Md. Code Regs. 26.11.32.16

Current through Register Vol. 51, No. 22, November 1, 2024

Section 26.11.32.16 - Test Methods

A. VOC Compliance Test Method.

(1) Testing to determine compliance with the requirements of this chapter shall be performed using CARB Method 310, Determination of Volatile Organic Compounds (VOC) in Consumer Products, adopted September 25, 1997, and as amended on August 6, 2010.

(2) Alternative methods which are shown to accurately determine the concentration of VOCs in a consumer product may be used upon approval by the Department.

B. VOC Content Determinations Using Product Formulation and Records.

(1) Testing to determine compliance with the requirements of this chapter may also be demonstrated through calculation of the VOC content based upon records of the amounts of constituents used to make the product under the criteria of this section.

(2) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product maintains accurate records for each day of production of the amount and chemical composition of the individual product constituents. These records shall be maintained for at least 3 years.

(3) The VOC content shall be calculated according to the following equation:

VOC Content = (B - C) x 100 / A

where:

(a) A = total net weight of unit (excluding container and packaging);

(b) B = total weight of all VOCs, per unit; and

(c) C = total weight of VOCs exempted under Regulation .01 of this chapter, per unit.

(4) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence over the product records and may be used to establish a violation of the requirements of this chapter.

C. Determination of Liquid or Solid. Testing to determine whether a product is a liquid or solid shall be performed using ASTM D4359-90 (Reapproved 2012), Standard Test Method for Determining Whether a Material is a Liquid or a Solid.

D. Compliance Determinations for Charcoal Lighter Material Products. Testing to determine compliance with the certification requirements for charcoal lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991).

E. Testing to determine distillation points of petroleum distillate-based charcoal lighter materials shall be performed using ASTM D86-04b.

F. Testing to determine whether a material is a plasticizer, may be performed using ASTM Designation: E260-96 (Reapproved 2011), Standard Practice for Packed Column Gas Chromatography.

G. Testing to determine whether an art material label provides appropriate precautions concerning chronic health hazards related to the use of art materials, may be performed using ASTM Designation: D4236-94 (Reapproved 2011), Standard Practice for Labeling Art Materials for Chronic Health Hazards.

H. A person may not create, alter, falsify, or otherwise modify records in such a way that the records do not accurately reflect:

(1) The constituents used to manufacture a product;

(2) The chemical composition of the individual product; or

(3) Other tests, processes, or records used in connection with product manufacture.

Md. Code Regs. 26.11.32.16

Regulation .16 amended effective 44:20 Md. R. 947, eff. 10/9/2017