§ 130.703. Exemptions and exceptions.
(a) This subchapter does not apply to the use, application, sale, supply, offer for sale or manufacture for sale for use in this Commonwealth of the following compounds or products:
(1) Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in a research and development, quality assurance or analytical laboratory, if records are maintained as required under § 130.704 (relating to recordkeeping requirements).
(2) Adhesives, sealants, adhesive primers or sealant primers that are subject to other sections in this chapter or Chapter 129 (relating to standards for sources).
(3) Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied.
(4) Cyanoacrylate adhesives.
(5) Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of 1 pound or less, except plastic cement welding adhesives and contact adhesives.
(6) Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of 1 gallon or less.
(b) This subchapter does not apply to the use, application, sale, supply, offer for sale or manufacture for sale for use in this Commonwealth of adhesives, seal-ants, adhesive primers, sealant primers, surface preparation solvents or cleanup solvents in the following operations:
(1) Tire repair operations, if the label of the adhesive states, ‘‘For tire repair only.’’
(2) The assembly, repair and manufacture of aerospace components or undersea-based weapons systems.
(3) The manufacture of medical equipment.
(4) Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992. A person claiming an exemption under this paragraph shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with § 130.704.
(c) This subchapter does not apply to an adhesive, sealant, adhesive primer or sealant primer product if the manufacturer or distributor of the product makes and keeps records demonstrating both of the following:
(1) The adhesive, sealant, adhesive primer or sealant primer product is intended for shipment and use outside of this Commonwealth.
(2) The manufacturer or distributor has taken reasonably prudent precautions to assure that the adhesive, sealant, adhesive primer or sealant primer product is not distributed to or within this Commonwealth.
(d) The exemption in subsection (c) does not apply to an adhesive, sealant, adhesive primer or sealant primer product that is sold, supplied or offered for sale to a retail outlet in this Commonwealth.
(e) This subchapter does not apply to an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product that is sold or supplied for use or application as part of a manufacturing process at a facility subject to the requirements of § 129.77 (relating to control of emissions from the use or application of adhesives, sealants, primers and solvents).
(f) This subchapter does not apply to an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent used or applied in either of the following situations:
(1) At a private residence for a noncommercial purpose.
(2) By a person who is not seeking compensation.
Authority The provisions of this § 130.703 amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P. S. § 4005(a)(1) and (8)).
Source The provisions of this § 130.703 amended June 27, 2014, effective June 28, 2014, 44 Pa.B. 3929. Immediately preceding text appears at serial pages (355247) to (355248).
Cross References This section cited in 25 Pa. Code § 130.701 (relating to applicability); 25 Pa. Code § 130.702 (relating to emission standards); and 25 Pa. Code § 130.704 (relating to recordkeeping requirements).
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