Chapter 39. Architectural and Industrial Maintenance (AIM) Coatings

Supplies, sells, offers for sale, or manufactures an architectural coating for use within the State; or

Uses or applies an architectural coating within the State.

Any architectural coating that is supplied, sold, offered for sale or manufactured for:

Any aerosol coating product; or

An architectural coating that is sold in a container with a volume of 1 liter (1.057 quart) or less, including kits of containers of different colors, types, or categories of coatings and two component products.

Bundling of containers 1 liter or less, which are sold together as a unit; or

Coatings with packaging or marketing which implies that multiple containers 1 liter or less be combined into one container.

Fire-Resistance Rating. The fire-resistance rating of a fire-resistive coating shall be determined by ASTM Test Method E119-08, “Standard Test Methods for Fire Tests of Building Construction and Materials”.

Gloss Determination. The gloss of a coating shall be determined by ASTM Test Method D523-89(1999), “Standard Test Method for Specular Gloss”.

Metal 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) SCAQMD “Laboratory Methods of Analysis for Enforcement Samples”.

Acid Content of Coatings. The acid content of a coating shall be determined by ASTM Test Method D1613-06, “Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer, and Related Products”.

Exempt Compounds—Siloxanes. Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be analyzed as exempt compounds by methods referenced in ASTM D3960-05 “Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings” or Bay Area Air Quality Management District (BAAQMD) Method 43, “Determination of Volatile Methylsiloxanes in Solvent Based Coatings, Inks and Related Materials,” BAAQMD Manual of Procedures, Volume III, adopted November 6, 1996.

Exempt Compounds—Parachlorobenzotrifluoride (PCBTF). The exempt compound parachlorobenzotrifluoride, shall be analyzed by methods referenced in ASTM D3960-05 “Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings” or BAAQMD Method 41 “Determination of Volatile Organic Compounds in Solvent Based Coatings and Related Materials Containing Parachlorobenzotrifluoride,” BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995.

Exempt Compounds. The content of compounds exempt under U.S. EPA Method 24 shall be analyzed by methods referenced in ASTM D3960-05 “Standard Practice for Determining Volatile Organic Compound (VOC) Content of Paints and Related Coatings” or South Coast Air Quality Management District (SCAQMD) Method 303-91 “Determination of Exempt Compounds (Revised 1993)”, SCAQMD Laboratory Methods of Analysis for Enforcement Samples.

VOC Content of Coatings. The VOC content of a coating shall be determined by U.S. EPA Method 24 as it exists in Appendix A-7 of 40 CFR Part 60, “Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings”.

Alternative VOC Content of Coatings. The VOC content of coatings may be analyzed by either U.S. EPA Method 24 as it exists in Appendix A-7 of 40 CFR Part 60, “Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings” or SCAQMD Method 304-91 “Determination of Volatile Organic Compounds (VOC) in Various Materials (Revised 1996)”, SCAQMD “Laboratory Methods of Analysis for Enforcement Samples”.

Methacrylate Traffic Marking Coatings. The VOC content of methacrylate multicomponent coatings used as traffic marking coatings shall be analyzed by the procedures in 40 CFR Part 59, Subpart D, Appendix A, “Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traffic Marking Coatings”.

Radiation Resistance—Nuclear Coatings. The radiation resistance of a nuclear coating shall be determined by ASTM D4082-02 “Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants”

Chemical Resistance—Nuclear Coatings. The chemical resistance of nuclear coatings shall be determined by ASTM D3912-95(2001) “Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants”.

Hydrostatic Pressure for Basement Specialty Coatings. The hydrostatic pressure resistance for basement specialty coatings shall be analyzed using ASTM D7088-04, “Standard Practice for Resistance to Hydrostatic Pressure for Coatings Used in Below Grade Applications Applied to Masonry”.

Tub and Tile refinishing Coating Adhesion. The adhesion of tub and tile coating shall be determined by ASTM D4585-99, “Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation” and ASTM D3359-02, “Standard Test Methods for Measuring Adhesion by Tape Test”.

Tub and Tile Refinish Coating Hardness. The hardness of tub and tile refinish coating shall be determined by ASTM D3363-05, “Standard Test Method for Film Hardness by Pencil Test”.

Tub and Tile Refinish Coating Abrasion Resistance. Abrasion resistance of tub and tile refinish coating shall be analyzed by ASTM D4060-07, “Standard Test Methods for Abrasion Resistance of Organic Coatings by the Taber Abraser”.

Tub and Tile Refinish Coating Water Resistance. Water resistance of tub and tile refinish coatings shall be determined by ASTM D4585-99, “Standard Practice for Testing Water Resistance of Coatings Using Controlled Condensation” and ASTM D714-02e1, “Standard Test Method for Evaluating Degree of Blistering of Paints”.

Waterproofing Membrane. Waterproofing membrane shall be tested by ASTM C836-06, “Standard Specification for High Solids Content, Cold Liquid-Applied Elastomeric Waterproofing Membrane for Use with Separate Wearing Course”.

Mold and Mildew Growth for Basement Specialty Coatings. Mold and mildew growth resistance for basement specialty coatings shall be determined by ASTM D3273-00, “Standard Test Method for Resistance to Growth of Mold on the Surface of Interior Coatings in an Environmental Chamber” and ASTM D3274-95, “Standard Test Method for Evaluating Degree of Surface Disfigurement of Paint Films by Microbial (Fungal or Algal) Growth or Soil and Dirt Accumulation”.

Reactive Penetrating Sealer Water Repellency. Reactive penetrating sealer water repellency shall be analyzed by ASTM C67-07, “Standard Test Methods for Sampling and Testing Brick and Structural Clay Tile”; or ASTM C97-02, “Standard Test Methods for Absorption and Bulk Specific Gravity of Dimension Stone”; or ASTM C140-06, “Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units”.

Reactive Penetrating Sealer Water Vapor Transmission. Reactive penetrating sealer water vapor transmission shall be analyzed ASTM E96/E96M-05, “Standard Test Method for Water Vapor Transmission of Materials”.

Reactive Penetrating Sealer — Chloride Screening Applications. Reactive penetrating sealers shall be analyzed by National Cooperative Highway Research Report 244 (1981), “Concrete Sealers for the Protection of Bridge Structures”.

Stone Consolidants. Stone consolidants shall be tested using ASTM E2167-01, “Standard Guide for Selection and Use of Stone Consolidants”.

“Adhesive” means a chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.

“Aerosol coating product” means a pressurized coating product containing pigments or resins that:

“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).

Appurtenance.

Architectural Coating.

“Basement specialty coating” means a clear or opaque coating that:

“Bituminous roof coating” means a coating that:

“Bituminous roof primer” means a primer that:

“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.

“Calcimine recoater” means a flat solvent borne coating formulated and recommended specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.

Coating.

“Colorant” means a concentrated pigment dispersion in water, solvent, or binder that is added to an architectural coating to produce a desired color.

“Concrete curing compound” means a coating labeled and formulated for application to freshly poured concrete to perform one or more of the following functions:

“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:

“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.

Conjugated oil varnish.

“Conversion varnish” means a clear acid curing coating with an alkyd, or other resin blended with amino resins that:

“Driveway sealer” means a coating labeled and formulated for application to worn asphalt driveway surfaces to perform one or more of the following functions:

“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.

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

“Faux finishing coating” means a coating labeled and formulated to meet one or more of the following criteria:

Fire-Resistive Coating.

“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.

“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.

“Form-release coating” means a coating labeled and formulated for application to a form to prevent freshly poured concrete from bonding to the form.

Graphic Arts Coating (Sign Paint).

“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).

“Impacted immersion coating” means a high performance maintenance coating that is:

Industrial Maintenance Coating.

“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.

“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.

“Mastic texture coating” means a coating:

“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).

“Multi-color coating” means a coating that is:

“Non-flat coating” means a coating that:

“Non-flat—high gloss coating” means a non-flat coating that registers a gloss of 70 or greater on a 60-degree meter.

“Nuclear coating” means a protective coating that:

“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.

“Pre-treatment wash primer” means a primer that:

“Primer, sealer, and undercoater” means a coating labeled and formulated for one or more of the following purposes:

Reactive penetrating sealer.

Reactive Penetrating Carbonate Stone Sealer.

“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.

“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.

Rust Preventive Coating.

“Secondary industrial materials” means products or by-products of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended purpose.

“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.

“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).

“Specialty primer, sealer, and undercoater” means a coating that is formulated for application to a substrate to block water-soluble stains resulting from:

“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.

“Stone consolidant” means a coating that:

Swimming Pool Coating.

“Thermoplastic rubber coating and mastic” means a coating or mastic that:

“Tint base” means colorant which is added to an architectural coating.

“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.

“Tub and tile refinish coating” means a clear or opaque coating that:

“VOC actual” means the weight of VOC per volume of coating, including water and exempt compounds.

VOC Content.

“VOC regulatory” means the weight of VOC per volume of coating, less the volume of water and exempt compounds.

Waterproofing Membrane.

Wood Coatings.

“Wood preservative” means a coating that:

Wood Substrate.

“Zinc-rich primer” means a coating that:

Except as provided in this regulation, a person may not manufacture, blend, repackage for sale, supply, sell, offer for sale, or apply within the State an architectural coating with a VOC content in excess of the corresponding limit specified in Regulation .05 of this chapter.

Limits are expressed as VOC content, thinned to the manufacturer’s maximum thinning recommendation, excluding any colorant added to tint bases.

Aluminum roof coatings;

Bituminous roof primers;

High-temperature coatings;

Industrial maintenance coatings;

Low-solids coatings;

Metallic pigmented coatings;

Pretreatment wash primers;

Shellacs;

Specialty primers, sealers, and undercoaters;

Wood coatings;

Wood preservatives;

Zinc-rich primers

Calcimine recoaters;

Impacted immersion coatings;

Nuclear coatings;

Thermoplastic rubber coatings and mastic; and

Concrete surface retarders.

A coating manufactured before the effective date of January 1, 2017, that complied with the standards in effect at the time the coating was manufactured may be sold, supplied, or offered for sale until January 1, 2020.

A coating that complies with the standards in effect in this State at the time of manufacture may be applied at any time.

The provisions of this section do not apply to a coating that does not display a date or date code representing the date of manufacture.

Notwithstanding §D(2) of this regulation, a person may not apply any rust preventative coating manufactured before January 1, 2017 for industrial use, unless such a rust preventative coating complies with the industrial maintenance coating limit specified in Regulation .05 of this chapter.

All architectural coating containers used to apply the contents therein to a surface by pouring, siphoning, brushing, rolling, padding, ragging, or other means, shall be closed when not in use.

Architectural coatings containers include, but are not limited to drums, buckets, cans, pails, trays, or other application containers.

Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use.

Aluminum roof coatings;

Basement specialty coatings;

Concrete/masonry sealers;

Conjugated oil varnish;

Driveway sealers;

Reactive penetrating sealer;

) Reactive penetrating carbonate stone sealers;

Stone consolidant;

Tub and tile refinishing coating;

Waterproofing membranes;

Wood coatings; and

Zinc-rich primers.

The date the coating was manufactured, or a date code representing the date of manufacture, shall be indicated on the label, lid, or bottom of the container.

If the manufacturer uses a date code for a coating, the manufacturer shall file an explanation of each code with the Department.

A statement of the manufacturer’s recommendation regarding thinning of the coating shall be indicated on the label or lid of the container.

This requirement does not apply to the thinning of architectural coatings with water.

If thinning of the coating before use is not necessary, the recommendation shall specify that the coating is to be applied without thinning.

A container of a coating subject to this chapter shall display one of the following values in grams of VOC per liter of coating:

If the manufacturer does not recommend thinning, the container shall display the VOC content, as supplied.

If the manufacturer recommends thinning, the container shall display the VOC content including the maximum amount of thinning solvent recommended by the manufacturer.

If the coating is a multi-component product, the container shall display the VOC content as mixed or catalyzed.

If the coating contains silanes, siloxanes, or other ingredient that generate ethanol or other VOCs during the curing process, the VOC content shall include the VOCs emitted during curing.

The VOC content shall be determined using the procedures in Regulation .08 of this chapter.

“For industrial use only”;

“For professional use only”;

“Not for residential use”; or

“Not intended for residential use”.

“For blocking stains”;

“For fire-damaged substrates”;

“For smoke-damaged substrates”; or

“For water-damaged substrates”;

“For professional use only”;

“For industrial use only”;

“Not for residential use”; or

“Not intended for residential use”.

If thinning is recommended, list the VOC actual content and VOC regulatory content after maximum recommended thinning.

If containers less than 1 liter have a different VOC content than containers greater than 1 liter, list separately.

If the coating is a multi-component product, provide the VOC content as mixed or catalyzed.

For the purpose of determining compliance with the VOC content limits in Table 1 of Regulation .05 of this chapter, the VOC content of a coating shall be determined using the following procedures, as applicable:

The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured.

If the manufacturer does not recommend thinning, the VOC content shall be calculated for the product as supplied.

If the manufacturer recommends thinning, the VOC content shall be calculated including the maximum amount of thinning solvent recommended by manufacturer.

If the coating is a multi-component product, the VOC content shall be calculated as mixed or catalyzed.

If the coating contains silanes, siloxanes, or other ingredients that generate ethanol or other VOCs during the curing process, the VOC content shall include the VOCs emitted during curing.

Except as provided in §C of this regulation, a person shall determine the VOC content of a coating using one of the test methods listed in Regulation .02 of this chapter, or an alternative method approved by the Department.

If there are any inconsistencies between the results of EPA Method 24 test and any other means for determining VOC content, the EPA Method 24 test results will govern.

The exempt compounds content shall be determined by one of the test methods listed in Regulation .02 of the chapter, as applicable.