Md. Code Regs. 26.11.35.01 - 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.

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 26.11.19.15 a C(1)-(3), COMAR 26.11.19.30 a 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 a; 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.

I. The VOC limitations in Regulation .04 of this chapter shall be applicable to single-ply roof membrane installation and repair adhesives, single-ply roof membrane sealants, and single-ply roof membrane adhesive primers according to the following schedule:

(1) For the year 2009, from May 15 through September 15;

(2) For the years 2010 and 2011, from May 1 through September 30; and

(3) On and after January 1, 2012.

Notes

Md. Code Regs. 26.11.35.01

Regulations .01 adopted as an emergency provision effective January 11, 2008 (35:3 Md. R. 287); adopted permanently effective April 21, 2008 (35:8 Md. R. 809)
Regulation .01I adopted as an emergency provision effective January 1, 2009 (36:5 Md. R. 420); adopted permanently effective June 1, 2009 (36:11 Md. R. 787)