Code of Maryland Regulations › Title 26 - DEPARTMENT OF ENVIRONMENT › Part 2 - SUBTITLES 08-12 › Subtitle 11 - AIR QUALITY › Chapter 26.11.39 - Architectural and Industrial Maintenance (AIM) Coatings › Section 26.11.39.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Adhesive " means a chemical substance
				  that is applied for the purpose of bonding two surfaces together other than by
				  mechanical means.
(2) "Aerosol
				  coating product" means a pressurized coating product containing pigments or
				  resins that:
(a) Dispenses product ingredients
				  by means of a propellant; and
(b)
				  Is packaged in a disposable can for handheld application, or for use in
				  specialized equipment for ground traffic/marking applications.
(3) "Aluminum roof coating" means
				  a coating labeled and formulated exclusively for application to roofs and
				  containing at least 84 grams of elemental aluminum pigment per liter of coating
				  (at least 0.7 pounds per gallon).
(4) Appurtenance.
(a) "Appurtenance" means an accessory to a
				  stationary structure that is coated at the site of installation, whether
				  installed or detached.
(b)
				  "Appurtenance " includes:
(i) Bathroom and
				  kitchen fixtures;
(ii) Cabinets;
(iii) Concrete forms;
(iv) Doors;
(v) Elevators;
(vi) Fences;
(vii) Hand railings;
(viii) Heating equipment, air conditioning
				  equipment, and other fixed mechanical equipment or stationary tools;
(ix) Lampposts;
(x) Partitions;
(xi) Pipes and piping systems;
(xii) Rain gutters and downspouts;
(xiii) Stairways;
(xiv) Fixed ladders;
(xv) Catwalks and fire escapes; and
(xvi) Window
				  screens.
(5)
				  Architectural Coating.
(a) "Architectural
				  coating" means a coating to be applied to:
(i)
				  Stationary structures or their appurtenances at the site of
				  installation;
(ii) Portable
				  buildings at the site of installation;
(iii) Pavements; or
(iv) Curbs.
(b) "Architectural coating" does not include:
(i) Coatings applied in shop applications or
				  to non-stationary structures such as airplanes, ships, boats, railcars, or
				  automobiles; or
(ii)
				  Adhesives.
(6) "Basement specialty coating" means a
				  clear or opaque coating that:
(a) Is labeled
				  and formulated for application to concrete and masonry surfaces to provide a
				  hydrostatic seal for basements and other below-grade surfaces;
(b) Is capable of withstanding at least 10
				  psi of hydrostatic pressure;
(c) Is
				  resistant to mold and mildew growth; and
(d) Achieves a microbial growth rating of 8
				  or more.
(7) "Bituminous
				  roof coating" means a coating that:
(a)
				  Incorporates bitumens;
(b) Is
				  labeled and formulated exclusively for roofing; and
(c) Is intended for the primary purpose of
				  preventing water penetration.
(8) "Bituminous roof primer" means a primer
				  that:
(a) Incorporates bitumens;
(b) Is labeled and formulated exclusively for
				  roofing; and
(c) Is intended for
				  one of the following purposes:
(i) Preparing
				  a weathered or aged surface; or
(ii) Improving the adhesion of subsequent
				  surfacing components.
(9) "Bond breaker" means a coating labeled
				  and formulated for application between layers of concrete to prevent a freshly
				  poured top layer of concrete from bonding to the layer over which it is
				  poured.
(10) "Calcimine recoater"
				  means a flat solvent borne coating formulated and recommended specifically for
				  recoating calcimine-painted ceilings and other calcimine-painted
				  substrates.
(11) Coating.
(a) "Coating" means a material applied onto
				  or impregnated into a substrate for protective, decorative, or functional
				  purposes.
(b) "Coating" includes
				  paints, varnishes, sealers, and stains.
(12) "Colorant" means a concentrated pigment
				  dispersion in water, solvent, or binder that is added to an architectural
				  coating to produce a desired color.
(13) "Concrete curing compound" means a
				  coating labeled and formulated for application to freshly poured concrete to
				  perform one or more of the following functions:
(a) Retard the evaporation of water;
				  or
(b) Harden or dustproof the
				  surface of freshly poured concrete.
(14) "Concrete/masonry sealer" means a clear
				  or opaque coating that is labeled and formulated primarily for application to
				  concrete and masonry surfaces to perform one or more of the following
				  functions:
(a) Prevent penetration of
				  water;
(b) Provide resistance
				  against abrasion, alkalis, acids, mildew, staining, or ultraviolet light;
				  or
(c) Harden or dustproof the
				  surface of aged or cured concrete.
(15) "Concrete surface retarder" means a
				  mixture of retarding ingredients such as extender pigments, primary pigments,
				  resin, and solvent that interact chemically with the cement to prevent
				  hardening on the surface where the retarder is applied, allowing the retarded
				  mix of cement and sand at the surface to be washed away to create an exposed
				  aggregate finish.
(16) Conjugated
				  oil varnish.
(a) "Conjugated oil varnish"
				  means a clear or semi-transparent wood coating that:
(i) Is labeled as such;
(ii) Is based on a natural occurring
				  conjugated vegetable oil (tung oil) and modified with other natural or
				  synthetic resins, with a minimum of 50 percent of the resins solids consisting
				  of conjugated oil;
(iii) Is
				  supplied as a single component that penetrates and seals the wood;
(iv) Results in film formation due to
				  polymerization of the oil; and
(v)
				  Contains small amounts of pigment to control the final gloss or
				  sheen.
(b) "Conjugated
				  oil varnish " does not include lacquers or shellacs.
(17) "Conversion varnish " means a clear acid
				  curing coating with an alkyd, or other resin blended with amino resins that:
(a) Is supplied as a single component or
				  two-component product designed for professional application to wood flooring to
				  produce a hard, durable, clear finish; and
(b) Results in a film formation from an
				  acid-catalyzed condensation reaction, affecting a transetherification of the
				  reactive ethers of the amino resins.
(18) "Driveway sealer" means a coating
				  labeled and formulated for application to worn asphalt driveway surfaces to
				  perform one or more of the following functions:
(a) Fill cracks;
(b) Seal the surface to provide protection;
				  or
(c) Restore or preserve the
				  appearance.
(19) "Dry
				  fog coating" means a coating labeled and formulated only for spray application
				  such that overspray droplets dry before subsequent contact with incidental
				  surfaces in the vicinity of the surface coating activity.
(20) "Exempt compound" means a compound
				  identified as exempt under the definition of volatile organic compound (VOC)
				  under COMAR
				  26.11.01.01B(53).
(21) "Faux finishing coating" means a coating
				  labeled and formulated to meet one or more of the following criteria:
(a) A glaze or textured coating used to
				  create artistic effects, including:
(i)
				  Dirt;
(ii) Suede;
(iii) Old age;
(iv) Smoke damage;
(v) Simulated marble; and
(vi) Wood grain;
(b) A decorative coating used to create a
				  metallic, iridescent, or pearlescent appearance that contains at least 48 grams
				  of pearlescent mica pigment or other iridescent pigment per liter of coating as
				  applied (at least 0.4 pounds per gallon);
(c) A decorative coating used to create a
				  metallic appearance that contains less than 48 grams of elemental metallic
				  pigment per liter of coating as applied (less than 0.4 pounds per
				  gallon);
(d) A decorative coating
				  used to create a metallic appearance that:
(i)
				  Contains greater than 48 grams of elemental metallic pigment per liter of
				  coating as applied (greater than 0.4 pounds per gallon); or
(ii) Requires a clear topcoat to prevent the
				  degradation of the finish under normal use conditions.
(e) A clear topcoat sold and used solely as
				  part of a faux finishing coating system to seal and protect a faux finishing
				  coating that meets one or more of the requirements in §B(21)(a)-(d) of this
				  regulation.
(22)
				  Fire-Resistive Coating.
(a) "Fire-resistive
				  coating" means a coating that has been labeled and formulated to protect
				  structural integrity by increasing the fire endurance of interior or exterior
				  structural materials.
(b)
				  "Fire-resistive coating" includes sprayed fire resistive materials and
				  intumescent fire coatings that are used to bring structural materials into
				  compliance with federal, state, and local building code requirements.
(23) "Flat coating" means a
				  coating that is not defined under any other definition in this regulation and
				  that registers a gloss of less than 15 on an 85-degree meter or less than 5 on
				  a 60-degree meter.
(24) "Floor
				  coating" means an opaque coating that is labeled and formulated for application
				  to flooring such as decks, porches, steps, garage floors and other horizontal
				  surfaces that may be subjected to foot traffic.
(25) "Form-release coating" means a coating
				  labeled and formulated for application to a form to prevent freshly poured
				  concrete from bonding to the form.
(26) Graphic Arts Coating (Sign Paint).
(a) "Graphic arts coating (sign paint) "
				  means a coating labeled and formulated for hand-application, using brush,
				  airbrush, or roller techniques to one or more of the following:
(i) Indoor and outdoor signs; and
(ii) Murals.
(b) "Graphic arts coating (sign paint)"
				  includes letter enamels, poster colors, copy blockers, and bulletin
				  enamels.
(c) "Graphic arts coating
				  (sign paint) " does not include coatings applied to structural
				  components.
(27)
				  "High-temperature coating" means a high performance coating labeled and
				  formulated for application to substrates exposed continuously or intermittently
				  to temperatures above 204°C (400°F).
(28) "Impacted immersion coating" means a
				  high performance maintenance coating that is:
(a) Formulated and recommended for
				  application to steel structures subject to immersion in turbulent, debris-laden
				  water; and
(b) Specifically
				  resistant to high-energy impact damage caused by floating ice or
				  debris.
(29) Industrial
				  Maintenance Coating.
(a) "Industrial
				  maintenance coating" means a high performance architectural coating formulated
				  for application to substrates exposed to one or more of the following extreme
				  environmental conditions:
(i) Immersion in
				  water, wastewater, chemical solutions (aqueous and non-aqueous solutions), or
				  chronic exposures of interior surfaces to moisture condensation;
(ii) Acute or chronic exposure to corrosive,
				  caustic, or acidic agents, or to chemicals, chemical fumes, or chemical
				  mixtures or solutions;
(iii)
				  Frequent exposure to temperatures above 121°C (250°F)
(iv) Frequent and heavy abrasion, including
				  mechanical wear and scrubbing with industrial solvents, cleansers, or scouring
				  agents; or
(v) Exterior exposure of
				  metal structures and structural components.
(b) "Industrial maintenance coating includes
				  primers, sealers, undercoaters, intermediate coats, and topcoats.
(30) "Low-solids coating" means a
				  coating containing 0.12 kilogram or less of solids per liter (1 pound or less
				  of solids per gallon) of coating material as recommended for application by the
				  manufacturer.
(31) "Magnesite
				  cement coating" means a coating labeled and formulated for application to
				  magnesite cement decking to protect the magnesite cement substrate from erosion
				  by water.
(32) "Mastic texture
				  coating " means a coating:
(a) Labeled and
				  formulated to cover holes and minor cracks and to conceal surface
				  irregularities; and
(b) Applied in
				  a single coat of at least 10 mils (0.010 inch) dry film thickness.
(33) "Metallic pigmented coating"
				  means a coating labeled and formulated to provide a metallic appearance that
				  contains at least 48 grams of elemental metallic pigment (excluding zinc) per
				  liter of coating as applied (0.4 pounds per gallon).
(34) "Multi-color coating " means a coating
				  that is:
(a) Packaged in a single container;
				  and
(b) Labeled and formulated to
				  exhibit more than one color when applied in a single coat.
(35) "Non-flat coating " means a coating
				  that:
(a) Is not defined under any other
				  definition in this regulation; and
(b) Registers a gloss of 15 or greater on an
				  85-degree meter and 5 or greater on a 60-degree meter.
(36) "Non-flat-high gloss coating " means a
				  non-flat coating that registers a gloss of 70 or greater on a 60-degree meter.
(37) "Nuclear coating " means a
				  protective coating that:
(a) Is formulated and
				  recommended to seal porous surfaces that otherwise would be subject to
				  intrusion by radioactive materials;
(b) Is resistant to long-term (service life)
				  cumulative radiation exposure;
(c)
				  Is relatively easy to decontaminate; and
(d) Is resistant to various chemicals to
				  which the coatings are likely to be exposed.
(38) "Post-consumer coating" means finished
				  coatings generated by a business or consumer that have served their intended
				  end uses, and are recovered from or otherwise diverted from the waste stream
				  for the purpose of recycling.
(39)
				  "Pre-treatment wash primer" means a primer that:
(a) Contains a minimum of 0.5 percent acid,
				  by weight; and
(b) Is labeled and
				  formulated for application directly to bare metal surfaces to provide corrosion
				  resistance and promote adhesion of subsequent topcoats.
(40) "Primer, sealer, and undercoater" means
				  a coating labeled and formulated for one or more of the following purposes:
(a) To provide a firm bond between the
				  substrate and subsequent coatings;
(b) To prevent subsequent coatings from being
				  absorbed by the substrate;
(c) To
				  prevent harm to subsequent coatings by materials in the substrate;
(d) To provide a smooth surface for the
				  subsequent application of coatings;
(e) To provide a clear finish coat to seal
				  the substrate; or
(f) To block
				  materials from penetrating into or leaching out of a substrate.
(41) Reactive penetrating sealer.
(a) "Reactive penetrating sealer" means a
				  clear or pigmented coating that is labeled and formulated for application to
				  above-grade concrete and masonry substrates to provide protection from water
				  and waterborne contaminants, including:
(i)
				  Alkalis;
(ii) Acids; and
(iii) Salts.
(b) "Reactive penetrating sealers" meet the
				  following criteria:
(i) Penetrate into
				  concrete and masonry substrates and chemically react to form covalent bonds
				  with naturally occurring minerals in the substrate;
(ii) Line the pores of concrete and masonry
				  substrates with a hydrophobic coating, but do not form a surface film;
(iii) Improve water repellency at
				  least 80 percent after application on a concrete or masonry substrate as
				  verified on standardized test specimens; and
(iv) Do not reduce the water vapor
				  transmission rate by more than 2 percent after application on a concrete or
				  masonry substrate.
(c)
				  "Reactive penetrating sealers" labeled and formulated for vehicular traffic
				  surface chloride screening applications shall meet the performance criteria
				  listed in the National Cooperative Highway Research Report 244
				  (1981).
(42) Reactive
				  Penetrating Carbonate Stone Sealer.
(a)
				  "Reactive penetrating carbonate stone sealer" means a clear or pigmented
				  coating that is labeled and formulated for application to above-grade carbonate
				  stone substrates to provide protection from water and waterborne contaminants,
				  including:
(i) Alkalis;
(ii) Acids; and
(iii) Salts.
(b) "Reactive penetrating sealers" meet the
				  following criteria:
(i) Penetrate into
				  carbonate stone substrates and chemically reacts to form covalent bonds with
				  naturally occurring minerals in the substrate;
(ii) Line the pores of carbonate stone
				  substrates with a hydrophobic coating, but do not form a surface film;
(iii) Improve water repellency at
				  least 80 percent after application on a carbonate stone substrate;
				  and
(iv) Do not reduce the water
				  vapor transmission rate by more than 10 percent after application on a
				  carbonate stone substrate.
(43) "Recycled coating" means an
				  architectural coating formulated so that it contains a minimum of 50 percent by
				  volume post-consumer coating, with a maximum of 50 percent secondary industrial
				  materials or virgin materials.
(44)
				  "Roof coating" means a non-bituminous coating labeled and formulated for
				  application to roofs for the primary purpose of preventing water penetration,
				  reflecting ultraviolet light, or reflecting solar radiation.
(45) Rust Preventive Coating.
(a) "Rust preventive coating" means a coating
				  formulated to prevent the corrosion of metal surfaces for one or more of the
				  following applications:
(i) Direct-to-metal
				  coating; or
(ii) Coating intended
				  for application over rusty, previously coated surfaces.
(b) "Rust preventive coating " does not
				  include:
(i) Coatings that are required to be
				  applied as a topcoat over a primer; or
(ii) Coatings that are intended for use on
				  wood or any other nonmetallic surface.
(46) "Secondary industrial materials " means
				  products or byproducts of the paint manufacturing process that are of known
				  composition and have economic value but can no longer be used for their
				  intended purpose.
(47) "Shellac"
				  means a clear or opaque coating formulated solely with the resinous secretions
				  of the Lac beetle (Laciffer lacca), and formulated to dry by evaporation
				  without a chemical reaction.
(48)
				  "Shop application" means application of a coating to a product or a component
				  of a product in or on the premises of a factory or a shop as part of a
				  manufacturing, production, or repairing process (e.g. original equipment
				  manufacturing coatings).
(49)
				  "Specialty primer, sealer, and undercoater" means a coating that is formulated
				  for application to a substrate to block water-soluble stains re suiting from:
(a) Fire damage;
(b) Smoke damage; or
(c) Water damage.
(50) "Stain" means a semi-transparent, or
				  opaque coating labeled and formulated to change the color of a surface, but not
				  conceal the grain pattern or texture.
(51) "Stone consolidant" means a coating
				  that:
(a) Is labeled and formulated for
				  application to stone substrates to repair structures that have been damaged by
				  weathering or other decay mechanisms; and
(b) Penetrates into stone substrates to
				  create bonds between particles and consolidate deteriorated material.
(52) Swimming Pool Coating.
(a) "Swimming pool coating" means a coating
				  labeled and formulated to coat the interior of swimming pools and to resist
				  swimming pool chemicals.
(b)
				  "Swimming pool coating" includes coatings used for swimming pool repair and
				  maintenance.
(53)
				  "Thermoplastic rubber coating and mastic" means a coating or mastic that:
(a) Is formulated and recommended for
				  application to roofing or other structural surfaces; and
(b) Incorporates no less than 40 percent by
				  weight of thermoplastic rubbers in the total resin solids.
(54) "Tint base" means colorant which is
				  added to an architectural coating.
(55) "Traffic marking coating" means a
				  coating labeled and formulated for marking and striping streets, highways, or
				  other traffic surfaces such as curbs, berms, driveways, parking lots,
				  sidewalks, and airport runways.
(56) "Tub and tile refinish coating" means a
				  clear or opaque coating that:
(a) Is labeled
				  and formulated exclusively for refinishing the surface of a bathtub, shower,
				  sink, or countertop;
(b) Has a
				  scratch hardness of 3H or harder and a gouge hardness of 4H or harder that is
				  determined on bonderite 1000;
(c)
				  Has a weight loss of 20 milligrams or less after 1000 cycles determined with
				  CD-I 7 wheels on bonderite 1000;
(d) Withstands 1000 hours or more of exposure
				  with few or no #8 blisters that is determined on unscribed borderite;
				  and
(e) Has an adhesion rating of
				  4B or better after 24 hours of recovery that is determined on inscribed
				  bonderite.
(57) "VOC
				  actual" means the weight of VOC per volume of coating, including water and
				  exempt compounds.
(58) VOC Content.
(a) "VOC content" means the weight of VOC per
				  volume of coating and is VOC regulatory for all coatings except those in the
				  low solids category.
(b) "VOC
				  content" includes the following:
(i) The VOCs
				  emitted during curing if the coating contains silanes, siloxanes, or other
				  ingredients that generate ethanol or other VOCs during the curing process;
				  and
(ii) The maximum amount of
				  thinning solvent recommended by the manufacturer.
(59) "VOC regulatory" means the
				  weight of VOC per volume of coating, less the volume of water and exempt
				  compounds.
(60) Waterproofing
				  Membrane.
(a) "Waterproofing membrane" means
				  a clear or opaque coating that is labeled and formulated for application to
				  concrete and masonry surfaces to provide a seamless waterproofing membrane that
				  prevents any penetration of liquid water into the substrate.
(b) "Waterproofing membrane " is intended for
				  one or more of the following waterproofing applications:
(i) Below-grade surfaces;
(ii) Between concrete slabs;
(iii) Inside tunnels;
(iv) Inside concrete planners; or
(v) Under flooring
				  materials.
(c)
				  "Waterproofing membrane" is applied in a single coat of at least 25 mils (at
				  least 0.025 inch) dry film thickness.
(d) "Waterproofing membrane" does not include
				  topcoats that are included in the concrete masonry sealer category.
(61) Wood Coatings.
(a) "Wood coatings" means coatings labeled
				  and formulated for application to wood substrates only.
(b) "Wood coatings" includes the following
				  clear and semitransparent coatings:
(i)
				  Lacquers;
(ii) Varnishes;
(iii) Sanding sealers;
(iv) Penetrating oils;
(v) Clear stains;
(vi) Wood conditioners used as undercoats;
				  and
(vii) Wood sealers used as
				  topcoats.
(c) "Wood
				  coatings" also includes the following opaque wood coatings:
(i) Opaque lacquers;
(ii) Opaque sanding sealers; and
(iii) Opaque lacquer
				  undercoaters.
(d) "Wood
				  coatings" does not include the following:
(i)
				  Clear sealers that are labeled and formulated for use on concrete/masonry
				  surfaces; or
(ii) Coatings intended
				  for substrates other than wood.
(62) "Wood preservative" means a coating
				  that:
(a) Is labeled and formulated to
				  protect exposed wood from decay or insect attack; and
(b) Registered with both the U.S. EPA under
				  the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. §
													136 et seq) and with the State.
(63) Wood Substrate.
(a) "Wood substrate" means a substrate made
				  of wood, particleboard, plywood, medium density fiberboard, rattan, wicker,
				  bamboo, or composite products with exposed wood grain.
(b) "Wood substrate " does not include items
				  comprised of simulated wood.
(64) "Zinc-richprimer" means a coating that:
(a) Contains at least 65 percent metallic
				  zinc powder or zinc dust by weight of total solids; and
(b) Is formulated for application to metal
				  substrates to provide a firm bond between the substrate and subsequent
				  applications of coatings.