Md. Code Regs. 26.11.19.23

Current through Register Vol. 51, No. 21, October 18, 2024

Section 26.11.19.23 - Control of VOC Emissions from Vehicle Refinishing

A. Definitions.

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

(2) Terms Defined.

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

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

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

(b) Associated Parts and Components.

(i) "Associated parts and components" means a structure, device, piece, module, section, assembly, subassembly, or element of a motor vehicle or mobile equipment that is designed to be a part of the motor vehicle or mobile equipment but which is not attached to the motor vehicle or mobile equipment at the time of coating the structure, device, piece, module, section, assembly, subassembly, or element.

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

(c) Automotive Coating.

(i) "Automotive coating" means a coating or coating component used or recommended for use in motor vehicle or mobile equipment refinishing, service, maintenance, repair, restoration, or modification.

(ii) "Automotive coating" includes any reference to automotive refinishing or automotive coating recommended for use in motor vehicle or mobile equipment refinishing on the container or in product literature.

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

(d) Automotive Coating Component.

(i) "Automotive coating component" means a portion of a coating, including a reducer or thinner, toner, hardener, or additive that is recommended by a person to distributors or end-users for use in an automotive coating, or which is supplied for use in an automotive coating.

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

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

(i) Contains a minimum of 0.5 percent acid by weight and not more than 16 percent solids by weight necessary to provide surface etching; and

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

(f) "Automotive primer" means a coating labeled and formulated for application to a substrate to provide one or more of the following:

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

(ii) Corrosion resistance;

(iii) A smooth substrate surface; and

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

(g) Automotive Refinishing Facility.

(i) "Automotive refinishing facility" means a shop, business, location, or parcel of land where motor vehicles or mobile equipment or their associated parts and components are coated, including auto body collision repair shops.

(ii) "Automotive refinishing facility" does not include the original equipment manufacturing plant where the new motor vehicle or new mobile equipment is completely assembled.

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

(i) Cleaning Solvent.

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

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

(j) Color Coating.

(i) "Color coating" means a pigmented coating, excluding promoters, primers, and multicolor coatings that requires a subsequent clear coating and which is applied over a primer, adhesion promoter, or color coating.

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

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

(l) "Exempt compound" means a compound identified as exempt under the definition of volatile organic compound (VOC) under COMAR 26.11.01.01 a B(53).

(m) "Graphic arts operation" means the application of logos, letters, numbers, or graphics to a painted surface by brush, roller, or airbrush.

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

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

(ii) Is packaged in a single container;

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

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

(o) "Mobile equipment" means any equipment which may be drawn or is capable of being drawn or driven on a roadway or rails including but not limited to:

(i) Automobiles;

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

(iii) Buses;

(iv) Motorcycles;

(v) Utility bodies;

(vi) Camper shells;

(vii) Mobile cranes;

(viii) Bulldozers;

(ix) Street cleaners;

(x) Golf carts;

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

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

(xiii) Trains and railcars.

(p) Single-Stage Coating.

(i) "Single-stage coating" means a pigmented coating, excluding primers and multicolor coatings, labeled and formulated for application without a subsequent clear coat.

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

(q) "Spot repair" means repair of an area of less than one panel in size on a motor vehicle, piece of mobile equipment, or associated parts or components.

(r) "Temporary protective coating" means a coating labeled and formulated for the purpose of temporarily protecting areas from overspray or mechanical damage.

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

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

(i) Application to wheel wells;

(ii) The inside of door panels or fenders;

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

(iv) The underside of a motor vehicle.

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

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

(1) VOC Content of Coatings and Solvents. The VOC content of automotive components, automotive coatings, and solvents shall be determined by either U.S. EPA Reference Method 24 as it exists in Appendix A of 40 CFR Part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings or South Coast Air Quality Management District (SCAQMD) Method 304-91 "Determination of Volatile Organic Compounds (VOC) in Various Materials".

(2) Exempt Organic Compounds " Methyl Acetate, Acetone, t-Butyl Acetate, and p-Chlorobenzotrifluoride (PCBTF). The concentration of the exempt organic compounds methyl acetate, acetone, t-butyl acetate, and PCBTF shall be determined by ASTM Designation: D 6133-02, "Standard Test Method for Acetone, p-Chlorobenzotrifluoride, Methyl Acetate or t-Butyl Acetate Content of Solventborne and Waterborne Paints, Coatings, Resins, and Raw materials by Direct Injection Into a Gas Chromatograph".

(3) Exempt Organic Compounds " Dichloromethane and 1,1,1,-Trichloroethane. The concentration of the exempt organic compounds dichloromethane and 1,1,1-trichloroethane shall be determined by California Air Resources Board (CARB) Method 432, "Determination of Dichloromethane and 1,1,1,-Trichloroethane in Paints and Coatings", adopted September 12, 1989.

(4) Exempt Organic Compounds. The concentration of exempt compounds shall be determined by either CARB Method 422, "Determination of Volatile Organic Compounds in Emissions from Stationary Sources" (adopted January 22, 1987) or SCAQMD Method 303-91, "Determination of Exempt Compounds (Approved February 1993).

(5) Acid Content of Coatings. The acid content of pretreatment coatings shall be determined by ASTM Designation: D 1613-03, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products" (October 2003).

(6) Metallic Content of Coatings. The metallic content of a coating shall be determined by South Coast Air Quality Management District (SCAQMD) Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction", (Approved July 1996).

(7) Spray Equipment Transfer Efficiency. The spray equipment transfer efficiency shall be determined by SCAQMD Test Procedure, "Spray Equipment Transfer Efficiency Test Procedure for Equipment User", (Approved May 24, 1989).

(8) Spray Equipment HVLP Equivalency. The spray equipment HVLP equivalency shall be determined by SCAQMD Guidelines, "Guidelines for Demonstrating Equivalency with District Approved Transfer Efficient Spray Guns", (September 26, 2002).

(9) Spray Gun Cleaning System. The active and passive solvent losses from the use of an enclosed spray gun cleaning system or equivalent cleaning system shall be determined by SCAQMD Method, "General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems", (October 3, 1989).

(10) Emission Control System " Capture Efficiency. The measurement of capture efficiency shall be conducted and reported in accordance with one or both of the following:

(a) U.S. EPA Technical Document, "Guidelines for Determining Capture Efficiency" (issued January 9, 1995); or

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

(11) Emission Control System " Control Efficiency. The control efficiency shall be determined in accordance with one or more of the following:

(a) U.S EPA Reference Method 25, "Determination of Total Gaseous Nonmethane Organic Emissions as Carbon" as it exists in Subpart D, Appendix A of 40 CFR 60 ;

(b) U.S EPA Reference Method 25A, "Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer" as it exists in Subpart D, Appendix A of 40 CFR 60 ; and

(c) U.S EPA Reference Method 25B, "Determination of Total Gaseous Organic Concentration Using a Nondispersive Infrared Analyzer" as it exists in Subpart D, Appendix A of 40 CFR 60.

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

(1) U.S. EPA Reference Method 24: Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings ( 40 CFR Part 60 Appendix A).

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

(3) ASTM Designation D 6133-02: "Standard Test Method for Acetone, p-Chlorobenzotrifluoride, Methyl Acetate or t-Butyl Acetate Content of Solvent borne and Waterborne Paints, Coatings, Resins, and Raw materials by Direct Injection Into a Gas Chromatograph".

(4) CARB Method 432: "Determination of Dichloromethane and 1,1,1,-Trichloroethane in Paints and Coatings"(adopted September 12, 1989).

(5) CARB Method 422: "Determination of Volatile Organic Compounds in Emissions from Stationary Sources" (adopted January 22, 1987).

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

(7) ASTM Designation D 1613-03: "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products".

(8) SCAQMD Method 318-95: "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction" (approved July 1996).

(9) SCAQMD Test Procedure: Spray Equipment Transfer Efficiency Test Procedure for Equipment User, approved May 24, 1989.

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

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

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

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

(14) U.S EPA Reference Method 25: "Determination of Total Gaseous Nonmethane Organic Emissions as Carbon, ( 40 CFR 60 Subpart D, Appendix A).

(15) U.S EPA Reference Method 25A: "Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer" ( 40 CFR 60 Subpart D, Appendix A).

(16) U.S EPA Reference Method 25B, "Determination of Total Gaseous Organic Concentration Using a Nondispersive Infrared Analyzer" ( 40 CFR 60 Subpart D, Appendix A).

D. Applicability and Exemptions.

(1) Except as provided in §D(2) of this regulation, the provisions of this regulation apply to a person who, on or after July 1, 2013:

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

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

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

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

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

(i) Use outside of the State; or

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

(b) An aerosol coating product;

(c) An automotive coating that is sold, supplied, or offered for sale in 0.5 fluid ounce or smaller containers intended to be used by the general public to repair minor surface imperfections;

(d) A coating applied to motor vehicles or mobile equipment or their associated parts and components during original equipment manufacture on an assembly line;

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

(f) An automotive coating applied to motor vehicles or mobile equipment or their associated parts and components by a person who does not receive compensation for the application of the coating.

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

(a) Graphics arts operations;

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

(c) The application of:

(i) Underbody coatings; and

(ii) Truck bed liner coatings.

E. General Requirements and Standards.

(1) VOC Content Limits.

(a) Except as provided in this regulation, effective July 1, 2013, a person who is subject to this regulation may not supply, sell, offer for sale, distribute, or manufacture for use within the State an automotive coating or cleaning solvent with a VOC content in excess of the corresponding limit specified in Table 1 of §E(1) or in §E(5) of this regulation.

(b) A person may not use or apply to a motor vehicle, mobile equipment, or associated parts and components, an automotive coating or cleaning solvent for vehicle refinishing that exceeds the VOC content specified in Table 1 of §E(1) or in §E(5) of this regulation.

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

VOC Content Limit of Coatings as Applied*
Coating Category	Pounds per gallon	Grams per liter
Adhesion promoter	4.5	540
Automotive pretreatment coating	5.5	660
Automotive primer	2.1	250
Clear coating	2.1	250
Color coating, including metallic/iridescent color coating	3.5	420
Multicolor coating	5.7	680
Other automotive coating type	2.1	250
Single-stage coating, including single-stage metallic/iridescent coating	2.8	340
Temporary protective coating	0.5	60
Truck bed liner coating	1.7	200
Underbody coating	3.6	430

* The VOC content is determined as the weight of volatile compounds (prepared to manufacturer's maximum VOC content), less water and exempt compounds, as specified in §E(2) of this regulation.

(2) Calculation of VOC Content. For the purpose of determining compliance with the VOC content limits in §E(1) of this regulation, the VOC content of an automotive coating shall be determined by using the following procedures, as applicable:

(a) For the VOC regulatory content for coatings, determine the VOC content in units of grams of VOC per liter of coating less water and exempt compounds using the following equation:

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

(b) For the VOC actual content for coatings, determine the VOC content in units of grams of VOC per liter of coating including the volume of any water, exempt compounds and VOC solvent using the following equation:

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

(c) For the VOC content for cleaning solvents, other than for bug and tar removal, determine the VOC content in units of grams of VOC per liter of solvent using the following equation:

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

Where:

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

Wv = weight of total volatiles, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams;

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

Vw = volume of water, in liters; and

Vec = volume of exempt compounds, in liters;

(3) Most Restrictive VOC Limit. If anywhere on the container of an automotive coating, label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on behalf of a manufacturer, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in §E(1) of this regulation, then the most restrictive VOC content limit applies.

(4) Alternative Compliance.

(a) A person subject to this regulation may achieve compliance with the requirements of this regulation through use of an emission control device that has been approved in writing by the Department which achieves an overall emission control efficiency of 85 percent or greater, as determined in accordance with §B(10) and (11) of this regulation.

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

(c) A source is in violation if the measured VOC emissions, as measured by any of the test methods specified in §B(11)(a)-(c) of this regulation, exceed the standards specified in §E(4)(a)-(b) of this regulation.

(d) A person subject to this regulation shall not manufacture, blend, repackage for sale, supply, sell, offer for sale, or distribute for use within the State an automotive coating with a VOC content in excess of the limits specified in Table 1 of §E(1) of this regulation unless the automotive coating is used exclusively within an emission control system approved under §E(4)(a)-(b) of this regulation.

(5) VOC Content Limits for Cleaning Solvents.

(a) A person may not use or apply to a motor vehicle, mobile equipment, or associated parts and components, a cleaning solvent other than for bug and tar removal with a VOC content greater than 25 grams per liter.

(b) For cleaning solvents used for bug and tar removal, a person may not use or apply to a motor vehicle, mobile equipment, or associated part a bug and tar remover greater than 40 percent VOC by weight as set forth in COMAR 26.11.32.04 a B.

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

(j) An alternative spray equipment coating application method.

(2) A person who uses an alternative spray equipment coating application method must demonstrate to the satisfaction of the Department that the transfer efficiency is equivalent to or higher than HVLP or electrostatic spray application methods using the spray equipment transfer efficiency methods under §B(7) and (8) of this regulation based on the following:

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

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

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

(4) An alternative spray coating application method, or an alternative coating application method other than spray application methods, that has been approved by CARB or a California air district for use in applying non-assembly line automotive coatings may also be approved to comply with this regulation, as applicable.

H. Work Practice Standards.

(1) Spray guns used to apply automotive coating components or automotive coatings shall be cleaned by one or a combination of the following:

(a) A fully enclosed spray gun cleaning system that is kept closed when not in use and is maintained in accordance with the requirements of §L(1)(a)-(c) of this regulation;

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

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

(d) Atomized spray into a paint waste container that is filled with a device designed to capture atomized mist or spray solvent emissions.

(2) The owner or operator of an automotive refinishing facility or non-assembly line operation subject to this regulation shall implement the following work practice standards and training measures:

(a) Fresh and used automotive coating components, automotive coatings, solvents, and cleaning solvents shall be stored in vaportight, nonabsorbent, nonleaking containers that shall be kept closed at all times except when filling or emptying;

(b) Cloth or paper, or absorbent applicators, moistened with automotive coatings components, automotive coatings, solvents, or cleaning solvents shall be stored in closed, vaportight, nonabsorbent, nonleaking containers;

(c) Handling and transfer procedures to minimize spills during the transfer of automotive coating components, automotive coatings, solvents, and cleaning solvents; and

(d) Ensure that a person who uses or applies automotive coating components, automotive coatings, solvents, or cleaning solvents has completed training in the proper use and handling of the automotive coating components, automotive coatings, solvents, and waste products in order to minimize the emission of air contaminants and to comply with the provisions of this regulation.

I. Compliance Procedures and Monitoring Requirements.

(1) Compliance Statement Requirements.

(a) For each automotive coating product or automotive coating component product, a manufacturer and repackager who is subject to the provisions of this regulation shall include the following information on product data sheets or an equivalent documentation:

(i) The VOC actual content and VOC regulatory content, as supplied, for the coating product or coating component product, expressed in grams per liter, calculated in accordance with §E(2)(a)(i) and (ii) of this regulation;

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

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

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

(b) For each ready to spray mixture (based on the manufacturer's and repackager's stated mix ratio) product, the manufacturer and repackager shall include the following information on product data sheets or an equivalent documentation:

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

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

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

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

(c) The manufacturer and repackager of cleaning solvents subject to this regulation shall include the VOC content of the cleaning solvents as supplied, calculated in accordance with the requirements of §E(2)(a)(iii) of this regulation, expressed in grams per liter, on product data sheets or an equivalent documentation.

(2) Container Labeling Requirements. The manufacturer and repackager of automotive coatings or automotive coating components shall include the following information on all containers or on a label affixed to the container:

(a) The applicable use category or categories;

(b) The VOC actual content of the coating or coating component, as supplied, calculated in accordance with the requirements of §E(2)(a)(ii of this regulation) and expressed in grams per liter;

(c) The VOC regulatory content of the coating or coating component as supplied, calculated in accordance with the requirements of §E(2)(a)(i) of this regulation and expressed in grams per liter; and

(d) The manufacturer and repackager of cleaning solvents subject to this rule shall include on all containers, or on a label affixed to the container, the VOC content for cleaning solvents, as supplied, calculated in accordance with the requirements of §E(2)(a)(iii of this regulation) and expressed in grams per liter.

J. Record Keeping.

(1) Record-Keeping Requirements for Coatings, Coating Components and Solvents. A person who uses automotive coatings, automotive coating components, ready-to-spray coatings (based on the manufacturer's stated mix ratio), or cleaning solvents subject to this regulation shall maintain and have available at all times, the following:

(a) A current list of all coatings, coating components and cleaning solvents used that are subject to this regulation which includes the following information for each coating, coating component and cleaning solvent:

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

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

(iii) Application method;

(iv) Coating type;

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

(vi) The VOC actual content and VOC regulatory content as applied, for each ready to spray or ready to apply coating or cleaning solvent and copies of data sheets documenting how the as applied values were determined;

(b) The VOC actual content and VOC regulatory content as supplied and copies of current manufacturer specification sheets, product data sheets, material safety data sheets, technical data sheets, or air quality data sheets documenting the as supplied value; and

(c) Purchase records identifying the following;

(i) The coating type;

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

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

(2) Record-Keeping Requirements for Emission Control Systems. A person using an emission control system shall maintain daily records of the following key system operating parameters which demonstrate continuous operation and compliance of the emission control system during periods of VOC emission producing activities:

(a) Temperatures;

(b) Pressure drops; and

(c) Air flow rates.

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

K. Administrative Requirements.

(1) Product Dating.

(a) A manufacturer of an automotive coating subject to this regulation shall clearly display on each automotive coating container, on a label affixed to the container or on the package, the month and year on which the automotive coating was manufactured or code indicating that date.

(b) A manufacturer who uses the following code to indicate the date of manufacture will not be subject to the requirements of §K(2)(b) of this regulation if the code is represented separately from other codes on the automotive coating container, label or package so that it is easily recognizable:

YY DDD

Where:

"YY" = two digits representing the year in which the product was manufactured; and

"DDD" = three digits representing the day of the year on which the product was manufactured, with "001" representing the first day of the year, "002" representing the second day of the year, and so forth (that is, the "Julian date").

(c) The product date or date-code specified in this regulation shall be displayed on each automotive coating container, label or package no later than 30 days before the automotive coating is supplied, sold, offered for sale or distributed in the State.

(d) The date or date-code information shall be located on the automotive coating container, label or package so that it is readily observable without irreversibly disassembling a part of the container or packaging.

(e) For the purposes of this section, information may be displayed on the bottom of a container if it is clearly legible without removing any product packaging.

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

(2) Additional Product Dating Requirements.

(a) If a manufacturer uses a code indicating the month and year of manufacture for an automotive coating subject to this regulation, an explanation of the code must be filed with the Department no later than 30 days before the automotive coating is supplied, sold, offered for sale or distributed in the State.

(b) If a manufacturer changes a code indicating the month and year of manufacture for an automotive coating subject to §K(2)(a) of this regulation, an explanation of the modified code must be submitted to the Department before products displaying the modified code are supplied, sold, offered for sale or distributed in the State.

(c) A person may not erase, alter, deface or otherwise remove or make illegible a date or code indicating the month and year of manufacture from a regulated product container without the express authorization of the manufacturer.

(d) Date code explanations for codes indicating the month and year of manufacture are public information and may not be claimed as confidential.

(3) Sell-Through of Products. An automotive coating, coating component or cleaning solvent subject to this regulation manufactured before July 1, 2013 may be supplied, sold, offered for sale, or distributed in the State if the product meets the following:

(a) The automotive coating, coating component or cleaning solvent complied with the standards in effect at the time the product was manufactured; and

(b) The automotive coating, coating component or cleaning solvent meets the product dating requirements of §K(1) of this regulation.

L. Testing Requirements.

(1) Testing Requirements for Spray Gun Cleaning Systems.

(a) Active and passive losses from the use of an enclosed spray gun cleaning system or equivalent cleaning system shall be determined in accordance with the test methods listed in §B(9) of this regulation.

(b) The test solvent for this determination shall be a lacquer thinner with a minimum vapor pressure of 105 mm of mercury at 20°C.

(c) The minimum test temperature shall be 15°C.

(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.

Md. Code Regs. 26.11.19.23

Regulation .23 adopted effective May 22, 1995 (22:10 Md. R. 709)
Regulations .23 and new Regulation .23 adopted effective April 16, 2012 (39:7 Md. R. 496)