[33 Pa.B. 5297]
[Continued from previous Web Page] G. Benefits, Costs and Compliance
Benefits--Overall, the citizens of this Commonwealth will benefit from this final-form rulemaking because the changes will result in improved air quality by reducing ozone precursor emissions from AIM coatings and encourage new technologies and practices, which will reduce emissions. The final-form rulemaking will also result in reduced levels of HAPs throughout this Commonwealth. In addition, the final-form 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 final-form rulemaking, E. H. Pechan, a contractor to the OTC estimated that the reduction of VOC content of the affected AIM coatings will cost approximately $6,400 per ton of VOC emissions reduced. An analysis conducted by Aberdeen Proving Grounds, however, indicates that low VOC coatings are available that will result in average savings of approximately $1.76 per gallon compared with higher VOC coatings.
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 by direct contact and meetings with manufacturers as appropriate.
Paperwork Requirements--The final-form rulemaking will not increase the paperwork that is already generated by the normal course of business practices.
H. Sunset Review
This final-form rulemaking will be reviewed in accordance with the sunset review schedule published by the Department to determine whether the final-form rulemaking effectively fulfills the goals for which it was intended.
I. 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 notice of proposed rulemaking, published at 31 Pa.B. 6807 (December 15, 2001), to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House and Senate Environmental Resources and Energy Committees for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing this final-form rulemaking, the Department has considered all comments from IRRC, the Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2), on September 11, 2003, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on September 12, 2003, and approved the final-form rulemaking.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law, and all comments were considered.
(3) This rulemaking do not enlarge the purpose of the proposed rulemaking published at 31 Pa.B. 6807.
(4) This rulemaking is necessary and appropriate for administration and enforcement of the authorizing acts identified in Section C of this preamble.
(5) This rulemaking is necessary for the Commonwealth to achieve and maintain ambient air quality standards.
(6) This rulemaking is necessary for the Commonwealth to avoid sanctions under the Federal Clean Air Act.
K. Order
The Board, acting under the authorizing statutes, orders that:
(a) The regulations of the Department, 25 Pa. Code Chapter 130, are amended by adding §§ 130.301--130.311 to read as set forth in Annex A.
(b) The Chairperson of the Board shall submit this order and Annex A to the Office of General Counsel and the Office of Attorney General for review and approval as to legality and form, as required by law.
(c) The Chairperson of the Board shall submit this order and Annex A to IRRC and the Senate and House Environmental Resources and Energy Committees as required by the Regulatory Review Act.
(d) The Chairperson of the Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(e) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.
KATHLEEN A. MCGINTY,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 33 Pa.B. 4865 (September 27, 2003).)
Fiscal Note: Fiscal Note 7-371 remains valid for the final adoption of the subject regulations.
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. Application for variance. 130.307. Variance orders. 130.308. Termination of variance. 130.309. Extension, modification or revocation of variance. 130.310. Public hearings. 130.311. Compliance provisions and test methods. § 130.301. Applicability.
This subchapter applies to a person who supplies, sells, offers for sale, manufactures, blends or repackages 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:
Adhesive--A chemical substance that is applied for the purposes of bonding two surfaces together other than by mechanical means.
Aerosol coating product--A pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant and is packaged in a disposable can for hand-held application or for use in specialized equipment for ground traffic marking applications.
Antenna coating--A coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.
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).
Appurtenance--An accessory to a stationary structure coated at the site of installation, whether installed or detached. The term includes:
(i) Bathroom and kitchen fixtures.
(ii) Cabinets.
(iii) Concrete forms.
(iv) Doors.
(v) Elevators.
(vi) Fences.
(vii) Hand railings.
(viii) Heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools.
(ix) Lampposts.
(x) Partitions.
(xi) Pipes and piping systems.
(xii) Rain gutters and downspouts.
(xiii) Stairways.
(xiv) Fixed ladders.
(xv) Catwalks and fire escapes.
(xvi) Window screens.
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 subchapter.
Bitumens--Black or brown materials including 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.
Calcimine recoater--A flat solvent-borne coating formulated and recommended specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.
Clear brushing lacquers--
(i) Clear wood coatings formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid protective film, which are intended exclusively for application by brush and which are labeled as required in § 130.304(a)(5) (relating to container labeling requirements).
(ii) The term excludes clear lacquer sanding sealers.
Clear wood coatings--Clear and semitransparent coatings applied to wood substrates to provide a transparent or translucent film, including clear brushing lacquers, clear lacquer sanding sealers, sanding sealers other than clear lacquer sanding sealers and varnishes.
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 paints, varnishes, sealers and stains.
Colorant--A concentrated pigment dispersion in water, solvent or binder that is added to an architectural coating after packaging in sales units to produce the desired color.
Concrete curing compound--A coating labeled and formulated for application to freshly poured concrete to retard the evaporation of water.
Concrete surface retarder--A mixture of retarding ingredients such as extender pigments, primary pigments, resin and solvent that interact chemically with cement to prevent hardening on the surface where the retarder is applied, allowing the retarded mix of cement and sand at the surface to be washed away to create an exposed aggregate finish.
Conversion varnish--A clear acid-curing coating with an alkyd or other resin blended with amino resins and supplied as a single component or two-component product. Conversion varnishes produce a hard, durable, clear finish designed for professional application to wood flooring. Conversion varnish film formation is the result of an acid-catalyzed condensation reaction, effecting a transetherification at the reactive ethers of the amino resins.
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 in 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, incorporated by reference in § 130.311(e)(10) (relating to compliance provisions and test methods).
Faux finishing coating--A coating labeled and formulated as a stain or glaze to create artistic effects including dirt, old age, smoke damage and simulated marble and wood grain.
Fire-resistive coating--An opaque coating labeled and formulated to protect structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials, that has been fire tested and rated by a testing agency and approved by building code officials for use in bringing building and construction materials into compliance with Federal, State and local building code requirements. The fire-resistive testing agency must be approved by building code officials and test the coating in accordance with ASTM E 119-98, incorporated by reference in § 130.311(e)(2).
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 § 130.311(e)(1).
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° meter or less than 5 on a 60° meter according to ASTM D 523-89, incorporated by reference in § 130.311(e)(3).
Floor coating--An opaque coating that is labeled and formulated for application to flooring, including decks, porches, steps and other horizontal surfaces, which may be subjected to foot traffic.
Flow coating--A coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protective coating systems present on utility transformer units.
Form-release compound--A coating labeled and formulated for application to a concrete form to prevent freshly poured concrete from bonding to the form. The form may consist of wood, metal or material other than concrete.
Graphic arts coating or sign paint--A coating labeled and formulated for hand application by artists using brush or roller techniques to indoor and outdoor signs (excluding structural components) and murals, including letter enamels, poster colors, copy blockers and bulletin enamels.
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).
Impacted immersion coating--A high performance maintenance coating formulated and recommended for application to steel structures subject to immersion in turbulent, debris-laden water. These coatings are specifically resistant to high-energy impact damage caused by floating ice or debris.
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.
Lacquer--A clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film.
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 § 130.311(e)(4).
Multicolor coating--A coating that is packaged in a single container and that exhibits more than one color when applied in a single coat.
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° meter and 5 or greater on a 60° meter according to ASTM D 523-89, incorporated by reference in § 130.311(e)(3).
Nonflat high gloss coating--A nonflat coating that registers a gloss of 70 or above on a 60° meter according to ASTM D 523-89, incorporated by reference in § 130.311(e)(3).
Nonindustrial use--The use of architectural coatings except in the construction or maintenance of the following:
(i) Facilities used in the manufacturing of goods or commodities.
(ii) Transportation infrastructure, including highways, bridges, airports and railroads.
(iii) Facilities used in mining activities, including petroleum extraction.
(iv) Utilities infrastructure, including power generation and distribution, and water treatment and distribution systems.
Nuclear coating--A protective coating formulated and recommended to seal porous surfaces such as steel (or concrete) that otherwise would be subject to intrusions by radioactive materials. These coatings must be resistant to long-term (service life) cumulative radiation exposure as determined by ASTM Method D 4082-89, incorporated by reference in § 130.311(e)(14), relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed as determined by ASTM Method D 3912-80, incorporated by reference in § 130.311(e)(15).
Postconsumer coating--
(i) A finished coating that would have been disposed of in a landfill, having completed its usefulness to a consumer.
(ii) The term does not include manufacturing wastes.
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 § 130.311(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.
Primer--A coating labeled and formulated for application to a substrate to provide a firm bond between the substrate and subsequent coats.
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 § 130.311(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° meter according to ASTM D 523-89.
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 § 130.311(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.
Residence--An area in which people reside or lodge, including a single or multiple family dwelling, condominium, mobile home, apartment complex, motel or hotel.
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).
Sanding sealer--
(i) A clear wood coating labeled and formulated for application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent application of coatings.
(ii) The term does not include a sanding sealer that meets the definition of a lacquer.
Sealer--A coating labeled and formulated for application to a substrate to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate.
Secondary coating (rework)--
(i) A fragment of a finished coating or a finished coating from a manufacturing process that has converted resources into a commodity of real economic value.
(ii) The term does not include excess virgin resources of the manufacturing process.
Shellac--A clear or opaque coating formulated solely with the resinous secretions of the Lac Beetle (laciffer lacca), thinned with alcohol, and formulated to dry by evaporation without a chemical reaction.
Shop application--The application of a coating to a product or a component of a product in or on the premises of a factory or shop as part of a manufacturing, production or repairing process, such as original equipment manufacturing coatings.
Solicit--To require for use or to specify, by written or oral contract.
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 or efflorescence. 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 § 130.311(e)(7).
Stain--A clear, semitransparent or opaque coating labeled and formulated to change the color of a surface, but not to conceal the grain pattern or texture.
Swimming pool coating--A coating labeled and formulated to coat the interior of a swimming pool and to resist swimming pool chemicals.
Swimming pool repair and maintenance coating--A rubber-based coating labeled and formulated to be used over existing rubber-based coatings for the repair and maintenance of swimming pools.
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).
Thermoplastic rubber coating and mastic--A coating or mastic formulated and recommended for application to roofing or other structural surfaces and that incorporates no less than 40% by weight of thermoplastic rubbers in the total resin solids that may also contain other ingredients including fillers, pigments and modifying resins.
Tint base--An architectural coating to which colorant is added after packaging in sale units to produce a desired color.
Traffic marking coating--A coating labeled and formulated for marking and striping streets, highways or other traffic surfaces including curbs, berms, driveways, parking lots, sidewalks and airport runways.
Undercoater--A coating labeled and formulated to provide a smooth surface for subsequent coatings.
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 United States 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 § 130.311(a).
Varnish--A clear wood coating, excluding lacquers and shellacs, formulated to dry by chemical reaction on exposure to air. Varnish may contain small amounts of pigment to color a surface or to control the final sheen or gloss of the finish.
Waterproofing concrete/masonry sealer--A clear or pigmented film-forming coating that is labeled and formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light and staining.
Waterproofing sealer--A coating labeled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water.
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 (g), a person after January 1, 2005, may not:
(1) Manufacture, blend or repackage for sale within this Commonwealth a coating subject to this subchapter with a VOC content in excess of the corresponding limit specified in Table 1.
(2) Supply, sell or offer for sale within this Commonwealth a coating subject to this subchapter with a VOC content in excess of the corresponding limit specified in Table 1.
(3) Solicit for application or apply within this Commonwealth, a coating subject to this subchapter 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.
(16) Calcimine recoaters.
(17) Impacted immersion coatings.
(18) Nuclear coatings.
(19) Thermoplastic rubber coatings and mastic.
(c) Sell-through of architectural or industrial maintenance coatings. An architectural or industrial maintenance coating manufactured prior to January 1, 2005, may be sold, supplied, offered for sale or applied after January 1, 2005, so long as the architectural or industrial maintenance coating complied with the standards in effect at the time the coating was manufactured.
(d) Thinning. A person may not apply or solicit the application of an architectural and industrial maintenance coating that is thinned to exceed the applicable VOC limit specified in Table 1.
(e) 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.
(f) 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.
(g) 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. ''Manufacturer's maximum recommendation'' means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.
VOC Content Coating Category Limit Nonspecialty Coatings Flat Coatings 100 Nonflat Coatings 150 Nonflat High Gloss Coatings 250 Specialty Coatings Antenna Coatings 530 Antifouling Coatings 400 Bituminous Roof Coatings 300 Bituminous Roof Primers 350 Bond Breakers 350 Calcimine Recoaters 475 Clear Wood Coatings --Clear Brushing Lacquers 680 --Conversion Varnish 725 --Sanding Sealers (other than Lacquer Sanding Sealers) 350 * Varnishes 350 Concrete Curing Compounds 350 Concrete Surface Retarders 780 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 Impacted Immersion Coatings 780 Industrial Maintenance Coatings 340 Lacquers (including Lacquer Sanding
Sealers)550 Low-Solids Coatings 1202 Magnesite Cement Coatings 450 Mastic Texture Coatings 300 Metallic Pigmented Coatings 500 Multi-Color Coatings 250 Nuclear Coatings 450 Pretreatment Wash Primers 420 Primers, Sealers, and Undercoaters 200 Quick-Dry Enamels 250 Quick-Dry Primers, Sealers and
Undercoaters200 Recycled Coatings 250 Roof Coatings 250 Rust-Preventive Coatings 400 Shellacs --Clear 730 --Opaque 550 Specialty Primers, Sealers and
Undercoaters350 Stains 250 Swimming Pool Coatings 340 Swimming Pool Repair and
Maintenance Coatings340 Temperature-Indicator Safety
Coatings550 Thermoplastic Rubber Coatings and
Mastic550 Traffic Marking Coatings 150 Waterproofing Sealers 250 Waterproofing Concrete/Masonry
Sealers400 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)--(9) 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 by November 24, 2003, or the date on which the date code will first be used, whichever is later.
(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 § 130.311 (relating to compliance provisions and test methods). The equations in § 130.311(a)(1) and (2) shall be used to calculate VOC content.
(4) Industrial maintenance coatings. Each manufacturer of an industrial maintenance coating 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 of 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 this Commonwealth during the preceding calendar year and shall describe the method used by the manufacturer to calculate sales within this Commonwealth.
§ 130.306. Application for variance.
(a) A person who cannot comply with § 130.303(a) (relating to standards) may apply in writing to the Department for a variance. The variance application shall set forth:
(1) The specific grounds upon which the variance is sought.
(2) The proposed date by which compliance with § 130.303(a) will be achieved.
(3) A compliance report detailing the methods by which compliance will be achieved.
(b) No later than 90 days after receipt of a complete variance application containing the information required in this section, the Department will hold a public hearing in accordance with § 130.310 (relating to public hearings) to determine the following:
(1) Whether a variance from the requirements in § 130.303(a) is necessary.
(2) Under what conditions a variance from the requirements in § 130.303(a) is necessary.
(3) To what extent a variance from the requirements in § 130.303(a) is necessary.
(c) The Department will not grant a variance unless the applicant demonstrates in writing the following to the Department's satisfaction that:
(1) It is technologically infeasible for the applicant to comply with the requirements of § 130.303(a).
(2) The public interest in issuing the variance would outweigh the public interest in avoiding increased emissions of air contaminants that would result from issuing the variance.
(3) The compliance program proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible.
§ 130.307. Variance orders.
(a) A variance order will specify a final compliance date by which the requirements of § 130.303 (relating to standards) must be achieved. A variance order will contain a condition that specifies increments of progress necessary to assure timely compliance and other conditions that the Department determines to be necessary, in consideration of the testimony received at the public hearing held in accordance with § 130.310 (relating to public hearings), written comments and other information available to the Department.
(b) The Department will submit each variance order to the United States Environmental Protection Agency for approval as a State Implementation Plan revision.
§ 130.308. Termination of variance.
A variance will cease to be effective upon failure of the party to whom the variance was granted to comply with a term or condition of the variance.
§ 130.309. Extension, modification or revocation of variance.
The Department may, for good cause, including air quality considerations, extend, modify or revoke a variance from the requirements of § 130.303(a) (relating to standards) after holding a public hearing in accordance with § 130.310 (relating to public hearings).
§ 130.310. Public hearings.
(a) Prior to issuance, extension, modification or revocation of a variance order, the Department will hold a public hearing to take public comment on the application for a variance or on the proposed extension, modification or revocation of a variance order.
(b) The Department will publish notice of the time, place and purpose of the hearing in newspapers of general circulation and in the Pennsylvania Bulletin not less than 30 days prior to the hearing.
(c) Not less than 30 days prior to the hearing, the Department will make available to the public the following:
(1) The application for the variance or, if the hearing is for an extension, modification or revocation, the variance order.
(2) The proposed order for issuing, extending, modifying or revoking the variance.
§ 130.311. 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 of VOC 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 to perform the calculations in subsection (a), the reference method for VOC content is EPA Reference Method 24, except as provided in subsections (c) and (d). An alternative method to determine the VOC content of coatings is SCAQMD Method 304-91, incorporated by reference in this section. The exempt compounds content shall be determined by SCAQMD Method 303-91, incorporated by reference in subsection (e). 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 subsection (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 multicomponent 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 the most up-to-date version of the test method shall be used to test coatings subject to of this subchapter:
(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, ''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 § 130.302 (relating to definitions) for definitions of ''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.
(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.
(10) Exempt compounds. The content of compounds exempt under EPA Method 24 shall be analyzed by SCAQMD Method 303-91, ''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 analyzed 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, ''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.''
(14) Radiation resistance. The radiation resistance of a nuclear coating shall be determined by ASTM Method D 4082-89, ''Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants.''
(15) Chemical resistance. The chemical resistance of nuclear coatings shall be determined by ASTM Method D 3912-80, ''Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants.''
______
1 Conversion factor: 1 pound VOC per gallon (U.S.) = 119.95 grams per liter.
2 Including water and exempt solvents
[Pa.B. Doc. No. 03-2067. Filed for public inspection October 24, 2003, 9:00 a.m.]
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