PROPOSED RULEMAKING
ENVIRONMENTAL
QUALITY BOARD
[25 PA. CODE CH. 130]
Architectural and Industrial Maintenance Coatings
[31 Pa.B. 6807] The Environmental Quality Board (Board) proposes to establish Chapter 130, Subchapter C (relating to architectural and industrial maintenance coatings) to read as set forth in Annex A.
The amendments propose to add definitions in § 130.302 for terms that are used in the substantive sections of Chapter 130 (relating to standards for products). Section 130.301 (relating to applicability) will apply to any person who supplies, sells, offers for sale, or manufactures architectural and industrial maintenance coatings for use in this Commonwealth. Section 130.303 (relating to standards) establishes volatile organic compound (VOC) content limits for those coatings. Section 130.304 (relating to container labeling requirements) establishes requirements related to labeling of coatings subject to this rule. Section 130.305 (relating to reporting requirements) establishes reporting requirements for products subject to this proposed rulemaking. Section 130.306 (relating to compliance provisions and test methods) provides for established test methods for coatings to determine compliance with this proposed rulemaking.
This notice is given under Board order at its meeting of October 16, 2001.
A. Effective Date
This proposed rulemaking will be effective immediately upon publication in the Pennsylvania Bulletin as final-form rulemaking.
B. Contact Persons
For further information, contact Terry Black, Chief, Regulation and Policy Development Section, Division of Air Resource Management, Bureau of Air Quality, Rachel Carson State Office Building, 12th Floor, P. O. Box 8468, Harrisburg, PA 17105-8468, (717) 787-1663, or Bo Reiley, Assistant Counsel, Bureau of Regulatory Counsel, Office of Chief Counsel, Rachel Carson State Office Building, 9th Floor, P. O. Box 8464, Harrisburg, PA 17105-8464, (717) 787-7060.
C. Statutory Authority
This proposed rulemaking is being made under the authority of section 5 of the Air Pollution Control Act (35 P. S. § 4005), which grants the Board the authority to adopt regulations for the prevention, control, reduction and abatement of air pollution.
D. Background and Purpose
When ground-level ozone is present in concentrations in excess of the Federal health-based standard, public health is adversely affected. The Environmental Protection Agency (EPA) has concluded that there is an association between ambient ozone concentrations and increased hospital admissions for respiratory ailments, such as asthma. Further, although children, the elderly and those with respiratory problems are most at risk, even healthy individuals may experience increased respiratory ailments and other symptoms when they are exposed to ambient ozone while engaged in activity that involves physical exertion. Though the symptoms are often temporary, repeated exposure could result in permanent lung damage. The implementation of additional measures to address ozone air quality nonattainment in this Commonwealth is necessary to protect the public health.
The purpose of this proposed rulemaking is to reduce the VOCs emitted from architectural and industrial maintenance (AIM) coatings. This proposed rulemaking is part of the Commonwealth's strategy to achieve and maintain the ozone standard throughout this Commonwealth. A Federal AIM coatings rule was promulgated in 1998. However, the Federal rule did not provide the expected cost-effective and creditable VOC emission reductions originally anticipated by this Commonwealth and many other states. To capture additional emission reductions, the Commonwealth is proposing to adopt this rulemaking, which is based on the Ozone Transport Commission (OTC) model rule, to reduce the allowable VOC content of AIM coatings. The Commonwealth has used the California Air Resources Board (CARB) regulations, the OTC model rule, and background material as a starting point and reviewed those documents, including specific emission reductions, for applicability in this Commonwealth. As a result, the Commonwealth's proposed rulemaking includes most, if not all, of the product categories covered in California, with limits effective at a later date than California. To maximize consistency, emission limits for specific product categories in many cases are identical to those used in California.
This proposed rulemaking sets specific VOC content limits, in grams per liter, for 46 AIM coating categories and requires more stringent VOC content limits than the Federal rule. Some of the limits are currently in effect in California and are known to be technologically feasible. Other limits in California have future effective dates. The proposed compliance date for the Commonwealth limits is January 1, 2005. Manufacturers would ensure compliance with the limits by reformulating coatings and substituting coatings with compliant coatings that are already on the market.
Manufacturers producing AIM coatings would be responsible for developing and distributing compliant coatings for sale at the retail and wholesale levels. In addition, any person who sells, supplies or offers for sale AIM coatings would also be held accountable. Consumers would not be affected by this proposed rulemaking in that, they should not notice any changes in the AIM coatings performance or quality. However, consumers may experience a cost increase for certain paint products. Cost data developed by E.H. Pechan & Associates indicate the cost per ton of VOC reductions under the proposed AIM regulation to be approximately $6,400 per ton of reductions. Based on this estimate of cost and estimated average emission reductions of approximately 1.7 pounds of VOC per person, the average consumer could experience cost increases of approximately $5.50 per year for AIM coatings. However, an analysis conducted by Aberdeen Proving Grounds indicates that low VOC coatings are available that will result in average savings of approximately $1.76 per gallon compared with higher VOC coatings.
The proposed rulemaking contains VOC content requirements for a wide variety of AIM coatings, including graphic arts coatings, lacquers, primers and stains, to name a few. It also contains administrative requirements for labeling and reporting. There is a reporting requirement, such that manufacturers may be required to submit information to the Commonwealth upon request. There are a number of test methods that would be used to demonstrate compliance with this proposed rulemaking. Some of these test methods include those promulgated by the EPA and South Coast Air Quality Management District of California. Enforcement of the coatings' VOC content limits and other requirements would be done by the Commonwealth. Because the Commonwealth in conjunction with other northeastern states has met over the past 18 months with representatives of National trade associations and related industries, it is important that these regulations be implemented consistently and uniformly. Any deviation from the regulations by altering the limits set forth in the proposed rulemaking may hinder the ability of manufacturers to comply with the regulations.
The Department worked with the Air Quality Technical Advisory Committee (AQTAC) in the development of this proposed rulemaking. At its July 26, 2001, meeting, the AQTAC recommended adoption of the proposed rulemaking. The AQTAC also recommends that the Department continue aggressive efforts with other states to support National standards for these coatings. In addition, the AQTAC is specifically seeking comments on whether the coating limits are achievable, whether the anticipated emission reductions are achievable, the increased costs to citizens of this Commonwealth, and whether averaging can be a compliance option.
The proposal was also reviewed by the Small Business Assistance Program Compliance Advisory Committee on July 25, 2001.
E. Summary of Regulatory Requirements
This proposed adoption of Chapter 130, Subchapter C, includes the following definitions of terms that will be used in the substantive provisions of the regulations. The new definitions include: ''antifouling coating,'' ''architectural coating,'' ''bitumens,'' ''bituminous roof coating,'' ''bituminous roof primer,'' ''bond breaker,'' ''coating,'' ''concrete curing compound,'' ''dry fog coating,'' ''exempt compound,'' ''fire-retardant coating,'' ''flat coating,'' ''high-temperature coating,'' ''industrial maintenance coating,'' ''low-solids coating,'' ''magnesite cement coating,'' ''mastic texture coating,'' ''metallic pigmented coating,'' ''nonflat coating,'' ''nonflat high-gloss coating,'' ''pretreatment wash primer,'' ''quick-dry enamel,'' ''quick-dry primer, sealer, and undercoater,'' ''recycled coating,'' ''roof coating,'' ''rust-preventive coating,'' ''specialty primer, sealer and undercoater,'' ''temperature-indicator safety coating,'' ''VOC--volatile organic compound,'' ''VOC content'' and ''wood preservative.''
Proposed § 130.301 requires that persons who supply, sell, offer for sale or manufacture an architectural or industrial maintenance coating for use within this Commonwealth sell compliant coatings as required under this subchapter. Proposed § 130.303 sets forth the quantity of VOC per liter that cannot be exceeded for coatings that are sold, supplied, offered for sale or manufactured for sale in this Commonwealth. VOC content limits are established for nonspecialty coating categories and specialty coatings. The number of coating categories that are regulated under this rule is approximately 46. Proposed § 130.304 requires that each manufacturer of coatings subject to this rule shall supply specific information on the coating container in which the coating is sold or distributed. Some of the information that must be displayed includes date-code, VOC content and thinning recommendations, to name a few. Proposed § 130.305 requires that manufacturers shall submit annual reports to the Department, upon request by the Department, that specify the number of gallons sold in the State and the methods used by the manufacturer to calculate State sales. Proposed § 130.306 sets forth the method for calculating the VOC content of the coatings and the test methods, which are incorporated by reference, that are subject to the provisions of this proposed rulemaking.
This proposed rulemaking, if approved, will be submitted to the EPA as an amendment to the State Implementation Plan (SIP).
F. Benefits and Costs
Executive Order 1996-1 requires a cost/benefit analysis of the proposed rulemaking.
Benefits
Overall, the citizens of this Commonwealth will benefit from these recommended changes because they will result in improved air quality by reducing ozone precursor emissions and encourage new technologies and practices, which will reduce emissions. The proposed rulemaking will also result in reduced levels of hazardous air pollutants (HAPs) throughout this Commonwealth. In addition, the proposed rulemaking will reduce citizen exposure to a variety of VOCs, including HAPs that are used in a variety of AIM coatings.
Compliance Costs
Under this proposed rulemaking it is estimated that the reduction of VOC content of the affected AIM coatings will cost approximately $6,400 per ton of VOC emissions reduced. Based on this cost data and an average per capita AIM coating VOC emissions estimate, it is estimated that the average per capita coating cost increase under this proposed rulemaking will be approximately $5.50 per year.
Compliance Assistance Plan
The Department plans to educate and assist the public and regulated community with understanding the new requirements and how to comply with them. This will be accomplished through the Department's compliance assistance program.
Paperwork Requirements
The regulatory revisions will not increase the paperwork that is already generated by the normal course of business practices.
G. Sunset Review
The proposed rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the regulations effectively fulfill the goals for which they were intended.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on November 29, 2001, the Department submitted a copy of the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate and House Environmental Resources and Energy Committees. In addition to submitting the proposed rulemaking, the Department has provided IRRC and the Committees with a copy of a detailed regulatory analysis form prepared by the Department. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, if IRRC has objections to any portion of the proposed amendments, it will notify the Department within 10 days following the close of the Committees' review period. The notification shall specify the regulatory review criteria which have not been met by that portion of the proposed rulemaking to which an objection is made. The Regulatory Review Act specifies detailed procedures for the Department, the Governor and the General Assembly to review these objections prior to final-from publication of the regulations.
I. Public Comments.
Written Comments--Interested persons are invited to submit comments, suggestions or objections regarding this proposed rulemaking to the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 15th Floor, 400 Market Street, Harrisburg, PA 17101-2301). Comments submitted by facsimile will not be accepted. Comments, suggestions or objections must be received by the Board by February 22, 2002. Interested persons may also submit a summary of their comments to the Board. The summary may not exceed one page in length and must also be received by February 22, 2002. The one-page summary will be provided to each member of the Board in the agenda packet distributed prior to the meeting at which the final regulation will be considered.
Electronic Comments--Comments may be submitted electronically to the Board at RegComments@state.pa.us. A subject heading of the proposal and return name and address must be included in each transmission. Comments submitted electronically must also be received by the Board by February 22, 2002.
J. Public Hearings.
The Board will hold three public hearings for the purpose of accepting comments on this proposal. The hearings will be held at 1 p.m. as follows:
January 15, 2002, Department of Environmental Protection, Southwest Regional Office, Waterfront A & B Conference Room, 400 Waterfront Drive, Pittsburgh, PA.
January 18, 2002, Department of Environmental Protection, Southcentral Regional Office, Susquehanna River Conference Room, 909 Elmerton Avenue, Harrisburg, PA.
January 23, 2002, Department of Environmental Protection, Southeast Regional Office, Main Conference Room, Lee Park, 555 North Lane, Conshohocken, PA.
Persons wishing to present testimony at a hearing are requested to contact Debra Failor at the Environmental Quality Board, P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-4526, at least 1 week in advance of the hearing to reserve a time to present testimony. Oral testimony is limited to 10 minutes for each witness. Witnesses are requested to submit three written copies of their oral testimony to the hearing chairperson at the hearing. Organizations are limited to designating one witness to present testimony on their behalf at each hearing.
Persons with a disability who wish to attend a hearing and require an auxiliary aide, service or other accommodation in order to participate should contact Debra Failor at (717) 787-4526, or through the Pennsylvania AT&T Relay Service at (800) 654-5984 (TDD) to discuss how the Department may accommodate their needs.
DAVID E. HESS,
ChairpersonFiscal Note: 7-371. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 25. ENVIRONMENTAL PROTECTION
PART I. DEPARTMENT OF ENVIRONMENTAL PROTECTION
Subpart C. PROTECTION OF NATURAL RESOURCES
ARTICLE III. AIR RESOURCES
CHAPTER 130. STANDARDS FOR PRODUCTS
Subchapter C. ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATINGS Sec.
130.301. Applicability. 130.302. Definitions. 130.303. Standards. 130.304. Container labeling requirements. 130.305. Reporting requirements. 130.306. Compliance provisions and test methods. § 130.301. Applicability.
This subchapter applies to a person who supplies, sells, offers for sale or manufactures an architectural or industrial maintenance coating for use within this Commonwealth, as well as a person who applies or solicits the application of an architectural or industrial maintenance coating within this Commonwealth except for:
(1) An architectural or industrial maintenance coating that is sold or manufactured for use outside of this Commonwealth or for shipment to other manufacturers for reformulation or repackaging.
(2) An aerosol coating product.
(3) An architectural or industrial maintenance coating that is sold in a container with a volume of 1 liter (1.057 quart) or less.
§ 130.302. Definitions.
The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:
Antifouling coating--A coating labeled and formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms. To qualify as an antifouling coating, the coating shall be registered with the EPA under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C.A. §§ 136--136y).
Architectural coating--A coating to be applied to stationary structures or their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements or to curbs. Coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, railcars and automobiles, and adhesives are not considered architectural coatings for the purposes of this rule.
Bitumens--Black or brown materials including, but not limited to, asphalt, tar, pitch and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.
Bituminous roof coating--A coating that incorporates bitumens that is labeled and formulated exclusively for roofing.
Bituminous roof primer--A primer that incorporates bitumens that is labeled and formulated exclusively for roofing.
Bond breaker--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.
Coating--An architectural or industrial maintenance coating or a material applied onto or impregnated into a substrate for protective, decorative or functional purposes. The materials include, but are not limited to, paints, varnishes, sealers and stains.
Concrete curing compound--A coating labeled and formulated for application to freshly poured concrete to retard the evaporation of water.
Dry fog coating--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--A compound identified as exempt under the definition of VOC that is applicable to this section. Exempt compounds content of a coating shall be determined by EPA Reference Method 24 or South Coast Air Quality Management District (SCAQMD) Method 303-91 (revised February 1993), incorporated by reference in § 130.306(e)(10) (relating to compliance provisions and test methods).
Fire-retardant coating--A coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by building code officials for use in bringing building and construction materials into compliance with Federal, State and local building code requirements.
(i) The fire-retardant coating and the testing agency shall be approved by building code officials.
(ii) The fire-retardant coating shall be tested in accordance with ASTM E 84-99, incorporated by reference in § 130.306(e)(7).
Flat coating--A coating that is not defined under any other definition in this subchapter and that registers gloss less than 15 on an 85-degree meter or less than 5 on a 60° meter according to ASTM D 523-89 (1999), incorporated by reference in § 130.306(e)(3).
High-temperature coating--A high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).
Industrial maintenance coating--A high performance architectural coating, including primers, sealers, undercoaters, intermediate coats and topcoats, formulated for application to substrates exposed to one or more of the following extreme environmental conditions and labeled as specified in § 130.304(a)(4) (relating to container labeling requirements):
(i) Immersion in water, wastewater or chemical solutions (aqueous and nonaqueous solutions), or chronic exposure of interior surfaces to moisture condensation.
(ii) Acute or chronic exposure to corrosive, caustic or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions.
(iii) Repeated exposure to temperatures above 121°C (250°F).
(iv) Repeated (frequent) heavy abrasion, including mechanical wear and repeated scrubbing with industrial solvents, cleansers or scouring agents.
(v) Exterior exposure of metal structures and structural components.
Low-solids coating--A coating containing 0.12 kilogram or less of solids per liter (1 pound or less of solids per gallon) of coating material.
Magnesite cement coating--A coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.
Mastic texture coating--A coating labeled and formulated to cover holes and minor cracks and to conceal surface irregularities, and applied in a single coat of at least 10 mils (0.010 inch) dry film thickness.
Metallic pigmented coating--A coating containing at least 48 grams of elemental metallic pigment per liter of coating as applied (0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95, incorporated by reference in § 130.306(e)(4).
Nonflat coating--A coating that is not defined under any other definition in this subchapter and that registers a gloss of 15 or greater on an 85-degree meter and 5 or greater on a 60-degree meter according to ASTM D 523-89 (1999), incorporated by reference in § 130.306(e)(3).
Nonflat high gloss coating--A nonflat coating that registers a gloss of 70 or above on a 60-degree meter according to ASTM D 523-89 (1999), incorporated by reference in § 130.306(e)(3).
Pretreatment wash primer--A primer that contains a minimum of 0.5% acid, by weight, when tested in accordance with ASTM D 1613-96, incorporated by reference in § 130.306(e)(5), that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.
Quick-dry enamel--A nonflat coating that is labeled as specified in § 130.304(a)(8) and that is formulated to have the following characteristics:
(i) Is capable of being applied directly from the container under normal conditions with ambient temperatures between 16 and 27°C (60° and 80°F).
(ii) When tested in accordance with ASTM D 1640-95, incorporated by reference in § 130.306(e)(6), sets to touch in 2 hours or less, is tack-free in 4 hours or less, and dries hard in 8 hours or less by the mechanical test method.
(iii) Has a dried film gloss of 70 or above on a 60-degree meter according to ASTM D523-89.
Quick-dry primer, sealer and undercoater--A primer, sealer or undercoater that is dry to the touch in 30 minutes and can be recoated in 2 hours when tested in accordance with ASTM D 1640-95, incorporated by reference in § 130.306(e)(6).
Recycled coating--An architectural coating formulated so that at least 50% of the total weight consists of secondary and postconsumer coating, with at least 10% of the total weight consisting of postconsumer coating.
Roof coating--A nonbituminous coating labeled and formulated exclusively for application to roofs for the primary purpose of preventing penetration of the substrate by water or reflecting heat and ultraviolet radiation. Metallic pigmented roof coatings, which qualify as metallic pigmented coatings, will not be considered in this category, but will be considered to be in the metallic pigmented coatings category.
Rust-preventive coating--A coating formulated exclusively for nonindustrial use to prevent the corrosion of metal surfaces and labeled as specified in § 130.304(a)(6).
Specialty primer, sealer and undercoater-- A coating labeled as specified in § 130.304(a)(7) and that is formulated for application to a substrate to seal fire, smoke or water damage; to condition excessively chalky surfaces; or to block stains. An excessively chalky surface is one that is defined as having a chalk rating of four or less as determined by ASTM D 4214-98, incorporated by reference in § 130.306(e)(7).
Temperature-indicator safety coating--A coating labeled and formulated as a color-changing indicator coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).
VOC--Volatile organic compound--For the purposes of this subchapter, the term means any volatile compound containing at least one atom of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates and ammonium carbonate, and:
(i) Excluding the following:
(A) Methane.
(B) Methylene chloride (dichloromethane).
(C) 1,1,1-trichloroethane (methyl chloroform).
(D) trichlorofluoromethane (CFC-11).
(E) Dichlorodifluoromethane (CFC-12).
(F) 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113).
(G) 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114).
(H) Chloropentafluoroethane (CFC-115).
(I) Chlorodifluoromethane (HCFC-22).
(J) 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123).
(K) 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124).
(L) 1,1-dichloro-l-fluoroethane (HCFC-141b).
(M) 1-chloro-l,l-difluoroethane (HCFC-142b).
(N) Trifluoromethane (HFC-23).
(O) Pentafluoroethane (HFC-125).
(P) 1,1,2,2-tetrafluoroethane (HFC-134).
(Q) 1,1,1,2-tetrafluoroethane (HFC-134a).
(R) 1,1,1-trifluoroethane (HFC-143a).
(S) 1,1-difluoroethane (HFC-152a).
(T) Cyclic, branched or linear, completely methylated siloxanes.
(ii) Excluding the following classes of perfluorocarbons:
(A) Cyclic, branched or linear, completely fluorinated alkanes.
(B) Cyclic, branched or linear, completely fluorinated ethers with no unsaturations.
(C) Cyclic, branched or linear, completely fluorinated tertiary amines with no unsaturations.
(D) Sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds only to carbon and fluorine.
(iii) Excluding the following low-reactive organic compounds which have been exempted by the U.S. EPA:
(A) Acetone.
(B) Ethane.
(C) Parachlorobenzotrifluoride (1-chloro-4-tritrifluoro- methyl benzene).
(D) Perchloroethylene.
(E) Methyl acetate.
VOC content--The weight of VOC per volume of coating, calculated according to the procedures specified in § 130.306(a).
Wood preservative--A coating labeled and formulated to protect exposed wood from decay or insect attack, that is registered with the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act.
§ 130.303. Standards.
(a) VOC content limits. Except as provided in subsections (b), (c) and (h), a person after January 1, 2005, may not:
(1) Manufacture, blend or repackage for sale within this Commonwealth a coating subject to this subchapter.
(2) Supply, sell or offer for sale within this Commonwealth a coating subject to this subchapter.
(3) Solicit for application or apply within this Commonwealth, an architectural or industrial maintenance coating with a VOC content in excess of the corresponding limit specified in Table 1.
(b) Most restrictive VOC limit. If on the container of an architectural or industrial maintenance coating, or a label or sticker affixed to the container, or in sales, advertising or technical literature supplied by a manufacturer or a person acting on their behalf, a 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 Table 1, then the most restrictive VOC content limit applies. This provision does not apply to the following coating categories:
(1) Lacquer coatings (including lacquer sanding sealers).
(2) Metallic pigmented coatings.
(3) Shellacs.
(4) Fire-retardant coatings.
(5) Pretreatment wash primers.
(6) Industrial maintenance coatings.
(7) Low-solids coatings.
(8) Wood preservatives.
(9) High-temperature coatings.
(10) Temperature-indicator safety coatings.
(11) Antenna coatings.
(12) Antifouling coatings.
(13) Flow coatings.
(14) Bituminous roof primers.
(15) Specialty primers, sealers and undercoaters.
(c) Sell-through of architectural or industrial maintenance coatings. An architectural or industrial maintenance coating manufactured prior to _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) may be sold, supplied or offered for sale until _____ (Editor's Note: The blank refers to a date 3 years after the effective date of adoption of this proposal.). In addition, an architectural or industrial maintenance coating manufactured before _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) may be applied, both before and after _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.) so long as the architectural or industrial maintenance coating complied with the standards in effect at the time the coating was manufactured. This subsection does not apply to an architectural or industrial maintenance coating that does not display the date or date code required by § 130.304(a) (relating to container labeling requirements).
(d) Painting practices. Architectural or industrial maintenance coating containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging or other means, shall be closed when not in use. These 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.
(e) Thinning. A person who applies or solicits the application of an architectural or industrial maintenance coating may not apply a coating that is thinned to exceed the applicable VOC limit specified in Table 1.
(f) Rust-preventive coatings. A person may not apply or solicit the application of a rust-preventive coating for industrial use, unless the rust-preventive coating complies with the industrial maintenance coating VOC limit specified in Table 1.
(g) Coatings not listed in Table 1. For an architectural or industrial maintenance coating that does not meet the definitions for the specialty coatings categories listed in Table 1, the VOC content limit shall be determined by classifying the coating as a flat coating or a nonflat coating, based on its gloss as defined in § 130.302 (relating to definitions), and the corresponding flat or nonflat coating limit applies.
(h) Lacquers. Notwithstanding the provisions of subsection (a), a person or facility may add up to 10% by volume of VOC to a lacquer to avoid blushing of the finish during days with relative humidity greater than 70% and temperature below 65°F, at the time of application, provided that the coating contains acetone and no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition of VOC.
Table 1
VOC Content Limits for Architectural and Industrial Maintenance Coatings The VOC content limits are effective on January 1, 2005, and are expressed in grams of VOC per liter1 of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds, or colorant added to tint bases. ''Manufacturers' maximum recommendation'' means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.
Coating Category VOC Content Limit Nonspecialty Coatings
Flat Coatings 100 Nonflat Coatings 150 Non-flat-High-Gloss Coatings 250 Specialty Coatings Antenna Coatings 530 Antifouling Coatings 400 Bituminous Roof Coatings 300 Bituminous Roof Primers 350 Bond Breakers 350 Clear Wood Coatings * Clear Brushing Lacquers 680 * Lacquers (including lacquer sanding sealers) 550 * Sanding Sealers (other than lacquer sanding sealers) 350 * Varnishes 350 Concrete Curing Compounds 350 Dry Fog Coatings 400 Faux Finishing Coatings 350 Fire-Resistive Coatings 350 Fire-Retardant Coatings * Clear 650 * Opaque 350 Floor Coatings 250 Flow Coatings 420 Form-Release Compounds 250 Graphic Arts Coatings (Sign Paints) 500 High-Temperature Coatings 420 Industrial Maintenance Coatings 340 Low-Solids Coatings 120 Magnesite Cement Coatings 450 Mastic Texture Coatings 300 Metallic Pigmented Coatings 500 Multi-Color Coatings 250 Pretreatment Wash Primers 420 Primers, Sealers, and Undercoaters 200 Quick-Dry Enamels 250 Quick-Dry Primers, Sealers and Undercoaters 200 Recycled Coatings 250 Roof Coatings 250 Rust-Preventative Coatings 400 Shellacs * Clear 730 * Opaque 550 Specialty Primers, Sealers, and Undercoaters 350 Stains 250 Swimming Pool Coatings 340 Swimming Pool Repair and Maintenance Coatings 340 Temperature-Indicator Safety Coatings 550 Traffic Marking Coatings 150 Waterproofing Sealers 250 Waterproofing Concrete/Masonry Sealers 400 Wood Preservatives 350 § 130.304. Container labeling requirements.
(a) Effective January 1, 2005, each manufacturer of architectural or industrial maintenance coatings subject to this subchapter shall display the information listed in paragraphs (1)--(8) on the coating container (or label) in which the coating is sold or distributed.
(1) Date code. The date the architectural or industrial maintenance coating was manufactured, or a date code representing the date, 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 upon _____ (Editor's Note: The blank refers to the effective date of adoption of this proposal.).
(2) Thinning recommendations. A statement of the manufacturer's recommendation regarding thinning of the architectural or industrial maintenance coating shall be indicated on the label or lid of the container. This requirement does not apply to the thinning of architectural or industrial maintenance coatings with water. If thinning of the coating prior to use is not necessary, the recommendation shall specify that the coating is to be applied without thinning.
(3) VOC content. Each container of a coating subject to this subchapter shall display either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer. VOC content shall be displayed in grams of VOC per liter of coating. VOC content displayed shall be calculated using product formulation data, or shall be determined using the test methods in § 130.306 (relating to compliance provisions and test methods). The equations in § 130.306(a)(1) and (2) shall be used to calculate VOC content.
(4) Industrial maintenance coatings. In addition to the information specified in paragraphs (1)--(3), each manufacturer of an industrial maintenance coating subject to this subchapter shall display on the label or the lid of the container in which the coating is sold or distributed one or more of the following descriptions:
(i) ''For industrial use only.''
(ii) ''For professional use only.''
(iii) ''Not for residential use.''
(iv) ''Not intended for residential use.''
(5) Clear brushing lacquers. The labels of clear brushing lacquers shall prominently display the statements ''For brush application only,'' and ''This product must not be thinned or sprayed.''
(6) Rust-preventive coatings. The labels of rust-preventive coatings shall prominently display the statement ''For Metal Substrates Only.''
(7) Specialty primers, sealers and undercoaters. The labels of specialty primers, sealers and undercoaters shall prominently display one or more of the following descriptions:
(i) ''For blocking stains.''
(ii) ''For fire-damaged substrates.''
(iii) ''For smoke-damaged substrates.''
(iv) ''For water-damaged substrates.''
(v) ''For excessively chalky substrates.''
(8) Quick-dry enamel. The labels of quick-dry enamels shall prominently display the words ''Quick Dry'' and the dry-hard time.
(9) Nonflat high gloss coatings. The labels of nonflat high gloss coatings shall prominently display the words ''High Gloss.''
§ 130.305. Reporting requirements.
Upon request by the Department, each manufacturer of an architectural or industrial maintenance coating subject to this subchapter shall, on or before April 1 of each calendar year beginning in the year 2006, submit an annual report to the Department. The report shall specify the number of gallons of coating sold in the State during the preceding calendar year and shall describe the method used by the manufacturer to calculate State sales.
§ 130.306. Compliance provisions and test methods.
(a) Calculation of VOC content. For the purpose of determining compliance with the VOC content limits in § 130.303 Table 1 (relating to VOC content limits for architectural and industrial maintenance coatings), the VOC content of a coating shall be determined by using the procedures described in this subsection or subsection (b), as appropriate. The VOC content of a tint base shall be determined without colorant that is added after the tint base is manufactured.
(1) With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of water and exempt compounds. Determine the VOC content using Equation 1 as follows:
Equation 1: VOC Content = (Ws - Ww - Wec)
__________
(Vm - Vw - Vec)Where:
VOC content = grams of VOC per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
Vw = volume of water, in liters
Vec = volume of exempt compounds, in liters(2) For low solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, including the volume of any water and exempt compounds. Determine the VOC content using Equation 2 as follows:
Equation 2: VOC Content (ls) = (Ws - Ww - Wec)
__________
(Vm)Where:
VOC Content (ls) = the VOC content of a low solids coating in grams per liter of coating
Ws = weight of volatile, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters(b) VOC content of coatings. To determine the physical properties of a coating in order to perform the calculations in subsections (a) and (b), the reference method for VOC content is EPA Reference Method 24, incorporated by reference in this section, except as provided in subsections (c) and (d). An alternative method to determine the VOC content of coatings is SCAQMD Method 304-91 (revised February 1996), incorporated by reference in this section. The exempt compounds content shall be determined by SCAQMD Method 303-91 (revised August 1996), incorporated by reference in subsection (d)(10). To determine the VOC content of a coating, the manufacturer may use EPA Reference Method 24, or an alternative method, as provided in subsection (c), formulation data, or another reasonable means for predicting that the coating has been formulated as intended--for example, quality assurance checks and recordkeeping. If there are inconsistencies between the results of a Reference Method 24 test and another means for determining VOC content, the Reference Method 24 results will govern, except when an alternative method is approved as specified in § 130.306(c). The Department may require the manufacturer to conduct a Reference Method 24 analysis.
(c) Alternative test methods. Other test methods demonstrated to provide results that are acceptable for purposes of determining compliance with subsection (b) may be used if approved in writing by the Department and the EPA.
(d) Methacrylate traffic coating markings. Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be conducted according to a modification of EPA Reference Method 24 (found at 40 CFR 59, Subpart D, Appendix A), incorporated by reference in subsection (e)(13)). This method has not been approved for methacrylate multicomponent coatings used for other purposes than as traffic marking coatings or for other classes of multicomponent coatings.
(e) Test methods. The following test methods are incorporated herein by reference and shall be used to test coatings subject to the provisions of this rule:
(1) Flame spread index. The flame spread index of a fire-retardant coating shall be determined by ASTM E 84-99, ''Standard Test Method for Surface Burning Characteristics of Building Materials.''
(2) Fire-resistance rating. The fire-resistance rating of a fire-resistive coating shall be determined by ASTM E 119-98, ''Standard Test Methods for Fire Tests of Building Construction Materials.''
(3) Gloss determination. The gloss of a coating shall be determined by ASTM D 523-89 (1999), ''Standard Test Method for Specular Gloss.''
(4) Metal content of coatings. The metallic content of a coating shall be determined by SCAQMD Method 318-95, ''Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction,'' SCAQMD ''Laboratory Methods of Analysis for Enforcement Samples.''
(5) Acid content of coatings. The acid content of a coating shall be determined by ASTM D 1613-96, ''Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products.''
(6) Drying times. The set-to-touch, dry-hard, dry-to-touch and dry-to-recoat times of a coating shall be determined by ASTM D 1640-95, ''Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature,'' (see section § 130.302, QuickDry Enamel and Quick-Dry Primer, Sealer, and Undercoater). The tack-free time of a quick-dry enamel coating shall be determined by the mechanical test method of ASTM D 1640-95.
(7) Surface chalkiness. The chalkiness of a surface shall be determined using ASTM D 4214-98, ''Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films.''
(8) Exempt compounds--siloxanes. Exempt compounds that are cyclic, branched or linear, completely methylated siloxanes, shall be analyzed as exempt compounds for compliance with this section by BAAQMD Method 43, ''Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials,'' Bay Area Air Quality Management District (BAAQMD) Manual of Procedures, Volume III, adopted November 6, 1996.
(9) Exempt compounds--parachlorobenzotrifluoride (PCBTF). The exempt compound parachlorobenzo- trifluoride shall be analyzed as an exempt compound for compliance with this section by BAAQMD Method 41, ''Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride,'' found in BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995.
(10) Exempt compounds. The content of compounds exempt under EPA Method 24 shall be analyzed by SCAQMD Method 303-91 (Revised 1993), ''Determination of Exempt Compounds,'' found in SCAQMD ''Laboratory Methods of Analysis for Enforcement Samples.''
(11) VOC content of coatings. The VOC content of a coating shall be determined by EPA Method 24 found in ''Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings.''
(12) Alternative VOC content of coatings. The VOC content of coatings may be analyzed by either EPA Reference Method 24 or SCAQMD Method 304-91 (Revised 1996), ''Determination of Volatile Organic Compounds (VOC) in Various Materials, found in ''SCAQMD Laboratory Methods of Analysis for Enforcement Samples.''
(13) 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,'' (September 11, 1998).
[Pa.B. Doc. No. 01-2226. Filed for public inspection December 14, 2001, 9:00 a.m.] _______
1 Conversion factor: 1 pound VOC per gallon (U.S.) = 119.95 grams per liter.
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