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PA Bulletin, Doc. No. 09-619a

[39 Pa.B. 1636]
[Saturday, April 4, 2009]

[Continued from previous Web Page]

CHAPTER 129.  STANDARDS FOR SOURCES

SOURCES OF VOCs

   (Editor's Note:  Section 129.77 is new and printed in regular type to enhance readability.)

§ 129.77. Control of emissions from the use or application of adhesives, sealants, primers and solvents.

   (a)  This section applies to the owner or operator of a facility that uses or applies one or more of the following on or after April 15, 2010:

   (1)  An adhesive, sealant, adhesive primer or sealant primer subject to the emission standards in Table V.

   (2)  An adhesive or sealant product applied to the listed substrate subject to the emission standards in Table VI.

   (3)  A surface preparation solvent or cleanup solvent.

   (b)  On or after April 15, 2010, an owner or operator of a facility may not use or apply at the facility an adhesive, sealant, adhesive primer or sealant primer that exceeds the applicable VOC content limit in Table V or VI, except as provided elsewhere in this section.

   (c)  On or after April 15, 2010, an owner or operator of a facility may not use or apply at the facility a surface preparation or cleanup solvent that exceeds the applicable VOC content limit or composite vapor pressure requirements of this section, except as provided elsewhere in this section.

   (d)  The VOC content limits in Table VI for adhesives or sealants applied to particular substrates apply as follows:

   (1)  If an owner or operator uses an adhesive or sealant subject to a specific VOC content limit in Table V, the specific limit is applicable rather than the adhesive-to-substrate limit in Table VI.

   (2)  If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content is the limit for this use.

   (e)  An owner or operator subject to this section using a surface preparation solvent or cleanup solvent may not:

   (1)  Except as provided in paragraph (2) for single-ply roof membrane, use materials containing VOCs for surface preparation, unless the VOC content of the surface preparation solvent is less than 70 grams per liter of material or 0.6 pound of VOC per gallon of material.

   (2)  Use materials containing VOCs for surface preparation or cleanup when applying single-ply roof membrane, unless the composite vapor pressure, excluding water and exempt compounds, of the surface preparation solvent or cleanup solvent is less than or equal to 45 mm mercury at 20° C.

   (3)  Except as provided in subsection (f), use cleanup solvent materials containing VOCs for the removal of adhesives, sealants, adhesive primers or sealant primers from surfaces, other than from the parts of spray application equipment, unless the composite vapor pressure of the solvent is less than or equal to 45 mm mercury at 20° C.

   (f)  Removal of an adhesive, sealant, adhesive primer or sealant primer from the parts of spray application equipment shall be performed by one or more of the following methods:

   (1)  Using an enclosed cleaning system, or an equivalent cleaning system as determined by the test method identified in subsection (z).

   (2)  Using a solvent with a VOC content less than or equal to 70 grams of VOC per liter of material or 0.6 pound of VOC per gallon of material.

   (3)  Soaking parts containing dried adhesive in a solvent if the composite vapor pressure of the solvent, excluding water and exempt compounds, is less than or equal to 9.5 mm mercury at 20° C and the parts and solvent are in a closed container that remains closed except when adding parts to or removing parts from the container.

   (g)  An owner or operator using an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent subject to the emission standard requirements of this section may comply with the requirements of this section through the use of add-on air pollution control equipment if the following requirements are met:

   (1)  The VOC emissions from the use of all noncomplying as applied adhesives, sealants, adhesive primers, sealant primers, surface preparation solvents and cleanup solvents subject to the emission standard requirements of this section are reduced by an overall efficiency of at least 85%, by weight.

   (i)  The capture efficiency of the system must be determined in accordance with subsection (y)(1).

   (ii)  The control efficiency of the system must be determined in accordance with subsection (y)(2).

   (2)  The combustion temperature is continuously monitored and recorded if a thermal incinerator is operated.

   (3)  Inlet and exhaust gas temperatures are continuously monitored and recorded if a catalytic incinerator is operated.

   (4)  Control device efficiency is monitored continuously if a carbon absorber or control device other than a thermal or catalytic incinerator is operated.

   (5)  Operation records sufficient to demonstrate compliance with the requirements of this section are maintained in accordance with subsections (p), (q) and (r).

   (6)  The control equipment is approved, in writing, by the Department in an operating permit.

   (h)  A person using an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent subject to this section shall store or dispose of all absorbent materials, including cloth or paper, which are moistened with adhesives, sealants, primers, surface preparation solvents or cleanup solvents subject to this section, in nonabsorbent containers that are kept closed except when placing materials in or removing materials from the container.

   (i)  A person may not solicit, require the use of or specify the application of an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent if the use or application would result in a violation of this section. The prohibition of this subsection applies to all written or oral contracts under which an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent subject to this section is to be used at a location in this Commonwealth.

   (j)  A person who applies or solicits the application of an adhesive, sealant, adhesive primer or sealant primer subject to this section may not add solvent to the adhesive, sealant, adhesive primer or sealant primer in an amount in excess of the manufacturer's recommendation for application, if this addition causes the adhesive, sealant, adhesive primer or sealant primer to exceed the applicable VOC content limit listed in Table V or VI, unless the emissions are controlled through the use of add-on air pollution control equipment as specified in subsection (g).

   (k)  This section does not apply to the use or application of the following compounds or products:

   (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 subsections (q) and (r).

   (2)  Adhesives, sealants, adhesive primers or sealant primers that are subject to §§ 129.51, 129.52, 129.67, 129.73, 129.75, 129.101--129.107 or Chapter 130, Subchapter B or C (relating to consumer products; and architectural and industrial maintenance coatings).

   (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 that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of 1 pound or less, except plastic cement welding adhesives and contact adhesives.

   (6)  Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of 1 gallon or less.

   (l)  This section does 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)  The assembly, repair and manufacture of aerospace components or undersea-based weapons systems.

   (3)  The manufacture of medical equipment.

   (4)  Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992. An owner or operator claiming an exemption under this paragraph shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with subsections (p)--(r).

   (m)  This section applies to the use or application of single-ply roof membrane installation or repair adhesive, single-ply roof membrane sealant and single-ply roof membrane adhesive primer on the following schedule:

   (1)  For the years 2010 and 2011, from April 15 through October 15.

   (2)  On and after January 1, 2012.

   (n)  This section does not apply if the total VOC emissions from all adhesives, sealants, adhesive primers and sealant primers used at the facility are less than 200 pounds or an equivalent volume, per calendar year. An owner or operator claiming exemption under this subsection shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with subsections (p)--(r).

   (o)  This section does not apply to the use of a noncomplying adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent if the total volume of noncomplying adhesives, sealants, primers, surface preparation and cleanup solvents applied facility-wide does not exceed 55 gallons per calendar year. An owner or operator claiming exemption under this subsectiongraph shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with subsections (p)--(r).

   (p)  Except as provided in subsection (q), each owner or operator subject to this section shall maintain records demonstrating compliance with this section, including the following information:

   (1)  A list of each adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent and cleanup solvent product in use and in storage.

   (2)  A data sheet or material list which provides the product name, manufacturer identification and use or material application for each product included on the list required under paragraph (1).

   (3)  The VOC content of each product on the list required under paragraph (1), as supplied.

   (4)  Catalysts, reducers or other components used and the mix ratio.

   (5)  The VOC content or vapor pressure of each product on the list required by paragraph (1), as applied, if solvent or other VOC is added to the product before application.

   (6)  The volume used of each product on the list required under paragraph (1).

   (q)  For an adhesive, sealant, adhesive primer and sealant primer product subject to the laboratory testing exemption of subsection (k)(1), the person conducting the testing shall make and maintain records of all products used, including the following information:

   (1)  The product name.

   (2)  The product category of the material or type of application.

   (3)  The VOC content of the material.

   (r)  Records made to determine compliance with this section shall be:

   (1)  Maintained onsite for at least 5 years from the date the record is created.

   (2)  Made available to the Department upon request.

   (s)  Except as provided in subsections (u)--(w), the VOC and solids content of all nonaerosol adhesives, sealants, adhesive primers, sealant primers, surface preparation solvents and cleanup solvents shall be determined using one of the following:

   (1)  EPA Reference Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, found at 40 CFR 60, Subpart D, Appendix A, including updates and revisions.

   (2)  SCAQMD Method 304, Determination of Volatile Organic Compounds (VOC) in Various Materials, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

   (t)  The identity and concentration of exempt organic compounds shall be determined using one of the following:

   (1)  ASTM D4457, Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA including updates and revisions.

   (2)  SCAQMD Method 303, Determination of Exempt Compounds, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

   (u)  The VOC content of a plastic cement welding adhesive or primer shall be determined using SCAQMD Method 316A, Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

   (v)  To determine if a diluent is a reactive diluent, the percentage of the reactive organic compound that becomes an integral part of the finished materials shall be determined using SCAQMD Method 316A, Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

   (w)  The composite vapor pressure of organic compounds in cleaning materials shall be determined by the following procedure:

   (1)  Quantifying the amount of each compound in the blend using gas chromatographic analysis, using the following methods:

   (i)  ASTM E260, Standard Practice for Packed Column Gas Chromatography, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA, for organic content, including updates and revisions.

   (ii)  ASTM D3792, Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA, for water content, including updates and revisions.

   (2)  Calculating the composite vapor pressure using the following equation:
n
SIGMA
(Wi) (VPi)/Mwi
i-1
Ppc= _________________
n                       n
Ww/Mww + SIGMA
We/Mwe + SIGMA Wi/Mwi
i-1                   i-1

Where:

   Ppc = VOC composite partial pressure at 20° C, in mm mercury.

   Wi = Weight of the ''i''th VOC compound, in grams, as determined by ASTM E260.

   Ww = Weight of water, in grams, as determined by ASTM D3792.

   We = Weight of the ''i''th exempt compound, in grams, as determined by ASTM E260.

   Mwi = Molecular weight of the ''i''th VOC compound, in grams per g-mole, as given in chemical reference literature.

   Mww = Molecular weight of water, 18 grams per g-mole.

   Mwe = Molecular weight of the ''i''th exempt compound, in grams per g-mole, as given in chemical reference literature.

   VPi = Vapor pressure of the ''i''th VOC compound at 20° C, in mm mercury, as determined by subsection (x).

   (x)  The vapor pressure of each single component compound may be determined from one or more of the following:

   (1)  ASTM D2879, Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-2959 USA, including updates and revisions.

   (2)  The most recent edition of one or more of the following sources:

   (i)  Vapour Pressures of Pure Substances, Boublik, Elsevier Scientific Publishing Company, New York.

   (ii)  Perry's Chemical Engineers' Handbook, Green and Perry, McGraw-Hill Book Company.

   (iii)  CRC Handbook of Chemistry and Physics, CRC Press.

   (iv)  Lange's Handbook of Chemistry, McGraw-Hill Book Company.

   (v)  Additional sources approved by the SCAQMD or other California air districts.

   (y)  If air pollution control equipment is used to meet the requirements of this section, the owner or operator shall make both of the following determinations:

   (1)  The measurement of capture efficiency shall be conducted and reported in accordance with the EPA Technical Document ''Guidelines for Determining Capture Efficiency,'' issued January 9, 1995.

   (2)  The control efficiency shall be determined in accordance with one of the following:

   (i)  EPA Reference Method 25, Determination of Total Gaseous Nonmethane Organic Emissions as Carbon, found at 40 CFR 60, Subpart D, Appendix A, including updates and revisions.

   (ii)  EPA Reference Method 25A, Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyzer, found at 40 CFR 60, Subpart D, Appendix A, including updates and revisions.

   (iii)  EPA Reference Method 25B, Determination of Total Gaseous Organic Concentration Using a Nondispersive Infrared Analyzer, found at 40 CFR 60, Subpart D, Appendix A, including updates and revisions.

   (iv)  CARB Method 100, Procedures for Continuous Gaseous Emission Stack Sampling, California Air Resources Board, 1001 ''I'' Street, Post Office Box 2815, Sacramento, CA 95812 USA, including updates and revisions.

   (z)  The active and passive solvent losses from the use of an enclosed spray gun cleaning system or equivalent cleaning system, as listed in subsection (f)(1), shall be determined using the SCAQMD method, General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems, dated October 3, 1989, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

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

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

   (aa)  For adhesive, sealant, adhesive primer or sealant primer products that do not contain reactive diluents, grams of VOC per liter of product thinned to the manufacturer's recommendation, less water and exempt compounds, shall be calculated according to the following equation:

   Grams of VOC per liter of product, as applied =
Ws - Ww - We
Vm - Vw - Ve

Where:

   Ws = weight of volatile compounds, in grams.

   Ww = weight of water, in grams.

   We = weight of exempt compounds, in grams.

   Vm = volume of material, in liters.

   Vw = volume of water, in liters.

   Ve = volume of exempt compounds, in liters.

   (bb)  For adhesive, sealant, adhesive primer or sealant primer products that contain reactive diluents, the VOC content of the product is determined after curing. The grams of VOC per liter of product thinned to the manufacturer's recommendation, less water and exempt compounds, shall be calculated according to the following equation:

   Grams of VOC per liter of product, as applied =
Wrs - Wrw - Wre
Vrm - Vrw - Vre

Where:

   Wrs = weight of volatile compounds not consumed during curing, in grams.

   Wrw = weight of water not consumed during curing, in grams.

   Wre = weight of exempt compounds not consumed during curing, in grams.

   Vrm = volume of material not consumed during curing, in liters.

   Vrw = volume of water not consumed during curing, in liters.

   Vre = volume of exempt compounds not consumed during curing, in liters.

   (cc)  For low-solids adhesive, sealant, adhesive primer or sealant primer products, grams of VOC per liter of product thinned to the manufacturer's recommendation, including the volume of water and exempt compounds, shall be calculated according to the following equation:

   Grams of VOC per liter of product, as applied =
Ws - Ww - We
Vm

Where:

   Ws = weight of volatile compounds, in grams.

   Ww = weight of water, in grams.

   We = weight of exempt compounds, in grams.

   Vm = volume of material, in liters.

   (dd)  Percent VOC by weight shall be calculated according to the following equation:

   % VOC by weight = [(Wv / W)] x 100

Where:

   Wv = weight of VOCs in grams.

   W = weight of material in grams.

   (ee)  To convert from grams per liter (g/l) to pounds per gallon (lb/gal), multiply the result (VOC content) by 8.345 x 10-3 (lb/gal/g/l).

Table V.  VOC Content Limits for Adhesives, Sealants, Adhesive Primers and Sealant Primers, As Applied

VOC content limitsVOC content limit
(pounds VOC per(grams VOC per liter,
Adhesive, sealant, adhesive primer orgallon, less water andless water and exempt
sealant primer categoryexempt compounds)*compounds)*
Adhesives
   ABS welding 3.3 400
   Ceramic tile installation 1.1 130
   Computer diskette jacket manufacturing 7.1 850
   Contact bond 2.1 250
   Cove base installation 1.3 150
   CPVC welding 4.1 490
   Indoor floor covering installation 1.3 150
   Metal to urethane/rubber molding or casting 7.1 850
   Multipurpose construction 1.7 200
   Nonmembrane roof installation/repair 2.5 300
   Outdoor floor covering installation 2.1 250
   Perimeter bonded sheet vinyl flooring installation 5.5 660
   Plastic cement welding, other than ABS, CPVC or PVC welding 4.3 510
   PVC welding 4.3 510
   Sheet rubber installation 7.1 850
   Single-ply roof membrane installation/repair 2.1 250
   Structural glazing 0.8 100
   Thin metal laminating 6.5 780
   Tire retread 0.8 100
   Waterproof resorcinol glue 1.4 170
Sealants
   Architectural 2.1 250
   Marine deck 6.3 760
   Nonmembrane roof installation/repair 2.5 300
   Roadway 2.1 250
   Single-ply roof membrane 3.8 450
   Other 3.5 420
Adhesive Primers
   Automobile glass 5.8 700
   Plastic cement welding 5.4 650
   Single-ply roof membrane 2.1 250
   Traffic making tape 1.3 150
   Other 2.1 250
Sealant Primers
   Marine deck 6.3 760
   Nonporous architectural 6.5 775
   Porous architectural2.1250
   Other 6.3 750

*The VOC content is determined as the weight of VOC per volume of product, less water and exempt compounds, as specified in subsections (aa) and (bb) or as the weight of VOC per volume of product, as specified in subsection (cc).

Table VI.  VOC Content Limits for Adhesive or Sealant Products Applied to Particular Substrates, As Applied

VOC content limitVOC content limit
Adhesive or Sealant(pounds VOC per(grams VOC per liter,
Products Applied togallon, less water andless water and exempt
the Listed Substrateexempt compounds)*compounds)*
Fiberglass 1.7 200
Flexible vinyl 2.1 250
Metal 0.3 30
Porous material 1.0 120
Rubber2.1250
Other substrates 2.1 250

*The VOC content is determined as the weight of VOC per volume of product, less water and exempt compounds, as specified in subsections (aa) and (bb) or as the weight of VOC per volume of product, as specified in subsection (cc).


CHAPTER 130. STANDARDS FOR PRODUCTS

   (Editor's Note:  Subchapter D is new and printed in regular type to enhance readability.)

Subchapter D. ADHESIVES, SEALANTS, PRIMERS AND SOLVENTS

GENERAL PROVISIONS

Sec.

130.701.Applicability.
130.702.Emission standards.
130.703.Exemptions and exceptions.
130.704.Recordkeeping requirements.
130.705.Compliance procedures and test methods.
130.706.Container labeling.

§ 130.701. Applicability.

   (a)  Except as provided in § 130.703 (relating to exemptions and exceptions), this subchapter applies to a person who, on or after April 15, 2010, sells, supplies, offers for sale or manufactures for sale for use in this Commonwealth one or more of the following products subject to this subchapter:

   (1)  An adhesive, sealant, adhesive primer or sealant primer product.

   (2)  An adhesive or sealant product applied to particular substrates.

   (3)  A surface preparation solvent or cleanup solvent product.

   (b)  Except as provided in § 130.703, this subchapter applies to a person who, on or after April 15, 2010, uses or applies for compensation within this Commonwealth one or more of the following products subject to this subchapter:

   (1)  An adhesive, sealant, adhesive primer or sealant primer product.

   (2)  An adhesive or sealant product applied to particular substrates.

   (3)  A surface preparation solvent or cleanup solvent product.

§ 130.702. Emission standards.

   (a)  Except as provided in § 130.703 (relating to exemptions and exceptions), on and after April 15, 2010, a person may not sell, supply, offer for sale or manufacture for sale for use in this Commonwealth one or more of the following products subject to this subchapter:

   (1)  An adhesive, sealant, adhesive primer, or sealant primer product manufactured on or after April 15, 2010, which contains VOCs in excess of the applicable VOC content limits specified in Table I.

   (2)  An adhesive or sealant product manufactured on or after April 15, 2010, applied to particular substrates, which contains VOCs in excess of the applicable VOC content limits specified in Table II.

   (b)  Except as provided in § 130.703, on and after April 15, 2010, a person may not use or apply for compensation within this Commonwealth one or more of the following products subject to this subchapter:

   (1)  An adhesive, sealant, adhesive primer or sealant primer product which contains VOCs in excess of the applicable VOC content limits specified in Table I.

   (2)  An adhesive or sealant product applied to particular substrates which contains VOCs in excess of the applicable VOC content limits specified in Table II.

   (c)  On and after April 15, 2010, the VOC content limits in Table II for adhesives or sealants applied to particular substrates apply as follows:

   (1)  If a person uses an adhesive or sealant subject to a specific VOC content limit in Table I, the specific limit is applicable rather than the adhesive-to-substrate limit in Table II.

   (2)  If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content is the limit for this use.

   (d)  On and after April 15, 2010, a person subject to this subchapter using a surface preparation solvent or cleanup solvent may not:

   (1)  Except as provided in paragraph (2) for single-ply roof membrane, use materials containing VOCs for surface preparation, unless the VOC content of the surface preparation solvent is less than 70 grams per liter of material or 0.6 pound of VOC per gallon of material.

   (2)  If a surface preparation solvent is used in applying single-ply roof membrane, use materials containing VOCs for surface preparation, unless the composite vapor pressure, excluding water and exempt compounds, of the surface preparation solvent is less than or equal to 45 mm mercury at 20° C.

   (3)  Except as provided in subsection (e), use materials containing VOCs for the removal of adhesives, sealants or adhesive or sealant primers from surfaces, other than from the parts of spray application equipment, unless the composite vapor pressure of the solvent used is less than or equal to 45 mm mercury at 20° C.

   (e)  On and after April 15, 2010, the removal of an adhesive, sealant, adhesive primer or sealant primer from the parts of spray application equipment shall be performed by one or more of the following methods:

   (1)  Using an enclosed cleaning system or equivalent cleaning system, as determined by the test method identified in § 130.705(g) (relating to compliance procedures and test methods).

   (2)  Using a solvent with a VOC content less than or equal to 70 grams of VOC per liter of material or 0.6 pound of VOC per gallon of material.

   (3)  Soaking parts containing dried adhesive in a solvent if the composite vapor pressure of the solvent, excluding water and exempt compounds, is less than or equal to 9.5 mm mercury at 20° C and the parts and solvent are in a closed container that remains closed except when adding parts to or removing parts from the container.

   (f)  On and after April 15, 2010, a person using adhesives, sealants, adhesive primers, sealant primers, surface preparation solvents or cleanup solvents subject to this subchapter shall store or dispose of all absorbent materials, including cloth or paper, which are moistened with adhesives, sealants, primers or solvents subject to this subchapter, in nonabsorbent containers that are kept closed except when placing materials in or removing materials from the container.

   (g)  On and after April 15, 2010, a person may not solicit, require the use of or specify the application of an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent if the use or application would result in a violation of this subchapter. The prohibition of this subsection applies to all written or oral contracts under which an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent subject to this subchapter is to be used at a location in this Commonwealth.

   (h)  On and after April 15, 2010, a person who applies or solicits the application of an adhesive, sealant, adhesive primer or sealant primer subject to the requirements of this subsection may not add solvent to the adhesive, sealant, adhesive primer or sealant primer in an amount in excess of the manufacturer's recommendation for application, if this addition causes the adhesive, sealant, adhesive primer or sealant primer to exceed the applicable VOC content limit listed in Table I or II.

Table I. VOC Content Limits for Adhesives, Sealants, Adhesive Primers and Sealant Primers, As Applied

VOC content limitVOC content limit
(pounds VOC per(grams VOC per liter,
Adhesive, sealant, adhesive primer orgallon, less water andless water and exempt
sealant primer categoryexempt compounds)*compounds)*
Adhesives
   ABS welding 3.3 400
   Ceramic tile installation 1.1 850
   Computer diskette jacket manufacturing 7.1 850
   Contact bond 2.1 250
   Cove base installation 1.3 150
   CPVC welding 4.1 490
   Indoor floor covering installation 1.3 150
   Metal to urethane/rubber molding or casting 7.1 850
   Multipurpose construction 1.7 200
   Nonmembrane roof installation/repair 2.5 300
   Outdoor floor covering installation 2.1 250
   Perimeter bonded sheet vinyl flooring installation 5.5 660
   Plastic cement welding, other than ABS, CPVC or PVC welding 4.3 510
   PVC welding 4.3 510
   Sheet rubber installation 7.1 850
   Single-ply roof membrane installation/repair 2.1 250
   Structural glazing 0.8 100
   Thin metal laminating 6.5 780
   Tire retread 0.8 100
   Waterproof resorcinol glue 1.4 170
Sealants
   Architectural 2.1 250
   Marine deck 6.3 760
   Nonmembrane roof installation/repair 2.5 300
   Roadway 2.1 250
   Single-ply roof membrane 3.7 450
   Other 3.5 420
Adhesive Primers
   Automotive glass 5.8 700
   Plastic cement welding 5.4 650
   Single-ply roof membrane 2.1 250
   Traffic marking tape 1.3 150
   Other 2.1 250
Sealant Primers
   Marine deck 6.3 760
   Nonporous architectural 2.1 250
   Porous architectural 6.5 775
   Other 6.3 760

*The VOC content is determined as the weight of VOC per volume of product, less water and exempt compounds, as specified in § 130.705(h) and (i) or as the weight of VOC per volume of product, as specified in § 130.705(j).

Table II. VOC Content Limits for Adhesives or Sealant

VOC content limitVOC content limit
Adhesive or Sealant(pounds VOC per(grams VOC per liter,
Products Applied togallon, less water andless water and exempt
the Listed Substrateexempt compounds)*compounds)*
Fiberglass 1.7 200
Flexible vinyl 2.1 250
Metal 0.3 30
Porous material 1.0 120
Rubber 2.1 250
Other substrates 2.1 250

*The VOC content is determined as the weight of VOC per volume of product, less water and exempt compounds, as specified in § 130.705(h) and (i) or as the weight of VOC per volume of product, as specified in § 130.705(j).


§ 130.703. Exemptions and exceptions.

   (a)  This subchapter does not apply to the use or sale of the following compounds or products:

   (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 under § 130.704 (relating to recordkeeping requirements).

   (2)  Adhesives, sealants, adhesive primers or sealant primers that are subject to §§ 129.51, 129.52, 129.67, 129.73, 129.75, 129.101--129.107 or Chapter 130, Subchapter B or C (relating to consumer products; and architectural and industrial maintenance coatings).

   (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 that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of 1 pound or less, except plastic cement welding adhesives and contact adhesives.

   (6)  Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of 1 gallon or less.

   (b)  This subchapter does 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)  The assembly, repair and manufacture of aerospace components or undersea-based weapons systems.

   (3)  The manufacture of medical equipment.

   (4)  Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992. A person claiming an exemption under this paragraph shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with § 130.704.

   (c)  This subchapter does not apply to the use or application of single-ply roof membrane installation or repair adhesive, single-ply roof membrane sealant and single-ply roof membrane adhesive primer prior to April 15, 2010. This subchapter applies to the use and application of these products on the following schedule:

   (1)  For the years 2010 and 2011, from April 15 through October 15.

   (2)  On and after January 1, 2012.

   (d)  This subchapter does not apply to the sale, supply, offer for sale or manufacture for sale of a single-ply roof membrane installation or repair adhesive, single-ply roof membrane sealant or single-ply roof membrane adhesive primer prior to January 1, 2012.

   (e)  Section 130.702(a)--(e) (relating to emission standards) does not apply if the total VOC emissions from all adhesives, sealants, adhesive primers and sealant primers used at the facility are less than 200 pounds or an equivalent volume, per calendar year. A person claiming exemption under this paragraph shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with § 130.704.

   (f)  Section 130.702(a)--(e) does not apply to the use of a noncomplying adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent if the total volume of noncomplying adhesives, sealants, primers, surface preparation solvents and cleanup solvents applied facility-wide does not exceed 55 gallons per calendar year. A person claiming exemption under this subsection shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with § 130.704.

   (g)  This subchapter does not apply to an adhesive, sealant, adhesive primer or sealant primer product that does not comply with § 130.702 if the manufacturer or distributor of the noncomplying product makes and keeps records demonstrating both of the following:

   (1)  The noncomplying adhesive, sealant, adhesive primer or sealant primer product is intended for shipment and use outside of this Commonwealth.

   (2)  The manufacturer or distributor has taken reasonably prudent precautions to assure that the noncomplying adhesive, sealant, adhesive primer or sealant primer product is not distributed to or within this Commonwealth.

   (h)  The exemption in subsection (g) does not apply to an adhesive, sealant, adhesive primer or sealant primer product that is sold, supplied or offered for sale by a person to a retail outlet in this Commonwealth.

   (i)  This subchapter does not apply to an adhesive, sealant, adhesive primer or sealant primer product that is sold or supplied for use or application at a facility subject to the requirements of § 129.77 (relating to control of emissions from the use or application of adhesives, sealants and primers).

   (j)  Sections 130.704 and 130.705 (relating to compliance procedures and test methods) do not apply to the use of an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent at a private residence for a noncommercial purpose.

§ 130.704. Recordkeeping requirements.

   (a)  On and after April 15, 2010, a person who sells, supplies, offers for sale or manufactures for sale for use in this Commonwealth an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product subject to this subchapter shall maintain records demonstrating compliance with this subchapter, including the following information:

   (1)  A data sheet or material list which provides the material name, manufacturer identification and material application for each product.

   (2)  The VOC content of each product, as supplied.

   (3)  The number of gallons of product sold in this Commonwealth.

   (b)  On and after April 15, 2010, a person who uses or applies an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product subject to this subchapter shall maintain records demonstrating compliance with this subchapter, including the following information:

   (1)  A list of each adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent and cleanup solvent product in use and in storage.

   (2)  A data sheet or material list which provides the product name, manufacturer identification and use or material application for each product included on the list required under paragraph (1).

   (3)  The VOC content of each product on the list required under paragraph (1), as supplied.

   (4)  Catalysts, reducers or other components used and the mix ratio.

   (5)  The VOC content or vapor pressure of each product on the list required under paragraph (1), as applied, if solvent or other VOC is added to the product before application.

   (6)  The volume used of each product on the list required under paragraph (1).

   (c)  For an adhesive, sealant, adhesive primer and sealant primer product subject to the laboratory testing exemption of § 130.703(a)(1) (relating to exemptions and exceptions), on and after April 15, 2010, the person conducting the testing shall make and maintain records of all materials used, including the following information:

   (1)  The product name.

   (2)  The product category of the material or type of application.

   (3)  The VOC content of the material.

   (d)  Records made to determine compliance with this subchapter shall be:

   (1)  Maintained for at least 5 years from the date the record is created.

   (2)  Made available to the Department upon request.

§ 130.705. Compliance procedures and test methods.

   (a)  Except as provided in subsections (c)--(e), the VOC and solids content of all nonaerosol adhesives, sealants, adhesive primers, sealant primers, surface preparation solvents and cleanup solvents shall be determined using one of the following:

   (1)  EPA Reference Method 24, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, found at 40 CFR 60, Subpart D, Appendix A, including updates and revisions.

   (2)  SCAQMD Method 304, Determination of Volatile Organic Compounds (VOC) in Various Materials, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

   (b)  The identity and concentration of exempt organic compounds shall be determined using one of the following:

   (1)  ASTM D4457, Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in Paints and Coatings by Direct Injection into a Gas Chromatograph, ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959 USA, including updates and revisions.

   (2)  SCAQMD Method 303, Determination of Exempt Compounds, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

   (c)  The VOC content of a plastic cement welding adhesive or primer shall be determined using SCAQMD Method 316A, Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

   (d)  To determine if a diluent is a reactive diluent, the percentage of the reactive organic compound that becomes an integral part of the finished materials shall be determined using SCAQMD Method 316A, Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

   (e)  The composite vapor pressure of organic compounds in cleaning materials shall be determined by the following procedure:

   (1)  Quantifying the amount of each compound in the blend using gas chromatographic analysis, using the following methods:

   (i)  ASTM E260, Standard Practice for Packed Column Gas Chromatography, ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959 USA, for organic content, including updates and revisions.

   (ii)  ASTM D3792, Standard Test Method for Water Content of Coatings by Direct Injection Into a Gas Chromatograph, ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959 USA, for water content, including updates and revisions.

   (2)  Calculating the composite vapor pressure using the following equation:
n
SIGMA
(Wi) (VPi)/Mwi
i-1
Ppc= _________________
n                       n
Ww/Mww + SIGMA
We/Mwe + SIGMA Wi/Mwi
i-1                   i-1

Where:

   Ppc = VOC composite partial pressure at 20° C, in mm Hg.

   Wi = Weight of the ''i''th VOC compound, in grams, as determined by ASTM E260.

   Ww = Weight of water, in grams as determined by ASTM D3792.

   We = Weight of the ''i''th exempt compound, in grams, as determined by ASTM E260.

   Mwi = Molecular weight of the ''i''th VOC compound, in grams per g-mole, as given in chemical reference literature.

   Mww = Molecular weight of water, 18 grams per g-mole.

   Mwe = Molecular weight of the ''i''th exempt compound, in grams per g-mole, as given in chemical reference literature.

   VPi = Vapor pressure of the ''i''th VOC compound at 20° C, in mm mercury, as determined by subsection (f).

   (f)  The vapor pressure of each single component compound may be determined from one or more of the following:

   (1)  ASTM D2879, Standard Test Method for Vapor Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-2959 USA, including updates and revisions.

   (2)  The most recent edition of one or more of the following sources:

   (i)  Vapour Pressures of Pure Substances, Boublik, Elsevier Scientific Publishing Company, New York.

   (ii)  Perry's Chemical Engineers' Handbook, Green and Perry, McGraw-Hill Book Company.

   (iii)  CRC Handbook of Chemistry and Physics, CRC Press.

   (iv)  Lange's Handbook of Chemistry, McGraw-Hill Book Company.

   (v)  Additional sources approved by the SCAQMD or other California air districts.

   (g)  The active and passive solvent losses from the use of an enclosed spray gun cleaning system or equivalent cleaning system, as listed in § 130.702(e)(1) (relating to emission standards), shall be determined using the SCAQMD method, General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems, dated October 3, 1989, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

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

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

   (h)  For adhesive, sealant or primer products that do not contain reactive diluents, grams of VOC per liter of product thinned to the manufacturer's recommendation, less water and exempt compounds, shall be calculated according to the following equation:

   Grams of VOC per liter of product, as applied =
Ws - Ww - We
Vm - Vw - Ve

Where:

   Ws = weight of volatile compounds, in grams.

   Ww = weight of water, in grams.

   We = weight of exempt compounds, in grams.

   Vm = volume of material, in liters.

   Vw = volume of water, in liters.

   Ve = volume of exempt compounds, in liters.

   (i)  For adhesive, sealant or primer products that contain reactive diluents, the VOC content of the product is determined after curing. The grams of VOC per liter of product thinned to the manufacturer's recommendation, less water and exempt compounds, shall be calculated according to the following equation:

   Grams of VOC per liter of product, as applied =
Wrs - Wrw - Wre
Vrm - Vrw - Vre

Where:

   Wrs = weight of volatile compounds not consumed during curing, in grams.

   Wrw = weight of water not consumed during curing, in grams.

   Wre = weight of exempt compounds not consumed during curing, in grams.

   Vrm = volume of material not consumed during curing, in liters.

   Vrw = volume of water not consumed during curing, in liters.

   Vre = volume of exempt compounds not consumed during curing, in liters.

   (j)  For low-solids adhesive, sealant or primer products, grams of VOC per liter of product thinned to the manufacturer's recommendation, including water and exempt compounds, shall be calculated according to the following equation:

   Grams of VOC per liter of product, as applied =
Ws - Ww - We
Vm

Where:

   Ws = weight of volatile compounds, in grams.

   Ww = weight of water, in grams.

   We = weight of exempt compounds, in grams.

   Vm = volume of material, in liters.

   (k)  Percent VOC by weight shall be calculated according to the following equation:

% VOC by weight = [(Wv / W)] x 100

Where:

   Wv = weight of VOCs in grams.

   W = weight of material in grams.

   (l)  To convert from grams per liter (g/l) to pounds per gallon (lb/gal), multiply the result (VOC content) by 8.345 × 10-3 (lb/gal/g/l).

§ 130.706. Container labeling.

   On and after April 15, 2010, each manufacturer of an adhesive, sealant, adhesive primer or sealant primer product subject to this subchapter shall display the following information on the product container or label:

   (1)  A statement of the manufacturer's recommendation regarding thinning, reducing or mixing of the product, except that:

   (i)  This requirement does not apply to the thinning of a product with water.

   (ii)  If thinning of the product prior to use is not necessary, the recommendation must specify that the product is to be applied without thinning.

   (2)  The maximum or the actual VOC content of the product as supplied, displayed as one of the following:

   (i)  Weight of VOC per volume of product, less water and exempt compounds, calculated in accordance with § 130.705(h) and (i) (relating to compliance procedures and test methods).

   (ii)  Weight of VOC per volume of product, calculated in accordance with § 130.705(j).

   (3)  The maximum or the actual VOC content of the product as applied, which includes the manufacturer's maximum recommendation for thinning, displayed as one of the following:

   (i)  Weight of VOC per volume of product, less water and exempt compounds, calculated in accordance with § 130.705(h) and (i).

   (ii)  Weight of VOC per volume of product, calculated in accordance with § 130.705(j).

[Pa.B. Doc. No. 09-619. Filed for public inspection April 3, 2009, 9:00 a.m.]



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