM installation.

[(4)] (9) (text unchanged)

[(4-4)] (10) (text unchanged)

[(5)] (11) Product [condenser] Condenser.

(a) — (b) (text unchanged)

C. Applicability.

(1) (text unchanged)

(2) A person who owns or operates an installation subject to the requirements in this regulation is not, for that

installation, subject to any other regulation included under:

(a) [COMAR 26.11.19] This chapter, except [COMAR

26.11.19.01] Regulations .01, .02, and .16 of this chapter[.];

(b) COMAR 26.11.35, if monthly records are maintained to demonstrate that VOC emissions from:

(i) The application of all adhesives, sealants, adhesive primers, and sealant primers do not exceed 400 pounds

per year; and

(ii) Adhesive manufacturing do not exceed 200

pounds per year.

(3) Section E of this regulation applies to a person who

owns or operates [a PTFE] an FPM process installation or

[PTFE] FPM coating installation that, on any day, has total

actual uncontrolled VOC emissions of 20 pounds or more.

D. (text unchanged)

E. General Requirements for [PTFE] FPM Process Installations.

(1) A person who owns or operates [a PTFE] an FPM

process installation that has actual uncontrolled VOC emissions of 50 pounds or more per day shall vent the emissions

into a thermal oxidizer system or other control method approved by the Department to destroy or reduce VOC emissions by 85 percent or more, overall.

(2) If a thermal oxidizer is installed, the oxidizer combustion chamber shall be:

(a) — (c) (text unchanged)

(d) Equipped with an interlock system that prevents

operation of the [PTFE] FPM installation unless the approved control system is operating.

(3) — (4) (text unchanged)

(5) A person who owns or operates [a PTFE] an FPM

compounding and tape or shape-forming installation shall

minimize fugitive emissions of VOC by:

(a) Immediately enclosing all wet [PTFE] FPM during storage; and

(b) (text unchanged)

(6) A person who owns or operates [a PTFE] an FPM

coating installation that has actual uncontrolled VOC emissions of 20 pounds or more per day may not use a coating

that has a VOC content exceeding 2.9 pounds per gallon unless the installation is equipped with a control device that

meets the requirements in §E(2), (3), and (4) of this regulation.

F. (text unchanged)

26.11.35 Volatile Organic Compounds from

Adhesives and Sealants

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

2-301 — 2-303, 10-102, and 10-203,

Annotated Code of Maryland

.01 Applicability and Exemptions.

A. This chapter applies to a person who, on or after January 1, 2009:

(1) Sells, supplies, offers for sale, or manufactures for

sale in the State an adhesive, sealant, adhesive primer, or

sealant primer for use in the State; or

(2) Uses or applies, for compensation or facilities maintenance, an adhesive, sealant, adhesive primer, or sealant

primer within the State.

PROPOSED ACTION ON REGULATIONS 2301

MARYLAND REGISTER, VOL. 34, ISSUE 26 FRIDAY, DECEMBER 21, 2007
B. The requirements of this chapter do not apply to the use

or sale of the following compounds:

(1) Adhesives, sealants, adhesive primers, or sealant

primers being tested or evaluated in a research and development, quality assurance, or analytical laboratory, if records

are maintained as required in Regulation .05A of this chapter;

(2) Adhesives, sealants, adhesive primers, or sealant

primers that are subject to COMAR 26.11.19.15C(1) — (3),

COMAR 26.11.19.30 in accordance with the conditions in

the regulation, or COMAR 26.11.32;

(3) Adhesives and sealants that contain less than 20

grams of VOC per liter of adhesive or sealant, less water and

less exempt compounds, as applied;

(4) Cyanoacrylate adhesives;

(5) Adhesives, sealants, adhesive primers, or sealant

primers, except plastic cement welding, ABS, CPVC, and

PVC adhesives, and contact bond adhesives that are sold or

supplied by the manufacturer or supplier in containers with:

(a) A net volume of 16 fluid ounces or less; or

(b) A net weight of 1 pound or less; or

(6) Contact bond adhesives that are sold or supplied by

the manufacturer or supplier in containers with a net volume of 1 gallon or less.

C. The requirements of this chapter do not apply to the use

of adhesives, sealants, adhesive primers, sealant primers,

surface preparation solvents, or cleanup solvents in the following operations:

(1) Tire repair operations, if the label of the adhesive

states, ‘‘For Tire Repair Only’’;

(2) Research and development, testing, manufacture,

assembly, and repair of:

(a) Aerospace components;

(b) Undersea-based ship and weapons systems components; and

(c) Specialty electronic systems and subsystems for

defense and homeland security;

(3) The manufacture of medical equipment, including

medical devices subject to COMAR 26.11.19.31; and

(4) Plaque laminating operations in which adhesives

are used to bond clear, polyester acetate laminate to wood

with lamination equipment installed before July 1, 1992.

D. The provisions of this chapter do not apply if:

(1) The total VOC emissions from all noncomplying adhesives, sealants, adhesive primers, and sealant primers

used at the source are less than 200 pounds per calendar

year, or an equivalent volume; and

(2) The person claiming the usage exemption under

§D(1) of this regulation maintains monthly operational

records sufficient to demonstrate compliance as required by

Regulation .05B of this chapter.

E. The provisions of Regulation .04A and D of this chapter do not apply to the use of adhesives, sealants, adhesive

primers, sealant primers, cleanup solvents, and surface

preparation solvents if:

(1) The total volume of noncomplying adhesives, sealants, primers, cleanup solvents, and surface preparation solvents applied facility-wide does not exceed 55 gallons per

calendar year; and

(2) The person claiming the usage exemption under

§E(1) of this regulation maintains monthly operational

records sufficient to demonstrate compliance as required by

Regulation .05A of this chapter.

F. This chapter does not apply to a manufacturer or distributor who sells, supplies, or offers for sale in the State an

adhesive, sealant, adhesive primer, or sealant primer that

does not comply with Regulation .04A of this chapter, if the

manufacturer or distributor makes and keeps records demonstrating that:

(1) The adhesive, sealant, adhesive primer, or sealant

primer is intended for shipment and use outside the State;

and

(2) The manufacturer or distributor has taken reasonable precautions to assure that the adhesive, sealant, adhesive primer, or sealant primer is not distributed to or within

the State.

G. Notwithstanding §F of this regulation, this chapter

does apply to an adhesive, sealant, adhesive primer, or sealant primer that is sold, supplied, or offered for sale by a person to a retail outlet in the State.

H. Regulation .04A of this chapter does not apply to the

sale of an adhesive, sealant, adhesive primer, or sealant

primer to a person using State permitted add-on air pollution control equipment, pursuant to Regulation .04E of this

chapter, to comply with the requirements of this chapter.

.02 Incorporation by Reference.

A. In this chapter, the following documents are incorporated by reference.

B. Documents Incorporated.

(1) SCAQMD Method 304-91 Determination of Volatile

Organic Compounds in Various Materials (Revised February

1996).

(2) ASTM Designation: ASTM D 4457-85 (Reapproved

1996) Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph.

(3) ASTM Designation: ASTM E 260-91 Standard

Practice for Gas Column Chromatography.

(4) ASTM Designation: ASTM E 260-96 (Reapproved

2006) Standard Practice for Gas Column Chromatography.

(5) ASTM Designation: ASTM D 3792-79 Standard

Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph.

(6) ASTM Designation: ASTM D 3792-86 Standard

Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph.

(7) ASTM Designation: ASTM D 2879-86 Standard

Test Method for Vapor Pressure-Temperature Relationship

and Initial Decomposition Temperature of Liquids by Isoteniscope.

(8) EPA Technical Document ‘‘Guidelines for Determining Capture Efficiency’’, issued January 9, 1995 (40 CFR

Part 51 Appendix M).

(9) CARB Method 100 Procedures for Continuous Gaseous Emission Stack Sampling (Amended July 28, 1997).

(10) SCAQMD ‘‘General Test Method for Determining

Solvent Losses from Spray Gun Cleaning Systems’’, dated

October 3, 1989.

(11) SCAQMD Method 316A-92 Determination of Volatile Organic Compounds in Materials Used for Pipes and

Fittings (Revised October 1996).

.03 Definitions.

A. In this chapter, the following terms have the meanings

indicated.

B. Terms Defined.

(1) ‘‘ABS welding adhesive’’ means acrylonitrilebutadiene-styrene adhesive.

(2) ‘‘Acrylonitrile-butadiene-styrene adhesive’’ means an

adhesive intended by the manufacturer to weld acrylonitrilebutadiene-styrene pipe, which is made by reacting monomers

of acrylonitrile, butadiene, and styrene.

2302 PROPOSED ACTION ON REGULATIONS

MARYLAND REGISTER, VOL. 34, ISSUE 26 FRIDAY, DECEMBER 21, 2007
(3) ‘‘Adhesive’’ means a chemical substance that is applied for the purpose of bonding two surfaces together other

than by mechanical means.

(4) ‘‘Adhesive primer’’ means a product intended by the

manufacturer for application to a substrate, before the application of an adhesive, to provide a bonding surface.

(5) ‘‘Aerosol adhesive’’ means an adhesive packaged as

an aerosol product in which the spray mechanism is permanently housed in a nonrefillable can designed for handheld

application without the need for ancillary hoses or spray

equipment.

(6) ‘‘Aerospace component’’ means the fabricated part,

assembly of parts, or completed unit of an aircraft, helicopter, missile, or space vehicle, including passenger safety

equipment.

(7) ‘‘Architectural sealant or primer’’ means a sealant or

sealant primer intended by the manufacturer to be applied to

stationary structures, including mobile homes, and their appurtenances such as hand railings, cabinets, bathroom and

kitchen fixtures, fences, rain gutters and downspouts, and

windows.

(8) ‘‘Automotive glass adhesive primer’’ means an adhesive primer:

(a) Labeled by the manufacturer to be applied to automotive glass before installation of the glass using an

adhesive/sealant; and

(b) That improves adhesion to pinch weld and blocks

ultraviolet light.

(9) ‘‘CARB’’ means the California Air Resources Board.

(10) ‘‘Ceramic tile installation adhesive’’ means an adhesive intended by the manufacturer for use in the installation of ceramic tiles.

(11) ‘‘Chlorinated polyvinyl chloride plastic’’ means a

polymer of the vinyl chloride monomer that contains 67 percent chlorine and is normally marked with the identifier

‘‘CPVC’’.

(12) ‘‘Chlorinated polyvinyl chloride welding adhesive’’

means an adhesive labeled for welding of chlorinated polyvinyl chloride plastic.

(13) ‘‘Computer diskette jacket manufacturing adhesive’’ means an adhesive intended by the manufacturer to

glue the fold-over flaps to the body of a vinyl computer diskette jacket.

(14) Contact Bond Adhesive.

(a) ‘‘Contact bond adhesive’’ means an adhesive that:

(i) Is designed for application to both surfaces to be

bonded together;

(ii) Is allowed to dry before the two surfaces are

placed in contact with each other;

(iii) Forms an immediate bond that is impossible,

or difficult, to reposition after both adhesive-coated surfaces

are placed in contact with each other; and

(iv) Does not need sustained pressure or clamping

of surfaces after the adhesive-coated surfaces have been

brought together using sufficient momentary pressure to establish full contact between both surfaces.

(b) ‘‘Contact bond adhesive’’ does not include rubber

cements that are primarily intended for use on paper substrates or vulcanizing fluids that are designed and labeled

for tire repair only.

(15) ‘‘Cove base’’ means a flooring trim unit, generally

made of vinyl or rubber, having a concave radius on one edge

and a convex radius on the opposite edge, that is used in

forming a junction between the bottom wall course and the

floor or to form an inside corner.

(16) ‘‘Cove base installation adhesive’’ means an adhesive intended by the manufacturer to be used for the installation of cove base or wall base on a wall or vertical surface at

floor level.

(17) ‘‘CPVC welding adhesive’’ means chlorinated polyvinyl chloride welding adhesive.

(18) ‘‘Cyanoacrylate adhesive’’ means an adhesive with

a cyanoacrylate content of at least 95 percent by weight.

(19) ‘‘Dry wall installation’’ means the installation of

gypsum dry wall to studs or solid surfaces using an adhesive

formulated for that purpose.

(20) ‘‘Exempt compound’’ means a compound that does

not contain VOCs.

(21) ‘‘Fiberglass’’ means a material consisting of extremely fine glass fibers.

(22) ‘‘Flexible vinyl’’ means nonrigid polyvinyl chloride

plastic with at least 5 percent by weight plasticizer content.

(23) Indoor Floor Covering Installation Adhesive.

(a) ‘‘Indoor floor covering installation adhesive’’

means an adhesive intended by the manufacturer for use in

the installation of wood flooring, carpet, resilient tile, vinyl

tile, vinyl backed carpet, resilient sheet and roll, or artificial

grass.

(b) ‘‘Indoor floor covering installation adhesive’’ does

not include adhesives used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a nonporous substrate, such as flexible vinyl.

(24) ‘‘Laminate’’ means a product made by bonding together two or more layers of material.

(25) ‘‘Low-solids adhesive, sealant, or primer’’ means a

product that contains 120 grams or less of solids per liter of

material.

(26) ‘‘Marine deck sealant’’ or ‘‘marine deck sealant

primer’’ means a sealant or sealant primer labeled for application to wooden marine decks.

(27) ‘‘Medical equipment manufacturing’’ means the

manufacture of medical devices, including catheters, heart

valves, blood cardioplegia machines, tracheostomy tubes,

blood oxygenators, and cardiatory reservoirs.

(28) ‘‘Metal to urethane/rubber molding or casting adhesive’’ means an adhesive intended by the manufacturer to

bond metal to high density or elastomeric urethane or

molded rubber materials, in heated molding or casting processes, to fabricate products such as rollers for computer

printers or other paper handling equipment.

(29) ‘‘Multipurpose construction adhesive’’ means an

adhesive intended by the manufacturer for use in the installation or repair of various construction materials, including

but not limited to drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile, and acoustical tile.

(30) ‘‘Nonmembrane roof installation/repair adhesive’’

means an adhesive intended by the manufacturer for use in

the installation or repair of nonmembrane roofs but is not

intended for the installation of prefabricated single-ply flexible roofing membrane, such as plastic or asphalt roof cement, asphalt roof coating, and cold application cement.

(31) ‘‘Operator’’ means the person or persons that are legally responsible for the operation of a source of air pollution.

(32) ‘‘Outdoor floor covering installation adhesive’’

means an adhesive intended by the manufacturer for use in

the installation of floor covering that is not in an enclosure

but is exposed to ambient weather conditions during normal

use.

(33) ‘‘Panel installation’’ means the installation of plywood, predecorated hardboard or tileboard, fiberglassPROPOSED ACTION ON REGULATIONS 2303

MARYLAND REGISTER, VOL. 34, ISSUE 26 FRIDAY, DECEMBER 21, 2007
reinforced plastic, and similar predecorated or nondecorated

panels to studs or solid surfaces using an adhesive formulated for that purpose.

(34) ‘‘Perimeter bonded sheet flooring installation’’

means the installation of sheet flooring with vinyl backing

onto a nonporous substrate using an adhesive designed to be

applied only to a strip of up to 4 inches wide around the perimeter of the sheet flooring.

(35) ‘‘Plastic cement welding adhesive’’ means an adhesive intended by the manufacturer for use to dissolve the surface of plastic, except ABS, CPVC, and PVC plastic, to form

a bond between mating surfaces.

(36) ‘‘Plastic cement welding adhesive primer’’ means a

primer intended by the manufacturer for use to prepare plastic substrates before bonding or welding.

(37) ‘‘Plastic foam’’ means foam constructed of plastics.

(38) ‘‘Plasticizer’’ means a material, such as a high boiling point organic solvent, that is incorporated into a vinyl to

increase its flexibility, workability, or distensibility, as determined by ASTM Method E-260-96.

(39) ‘‘Plastics’’ means synthetic materials chemically

formed by the polymerization of organic (carbon-based) substances that are usually compounded with modifiers, extenders, or reinforcers and are capable of being molded, extruded, cast into various shapes, or films, or drawn into

filaments.

(40) ‘‘Polyvinyl chloride plastic’’ means a polymer of the

chlorinated vinyl monomer that contains 57 percent chlorine.

(41) ‘‘Polyvinyl chloride (PVC) welding adhesive’’

means an adhesive intended by the manufacturer for use in

the welding of polyvinyl chloride plastic pipe.

(42) ‘‘Porous material’’ means a substance that has tiny

openings, often microscopic, in which fluids may be absorbed

or discharged, including, but not limited to, wood, paper,

and corrugated paperboard.

(43) ‘‘Propellant’’ means a fluid under pressure that expels the contents of a container when a valve is opened.

(44) ‘‘PVC welding adhesive’’ means polyvinyl chloride

welding adhesive.

(45) Radar System.

(a) ‘‘Radar system’’ means a system that uses electromagnetic waves to identify the range, altitude, direction, or

speed of both moving and fixed objects such as aircraft,

ships, motor vehicles, weather formations, and terrain.

(b) ‘‘Radar system’’ includes a transmitter that emits

radio waves, which are reflected by the target and detected

by a receiver, typically in the same location as the transmitter.

(46) ‘‘Reactive diluent’’ means a liquid that is a reactive

organic compound during application and through chemical

and physical reactions, such as polymerization, 20 percent or

more of the reactive organic compound becomes an integral

part of a finished material.

(47) ‘‘Roadway sealant’’ means a sealant intended by

the manufacturer for application to public streets, highways,

and other surfaces, including curbs, berms, driveways, and

parking lots.

(48) ‘‘Rubber’’ means a natural or manmade rubber

substrate, including, but not limited to, styrene-butadiene

rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene, and ethylene propylene

diene terpolymer.

(49) ‘‘SCAQMD’’ means the South Coast Air Quality

Management District, a part of the California Air Resources

Board, which is responsible for the regulation of air quality

in the State of California.

(50) Sealant.

(a) ‘‘Sealant’’ means a material with adhesive properties that is formulated primarily to fill, seal, waterproof, or

weatherproof gaps or joints between two surfaces.

(b) ‘‘Sealant’’ includes sealant primers and caulks.

(51) ‘‘Sealant primer’’ means a product intended by the

manufacturer for application to a substrate, before the application of a sealant, to enhance the bonding surface.

(52) Sheet-Applied Rubber Installation.

(a) ‘‘Sheet-applied rubber installation’’ means the process of applying sheet rubber liners by hand to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion.

(b) ‘‘Sheet-applied rubber installation’’ includes laminating sheet rubber to fabric by hand.

(53) ‘‘Single-ply roof membrane’’ means a prefabricated

single sheet of rubber, normally ethylene-propylenediene terpolymer, that is field applied to a building roof using one

layer of membrane material.

(54) ‘‘Single-ply roof membrane adhesive primer’’ means

a primer labeled for use to clean and promote adhesion of the

single-ply roof membrane seams or splices before bonding.

(55) ‘‘Single-ply roof membrane installation and repair

adhesive’’ means an adhesive labeled for use in:

(a) Single-ply roof membrane installation, which includes, as a minimum, attaching the edge of the membrane

to the edge of the roof and applying flashings to vents, pipes,

and ducts that protrude through the membrane; or

(b) Single-ply roof membrane repair, which includes

gluing the edges of torn membrane together, attaching a

patch over a hole, and reapplying flashings to vents, pipes,

or ducts installed through the membrane.

(56) ‘‘Single-ply roof membrane sealant’’ means a sealant labeled for application to single-ply roof membrane.

(57) ‘‘Solvent’’ means an organic compound that is used

as a diluent, thinner, dissolver, viscosity reducer, cleaning

agent, or other related use.

(58) ‘‘Specialty electronic systems and subsystems for

defense and homeland security’’ means electronic systems

and subsystems used in defense and homeland security applications for:

(a) Air traffic control;

(b) Ground-based, sea-based, and air-based command and control;

(c) Radar systems;

(d) Space;

(e) Detection of chemical, biological, or explosive materials; or

(f) Sensing, jamming, deciphering, scrambling, unscrambling, intercepting, and modifying electronic signals

and functions.

(59) ‘‘Structural glazing adhesive’’ means an adhesive

intended by the manufacturer to apply glass, ceramic, metal,

stone, or composite panels to exterior building frames.

(60) Subflooring Installation.

(a) ‘‘Subflooring installation’’ means the installation

of subflooring material over floor joists, including the construction of any load bearing joists.

(b) ‘‘Subflooring’’ includes being covered by a finish

surface material.

(61) ‘‘Surface preparation solvent’’ means a solvent used

to remove dirt, oil, and other contaminants from a substrate

before the application of a primer, adhesive, or sealant.

2304 PROPOSED ACTION ON REGULATIONS

MARYLAND REGISTER, VOL. 34, ISSUE 26 FRIDAY, DECEMBER 21, 2007
(62) ‘‘Thin metal laminating adhesive’’ means an adhesive intended by the manufacturer for use in bonding multiple layers of metal to metal or metal to plastic, in the production of electronic or magnetic components in which the

thickness of the bond line or lines is less than 0.25 mils.

(63) Tire Retread Adhesive.

(a) ‘‘Tire retread adhesive’’ means an adhesive intended by the manufacturer for application to the back of

precure tread rubber and to the casing and cushion rubber.

(b) ‘‘Tire retread adhesive’’ includes sealing buffed tire

casings to prevent oxidation while the tire is being prepared

for a new tread.

(64) ‘‘Tire repair’’ means a process that includes expanding a hole, tear, fissure, or blemish in a tire casing by grinding or gouging, applying adhesive, and filling the hole or

crevice with rubber.

(65) ‘‘Traffic marking tape’’ means preformed reflective

film intended by the manufacturer for application to public

streets, highways, and other surfaces, including curbs,

berms, driveways, and parking lots.

(66) ‘‘Traffic marking tape adhesive primer’’ means a

primer intended by the manufacturer for application to surfaces before installation of traffic marking tape.

(67) ‘‘Undersea-based ship and weapons systems components’’ means parts, an assembly of parts, or completed

units of defense-related manned or unmanned submersible

vehicles, and missile launching systems used on undersea

ships.

(68) ‘‘Waterproof resorcinol glue’’ means a two-part

resorcinol-resin-based adhesive designed for applications

where the bond line must be resistant to conditions of continuous immersion in fresh or salt water.

.04 Standards.

A. Except as provided in §E of this regulation and Regulation .01 of this chapter, on and after January 1, 2009, a person may not:

(1) Supply or offer for sale in the State an adhesive,

sealant, adhesive primer, or sealant primer manufactured on

or after January 1, 2009;

(2) Manufacture for sale in the State an adhesive, sealant, adhesive primer, or sealant primer in excess of the applicable VOC content limits specified in Table 1; or

(3) Use or apply an adhesive, sealant, adhesive primer,

or sealant primer within the State that exceeds the applicable VOC content limits specified in Table 1.

B. The VOC content limits in Table 1 for adhesives applied to the listed substrates are as follows:

(1) If an operator uses an adhesive or sealant subject to

a specific VOC content limit in Table 1, the specific limit,

rather than an adhesive-to-substrate limit, is applicable;

and

(2) If an adhesive is used to bond dissimilar substrates

together, the applicable substrate category with the highest

VOC content applies.

C. Surface Preparation or Cleanup Solvent.

(1) This section applies to a person subject to this chapter using a surface preparation or cleanup solvent.

(2) Except as provided in §C(3) of this regulation for

single-ply roofing, a person may not use materials for surface preparation containing VOCs unless the VOC content of

the surface preparation solvent is less than 70 grams per liter.

(3) If a surface preparation solvent is used in applying

single-ply roofing, a person may not use materials for surface preparation containing VOCs unless the composite vapor pressure, excluding water and exempt compounds, of the

surface preparation solvent does not exceed 45 millimeters of

mercury at 20° C.

(4) Except as provided in §C(5) of this regulation, a person may not use materials containing VOCs for the removal

of adhesives, sealants, or adhesive or sealant primers from

surfaces, other than spray application equipment, unless the

composite vapor pressure of the solvent used is less than 45

millimeters of mercury at 20° C.

(5) Removal of an adhesive, sealant, adhesive primer, or

sealant primer from the parts of spray application equipment shall be performed as follows:

(a) In an enclosed cleaning system or equivalent

cleaning system as determined by the test method identified

in Regulation .06H of this chapter;

(b) Using a solvent with a VOC content less than or

equal to 70 grams of VOC per liter of material; or

(c) Parts containing dried adhesive may be soaked in

a solvent if the composite vapor pressure of the solvent, excluding water and exempt compounds, is less than or equal

to 9.5 millimeters of mercury at 20° C and the parts and solvent are in a closed container that remains closed except

when adding parts to or removing parts from the container.

D. A person using an adhesive, sealant, adhesive primer,

or sealant primer subject to this chapter may comply with

§A(3) and C of this regulation using add-on air pollution

control equipment if the equipment meets the following requirements:

(1) The VOC emissions from the use of all adhesives,

sealants, adhesive primers, or sealant primers are reduced

by an overall capture and control efficiency of at least 85 percent, by weight;

(2) The combustion temperature is monitored continuously if a thermal incinerator is operated;

(3) Inlet and exhaust gas temperatures are monitored

continuously if a catalytic incinerator is operated;

(4) Control device efficiency is monitored continuously if

a carbon absorber or control device other than a thermal or

catalytic incinerator is operated;

(5) Operational records sufficient to demonstrate compliance with the requirements of this regulation are maintained as required by Regulation .05 of this chapter; and

(6) The control equipment is included in a permit to

construct and operate.

E. A person using adhesives, sealants, adhesive primers,

sealant primers, surface preparation solvents, or cleanup

solvents subject to this chapter shall store or dispose of all

absorbent materials, such as cloth or paper, that are moistened with adhesives, sealants, primers, or solvents subject to

this chapter in nonabsorbent containers that are closed except when placing materials in or removing materials from

the container.

F. A person may not solicit, require the use, or specify the

application of an adhesive, sealant, adhesive primer, sealant

primer, surface preparation solvent, or cleanup solvent if the

use or application results in a violation of this chapter. This

requirement applies to all written or oral contracts under

which an adhesive, sealant, adhesive primer, sealant primer,

surface preparation solvent, or cleanup solvent subject to

this chapter is to be used at a location in the State.

G. Table 1. VOC Content Limits for Adhesives, Sealants,

Adhesive Primers,

PROPOSED ACTION ON REGULATIONS 2305

MARYLAND REGISTER, VOL. 34, ISSUE 26 FRIDAY, DECEMBER 21, 2007
Sealant Primers, and Adhesives Applied to

Particular Substrates

Adhesive, sealant, adhesive

primer, or sealant primer

VOC content limit

Category

VOC (grams

per liter*)

VOC (pounds

per gallon*)

Adhesives

ABS welding 400 3.33

Ceramic tile installation 130 1.08

Computer diskette jacket

manufacturing

850 7.08

Contact bond 250 2.08

Cove base installation 150 1.25

CPVC welding 490 4.08

Indoor floor covering

installation

150 1.25

Metal to urethane/rubber

molding or casting

850 7.08

Multipurpose construction 200 1.67

Nonmembrane roof

installation/repair

300 2.50

Other plastic cement

welding

510 4.25

Outdoor floor covering

installation

250 2.08

Perimeter bonded sheet vinyl

flooring installation

660 5.50

PVC welding 510 4.25

Sheet-applied rubber

installation

850 7.08

Single-ply roof membrane

installation or repair

250 2.08

Structural glazing 100 0.83

Thin metal laminating 780 6.50

Tire retread 100 0.83

Waterproof resorcinol glue 170 1.42

Sealants

Architectural 250 2.08

Marine deck 760 6.33

Nonmembrane roof

installation/repair

300 2.50

Roadway 250 2.08

Single-ply roof membrane 450 3.75

Other 420 3.50

Adhesive Primers

Automotive glass 700 5.83

Plastic cement welding 650 5.42

Single-ply roof membrane 250 2.08

Traffic marking tape 150 1.25

Other 250 2.08

Sealant Primers

Marine deck 760 6.33

Non-porous architectural 250 2.08

Porous architectural 775 6.46

Other 750 6.25

Adhesives Applied to the

Listed Substrate

Flexible vinyl 250 2.08

Fiberglass 200 1.67

Metal 30 0.25

Porous material 120 1.00

Rubber 250 2.08

Other substrates 250 2.08

* The VOC content is determined as the weight of volatile

compounds, less water and exempt compounds, as specified

in Regulation .06 of this chapter.

.05 Administrative Requirements.

A. A person who uses compliant products for compensation or facilities maintenance, or is subject to record-keeping

requirements under Regulation .01B(1) or E(1) of this chapter, shall maintain records of purchase information that includes product name, product volume, and VOC content of

each adhesive, sealant, adhesive primer, sealant primer,

cleanup solvent, and surface preparation solvent.

B. Each person subject to Regulation .01D(1) of this chapter shall maintain records demonstrating compliance with

this chapter, including the following information:

(1) A list of each adhesive, sealant, adhesive primer,

sealant primer, cleanup solvent, and surface preparation solvent in use and in storage;

(2) A data sheet or material list which provides the material name, manufacturer identification, and material application;

(3) Catalysts, reducers, or other components used and

the mix ratio;

(4) The VOC content of each product as supplied;

(5) The final VOC content or vapor pressure, as applied;

and

(6) The monthly volume of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent, or surface

preparation solvent used.

C. A person who complies with Regulation .04B of this

chapter through the use of add-on air pollution control

equipment shall record the key operating parameters for the

control equipment, including the following information:

(1) The volume used per day of each adhesive, sealant,

adhesive primer, sealant primer, or solvent that is subject to

a VOC content limit in Table 1 and that exceeds the limit;

(2) On a daily basis, the combustion temperature, inlet

and exhaust gas temperatures, and control device efficiency,

as appropriate, pursuant to Regulation .04E of this chapter;

(3) Daily hours of operation; and

(4) All maintenance performed, including the date and

type of maintenance.

D. All records made to determine compliance with this

chapter shall be maintained for 5 years from the date the

record is created and shall be made available to the Department within 90 days of a request.

.06 Compliance Procedures and Test Methods.

A. Except as provided in §§C, D, and E of this regulation,

the VOC and solids content of all nonaerosol adhesives, adhesive primers, and cleanup solvents shall be determined using U.S. EPA Reference Method 24, as identified in 40 CFR

60, Appendix A, or SCAQMD Method 304.

B. The organic content of exempt organic compounds

shall be determined using ASTM D4457-85, as applicable.

C. The VOC content of a plastic welding cement adhesive

or primer shall be determined using SCAQMD Method

316A.

D. To determine if a diluent is a reactive diluent, the percent of the reactive organic compound that becomes an integral part of the finished materials shall be determined using

SCAQMD Method 316A.

E. The composite vapor pressure of organic compounds in

cleaning materials shall be determined by quantifying the

amount of each compound in the blend using gas chromato2306 PROPOSED ACTION ON REGULATIONS

MARYLAND REGISTER, VOL. 34, ISSUE 26 FRIDAY, DECEMBER 21, 2007
graphic analysis (ASTM E 260-91) for organics and ASTM

D3792-79 for water content, as applicable, and the following

equation:

n

 (Wi)(VPi/Mwi

i-1

Ppc =

n n

Ww/Mww +  We/Mwe +  Wi

/Mwi

i-1 i-1

Where:

Ppc = VOC composite partial pressure at 20° C, in millimeters of mercury;

Wi = Weight of the ‘‘i’’th VOC compound, in grams, as determined by ASTM E 260-91;

Ww = Weight of water, in grams as determined by ASTM D

3792-86;

We = Weight of the ‘‘i’’th exempt compound, in grams, as

determined by ASTM E 260-91;

Mwi = Molecular weight of the ‘‘i’’th VOC compound, in

grams per mole, as given in chemical reference literature;

Mww = Molecular weight of water, 18 grams per mole;

Mwe = Molecular weight of the ‘‘i’’th exempt compound, in

grams per mole, as given in chemical reference literature;

Vpi = Vapor pressure of the ‘‘i’’th VOC compound at 20° C,

in millimeters of mercury, as determined by §F of this regulation.

F. The vapor pressure of each single component compound

may be determined from ASTM D2879-86 or may be obtained from a source approved by SCAQMD, other California air districts, or the Department.

G. If air pollution control equipment is used to meet the

requirements of this chapter, the owner or operator shall

make the following determinations:

(1) The measurement of capture efficiency shall be conducted and reported in accordance with the EPA Technical

Document ‘‘Guidelines for Determining Capture Efficiency,’’

issued January 9, 1995; and

(2) The control efficiency shall be determined in accordance with U.S. EPA Methods 25, 25A, or 25B or CARB

Method 100.

H. The active and passive solvent losses from spray gun

cleaning systems shall be determined using SCAQMD’s

‘‘General Test Method for Determining Solvent Losses from

Spray Gun Cleaning Systems,’’ dated October 3, 1989. The

test solvent for this determination shall be a lacquer thinner

with a minimum vapor pressure of 105 millimeters of mercury at 20° C, and the minimum test temperature shall be

15° C.

I. For adhesives that do not contain reactive diluents,

grams of VOC per liter of adhesive, less water and exempt

compounds, shall be calculated according to the following

equation:

Grams of VOC per liter of adhesive = (Ws - Ww - We) /

(Vm - Vw - Ve)

Where:

Ws = weight of volatile compounds, in grams;

Ww = weight of water, in grams;

We = weight of exempt compounds, in grams;

Vm = volume of material, in liters;

Vw = volume of water, in liters;

Ve = volume of exempt compounds, in liters.

J. For adhesives that contain reactive diluents, the VOC

content of the adhesive is determined after curing. The

grams of VOC per liter of adhesive, less water and exempt

compounds, shall be calculated according to the following

equation:

Grams of VOC per liter of adhesive = (Wrs - Wrw - Wre) /

(Vrm - Vrw - Vre)

Where:

Wrs = weight of volatile compounds not consumed during

curing, in grams;

Wrw = weight of water not consumed during curing, in

grams;

Wre = weight of exempt compounds not consumed during

curing, in grams;

Vrm = volume of material not consumed during curing, in

liters;

Vrw = volume of water not consumed during curing, in liters;

Vre = volume of exempt compounds not consumed during

curing, in liters.

K. Grams of VOC per liter of material shall be calculated

according to the following equation:

Grams of VOC per liter of materials = (Ws - Ww - We) /

Vm

Where:

Ws = weight of volatile compounds, in grams;

Ww = weight of water, in grams;

We = weight of exempt compounds, in grams;

Vm = volume of material, in liters.

L. Percent of VOC by weight shall be calculated according

to the following equation:

Percent of VOC by weight = [(Wv / W)] × 100

Where:

Wv = weight of VOCs in grams;

W = weight of material in grams.

.07 Container Labeling.

Each manufacturer of an adhesive, sealant, adhesive

primer, or sealant primer subject to this chapter shall display the following information on the product container or

label:

A. A statement of the manufacturer’s recommendation regarding thinning, reducing, or mixing of the product, except

that:

(1) This requirement does not apply to the thinning of a

product with water; and

(2) If thinning of the product before use is not necessary,

the recommendation must specify that the product is to be

applied without thinning;

B. The maximum or the actual VOC content of the product in accordance with Regulation .06 of this chapter as supplied, displayed in grams of VOC per liter of product; and

C. The maximum or the actual VOC content of the product in accordance with Regulation .06 of this chapter, which

includes the manufacturer’s maximum recommendation for

thinning, as applied, displayed in grams of VOC per liter of

product.

SHARI T. WILSON

Secretary of the Environment

PROPOSED ACTION ON REGULATIONS 2307

MARYLAND REGISTER, VOL. 34, ISSUE 26 FRIDAY, DECEMBER 21, 2007