ADOPTIONS ENV7RON11E\ LAL PROTECTION 

,N-hen environmental conditions exceed dcsign criteria. The ride hall also 

~e been designated b~ the manufacturer as a mobile or port le ride . 

ide perimeter" means the perimeter of the area re mmended for 

eration of an amusement ride by the ride manufaeer. 

up" means to assemble and erect a portable,(imusement ride for 

trons . as described in the set-up manual (N~1 A.C 5 :14A-2 .14) . 

5 :14A-9 . Set-up and installation 

(a)-(c) ( o cliange .) 

(d) A mo ile amusement ride set-up at fixed location shall be 

permitted to ave utility lines (that is, ectric, water. pneumatic . 

hydraulic, liquid waste) for portable equip nt, in compliance with the 

New Jersey Unif~rm Construction Code. N.J .A .C . 5:23 . extending a 

maximum of 20 f ~t beyond the ride per~ eter. tltilitN lines be_vond 20 

feet from the rid perimeter shall b, part of the fixed location 

infrastructure and corrl ~ I~ with N .J . A . CyS. _3 _ for ' permanent installations . 

Portable utility lines in`~t a fixed locat~)n . and connection of those lines, 

shall be surrounded bNy+ barriers to 

personnel . Means of shqtting off;' 

applicable codes shall be ~~ vide 

t't~' t l~ 

limit access to onlN authorized 

utility supply that comply with 

the point where a portable line 

conuec a c n pernnanen me. 

1 . Portable electrical v,irin~~. ~all comply with Article 525 of the 

National Electric Code as requir under the Uniform Construction Code, 

N.J .A .C . 5 :23 . 

(e) Set-up and installation, of `'1-amusement rides shall comply with 

N.J .A .C . 5 :14A-7 .5 . 1 

SUBCHAPTER 13 . INFLATABLE RIDES 

Adopted: October 30_ 2008 by Lisa P. Jackson. Commissioner, 

Department of Environmental Protection . 

Filed : November 5 . 2008 as R.2008 d .366 . with substantive and 

technical changes not requiring additional public notice and 

comment (See N.J .A .C . 1 :30-6 .3) . 

Authorit,, : N . .I .S .A. 13 :1 B-3(e) . 13 :1 D-9 and 26:2C-1 et seq ., in 

particular 26 :2C-8 . 

DEP Docket Number: 20-07-10/642 . 

Effective Date: December 1 . 2008 . 

Operative Date : December 29, 2008. 

Expiration Dates : Exempt. N.J .A .C. 7:27 and 27B : 

April 21, 2010. N.J .A .C. 7 :27A. 

The New Jersey Department of Environtnental Protection 

(Department) is adopting new rules and amendments at N .J .A .C . 7 :27-24 . 

Prevention of Air Pollution from Consumer Products . which regulates 

chetnicallN formulated consumer products and portable fuel containers, 

The Department is also adopting new N. .I .A .C . 7 :27-26, which regulates 

adhesives and sealants and N.J .A .C . 7 :27-34, establishing reporting 

requirements for the emission of tertiary butNl acetate (TBAC) : and an 

amended definition of volatile organic compound (VOC) throughout 

N .J .A .C . 7 :27 . 27A and 27B. The Department is adopting related 

amendments at N .J .A .C . 7:27A-3 .10, Air Administrative Procedures and 

Penalties. Civil Administrative Penalties and Requests for Adjudicatory 

Hearings . These new rules and amendments will help , the State continue 

to make progress towards attainment of the eight-hour ozone standard . as 

well as aid in the protection of the public from toxic air pollutants . 

Summary of Hearing Officer's Recommendation and Agency 

Response : The Department held a public hearing on December 10, 2007. at the 

Department Headquarters Building . 401 E . State Street, Trenton . Ne" Jersey, to provide interested parties the opportunity to present comments 

on the Department's proposed amendments and nekN rules and State 

Implementation Plan (SIP) re\ision . Six people testified at the hearing . 

Chris Salmi, Assistant Director of the Department's Division of Air 

Quality . served as the Hearing Officer . The Department has summarized 

and responded to the comments it received on the proposal and the 

proposed SIP revision below . After reviewing the comments presented at 

the hearing and the written comments received by the Department . the 

Hearing Officer recommended that the proposed amendments and ne\,\ 

rules be adopted with the changes described below in the Summar} of' 

Public Comments and Agency Responses and in the Summary of 

Agency-initiated Changes. The Department has accepted the Hearing 

Officer's recommendation. 

5 :14 .A-13 .2 T}pe classifiLation 

(a)-(b) (No change .) / 

(c) Air-supported strt5ctures, Types 1 and 2 as described in (a) abme, 

shall not be considerecJ1rides . 

1 . Tensioned mer4rane structures of more than 900 square feet or 3(1 

feet in anv dimensict) but less than 16 .800 square feet or 140 feet in any 

dimension shall reguire a permit pursuant to the Uniform Fire Code. 

N.J .A .C . 5 :7(l . Tensioned membrane structures of 16,800 square feet or 

greater or 14(1 (~~et or more in anv dimension shall require a permit 

pursuant to the tt'(nifonn Construction' Code N.,I .A .C . 5 :23 . 

(d) Air-supported Structures . Type 3, as described in (a) above, shall 

be considered amusement rides only when located with other rides 

covered by t1~e Carnival-Arnusemertt Rides Safety Act. 

1 . Tensioned membrane structures of more than 900 square feet or 30 

feet in an/dimension but less than 16,800 square feet or 140 feet in any 

dimensur shall require a permit pursuant to the Uniform Fire Code. 

N .J .A .C/. 5 :70 . Tensioned membrane .structures of 16 .800 square feet or 

greatetr or 140 feet or more in any dimension shall require a pernut 

pursuant to the Uniform Construction Code. N.J .A .C 5 :23 . ENVIRONMENTAL PROTECTION 

(a) 

ENVIRONMENTAL REGULATION 

Air Quality Management 

Prevention of Air Pollution from Consumer 

Products, TBAC Emissions Reporting, Prevention 

of Air Pollution from Adhesives and Sealants 

Adopted Amendments : N.J .A.C. 7:27-8 .1,16.1, 17 .1, 

18.1, 19.1, 21 .1, 22.1, 23 .2, 24.1 through 24.10, 

24.12 and 25.1 ; 7 :27A-3.2 and 3.10 ; and 7 :27B-3.1 

Adopted Repeal : N.J .A.C. 7 :27-24 .11 

Adopted New Rules : N.J .A.C . 7 :27-26 and 34 

Proposed : November 5. 20(17 at 39 N. .I .R . 4492(a). 

A record of the public hearing is available for inspection in accordance 

with applicable law by contacting : 

Department of En,~ ironmental Protection 

Office of Legal Affairs 

ATTN : Docket No. 20-07-10/642 

4(11 East State Street 

PO Box 402 

Trenton, New Jersey 08625-0402 

This proposal document can also be viewed or do~\nloaded front the 

Department's \vebsite at vsvv'w .nj .gov/dep . 

Summary of Public Comments and Agency Responses : 

The Department accepted comments on the proposal through .lanuar) 

-t, 2008 . The follovving persons timely submitted written comments 

and/or made oral comments at the public hearing. 

1 . Brian J . Anthom . The Bre\ler C'ompanc 

2. James Baker_ Roof Coatings Manufacturers Association 

3 . Karen M. Bond. Lord Corporation 

4 . Jared 0. Blum. EPDM Roofing Association 

5 . Michael .1 . DuCharme . EPDM Roofing .Association 

6. D. Douglas Fratz, Consumer Specialty Products Association 

7 . Eileen J . Mover. Reckitt Benckiser. Inc . 

8 . Le~~is S. Ripps, Palmer Asphalt Company 

9. Steve Risotto, Halogenated Solvents Industr~ Alliance . Inc . 

10 . Tony Russo, Chemistry Council ofNe,,k Jersey 

NEW JERSEYREGISTER, MONDAY, DECEMBER 1, 2008 (CITE 40 N.J .R . 6769) 
ENVIRONMENTAL PROTECI ION 

11 . Chris Salazar. Root' Coatings Manufacturers AssociationiKarnak 

Corporation 

12 . William Schneider . FPDti1 Roofing Association 

13 . Thomas D. Sims. Department of Defense 

1-t . Frances It . b1 u . Personal Care Products Council 

15 . Joseph Yost. Consumer Specialty Products Association 

Tile timely submitted comment,; and the Department's responses are 

summarized below . The number(s) in parentheses after each comment 

correspond to the number identitj ing tile commenter(s) abo% e . 

VOC Definition 

I . COMMENT : The commenters support the Department's 

amendment of the definition of VOC throughout Chapters 27, 27A and 

27B in order to match the United State,; Environmental Protection 

Agency (i;SEPA) definition . (6, 7, 9, 10 . 15) 

RESPONSE : The Department acknowled2es the commenters' support . 

N.J .A .C, 7:27-24 Consumer Products 

2 . COMMENT: The commenters do not oppose the Department's lie" 

VI)C limit, at N.J .A .C 7 :27-24, which are based on the Ozone Transport 

Commission (0TC) model rule for consumer products, and support the 

promulgation of uniform regulations . 'File commenters support the 

reasonable effective date for the ncw VOC limits and the Department's 

sell-through provisions for products manufactured prior to the effective 

date . (6 . 7 . 9, 10, 15) 

RFSPONSE: The Department acknowledges the commenters' support . 

3 . COMMENT: Through cooperation with the Department on 

regulations to reduce the VOC content in various consumer products . 

companies have been able to meet the challenges posed by stricter 

reculations without impacting interstate commerce . The commenter is in 

fmor of tile proposed amendments to the consumer products V()C 

regulations at N.J .A .C . 7 :27-24 . (7) 

RESPONSE: The Department ackno~nledges the commenter's support. 

4. COMMENT': Is it necessary to proceed with the proposed 

rulenaking on consumer product, at N. .I .A .C . 7:'_'7-24 to meet SIP 

commitments. in light of the forthcorning Federal consumer product, 

rules' l_rSEPA has issued a memorandum, which establishes guidelines 

for the VOC Emission reduction credits states can claun based on the 

USEPA consumer product rules to be proposal . The memorandutn also 

allows a 75 percent partial credit for those states with areas needinlp 

reductions in earlier years based on the assumption that currenlly 

marketed products have already been reformulated to meet California 

VOC limit~ (14) 

RESPONSE : The Department's new consumer products rules at 

N .I,A .C . 7:27-2=4 are necessary for New Jersey to obtain the reductions 

needed to attain the eight-hour Ozone National Ambient Air QualitN 

Standard (NAAQS ) . The Federal conSumer products rule has not yet been 

promulgated : therefore. tile Nex\ .lersey rules v, ill be operati~e before tile 

Federal rules. thereby allo«ing the State to achieve earlier reductions 

towards the goal of attaining the eight-hour Ozone NAAQS. The Federal 

con`umer products rule has not yct been proposed and is not on tile 

schedule anticipated by the USEPA. Adopting State-specific consumer 

products amendments N~ ill provide the State vvith greater benefits than the 

allowable 75 percent partial credit for states where the rules are not yet 

promulgated. In addition, in the event that the Federal rule is less 

stringent than the 2007 OTC model rule and tile Department's rules, tile 

New Jersev rulemakiug on consumer products v" ill pro\ ide the State with 

greater benefits . 

5. COMMENT: The notice of proposal notes that the new definitions 

\\ill match tile California Air Resources Board's (CARB) definitions in 

its recent amendments to it-, rules for ConsurTler products . The definitions 

for the consumer products rules should include the reference date of 

January 1 . 2009 (and nnt Januarv L 2006. or other dotes referenced in tile 

CARBregulaticms) (1-) 

RESPONSE : T lie Department", rules do refer to January 1 . 2009 . as 

set forth at '\' .f .A .C' . 7:27-24 .4(n). tihich identities the operative date of 

the rule,; . 

ADOPTIONS 

N.J .-k .(' . 7:27-24 Restrictions on the Use of' I oviciCarcinot!enic 

Chlorinated Solcents 

6. COMMENT: The Department's notice of' propcr;al to prohibit 

chlorinated solvents. perch] oroethylene (Perc) . trichloroethylene (TCL) 

and methylene chloride ('v1eCl) in autornotiNe maintenance and repair 

consumer products at N. .I .A .C . 7 :27-2-1 rs a poorly conceived notion for 

which the Department offers little factual justification . (9 and 10) 

RESPONSE: As explained in the proposal Surnmary (t9 N. .I .R . at 

449~) . the rules limit the use of Perc . ICE and MeCI in automotive 

maintenance and repair consumer product~ based on their toXtcity, health 

hazards . cancer risk, risk to groundwater and soil . the products' use or 

potential for use of Perc, TCE and MeCl . and the availability of less tovic 

alternatives . The Minnesota Pollution Control AaertcN ranks Perc . TCE 

and MeCl as the top three hazardous chemicals used in brake and 

carburetor cleaners . as discussed in their fact sheet "Selecting and 

Managing Brake and Carburetor Cleaners" dated .luly 1998. 

Perc, TCE and MeCl are classified as hazardous air pollutants (HAPs) 

under the Federal Clean Air Act (42 U .S .C . §7412) . .4s discussed in the 

C'ARB Initial Statement of Reasons for the Proposed Airborne Toxic 

Control Measure for Emissions of Chlorinated Toxic Air Contaminants 

from Automothe Maintenance and Repair Activities. dated March 10 . 

2000 (CARB automotive maintenance and repair staff report) . exposure 

to Perc . TC'E, or MeCl may result in both cancer and non-cancer (acute 

and chronic) health effects ~to off-site receptors and on-site workers . The 

primary route of human exposure for these compotmds is inhalation . 

Ingestion is also a route of exposure . 

Cancer Risk 

As discussed in the CARB Initial Statement of Reasons For tile 

Proposed Amendments to the California Aerosol Coating Products . 

Antiperspirants and Deodorants, and Consumer Products Regulations, 

Test Method 310, and Airborne Toxic Control Measure for ParaDichlorobenzene Solid Air Fresheners and ToilcUUrinal Care Products, 

dated May 7. 200-1 (C'ARB consumer products staff report). CARB~s 

2110i restrictions on the use of toxics in consumer product are based on 

data suggesting that there would be potential cancer increases resulting 

from the use of the products containing Perc, TCE; and MeCL C'ARB 

found that use of these chlorinated cuml-1ounds posed an uuneces>ary 

health hazard . Based on CARB's risk asse ment analysis ,,flowing the 

potential for increased cases of cancer . and becau>e man,, alternatkc 

product~, were available. C' .ARB in 2000 prohibitcd th,2 use of Perc . T(`F 

and MeCl in general purpose degreasers designed tix autoniotivr u"L:, 

engine degreasers, brake cleaners . carburetor and fuel ir~jection cleaner, . 

aerosol adhesives and aerosol coatings . 

Perc and TCE were classified by the USFPA as Group B'_'IC 

carcinogens. probable human carcinogen--based on sufficient evidence 

of carcinogenicity in anintals and are cla,siiied by tile 111I.CruatiOlMl 

Agency for Research on Cancer (IARC) a,~ Group 2A carcinogew . 

prohably carcinogenic to humans . The USEPA does not currentl\ haN e 

a classification for the carcinogenicity of Perc and WE in their 

lnte,_,rated Risk Information System (IRIS) . as they are bcin ;~ 

reassessed : howner, the tables used by the Office oC Air C)u~ility 

Planning and Standards (OAQPS) for risk assessments of hazardnu, air 

pollutants contain the USEPA classilicatiom discus,;ed abo%e. as \\CII 

as the LARC classifications and can be found at [lie follov+inL_ vvebsit, : 

Irttt, :!i~a w ~ia.>=ov ~ttn!atwltovsource'summarv .htm I_ 

MeCl is classified bv tile USEPA as a [R2 carcinogen . probable humon 

carcinogen--hased on Sufficient evidence of carcinogenicitv in animal,. 

and is classified bv IARC as Group 213, possibh carcinogenic to huinaui, 

AS discussed in the CARB consumer product, staff repoit . 

C'-1,R13 

estimates that in the seven categories where C'ARB proposed prohibition, 

of Perc. TCE and MeCl. for a given category . Lip to 64 potential c\--

cancer cases per million persons would be moided stateN61: ill 

California . These estimates are based on outdoor near-source eXputiW'c 

over a 70-vear lifetime . This would be in addition Io the estimated cLu,c,:I' 

risk reductions from elimunatinc Perc . WE and MeCI fi~oi,n autoi~l0ti\C 

maintenance and repair consumer prodttcts, which CARB also estimatCLl 

up to 64 chances of potential excess cancer case, per million pcl-»" 

would be avoided statewide in California . Since the New Jersey al'cl 

(CITE 40 N ..1 .R. 6770) NEW JERtiEF REGISTER, MONDAY, DECEMBER 1, 2008 
ADOPTIONS 

California automotive maintenance and repair markets are similar, then 

the estimated cancer risks and reductions should also be similar. 

Non-Cancer Risks 

As discussed in the C'ARB automotive maintenance and repair staff 

report, short-term and long-tenn exposure to Perc, TCE and MeC'1 may 

result in non-cancer health effects . Acute toxic health effects resulting 

from short-term exposure to high levels of Perc may include headaches . 

dizziness . rapid heartbeat and irritation or burns on the skin. eyes or 

respiratory tract . Massive acute doses can induce central nervous system 

depression resulting in respiratory failure . Chronic exposure to lower 

Perc concentration levels may result in dizziness, impaired judgment and 

perception and damage to the liver and kidneys . Workers have shown 

signs of liver toxicity following chronic exposure to Perc, as well as 

kidney dysfunction and neurological effects . Effects on the liver, kidney 

and central nervous systems from chronic inhalation exposure to Perc 

have been reported in animal studies . 

TCE is a central nervous system depressant and has been used as an 

anesthetic . It is mildly irritating to the eyes and respiratory tract. 

Occupational exposure to TCE has resulted in nausea, headache, loss of 

appetite, weakness, dizziness, ataxia and tremors . Acute exposure to high 

concentrations has caused irreversible cardiac arrhythmias, nerve and 

liver damage and death . Chronic exposure to TCE has also been shown to 

cause respiratory irritation, renal toxicity and immune system depression 

Alcohol consumption in humans increases the toxicity of TCE and causes 

'`degreaser's flush," which are red blotches on the skin . 

MeCl vapor is irritating to the eyes . respiratory tract and skin . It is also 

a central nervous system depressant . including decreased visual and 

auditory functions and may cause headache, nausea and vomiting. Acute 

toxic health effects resulting frorn short-term exposure to high levels of 

MeC'I may include pulmonary edema, cardiac arrhythmias and loss of 

consciousness . Chronic exposure can lead to bone marrow, hepatic and 

renal toxicity . MeCl is metabolized by the liver with resultant 

carboxyhemoglobin formation . 

As CARB further noted in the CARB constuner products staff report, 

additional benefits from the restriction of the use of Perc, TC E arid MeCl 

include reduced waste water, hazardous waste contamination, 

contaminated water, soil and fish . Besides being found in the air, Perc is 

found in groundwater, surface water, soil . fatty foods, fish and human 

blood Other routes of exposure to TCE and MeC I include the ingestion 

of drinking water and food products . 

As discussed in the Environmental Impact statement, 39 N .J .R. at 

4507, the Department anticipates that the restriction of the use of Pere . 

TCE and MeC'1 will have a positive impact on soil and groundwater 

contamination in New Jersey . In addition to air-based environmental 

impacts, Perc, TC'E and MeCI have caused numerous problems with soil 

and groundwater contarnination in New Jersey . Perc . TCE and MeCl are 

dense solvents that have specific gravities greater than water (they sink in 

water) . Municipal drinking water wells are set very deep to avoid 

contamination . If the chlorinated solvents, such as Pere, TCE arid MeCl 

enter the groundwater system, thev migrate dowmNard . This makes these 

compounds potentially dangerous .to drinking water supplies and difficult 

to remediate or clean up from soil and groundwater . Due to their dense 

nature . they tra,, el in the lower aquifers and through cracks in bedrock. 

Further information and Fact Sheets on the health effects of these 

compounds is available from the USEPA Technology Transfer Network 

Air Toxics W ebsite (Health Effects Notebook for Hazardous Air Pollutants) 

at http ://v\~\tiv .epa .>;ov/ttn/atw/hlthef/ligp index.html and from the IARC 

website at Itttti ://monot=raphc.iarc.fr/ENG/Classification/inde x.pll . The 

CARB automotive maintenance and repair staff report can be found at 

c~w!regact~amr/amr .htm . The CARB consumer products 

staff report can be found at h~:/,'uv~wt .arb .ca.> ;ov/regact/con rod' 

conrrod .htm . 

Alternative Products 

As di .cussed in the CARB automotive maintenance and repair staff' 

report there are viable complying alternative products without 

chlorinated solvents that were in use prior to the CARB automotive 

maintenance and repair rule . CARB's automotive maintenance and repair 

rule is based on CARB's evaluation of best available control technology 

(BACT), in consideration of alternative products and processes. In 

ENVIRONMENTNI, PROTECTION 

evaluating BAC'I . information from sur~eys . site vi,;it, . third-pany 

studies . and brake parts manufacturers was analyzed . CARB determined 

that : 

Brake cleaners_ carburetor cleaner--; . engine degreasers and general 

purpose degreasers are often used interchangeably : 

Perc . TCE and MeCl are suitable and readilN available replacementc 

for each other: 

The removal of Perc alone could result in significantly increased 

emissions of TCE and MeCI: 

Non-chlorinated products were already in use prior to the CARB rule 

at nearly two-thirds of automotive maintenance and repair facilities in 

Cal ifornia : 

Alternative products that use non-chlorinated formulations and 

alternative processes, such as aqueous-based portable brake cleaning 

units and parts washers, were in use in California prior to the CARB rule 

(62 to 90 percent of automotive consumer products were non-chlorinated 

and 60 percent of automotive maintenance and repair facilities used 

aqueous-based processes) ; 

The overwhelming majority of facilities in California (approximately 

90 percent) use non-chlorinated carburetor cleaner, engine degreaser and 

general purpose degreaser; 

Most manufacturers market both chlorinated and non-chlorinated 

aerosol and bulk liquid products and claim that both are suitable and 

effective ; 

Alternative products and processes are effective in cleaning and 

degreasing based on claims that manufacturers make on the product 

labels of non-chlorinated products and on their websites : 

A study for the USEPA demonstrated that aqueous-based portable 

brake cleaning units are effective and less costly than chlorinated 

products ; 

Based on the Facility Survey, brake jobs performed with alternative 

compounds used less product than brake jobs performed with Perc, TCF 

or MeCl: and 

Discussions with a variety of facility operators and mechanics indicate 

that alternative products, including non-chlorinated aerosols and bulk 

liquids, are suitable and effective cleaning products . 

Examples of complying non-chlorinated products and manufacturers 

are included in Appendix H of the CARB automotive maintenance arid 

repair report . In addition to solvent-based complNing products . there are 

also aqueous based and citrus based complying products . Examples of' 

non-chlorinated . complying products are manufactured by CRC 

Industries (Brakleen, non-chlorinated solvent based and also citru, 

general purpose cleaners httn :!/www.crcirndustries .coin /auto/cont ent/ 

prod detail . aspa?PN=05(t84&S=N l, Solder Seal Gunk- products 

(http :i/www.gcmk.com/index .asF), Johnsen's htt : /,wxwv .technicalchemical.comi 

corp orate .htm ) and Skymart (water-based multi-purpose cleaners . 

http ://www.sk~~martsales .com/Ipslabs!id .asp ) . Solder Seal Gunk products 

displays a map on its website providing guidance on where each fornnlla 

of brake cleaner can be sold in the United States . The Solder Seal Gunk 

map indicates that a CARB compliant . non-chlorinated . low VOC 

formula is also required in Oregon and Washington state . 

In addition, the Institute for Research and Technical Assistance 

(IRTA), a nonprofit organization, conducted a project sponsored by 

California Environmental Protection Agency's (CalEPA's) Department 

of Toxic Substances Control and the City of Santa Monica to identifj . 

develop. test and demonstrate alternative lov~-VOC safer altcni .itu~,_ ; I~a 

brake cleaning, general purpose dcgreasing and carburetor and fuel 

injection systern cleaning in 10 auto repair facilities . The results of this 

project can be found in -a report entitled "Automotive Aerosol Cleaning 

Products : Lo%\-VOC, Low Toxicity Alternati\es . prepared by° : Katy Woli' 

and Mike Mon~is . IRTA, dated November 2(106 ." and can he found at 

http :// wyNw.irla .us,'DTSC%20Auto°'o20Rep air°/o20Report. dt'. The report 

contains examples of low VOC, low to\icity complying products, based 

on acetone and water-based fomuilations . The results of the project 

indicate that auto repair facilities can convert to lov,-VOC low tovicity 

alternatives and maintain their operations . The study also concluded that 

v, -ater-based formulas are less expensi\ e than high VOC formulas . 

As discussed in Comment 10 below, as a result of reformulation 

driven by the California requirements . chlorinated solvent use in 

automotive products has been reduced nationally mer the past seven 

!SEW JERSEY REGISTER, D40NDAY, DECEMBER l, 2008 (CITE 40 IS .J .R . 6771 ) 
F:\\ 1R()\NIE\-1 \i PR(I I E('T10\ 

~ear,. l-he dc\c!opin.°nt or non-chl(irinatrd I)rctClttCt' . ba " , inuo .i .,~d tliL 

\X-ict, Ot I_VOd;icts :l,ailuhlc tc antct repair hu,inc_,' :e~, snd re" ideut, ol' 

\' :t% .\> t!i ;cu; ",,ei! in CotntMnt 15 h.lO" . MOM Or th .;_ hrtdact; 

jrc 1`ormuIaICJ \\ itltout Pan tC'L and MeCl . 

In ~umtn.lrc . !,a,cd On the tcAicit~ . hc3!th ltuzlt':!', . cancer ri-" k and ri ",I, 

to _trnunt!\N at :r cintl ;oil u~ Pc,, . I (-L . und McCl. and Ow at ti!nbilit, ol 

!es; to\i . altern[tke'. . tlic De!~c~~~utient ce~u ";id~rs tltc IRAN rules to hc 

iustiticd ,tnt! .thl,ropriatr 

7' . C()M'vlE\'I : The ban Of Pan -WE and MrCI in aulurttoti~r 

ntainteu .t~o~ and rc!~ .tit cu :runi . :r Products ,at Td . .1 .,1 .C - :2'-24 t ; no 

juvlitie-d b,'cau ;c _tsa~nc kit thu,c I)wmi" d chlorin :[Ld solvents h:is h;cri 

dro!,piiy aud thcrePore. th ;rn Went .tre no hi,h m do 01 ol toxin tit 

the ait inNcr Anlhic;nt ! :~el~ (ntean and mminuunl of Ma'I aid 

WI= in \c" Jerscj ure belot{ hc .thh bctt .hm;uls band On t,SLP \ wd 

Depattntent nwmitnrinn d :na. and Wels arc declinK. Whilc a~,allahle 

d_tta itdraie that andhient level ". Or Pctc May exceed health hendtniar14 

ambient le\ .l h,,.c hren d. :Anin_ stz,uil; betv"n W ml "'UU4, 

InterI,tetatinn to' antht .nt Ncn. d,tta k iontplicated by thw tam dim th, 

Stau;~ hcnchuaul, is h;htti !hr deteelom liinit hw dw cnnpouna (y tnd 

!U) 

W011 I IONS 

RI ~I'U\SI : -\ccurdiii,^ to L):part :n .ut :J, data ~i .,!II ~(1( ;1j 

pi 2()()7 . ,~iv i'uuc :ntrations )(P ;:rc . l CI anc! VIc('I ctrr Hot &c!&&_. but 

WV ;hcMiiQ an WerWl! Old PAINT. ,\ilh ;untC Ilu ;tuati(In> linin ~e :W-'.0-

\Cal' to"'! Sltc-to-GItC . \'~'\ ,ICr4ej ;Jr i0',IJs nl(1151tOrII1'. ULIi I'~C 

iiwud in the Departnte& ., annual Air (,)"Fty kcpn,. :nai!aN . tt'. 

V<<\\ .t-it,tc .nI l Irir'_-, it I :)\,inr. tl,, 

-- -----L---- --~------- 

Dch_[ruiient'~~, atriual Mean (trve~'a_^et air rttonilotiw-.a .tt,i for l(-1-

.wd 'vl :C'1 td Ne\t Jersc., air tmqnitt.rin,_ sit, :, tionl ='tlu() t(-, '()(,, 

sho"n So". a", sho"n in th : Charts . punt : d moo) cutwenl,utiom, ol 

Pzrc flucluate around do benchmark Any '(W? to TItl". oitli t!ic 

niaiorit~ of the data csceeJinr tltc hcaltlt hcti~l~marl. 1t~nua! in . u 

cotxentrat,on~ cr( Tt I %\ev be!,,', 11,, lie~tlti~ l-ernc}tittart, ti_,ti ; ?(d10 t 

'01)'. Anoual main conccntrations or YId! iien he!m . the ! :nlt!~ 

hax:hrnnr!: sincr Nlp; i\9_r.iinttnt 24-luur katu_ :, Or I-rc uItsw twad .c! 

the Itealtli benchmark 1'r<,m ~UUIt tu ZU()' k1tt`ntatn _A-hour ,al.ic, ~iI 

TAT and WC:l We -Nnetintc, c., .cekr1 hra!,It beiuliituh ; hall AW) 

tu ?U(1" . [he DrPartnt,nt-s nanit,irinh arv n" ,i 1()cal~" d nt;ar )tio),ol 

<ources o1 Pan TC'E anu WI. a do, nmiiit,trly _ i" au tntcnl",1 u 

powdc eenetoI ztpusun 0elh in clilt'enmt tvh: ; ul rn"iriuunrrtt, . 5u at 

a; rurat . suhtrhau ahd urhan. nut t!af, . 

&ne ; not 1epr :;enl neat ,~Arce r'.l)u " ,tu-r:, which Ill ~ tiwut!d i)e 16~11, 

(( 1 fl- 46 %, ..1,R . 67 7 2) \DM 3 FW L . I 12i" (iISTL,R . VI() \1)1N ., 1) L( -L 12l3[.Id 1 .2011~, 
ADOPTIONS ENVIRONMENTAL PROTECTION 

Perchloroethylene (Tetrachioroethylene) Concentrations at 

New ]ersey Air Monitoring Sites 

-*--CamOen 

-- - Chester 

~nccui 

NewauBrunswick ~- 

`

Health Benchmark 

--- 

2000 2001 2002 2003 2004 2005 2006 2007 

Year 

Trichloroethylene Concentrations at 

New 7ersey Air Monitoring Sites 

0 .45 

0 .4 

E 0 .35 

0 

-- Lon9-term -- -

.~ . .

.-- 

health 

benchmark = 

_ ---- -- 

-~-Camden 

---- _ 

0.5 uqlm3 

_ -- 

- 

- 

+- Chester 

" Elizabeth 

New Brunswick 

2000 2001 2002 2003 2004 2005 2006 2007 

Year 

NENN JERSEl REGISTER, MONDAY, DECEMBER I, 2008 (('ITE 40 N .J .R . 6773) 
EN1'IRONAlE:1T.aL PROTECTION 

Methylene Chloride Concentrations at 

New Jersey Air Monitoring sites 

s--- Chester 

Elizabeth 

New Brunswck 

Health Benchmark ~ 

Long-term 

health 

benchmark 

= 2 .1 ug/m' 

2000 2001 200Z 2003 2004 

Year 

Even vtiith annual average ambient levels of TCE and MeCl belox\ 

benchmarks. the Department is restricting the use of these product, in 

automoti~'e trnaintenance and repair consurner products because Perc . 

TCE and MeCl are suitable and readily available replacements for each 

other. Thus . if only one of the substances ivere prohibited, a manufacturer 

tniEht replace. the prohibited compound v`ilh one of' the rentaininti. tticr. 

The remo\ al of Pere alone, therefore. Could result in increased erriis~iorls 

of h1e( : I and/or TC E. 

The laboraton method detection limit for Pere is above the health 

benchmark . The Department's procedure for handling the non-detectable 

data is to include them in the average as zero . [it some cases the analyzing, 

laboratory can report result~ belovv the detection lirnit . Therefore . the 

Department is reporting the tninilnum annual averages . because the not)-

detectable laboratory results may actuall} be above zero and abt)Ne the 

health benchmark . but are being treated as zero . 

Therefore . taking into account that near source et.po,ures are likel% 

hif.her than annual average concentrations at Department monitoring 

sites . the approach that the Department uses to average non-detectable 

laboratorn results and the interehang-eable uses of Pere, TCE and MeCl. a 

restriction on the use of Pere . TCE and MeCl is the best vva) to protect 

tile public frorn exposure to these cornpounds . 

8 COMMENT: Existing dry cleaning rules will reduce ambient levels 

of Pere substantially over the next t),\o years: therefore. the ban on I'ere. 

TCE and MeCl in automotive maintenance and repair consumer products 

at N . .I .A .C . 7:27-24 i, not necessarN . (9 and 10) 

RESPONSE: Federal rules. published in the Federal Register at 71 f~R 

a2~24 (July 27 . 20t16) . are in place to reduce Perc etnitisiona from dr\ 

cleaners . This doe, not preclude the need to reduce Pere frutn other 

sources in the State On the contrar} . the Federal rules support the goal of 

reducing potentiall\ carcinoggenic toxic air pollutants . The Federal rule 

\\ as adopted in recponse to USEPA's evaluation of the tmicity of Pere 

and the risk to the public . 'The restriction on the use of Pere. McCI and 

T(E in certain con,tuner ptoducts, including automotive maintenance 

and repair products . is for the protection of the public . The prohibition 

\0l reduce the levek of the compounds in the ambient air, protecting not 

onlN the tl~ers of the product. but people nearby . 

2005 2006 2007 

ADOPTIONS 

9. COMMENT: The data used bc the Departnient to calculate tile 

benefits frotn the ban of Perc, TCE and MeCl in autornotive maintenance 

and repair consumer products at N.,I .A .C . 7:27-24 are based oil California 

data . There i~ no discussion of New .lerse) data or New .lerscy health 

impacts. There v%as no opport.unity for the public to revie\% and continent 

on underiving data and assumptions . (9 and lfl) 

RESPONSE: The adopted rules for automobile maintenance and rep,ur 

pmducts. consutrter products . portable fuel containers and adhesi~es and 

sealants are based on the CARB rules and model rules, tvhich in turn are 

based on years of extensive research b} California-s South Coast .Air 

Qualih~ Management District (SCAQMD) and the C'ARB that would not 

be practical to duplicate. It is appropriate tot state, to work together to 

conserve resources. to avoid duplication of effort and to encoura,e 

unifcrrmit~ . For the satne reasons, it is appropriate to rel~ on data from the 

1 ISEPA . the CARB or a state that undertakes research on the subject . 

The ozone pollution problems in California are more severe than those 

of New Jersey . This results in California's prrrtnulgatiuc rules to reducc 

ozone air concentrations . Nev\ Jerse) and other states benelit froin tile 

studies and research done by CARB in developin- these regulations . 

The Departntent believes that the California data and rules are 

appropriate for New .lerse\ . TIC autotnotive rnaintettance all(] relmit 

cotutnner products tnarl.ets are sitnilar . but do rnot ha\ e to h~ iJ~ .~ :i .a' 

the rules to be appropriate. Sintilar products are sold and u~~d 

nationwide . The markets do not have to be identical in order to utilize the 

),cars of research and studies conducted b.\ the CARB The studies au d 

document~, on which the Department relied v<fien it drafted the Ne« 

Jersey 

rules are referenced in the Department's notice of proposal . \N ill, 

information on where to find the documents . C'ARB~s detailed data aucl 

staff reports are accessible on the internet, (it- b) reyuest frotn the 

r Department, and the public had the opportunity lo connnent on thLnl 10" 

ptuposes of this rulemaking . 

10 . COMMENT: The ban of Pere . TCE and MeCI in autum0ti\c 

maintenance and repair consumer products at N.J .A .( 7:27-"_'4 i~ nr't 

necessar) because the Departtnent overestimates the benefits ftom Sue,' a 

han. The Department's benefit estimates from the ban of Pere, TC E :atcl 

vleCl in automotke tnaintenance and repair product,., are based o'I a 

(CITE 40 1.J .R. 0774) NE'VNJERSFa REGISTER, MONDAY, DECEMBER 1, 2008 
ADOPTION'S 

CARB survey conducted in 2000, prior to the prohibition in California . 

l he calculations overestimate the benefits because they do not reflect the 

current market . As a result of reformulation . driven by the California 

requirements, chlorinated solvent use in automotive products has been 

reduced national]) over the past seven years . The development of nonchlorinated products has increased the variety o1 products available to 

auto repair businesses and residents of New Jersey . (9 and 10) 

RESPONSL: The adopted rules for automobile maintenance and repair 

products . consumer products, portable fuel containers and adhesives and 

sealants are based on the CARB rules and model rules, which are based 

on years of extensive research by the SCAQMD and the CARD that 

would not be practical to duplicate . The benefit calculations are based on 

the best available data, which are the CARB data . If the emissions of 

Perc . TCE and MeC'1 have decreased in Nev, Jersey, as a result of the 

CARB rulemakutg, resulting in less calculated benefits than estimated 

from a 20(18 baseline, then this further supports the position of the 

Department that the CARB rulemaking is a positive benefit to the public . 

that alternative complying products exist and are being sold in Nev` 

Jersey and, therefore, it is appropriate to use the CARB rulemaking as a 

model for New Jersey . If some of the estimated benefits have already 

been achieved since the CARB rule adoption in 2001 and prior to 2009, 

this does not mean it is inappropriate for the Department to restrict the 

use of these compounds in order to attain the full estimated benefits . 

Without a restriction, manufacturers still have a choice whether to sell 

different products in different states, or make one product for all state, . 

Some manufacturers NA ill choose different products for different states as 

demonstrated by the Solder Seal Gunk product map discussed in the 

response to Comment 6. 

11 . COMMENT: The ban of Perc . TCE and MeCl in automotio~ e 

maintenance and repair consumer products at N.J .A .C 7:27-24 is not 

necessary because the Department overstates the cancer risk for Perc, 

TCE and MeCI. Although the scientific literature suggests that these 

compounds are animal carcinogens, the data are not relevant to hurnans. 

A stud) of dry cleaning workers in the Nordic countries, which has been 

submitted to the Department as part of the comments ("Cancer in Persons 

Working in Dry Cleaning in the Nordic Countries;' Lynge et al ., 

Environmental Health Perspective 114:213-2198 (2006)) found no 

increase in cancer incidence among those workers exposed to higher 

levels of Perc than the ambient levels in New Jersey . (9 and 10) 

RESPONSE: Based on the Department's reviev, of the Lynge et al . 

(2006) study (Nordic study), the Department does not interpret the Nordic 

study as showing no increase in an incidence of cancer in huntans . 

Rather, the study provides some additional weight of evidence consistent 

with the hypothesis of a carcinogenic potential to humans. The Nordic 

study is a significant improvement on the previous epidemiological 

studies in providing a large set of observations obtained from reasonably 

compatible databases from Scandinavian countries (laundry workers) . 

Nevertheless, the Nordic study suffered from some of the same 

exposure assessment issues as the earlier epidemiological studies in not 

having useful measurements. Although use of Perc predominated in the 

dry cleaning establishments, there were. nonetheless, mixed exposures to 

Perc and hydrocarbon solvents, as well as unidentified exposures to only 

one or the other solvent . The data did not allow for separation of these 

exposures . Therefore, without knowing the extent of exposure to the 

chemicals of interest . one cannot draw conclusions about the health 

effects of those specific chemicals . 

In the Nordic study, the cancer sites/tpes for which increased risks 

had been reported in previous studies from' the United States, particularly 

esophageal and cervical, were either not elevated, or "ere not associated 

with jobs directl\ involving Perc . However, there was evidence of a 

significantly increased risk of bladder cancer, although the authors 

interpret the finding as equivocal given the lack of a correlation with 

length of employment . This findin2 is consistent with some evidence of 

an increased risk of bladder cancer among dry cleaning workers from 

earlier studies_ although that e\ idence gencrally 'Seems to be equivocal fix 

a variety of reasons . Given the inconsistent nature of findings from 

epidemiological studies . and the difficulty in interpreting the exposures to 

Pere of the cohorts in those studies, the Nordic study is reasonabl_v 

consistent in suggesting a general increased risk of cancer from Perc . 

ENVIRONMLVral PROr>" .CtION 

Based on a study by CalEPA . Air loxics Shots Pro~,ram Ri~,lc 

Assessment Guidelines, entitled "Part 11-Technical SupPort Drreuiu:nt 

for Describing Available Cancer Potency Factors -Perchloroeth;lene.-

pg . B-477-482. there appears to be consistent evidence of' increased risk 

of carcinogenicity in general among workers in dr ; cleaners . Hovkevet . 

there is a lack of consistency about the site/type of cancer for which dr\ 

cleaning presents an increased risk . In addition . in the epidemiological 

studies discussed in the CalEPA document. data on etposure of the dry 

cleaners to Perc are either poor or lacking. 7'hi~; applies tn both the 

assessment of' the extent to which the various cohorts were e\posed to 

Perc, as opposed to hydrocarbons (for example, Stoddard solvent), and to 

the actual doses of Perc associated with the increased risk of cancer. The 

animal data, for both rats and mice . howe~er, are more defimti~e, and 

although there is some lack of concordance bet" een the two key su.idics 

as to the type of tumors produced, there is, nonetheless. agreement v, ith 

respect to the production of hepatic tumors . 

Although the lack of agreement as to the site/t.\pe of cancers for which 

Perc poses an increased risk makes the interpretation of the over,ill 

weight of evidence frotn these studies problematic, the Department does 

not interpret the Nordic study as providing negative e%idcnce of human 

carcinogenicity. Rather, it provides some additional weight of evidence 

consistent with the hypotheses of a carcinogenic potential to hunians . 

Overall, in combination with the animal data. the Nordic study, along 

with the previous epidemiological studies justifies the regulation of Perc 

emissions based on carcinogenicity. 

In addition . the USEPA has recently released the "foaicolrrgical 

Review of Tetrachloroethylene (Perch loroethylene) ' (External Re\ iev, 

Draft) (June 2008), in support of summary information on the IRIS . In 

addition to concluding that Pere is "likely to be carcinrlcenic to human~" 

by all routes of exposure within the fiamexiork of tlic 21105 Guidelines for 

Carcinogen Risk Assessment, it also states on page 5-71 : 

Although target organ concordance is not a prerequisite for evaluatine 

the implications of animal study results for human,> (U .S . EPA. 200a). it 

is notable that the leukemias (in both sexes of rats) support ill-: 

observation of lymphopoietic cancers in individuals employed as dr1 

cleaners and degreasers, and the liver tumors (in both sexes of' mic,et 

support the observation of liver tumors ill (1r_\ cleaners (see Section 

4 .10.1 .1 .2) . 

12 . COMMENT: The ban of Pere, ICE aud Mel:l in aut(m,olf~e 

maintenance and repair consumer product!s at N .I .A .C . 7:2i-24 is riot 

necessary because the Department uses an o\erly eonservativr unit rid, 

factor. which overstates the cancer risk for Perc, ICE and MetJ . The 

USEPA is conducting assessments of the potential health etlects of the 

three banned chlorinated solvents Were, TC'E and Me(-I) that vvill 

generate nevr unit risk factors for estimated potential cancer risk . The 

USEPA unit risk factor for Pere is much lovNer than the CalEPA unit i isl . 

factor used by the Department . The USEPA discussed the vatiations in 

unit risk fhctors in its proposal to amend the national emissions stand trck 

for Perc dry cleaning facilities and recognized that one significant 

contributing factor to the differences in the risk esumotes is the %ariabilin 

in the characterization of human metabolism of Perc An article h_1 

Clewell et al . (Evaluation of Physiologically Based Phartnacol.uietic 

Models in Risk Assessment : An Example with Perchloroeth\lene) 

concludes that the CalEPA model overestit7tates tracttnual ruetabolisni in 

humans . If the Department used a more appropriate estimat:~ o( Ixot~ .,i,l 

cancer risk based on this stud) and the previous t_~SEPA . il -

potential health benefits of the notice of proposal \\01.11d be sigilificaliflY 

reduced. (9 and 10) 

RESPONSE : The Department does not agree that the Cal"EPA unit risk 

factors are inappropriate . The Department uses the CalEP,1 unit ruk 

factors for all of its Pere and TC'E risk asse .,stncnt5 As noted b,. th,~ 

commenter. the USEPA also used the CalEPA unit risk factor. in addiuon 

to its own value. in the residual risk as~essment for tile dn cleaneiMa\imunt Achievable Control Teclinulog\ (NIACT) standird, tlieteh~ 

acknov,ledging the relevance of the CtiIEPA unit risk f<ictor and thc 

uncertainties of the USEI'A's ovtin value. vvltich has not Net heen added to 

the USEPA's IRIS database . 

The USEPA's Office of Air Quality Plaiming and Srtndtnr Is (OAOPS) 

uses the CalE_PA's unit risk factor tor PerL u1 its tablcs foi risk 

NEW JERSEY REGISTER, MONDAY, DECEMBER 1, 2008 (Ct"I'IE 40 'v .J .R . 6775i 
1":"Nt IRONMEN rAt- PROTI:C FION 

as,cssm~:nt, of, hazardouti air pollutants .'hhe OA(1PS tables can be li,uud 

at h ttt~:!' «~~ ~~ _e~a .~o~ 'ttn'at v~ hn~ suu rcu'suntmarv .htm l . 

13 .C0~9ML'-_ NT: The ban of' Pcrc . 7(E and VIeC'I in automotiVe 

maintenance and repair consumer products at N' .J .A .C . 7 :27-?4 is not 

nucesiar. because sc\ eral of tic potential alternau\ es to Perc . TC'E and 

Me(- ] in atitomoti\e utaintenance and repair consumer products also 

present health hazards. Yet the Department appears to have tnadc no 

independent attempt to re\iexN the potential health and cm ironmctual 

effect, of the alternati%e,~ . The only cotnparatke risk information offered 

by the Department are estimates of 'the potential cancer cases avoided a; a 

restilt of the prohibition on tile chlorinated solvenls . .Apparently . as IonL IS tile solvent isn't chlorinated no anal\,Sis iS necessary -f lie 

Dep artiri ci it's notice o1 ptvposal at 39 N .J .R . at 4496 provides a link to a 

C altiornia health adv isory regarding. one substance. n-hevane There is no 

ducu,sion by the Department regarding restricting the use of n-hevane, 

de,pite e\ idence of health effects among C alifornia auto mechanics . (9 

and 1(I) 

RESPCtVSL: As discussed in more detail in the response to Comment 

6. the Departmeni's rules restrict the use of Pere . TCE and MeC'I in 

automotive maintenance and repair consumer products based on their 

n,\ict(y, health hazards, cancer risk. risk to groundwater and soil . the 

products' usv or potential for use of Pere, TCE and MeCl and the 

availability of less toaic alternative, . The Minnesota Pollution Control 

Agency has ranked Perc . 'ICE and 1vleC) as the top three hazardotN 

ehemicLAls used in brake and carburetor cleaners . as discussed in their fact 

sheet "Selecting and Managing Wake and Carburetor Cleaners" dated 

Jill v 1998 . As discussed in the C'ARB autornotke maintenance and repair 

staff report . CARB conducted a study of the potential health impacts of 

the potential alternatiNes to Perc. TCE and MeC'1 in atttonwti\e 

maintenance and repair products . Appendix G of the CARB automotive 

maintenmice and repair staff report contains a list of poienlial alternatives 

based on the C'ARB survey . No adverse health impacts from the 

compounds on this list (other than Perc . TCE and MeC'I) were expected . 

The apparont use of benzene v, as a concern; however. upon Further 

tmestigalioti . CARB learned that, based oil the CARB sur\ey, it "as only 

used by rnle nlut,u('actturer (hn one product) at concentration, less than ttno 

pereent . 

As noted h\ the comrnenter . and discussed by the Department in the 

notice of proposal Sumtnary (39 N . .1 .R . at 4A6). the California 

Department o1' Public Health issued all advisor-, for n-hexane in \ehicle 

repau and recommended s\aitchtng to hexane-free products. especiallv 

aqueou ;-haSCd formulations . As discussed in more detail in the response 

to Comment 6. there are other viable complying alternative productS . An 

internet search by the Department of the products in the CARB 

automotive maintenance and repair staff report Appendi\ H. as well as 

other products . shrnNed sc\erai complying products that do not contain nheeane . Tlie Department also researched some of the products listed oil 

tile n-he\ane advisory as containing n-hexane, such as Berryrnan 

products . The inlernet Search indicated that several (possiblN all) of the 

products on the n-hevane advisor listed as containing n-he\ane . no 

longer contain n-hexane . No products were lound in the Department's 

Search that contained n-hexane . This leads the Department to conclude 

that after the ad\i,;ory \+as issued . manufaeturers reformulatcd their 

produrt, to rento\ e n-he\ane . 

It is not practical for the Department to regulate all hazardous air 

I,ollutants that could potentialh he used in automotive maintenance mid 

repair consumer products . Manufacturer; haNe been advised by C'ARB 

and the California Department (it' Health not to use n-hexane or other 

tmic compounds in their product formulations . Many nttmufacturers 

producc product ; . \\ithout n-lte\ane. that are sold and used nationall\ . 

The e\istence of compl\ing. non-chlorinated . n-hexane-free products 

shows if iti not neccssary for the Depcunttnent to regulate n-hevane in 

automotive maintenance and repair products at this tulle. 

1~1 . COMMENT: 11 TCF and Perc are banned in electrical equipment 

cleaners . in the cOnsumer product., rule,, at N.J .A .C 7 :27-?4 . this prescnts 

tlantmability concerns . especially on and around energized surfaces 

Sirnce these product~ are ~enerally used on and around energized surfaces, 

these prnducl: n1t,st be formttlated with non-tlamtnable compounds to 

aVoid flaslh tirC that haV2 the potential to cause serious burns. The use of 

ADOPTIONS 

these compournds . N+hich the rule, han. is necessary for the production of' 

a non-flammable product. (6 . 7. 9. 10 . 15) 

RESPONSIi: CARB addressed this same issue ill the CARB consumer 

products staff report (ht~-%/~+vctv .arb . ca.eo~!rea act/co n,l )d ht 

- 

111) . 

CARB created a separate category for "Ener~~ized Electrical Cleaner" and 

allimed products within the category to continue to contain Pere . TCL 

and or MeCI. The Department's rules also have the -Energized Electrical 

Cleanet~" category . which alluAVs these products to continue to contain 

Perc . TC'E and/or MeCl. Cleaning of' energized equipment does pose a 

risk. but flammabilitN is a lesser concern in other applications . 

In the Department's rules, product; that fall \+ithin the category 

°Energized Electrical Cleaner are required to include a statement on the 

product label e\plaining that the product i, only for use in applications 

where equiptnent is energized . The label must also clearh State that the 

product is not to be used for motorized vehicle maintenance. or fou 

cleaning vehicle parts . These stateme,vs are designed to ensure that 

chlorinated products are only used Mien approptiate and to pre\ent their 

use for motorized \ ehicle maintenance and for cleaning of motorized 

vehicle parts. for example. in the work performed Ill autornoti\e 

maintenance and repair facilities . Prohibiting the use of Perc, TCE and 

MeC'I in motorized vehicle applications is consistent \\itll tile restriction 

on the use of Perc . TCE and MeCI in automotiVe maintenance and repair 

products . also adopted in this rulemaking . Brake cleaners and electrical 

cleaners can-sometimes be used interchangeal,h . 

In addition, CARB noted in the C'ARB consumer products staff teport 

that the product labels submitted under the suney definition of 

electronic cleaner" (v,fiteh included both electrical and electrollio. 

cleaners) shovved that VOC'-containing products had the saine uses and 

precautions as those containing a chlorinated solvent. Many of' ill,,: 

e,\isting products with a chlorinated ingredient still pose a lire hazard and 

ha%e warnings and cautionat\ statements on the product labels indicatinp 

that the product is not to he used on energized equipment Users (it' 

electric cleaners should always adhere to manufacturer specified safel~ 

precautions and good work practices. Common safety precautions. a, 

"ell as good operating practices, in combination v<ith allowing Perc . ICE 

and MeCl-containing products to continue to be used to clean energized 

electrical equipment, address the issue of tlatnntabilitN . 

15 . COMMENT: If TCE and Perc are banned in autorncdive 

maintenance and repair consumer products. in the consumer products 

rules at N. .I .A .C . 7:27-?4 . this presents tlarnmability concerns . especir,lly 

for small facilities that cannot designate a defined area for brake vorlk. 

While it is true that most of these products are formulated Nkithout Perc . 

TCE and MeCl. some manufacturers use these compounds to formulate 

non-tlammahle products . There are compelling satety reasons to ensure 

the mechanics and other automotive repair personnel have the option of 

using these non-tlammable products . (6, 7. 9. 10 . 15) 

RFSPONSE: As discussed in the CARB consumer products staff 

report . in adopting the automotive maintenance and repair rule . tile 

CARB determined that there was not a tlammabilil\ issue N\ith these uses 

because of "the use of good operating practices on the part of facility 

omners . Mechanics. and technicians." CARB also concluded. as diticG,~sed 

in more detail in the response to Comtrnent 6. that non-chlorinated 

products were already in use prior to the CARB automotive maintenance 

and repair rule at nearly t\\ (1-thirds of automoti\ e maintenance and repair 

facilities and that the rnajority of aerosol products a\ ailable on the markct 

consisted of non-chlorinated VOC-based degreasers . When the California 

rule for atttomoti\e maintenance and repair facilities "as developed. 

C'ARB could find no ei~ idence of fires. injuries or other incidents related 

to the use of non-chlorinated products in automnti\e maintenance and 

repair facilities . This conclusion iNas arrived at by conducting a search of 

California statewide and national databasec, as vNell as hy makiu?= 

inquiries to fire departments and associations across the statc ot 

California . Additionally . the California State Fire Marshal's oflice 

indicated that the combustion o1~ t=~tsoline . such as from a leakinc l 

nifieantly greater~tlatrnmabilitN concern than the use of' line . poses a sipotentially flammable aerosol products . CARB also noted flint a le" 

facilities expressed concerns about the health and safety itrtpacts 01~ 

. .poison gas" formation (refetriug to phosgene and other gases) ~Nhen 

chlorinated aerosols are used near heat and flame sotnTe1 . Thereforecommon safety precautions . as v\ell as good operating practices that 

(('11 F, 40 N.,I .R. 6776) NEvb JERSE} REGISTER, ti1C)NDal , DE('ED1BER 1, 20118 
ADOPTIONS 

should already be in place to addre,s existing flammabilit~ concerns al 

automotive maintenance and repair faeilitie>, address 'the issue oi 

tlammabilitv . 

16 COMMENT: The ban of Perc . ICE and MeCI in automotive 

maintenance and repair consumer products at N .1 .A .C . 7 :27-24 is not 

necessary because the alternatives to chlorinated solvents for use in 

automotive maintenance and repair products raise the ozone level and 

could contribute to soil and groundwater contamination . (9 and 10) 

RESPONSE: Some manutacturers may, choose to reformulate products 

made with Pere or Me(] with alternative VOCs. The automotive 

maintenance and repair products being regulated under the Pere . TCE and 

MeCl restriction are also regulated under the Department's consumer 

product rules. which set VOC limits for the products . While an increase 

in VOCs may occttr due to the restriction on the use of non-VOC 

chlorinated solvents (Perc and Me(l). there is an estimated overall 

decrease in VOCs in these products, when measured against a baseline 

prior to the Department's 2004 consumer products rules. which set the 

VOC limits . The VOC benefits estimated by the Department for the 2004 

rulemalcing already accounted for the potential rise in VOCs due to a 

restriction on the use of Pere . WE and MeCl. because the estimates were 

based on CARB calculations . CARB set VOC limits for automotive 

maintenance and repair constnner product,; in 1993 . 1995, 1996 and 1997_ 

prior to its restriction on the use of toxics in autontotive maintenance and 

repair products. CARB set new VOC limits for automotive maintenance 

and repair products in 2002 and 2004, after its automotive maintenance 

and repair rule . to offset the increase in VOCs. The CARB consumer 

products rules resulted in an estimated overall decrease in VOC in 

automotive maintenance and repair products over the different phases of 

regulation . The Department adopted C'ARB's final phase of consumer 

products regulations, resulting in an overall decrease in VOC's in 

automotive maintenance and repair products . 

As discussed in the Environmental Impact statement. 39 N.J .R . at 

4507, and in the response to Comment 6, the Department anticipates that 

the restriction on the use of Pere . TC'E and MeCl will have a positive 

impact on soil and groundwater contamination in New Jersey . Ill addition 

to air-based emironmental impacts. Pere . WE and MeCl have caused 

numerous problems with soil and ground water contamination in New 

Jersey . Pere . TC'F and MeC'I are dense solvents that have specific 

gravities greater than water (they sink in water) . A review of Material 

Safety Data Sheets (MSDS) for complying products . as well as the 

estimated reforrnulation tables in the CARB automotive maintenance and 

repair staff report (htip:/I~+w,v~~ .arh.ca.g<o_\/reQact/amr/ann .htni), indicate 

that manufacturer,, are using compounds such as acetone (2 propanone) . 

toluene, xylenes. heptane and methanol as alternatives to Pere, TCE and 

MeCl . The specific gra~ity of the alternative compounds, as well ac the 

refonnulated autumotive maintenance and repair products found to have 

these products in them, is less than that of water. Municipal drinking 

water wells are set very deep to avoid contamination. If the chlorinated 

solvents . such as Pere . WE and MeCl enter the ground\\ater system . the\ 

migrate downward . This makes these compounds potentially dangerou~ 

to drinking water supplies and difficult to remediate or clean up from soil 

and groundwater. Due to their dense nature . they travel in the lovver 

aquifers and through cracks in bedrock . Some of the alternative 

compounds being used. such as toluerne. sylanes and etltylbenzenes are 

also found in gasoline . which is contmonly, found at automotive 

maintenance and repair facilities . These compounds generally float on 

water, or remain slightly soluble in the upper aquifer. Therefore. if they 

enter the soil or groundwater. iheN are generally- confined to the upper 

aquifer. Of course, contamination of soil and groundwater hv any of these 

hazardous pollutants is difficult to remediatc and as always. with good 

safety practices and adherence to existing rules. none of these compounds 

should contaminate the soil and groundwater systems. In addition . as 

discussed in the Response to Comment 6. there are other less toxic 

alternatives . such a. water-based and citrus-based cleaners . 

17 . COMMENT: The ban of Perc . TCE and MeCl in automotive 

maintenance and repair consumer products at N. .1 .A .C . 7 :27-24 is 

problematic because a ban of chlorinated solvents in automotive 

maintenance and repair products is not in the Ozone Transport 

Commission (OTC) model rule. and is not being done bti other states in 

E\\ IRONMEN7 .lL PROTECTION 

thc OTC Therefore . this ban v\ill impact intCrstatc commerce . (6 . 7 . y. 

10 . 15) 

RESPONSE : The restriction on the use of Perc . TC1. and Me() in 

automotive maintenance and repair product,, is not in the OTC model 

rule . because the OTC is an organization vNhose focus is on ozonc. 7'he 

Department's restrictions on Pere . TCE and Me( I are aimed at reducing 

toxics . rather than ozone. As explained in the notice of proposal 

Summary (39 N.J .R. at 4497), the Department's rule is based on the 

CARB automotive consumer products rule . 

The OTC' model rules contain a restriction (in VOCs in coti,~umer 

products and architectural coatings . The majority of OTC states hmr 

implemented rules based on the model rules. I lie model rules' restriction 

on VOCs is similar to the Department's restriction on to-\ics (Pere. TCE 

and MeCI). because all of the rules regulate the formulation of products 

sold in the State for use in the State. and difter from their Federal 

counterparts . New Jersey has had a State-specific architectural coatiiq, 

rule since 1990 and a State-specific consumer products rule since 1996 . 

vxhich regulate VOCs in architectural coatings and consumer products 

sold in New Jersey for use in New 

Jersey . 

Manufacturers have a choice of either selling difterent products to 

different states or making one product for all states . Some manufacturers 

choose to make difterent products for different states and some choose to 

make one product for all states . One manufacturer_ Solder Seal Gunk 

products, displays a map on its website providing guidance on where 

each formula of brake cleaner can be sold in the United States . The map 

indicates that a CARB compliant. non-chlorinated . low VOC formula 

(such as the New Jersey rules require) is also required in Oregon and 

Washington state. The company also makes available a ditferent product 

for C'alif'ornia's South Coast Air Quality Management District 

(S(AQMD) than for the rest of California . because of restrictions unique 

to SCAQMD. 

The reeulations in California have already influenced the availahilit .~ 

of non-chlorinated . lower VOC products sold nationallv . As more states 

adopt rules limiting the use of Perc . TC E and MeCI in automotive 

maintenance and repair products . more manufacturers will develop and 

sell throughout the country product,, without Perc, TCE and WC-1 . 

In taking this action . the Department is acting under its explicit 

authority to adopt rules to control and/or prohibit air pollution. including 

its implicit authority to restrict the sale of certain formulations that may 

result in such air pollution. in order to effectuate the legislative intent to 

protect the public health and welfare. These sales limitation, are faciallv 

nondiscriminatorv and do not interfere with interstate commerce . 

18 . COMMENT: The impact of the ban on Perc . TCE and Me( I in 

automotive maintenance and repair consurner products at N .I .A .C . 7 :27-

24 on small businesses . such as automotive repair facilities . was not 

properly addressed. Using California's economic assessment is not 

representative of New Jersey . Such a cavalier approach to "protecting," 

small business in the State is inevcusable, p.vticularly in light of the very 

real concerns about flamnmabilitN and neurological effects associated with 

several of the non-chlorinated solvents . (9 and 10) 

RESPONSE: It is not inappropriate to use California's assessment of' 

business irrtpact to estimate the impact on small business in Ivevv Jersev . 

The automotive repair facilities in New Jerse; are similar to the 

automotive repair facilities in California . As discussed in the rule 

proposal at 39 N.J .R . at 4506 . the economic cost to the user is antiri(inted 

to be minimal . The cost estimate is based on the availabili < <,i ~ ~ 1I . 

complyitig alternative products without chlorinated solvents . C'ARB 

found viable complying- alternative products without chlorinated -01\ Cuts 

at similar costs as the products that contained chlorinated ~:okents . As 

discussed in the Response to Comment 6, CARB also found that . 

Non-chlorinated products were already in use prior to the CARB rule 

at nearly two-thirds of automoti%e tnaintenance and repair facilities in 

California : 

Alternative products that use non-chlorinated Rirtnulations and 

alternative processes. such as aqueous-based portable brake cleauing 

units and parts vvaslrers. were in use in California prior to the C'ARB rule 

(62 to 90 percent of automotive consumer products were non-chlorinated 

and 60 percent of automotive maintenance and repair facilities used 

aqueous-based processes) : 

NEW JERSEY REGISTER, MONDAY, DECEMBER 1, 2008 (CITE 40 N .J .R . 6777) 
EN4IRON4'IE\T.4I PRO"iI:CTION 

The o\er~chchning majority of facilities in California (appru\iniatcl\ 

90 percent) use non-chlorinated carburetor cleaner. eneine degreaser and 

aeneral Purpose degreaser: 

Most manufacturers market both chlorinated and non-chlorinated 

aerosol and bulk liquid products and claim that both are suitable and 

el3ectke : 

Alternati\e products and processes are effective in cleaning and 

degreasin- based on claims that manufacturers make on the product 

labels of non-chlorinated products and on their websites : 

A study for the [:')EPA demonstrated that aqueous-based portable 

brake cleaning units are effective and less costly than chlorinated 

products : 

Based on the Facility Survey, brake _jobs performed v\ith alternative 

compounds used less product than brake jobs performed \1 ith Pere . MeC I 

or Tl E: and 

Discussions with u variety of facility operators and mechanics indicate 

that alternative products . including non-chlorinated aerosols and bulk 

liquids, are suitable and effective cleaning products . 

Using CARB economic estimates for New Jersey represents a 

conser\ative approach, because the cost estimates include initial 

retonnulation costs that do not have to be repeated in order to sell the 

products in states other than California . Also. since the C ARB rule has 

been in place since 200 1, the availability and use of non-chlorinated, low 

VOC' products in New Jersey has greatly increased: therefore, the impacts 

should be less than C'ARB estimated. By establishing rules consistent 

v`ith California's . unifortnity among the states is promoted . rather than a 

patchwork of regulations that would increase compliance costs and 

comple\ity . 

Flammability concerns are discussed in the Response to Comment 15 . 

Health concern,,, %tith alternative chemicals are discussed in the Response 

to Comment 16 . 

19 . C()MN9FNT. The Director of the Department's Division of Air 

QualitN Management, indicated in the public hearing for the automotive 

maintenance and repair rules that the reason for the rules include water 

and land contamination . This is an air rule. It is important to be clear on 

that . (9 and lli) 

RESPONSE: The Department's authority to promulgate rules come ; 

not only from the Air Pollution Control Act, N.J .S .A . 26 :2C-1 et seq. . but 

also from its general power5 at N.J .S .A . 13 :IB-3 and 13 :1D-9. N .J .S .A . 

11 :1D-9 prov ideti . -'the Department shall formulate comprehensive 

policies for the conservation of natural resources of the State, the 

promotion of environmental protection and the prevention of pollution of 

the environment of the State." The restriction on the use of Perc, TCE and 

Me( I in automotive consumer products will reduce the e\posure of 

residents and automoti\e maintenance and repair workers in New .lerse\ 

to thesc air tokics . As discussed in more detail in the Response to 

Comment 6. the Department anticipates that the restriction on the use of 

Perc. TCF and MeCl v+ill also have a positive impact on soil and 

ground\\ ater contamination in New .Jersey. As disctused in the Resprnnsc 

to Comment 6. the rules limit the use of Perc, TCE and MeCl because 

the) are closely linked to health hazards. cancer risk and contamination 

of ".troundwater and soil . 

2t) . COM M ENT: The rules that ban Perc . TCE and MeCl in 

automotive maintenance and repair consumer products at N.J .A C. 7:27-

24 inappropriatel) seek to control product use at stationar~ sources as 

part of a consumer product rule . (9 and 1(11 

RFSPONSE : Fhe restriction on the use of Perc, TCE and MeC'1 is 

primaril, a consumer product rule, requiring manufacturers to 

reformulate their products for sale in Nev\ Jerse\ . Automotke 

rnairttenance and repair facilities do use the majority of the Pere, TCE and 

MeC'l containinc automotivc maintenance and repair products : however. 

homeowners and other consumers also use them . The automotive 

maintenance and repair consumer products are generally used at facilities 

that are not likely to be controlling the off-gas emissions from the use of 

the product. Accordingly . it is appropriate for the Department to regulate 

the formulation of these products in order to reduce the toxic emissions 

that these products cause, It is more cost effective and practical to reduce 

to\ics b_v reforrrtulatinR the products, than to require each person who 

uses the products to make use of air pollution control equipment. 

ADOPTIONS 

21 . COMMENT: 'I he Department does not have the statutory 

authorit~ to start banning the use of Perc . ~f C E and MeC l through 

regulation . as in N.J .A .C 7:27-2-1. If that is a direction that the State of 

Ne%1 Jersey wants to go in . then that decision should be made in the 

Legislature and not by an agencN . (10) 

RESPONSE : The Air Pollution Control Act- specifically N .J .S .A . 

26 :2C-8. does grant the Department the "po%\er to formulate and 

promulgate . amend and repeal codes and rules and regulatiom 

preventing. controlling and prohibiting ail pollution throughout the 

State.  which includes the authority to limit the entission of certain 

hazardous chemicals in specific situations . As discussed in the Response 

to Comment 19 . the Department's authority to promulgate rules come,,, 

not only from the Air Pollution Cnmrol Act. but also from its general 

powers at N.J .S .A . 13 :1B-3 and 13 :ID-9. N.J .S .A . 13 :1 D-9 provides, "the 

Department shall formulate comprehensi~e policies for the conservatiOll 

of natural resources of the State, the promotion of environmental 

protection and the prevention of pollution of the environment of the 

State." The Department has adopted several similar rules. which regulate 

the formulation of consumer products . the use of the consumer products 

larchitectural coatings) and the use of certain hazardou" air pollutants 

(HAPs). For example, in 2004, the Department restricted the use of Perc . 

WE and MeCI in aerosol adhesives. (35 N.J .R . 2983(a), 4241(a) and 36 

N.J .R . 3078(a)) 

N.J .4 .C . 7:37-26 Adhevivrs and Sealants 

22 . COMMENT: In the adhesives and sealants rules at N . .I .A .C 7 .?7-

26, the cotnmenters support the Department's exception of container, It) 

ounces or less and the inclusion of an indefinite sell through date for 

products nmanufactured before January 1, 2009 that have a date or date 

code on the product. (1, 2. 8. 111 

RESPONSE: The Department acknov< ledges the commenters' support. 

?3 . COMMENT: In the adhesives and sealants rules at N.J .A .C . 7 :?7-

2b . the commenters support the Department's VOC limit of' 300 grams 

per liter (g/1) for 'liontnembrane roof installation repair adhesives and in 

general. also support the definition of "nonmeutbrane roof 

installation'repair adhesives ." Howe\er. the definition of "nonmembrane 

roof installation/repair adhesive" in the adhesivcs and sealants rule-, at 

N .,f .A .C . 7.27-20 .1 is confusing. since neither "nonmembrane nor 

"membrane" is ever defined within the regulation . In order to creute a 

better understanding of the product category, the definition ,hould be 

replaced with an alternate definition for "rooting and waterprooling 

installation/repair adhesive" and should include -plastic or bitunurnous 

roof' cement, bituminous flashing cement . bituminous roof adhesive and 

bituminous cold application cement, that is intended by tile manufacturer 

for use in the installation or repair of roofing systems or waterproofing 

systems and that is not intended for use in the installation or repair of prcfabricated single-ply flexible rubber roofing membranes ." 

In addition, the Department should add a definition for "roolin~ and 

\\aterproofing installation'repair sealant' as `any sealant labeled for 

application to or repah of rooting or waterproofing systems and 

establish a VOC limit of 300 g/I for the category The ue\-~ dclinition 

,;hould replace the -'nonmembrane roof installationlrepair srilunicatcgory, in order to be consistent NNith the suggested definition of 

"roofing and vN aterproofing installation/repair adhe~i\ e .- 

"Bituminous," should be defined a5 '-made from materials obtaincd 

from natural deposits of asphalt or residttes from the distill.1n .~n ~1f udc 

oil petroleum or coal which consists mautl` of hydrocarbom. and 

include, but are not limited to, asphalt. tar, pitch and asphaltites that are 

soluble in carbon disulfide." 

In order to promote further clarity in the adhesives and sealtrnt~ rule, 

at N .J .A .C . 7:27-26. the Department should include a definition ti'r 

.

.roofing and t,aterproofing installation'renair primer" with thc VOC 

limit established at 350 g/I to be consistent \\rth the architectur;tl coating 

rule and to be consistent v~ith the suggested "roofing and ~~atcrpronfin== 

installation/repair adhesive" category . (1 . 2, 8. I 1) 

RESPONSE: Although the rules do not separate l~ de tine 

. .nonmembrane" or '.membrane .- these terms are defined \\ilhin the 

definitions of `single-ply roof membrane" and "nonmembranc ruof 

installation/repair adhesive ." The definition of "nonmembrarnc roof' 

installation/repair adfteske" states that it is .-not intended I~or the 

(CITE 40 N.J .R. 6778) NEW JERSEY REGISTER, 110hDA1 , DECEMBER 1, 2008 
arnOPTIONS 

installation of prefabricatcd single-ply flexible roofing membrane. 

including. but not limited to plastic or asphalt roof cement. asphalt roof 

coating and cold application cement." "Single-ply roof' membrane" is 

defined as "a prefabricated single sheet of rubber. normally including. but 

not limited to ethylene propylenediene monomer (EPDM)." 

The Department has not made the suggested modification on adoption 

to the definition of' "nonmembrane roof installation/repair adhesi~e" 

because the suggested definition is not consistent with how adhesives are 

regulated elsewhere in the rules . However . to clarify the existing 

definition of "nonmembrane roof installation/repair adhesive ." at 

N. .1 .A .C 7:27-26 .1 . and to be consistent with the CARB and the 

Department's architectural coating rules . on adoption . the Department is 

changing the term "asphalt" to "bituminous" and adding a definition for 

"bituminous" that is the same as that in the Department's architectural 

coating rules . N.J .A .C . 7 :27-23 . The Department is also removing the 

reference to "asphalt roof coating" in the definition of "nonmembrane 

roof installation/repair adhesive," at N .J .A .C 7 :27-26 .1 . Asphalt roof 

coatings are regulated in the Department's architectural coating rules at 

N.J .A .C . 7 :27-23 as "bituminous roof coating" with a VOC limit of 3()0 

g/l, the same VOC limit as in the adhesive rules at N .J .A .C . 7 :27-26 . The 

modification will eliminate any conflict between N.J .A .C . 7:27-23 and 

26. 

Since the Department has not added a definition for "roofing and 

waterproofing installation/repair adhesive." there is no need for a parallel 

definition of "roofing and waterproofing installation/repair sealant ." 

However, since there is no specific definition of "nonmembrane roof 

installation /repair sealant." the Department is modifying the defined term 

"nonmembrane roof' installation/repair adhesive." at N.J .A .C . 7 :27-26 .1 

to include "or sealant ." 

Regarding primers. there is no definition of "nonmembrane roof 

installation/repair primer" in the Department's adhesives and sealants 

rules. The Department does not see the need to add a definition o1 

primers because they are already regulated in the Department's 

architectural coating rules (N .J .A .C 7 :27-23) as "bituminous root' 

primers." The Department's regulation of "bituminous roof primers" at 

N.J .A .C . 7 :27-23 is consistent with CARB~s Reasonably Available 

Control Technology (RACT) and Best Available Retrofit Control 

Technology (BARC'T) Determination, developed in 1998 (CARB 

adhesives and sealants RACT). 

24 . COMMENT: If the Department adds the definitions of "roofing 

and waterproofing installation/repair adhesive" and "rooting and 

waterproofing installation/repair sealant" (see Comment 23 above), [lie 

Department should amend the definition of architectural sealant or 

primer" to prevent an ambiguity . (1) 

RESPONSE: The Department has not replaced the "nrnimembrane 

roof installation/repair adhesixe and sealant" categories with the new 

categories suggested by the commenter. as discussed in the Response to 

Comment 2:. The Department has also not added a new category for 

`'roofing and waterproofing instal lation/repau-primer,' as discussed in tile 

Response to Comment 23 . Therefore. ambiguity between the suggested 

modifications and the proposed rules is not an issue. 

There is overlap hctween the definition of "architectural sealant and 

primer" and the definitions of other rooi~ sealants . There is also overlap 

between the definition of "architectural sealant and primer" and the 

definitions of other stationary structure sealants and sealant primers. 

Some products will meet the definition of "architectural sealant and 

Primer" in addition to a more specialized category . 'This could lead to 

confusion as to what VOC limit applies if a product fits within more than 

one category, to which different VOC limits apply. On adoption the Department is adding . at N. .1 .A .C . 7 :27-26 .3(j) . "For 

an architectural sealant or sealant primer that also falls within the 

definition of a marine deck sealant . notnnembrane roof instal lation'repair 

sealant, roadway sealant, single-ply roof membrane sealant or marine 

deck sealant pritner . the highest VOC limit shall apply . unless tile 

manufacturer market~ the product as for more than one use. in which case 

the lowest VOC limit shall apply ."' This modification makes it clear that 

if a product fits the definition of an architectural sealant or sealant primer, 

as well as the definition of one of the other sealant or sealant primers, the 

highest VOC limit applies, unless the manufacturer markets the product 

for more than one use . in which case the lowest VOC limit applies . 

ENVIRONMENTAL PROTE(A [ON 

Thc modification is consistent with the treatment of products that fall 

\Nithiti more than one product category ill tile Department's c0lisurrier 

products rules at N..I .A .C . 7 :27-24 .4(g) and architectural coating rules Lit 

N.J .A .C. 7 :27-23 .3(b). Under those rules. if a product is marketed a, 

suitable for use as a product that falls within more than one product 

category . then the lower VOC content limit applies. 

25 . COM'v1ENT: In relation to the adhcsi\e_, and sealants rule,, at 

N.J .A .C . 7:27-26. the Department should base its decisions and rule 

de\elopment within its own climatic region . Climate differences have tile 

ability to impact the application. performance and storage of water-based 

products because of low to freezing temperatures . high relative humiditN 

and frequency of rain . dew and/or snowfall . Water-ba,cd, low V(-)(' 

products that perform well in California may not perform as well in Ne%\ Jersey . The average precipitation in New .lerscy is significarttly higher 

than in California . The Air Districts in California . which experience snow 

in the winter and/or have cool damp springs and falls, do not generalk ~ 

regulate adhesives and sealants at all . (1 . 2 . 8, 11 ) 

RFSPONSE: The commenters~ discussions regarding climate 

differences and application and performance issues with adhesives did 

not specifically state that any of the VOC limits established for adliesives 

and sealants in the rules would not be feasible due to climate issues . The 

Department's evaluation of the VOC limits indicates that the limits art 

feasible in New 

Jersey . 

Similar climate conditions. such as lumudit\ . extreme high and low 

temperatures . cold climates and freeze-thaN cycles, can be found in both 

California and the Northeast. including New Jersey . California hw. 

numerous air districts that have adopted adhesives and sealants rules similar 

to New Jersey with extreme hot and cold temperatures . temperatures below 

freezing and freeze-thaw cycles . Thirteen California air district-, have 

adopted adhesives and sealants rules similar to the New Jerse_v rule . Se\ en 

of the districts are located in the northern part of the state. Three of the 

districts. Placer, Shasta and Tehama, are north of' San Francisco. 

Information obtained from the Western Regional C lirnate Center . shows 34 

monitoring stations within California air districts that haNe adopted 

adhesives and sealants rules (32 stations in districts with a single-ph 

roofing adhesive VOC limit of 250 g/I) . where the minimum temperature 

was below 32 degrees Fahrenheit . ranging from one to 222 days annually . 

for the period from 1971 to 2000 . Elelen monitoring stations xn-ithin 

California air districts that have adopted adhesives and sealant', rules sltrn\ 

that the minimum temperature was below 32 degrces I ahrenhcit ranl;inw 

from 55 to 222 days annually, for the period from 1971 to 2000 . lhc 

Department reviewed climate data for the cities of Auburn (Placer), Burncy 

and Redding (Shasta) . and Red Bluff (Tchama) located in these districts . 

While average monthly temperatures for New Jersey are sornewhat lower 

than in these districts . the average monthly low Wlllperaftlle~ in tile 

California districts for the months o1 November through March alvo I'IlIl 

below 40 degn~ees Fahrenheit . 'The Sacramento Air Ouality Managetnerni 

District has a history of low temperatures below 40 degrees Fahrenhcit 

during eight months of the year and experiences an average low of 40 

degrees Fahrenheit during December and 41 de2rees Fahrenlreit during 

January . ( httti ://titivyr .weather.com'weather/w~climatolu_gv/monthl~/ ~ h/ 

U SC A0968°f rom=search ) . 

The average annual rainfall for Trenton and Newark. New 

Jersey . i, 

higher than California : however, the monthlv average rainfall 

experienced in California for the months of November through Mtirch IF, 

significantly higher than that of New Jersey . Thus . it' tic ~tar.f :!'. ui 

California in the months of' No-,ember to March does not make a product 

unusable . the product should not be unusable in the lower average rainlall 

in Nev` Jersey . 

In addition, manufacturers of mail,,_ solvent-based products 

recommend that the products be used when the temperature is above -ltl 

degr=ees Fahrenheit, similar to their water-based counterparts . ~tlicrefcne . 

the recommended usage for e\isting non-comply inL products i, ~.imilaf to 

that of complying products . 

26 . COMMENT: In relation to the adhesive, and ticalant,, rule ; at 

N. .I .A .C . 7 :27-26 . CARB has acknowledged in its 20(17 Suge.estcd 

Control Measures (SCM) for Architectural Coatings . lection ". 

Subsection 3. that climate diflerences have the ahility to impact the 

application of water-based products because of low to freczaq, 

'SEW JERSEY REGISTER, MO'S'DAI, DE( EMBER 1, 2008 (CITE 40 N.J.R. 6779) 
G\N IR0WE\I ai . PROI L('T10\ 

tem)~et'xturu . hich rclatu~e humidit_\ and treyucnc~ of rain_ &\N mid or 

<num full (_' turd i I ) 

Rl.SPONSE ' I lie portion of the CARB At clutcctural Coating SC %I 

~tatf rcport yuot:d b~ the cortuncrntcr is rLlated to the us : of %Wter-bascci 

"etnul~iun" bitwntnous rent coatingr. . 'file discusSiun is ba ;ed on 

C .ARB~s propo,al to lu\tier the V( IC limit for "bituminous roof coatinluv" 

fioin 300 gd to 5(1 r±, I ti'OC limits iur such coatings are beN ond tile sLop': 

of this rulernahinL. 

In addition . C.ARt3 also states if-, the same section of the staff report 

that both solvent-ba,ed and ~\ater-based biturninous produets are usuall\ 

sensitive to antbient tetnpcatures outside the range of 5(1 to 120 degree, 

f altrcnheii and should ne\er be subjected to freezing lernperatutes. 

Numerous air districts in California have adopted adhesives and sealant; 

rules and architectural coating rules similar to the rules the Department iS 

adopting . The Calilornia districts e,,perience e~tretne hot and cold 

temperattares, ternperatures belcw< freezing and ti'eeze-tha\\ c\ cle~ 

4ddittonal discu,~ion regarding climatic conditions in Calilrnnra and 

Ne~+ 

.let-,e% call be found in the Response to Comment 25 . 

27 COMMENT: In relation to the adhe~ives and sealants rules at 

ti .J .A .C' . 7 :27-26 . the Departmenl is tirllu\\ing the lead of CARB %+tthout 

de\cloprnf Ne~% Jerse~ specific scientific and/or economic data to 

meastu~C tile succesS uf the program. (1 . 2. 8 . 1 1 ) 

IZF.SPONSE. The adhesives and sealants rules are based on the 

C,al2B s adhe,ives and sealants RACT. which "as developed after yeara 

ot extensive research bv the SCAQMD and the CARB that vvould not be 

practical to duplicate. The technological feasibility. benefit calculatiuns 

and econotntc calculations are based on the best a\ailable data. ~\hich are 

tile CARB data . It is appropriate fur states to work together to consent 

resources. to aNoid duplication of effort and to encourage unifonnit\'. For 

the same reasons. it is appropriate to rel\ on data fi'otn the USEPA. the 

C.ARB or a state that undertakes research on a Subject. 1 he ozonc 

pollution problems fit California are innre severe than those of- Nev\ 

Jerse\ . This result, in California's promulgating rules to reduce ozone all 

concentrations Ne\\ Jerse\ and other states benefit from the studies and 

reeearch done b,, (ARB in de\eloping theso rules. 

Since the rules are implemented in Califrrntia first . portions of the 

regulation Ih,it might he problematic or unachie\able ha\e ah'ead\ been 

identified and updated. Therefore. NevN Jerse\ and other states lool, to 

established California regulations as models for implementation to reduce 

Pollution . 

The Departniernt believes that the California data and rule: are 

appropriatc lot- Nev; .lersev . The adhesi\es and sealants markets are 

similar. but do not h.ne to .be identical for the rule ; to be approptiate. 

Usine C'ARB's economic estimates as a basis tor the Nev, Jersev 

economic analvsis represents a conservative approach, because CARB ' s 

estimates include initial reformulation costs that do not have to he 

repeated to sell products in state, other than California . AClunl cotit; in 

Neti\ ler,e) are likelN to be lu~ser than CARB estimated . (See Ecnnumtu 

lrnhLtct, =y N .J .R at 45(l~ .) B) establishing rules consistent \\ith 

California-s . uniforrntitN aurung the states iS promoted . rather than a 

patch\\ork of regulation ; that would increase compliance costS and 

comtplc \il\ . 

'_R . COMMENT: Regarding single-pl) roofing adhesives. regulated in 

the adhzsi\es and sealant~ rule, at N.J .A .C . 7.27-26 . although the rubber 

roofinr indusu'v ha ; deNelopzd lo\\-VO(' adhesive~ and ~ealants that are 

suitable Ionr ef1ecti\c installation durttnc the late spring . sutrnrter and earl) 

(all in Nc~~ ~~Jer<e) . there is no cutrentl\ availahle technolot_v that can 

suppletrtent the need for lvgh-VOC adhcsi\es to bond ~the rubbet 

membraute tO YOM' substrates during file colder months of the vear . The 

CARB rule \sas develnped in a ee~6on in the United States \\ith climatic 

and econcmntc factors that difler significantl\ front tile Northeast . Thv 

a\era~e miliirnum dailN tetnperatures in Calilurnia usualIN exceed 40 

decreeS Fahrenheit . the nvnintmt temperature for use of compliant 

proJuctI . The average minimum tentperatttres in Ne~\ Jer,e~ frotrn 

Ociober tltrouCTh April are eithet well belo\\ or barely ill tile luillinwill 

operating temperatcu'es required lot cunent VOC compliant toofinp 

ntembrane adhesi\es. Vvmd zone ; in California rarel` evceed 7(I milc, 

pet hour : ho\sever . Ne\\ .lerse~ ruutiuely evperiences winds as hip-h as ()() 

to 1(IU miles pet hour . Roof cv .teuts are e":pectcd to perform to a Much 

lii<zhn Ir\cl . 

ADUPII()\ti 

I he L)epau-tmcnt ;hr,uld h;t\c a seu,onml app,uach to lire reeiilatiun . 

requiring Io\~~-VOC adhesive, durinu tile r,antner 0zurne sca,on montl1>. 

continuina to allo~\ high-VOC' adlie,i\e~ during tile culdcr niontlt' 

oul>ide ol the uznne season . %Aithuut this tuppr()ach . ill c rule' maN 

sicniticantl\ impede the roofing urciu~u'_,5 effecti\ene;s in kcepin` 

bttildings dr.N and allo\\ inr corn rncrcial Cot structton to procced uri a \ ctu'- 

round basi<. The two-season approach has ah'ead~ been propo.ed lot the 

asphalt pa\itig industr; ill C'onnecticut. and tlris should be used a, a 

model . 

Irn addition . there should be a transitional period trom 2009 lto 2011 to] 

the nonths during \~~lnch a 25(I g,'I VOC lintit applies. ui ordei to alim~ ~ 

coinntercial roofing contractors to train thcir crews during the optimal 

months of tile ozone season and eKl~rnd fill ., c,~ptn-icrico: into the Icy, 

optintal tnonth, (4. 5 . 12) 

?9 . COMMENT: Regardmg single-1-6 rootink adhcsi\cs, regulated iii 

thc adlresi%es and sealanis rules at N.I . .A .C . 7.?%-26, \se are pleated tc~ 

shale with \ oil the fact thal tile (-'On) "ticut Department u t 

Gnvu'onmental Protection has made public then- agencNs dectSton to 

postpone the cornplete phase-out of non-compliant adhesi\ es and sealaul, 

until 2012 . They are limiting the ban to the fi%e ozone montlts of N1a~ 

through September. We urge you to consider this transitional period ill 

,rnru-reg,ulation as well . (4) 

RESPONSE TO COMMENTS 28 AND ?y . Iu recognition of tile 

indusir~~s need to train persotuiel. and the need to develop addition,il 

complying products . the Department is modif_Nin= the rule on adoption to 

add NJ A.C . 7:27-26 .4(lt) through (k)_ to allu\\ additional tintc for 

compliance uwilh the single-ply roofing adhesive category during the nonozone season . Tile Department will phase in the 250 g'1 VOC 

requirement uver three years. For this product category onIN . ill 2001) the 

rule,, will require the use of compliant product durin"I the mouths of Juuc. 

.lul\ and Au=uSt. In 2(110 and 2011 . tile rules '.Nil] require tile Use Of 

compliant product durine , the montlts of May through September. In 2(11_' 

and thereafter, compliant product \\ill be recluired \ear-ruund . Thi, 

addresses the industry concern about training, installers . It also gi%es tinte 

for introduction of ne~\ products to increase the Selection of axailahle 

complying products . As modified- the rule,, are consistent ~~ith 

Counecticul~s "Post Hearing Final Draft of Regulation" dated June 

25 . 

2009 . fhe rules are also consistent vvilh di`cus5ions that took place %Nith 

the industr\ regarding this issue durulg the ( )T(_ Model rule process. 

The anticipated etrvirunntental benefit; of reducing VC1C) dUtitle, tile 

ozone season from adhesives and sealanlti wuuld still be achie~ed . The 

adopted rules require the use of compliant product during tile ozone 

Season . 

N .I .A .C . 7 :27-26 .1 is also modified nn adoplion to add dcfirutions tirr 

distributor, retailer and retail outlet, \shich are the same as the detinilions 

in the e\isting consumer products rule ; at N. J, .4 C. 7 :27-24 .1 . These 

tcrrn; are used in N. .I .A .C . 7 :27-26 .4(h) through (k). as added on 

adoption 

A permanent seasonal approach is not appropriate . ~uch an approach 

\tiuuld create an unreasonable burden on suppliers. retailers and 

Department enforcement. Further. cotttpl' \ ing product, and different t)pes 

of roofulL are currentl~ available . lhe Departunent revie\\ed producl 

applicationisl)ecification literature lot- both water-hased and Im\ VOC 

I,PDM bondin_ adhesives (John Mamilie. Ver,ico, Carlisle S~nteci. Thc 

Ilepartn'rent found nu significant of tfferencc in the Ill cuiuct 

application/specification sheets with regard to minimum ieinp~r::uu'~~ 

recommended for use of either solvent-based loon-contplianl) or \\atcl--

based (compliant) bondine adhesbes . Both pruductS recommended use at 

temperatures of 4(1 degrees Fahrenheit or greatcr. making thznt )Oil, 

appropriate for use in NeoN 

Jersey under Similar cltntate conditions . 

The seasonal approach of the asphalt pa\ inu ruie ; doc~ not hroN idc at' 

appropriate permanent model for reculation of adhesive ; and ,ealant> . 11, 

Ne%\ Jerse\ . the asphalt pa% ing rules reculate the u5er of the prnduct ()I"\-

not the manufacturer or seller . The adhesives and sealants rules rc=ulat. 

the manufacturer . seller and user of th,~ product 

Additional discussion regarding climatic conditions in Califorrtist ~trn .i 

Nevv Jersey can be found in the Response to C otntnent 25 . 

;(I, COMMENT: The adhesives and sealants rule, at N .I .,A C . 7:'7-21' 

reculate the supplier of a product. but it is unclear if the tern "Sul'I'licsand 

"suppl~" mould appl~ to HA2MAT pharmac)-tNpc operation" lit 

(C1TE. 40 1 .J . R. 67811) NEW JERSfa REGISTER, MUN DAY, DECEMBER 1, 2008 
ADOPTIONS 

nulitan installations. HAZMAT pharmaciee, on militarN in5tallatirms 

order. purchase . recei\e. approve and process all requests lot- hazardoLl" 

materials bN the various organizations on an installation . The 1-IAZMA'1 

pharniacy then "supplies" -the various organizations on an installation 

with requested specific amounts of a particular hazardous material lot -

use. It is recommended. therefore. that the Department include a 

definition for "supplies" or "supply" or pro\ide written response 

clarif\ing vtihether the ternts \%ould apply to hazardous material 

(HAZMAT) pharmacies and similar type operations at militarN 

installations . (13) 

RESPONSE: These HAZMAT pharmacies are not '-sellingo" products 

for use in Nev, JerseN : accordinglN . theN are not considered "suppliers ." 

The rules regulate persons who "supplN . . . for sale in Nev< JerseN ." The 

distance between tile terms "supplN" and "for sale" maN create confusion 

to the public. The Department is modifying the rules on adoption lot -

clarification, 

As proposed 

in response 

in Subchapter 

to this comment . 

26 . the rules applied to a person \\ho 

,,supplies . offers for sale or manufactures for sale in Ne\s JerseN ." 'The 

Department is modifying both Subchapter 24 and Subehapter 26 on 

adoption to make it clear that the rules regulate a person ).rho supplies the 

products for sale in New Jersey . 'The modifications are at N.J .A .C . 7:27-

24 .4(a), (n), (p). (s). (t), 24 .8(a), 26 .2(a) and 26 .3(b). The definitions for 

distributor, retailer and retail outlet. added on adoption to N..I .A .C . 7:27-

26 .1, will also help clarifN the role of a distributor. The Department's intention in promulgating the rules is to ensure that 

compliant products are used in Nev< Jersey . The manufacturer is 

responsible for selling complying products for intended use in Nern 

Jersey to the purchaser . 

31 . COMMENT: In the adhesives and sealants rules at N.J .A.C . 7 :27-

26, manufacturers should be required to include both the maximum 

"allowable" VOC content and the "actual" VOC content on the label . to 

enhance the ability to determine compliance of adhesives . sealants . 

adhesive primers or sealant primers . If manufacturers are allowed to 

include only the maximum '*allowable'* VOC content of a particular 

product, then ho\j would a person know if the product is compliant' (13) 

RESPONSE: The maximum VOC content label on the product can be 

used to determine compliance . These adhesives and sealants rules. as well 

as the existing architectural coating rules at N. .I .A .C . 7:27-23 . require the 

label to state the '-maximum or actual VC)C content of the product.-- not 

the maximum "allox~~able" VOC content. Manufacturers usually label 

their product as less than or equal to the Maximum VOC limit to shm+ 

compliance v<ith the rules. Many manufacturers do not want to label a 

product vA ith an actual VOC content, because there is small variabiliq irn 

VOC content from product to product that cannot be avoided. TheN 

cannot guarantee that each product will have the same VOC content. 11' 

the product's VOC content does not match the label. the labels would he 

inaccurate, which could place tile manufacturer in violation of the rules i1 

actual VOC content labeling were required . 

32 . COMMENT: In order to qualif\ for one of the adhesives and 

sealants rules de mlhtirrtis exemptions at N .I .A .C . 7 :27-26 .4(c) and (d), a 

facility has to maintain rnonthly records, although the requirement for the 

exemptions is based on the use of the regulated products for a calendar 

year . It seems more appropriate to either demonstrate compliance based 

on calendar year records. or change the exemptions at N . .I .A.C 7 :27-

26 .4(e) and (d) to be based on 12-month rolling thresholds . (13) 

RESPONSE : Maintainine records on a calendar-year basis. rather than 

on a monthlN basis. vould prcn-ide sotne relief in administratke 

recordkeeping. Hovvever, using a calendar year (once annually) 

recordkeeping approach does not allow the users to determine if tile 

exemption quantities for norn-compliant materials have been exceeded 

until after a violation occurs . Mouthh recordkeeping, as required at 

N.J .A .C . 7:27-26 .4(cl and (d). benefits the users by providing meaningful 

usage information to the users for planning and scheduling purposes . and 

alerts them in advance to the potential of exceeding the exemption 

amounts . In addition . this same monthly information Nould be available 

for inspectors to make compliance evaluations . The Department does not 

see the necessity for a 12-month rolling average threshold- as this makes 

the exemption harder to contpl) with and expands the recordkeeping 

requirements . Also. it is beneficial to he consistent \aith CARB and other 

states . The requirements at N.J .A .C 7 :27-26 .-1(c) and (d) are consistent 

ENVIIZONME'N rA1 PRCrrEC l 10% 

\\ith the CAR B's Reasonabl ". Avatlable Control Fcchnolu2\ (k-~C I ) al cl 

Best A\ailable Retrolit Control lechnolog\ (BAR( I1 

_ 

I)ct ::rmrnntian . 

dz\eloped in 1998 . By establishing rule, consistent ~~ith Califurnitr r,_ 

uniformit\ arnong the states is promoted. rather than a patch,\orh nl-rulc, 

that Nrould increase compliance costs and cornplexitN . 

33 . COMMEN7 : The sell-through pro\ ision in th :: adhesivc~, and 

sealants rules at N..I_A .C . 7:27-26 .3(t). v<hich allo\\- non-cumplyirl e 

products manufactured prior to .lanuar\ I . 2009 to be sold ,tfter .lanuarN . 

2009 if the\ displaN a manufacture date or date-codc. Should be ch~amged 

to allo\\ sell through of the products even i I the_\ do not displa~\ a date oi 

date-code. If not, this could create stockpile o1 products that ueed tu hL 

disposed of as potentially hazardous waste. ( 13 1 

RESPONSE : It is not the intent of the Department to create stockpile ; 

of product that need to be disposed of. That is \~ hN the Department lids 

provided, in its adhesives and sealants . consume, product= and 

architectural coating rules. More flexible sell-throueh pro~iuious than Ill 

the Calilornia models . The California rules and modelS requite that noncomplying products be sold v,ithin threc years for consumer products and 

architectural coatings, one year for the prohibition of Perc . JCL all( ; 

Me(-1 in automotive maintenance and repair products and one year lot the 

prohibition of paradichlorobenzene in solid air freshener and toilet/urinal 

care products . The CARB adhesives and sealant,; RACT provided no sellthrough provision. 'The Department has provided an unlimited trmefraulc 

sell-through pro\ision for the VC1C regulations for consumer product ., 

architectural coatings and adhesives and sealants . Regardmg thc 

restriction of Pero . TCE and MeCl in autornotive inaintenanec and repair 

products and of paradichlorobenzene in solid air freshener and 

toilet/urinal care products, the Department allm\s non-compl~mc 

products to be sold for three tears after January I . 20tlct . (See N. .I .A .C . 

7:27-24(o) and (s) .) There are no restrictions on use of tile producla 

manufactured prior to January 1 . 2009 . 

It is not practical for tire Department to change the sell-through 

provision to allov, sell-through of products \vithuut a date or date-code on 

the product- because then the Depariment would not be able to deterrninr 

if neti non-complying products vvere being manufactured and sold atiL .1 January 

1 . 2009, without dates or date-codes . Based on pre\iou~, 

conversations with manufacturers and tradc cvuanizatirms. ill(: 

Department belie\ es most of the regulated constuner products haN c a date 

or date-code oil the product. The date-code IS u,uall_~ incorporated into a 

batch code that has other information associated with it . such a.ti batch 

ntnnber and place of manufacture. 

Neither the OTC nor the Department receked comntent~ fiomi 

manufacturers or trade organizations that they anticipated tile scli-throu"ll 

provision would be a problem due to date-coding On Ih(: conlrar\ . thL 

Department received positive feedback from trade organizations oil tile 

inclusion of sell-through provisions in the consumer product, rules. 

Date-codes are not as easil) interpreted as date,. Ba,ed on request< 

from consumer product manufacturers. the date-codes are allo\ned in hcu 

of the date in California's, and the Department's . ccrrnsuuIer Inoduct rnle; 

Retailers. suppliers and users for compensation need to communicaic 

with the manufacturers. either verbalk or in vtriting. to enSUI-L 111c) arc 

being supplied and are selling appropriate compliant products . 

34 . COMMENT: State rules regulating industrial adhc,;i\z.-, arc 

unnecessary because some .stationar\ source companies that use rn(Iustrral 

adhesives are atready regulated throu2h tacilit) operatin(~ permit,, 

Regulation under another rule, such as N .I . .A .C . 7:27-26, i~ rn!n, . _ 

and makes regulation more complicated. Some companies alxo lace 

compliance Nvith the Federal miscellaneous metal surface coatirre MA(' I 

Compliance \~ith the MACT is based on a 12-montlr rollrng cn~erage . .4t 

times the plant can use adhesives that ntay exceed the ret,ulaton limit. as 

long as they compensate for these overaacs bN ti`ine materials for othMr 

applications that are significantly bclov, the limit. If re,tricted to ill,! ne~\ 

adhesive limits. facilities complyiug \\ith a 12-month rolling a\cragc. 

ma) not be able to conmph and may ha\e to install a conu-ol deNice 

Costk controls ma) force companies to nto\e to another statc or cease 

operations . The only real solution is increa,ed use ot ayueou, or nonVOC containina adhesives. but after a user has installed control de\ ice, . 

there is little incentive for thetn to evaluate and substitute thcne t3hc ol 

adhesi\ es into their processes. Better to regulate at the fa :ilit\ leN el . than 

at the adhesive category level Also, the use 01' control denrcc, `\ill 

NEN' JERSEI REGISTER, ',Vlln\DAl, DECEMBER 1, 2008 (CI-IF E 40 N .,I .R . 6781 t 
L\N IRO\NtE\7'-IoL PROTE:( I 10\ 

increase C'O: emil~ .ic,ns and con5wnption of natural rc5uurcu ; . crcatiu~ a 

sluti in em ironmental problems . (3) 

RESPONSE: 1 he ne%N adhesives and sealants rules at N .l .n .C . 7:27-

'_6 are more specific to adheskes and sealant,, products than are the 

Deparuncnt~s surface coating rules at N.J .A .C . 7:27-16 .7 . v~fiich include 

adhesiN rs in a limited manner and also ha% e utiage exemptions . The new 

adhesiNes and sealants rules are intended to be more restricti%c than 

e-~isting Department rules, in order to further the Department's goal of 

reducing VOC emissions. III. Federal MACTs regulate HAPs. not total 

VOCs. 

A product rule . as opposed to a facility le~ el rule . is necessary because 

it regulate,, the use of' products that cannot be reQulaled at the facility 

level. 7-he adhesives and sealants rules regulate not only products that can 

be used at stationary facilities, but also products used in the field. where 

controls cannot be installed Reformulation of the products is the best 

way to reduce VOCs from products Nvhere controls cannot be installed. 

It is estimated that 95 percent of the emissions being regulated in the 

Nex\ Jersey adhesives and sealants rules are from non-stationary -'area" 

sources . These are sources that are not subject to permit, such as rooting. 

NNood floor and carpet installations . Stationary facilities have the option to 

either u,e reformulated products or install controls . 

The best solution is the use of water-based. low VOC products . If a 

facility has an existing control device . this does not eliminate the 

incentive to use these products . If a user can save money by, shutting off a 

control device and using a water-based adhesive. the cost savings is the 

incentive. 

Facilities that use reeulated adhesives and sealants and are already 

significant sources of' VOCs are likely to have existing control devices 

required under New Source Review and "State of the Art" provisions of 

existing New Jersey VOC rules. Facilities that do not have control 

devices and use regulated adhesives and sealants will most likely comply 

bp purchasing reformulated products that corrtply with the new rule VOC 

lirnits. rather than install ncvv control,.; . It' aew controls need to he 

installed in ordei for a facility to comply with N .J .A .C . 7:27-26, the 

reduction of V()Cs is a positive environmental benefit. even taking into 

account enei,ey consumption and associated emissions from control 

de\-ices . 

3~ . COMMENT: Consistent definitions are needed in state rules 

regulating industrial adhesives. For example, the Federal miscellaneous 

Metal surlace coating ,MACT at 40 CFR 63 .3981 defines certain adhesive 

product,,, as "rubber to metal coatings ." rather than "metal to 

urethaiie%ruhber molding or casting adhesives" as used u1 N .J .A .C . 7:27-

26 . Since many of Our cu-tomers are already familiar with the Federal 

miscellaneous metal surface coating definition, it would provide 

unambieuous applicability . (3) 

RESPONSE . Consistency and uniformity are important. The 

Department is adopting the OTC model rule language for adheeives and 

sealants with as little change as practical to be consistent with the rule ; 

implernenled by other states in the region and the air districts in 

California . When adopting a consumer product rule . uniforrnity i, 

important to the nail ufacttn'ers of the products, to reduce compliCtions 

and confusion regarding producing different products for different states . 

Ne\N Jersey has been an actixe participant in the OTC' model rule process 

lor consumer products, -architectural coatings and adhesives and sealants . 

However. states have the authority to adopt their own rulemakings and 

differences \sill be encountered from state-to-state and with the Federal 

rules. Unlike the OTC and Department rules. the Federal MAC-1 

regulates HAPs. not total \'OCs. Also note . the existing definition of 

"coating Of miscellancuus Metal parts and products" in the Department's 

rules at N.J A.C 7:2"'-16 etcludes adhesives. 

_,6 . COMMENT : In order to compl,, with the new adhesives and 

sealants rules at N.J .A .C . .' .27-2ti. our customers (stationarv facilities) 

would need at lea~t I8 months from the time a new re ;ulution is 

promulgated until the date of compliance . This is the minirntnn period 

n.cded for eithei mdterial Substitution or installing controls (3) 

RESPONSF : Ac discussed ah<w c in the Response to Comment ',4 . tile 

Department b::lie-~es that facilities that do not have existing control, and 

are using reeulated adhesives and sealants will most likely complN hy 

purcha ;ina refornntlated product~ that comply Nsith the nevN VOC Itntit5, 

rather tltan installinf ne\~ ~ e.vpcnsise control,,. However, the Department 

ADOPTIONS 

is adding N .J .A .C . 7 :27-26 .-t(l) on adoption to allo\\ an additional 18 

motuths from the operative date of the rules for those facilities that need to 

add ne« controls to comply with the rules. A facility may determine that 

it needs to install ne\N controls to compl\ \v ith the regulation . rather than 

use material substitution . Installation of ne\+ controls is an option under 

the rule as proposed . If new controls are required . the facility will not 

have enough time to install the controls before the operative date of the 

rtil es . 

The Department is not extending the compliance date for facilities that 

do not find it necessary to install ne\N controls . An additional 18 months 

is not necessary for material substitution . There are complying productti 

available and industry has had adequate notice of these requirements . 

based on promulgation in California of similar requirements, outreach 

during the OTC process and rulemaking by other states who have 

undertaken rulemaking consistent with the OT C model rule . 

37. COMMENT: "Reactive adhesive" - is defined in the consumer 

products rules at N.J .A .C . 7 :27-24 .1 . but not in the adhesives and sealante 

rules at N.J .A .C . 7 :27-26 .1 . These types of adhesives are frequently used 

in industrial settings . Several large adhesive suppliers obtained approval 

from USEPA for a special VOC test method for two-component reactive 

adhesives . The method, set forth at Appendix A of the Plastic 

NESHAP (Subpart PPPP). should be in the Nev, SurfacoCoating .lerse~ 

adhesives and sealants rules in order to demonstrate compliance to the 

very low substrate specific limits called out in N.J .A .C . 7 :27-26 .3(i) . (3) 

RESPONSE: The Department is adding N.J .A .C . 7:27-26 .6(a)3 on 

adoption to include 4(1 CFR Part 63 Subpart PPPP, Appendix A, National 

Emission Standards for Hazardous Air Pollutants . Surface Coating ot 

Plastic Parts and Products, Determination of Weight Volatile Matter 

Content and Weight Solids Content of Reactive Adhesives (MACT) as am 

allowable test method option to determine VOC for reactive adhesive~ 

This method has been accepted by the USEPA as a test method to 

determine VOC for reactive adhesities in its Plastic Parts and Product,. 

MACT. The proposed rule identified USEPA test method 24 be used to 

determine VOC and solids content of' adhesives . The rule . as adopted, 

allows either of the USEPA-recognized test methods for the 

determination of VOC and solids content of adhesives. 

As discussed in Section 1 .0 of' the reactive adhesives test tuethod 

recommended by the commenter. USEPA test ntethod 24 allovvs multipart reactive materials to cure before heating, but they are uncovered, In 

the test method the cotnmenter recommends, the sample is covered. 

,xfiieh is more representative of real life conditions in which rea~Ake 

adhesives are applied to a single surface. but are usually then quickly 

covered with another mating surface to achieve a bonded assembly . Some 

of the VOCs react to form solids and are not emitted to the atmosphere . If 

left uncovered. the reaction is inhibited by the presence of oxygen and 

\ olatile loss of the reactive component, competes more heavily with the 

cure reaction . 

The Department is also modifying N.J .A .C . 7 :27-26 .1 on adoption to 

add a definition of reactive adhesives. The definition is the sarne a, tile 

definition of the term al N.J .A .C . 7:27-24 .1 . 

38 . COMMFNT: Regarding the adhe :i\es and sealants rules at 

N.J .A .C . 7:27-26, the tighter VOC regulation,, will I'm cc most of thc use 

of products to be moved into the ozone season . Although the products 

would have a lower VOC content, they would be applied only Over t1W 

three-month ozone season, rather than over a 12-rnonth period . 

Lower VOC restrictions Would, in effect . create a ban on products tbot 

provide performance, such as fire ratings. Building codes require rooillig 

systems to be fire rated. The VOC restrictions would require a 

refonnulation and a lot of burden on industr) . Which would need to 

reforniulate and retest and recertify a lot of products to cotnplv with those 

regulations. The industrv is working towards producing VOC' frid1d1` 

alternatives that can work during" the colder month, : ho\\e-r. the 

technoloyy is not here vet 

The concern is riot that the Department i- adopting a rule similar to the 

C ARB rule, but that the Department might in the future adopt a rt1lL, 

~~itnilar to the South Coast Air Quality Ma naeement District (SCA)NIM 

rule . 

which is extreme and does not reflect New 

Jersey's clinlatic 

conditions . (I I) , 

RESPONSE : The adopted rules are. based on the CARB adliesitc`,, <utd 

sealants RACT. not the SCAQMD rule . The commenter did not 

(CITE 40 ti .J .R. 6782) NEXV JERSEY REGISTER, MONI)Al , DECEMBER 1, 2008 
ADOPTIONS 

specifically state which adhesives or t) pes of adhesives would be affectcd 

by the seasons . Manufacturers of many solvent-based products 

recommend that the products be used when the temperature is above 40 

degrees Fahrcnheit_ similar to their water-based counterparts . Therefore . 

the seasons during which complying and non-complying products can be 

used is similar . Examples of existing products that are recommended by 

their manufacturers to be used when the temperature is above 40 degrees 

Fahrenheit are Karnak #81AF Modified Bitumen Adhesive and Karnak 

#66AF Modified Bitumen Adhesive. 

Products are given a fire rating on a national basis, not state-by-state . 

Accordingly. those fire-rated products that have been formulated to 

compl\ with the California rules are already certified for use in New 

Jersey . 

39 . COMMENT: The Department should not extend the ban of 

chlorinated solvents in consumer products at N.J .A .C . 7:27-24 to 

industrial adhesives . The use of these materials in chemical processes is 

unavoidable . Even if these chemicals are removed from the products 

before the products are placed on the market. it is often impossible to 

completely eliminate them. There should be a de rninimis level allowed 

that is both feasible and safe, such as Occupational Safety and Health 

Association (OSHA) levels, instead of a complete ban. (3) 

RESPONSE: The Department is not restricting the use of Perc, TCE 

and MeCl in industrial adhesives in this rulemaking . In the consumer 

products rules, automotive maintenance and repair products containing 

less than one percent of Pere. TCF, or MeCl are exempted. (See N.J .A .C . 

7 :27-24 .4(r) .) Also exempted is any contact adhesive, electronic cleaner, 

footwear or leather care product, general purpose degreaser, adhesive 

remover, electrical cleaner or graffiti remover that contains 0 .(11 percent 

or less of Perc . TC'E and MeCl. combined . (See N.J .A .C . 7 :27-24 .4(q)) . 

Summary, of Agency-Initiated Changes : 

At N.J .A .C. 7:27-24 .1, Definitions, the Department has deleted the 

second "adhesive remover" in the definition title of "adhesive removerfloor and wall covering adhesive remover," as it is redundant . As 

modified, the definition is consistent with the definitions of other 

adhesive removers . The Department has made a grammatical correction 

in the definition of "fragrance ." The Department has deleted the 

definition of "automotive maintenance facility" or "automotive repair 

facility" because neither is used in the rules . 

At N.J .A .C 7 :27-24 .1, the definition of "device" has been changed to 

"pesticide device" and relocated alphabetically . The term "device" was 

defined in the rules because the term is used in the definition of 

"pesticide ;" however, the term "device" is also used in several other 

portions of the rules relating to the portable fuel container portions of the 

rules . The proposed definition is not appropriate in the portable fuel 

container context . The modified definition limits the definition to the 

pesticide context . 

At N.J .A .C . 7 :27-24 .1, in the definition of "innovative product 

exemption," the Department has corrected cross references . 

The Department has updated the ASTM methods to the latest version. 

for clarification, which is consistent with the existing rules and the 

Department's notice of proposal, as all of the methods include subsequent 

amendments . The rnodifications have been made at N.J .A .C 7 :27-24 .1 . 

definitions of liquid, plasticizer and solid, 24 .7(d), (f) and (g) and 26 .6(b) 

and (e)1 and 2 . The Department has also added "as supplemented or 

amended" to the ASTM test methods at 26 .6(e)2 in the equations, which 

is consistent with the language regarding the same test methods at 

N.J .A .C . 7:27-26 .6(e)1 and 2 in the narrative above the equations. The 

Department has also added clarification language "as supplemented or 

amended" to the definition of plasticizer at 24 .1, which is consistent with 

the language regarding the same test method at N. .1 .A .C . 7 :27-24 .7(g). In 

addition, the Department has added the same test method. E-260-

96(2006), as supplemented and amended to the definition of plasticizer at 

N.J .A .C 7:27-26 .1 . which is consistent with the definition at N.J .A .C . 

7:27-24 .1 and the language at N.J .A .C . 7 :27-24 .7(g) . 

In Table 1 at N .I .A .C . 7 :27-24 .4(a), the Department has added a 

footnote for contact adhesives, to clarifv that the cateeotN of contact 

adhesives is being replaced on January 1 . 2009 with W o new categories, 

"Contact general purpose" and "Contact special purpose." In addition, the 

Department ha~ corrected the spelling of' "aerosol` in the adhesives 

ENVIRONIIENTAL PROTECTION 

category and has made bug and tar removers plural to he consistent ~aith 

the other categories . 

At N.J .A .C . 7 :27-24 .4(a) and at N.J .A.C . 7 :27-24 .4(n) . the Department 

has corrected cross references . 

At N.J .A.C . 7 :27-24 .5(a)2i and ii, the Department has updated and 

clarified the registration deadline requirements . which were applicable to 

the consumer products categories adopted in 2004- to be relevant to the 

new rules and amendments . The schedule adopted in 2(104 is not 

appropriate for the new categories of consumer products . The guidance 

for new categories was vague and could be interpreted as either register 

before January l . 2005, which is prior to the operative date of the 

amended rules, or for new products after January 1 . 2005. prior to selling 

the product in New Jersey . Since "prior to selling the product m Ne\,\ 

Jersey" is not reasonable for the new categories of products . which are 

already being sold in New Jersey, the Department is modifying the 

registration requirements to be consistent with N . .I .A,C. 7:27-24 .5(a)3, 

within 90 days after the operative date of the rule, or within 90 days of 

selling the product in New Jersey . The Department has made the same 

modification to N .J .A .C . 7 :27-24 .10(c) . 

At N . .I .A .C . 7 :27-24 .8(a) . portable fuel containers requirements, the 

Department has added a reference to the exemptions in N.J .A .C . 7 :27-

24.8(c) and (d), for clarification . Also, the Department has changed the 

requirement to be exempted by CARB "and" EPA, in order to be 

exempted from the requirements of the section . to a requirement to be 

etempted by CARB "or" EPA. It was not the intention of the Department 

to require both CARB "and" EPA simultaneous exemptions, as indicated 

by the "or" at N .J .A .C . 7 :27-24 .8(a)6i and the "or" at N. .I .A .C 7:27-

24.8(d)l . In the Summary, 39 N .f .R . at 4500. the Department indicated 

that CARB exemption and exemption by EPA are alternatives. 

The Department has recodified N. .I .A .C . 7 :27-24 .8(a)i and ii as (a)1 

and 2 . At N .J .A .C . 7 :27-24 .12(c), paragraphs 2 and 3 ha\e been deleted on 

adoption, as they are no longer relevant to the new portable fuel container 

rules and conflict with amended subsection (c) . 

At N. .I .A .C . 7:27-26 .3(a) and (b). the Department has added references 

to new subsections N. .I .A .C . 7:27-26 .4(i) and (1), as they are exemptions 

to the subsections. At N .1 .A .C . 7:27-26 .3(c), the Department has added 

references to new subsections N.J .A .C_ 7 :27-26 .4(h) and (1), as they are 

also exemptions . 

In Table 1 at N.J .A.C . 7.27-26 .3(i), the Department has changed 

"VOC content limit (grams VOC per liter)" to "Maximum VOC content 

Iii-nit (grams VOC per liter) Operative Date 1/112009," to make llhe table 

more clear. The modification does not change the regulatory meaning. as 

it is consistent with N. .1 .A .C . 7 :27 -26.3(a), (b) and (c). 

At N.J .A .C . 7 :27-26 .5(a), the Department has changed the reference to 

N .,1 .A .C . 7 :27-26 .2(b) to the correct reference of N.J .A .C . 7 :27-26.2(a) . 

There is no N.J .A .C . 7 :27-26?(b) . 

The Department has revised reference to Table 1 at N ..1 .A .C . 7:27-

26 .5(b) to show that the table is located at N.J .A .C . 7 :27-26 .3 . 

At N.J .A .C . 7 :27-26 .6(g), the Department ha,, deleted -'January 9 . 

1995,° as it is redundant and misplaced . 

At N.J .A .C . 7:27-26 .6(k), the Department has added `For low-solids 

adhesives, sealants, or primers. or solvents" for clarity, because the link 

between the formula in this section and when the formula should be used 

\\as not clear. The units in the formula match the definition n1 "lovsolids adhesives. sealants, or pruners." In addition_ at 1\ .l . ~ , ' ' 

26 .6(i). the Department has added "sealants and primers, with the 

exception of low solids adhesives- sealants and primers" to make it more 

clear what the fonnula in this subsection is used for. At h.J .A .C . 7:27-

26.6(i) . the Department has added "sealants and primer,.- to make it 

more clear what the formula in this subsection is used for 

At N.J .A .C . 7 :27-26 .8(a)3, the Department has changed the 

registration schedule from "on or after June 6. 2008° to "on or after tile 

operative date of the rule," because the rule was not operative on June b, 

2008. 

At N.J .A .C . 7:27-34 .3(a)10, the Department has added reference to 

N.J .A .C 7:27-16 . N.,1 .A .C . 7:27-34 .3(a) makes each in-State 

manufacturer of TBAC each manufacturer of a product containing 

TBAC for sale in the State, and each manufacturer who uses TBAC in a 

manufacturing process in the State subject to TBAC reporting. N.J .A .C . 

fYEW JERSEY REGISTER, MONDAY, DECEMBER 1, 2008 (CITE 40 N.J .R . 6783) 
ENVIRONMENTAL PRO-11C110N 

7 :27-3-1 .3(a)10 requires manufacturers that make . sell or use 1BACcontaining products that are categorized in N.J .A .C . 7 :27-2124 or 26 to 

include in their TBAC reporting categorN in which the product belongs. 

Under N.J .A .C . 7:27-3-I.3(a)l l . if a product containing TBAC is not 

subject to N.J .A .C . 7:27-23 . 24 or 26. the manufacturer must provide in 

the TBAC reporting a description of the use for which product is 

intended . 

The rules at N.J .A .C . 7:27-23, 24 and 26 identify various categories of 

products that are manufactured, sold or used in the State . For example. 

N.J .A .C . 7:27-23 .3 . Table 1, identifies numerous categories of' 

architectural coatings . N.J .A .C . 7:27-4.4 . Table 1, identifies categories of 

chernically formulated consumer products ; and N.J .A .C . 7:27-26 .3, Table 

1 . identifies categories of adhesives, sealants, adhesive primers, sealant 

primers and adhesi~es applied to particular substrates . The regulated 

entity knows into which category the product falls, in order to produce 

and sell a product that is in compliance with the rules. The manufacturer 

identifies the categor) on the TBAC form, based on the category in the 

rules. 

Similarly . N.J .A .C . 7:27-16 identifies processes that use TBACcontaining products . For example, N .J .A .C . 7 :27-16 .7, Surface coating 

and graphic arts operation, contains several tables of products in 

numerous categories . As proposed . these products would fall within 

N .I .A .C . 7 :34 .3(a)11 (because they are not subject to Subchapters 23, 24 

or 26) . and the manufacturer would provide in its TBAC reporting a 

description of the use for which the product is intended . 

The manufacturer of the TBAC-containing product produced the 

product with the intent that it be in compliance with one or more of the 

categories in the subchapter . Likewise ; a manufacturer who uses a TBAC 

containing product in a manufacturing process also knows the appropriate 

category . Accordingly. the categorN is readil) identifiable and should be 

included in the TBAC reporting. 

At N.J .A .C . 7:27A-3 .10(m)26 the Department has added "allowable" 

in two of the citation and rule summaries. to be consistent tiith the other 

citation and rule summaries, and has capitalized the first words in the 

citation and rule summaries to be consistent with the other citation and 

rule summaries. 

Federal Standards Statement 

Executive Order No. 27 (1994) and N. .I .S .A . 52 :14B-1 et seq . (P .L . 

1995_ e. 65) require State agencies that adopt. readopt or amend State 

regulations that exceed any Federal standards or requirements to include 

in the rulemaking document a Federal standards analysis . 

The Department is adopting amendments and new rules for which 

there are no Federal standards. as tollows. There are no Federal standards 

establishing either VC1C limits for or prohibiting or limiting the use of 

methylene chloride . perch loroetbylene and trichloroethylene in tile 

consumer and automoti\e products addressed b~ the Department's new 

rules and amendments. There are no Federal standards establishing VOC 

limit,, or add-on control requirements for adhesives and sealants as 

provided in the Department's new rules. The USEPA has adopted ne~ti 

rules regarding portable fuel containers . but the Department's ne\N 

portable fuel container rules will be consistent with those rules. in that 

portable fuel containers certified by the USEPA or bN CARB (whose 

rules are comparable to the USEPA's) will be compliant with New 

Jerse' v's requirements . Accordingl} . no further Federal standards analN sis 

is required . 

The IISEPA's definition of VOCs indicates that TBAC emissions are 

to be reported, but does not include the reporting requirements . The 

Department's nev\ TBAC reporting requirements are consistent Xvith the 

USEPA's rule. . Hox\ever, the new rules and amendments are needed to 

fulfill a requirement . imposed by USEPA pursuant to the Federal Clean 

Air Act. 42 U .S .C . §$7401 et seq . . that New, .lerse) adopt sufficient 

control measures to address additional VOC (ozone precursor) emission 

reductions identified bN l'SEPA as being needed for Ne\+ Jersey to attain 

the eight-hour ozone standard bv the mandated attainment dates of 2010. 

Therefore . adoption of these new rules and amendments is necessarN for 

the State to complN with Federal requirements . Accordiii-IN, no further 

Federal standards analysis is required . 

New .leseti worked with the OTC and other jurisdictions in the Ozone 

Transport Region to de~elop a set of control measures to assist in 

'ADOPTIONS 

designing an air qualitN management strate-N to attain the eight-Jlour 

ozone attainment date bN 2010. The VOC emission reductions achie\ed 

from the consumer products . portable fuel container . and the, adheske; 

and sealants rules are a component of Nev~ ~Jerse\ 's State Implementation 

Plan (or SIP) . The other States in the Ozone Transport Region are also 

working to adopt similar regulations . 

Full text of the adoption follo\\s (additions to proposal indicated in 

boldface with asterisks *thus'''_ deletions front proposal indicated in 

brackets \+ith asterisks *[thus]*): 

CHAPTER 27 

AIR POLLUTION CONTROL 

SUBCHAPTER R . PERMITS .AND CERTIFICATES FOR MINOR 

FACILITIES (AND MAJOR FACILITIES 

WITHOUT AN OPERATING PERMIT) 

7 :27-8 .1 Definitions 

The following words and terms. when used in this subchapter, shall 

have the following meanings, unless the context clearl) indicates 

otherwise. 

"Volatile organic compound" or "VOC" means a volatile organic 

compound as that tertn is defined b3 the EPA at 4(1 CFR 51 .100(s) . as 

supplemented or amended, which is incorporated bN reference herein . 

SUBCHAPTER 16. CONTROL AND PROHIBITION OF .AIR 

POLLUTION BY VOLATILE ORGANIC 

COMPOUNDS 

7:27-16 .1 Definitions 

The following words and terms. when used in this subchapter, have the 

tbllov%ing meanings, unless the context clcarlN indicates otherwise. 

"Volatile organic compound" or "VOC" means a xolatile organic 

compound as that term is defined bN the EPA at 40 (_TR 51 .100(s). as 

supplemented or amended. which is incorporated b) relerence herein . 

SUBCHAPTER 17 . CONTROL AND PROHIBITION OF AIR 

POLLUTION BYTOXI( SUBSTANCES 

7:27-17 .1 Definitions 

The following words and terms. when used in this subchapter . shall 

have the following meanings . unless the context clearl) indicates 

otherv\ -ise . "Volatile organic compound" or "VOC" means a volatile organic 

compound as that term is defined h\ the EPA at 40 CFR 51 100(s) . as 

supplemented or amended. which is incorporated h\ reference herein . 

SUBCHAPTER 18 . CONTROL AND PROHIBITION OF AIR 

POLLUTION FROM NEW OR ALTERED 

SOURCES AFFECTINC; AMBIENT AIR 

QUALITY (EMISSION OFFSET RULES) 

7 :27-18 .1 Definitions 

The following, words and terms, when used in this suhchapter . shall 

ha\e the following meanirngs. unless the contest clearly indicates 

otherwise. 

"Volatile organic compotmd" or "VOC" means a eolatile organic 

compound as that term is defined b\ the EPA at 40 CFR SI .IoO(s). as 

supplemented or amended. which is incorporated bN reference herein . 

(CITE 40 N' .J .R . 6784) NEW JERSEY RECISTER, MONDAY, DECEMBER 1, 2008 
ADOH IONS 

SUBCI-IAP'I LR 19. CONTROL AND PROI IIBf1 l0NOI AIR 

POLLI l ION FROM OXIDLS O}- 1`1TROCiEN 

7:27-19 .1 Definitions 

The foliowine \Nord., and terms. when used in this subchapter . shall 

ha\e the follmNine mcaningti. unless the context clearly indicatc~, 

othenoise. "Volatile organic cornpound_` or '~VOC,` means a volatile organic 

compound as that term is defined hy the EPA at 40 CFR 51 .100(s) . as 

supplernented or amended. which is incorporated bN reference herein . 

SUBCHAPTER 21 . EMISSION STATEMENTS 

7:27-21 .1 Definitions 

The following words and terms, when used in this subchapter. have the 

following meanings, unless the context clearly indicates otherwise . 

"Volatile organic compound" or `VOC"- means a volatile organic 

compound as that term is defined by the EPA at 40 CFR 51 .100(s) . as 

supplemented or amended, which is incorporated by reference herein . 

SUBCHAPTER 22 . OPERATING PERMITS 

7:27-22 .1 Definition.,, 

The followin :.~ xvords and terms. when used in this subchapter . have the 

meanings given belov, unless the context clearly indicates otherwisc . . . ."Volatile organic compound" or "VOC" means a volatile organic 

compound as that term is defined by the EPA at 40 C'FR 51 .100(s) . as 

supplemented or amended, which is incorporated by reference herein . 

SUBCHAPTER 23 . PREVENTION OF AIR POLLUTION FROM 

ARC HITECTURAL COATINGS 

7:27-23 .2 Definitions 

The following words and terms . when used in this subchapter. ha\ e the 

following meanings. unless the conte\t clearly indicates otherwise . 

"Volatile organic compound" or "VOC" means a volatile organic 

compound as that term is defined by the EPA at 40 CFR 51 .100(s), as 

supplemented or amended. which is incorporated by reference herein . SUBCHAPTER 24 . PREVENTION OF AIR POLLUTION FROM 

CONSUMER PRODUCTS 

7:27-24 .1 Definitions 

The following words and terms . when used in this subchapter, haNe the 

follovving meaning .,_ unless the conte\t clearly indicates otherwise . 

"Adhesive remover" means a product designed to remove adhesives. 

caulk and other bonding materials from either a specific substrate or a 

variety of substrates, and includes the subcategories of floor and wall 

covering adhesive remover. gasket or thread-lockinQ adhesive remover. 

general purpose adhesiNe remover, and specialty adhesive remover. each 

of which is defined elsewhere in this section. This term does not include 

products that remove adheskes intended exclusively for use on humans 

or animals. For purposes of this definition of "adhesivc remover" and 

subcategories of "adhe.iNe removers" and notwithstanding the definition 

of *'adhesive" clsev\here in thi,; section, "adhesive" means a substance 

used to bond ornc or more materials_ and include.,, . but is not limited to . 

caulks . sealants, glues or similar substances used for the purpose of 

forming a bond . 

"Adhesive remover - floor and wall covering *[adhesive remover]-

means an adhesi\e remover desianed or labeled to remove floor or v,all 

co\ erings and associated adhesi\ e frorn tile Underlying substrate . 

"Adhesive remover-gasket or thread-locking" means an adhesive 

remover designed or labeled to remove gaskets or thread-locking 

adhesives . This term includes products labeled for dual use as a paint 

ENVIRON11EN7 AL PRO"CEC'170N 

stripper and adhesive remoNer- gasket remmer and/or adliesiNe rcmo\er 

- thread-lockinge. 

--Adhesive remover - general purpose" meam an adhe ;i\e rcmo\er 

designed or labeled to remove eNanoacr:late adheskcs as well a,, nonreacti\e adhesives or residue from a variety of Substrate~,. 'This term 

includes, but is not limited to . products that remove thermoplastic 

adhesires. pressure sensitive adhesives. dextrine or starch-based 

adheskes, casein glues, rubber or late\-based adheskes . as well as 

products that remove stickers . decals . stencils, or siniilar materials . This 

term does not include adhesive remover - floor or wall covering . "Adhesive remover - specialtv" means an adliesive remover designed 

to remove reactive adhesives from a variety of substrate; . This term dues 

not include adhesive remover - gasket or thread-locking . 

-Aerosol adhesive*' means an adhesive that is an aerosol product in 

which the spray mechanism is permanently housed in a nonrefillable can 

designed for hand-held application without the need for ancillary hose~ or 

spray equipment. This term includes special purpose spray adheskes, 

mist spray adhesives and web spra\ adhesive,. 

"Aerosol coating product' means 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 . 

"Aerosol product" means a product that incorporates a pressurized 

spray system that dispenses product ingredients by means of a propellant 

contained in a product or a product's container_ or bN means of a 

mechanically induced force. This term does not include puntp sprays . 

"Air freshener" means a product including. but not limited to . sprays . 

wicks, powders and crystals, designed for the purpose of masking odors, 

or freshening. cleaning . scenting, or deodorizing the air. This term does 

not include products that are used on the human body . products that, as 

indicated on a product label, function printaril\ as cleaning products . 

toilet/urinal care products . disinfectant products claiming to deodorize by 

killing germs on surfaces, or institutional/industrial disinfectants when 

offered for sale solely through institutional and industrial channels of 

distribution . This term does include spray disinfectants and other 

products that are expressly represented for use as air fFesheners . except 

institutional and industrial disinfectants tihen offered for sale through 

institutional and industrial channels of distribution . To determine whether 

a product is an air freshener, all verbal and visual representatiorns 

regarding product use on the label or packaging or in the product ~ 

literature and advertising may be considered . The presence of or 

representation about a product's fragrance and ability to deodorize 

resulting from surface application shall not constitute a claim of aii 

freshening . 

°Alternati~e control plan"' or -A( P" means an emis,,ions averaging 

program for chemically formulated consumer products . which prcnides a 

manufacturer with an alternative method to cornply with the VOC content 

limits in Table 1 at N..I .A .C . 7:27-24 .4(a). and which was issued in 

accordance with N.J .A .C 7:27-24 .4(i f and (k) b\ : 

l . CARB pursuant to its consumer products regulations (including all 

amendments and supplements) at 17 C'CR 94540-9d5551 . or 

2. (No change.) 

."Anti-static product" means a product that is labeled to eliminate. 

prevent. or inhibit the accumulation of static electricit} . This term due', 

not include electronic cleaner. floor polish or war ., floor coating, aerosol 

coating product, or architectural coating. 

"Automotive brake cleaner" or "brake cleaner" means a product 

designed. labeled. promoted or advertised (expressed or implied) to clean. 

motor vehicle brake mechanisms and part-; by remoN ing oil. greese . brake 

fluid. brake pad material or dirt from them . "Automotive consumer product" means any of the folluvNmg 

chemically formulated consumer products, aerosol or liquid . used in 

automotive maintenance or repair activities : brake cleaners . carburetor or 

fuel-injection air intake cleaners. engine degreasers . and general purpose 

NEW JERSEY REGISTER, MONDAY, DECEMBER l, 2008 (CITE 40'S.J .R. 67ti5) 
ENVIRONMENTAL PROTECTION 

degreasers intended for use in automotive maintenance or repair 

activities . 

*1-'Automotive maintenance facility` or "autornotive repair facilit}" 

means any establishment at which a person repairs . rebuilds . 

reconditions, services, or in am waN maintains motor vehicles . These 

terms do not include private residences or entities that are involved onl~ 

in motor vehicle body work or painting .]* 

"Automotive maintenance or repair activities" means any service, 

repair, restoration . or modification activity to a motor vehicle in which 

cleaning or degreasing products could be used including. but not limited 

to, brake work, engine work. machining operations, and general 

degreasing of engines, motor vehicles, parts . or tools . 

"Bathroom and tile cleaner" means a product designed to clean tile or 

surfaces in bathrooms. This term does not include products designed 

primarily to clean toilet bowls, toilet tanks, or urinals . 

"Bug and tar remover" means a product labeled to remove either or 

both of the following from painted motor vehicle surfaces without 

causing damage to the finish : 

1 .-2 . (No change .) 

"CAS Registry Number" means a unique accession number assigned 

by the Chemical Abstracts Service, a division of the American Chemical 

Society . 

"CCR" means the California Code of Regulations . 

"Chlorinated toxic air contaminant' means methclene chloride, 

perchloroethylene. or trichloroethylene . - 

"Consumer product" means a household or institutional product, 

including any packaging, that includes. but is not limited to : 

1 . Chemically formulated products including . but not limited to. 

products that are detergents ; cleaning compounds ; floor polishes and 

waxes: cosmetics ; personal care products; home, lawn, and garden 

products ; disinfectants : sanitizers, and automotive specialty products . 

This term also refers to aerosol adhesives, including aerosol adhesives 

used for consumer, industrial or commercial uses and automotive 

consumer products : and 

2. (No change .) 

"Contact adhesive" means an adhesive that : 

l .-3 . (No change.) 

4. Does not need sustained pressure or clamping of surfaces alter the 

adhesive-coated surfaces have been brought together using sufficient 

momentary pressure to establish full contact between both surfaces : 

5 . Is not a rubber cement that is primarily intended for use on paper 

substrates ; and 

6 . Does not include \ulcanizing fluids that are designed and labeled 

for tire repair only . 

"Contact adhesive - general purpose" means anN contact adhesive that 

is not a contact adhesive - special purpose . 

"Contact adhesive - special purpose" means a contact adhesive that : 

1 . Is used to bond melamine-covered board . unprimed metal . 

Unsupported vinyl . Teflon, ultra-high molecular weight polyethylene, 

rubber, high pressure laminate or wood veneer 1'16 inch or less in 

thickness to am porous or nonporous surface ; or 

2 . Is used in automotive applications that are either automotive underthe-hood applications requiring hcat . oil or gasoline resistance, or bodyside molding. automotive weatherstrip or decorative trim . 

. . ."Deodorant' means: 

1 . For products manufactured before January l, 2009, a product 

including- . but not limited to, aerosols, roll-ons, sticks, pumps, pads . 

creams and squeeze bottles, that is intended by the manufacturer to be 

used to minimize odor in the human axilla by retarding the growth of 

bacteria which cause the decomposition of perspiration : and 

2 . For products manufactured on or after January 1 . 2009, any product 

including, but not limited to. aerosol . roll-ons, sticks, pumps, pads, 

creams, and squeeze-bottles . that indicates or depict,,, on the container or 

packaging . or on any sticker or label affixed thereto . that the product can 

ADOPTIONS 

be used on or applied to the human axilla to prcnide a scent and/or 

minimize odor. 

This term also includes a deodorant bod% spra) that indicates or 

depicts on the container or packaging . or on am sticker or label affixed 

thereto . that it can be used on or applied to the human axilla . 

"Deodorant body spray" means: 

1 . For products manufactured before Januar) I . 2009. a pei,onal 

fragrance product with 20 percent or less fragrance : or 

2. For products manufactured on or after JanuarN l . 2009. a personal 

fragrance product with 20 percent or less fragrance that is designed for 

application all over the human body to provide a Seem. 

*[`De\ ice" means an instrument or contrivance. other than a firearm. 

designed for trapping. destroying, repelling . or mitigating any pest or am 

other form of plant or animal life (other than a human or a bacterium . a 

vjrus or other microorganism on or in living humans or other living 

animals) . This term does not include equipment used for the application 

of pesticides if the equipment is sold separately from the pesticide .]* 

"Disinfectant" means a product intended to destro~ or irreversibly 

inactivate infectious or other undesirable bacteria . pathogenic fungi, or 

viruses on surfaces or inanimate objects and whose label is registered 

under FIFRA. This ternn does not include : 

1 .-4 . (No change .) 

"Dusting aid" means a product designed to assist in removing dust and 

other soils from floors and other surfaces without leaving a wax or 

silicone-based coating . This term does not include a pressurized gas 

duster . 

"Electrical cleaner" means a product labeled to remove heavy soils 

such as grease, grime . or oil from electrical equipment, including. but not 

limited to, armatures . electric motors . electric panels . generators or 

relaNs . This term does not include an anti-static product. dusting aid, 

electronic cleaner. energized electrical cleaner, engine degreaser, general 

purpose cleaner, general purpose degreaser, pressurized gas duster, or a 

product designed to clean the casings or housings of electrical equipment . 

"Electronic cleaner" means a product labeled for the removal of dirt, 

moisture, dust . flux or oxides from the internal components of electronic 

or precision equipment such as circuit boards, and the internal 

components of electronic devices . including . but not limited to . radio, . 

compact disc (CD) players, digital video disc (DVD) players and 

computers . This term does not include anti-static product. dusting aid . 

electrical cleaner, energized electrical cleaner, engine degreaser. general 

purpose cleaner. general purpose degreaser . pressurized gas duster. or a 

product designed to clean the casings or housings of electronic 

equipment . 

"Energized electrical cleaner" means a product that meets both of the 

following criteria : 

1 . The product is labeled to clean and/or degrease electrical 

equipment_ where cleaning and/or degreasing is accomplished ~Nhcu 

electrical current exists, or when there is a residual electrical potential 

frorn a component. such as a capacitor ; and 

2. The product label clearly displays the statements : "Eneraized 

Equipment use only . Not to be used for motorized vehicle maintenancc. 

or their parts ." 

This tenn does not include electronic cleaner . 

"Fabric refresher' means a product labeled to neutralize or eliminate 

odors on non-laundered fabric includine. but not limited to . soft 

household surfaces, rugs . carpeting. draperies. bedding. automoti\c 

interiors. footN+-ear, athletic equipment, clothing and/or on household 

furniture or ohjects upholstered or covered with fabric- such as . but not 

limited to . wool, cotton . or nylon . This term does not include an antistatic product, a carpet and upholsterN cleaner. soft household suriacc 

sanitizers . footwear or leather care product, spot remover. or disintectcjnt . 

or a product labeled for application to both fabric and human skin . 

"Facial cleaner or soap" means a cleaner or soap designed primarih to 

clean the face . This term includes . but is not limited to . facial cleansinc 

creams . semisolids . liquids. lotions, and substrate-impregnated forms. 

This tertn does not include prescription drug products . antitnicrobial hand 

or body cleaner or soap, astringent/toner . general-use hand or hod, 

(CITE 40 N.J .R. 6786) NEW JERSEY REGISTER, MONDAY, DECEMBER 1, 2008 
ADOPTIONS 

cleaner or soap . medicated astringent/medicated toner. or rubbinc 

alcohol . 

. . "FIFRA" means the Federal Insecticide . Fungicide . and Rodenticide 

Act . 7 U .S .C . ;§ 136 et seq . 

"Finish" or "finishing" means the maintaining and/or holding of 

previously styled hair for a period of time . 

. ."Floor coatine° means an opaque coating that is labeled and designed 

for application to flooring . including, but not limited to . decks, porches, 

steps, and other horizontal surfaces which may be subject to foot traffic . 

"Footwear or leather care product" means a product designed or 

labeled to be applied to footwear . including both leather and non-leather 

foot apparel, or to other leather articles/components, to maintain, 

enhance, clean, protect, or modify the appearance, durability, fit. or 

flexibility of the footwear or leather article/component . This term does 

not include fabric protectant, general purpose adhesive, contact adhesive, 

vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, 

fabric refresher, products solel,, for deodorizing. or sealant products with 

adhesive properties used to create external protective layers greater than 

two millimeters thick . 

"Fragrance" means a substance or complex mixture of arotna 

chemicals, natural essential oils, or other functional components with a 

combined vapor pressure not in excess of two millimeter*s* of mercury 

(mm Hg) at 20 degrees Celsius (°C), the sole purpose of which is to 

impart an odor or scent . or to counteract a malodor. 

"Furniture maintenance product" means a wax. polish, conditioner, or 

any other product designed for tile purpose of polishing, protecting or 

enhancing finished wood surfaces other than floors . This term does not 

include dusting aids, wood cleaners and products designed solely fur the 

purpose of cleaning, and products designed to leave a permanent finish 

such as stains, sanding sealers and lacquers . 

"General purpose degreaser" means a product labeled to remo%e or 

dissolve grease, grime. oil and other oil-based contaminants from a 

variety of substrates, including automotive or miscellaneous metallic 

parts. This term does not include: 

1 . Engine degreasers, general purpose cleaners, adhesive removers . 

electronic cleaners, electrical cleaners . energized electrical cleaners or 

metal polish/cleansers : 

2.-3 . (No change .) 

"Graffiti remo\ er" means a product labeled to remove spray paint, ink . 

marker, crayon . lipstick. nail polish, or shoe polish, from a variety of noncloth or non-fabric substrates . This term does not include paint remover 

or stripper . nail polish remo\er, or spot remover. Products labeled for 

dual use as both a paint stripper and graffiti remover are graffiti 

removers . 

. ."Hair shine" means a product designed for the primary purpose of 

creating a shine when applied to the hair . This term includes, but is not 

limited to, dual-use products designed primarily to impart a sheen to the 

hair . This term does not include hair spray, hair mousse, hair styling 

product. hair styling gel, or products whose primary purpose is to 

condition or hold the hair. 

"Hair spray" means: 

1 . For products manufactured before Januar) 1 . 2009. a product 

designed primarilN for the purpose of dispensing droplets of a resin on 

and into hair coiffure which «ill impart sufficient rigidity to the coiffure 

to establish or retain the st) le for a period of time ; and 

2. For products manufactured on or after January 1, 2009, a consumer 

product that is applied to styled hair, and is designed or labeled to provide 

sufficient rigidity to hold, retain and/or finish the style of the hair for a 

period of time. This term includes aerosol hair sprays . pump hair sprays, 

spray waxes. products that are both a styling and finishing product, and 

color, glitter. or sparkle hairsprays that make finishing claims . This term 

does not include spra\ products that are intended to aid in styling but do 

not provide finishing ot a hairsty le . 

ENVIRONMENTAL PROIECTION 

"Hair styling gel" means a consumer product manufactured before 

Januarx 1, 2009 . that is a high viscosity. often gelatinous. product that 

contains a resin and is desianed for the application to hair to aid in stNling 

and sculpting of the hair coiffure . "Hair styling product' means a consumer Product manufactured on or 

after January 1 . 2009. that is designed or labeled for the application to 

wet. damp or dry hair to aid in defining, shapiiig, liftin& . styling and/or 

sculpting of the hair. This term includes . but is not limited to . hair bahn . 

cla~, cream, creme, curl straightener, gel, liquid, lotion, paste . pomade, 

putty, root lifter, serum, spray gel, stick, temporary hair straightener . wax. 

spray products that aid in styling but do not provide finishing of a 

hairstyle, and leave-in volumizer;, detanelers and/'or conditioners that 

make styling claims . This term does not include hair mousse, hair shine . 

hair spray, or shampoo and/or conditioner that is rinsed from the hair 

prior to styling . 

"Innovative product exemption" or '`IPE" means a determination that a 

particular consumer product will result in less VOC emissions as 

compared to a representative compliant Consumer product or as compared 

to the reformulation of the particular product in order to comply with a 

VOC content limit due to some characteristic of the product fonnulation, 

design, delivery system . or other factor . Such determination must be in 

accordance with N.J .A .C 7 :27-24 .4*[(i) and]* (j) *and (k)* for a 

chemically formulated consumer product, and in accordance with 

N.J .A .C . 7:27-24 .8(e) and (I) for a portable fuel container, spout, or 

portable fuel container and spout. and be issued by : 

l . CARB, pursuant to its antiperspirants and deodorants regulations 

and consumer products regulations (including all amendments and 

supplements) at 17 CCR 94503.5 or 94511 or pursuant to its portable 

fuels containers regulations (including all amendments and supplements) 

at 13 CCR 2467.4 ; or 

2 . (No change .) 

"Kerosene" means any light petroleum distillate that is commonly or 

commerciall} known, sold or represented as kerosene, that is used in 

space heating, cook stoves . and water heaters, and is suitable for use as a 

light source when burned in v, ick-fed lamps. 

"Lawn and garden insecticide" means an insecticide labeled primarily 

to be used in household lawn and garden areas to protect plants from 

insects or other arthropods . Notwithstanding the requirements of N .1 .A C. 

7:27-24 .4(g) . aerosol lawn and garden insecticides nta~ claim to kill 

insects or other arthropods . 

"Liquid'" means a substance or mixture of sub,tanees which is capable 

of a visually detectable flow as determined under ASTM D-43,;9-

90*[(200(1)el]**(2006)*, as supplemented or amended. This term does 

not include powders or other materials that are composed entirely of solid 

particles . 

"Liquid product" means an) product that is packaged and sold as a 

bulk liquid, including liquid delivered by pump sprayers . 

"LoN vapor pressure VOC" or "LVP-VOC- means a VUC that is a 

chemical compound (that is, a molecule of definite chemical formula and 

isomeric structure) or mixture (that is, a substrate comprised of two or 

more chemical compounds) that contains at least one carbon atom and 

meets one of the follovNing conditions : 

1 . (No change .) 

2. Its vapor pressure and boiling point are unknown and it is : 

i . A chemical compound with more than 12 carbon atoms : ot 

ii . A chemical mixture comprised solely of compounds Nith more than 

12 carbon atoms as verified by formulation data ; 

3 .-4 . (No change .) 

"Manufacturer" mean~ a person x\ -ho manufactures . imports, 

assembles, processes. produces, packages . repackages . or relabelk a 

product. This term also includes any person for N hom the product iti 

manufactured, or by \ahom the product is diutrihuted. if that person is 

identified as such on the product label and any person who hires anothrr 

person to manufacture a product for compensation . 

NEW JERSEY REGISTER, MONDAY, DECEMBER 1, 2008 (CI CE 40 V, .1 .R. 6787) 
ENVIRONMENTAL PROTECTION 

"Paint remo%er or ;tripper" mcans a product designed to strip or 

remove paints or other related coatings . by chemical action . from a 

substrate Without markedly affecting the substrate. This term does not 

include multi-purposc sokent,. paint brush cleaners . products designed 

and labeled eaclusively as graffiti remo~ers . and hand cleaner product, 

that claim to remo\ e paints and other related coatings from skin . 

"Personal fragrance product" means a product that is applied to the 

human bod\ or clothing for the primary purpose of adding a scent or 

masking a malodor, including cologne. perfume, aftershave . and toilet 

water. This term does not include : 

1 . Deodorant: 

2. Medicated products designed primarily to alleviate fungal or 

bacterial gm~vth on feet or other areas of the bodv: 

3 . Mouth,~vashes . breath fresheners and deodorizers : 

4. Lotions . moisturizer; . potiders or other skin care products used 

primarily to alleviate skin conditions such as dryness and irritations : 

5 . Products designed esclusivelv for use on human genitalia : 

6. Soaps. shampoos, and products primarily used to clean the human 

body ; and 

7. Fragrance products designed to be used exclusively on non-human 

animals. 

"Pesticide" means a substance or mixture of substances labeled. 

designed . or intended for use in preventing . destroying . repelling or 

mitigating any pest . or any substance or mixture of substances labeled. 

designed or intended for use as a defoliant, desiccant, or plant regulator. 

This term does not includc am substance, mixture of substances, or 

device wfiich the EPA does not ~consider to be a pesticide in accordance 

with FIFRA. 

*"Pesticide device" means an instrument or contri%ance, other 

than a firearm, designed for trapping, destroying, repelling, or 

mitigating any pest or any form of plant or animal life (other than a 

human or a bacterium, a virus or other microorganism on or in 

living humans or other living animals) . This term does not include 

equipment used for the application of Pesticides if the equipment is 

sold separately from the pesticide.* 

"Plasticizer'~ means a material . such as a high boiling point organic 

solvent, 

workabilit\

that 

. or 

is 

distensibility

incorporated 

. 

into 

and 

a 

may 

plastic 

be 

to 

determined 

increase its 

using 

flexibility . 

A,STM 

Method L~_60-~[91]`96(200_6), as supplemented or amended,* or from 

product formulation data . 

. "Portable fuel container" mean.s a reusable container or vessel, with a 

nominal capacity of 1() gallons or less. designed or used primarily lor 

receiving, transporting, storing or dispensing fuel ('including kerosene). or 

a fuel blend This term does not include a container or vessel permanently 

embossed or permanently labeled. as described in 49 CFR 172 .407(a). as 

it existed on Septcmbet 15~ 2W, with language indicating said container 

or vessel is solelN intended for use with non-fuel or non-kerosene 

products . 

"Pressurized gas duster" means a pressurized product labeled to 

remo~e dust from a surface solely by means of mass air or ga ; flo~\ . 

including surfaces such a, photographs . photographic film negati~es, 

computer key board,-, . and other types of surfaces that cannot be cleaned 

Nith ;ohents . ]his term does not include a dustine aid . 

"Product form" ti0r the purpose of complying with NT ,\~(' . 7 :27-_'4.6 

onk . means the applicable form which most accurately describes the 

product's dispensing form to he indicated in the manufacturer's records 

in abbreviated form . as tollo\\s : 

A = aerosol product 

S 5,- "olid 

P = pump spra~ 

L = liquid 

SS = semisolid 

O = other . 

ADC;'PTIO\S 

`Pump sprayer" means a packa`~ing t\stem in which the product 

ingredients within the container are not under pres~ure and in \+hich the 

product is expelled only while a pumping action is applied to a button. 

trigger or other actuator. 

"Reactke adhesive" means an adhesiNe that require ; a hardener or 

catalyst in order for the bond to occur . This term includes . but is not 

limited to . epoxies . urethanes and silicones 

"Restricted materials" means pesticides classified as restricted use 

pesticides under N. .I .A .C . 7:3(1-2 .1(I or classified for restricted use b\ 

EPA pursuant to section 136a(d) of FIFRA~ 

"Semisolid" means a product that . wfien at room temperature. will not 

pour. but will spread or deform easily, including. hut not limited to . gels . 

pastes . and greases. 

"Sha~ ing cream` means an aerosol product that dispenses a foam 

lather intended to be used with a blade or cartridee razor. or other wetshaving system, in the removal of facial or other body hair . This term 

does not include shaving gel . "Shaving gel" means an aerosol product that dispenses a post-l'oaming 

semisolid designed to be used with a blade . cartridge razor. or othel 

shacing system in the removal of facial or other body hair . This term doe, 

not include shaving cream . 

"Soft household surface sanitizer" nteans a product labeled to 

neutralize or eliminate odors on surfaces to which fabric refreshers arc 

applied and listed in the definition of "fabric refresher" above . whose 

label is registered as a sanitizer under FIFRA . 

"Solid" means a substance or mixture of substances w)iich is not 

capable of visually detectable flow as determined under AtiTM D-4359-

9t)*[(200!))el]**(2006)*, as supplemented or amended. The substance or 

mixture of substances ma,, be in a form either whole or subdivided (such 

as particles comprising a powder). 

"Solvent cleaning machine" means any decice or piece of equipment 

w ith a capacity greater than 7 .6 liters (two gallons) that uses melh\ lene 

chloride . perch loroethylene . or tricltloroethylene to remove or dissol\e 

grease . grime, oil and other oil-based contaminants from a \ariet) of 

motor vehicle Substrates or surfaces or miscellaneous metallic parts. 

"Spill-proof spout" means any spout that complies .kith the 

certification requirements at N..I . .A .C . 7.27-24 .R and with N.J .A .(_ . 7 .27-

24 .9 . 

"Spill-proof system" means am configuration of portable luel 

container and firmly attached spout that complies Nkith the certification 

requirements at N.J .A .C . 7 :27-24 .$ and with N.,I .A .C 7:27-24 .9 . 

-Spot rerno\e~ " means a product labeled to clean localized areas. or 

remove localized spots or stains on cloth or fabric such as dtapes . carpch, 

upholsterN . and clothing. that does not require suh;equent laundermg to 

achieNe stain removal. This term does not include dr~ cleaning flUid. 

laundry prewash, or multi-purpose solN ent, 

"Spout" means. with respect to a portable fuel container, any de\icc 

that can be firmly attached to the container and that setvec as the conduit 

through which the contents of the portable fuel container may he poured 

out of the container. not including a device that can lie used to 

the spout to accommodate necessary applications . 

"Sty lin_" means the forming. sculpting. or manipulating of the hair to 

teniporarih alter the hair's shape. 

"Toilet,'urinal care product' means a product designed or labeled to 

clean and/or to deodorize toilet box\ls . toilet tanks. Or urinals. includin ;.a . 

but not limited to, toilets or urinals connected to permanent plumhine in 

buildings and other structures . portable toilets or urinals placed at 

temporary or retvote locations. and toilet or arinal~ in vehicles such as 

buse,, recreational motor homes. boats, ships, and aircraft . This terrrm does 

not include hathroom and tile cleaner or general purpose cleaner. "Type A propellant" means a compressed gas such a ; CC), N_. N=(~~ 

or compres,;ed air, used as a propellant and eithet incorporated NNith tile 

(CITE 40 N. .L.R. 6788) NE" JERtiEti REGISTER, MONDA'V, DECEMBER 1, :0118 
ADOP"I70NS 

product or contained in a separate chamber ~+ithin the product's 

packagin'-' . 

-'Type B propellant" nrcans any halocarbon used a ": a propellant . 

including chlorotluorocarbons (CFCs), hydrochlorolluorocarbnns 

(HCFCs)- and hydrotluorocarbons (HFCs). 

""T~pc C propellant" tnetms any propellant not a Type A or 'l ypc F9 

propellant, including propane . isobutane . n-butane . and dimeth ;l ether 

(also kno\~n as dimethyl oxide) . 

. ."Variance" means a temporary exemption based on extraordinary 

economic hardship granted in accordance with N .J .A .C . 7 :27-24 .4(_j) and 

(I;) to a manufacturer of' a chemically formulated consumer product . 

which temporary exemption relieves the manufacturer from meeting an 

applicable VOC content standard in Table I at N.J .A .C . 7 :27-24 .4(a). or 

granted in accordance with N..f .A .C . 7 :27-24 .8(e) and (f) to a 

manufacturer of a portable fuel container. spout, or portable fuel 

container and spout, \vhich temporary exemption relie,~es the 

manufacturer from meeting the standards at N .1 .A .C . 7 :27-24.8 . 

"Vinyl /fabric/leather/polycarbonatc coating" means a coating designed 

and labeled exclusively to coat Ninyl . fabric . leather . or polycarbonate 

substrates . 

'-Volatile organic compound" or -'VOC- means a volatile organic 

compound, as that term is defined bv the EPA at 40 C'FR 51 .100(s). 

which is incorporated hy reference herein, together with all amendment,., 

and supplements . 

. - ""Wood cleaner" means a product labeled to clean wooden materiak . 

including, but not limited to . decking. fences . flooring. logs . cabinetr\, 

and furniture. This term does not include dusting aid, general purpose 

cleaner, furniture maintenance product. floor wax stripper, floor polish or 

wax, or products designed and labeled exclusively to preser,~e or color 

wood. 

7 :27-24 .2 Applicability 

(a) This subehapter applies to any person who sells, offers for sale . 

holds for sale, distributes. Supplies . or manufactures for sale in New 

Jersey any consumer product in (h) or (c) below and that is for use in 

New Jersey by a consumer or hy a person who uses the product in 

providing a service. This subchapter also applies to any person who 

advertises any portable fuel container or spout for sale in New Jer,ey . 

(b)-(c) (No change .) 

(d)This subchapter does not apply to the following chemically 

formulated consumer prodrrut5 : 

1 .-2. (No change.) 

3. Any insecticide that contains at least 98 percent by weight 

paradichlorobenzene; 

4 . Before January l . 2009. any solid air freshener that contains at Ica';l 

98 percent by weight paradichlorubenzene . 

5 . (No changc in text ) 

6. Any of the followurg adhesi~es . 

i . (No changc . ) 

ii . A contact adheske that is a non-aerosol product and that is sold in 

units of product, less packaging . ti hich consist of more than one gallon : 

ENVIRONMENT-kL PRO1 ECTIO\ 

iii . Either of the following adhesi\ es . pro% ided th<,t it is a non-acrrl,0l 

product and that it is sold in units of product. les; packagin,, . \+hich 

wcigh more than one pound and consist ofmorc tliari Ih fluid ounces : 

( I ) (No change .) 

f2) A general purpose adhesi~e : and 

i~ . A contact adhesi\e - special purpose that is sold in urnits of 

product. less packaging. that contain more than eight fluid ounce, : 

Recodify existing 6. and 7. as 7 . and 8. (No change in te\t ) 

(e) This subchapter does not apply to the following, types of portahle 

fuel containers : 

1 A safety can meeting the requirrrnent, of Federal regulation, at ''9 

C'FR 1910 .106 : 

2. (No change .) 

3 . A rapid refueling device with nominal cnpae iq greater tlrarr on equal 

to four gallons, if the device : 

i .ls designed for use in official] % sanctioned nff-highway motor 

sports. such as car racing and motorcycle competition " , : 

ii . (No change.) 

iii . Is designed to operate in conjunction \\ith a recei~er permanently 

installed on the target fuel tank : 

4 A portable fuel tank manufactured specifically to delker fuel 

through a hose attached between the portahle fuel tank and the outboard 

engine for the purpose of operating the outboard engine . or 

5 . A closed-systenr portable fuel coutainei that is used cxclusivelY f'or 

fueling remote control model airplanes. 

(f) N.J .A .C . 7 :27-24 .4(n) does not apply lo a solvent cleaning machine 

or to liquid products that are designed, laheled. promoted and advertised 

(elpressed or implied) solely for use in a sokent cleaning machine. 

(g) (No change in text .) 

(h) No manufacturer shall be held liable for the sale of a consunrer 

product that does not comply with the requirement~ of this subchapter to 

a consumer in New Jersev if: 

1 . (No change.) - 

2. The manufacturer meets each of the. obligations listed in (g)2 

through 5 above. 

(i) A retailer who sells. offers for sale . oi holds for sale in Ne\\ .lertey 

a chemically fortnulated consumer product thai violates tile standank al 

N. .I .A .C. 7:27-24 .4 or a portable fuel contuiner and/or spout that violates 

the certification requirements at N.,I .A .C . 7:27-24 .8(a) tnay demon;trale 

compliance with the applicable provisiorr~ of' thr5 subchapter, if tile 

retailer provides am one or more of thc follov~ing 1ype,; of docunrcntation 

witlr respect to its purchase of the consumer product. portahle fucf 

container and/or spout in question : 

I .-3 . (No change .) 

7 :27-24 .4 Chemically formulated con, ;tuner produits : standard, 

(a) Except as pro\ided at N.J .A .C . 7 :'_7-24.2 aud in (c)'°, (d)* and 

*[(i)]* *(j)* below, no person shall sell. offer for sale . hold for sale, 

distribute *for sale*. supply °°for sale*. Or manufacturc for sale in Ne\~ ~

Jerse% a chemically formulated consumer product that belongs to a 

chemicall) formulated consumer product categor\ listed in Table I 

below, that was manufactured on or after the operative date in Table I 

belrnN . and that contains a VOC content in excess of the applicable limit 

specified in Table 1 below . 

1 ABLE 1 

ChemicallN Formulated 

Consumer Pr oduCatee ct r?r~ Form 

Adhesive Renmover : 

VUC CONTENT LIMITS FOR CHEMICALLY FORVIULAT ED CONSUMER PRODI CTS 

Floor or "all covering 

Gasket or thread locking 

General purpose 

Maximum Allowable VOC Content 

(percent by weight,' unless othenNise indicated)- 

State Standard State Standard ')late Standard 

Operative Date Operatke Dal,: Operative D.rte 

4/')0!9i,-12131/04' Ill/0" lil'09 

5 

50 

20 

NEW JERSEY REGISTER, MOND4V, DECEMBER 1 " 2008 (CITE 40 \.J .R . 6789) 
E'SV7RONMEN"IAL PROTECTION ADOPTIONS 

Specialty 70 

Adhesives *[Aerosal]**Aerosol* : 75 

Mist spray 65 

Web spray 55 

Special purpose spray adhesives : 

Mounting. automotive engine 70 

compartment, and flexible vinyl 

Polystyrene foam and automotive 65 

headliner 

Polylolefin and laminate 60 

repair/edgebanding 

Contact : 80 80 N'A"s~ 

Contact general purpose 55 

Contact special purpose 80 

Construction, panel, and floor covering 40 15 

General purpose 10 10 

Structural waterproof (Reserved) 15 

Air fresheners Single-phase aerosols 70 30 

Double-phase aerosols 30 25 

Liquids/pump sprays 18 18 

Solids/semisolids ; ; 

Antiperspirants Aerosols 60 HVOC 40 HVOC 

10 MVOC 

Non-aerosols 0 HVOC 0 HVOC 

0 MVOC 

Anti-static products . non- 1 1 

aerosol 

Bug and Tar Remover*s* 40 

Dusting aids Aerosols 35 25 

All other forms 7 7 

Electrical cleaners 45 

Electronic cleaners 75 

Engine degreasers Aerosols 75 35 

Non-aerosols 75 5 

Fabric protectants 75 60 

Fabric polishes/waxes Products for flexible flooring materials 7 7 

Products for nonresilient flooring 10 (0 

Wood floor wax 90 90 

Fabric refreshers Aerosol 

Non-aerosol 

Floor wax strippers Non-aerosol : 

For light or medium build-up 

For heavy build-up 

Footwear or leather care Aerosol 

products 

15 

6 

; 

12 

75 

Solid 55 

Other forms 15 

(CITE 40'S.J .R. 6790) NEWJERSEY REGISTER, MONDAY, DECEMBER 1, 2008 
ADOPTIONS 

Glass cleaner~ Aerosols 12 

All othcr forms 8 

Non-aerosols 

Graffiti remover-, Aerosol 

Non-aerosol 

Hair mousse' . 16 

Hair shines 

Hair sprays 80 

Hair styling gAs 6 

Hair styling products Aerosol and pump sprays 

All other forms 

Heavy-dutN hand cleaner or 

soaps 

Shaving creams 

Shaving gels 

Tire sealants and inllators 

Toilet/urinal care products Aerosol 

Non-aerosol 

Undercoatings Aerosols 

Wood cleaners Aerosol 

Non-aerosol 

Footnotes to Table : 

r"- (No change.) 

3 As of January 1 . 2005. the State limits operative as of April 30, 1996 are no longer applicable . 

' See N.,I .A.C . 7:27-24 .4(i) for additional State requirements pertaining to charcoal lighter material . 

5 On and after January 1, 2009, the contact adhesive category shall be not applicable and 

general purpose and Contact special purpose.* 

(b) (No change .) 

(c) Notwithstanding the proN isions of (a) above and the specifications 

of Table I above. for a consumer product with a label that is registered 

under FIFRA, the operative date of the applicable State standard is one 

year after the operative date specified in Table. 1 . (d) Except as provided at (n) through (p), (t) and (u) below, a 

chemically formulated conmumer product manufactured prior to the 

operative date specified for that product in Table I above, may he sold . 

supplied, or offered for sale after the specified operative date, if that 

product complies w ith the standards in effect at the time that product was 

manufactured . and if that product displays the date or date-code in 

accordance with the requirements at N.J .A .C . 7:27-24 .5(d), (e) and (f) . 

(e)-(f) (No change.) 

(g) If anywhere on the principal display panel of a consumer product 

manufactured before January 1, 2009, or any F1FRA-registered 

insecticide mauuiactured before January 1 . 2010, any representation is 

tnade that the product may be used as . or is suitable for use as, a 

consumer product that belongs to more than one chemically fonnulated 

consumer product category in Table 1 at (a) above, then the lowest VOC 

content limit shall apply . However. this subsection does not apply to 

general purpose cleaners, antiperspirants. deodorants, and insecticide 

foggcrs. 

(h) If anywhere on the principal display panel of' a consumer product 

manufactured on or after January 1, 2009. or any FIFRA-registered 

insecticide manufaclured on or after January 1 . 2010. or on any sticker or 

label affixed thereto . any representation is made that the product rnay be 

used as, or is Suitable for use as . a consumer product that belongs to more 

than one chemically formulated consumer product category in Table 1 at 

(a) above, then the lowest VOC content limit shall apply . Thk, 

requirement does not apply to general purpose cleaners . antiperspirants_ 

deodorants and insecticide fogger~ . 

ENN 1R0'S NIEtiTAL PR07 ECT10\ 

12 

50 

30 

6 

55 

55 

b 

6 

8 

5 

7 

20 

40 

1(1 

3 

17 

4 

is replaced with tAo nc« categories, Contact 

(i ) (No change in text ) 

(it A chemically fornnrlaled consumer product is exempt from (at 

above and (n) below if: 

l . The manufacturer of tile product has been granted an IPL. ACP or 

variance for the product bN either : 

i . C'ARB, pursuant to its antiperspirants and deodorants, consumer 

products, alternative control plan or autocnotiee consumer products 

regulations (including all amendments and supplements) at I, C(~k 

94503.5, 94505. 94511, 94514, 945-40 through 9-15 ;5 or y3111. 

rcspectively ; or 

ii . By the air pollution control agency of another slate that h&, adopted 

a consumer product rule based on or substantially equiValernt to the Oznnc 

7 ransport Commission (OTC) "Model Rule tur Consumer Products" 

dated November 29, 2001, including subsequent revisions (accessible at 

the OTC's website at ht~t ://www-otoair .or )_ and 

2 . The IPE. ACP. or variance is valid for use in Nev, Jersr% pirr`uant 

to (k) below, 

(k) An IPE, ACP, or N ariancc in (j) above shall not lie valid fot use it] 

New Jersey to comply with this subchapter urrle,s 

1 .-4 . (No change.) 

5. Prior to relying on an IPE, ACP. or Nariance fur compliane~_ the 

manufacturer has submitted to the Dep,rrtmeitt, in accordanc~~ with ((t 

below. the following: 

i .-ii . (No change .) 

iii . A copy of the document(s) cetting forth the IPE. ACP, or variancc : 

the issuing agency's approval ; the issuing agency's conditions of ilc 

approval ; the demonstration of' (k)4 above if an IPE ; and anN docurnznnt=, 

from the issuing agency that subsequenily modify or terrninate it, . 

conditions of approval ; documentation demonstrating compliance with 

the 1PE. ACP or variance ; and 

NENb JERSEY REGISTER, MONDAl-, DECEMBER 1, 2008 (C17 E 40 \ .,I .R . 6791 t 
EAVIROWE:VE.al_ hROTI CTION 

i% . A staten .ent that the IFF . ACI' . or \arianuc . as \%ell ur, tile 1-itoLklCt 

lor \\hich the II'L . ACP. or \ariancc is beini used. conliunrns ~\ith (l .)I 

through -l ahme. as applicable : and 

6. (No change .) 

(U An-\ suhrnittul made pnr<uant to (k)5 ahme shall be sent to the 

addres> giNen al N .J .A .C . 7 :27-2-1.3(d) and the en~elop;: or pacl,age sliall 

he labeled as tollm~~s : 

l .-3 . (No chartce .) 

(in i (No change in te\t .) 

(n) Except as provided at N.J A.C . 7 :27-24 .2(f). and at (o) *land (p) 

helo\% . and subject to]`*, (q) and* (r) belotti . on and after January I . 

2009 . no person shall sell . offer for sale . hold for sale, distribute *fur 

sale*, suppl' % *fur sale*, or manufacture for stile in Nevt Jer, .~ an) 

contact adhe~,ive. electronic cleaner. footwear or leather care product. 

general purpose degreaser. adhesive remover. electrical cleaner. grafiiu 

remover or automotive consumer product that contain,, a chlurinatcd toxic 

air contaoninant even if it rueet~ the VOC content standards at (a) ahu\e . 

(o) Am contact adhesive . electronic cleaner. footv~ear or leather care 

product. general purpose dcgreaser, adhesive remover. electrical cleaner. 

graffiti remover or aututnotive consumer product that was mantrfacttned 

before January l . 2009 and contains a chlorinated toxic air contaminant 

ma_, he sold . offered for sale . held for sale . distributed. or supplied 

through December 31 . 2011 . so long as the product container or packafc 

displays tire date on vvhtch the product v,as manufactured, or a code 

indicating such date . in accordance ,nith N .J .A .C . 7 :27-24 .5 and the 

product otherwise tneets the VC1C content standards at (a) above 

(p) (-)it or alter June 30. 2011 . an\ person who sells or suphlie, *fur 

sale* a consumcr product identified *[ahovc]* in (o) above to a 

distributor or retailer Must nvtif) the distributor or retailer in N\ritink that 

the product cannot be sold alter December 31 . 2011 . 

(q) The requirements of (n) through (p) above do not apph to anN 

contact adhesitie. electronic cleaner. 1?totvvear or leather care product, 

general purpo,e de ereaser. adhesile remover, electrical cleaner. graffiti 

remover that contains a chlorinated toxic air contaminant that is present 

as ,in impurit\ in a cuntbined amount equal to or less than 0.01 percent h\ 

weight . 

(r) for purpose, of (n) above. an automotive consumer product 

curnatns a chlorinaded toxic air- contaminant if the product ct~ntants l .ti 

percent or more by \Neight (e\clusive of' the container or packaginc) of' 

meth) lenr chloride . percliluroethN lene . or trichloroeth\ lene, a~ 

determined hN the test method specified in N.J .A .C . 7:27-24 .7(h) . 

(sl (-)n and after Jartuar\ 1 . 2009 . no person shall sell . supplN *for 

sale* . offer lot- sale . or manufacture for use in New 

Jersey 

any solid air 

irc;heners ill- toilet/urinal care products that contain paradichlorohenzene_ 

except that solid au fresheners and toilet/urinal care products thal conlain 

paradiclilurnbenzerle and v,ere manufactured before Januar\ l . 2009 tna) 

hr sold . supplied_ or offered for sale through December 31 . 2011 . so long 

as the produ.t container or package disl)la\s the date (in \\hich lhe 

product v%a; manufactured . or a code indicating such date. in accordance 

\Nith N .I .A C 7- 27-24 .5 . 

(il Oil or after June 30 . 2011, any person \\ho sells or supplies *for 

Sale* a solid air freshener or toilet/urinal care product that contains 

paradichlorobenzene to a distributor or retailer must notif-, the distributor 

or retailer in writing that the product cannot be sold after December 31 . 

2(111 

7:2-1-?-1 5 Chenurall\ ft,rntulated consunter pruducis : regtstratiun and 

laheling 

(a)The tnenufacturer ol a clteu,ically I~,rmulateeJ consumer prodtict 

that is Subject to thrs subchapter pursuant to N.J .A .I_' . 7:27-24 .2(b) I shall 

rcgi,ter or re-rzgi~ter I lot manufacturers who have submitted reaistrauvn 

pi lot tc .little 6. 2004 l m -fill the Department as tollov\~ : 

1 . (No chanee 1 

2 ThL re=islration or re-registration shall be submitted in accordartcx 

~~it h the ti0flowing, schedule . 

i For a chemicallv formulated consumer product sold ill t`ie%+ Jcr,cy 

'[1)1-30 1 ' JanuarN I . 2f10-7 . the registration (it- it-reListration shall be 

submitted nn u after June 6. 2004 and prior to ,lanuar-s 1 . 2005 . and]` 

*and nut previuush registered, the registration shall he submitted no 

ADOPTIONS 

later than the later of March 29, 2009, or is ithin 90 daNs of selling the 

product in \e« Jersey .* 

*1 ii . For a chemicall\ formulated cun,umer product ,old in rvat\ 

.Icrse\ on or after January I . 2005 . that ,i,es not sold in Ne\N Jerse\ prior 

to Januan I . 2005 . if the product 1helongs to a caleeorN that the 

ntantdacturer has not previousl\ regi,tered \\itlt the Departmetut. the 

registration shall be Submitted prior to selling the product in Ne\~ ~

Jersey :]' 

3 . (No change .) 

(b)-(cl (No change . ) 

(d) Except as provided at (fl brlox% . a manufacturer of a chemicall~ 

formulated consumer product subject to this subchapter pur,uant tu 

N . .1 .A .C . 7 :27-24 .2(b)I shall clearl\ displa~. oil each product package, 

the da5 . month. and year in v<~hich the product ,Nas manufactured, or a 

code indicating such date (that is . a date-code) The date or date-code 

shall be located on the packaging. or inside the cover or cap. so that it iS 

readilN observable or obtainable tNitlrout u-re~ersibk disasszrrnhling am, 

part of the packagmg . such as b~ simpl~ remos ing the cover or cap. ( ise 

of the 1blloming code to indicate the date of mturufacture in contpltance 

with the requirements of this subsection "ill exempt the manufaCtUlcl 

from the requirements of (e) belo\j . if the code is represented separate)) 

from other codes on the product container so that it is easily reccrgnizablr 

YY DDD 

Where: 

"1'Y"' = two digits representing the N_ ear in vthich the product vva1 

manufactured . and 

"DDD- = three digits representing thr dav of tile Neat on which the 

product was manufactured . \sith "001- representing the first dtn of' the 

Near . "002" representing the second da_\ of the }car. and so forth (alyu 

known as the ".Julian date") . 

(e) If fur an) consumer product, the manufacturer uses a date-code 

other than the YY DDD format descrihed at (d) uhoN e to complN \-vitli (d) 

above. the manufacturer shall submit an e\plunation of the date portion of 

the product code to the Department I lie explanation shall be suhmitted 

,nith the electronic registration or re-registration. in accurdaitce \kith tile 

require.ntents of (a), (b) and (c) obrn e 

(f) Subsection (d) aho\ e dues not appll to a product if: 

I .-2. (No change .) 

3 . The product's label is retis(errd under rIFR-1 . 

(g)for an\ aerosol adlte5he . adlie~,ke reniuN er, contact adhesive, 

electronic cleaner . electrical cleatier . and energized electrical cleaner 

products manufactured on or after the effecti,e date for the product 

category specified in Tahle 1 at N. .I .A t-' 7.27-24 4(a) . the manufacturer 

shall ensure that : 

I . The follo\~~ing information shall he clearlh_ di~,plct\ed on each 

product package 

i . The nante (ac given in Table I at N.J. VC. 7:27-24 4(a)) of the 

specific product categtrrN to which the product helong5 (tor e\' .unple . 

autrmtohile headliner adlte~i\e) or . an ahhrc,iatiorn 01, the nant~ of the 

categor~ : 

ii . Except for an energized electrical cleaner. the applicable VC)( 

content standard to which tile l,roduct i .~ subject. under -1 able I at 

N .I .A .C . 7 :27-24 .4(a)- e\pre,sed a~ a percentagc hN \\eight: and 

iii . (No change ) 

2 . (No change .) 

3 . The information required under (-`)1 ahove ;hall hc displa ;ed on thL 

product packaging such that n is readilx - ohser, able without remtt\ mg or 

trre).ersihlN disassemhling an~ portion of the product pachagin<<. 

Information maN be displa\ed on the hotiom (if' a ccmuuncr or packa-c as 

long as it is cleark legiblc without rernminv an\ product pacl.aein . 

(h) (No chanee ) 

(i) No person shall erasr~ . altca. deface . or otherc\ise remove or rnakc 

illegible am irnfirrnntuicm reyuired to he di,~pla\ed oil am product 

packagine under (dl. (t) ~~r (hl abu~c. hrior tn the final ;alc of thc hroduct 

it) u conSumer \\ithout the e\pres, authorizatioi ; of the manulacturer7:2"'-'4.t, ChemicaLl', formulated consurnei ptoduct, recordkechin-~1 

and reporting 

(a) (No change .) 

(CI IF 40 N..I .R .6792) NEW ,IERSEI REGISTER, NIUNDAY, DECEMBER l, 2008 
ADOPTIONS 

(h) The Department rna\ require the manufacturcr of a chemicalk 

lbrmulated consuiner product suhiect to thiti subchapter pursuant to 

N.J .A .C 7.27-24 .2(a) to submit information which May include the 

information in (b)1 through 3 belo%l . It the Manufacturer does not hme or 

does not prmide the information requested by the Department . the 

Department maN require the reporting o1 this infonnation by another 

person who has the information. including. but not limited to . a 

formulator . manufacturer . supplier. parent compam . private labeler. 

distributor. or repachager . 

l .-2 . (No change.) 

3. For an} of' the manuf'acturer's products subject to the standard,; in 

Table 1 at N.,1 .A .C . 7 :27-24 .4(a)- the tolloN\ing information (it' tile 

product is sold in more than one fornn, this infonnation shall be provided 

separately for each product form): 

i .-v . (No change .) 

vi . Sales ol'the product within the State . given to the nearest pound in 

pounds of product (not including the weight of packaging) per year, and 

the method used to calculate the sales : 

vii . For each product . the net percent by weight of the total product 

less packaging . comprised of the following . rounded to the nearest onetenth of a percent (0 .1 percent) : 

(1) (No change. ) 

(2) Total of carbon-containing compounds specifically excluded from 

the definition of "VOC.'~ as defined at N.J .A .C . 7:27-24 .1 : 

(3)-(7) (No change .) 

viii .-ix . (No change.) 

x . For each product . the identitq, including the specific chemical name 

and associated Chemical Abstract Services (CAS) number. of the 

following : 

(1) Each compound specifically excluded from the definition of 

"VOC," as set forth at N . .I .A .C . 7 :27-24 .1 : and 

(2) (No change .) 

xi . If the product includes a propellant . the following : 

(1) The weiglrt of the propellant . gi,~en as a percentage of the weight 

of the product sold . not including packagung, rounded to the nearest onetenth of a percent ((1 .1 percent) : and 

(2) Identification of the type of propellant (Type A. Type B, T) pe C' . 

or a blend of the different types) . 

(c)-(i) (No change.) 

(j) 7PE, ACP. and variance documentation shall be submitted to the 

Department in accordance with N. .I .A .C . 7 :27-24 .4(k)5 and (1) . 

7 :27-24 .7 Chemicall\ 1i0rmulated consumer products : testing 

(a) Upon the vtritten request of the Department. any manufacturer of a 

chemically formulated consumer product subject to the requirement,.; of 

this subchapter shall test any of its products that are sold . offered for sale . 

held for sale . distributed . Supplied, or manufactured for sale in Ne\n 

Jersey to determine the VOC content of the product (or in the case of 

charcoal lighter material, its emissions per start) or the amount of a 

chlorinated toxic air contaminant the product contains . Such testing shall 

be performed utilizing the test methods in (b) through (g) belovI, . as 

applicable . 

(b) Testing to determine compliance v,ith the VOC content limits at 

N.J .A .C 7 :27-24 .4(a) or the prohibition of chlorinated loxic air 

contaminants at N .J .A .C . 7 :27-24 -1(n) shall be performed using : 

1 . CARB Method 310. Detcrminatinn of Volatile Organic Compoun& 

(VOC) in Consurner Product~ . adopted September 25 . 1997 . as 

supplemented or amended. which is incorporated by reference herein For 

purposes of' determining compliance nith N.J .A .C . 7:27-24 .4(1) through 

(o). Sections 3.5 and 3 .-1 of CARB Method 310 shall be used and the term 

"VOC" in those sections shall be interpreted as meaning "chlorinated 

toxic air contaminant" : or 

2. An alternative method that is shov\n to accuratek determine the 

concentration of V( )Cs or chlorinated to\ic air contaminants in a product . 

Such method~ rtnisl first he approved in \,Iriting h\ the Department and 

EPA. 

(c) (No change .) 

(d)Testing to determine \Nhether a product is a liquid or a solid shill 

be performed using ASTM D4-,59-90"[(2000)el]**(2006)°' . "Standard 

EN\ -1RONAlEVr-Xl. PROTECTIO'N 

Test Method for Determining Whether a MatCi Lil is a Liquid or a Solid ." 

as supplemented or amended. ~lhicli i, incorporated h_\ referene.C herein . 

(e) (No change .) 

(f) Testing to determine distillation points 0f pctroleum distillate-based 

charcoal lighter materials shall be perfotYn .~d using AS I'M D86-

*[(14]**076* . as supplemented or amended. \%luch is incorporated b\ 

reference herein . 

(g) Testing to determine v\hether a material is a --plasticizer" ma\ he 

determined using ASTM Method E?60-°-[91 . including suhseyuent 

revisions]**96(2(106), as supplemented w- amended*, ~~hich i ; 

incorporated b` reference herein . 

(hl-(i) (No change .) 

7:2?-24 .8 Portable fuel containers and ,pill-proof shouts : certification 

requirements 

(a) Except at provided at N ..I .A .C . 7 :27-24?(et *and (c) and (d) 

beloiO. no person shall sell . offer for sale. hold lot sale. ad,,ertise *fur 

sale* . distribute *for sale* . suppl} *for sale* . Or manufacture for sale in 

Nev, Jersey on or after *[(30 days after the operative date of these 

amendments)]* *January 28, 2009*. am portable fuel container, spout . 

Or am portable fuel container and spout that has not been exempted from 

CARB *[and]* *or* the EPA's certification requirements at 13 CCR 

2467.3, 2467 .4 and 2467.6 and 40 CFR 59.660 through 59.60, 

respectivel5 . or has not been certified fur use and sale bv the 

manufacturer as follows : 

*[i .]* *I .* For CARB certification, the product must be co\ered b) a 

C'ARB Executive Order issued pursuant to 1-3 CCR 2467 through 2467 .y : 

or - 

*Jii .]* *2 .* For EPA certification. the product must be covered b\ an 

EPA certificate of eonfonnity issued pursuant to its portable fuel 

container certification program at 40 CFR 59 .600 through 699. 

(h) Certification criteria. including all test procedures for determining 

certification and compliance with the standards applicable to portahle fuel 

containers, spouts, or portable fuel containers and spouts . produced on or 

after 1`[(30 days after the operative date of these rules)]* *January 28, 

2009,* that are manufactured fur sale, advertised for sale, sold . or offered 

for sale in Neev Jerse) . or that are introduced. deliN ered or imported into 

Nev` JerseN for introduction into commerce and that are suhlect to anN of 

the standardt, prescribed in this subchapter_ and doc,unients iucorporated 

b) reference therein . are as follows : 

1 . For C'ARB certification . in "C'P-5111 . Certification Procednre foi 

Portable Fuel Containers and Spill-Proof Spouts ." as supplemented or 

amended. CP-501 is available at oe or frorn 

contacting CARB, at : ](to] "1~~ 'Street 

P .O . Box 2815 

Sacramento. CA 95812 

(916) 322-3260 

or at vtiebmast ernIarb .ca .e ov_ : and 

2 . For EPA certification. in 40 CFR Pail 59 . Subpart F. generalk- and 

for testing specifically . 40 CFR 59 .653, each as supplemented or 

amended 

(c) Notwithstanding the provisions of' (a) aho,,e . a portable fiiel 

container or spout or both portable fuel container and spout manufactured 

before *[(30 days after the operative date o( this rulemal.in'-)]* *Januar.~ 

28, 2009,* ma) be sold. offered for sale, held for sale. di ! ;h_ ~r( .' . 

-IT 

supplied foi sale until *[(one year from the operative date of' this 

rulemaking)]* *December 29, 2009,* if it is labeled or designated for use 

solel~ v,ith kerosene and the date of manufacture or a datc-code 

representing the date of manufacture i~ clearl_N displmed on the portahlc 

fuel container or spout and on the packaging (if any) in «hich it is ~,old . 

The date of manufacture or date-code shall be located so that it u readil~ 

obser\ able V~ithout dicas:embling an) part Of the pockaging (if am ), If 

the manufacturer uses a date-codc to connpl~ v.itfi thk subseetion . thc 

manutacturei shall elrctronicall\ reeistei die product. includine an 

explanation of the date-code . in a~;cordance vith the requirentents at 

N.J .A .C . 7:27-24 .10(a) . 

(d) The provisions of (a) and (c) abo\e do not appl~ to a spoin, 

portuble fuel container, or portable fuel contauier and ~,pout if' 

NEW JERSEY REGISTER. IVIIONDAI , DEC EMBER 1, 2008 (CH E 40 ~.,LR . 6793) 
ENVIRONMENTAL PROTECTION 

l . The spout . portable foal container . or portable fuel container and 

spout ha,~ been exempted or granted an IPE or variance b~ CARB. the 

EPA. or b~ the air pollution control agene, of another state that ha< 

adopted a portable fuel container rule based on or substantialk equivalent 

to the Ozone Transport Commission (OTC) "Model Rule for Portable 

Fuel Container Spillage Control" dated March 6. 2001 . including 

subsequent recisions accessible at the OTU s website at 

http :liw \vv-otcair.orQ : and 

2 . (No change .) 

(e)-(f) (No change .) 

(g) Compliance with the certification requirements in this subchapter 

does not exempt spill-proof' systems or spill-proof spouts from 

compliance with other applicable Federal and State statutes and 

regulations such as State fire codes . safety codes, and other safety 

regulations . 

727-24.9 Portable fuel containers and spill-proof spouts : labeling 

(a) On and after January 1, 2005, a manufacturer of a spout, a portable 

fuel container. or a portable fuel container and spout that is subect to this 

subchapter pursuant to N.J .A .C . 7:27-24 .2(b) shall clearlN label the 

product as follows: 

I . The following shall be displayed on a portable fuel container or on a 

portable fuel container and spout : 

i . The phrase "Spill-Proof System" to mean that the product meets tlrc 

applicable requirement- at N .J .A .C . 7 :27-24 .8 : 

ii . (No change.) 

iii . A representative code identifving the Executive Order Number 

issued b)CARB or the number issued by the EPA for the portable fuel 

container or portable fuel container and spout : 

2. The phrase -`Not Intended for Refueling On-Road Motor Vehicles" 

in type 34 point or greater shall be displayed on a portable fuel container 

or on a portable fuel container and spout . spill-proof spout . or label . and 

on any accornpan) ing package if; due to its design or other feature . the 

portable fuel container and spout cannot be used to refirel an on-road 

motor % ehicle : and 

3 . The following shall be displa%ed on a spout's accompanying 

package, or for spill-proof spouts sold without packaging, on either the 

spill-proof spout or a label : 

i .-ii . (No change .) 

iii . A representative code identifying the Executive Order Number 

issued hy C ARB or the number issued by the EPA for the spout : and 

iv . The make. model number, and size of only those portable fuel 

container(v) the spout is designed to accommodate and can demonstrate 

compliance v,ith N. .I .A .C . 7:27-24.8 . 

(b) Manufacturer: of pot-table fuel containers or portable fuel 

containers and spouts not suFiject to or not in compliance with the 

applicable standards in N ..I .A.C . 7 :27-24 .8 may not display the plura~e 

"Spill-Proof Spout- or "Spill-Proof Systcm" on the portable fuel 

container or spout on anN sticker affixed thereto, on an_v label, or on any 

accompanying package. 

7 :27-24 .10 Portahle fuel containers and spill-proof spouts : 

recordl .eeping and reporting 

(a) If the manufacturer of a spout. a portable fuel container, or a 

portable fuel container and spout uses a date-code on a product or its 

packaging. the manufacturer shall electronically regi,ter or re-register tile 

product \Nith the Department by following the procedure at N.J .A .C . 

7 :27-24 .5(a) l und 2, (b) and (c)_ and by following (b) through (e) below . 

(h) (No change in text .) 

(c)Thc registration shall be submitted in accordance \nith the 

followinc schedule : 

1 . For a spout, portable fuel container. or portable fuel container and 

spout sold in NeNN JerseN *[prior to January 1, 2005, the registration shall 

be submitted on or after June 6. 2004 and prior to 

January 1, 200~ ; and]' 

*and not previousl) registered, the registration shall be submitted no 

later than the later of March 29, 2009, or « ithin 90 days of selling the 

product in New Jersey .* 

[2 . For a spout . portable fuel container. or portable fuel container and 

spout sold in New 

Jersey 

on or after January 1 _ 2005, that was not sold in 

New .ferse-, prior to .lanuar\ 1 . 2005 . the registration shall be submitted 

prior to selling the product 'ill Nev~ ~.lerse\] * ~ 

AUOP"FIONs 

Recodif\ existing (f) and (g) as (d) and (e) (No chanae in text .) 

7 :27-24 .11 (Reserved) 

7 :27-24 .12 Penalties and other requirements imposed for failure to 

comply 

(a) (No change .) 

(b) If a chemicall\ formulated consumer product subject to this 

subchapler does not complN with the applicable VOC or chlorinated toxic 

air contaminant content requirements al N .J .A .C . 7 :27-24 .4, the 

Department max issue an order including,,, but not limited to, any or all of 

the following : 

1 . Requiring the product *s manufacturer to : 

i . Demonstrate to the satisfaction of the Department that the test results 

or calculations are in error . and that the product in fact complies with the 

applicable VOC or chlorinated toxic air contaminant content 

requirements at N.J .A.C . 7 :27-24 .4 ; 

ii .-iii . (No change .) 

2 . (No change .) 

3 . Prohibiting the sale of the product in New Jersey until the 

manufacturer makes a demonstration to the satisfaction of the Departmem 

that the product to be sold will meet the applicable VOC and chlorinated 

toxic air contaminant content requirements at N ..I .A.C . 7:27-24 .4 . 

(c) If a spout, portable fuel container, or portable fuel container and 

spout subject to this subchapter fails to compl\ with the applicahlc 

requirements at N.J .A .C . 7:27-24 .8 . the Department may issue an order 

requiring the product's manufacturer to demonstrate to the satisfaction of 

the Department that the product in fact complies with tile applicable 

requirements at N. .1 .A .C . 7:27-24 .8 by producing evidence of CARB or 

EPA certification or the issuance of an IPE, ACP, or variance for the 

product, or recall its non-complying product from all retail outlets in NeNN 

Jersey \,vithin 30 days of the issuance of the order. *[2 . Requiring any distributor or supplier of the product to assist ir . a 

recall taking back ano of the product it has distributed or supplied to a 

retail outlet ; and/or 

3 . Prohibiting the sale of the product in Ne%A Jersey until the 

manufacturer demonstrates to the satisfaction of the Department that the 

product to be sold NN ill meet the applicable requirements at N. .LA .C 7 :27-

24.8 .]* 

SUBCHAPTER 25. CONTROL AND PROHIBITION OF AIR 

POLLUTION BY VEHICULAR FUELS 

7 :27-25 .1 Definitions 

The following words and terms, "lien used in this subchapter. have tile 

following meanings. unless the context clearly indicates otherwisc : 

"Volatile organic compound" or "VOC"" means a volatil~: organic 

compound as that term is defined b} the EPA at 40 CFR 51,100!s), as 

supplemented or amended, which is incorporated by reference hercrn . 

SUBCHAPTER26. PREVENTION OF AIR POLLUTION FROM 

ADHESIVES, SEALAN IS . ADHESIVE 

PRIMERS AND SEALANT PRIMERS 

7 :27-26 .1 Definitions 

The follrnNing words and terms . when u~ed in this sulichapter. have tile 

following meanings, unless the context clear] N indicates otherwise . 

"AcrNlonitrile-butadiene-stirene" or "ABS welding adhcsivc" rrnean3 

any adhesive intended by the manufacturer to weld acrylnnitrilebutadiene-sqrene pipe. which is made by reacting monomen °t 

acrylonitrile, butadiene and st\ rene 

`Adhesive" means am chemical substance tijLrt is applied for tic 

purpose of bonding two surfaces together other than by- mechanic"d 

means. 

"Adhesive primer" means an~ product intended b\ the nranul~r~t~'r''r 

for application to a substrate, prior to the application of an adhesiVc- t° 

provide a bonding surface. 

"-Aerospace component" means for the purposes of thi ; subchapter . 

th~ 

fabricated part . assembl) of parts or completed unit of am aircraft, 

(CITE 40 \.J .R. 6794) 1SENN' JERSEt" RLGISTER, MONDAY. DECEMBER 1, 2008 
,aD01'TIONS 

helicopter. missile . or space vehicle . including passenricr Safet_\ 

equipment- 

--Aerosol adhesixe'" means an adhesive packaged as an aerosol product 

in which the sprax mechanism is permanentlN housed it) a non-refillable 

can designed for handheld application N-ithout the need for ancillar\ 

hoses or spra,, equipment. 

Architectural sealant or primer" means anN sealant or sealant primer 

intended b) the manufacturer to be applied to stationary structure, . 

including mobile homes. and their appurtenances. Appurtenances to an 

architectural structure include, but are not limited to : hand railings . 

cabinets. bathroom and kitchen fixtures . fences . rain gutters and 

doNTISponts. and window,' ;. 

"Automotive glass adhesive primer" means an adhesive primer labeled 

by the manufacturer to be applied to automotive glass prior to the 

installation of the glass using an adhesive/sealant. This primer improve,, 

adhesion to the pinch Neld and blocks ultraviolet light . 

*`Bituminous" means a material, consisting mainly of 

hydrocarbons and soluble in carbon disulfide, that is obtained from 

natural deposits or as residue from the distillation of crude 

petroleum oils or of lom grades of coal .* 

"CARB" means the California Air Resources Board. 

"Ceramic tile installation adhesive" means am adhesive intended by 

the manufacturer for use in the installation of ceramic tiles . 

"Chlorinated polyvinyl chloride plastic" or "CPVC plastic" means a 

polymer of the vinyl chloride monomer that contains 67 percent chlorine 

and is normally identified with a CPVC marking. 

"Chlorinated polyvinyl chloride welding adhesive" or '`CPVC welding 

adhesive" means art adhesive labeled for the welding of chlorinated 

polyvinyl chloride plastic . 

"Cleanup solvent" means a VOC'-containing material used to remove a 

loosely held uncured (that is. not dry to the touch) adhesive or sealant 

from a substrate, or to clean equipment used in applying a material . 

"Computer diskette jacket manufacturing adhesive" rneans any 

adhesive intended by the manufacturer to glue the fold-over flaps to the 

body of a vinyl computer diskette jacket . 

"Contact bond adhesive" means an adhesive that : 

1 . Is designed for application to both surfaces to be bonded together : 

2 . Is allowed to dry before the two surfaces are placed in contact with 

each other; 

3 . Fornns an immediate bond that is impossible. or difficult. to 

reposition after both adltrsive-coated surfaces are placed in contact with 

each other; and 

4 . Does not need sustained pressure or clamping of surfaces after the 

adhesive-coated surfaces have been brought together using sufficient 

momentary pressure to establish full contact between both surfaces . 

This tenn doeo not include rubber cements that are primarily intended 

for use on paper substrates and vuicatvzing fluids that are designed and 

labeled for tire repair only . 

"Cove base" mean5 a flooring tr}tn unit, generally made of vinN I or 

rubber, having a concave radius on one edge and a convex radius on th,~ 

opposite edge that is used in forming a junction between the bottom wall 

course and the floor or to form an inside corner . 

"Cove base installation adhesive" means any adhesive intended by the 

manufacturer to be used for the installation ol~a cove base or Nall base on 

a Nall or vertical surface at floor level . "Cyanoacrylate adheske" means any adhesive Nith a cyanoacr\lat. 

content of at least 95 percent by Neigltt . ~ 

"Department" means the Department of Environmental Protection . 

*"Distributor" means a person (to Hhom a product is sold or 

supplied for the purpose of resale or distribution in commerce, 

except that manufacturers, retailers, and consumers are not 

distributors .* 

"Dry wall inst :illation" means the installation of" glpsurn dry Nall to 

studs or solid surfaces using an adhesive formulated for that purpose. 

"EPA" means the United States Environmental Protection Agencv . 

"Exempt compound" means any compound exempted hy tile y EPI1 

from the definition of '~V'OC' at 40 CFT~ 51 .1(Ill(s), as supplemented or 

amended, which is incorporated by reference herein . 

"Flexible vin~ 1*' means non-rigid pol~~vtnyl chloride plastic N ith at 

least five percent by "eight plasticiz.er content. 

E\\ IR0111EN7 A1 . I'll OTEC'"I ION 

"Fiber-) lass" means a material consistinL of e,.tre.niel .~ tiilc gla  

fibers . 

"Indoor floor covering installation adliesi\e° tneans am adhe,i\c 

intended by the manufacturer for use in tli . installation of Nood floorinc . 

carpet . resilient tile, vin,,I tile . vinyl-backcd carpet, resilient sheet and roll 

or artificial grass. This term does not include an\ adheske that is used to 

install ceramic tile and perimeter-bonded shcet flooring Nith \in~l 

backing onto a non-porous substrate. Such as fle\ihlt: \ in) . 

"Laminate" means a product made by bondinL together tNo or morc 

la_vers of material . 

.

.1oN-solids adhesive. sealant or primer' means any product that 

contains 120 grams or less of solids per liter of material . 

"Marine deck sealant- or "marine deck sealant primer" means en) 

sealant or sealant primer labeled for application to wooden marine deck-, . 

"Medical equipment manufacturing" means the manufacture ot 

medical devices, such as . but not limited to . cathetets. heart ~alves . blood 

cardioplegia machines . tracheostomy tubes. blood oxygunators, and 

cardiatorN reservoirs . 

"Metal to urethane/rubber molding or casting adhesive" means any 

adhesive intended by the manufacturer to bond metal to high densit~ or 

elastomeric urethane or molded rubber materials . in heater molding or 

casting processes . to fabricate products such as rollcrs I'm coniputci 

printers or other paper handling equipment. 

"Multipurpose construction adhesive" means anv adhesive intended h~ 

the manufacturer for use in the installation or repair of variou, 

construction materials. including but not limited to drNvvall, suhfloor. 

panel, fiberglass reinforced plastic (FRP), ceiling tile and acoustical tile 

"Nonmembrane roof' installation/repait adhesk e *or sealant` mcans 

any adhesive *or sealant* intended by the manufacturer for use in the 

installation or repair of nonmembrane roofs and that is not intended fioi 

the installation of prefabricated single-ply flexible roofing membrane, 

including. but not limited to, plastic or *[asphaltl' *bituminous' roof 

cement, *[asphalt roof coating]* and cold application cement 

"Outdoor floor covering installation adhesive" means any adhesive 

intended by the manufacturer for use in the installation of floor covering 

that is not in an enclosure and that is exposed to ambient weatlicr 

conditions during normal use. 

"Panel installation" means the installation of pi 

* 

ywood, pre-decorated 

hardboard (or tileboard) . fiberglass reinforced plastic, and similar predecorated or non-decorated panels to studs or solid surtaC, usiiiL' an 

adhesk 

"Perimetet 

e formulated 

bonded 

for 

sheet 

that purpose . 

floorina installation" rncans the in ;talltiuot, 

of sheet flooring with vinyl backing onto a nonporoun substrate usint, an 

adhesive designed to be applied onl\ to a strip with a width of up to I~u.u 

inches around the perimeter of the sheet flooring . 

"Person" means an individual, public or private corporation, compan~_ 

partnership, firm, association, society or joint stock coiupan~ . 

municipality . state. interstate bodN, the United States, or any board, 

commission . employee . agent. officer or political subdi\ ision of a state. 

an interstate body or the United States . 

"Plastic" or "plastics" means a synthctic material chemically formed 

h\ the polymerization of organic (carbon -hased) suh,~tance,~ . Plastics are 

ueually compounded with modifiers. extenders. and/or reinforcers and are 

capable of being molded, extruded . ca ;t irnto \ariuu, shapes and film~ or 

dramn into filaments . -Plastic cement Neldina adhesive" means anN adhesive uiten,fc ; h, 

the manufacturcr for use to dissolve die surface of plastic to lonn Lt bond 

betNeen mating surfaces . 

"Plastic cement welding adhesive priniet° means anN primer intended 

h\ the manufacturer for use to prcparc Plastic ~uhstrates prior to bondin,_, 

or weldinE. 

"Plastic foani` means foam consh~nctcd of pla,tic.s . 

"Plasticizer" nmcan; a material . 

Such a, a hiali boiling homt or;;uu~ 

solvent. that is incorporated into a vinyl to, incrcri.e rt~ fle\ihilIt\ 

Norl.abilit} . or disten ;il)ilit)*, as dctermirted bc :1STVI Nlethud E.-2611-

96(20t16), as supplemented anti amended' 

"Polyvinyl chloride plastic" or "PVC plastic" meant a pol\ tile]- of thr 

chlorinated vinl I monomer that contain,.; 5;' percent chlorin:. 

NEW JERSEY REGISTER, MONDAI, DECEMI3ER l, 2008 (CITE 40 \.J .R. 679~t 
ENVIRO\NIENI .kL PRO 7'ECT70N 

"Polyvinyl chloride rselding adhesi\e` or -PVC: t~eldin2 adhesi :c" 

mcan, arn adhesi\e intended by the manufacturer for use ir, tile o,%eldillL 

of PVC plastic pip:. 

`Porous material` means a substance that has tim openings . often 

microscopic:, in ~%ltich fluids max be absorbed or discharged . includim, . 

but not limited to. v~ood . paper and corrugated paperboard . 

`Propellant" means a fluid under pressure that expels the contents of a 

container \khei a \al\e is opened . 

*"Reactive adheske" means an adhesi%e that requires a hardener 

or catalyst in order for the bond to occur. This term includes, but is 

not limited to, epoxies, urethanes and silicones .* 

'-Reactive diluent" means a liquid that is a reactive organic compound 

during application and one in that, through chemical and;or physical 

reactions such as polymerization, 20 percent or more of the reaetixe 

organic compound becomes an integral part ofa finished material . 

*"Retailer" means any person A ho owns, leases, operates, 

controls, or supettiises a retail outlet. 

"Retail outlet" means an) establishment at which products are 

sold, supplied, or offered for sale directly to consumers.* 

-Roadway sealant" means any sealant intended by the manufacturer 

for application to public streets" highways and other surfaces . including, 

but not limited to . curbs . berms. driveways and parking lots. 

"Ruhher" means arny natural or manmade rubber substrate, including 

but not limited to . styrene-butadiene rubber . polyehloroprene (neoprene) . 

butvl rubber. nitrile rubber, chlorosulfonated polyethvlene and ethNlenc. 

propylene diene terpolvmer . 

-SC AC)MD'" means the South Coast Air Quality Management District. 

a pail of the California Air Resources Board, which is responsible for the 

regulation of air quality in the State of California . 

"Sealant" means anp material with adhesive properties that is 

formulated primarily to fill, seal- waterproof or weatherproof gaps or 

joints between tv`o surfaces . Sealants include sealant primers and caulks . 

"Sealant primer" means anv product intended by the manufacturer for 

application to a subqtrale . prior to the application of a sealant. to enhance 

the bonding surface . 

"Sheet-applied rubber installation" means the process of applying 

sheet rubber liners hy hand to metal or plastic substrates to protect the 

underlying substrate from corrosion or abrasion . These operation, also 

include laminating sheet rubber to fabric by hand . 

'-single-PIN roof, membrane" means a prefabricated single sheet of' 

rubbet (normall~ ethylene-propyleue diene terpolymer) that iti fieldapplied to a building roof using one la\ er of membrane material . 

"Single-ply roof membrane installation and repair adhesive" means 

am adhesive labeled for use in the installation or repair of single-ply roof 

ntemhrane. Installation includes, as a minimum . attaching the edge of the 

membrane to the edge of the roof and applying flashings to vents. pipes 

and ducts that protrude through the membrane. Repair includes gluing the 

edges of torn tnembrane together . attaching a patch mer a hole and 

reapplyin.-^_ fla,hings to vents, pipes or ducts installed through the 

rnemhrane. "Single-pl\ roof membrane adhesive primer" means any primer 

labeled to-or use to clean and promote adhesion of the smgle-pl\ roof 

mentbrane seams or splices prior to bonding . 

"Sinsle-pl .\ roof membrane sealant' means any sealant labeled for 

application to single-ply roof membrane . 

"Solvent" means organic compounds that are used as diluents . thinners . 

dissoh ers_ viscositv reducers . cleaning- agents or other related uses . 

"Structural glazing adhesive" means any adhesive intended b~ the 

manufacturer to applN glass . ceramic . metal . stone or composite panels to 

exterior buildina frames . 

"Sublloor installation" means the installation Of SUbflooring material 

over floor .joists, including the construction of an) load-bearing joists . 

Subiluoruic is covered bN a finish surface material . 

"Surface preparation solvent" means a solvent used to remove dirt . oil 

and other contaminants fiom a substrate prior to the application of a 

printer. adhe ;ke or sealant . 

'"Thin metal laminatinz adhesiN e' means any adhesiN e intended h~ the 

tualwfactttrer for use in bonding multiple layers of metal to metal or 

metal to plastic in the production ofelecnonic or niagnetic component, in 

v.hich the thickness of the bond line(s) is less than 0.25 tnik 

ADOPTIOtis 

-I ire repair" means a process that includc eapanding a hole, teat . 

fissure or blcrnith in a tire ca5ing h\ grindim_ or '_Iougmg. applying 

adhe5k e and filling the hole or crevice V+ith rubber 

"Tire retread adhesive" means arny adheske intended b~ the 

manufacturer for application to the back of precured tread rubber and to 

the casing and cushion rubber . Tire retread adhe~ke maN also be used to 

seal buffed tire casings to prevent oxidation \\hile the tire is beina, 

prepared for a neu tread . "Traffic marking tape" means preformed reflective film intended by 

the manufacturer for application to public streets, highways and other 

surfaces, including but not limited to curbs . herms. driveNnays and 

parking lots . 

"Traffic marking tape adheske printer" means any primer intended hy 

the manufacturer for application to surface; prior to installation of traffic 

marking tape . 

`Undersea-based weapons systems component" means the fabrication 

of parts. assembly of parts or completed units of att% portion of a mis,ilc 

launching system used on undersea ships . 

"Volatile organic compound'" or "V0C- means a volatile organic 

compound as that term is defined by the EPA at 40 CFR 51 .100(s), as 

supplemented or amended, which is incorporated by reference herein . 

"Waterproof resorcinol glue" mmeans a 1%%o-part resorcinol-resin-based 

adhesive designed for applications where the bond line must be resistant 

to conditions of continuous immersion in fresh or salt water . 

7:27-26 .2 Applicability 

(a) Except as provided in N .,1 .A .C . 7 :27-26 .4, this subchapter applies 

to any person who: 

I . Sells, supplies *for sale*. offers for sale or manufactures for sale in 

Ne%N Jersey any adhesive . sealant, adhesive primer or sealant primer for 

use in New Jersey ; or 

2 . For compensation . uses or applies any adhesive, sealant, adheske 

primer or sealant primer " ithin New .lerscy . 

7 :27-26 .3 Requirements 

(a) Except as provided in N .J .A .C . 7 :27-26,4(e)*,* *[and]* (g)*, (i) 

and (I)* . on and after January 1, 2009, no person shall manufacture for 

sale in Ne%N Jersey any adhesive, sealant . adhesive primer or sealant 

prinmer that exceeds the applicable VOC content limits specified in Table 

1 belov, . 

(b) Except as provided in (i) belovt and N .I .A .C . 7 :27-26 .4(n) . (b) . 

(e)*,* *[and]* (g)*, (i) and (1)* . on and after January l . 2009. no person 

shall sell . supply *for sale* or offet for sale in Nev, Jersey am_ adhetii\e . 

sealant- adhesive primer or sealant primer that exceeds the applicable 

VOC content limits specified in Table 1 beloti . 

(c) Except as provided in (f) and (i) below and N.J .A .C' . 7 :27-26 .d(a) 

through (d)*, (h) and (1)* . on and after January l . 2009. no person shall, 

for compensation . use or appl\ v\ithin Nev, JerseN an\adhesive, sealant, 

adheske primer or sealant pruner that e\ceeds the applicable VOC 

content limits specified in Table I belo),N 

(d) The VOC content limits in Table I for adhesives applied to 

particular substrates apply as follovss : 

1 . If an operator uses an adhesive or sealant subject to a specific VOC 

content limit for such adhesive or sealant in Table 1 . such specific limit is 

applicable, rather than an adhesive-to-substrate limit : and 

2 . It' an adhesive is used to bond dissimilar substrates together . thc 

applicable substrate category vvith the highest VOC content is the limit 

for such use . . 

(e) Any person suh_ject to this subchapter using a surface prepar=dion 

or cleanup solvent shall : 

l . Except as proN ided in (e)2 belc,v\ for single-ply roofing. not use 

materials for Surface preparation containing VOCs . unless the Vt>C 

content of the surface preparation sokent is less than 70 grams per liter : 

2 . If using a surface preparation sokent in applying single-ply roofing. 

not use materials for surface preparation containing VC1Cs. unlc"s tile 

composite vapor pressure, excluding %xater and exempt compo~uncls. 01 

the surface preparation sokent is less than or equal to 45 millimeters of 

ntercury (mm H¬ ) at 20 degrees Celsius; 

3. Not use materials containing VOCs for the removal of adhesives. 

sealants . or adhesive or sealant primer~ from surfaces. other than spray 

application equipment. unless the composite ~ apor pres~ure of the solNCtlt 

(("IT E 40 N.J .R. 6796) NE\~ JERSEI REGISTER, MONDAI, DEC'EVIBER 1, 2008 
,ApOPT101S 

used is less than or eL;ual to 45 millitneters of' tuvrcury (1111n H~1 at 20 

dcgrecs Celsiw,: and 

4 . Remove an adhesive . sealant, adhesive primer or sealant ptirner 

from the parts of spra~ application equipment . 

i .In an enclosed cleauinl- s)stem . or equivalent cleanint~ sNstern. a~ 

determined by the test method identified in N .J .A .C 7 :27-26 .6 : 

ii . By using a solvent v,ith a VUC content less than or equal to 70 

grains of VC1C per liter of ntateriaL ot 

iii . B\ soaking parts containing dried adhesive in solvent containing 

VOCs, if the composite vapor pressure of the solvent, excluding v, atei 

and exempt compounds. is less than or equal to 9.5 nuri Hg at 20 degrees 

Celsius and the parts and solvent are in a closed container that remains 

closed except when adding parts to or removing parts from the container. 

(f) A person using an adhesive . sealant. adhesive primer or sealant 

primer subject to the pro\ isions of this subchaptet may comply v\itlt (c) 

and (e) above by using add-on an- pollution control equipment if the 

following requirements are met: 

1, The VOC emissions trom the use of all adhesives. sealant,-, . 

adhesive primers or sealant primers subject to the provisions of this 

subchapter are reduced b\ an o),erall capture and control efficiency of at 

least 85 percent . hN v~eioht: 

2. The combustion temperature is monitored continuously if a thermal 

incinerator is operated . 

3 . Inlet and eXhaust Eas temperatures are monitored continuously tt a 

catalytic incinerator is operated : 

4. Control deN ice efficiency is monitored continuously if a carbon 

absorber or control device other than a thermal or catalvic incineratot is 

operated ; and 

5 . Operation records suflicient to demonstrate compliance with the 

requirements of this subsection are maintained as required by N.J .A .C . 

7:27-26 .5 . 

(g) Any person using adhesives, sealant,,,, adhesive primers. sealant 

primers, surface preparation or clean-up solvents sub ject to this subchapter 

shall store or dispose of all absorbent materials. such as cloth or paper. that 

are moistened with adhesives. sealants. primers or solvents subject to this 

subchapter. in non-absorbent containers that shall be closed except "N 'l-IC11 

placing materials in or remo\ ing materials trotn the container. 

(h) No person shall solicit. require the use or specitN the application of 

any adhesive . sealant. adltesive primer, sealtult primer, surl'ace 

preparation or clcan-up solvent if such use or application re,,ults m a 

violation of the pro\ isirms of this subehapter . This prohibition applie" to 

all written or oral contracts under -which an) adhesive, sealant- adltesivc 

primer, sealant primer, surface preparation or clean-up solvent Subject to 

this subchapter is to he used at any location in New JerseN . 

(i) An adhesive. sealant. adhesive printet or sealant primer that exceed,, 

the applicable VOC content limits specified in Table 1 belrnv, manufactured 

prior to January, 1 . 2009 . may be sold, supplied . offercd for sale . or used 

after January 1 . 2009, if that product displays the date or date-code in 

accordance with the requirements at N..1 .A .C 7:27-20 .7(b) and 26 .8 . 

Table 1 . VOC Content Limit, lot- Adhesives, Sealant,; . Adhesive Primers. 

Sealant Primers and Adhesi\ es Applied to Particular Substrate~, 

*,N1aaimum* VOC content limit 

Adhesive . sealant . adhesive (grams VOC per liter") 

rimer or sealant pri ntet-ceuegon *OperatiNe Date 1/1/2()09°' 

Adhesives 

ABS weldinL 400 

Ceramic tile inst3ilation 130 

Cornputet diskettejacket 850 

tnanufacturina 

Contact bond _50 

Cove ba~e installation 150 

CPVC weldirt_~ 4r40 

Indoor floor coverinu 150 

installation 

Metal to urethaneirubb .r 

molding or castiu, 

MUltiptirposc construction 

Nonmembtane roof 

ittstallation'repair 

E\VIRUN.NIL\l .aL PRO'I ECI [O\ 

Other plastic cernent vveldinz: 

Outdoor floor coN erin2 

installation 

PVC vvelding 

Single-ply roof memhrane 

inctallation/reptur 

Structural glazing 

Thin metal laminatina, 

Tire retread 

Perimeter bonded sheet \iny I 

flooring installation 

Waterproofre,~orcinol glue 

Shect-applied rubber 

installation 

Sealant< 

Architectural 

Marine deck 

Nonrneittbrane roof 

installation%repair 

Roadv< ay 

Single-ply roof membrane 

Other 

Adhesive Pritners 

Automoti\e glas,; 

Plastic cement weldinc 

Single-ply roof membrane 

Traffic marking tape 

Other 

Sealant Prim ers 

Non-pnrous architectural 

Porous architectural 

Marine deck 

Other 

Adhesives Ap ~lied to t he 1 i ;t~d 

Substrate 

Fle\ible vinyl 

Fibert=lass 

Metal 

Porous material 

R ubbcr 

Other Sub,1trate,1 

8?o 

211(1 

300 

iIo 

_50 

Slfl 

?5U 

100 

780 

IHHi 

660 

170 

8i0 

2 SU 

76(1 

300 

250 

41~0 

a?il 

'(ttt 

l>>f) 

2j(t 

1 511 

_iIl 

25(I 

775 

7(,() 

200 

;(I 

110 

~'S(1 

NEW JERSEY REGISTER, VI01DA1-, DE('EVIBE,R 1, 2008 (CI FE 40 NA. R. 07')7) 
ENVIR(1N\lEN1 1L PROTE( "I ION 

'1-he V(tC crnitent i,~ delernnin ; d as the wciLht of \olatile Coil pound, 

Ie~=. ~,atet atid e~:ctiil~t compounds as specified in N .J .A .C . 7:27-26 .6 . 

*(j) I -or an architectural sealant or sealant primer that also falls 

ssithin the definition of a marine deck sealant, nonmembrane roof 

installation /repair sealant, roadway sealant, single-ply root' 

membrane sealant or marine deck sealant primer, the highest VOC 

limit shall apply, unless the manufacturer markets the product as for 

more than one use, in is hich case the loss est VOC limit shall apply" 

~. :2°-21b.l E\ .mptions 

(al The requirements of this suhchapter do not apply to the follo\Nine 

u~nipowid_ : 

I . Adl-~esive~. sealants, adhe .~ive primers or sealant prirners being 

tested or evaluated in ani laboratot-, testing (including testing bN research 

atid de~ ::lopment. qualit ., as~urance or analyntcal laboratories), provided 

record, art maintained sutficient to demonstrate compliance ,vith this 

exemption and in accordance v,ith N. .1 .A .C . 7:27-26 .5 : 

? .Adtw;ives, sealantti, adheske primers and sealant printets that arc 

subiect to the provisious of N.J .A .C 7 :27-24 : 

; .Adhesives and sealants that contain less than 20 giants of VC)C per 

litei of adhe~ive or sealant. less Natet and less e.vempl cotnpntmd, . as 

applied, 

4. Cvanoacrylale adhe ;ives: 

5. Adlhesives other than plastic cetnent welding, adhesives and contact 

alIheSivel, sealant, . adhesi\e primers or sealant primers that are sold or 

supplied b~ the tnanufacturer or supplier in containers with a net volumc 

(-of I b fluid ounce,~ or less, or a net ~~eiaht of one pound or less : and 

G . Contact adhcsives that are sold or supplied b3 the manufacturer oi 

supplier in containers ~~ith a net volume of one gallon or less . 

(bt The requireuirnts of this subchapter do not apply to the lollovving 

operal iorr;~ 

1 . Tirc repair operation,,. provided the label of the adltesive states For 

tire rep,ut (oil) 

' 

\ ": 

2. The astemblv . repair and tztanuf,ctute of aerospace or underseabascd Nticapon. -,stems components ; 

3. solvent weldinp operations used in the manufacture ol medic,il 

dc vice ; ; and 

4 . Nlaque-IatuinatinE, operatiorr, m which adhesives are used to hond 

cleat, polvcster acetate laminate to wood vrith lamination equipmcrn 

tn"t .Illed pilot, to Jul ~ 1 . 1992 . The exemption in this paragraph shall not 

apph until Fit per"on clainintp, the exemption notifies the Department in 

~\ritiwi that a complyin, adhesive is not available. 

i ::) The pro\isioris of this sut,chapter. olher than NI .I .A .C . 7:27-2(). ."(a) 

ancl (t'l, do nor apply if th~, total of VOC emissionq from all adi-itskes . 

-falants . I )I -ml -I,, ~wd sealant Fit -iniers L, Ise d at th e fa - ci 1 it 3' i s 1eq s 

than 21)(1 potiri& per calendar year, or an e(.jui\ alent rolunle . Ali) person 

claintititt c\rmption pur;uant to this suheection shall record and maintain 

for tive ~eare ntnnthly operational record,, sufficient to denionitrate 

k~nmph ;tn ;;e 

(d) The pro\ i ;icu- c,t 'NJ . -N .(' 7 :="'-26.3(el and (e) do not apply to the 

use n1 ~un adhesn e~ . seal<int ; . adhesive primer,. sealant primers, cleanup 

solvernti and ;urfrtc preparation solvents . provided the total volume ul 

nrnicnntpl0tu~,' adl,esives . sealants . prirners . cleanup and surl~ice 

preparatton ~ohent_, applied facilit~-vvide does not ewecd 55 gallons per 

Calcudat ),eau- . an) pet ;cm clmmim~ eNcmption pursuant to this subsection 

shall rec(ltd and maiiitain for 17~e v_ ear~- monthl) operational records 

,uffitient 14) dell toncurate compliance . 

(e) This .uh,;hapter does not apph to a manufacturer or distribuioi 

~ .Itn ~elk . ~ul~plie~ or Clflers lot sulo : u1 Vev< Jersey am adhesive . sealant. 

aclhe~ive primer oi cealarnt print_t that does not cotnpl~ v`ith tilt Voc 

CntaenL Ihnu, in 1` .J .AC . 7:"'-~-''6 ., . Table I, provided that such 

manul'ictuttr or distributor makes and keep-, records demonstrating: 

1 . Flit adhe,ive . sealant, adlte>i-,e printer or sealant primer i, intendecl 

l~~~ slutmeut and usc outr.iclr of\v,.\ Jersey : and 

' . Ti« tnarntfacturet or dutrihntot has taken I-C-1,;ollable precautions to 

W;-ure that tlte adhesive . s .al<od . ucllletiive primzr or sealant printer is not 

,li~,u-ibute i too Or Mtitin he\r .ler ;aN . 

(it ]'It ., lrro~istons (d f te) aho\e do not appl\ to au% adhe" ive. sculatit, 

t. {hc, :~e pnmet ni ,ealaTil prtmtr th .tt is ,old . 

supplied or offered ion sale 

", atlti persot, to ~ a tttail outlet lit Ne\~ ~ .Icr,ev 

aDOP I -IONS 

(fa N J . 1 C . 7: :.7-26.3(a) and (h) do not al-oploto the ,ale or 

rnianulacturC for sale of am adhcskc . scalant. adhe,;i\e primer or sealant 

pritncr to a person complNing vvith the reqruirements of this subchapter h\ 

usin_ add-on air pollution control equipment . in Coil lorn~ance \\itli a 

permit issued pursuant to 1 .J .A .C' . ,:?7-8. that satistie, file lCLlOirC1lI0llt', 

for such add-on equipment at \.J .A .C . 7:27-26 .3(11. 

*(h) A person may use in Ness Jerses "single-ply roof membrane 

installation or repair adhesis e5, and atlhesh c primers," 

manufactured on and after January 1, 2009, and before Januar) 1, 

2012 . that exceed the \OC content limits specified in 7 able I at 

N.J .A.C . 7:27-26 .3, only if the product that exceeds the limits is not 

used durin- the follovi ing periods: 

1 . In 20(19, during the months of June through August; and 

2. In 201(1 and 2011, durin~ the months of May throwhh 

September. 

(i) A person mat manufacture for use, supply for use or sell lot, 

use, in New Jersei, on and after January l, 2009, and before Januars 

1, 2012, "single-ply roof membrane installation or repair adhesiNev, 

and adhesise primers" that exceed the VOC content limits specified 

in Table 1 at N.J .A .C . 7:27-26.3 . onh if the product that exceeds the 

limits is not sold during the follon in-. periods: 

1 . In 2009, during the months of June through August; 

2 . In 2010 and 2011, during the months of' Mas throuw~h 

September; and 

3 . On and after January 1, 2012. 

(j) Any manufacturer that sells "single-ply roof membrane 

installation or repair adhesives, and adhesive primers" for use in 

New Jersey, that exceed the VOC content limits specified in Table I 

at N.J.A .C . 7:27-26 .3 as proNided in (i) above shall notify in writing 

each distributor, retailer and seller of the product that the product is 

not to be sold in New Jersey during the periods specified in (i) abose. 

'Ihis notification shall be made each year in accordance Hith the 

follo" in- schedule : 

1 . In 2009, prior to 'Nay 15 ; and 

2. In 21110 and 2011, prior to April 15. 

(k) 11 ' any, manufacturer that sells "single-plN roof membrane 

installation or repair adhesives, and adhesive primers" for use in 

Ness Jerse~' that exceed the VO(' content limits specified in I ablc 1 at 

N.J .A .C . 7:27-26 .3 as provided in (i) above sells a product direcll, v to 

the user of the product, the manufacturer shall notify in vi ritin;; each 

direct user of the product that the product is not to be used in '\eAl 

Jersey during the periods specified in (h) above. This notification 

shall be made each year in accordance with the follovi in . 

schedule : 

1 . In 2009, prior to May 15 ; and 

2 . 1n 2010 and 2011, prior to April 15 . 

(I) A person may manufacture for sale, sell, supply for sale, offer 

for sale, use or apply for compensation, stithin Ness Jersc, % . an? 

adhesive, sealant, adhesi%e primer or sealant primer that exceeds the 

applicable VOC content limits specified in Table 1 at N. .I .A .( .' :27-

26 .3, on or after January 1, 2009 and on or before June 29, 2010, if 

the user, in order to comply is ith this sulrehapter, will install add-on 

air pollution control equipment that is not installed as o1' Deccmber 

29, 2()08.* 

~ :?7-26 .> ndministrati~e requirement~ 

(a) 1n\ person suhject to this suhchaptcr pur,tuant to 

26.2-j(b)J'-(al* to \6om the Deparuneni Itas issuccl an air l~~nuit tm .ir 

N .J .,4 .C' . 7:?''-8 for any operation that imol~ CS the use or apl;liC; ;i ;m ~~f 

all adhcsive, sealant, adhesive pritner or .;,alaN ptitner shull m.unt,ur 

tccord, demonstrating contpliancc, includin,_, . hut not linut:.l t" . tilt 

tollo\\in:.~ information. 

. A list of each adhesivc, sealant . adhe,ice prirner. scnlhll ; I" ill""' 

cleanup 50lrent atid Surface preparatiort ,oj\Vjlt ill list and ill J:,1,1 

', A dat,, sheet or mnterial list \\hich pro%i,lc~ tile iiiaicjial 

rnanutacti.ner identification . tmd matenal applicaluou. 

~ . C'atalv.sts . reducers or other compomnt~ used and thc pi 

4. The VUC content of each product a, supplied : 

~1 . The linal VOC content or vif,or pressure . a; appli~~d : 

hrinn' . 6. The monthl~ volutne Of each adhesive . ,c~tlant. Jdh.,nc 

<~~tl .utt primer . cleanup Or surface pl-eparation solvCttr u;ed. 

l( 1T' C 40 ti .,1 .R.679tt) NFNNJ)rRSEI' RLGISrrR, MONDaI, DECEMBER 1, 2008 
ADOP7"0\S 

(b)Am person vtho complies v,ith 7:27-263(c) or (C) 

through the usc of add-on air pollution control equipment shall record thc 

kev operating paranietor ; for thc control equipment. includirnL but riot 

limited to. tile inforination : 

1, Thc tiofume used per da~ ofedch adhesive . sealant. adhesike primersealant primer or solvent that is sub,ject to a VOC content limit in 'Table I 

*at \,J .A,C . 7 :27-26 .3* and that exceeds such a limit: 

2 . ()it a daily basis- the conihcution temperature . inlet and exhaust gas 

temperatures and control device efficiency . as appropriate . pursuant to 

N.J .A .C . 7 :211-263(e) : 

3 . DailN hOUrS Of Operation : and 

4 . All maintenance perfornted including the date and t.~pe of 

maintenance . 

(c) For adhesives, sealants, adhesive primers and sealant primer-, 

subject to the laboratory testing exemption pttrsuant to N .I .A .C . 7 :27-

26 .4(a)1 . the person conducting the testing shall make and maintain 

records of all such materials used, including . but not limited to . the 

product name, the product categor~ of the material or type of applicatioti 

and the VOC content ofeach material . 

(d) Each record made to determine compliance with this subchapter 

shall be maintained for five vears front the date such record is created and 

shall be made available to the Department \n ithin 90 days of a request. 

7 :27-26 .6 Compliance procedures and test methods 

(a) Except as provided in (c) . (d) and (e) below. the VOC' and solids 

content of all non-aerosol adhesives . adhesive primers and clcanup 

solvents shall be determined using either : 

l . EPA Reference Method 24, Determination of Volatile Matter 

Content, Water Content, Deusitv . Volume Solids, and Weight Solids of 

Surface Coatings, as identified in 40 CFR 60. Appendix A, as 

supplemented or amended. and incorporated herein by reference ; *[or]* 

2. SCAQMD Method 304-91, Determination of Volatile Organic 

Compounds (VOC) In Various Materials, as supplemented or amended. 

and incorporated herein by reference. available in "Laboratory Methods 

of Analysis for Enforcement Samples" which can be viewed or 

downloaded from the South Coast Air Qualiti Management District 

(SCAQMD) website at fit tt,'-!v<ww-aqrideov/tag/rnchtods/ lahmethto chtml by clicking on the appropriate heading or method listed*[.]** ; (or' 

*3. For reactive adhesives, National Emission Standards for 

Hazardous Air Pollutants, Surface Coating of Plastic Parts and 

Products, Determination of Weight Volatile Niatter Content and 

Weight Solids Content of Reactive Adhesives, at 40 (FR Part 63 

Subpart PPPP, Appendix A, incorporated herein by reference.* 

(b) The organic content of exempt compounds shall be determine.d 

using ASTM D44~7-*[85]**02(2008)* . *[(Reapproved 1991)1*, Test 

Method for Determination of Dichloron-rethane and l . 1 . 1-

Trichloroethanc in Paint, and Coatings by Direct Injection into a Gas 

Chromatograph, as applicable. as supplemented or amended, and 

incorporated herein by referene:. NNhich is mailable from the American 

Society for Testing and fvlateriak (AST'M), 100 Barr Harbor Drive. Post 

Office Box C7(1(1 . West Conshohocken, PA 14428-2959 or from its 

%vebsite at vt-~ ~- .asttn .or~ . 

(c) The VOC content of any plastic weldincement adhesive or primer 

shall be determined using SCAQMD Method-') 16,A 112. Detennination Of 

Volatile Organic Compounds (VOC) In Materials Used For Pipes And 

Fittings, as supplemented or amended- and incorporated herein h~, 

reference. available in `Lahoratory Methods of Analysis for Enforcement 

Satnples- which can be vie«ed or do\N nloadecl from the South Coast Air 

Qualit .\ Managcment District (SCAQMD) %nebsite at hap: ;/i,,~~w_agm.j 

QI%lao/methci ds,'labmethtoc.html by clickin,~ on th, appropriate headin= 

Or method listed_ 

(d) To determine if' a diluetd is a reactive diluent. the percent of the 

reactive organic corrrpound that becomes an integral pail of the finished 

materials shall be determined using SCAQMD Mcthod 316 ^, 92 . 

Deterntination l_tf 1'olatilc Organi,: Compounds (VOC) In Materials 1),ed 

For Pipe,, .And Fittines . as supplemented or amended, and incorporatkd 

herein by reference- available in 'Laborator~ Methods of Anal ;si, for 

Enforcement Samples" which can be vie\\ed or downloaded from the 

South Coast Air Qusilit; Mar agement Di~trict (SCAQMD) v<eb~,ite at 

E\VIR()\-ME\TAI, PROTECTION 

http :!~~~~~~~ .aqrnd ~ov,-ta~~/meth ~d~%labmethtuc .htnil h~ clicking on the 

appropriate heading or method listed . 

te) The composite vapor pressure of Organic compounds in cleaning 

materials shall be determined bN quantit\in= the amount of each 

compound in the blend using. as applicable. either : I . For organies : ASTM F26i1-96'(2006)*, General Gas 

Chromatography Procedures . as supplemented or amended . and 

incorporated herein by reference : or 

2. For k~~ater content, ASTN1 D 3792-'['9]"*OS* Standard Test 

Method for Water Content of Water-Reducible Paints b) Direct Iniection 

into a Gas Chromatograph. US suppletnented or amended . and 

incorporated herein by reference. and the following equalion : 

s (W I(VPJ~M~ti 

Pp; 

1-1 

W /Mw +V '~W_'Mw, ; ~nW,/Mw, 

,-i ,-i 

Where: 

Pp, = VOC composite partial pressure at 20 dugrees C. in millimeters 

of rnercury (ntm fig) 

W, = Weight of the "i"th VOC compound . in grams, as determined bN 

.ASTM E 260-*[91]**96(2006), as supplemented or amended* 

W'  = \1'eight of water, in grams as detennined by ASTM D 3792-

*[86]**O5, as supplemented or amended* 

W = Weight of the "i"th exempt compound, in grants . as determined 

by ASTM E 260-*[9l]**96(2006), as supplemented or amended* 

MIA, = Molecular weight of the "i"th VOC compound, in grams per grnole . as given in chemical refcrencc literature 

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

MvN, = Molecular weight of the "i"th exempt compound, in gram,-, per 

g-mole, as given in chemical reference literature 

Vp, = Vapor pressure of the "i'°th V0( C0111I)OUnd at 20 degrees C, in 

mm H¬. as determined by (f) belov,-. 

Both of the above ASTM test nwthods are available from the 

American Societ) for Testing and Materials (4STM). 100 Barr Harbor 

Drke, Post Office Box C7011, West Conshohocken, P,A 19428-2959, on 

from its website at _Nww.astr n.oi :~ . 

(f) The vapor pressure of each single component compound rum be 

determined from ASTM D2879-97 . Test Method for Vapor Pressure-

`1 emperature Relationship and Initial Decornprn.ition TcmpernturC of 

Liquids by Isoteniscope, as supplemented or amen&d, and incorporated 

herein by reference, which is available from the American Society for 

Testing and Materials (ASTM). 10(1 Barr Harbor Dri\e, Post Office Bo\ 

C700. West Con,hohocken . PA l9d_'8-2959, or frorn its website at 

,,w~~.astnn .org . or ma) be obtained from am- of the f'0llowing Sources. 

1 . The Vapor Pressure of' Purc Substances : Boublil., Fried, and Hala: 

Elsevier Scientific Publishing Crnnpan), 'vevt York. 1994, as 

supplemented or amended ; 

2. Perry's Chemical F.ngineer's Handbool . ; McGrav%-Hill Book 

C ompam. Eighth Edition. 20t17 . as supplementcd or amended: 

3. CRC Handbook of Chemistr ., and PhN>ic,: C'hetnical Rubher 

Publishing Company, 88th Edition . 200"'. as supplemented ~i .tm. ~ ;l-~ .1 . 

a. Lance's Handbook of Chemistr.~ : John Dean . editor. MeGra\\ -Hill 

Book Company. 15th Edition. 1998 . a, supplemented or atnendcd : or 

5. Additional sources approved h~ the SCAQI1D or other California 

-iii districts . 

(g) Ifair pollution control equipment k used to meet the requirement~, 

of this subchapter . the owner or operator shall make the follov~~ine 

determinations : 

1 . The measurement of capture efficienc\ shall be conducted and 

reported in accordance vith the EPA Techrical Document '-Grudeline~ 

for Delerraiuinc. Capture Efficiencl ." iSSUCLI January () . 1995 . a, 

~upplernented or ametnded and incorporttt,l by refercrrce he.renr . \khich i~ 

available frotn tire l SEPA"s Office ot' Air Quality Planninr and 

Standards, Emission Monitorinc and Analvsis Division . Renearch 

l rian,,le Park. "IC 277711 °`[. .IanuarY 9 . 1 09; 11- ; and 

NEW JERSE.1 RFGISTER, 110\'DAl, DECEMBER I, 2008 (CF[ E 40 \.J111 67991 
ENVIRONNIL:N"IAL PRO'1'ECTION 

2. The control efficienc\ shall be determined in accordance with one 

ofthe lollowinL: 

i . LPA Method 25 . 40 CFR 60 . Appendix A. - Determination of Total 

Gaseous Non-Methane Organic Emissions as Carbon . as supplemented or amended and incorporated by reference herein : ii . EPA Reference Method 25A. 40 CFR 60- Appendi\ A. 

Determination of Total Gaseous Organic Concentration Using a Flarnc 

Ionization Anal%zer. as supplemented or amended and incorporated b.\ reference herein : 

iii . EPA Reference Method 25B, 40 CFR 60, Appendix A. 

Determination of Total Gaseous Organic Concentration Using a NonDisper,ixe Infrared Analyzer, as supplemented or amendcd and 

incorporated b.~ reference herein ; or 

i\ . ( AFLl3 Method 100, Procedures for Continuous Gaseous Ernission 

Stack Sampling . as supplemented or amended and incorporatcd h) 

reference herein . N~~hich can be obtained from CARB. Monitoring and 

Laboratory, 1927 13th Street. Sacramento . CA 95814. or at http :/rw\1v, . 

arh.ca.eovnesunet lr,'VO L I/M 100 PDF. 

(Ft) The active and passive solvent losses from spraN gun cleanine 

systems shall be determined using SCAQN1D~s "General Test Method for 

Determining Solvent Losses from Spra\ Gun Cleaning Systems ." dated 

October 3 . 19kr) . as supplemented or amended. and incorporated herein 

by reference, available from South Coast Air Quality Management 

District (SC'A(1MD), 21865 Copley Dr. Diamond Bar, CA 91765. and at 

http-!hosemite .ena .> ;ov/R9iR97 estmethod .n,fl0/4C'22D A95566CEFE78 8 

25 708F006p10FCStile/SC%20Sol°/o20 LossSprayGun id f. The test 

solvent for this determination shall be any lacquer thinner with a minimum vapor pressure of 105 mm of Hg at '?O degrees Celsius, and the 

minimum test temperature shall be 15 degrees Celsius . 

(i) For adhesives*, sealants and primers, with the exception of low 

solids adhesives, sealants and primers,* that do not contain reactiNe 

diluent,, grams of VOC per liter of adhesive, less water and e\empt 

compounds. shall be calculated according to the following equation : 

Grants of VC)( per litel _ WS - N'ia - WC 

ofadhesive 1-n,- I rv- le 

Where 

!4's - weight of \olatile compound,. in grams 

It in = weight of \\ ater. in gram,, 

N e -- 

weight (it exempt compounds, in grams 

I in = volume of material, in liters 

I vc = volurne of water. in liters 

f e -- \olumc of exempt compounds . in liters 

(j) For adhesi\es*, sealants and primers,* that contain reacti\c 

diluent, . the V()C content of the adhesive is determined after curing, The 

grain,, of VOC per liter of adhesi\e, less water and exempt compound,. 

shall be calculated according to the following equation : 

Grams of VOC per liter _ 11 r~ - !d'ria - Pi ire 

of adhesiN e T,-,,,j - ~,-,V,, - 

Where 

It rs = vveight of \olatile compounds not consumed during curing . in 

,,rams 

11 nr = weight of water not consumed during curing. in grams 

If re = weight of exempt cotnpounda not consumed during curing, in 

arauis 

` VI-In = volume of material not crntsumed durina curing . in liters 

1'r-rt = volume of water not consumed during curing, in liters 

Fre = \ olume of e\empt compounds not consumed durinL curine . in 

liters ~ ` 

(Ll *[lirams]* *For low-solids adhesi%es, sealants or primers, 

grams* of VC)C per liter of material shall be calculated according to the 

followin2 equation : 

Grams of VOC per T'1 s - lf ir - M r 

litei of adhcsiec 1'm 

AD01' 170,\ti 

Where 

ll s = weight uf Wlatile eunrpotunds. il-, ~ranc, 

ff'ir = weight of water. in grams 

!l e = wei~ht uf exempt comhound,. ill grtrm> 

J irr = ), olume nfmaterial . in liters 

(I) Percent VOC b\ Nlcight Shall be calculated according to the 

f'nliow ing equation : 

°rb VOC M weight -- I (it i 11,i] ~, I00 

Where 

bl'i = weight of VOCs in grams 

f1 = \\eiglrt of material in gram-. 

7 :27-26 .7 Container labeline 

(a) On and after .lanuar~ l, 2t10Y. cach manufacturer of an adhrsi\ c. 

sealant, adhesive primer or sealant primer sub tect to this subchapter sh~rll 

display the following information on the product cunlainor or lahel: 

1 . A staternent of' the manufacturer's recommendation regardin~~ 

thinning. reducing . or mixing of the product. ewept that : 

i . This requirement does not appl,~ to the thinning of a product wrtli 

water: and 

ii . If thinning of the producl prirn to use i~ not nece,~sar\ . the 

recommendation must specify that the product is to be applied without 

thinning : 

2 . The maximum or the actual VOC' content of the product in 

accordance with N .J .A .C . 7:27-26 .6, as supplied, displa\ed in grains of 

VOC per liter of product ; and 

3 . The maximum or the actual VOC content of the product in 

accordance with N. .I .A .C . 7:27-26 .6 . which includes the manufacturer', 

maximum recommendation for thinning . as applied. displayed in gram, 

of VOC per liter of -product . 

(b) Except as provided at (c) below . a nianufWulrer of an adhesive, 

sealant. adhesive primer or sealant primer subject to this subchaptca ;hall 

clearly display . on each product package. the day . month, and year in 

which the product ,vas manufactured . ot a code indicating such date (that 

is. a date-code) . The date or date-codc shall be located on the 

or inside the cover or cap, so that it is readily obser\ablc 

packaging . 

ot obtainable 

uithour irreversibl~ disassembling any part <,f the packaging. such as by 

simpl} remuving the cover or cap . Use of the following, code to indicate 

the date of' manufacture in compliance with the requirements of this 

subsection \tiill exempt the manufacturer from tile retluircments of (c) 

belovv, if the code is represented separately From other codes on the 

product container so that it is easih recor;nizahle : 

YY DDD 

Where: 

"Yl"' = iwo digits representing the \ear in which the product vNas 

manufactured, and 

"DDD" = three digits representing the day of the year on \nhich the 

product was manufactured . with "0(11" representing the first day of the 

year, "00'_'" representing the second day of the ),,ear, and so forth (also 

known as the "Julian date") . 

(c) If for any adhesive, sealant. adhcsi~e primer or sealant primer the 

manufacturer uses a date-code other than the YY DDD format to cornpl' % 

with (b) above. the manufacturer shall submit an explanation of the date 

portion of the product code to the Department . The c\h! .wntirw shall tic 

subnutted xvith the electronic registration of the date code . in ai cordancc 

with the requirements of N. .I .A .C . 7.27-?6 .8 . 

(d) Subsection (c) above does not applN to a product if: 

1 . The product contains no VOC: or contains 0. 10 percent VOG or 

less. b\ weight ; or 

2 . The product is offered to consumers free of chargc for the purpo« 

of sampling the produLt. 

7:27-26 .R Reeistration 

(a) The manufacturer of an adhcstve, sealant . adhesive primer or 

sealant primer ~~Iro uses a date-codc other than the 1 Y DDD ionrnat a> 

described at N.J .A .C . 7:27-26 .7(b) to C~mpl\ vN ith N.J .A .C . 7 :27-26 7(b) 

shall register that product and an e\planation of the d:de-COAL witll tile 

Department as follous . 

I . The registration shall include the follovt in~ inftbrmntion : 

((ITE 40 N,J .R. 6800) NEV4 JERSEI' REGISTER, MONDAY, DEC E.N4BER l, 2008 
ADOPTIONS 

. "I hc nantc of the manufacturer : 

ii . The full mailing addr .ss of the manufacturer : 

iii, The narne and telephone number of a contact person : 

iN, ]'lie product cate2nr-, and subcategory (as listed in Fable I at 7:27-

26 .3) to which the manufacturer's product belong ; (for example: 

sealantu :marine deck): and 

v . An explanation ol fit-. date-code systetn : 

2 . The registration shall be submitted to the Department on the form 

provided by the Department at http :,'/v\ww .state .nj .us/d ~P baqp- . and shall 

be submitted electronicallj, by email . on diskette . or on CD-ROM. 

unless : 

i . Electronic submi,sion would impose hardship on the 

and 

manufacturer ; 

ii . The Department is satisfied that a hardship exists and approves a 

written request from the manufacturer to submit the information oil papet 

pursuant to (c) below : 

3 . The registration shall be submitted in accordance with the following 

schedule : 

i . For an adhesive . sealant . adhesive primer or sealant primer sold in 

New Jersey prior to Januan 1, 2009. the registration shall be submitted 

on or after *[June 6 . 20081 * *December 29, 2008,* and prior to January 

l, 2009 ; and 

ii . For an adhesive. sealant . adhesive primer or sealant primer sold in 

New Jersey on or after Januar~ l . 20i19, that was not sold in New Jersey 

prior to January 1 . 2009, the registration shall be suhmitted prior lo 

selling the product in New Jersey; and 

4 . If, subsequent to the submission of a registration, any information 

provided in the registration changes . the manufacturer shall submit a 

revised registration including the new information within 9(I da_N s of the 

change . 

(b) No information submitted as part of the registration may be 

claimed to be confidential . including under the procedures set forth at 

N .J .A .C . 7 :27-1 .o through 1 .29 . 

(c) If a manufacturer seeks appro-, al to submit its registration on papcr. 

rather than electronicall_\, the following applN : 

1 . The tnattufacturer shall submit the written request to the follo\~~ing 

address: 

Bureau of Air Quality Planning 

New Jersey Department of En,,ironmeutal Protection 

PO Box 418 

401 East State Street 

Trenton . NeN Jerse\ 08625-0418 

and the envelope in which the written request is submitted shall be 

labeled as follow, : "Attention : Request for On-Paper Submittal of 

Adhesi~,es/Sealant,v Registration" ; 

2 . The written request shall include an explanation of the hardship that 

electronic submission would impose on the manufacturer ; 

3 . Any submittal to the Department other than a registration shall be 

certified in accordance with N.J .A .C . 7:27-1 .39, Certification of 

information: 

4. The Department shall not appro\e a manufacturer's written request 

to submit its registration on paper unless the Department is satisfied that 

electronic submission would impose hardship on the manufacturer : and 

5 . Once the Department has approved submission of a non-electronic 

submission . the manufacturer shall send the submission to the addr"s 

prorided at (c)I abo~c . 

SUBCHAPTER 33 . (RESERVED) 

SUBCHAPTER 34 . TB AC EMISSIONS REPORTING 

7 :27-34 .1 Definitions 

The folloN~ ~ing words and terms. when used in this subchapter . have the 

follomina meaning,, unless the contevt clearly indicates otherN\i,e . 

"AP-42" means the January 1995, 5th edition of the manual entitled 

"Compilation of Air Pollutant Emission Factors. which is published by 

the EPA. including supplements .A through G and any subsequent 

revisions. as amended and supplemented, incorporated herein b\ 

reference. The ntanual may be obtained from the National Technical 

Information Sereiee (N"IIS). 5285 Port Royal Road, Springfield. 

ENVIRONAIL\JAL PROTECTION 

Virginia- 22161 . (703) 487-4650 : or from the Superintendent of 

Documents. CrMernment Printing Office . Vashington . D.C . . 211-t(12 . 

(202) 783-3228 . In addition- the nranual call be acce,;ecl electronicall\ 

through the EPA Technology Transfer Network CHILF site at 

lit~/As,\~~t .epa.go~ /ttn/chiet;/at)-42/inde\ .httiil . "Continuous emissions monitor-" or -C'EM" mz!ans a de%ice that 

continuously measures the emissions from one or more source operations . 

"Department" means the New .Icrse\ Department of' Environmental 

Protection . 

"Emission year" mean; the calendar _year durine which emissions 

reported were emitted . 

`EPA` means the United States Em iroumental Protection Agency . 

"1~9anufaeturer means a person who tnanufactures. imports. 

assembles, processes. produces. package :, repackages, or re-labels a 

product. Manufacturer also includes any person for whom the product IS 

manufactured . or by whom the product ic distributed. if that person Is 

identified as such on the product label. Manufacturer also includes any 

person who hires another person to manufacture a product for 

compensation . 

"()zone season" means the portion of each yeai beginning Ma.% I and 

ending September 30. 

"Person" means an indi% idual, public or pri~ate corporation. company, 

partnership. firm, association, society or joint stock cornparny, 

municipalit\ . state. interstate body, the United States- or any board. 

commission, employee . agent. officer or political subdivision of a state. 

an interstate bodv or the United States . 

"Reasonably available" means, with respect to a method of 

quantification . a method that utilizes data or information that is already in 

the possession of a person at the time of reporting, or that can he obtained 

by such person through public sources . For example. a quantification 

method utilizing emission factors set forth in an AP-42 document is a 

reasonably available method. 

"Reporting year" means the calendar year during which emissions are 

reported . This is the year immediately f-ollok+ing the emission \ear 

"Responsible official" has the same meaning as deiincd at N. .I .A .C . 

7:27-1 .4 . 

`State'-means the State o1~Ne,~N ,lerse\ . 

"TB.AC" means tertiary butyl acetate or t-buty I acetate (CAS #540-88-

5l . 

7 .27-34 2 Applicabilit~ 

(a) This subchapter applies to any per~om who: 

1 Manufactures TBAC or e product containing TBA( , )xithut the 

State: or 

2 . Manufactures a product containing TBAC for sale in the .State . 

7?7-34 .3 Reporting requirement; 

(a) Each in-State manufacturer of TBAC each manufacturer of a 

product containing TBAC for sale in the State, and each manufacturer 

who uses TBAC in a manufacturing process in the State, shall submit thc 

following information regarding _f BAC to the Department 

1 . The name of the manufacturer . 

2. The full mailing address of the manufacturer . 

3. For an in-State manufacturing facility . the full street addre.;,~ of thc 

facility where the product was ntanufactured: 

4. The name . telephone nuntber, and entail address of a contact person : 

5. The name. telephone number . and email addres ; of the re ;pou,ible 

official ; 

6. For each in-State manufacturer of TBAC or a product containing 

TBAC . the amount of TBAC emissions ill pound, per ozone-season dny 

and pounds per year from the facility : 

7 . For each manufacturer of a product containing TBAC- the TBAC 

emissions in pounds per ozone-sea;on day and potuids pet ycar from the 

use of the product in Ne\n Jersey : 

8. The method used to estimate actual emis ;ion .. in accordance \\ith 

N..I .A .C . 7 :27-34 .4 ; 

9 The brand name of the product containing TBAC: 

10 . It' the product containing TBAC is suhject to the pro~isinns of 

N .J .A C. 7:27-1'16,* 23 . 24 or 20. the categor~ to which the product 

belong,, . and 

'VENN JERSEY REGISTER, ;Vt0NDA1, DECEMBER l, 2008 (Cl 7 E 40 N.J .R . 6801 ) 
ENVIRONN1E17AL PROTECTION 

11 . lf the product containing TBAC is not sub.ject to the provisions of 

N.J .A .C 7 :27-2124 or 26. a description of the use for which the product 

is intended . 

(b) The information shall be submitted to the Department in a format 

in accordance with guidance on the Department's website at htt ://NvNti~ . 

ni .ac!v,'deo/baqp and shall : 

l . Be submitted to the Department on a CD-ROM, diskette . or any 

other compatible electronic media unless : 

i . Electronic submission would impose hardship on the manufacturer; 

and 

ii . The Department approves a request from the manufacturer to 

submit the information on paper pursuant to (e) below: 

2 . Include properly signed certification in accordance with N . .I .A.C . 

7:27-1 .39 ; 

3 . Include the emissions report and the certification and be submitted 

to the Department at the following address : 

Attn: TBAC Emissions Report 

Bureau of Air Quality Planning 

Department of Environmental Protection 

P.O. Box 418 

401 East State Street 

Trenton. New Jersey 08625-0418 : and 

4 . Be submitted annually, to the Department by April 30 of the 

reporting year . (c) Any information submitted pursuant to this section shall not be 

claimed to be confidential, including under the procedures set forth at 

N. .I .A .C . 7 :27-1 .6 through 1 .29. 

(d) A manufacturer who claims that electronic submission of its 

emissions report will impose a hardship shall submit annually, a request to 

the Department to submit its emissions report on paper, rather than 

electronically . as follows : 

1 . The request shall include an explanation of the hardship that 

electronic submission would impose on the manufacturer; 

2 . The request shall include a statement of commitment from the 

manufacturer to obtaining the required resources to report future 

emissions reports electronically : 

3 . The Department shall not approve a manufacturer's request to 

submit its emissions report on paper unless the Department is satisfied 

that electronic submission would impose hardship on the manufacturer: 

and 

4. The manufacturer shall submit the request to the Department at the 

follmNing address : 

Attn : TBAC Emissions Report 

Bureau of Au- Quality Planning 

Department of Environmental Protection 

P.O. Box 418 

401 East State Street 

Trenton. Nev, .Jersey 08625-0418 

7 :27-34 .4 Methods to estimate actual emissions 

(a) The method that shall be used to estimate actual emissions for a 

TBAC emissions report is the best available estimation method selected 

frorn Table I below. The best available estimation method is a method 

listed in Table 1 that is reasonably available and provides the most 

accurate estimation of the actual emissions from the emission source . A 

manufacturer submitting a TBAC emission report shall presume that the 

highest-ranked, reasonably available method in Table 1 is the best 

aNailable estimation method and shall use that method, unless a different 

method is selected pursuant to (b) below. 

TABLE 1 : RANKING OF METHODS FOR ESTIMATING 

ACTUAL EMISSIONS 

Ranhina Methods 

I Continuous Emissions Monitoring -

2 Predictive Emissions Monitorin, 

Department-Approved and Supervised Source 

Emission Testing Performed during the Reporting 

Year 

ADOPTION'S 

4 Department-Approved and Supervised Sourcc 

Emission Testing Performed in a Prior Year 

Mass/Material Balance 

6 AP-42 Emission Factor or Other EPA-Approved 

Emission Estimation Methodology or Selection 

of a Source Emission Test for a Similar Size Unit 

from the AP-42 Basis and Back2round 

Documents 

7 Manufacturer's Estimate 

8 Others " Industry Council or 

(including) : Organization Emission 

Factor 

" Source Emission Testing Not 

Approved or Supervised by 

the Department 

" Good Engineering 

,1 udgment/Factor 

(b) A method listed in Table I that is ranked lower than the highestranked reasonably available method may be used to estimate emissions 

for a TBAC emissions report if: 

1 . The manufacturer can demonstrate that use of' the lower-ranked 

method results in more accurate estimation of emissions than would have 

been achieved using any higher-ranked . reasonably available method: or 

2. Use of the lower-ranked method is consistent v<ith EPA's guidance, 

including its hierarchy for emission calculation methods and/or its 

identification of preferred methods for specific types of emission sources. 

as set forth in the EPA's Emissions Inventory Improvement Program 

(EIIP) Guidance for Emissions Inventory and Development, as 

supplemented or amended. v+-hich is incorporated hy reference herein, and 

which is available from the EPA vtiebsite at http ://www.epa .gov/ttn/cluef% 

eiip/techreport/ . 

(c) For each emissions calculation method used in a TBAC emissiou~, 

report that is a lower-ranked method being used pursuant to (b) above, a 

written justification shall be prepared documenting the basis for the use 

of the lower-ranked method. This justification shall be maintained on-site 

and be provided to the Department upon request. The justification shall : 

1 . Identify the estimation method that was the lhighest-rankcd 

reasonably available method pursuant to the rankings in Table 1 : 

2. Identif_v the method selected by the manufacturer pursuant to (b) 

above: and 

3 . Explain how selection of this method conforms to the applicable 

condition(s) in (b) above. 

7 :27-34 .5 Recordkeeping requirements 

(a) For each TBAC emissions report submitted to the Department . the 

manufacturer shall maintain the follo\6ng record, for a period of live 

years from the date each submittal is due: 

1 . An electronic copy and a paper copy of the TBAC emissions report 

submitted to the Department; and 

2. Records indicating how the information submitted in the TBAC 

emissions report was determined, including an) calculations, data. 

measurements, and estimates used . 

(b) Upon the request of the Department, the manufacturer shall make 

these records available for inspection by any representatiNe of' tile 

Department during normal business hours. 

(c) Upon receipt of a written request from the Department. the 

manufacturer shall timel,, submit a copy of the records specified in (a) 

above to the Department by mail or by other means agreed to by tile 

Department . 

(CITE 40 ti .J .R. 6802) NEW JERSEY REGISTER, VIONDAV, DECEMBER 1, 2008 
ADOPTIONS 

CHAPTER 27A 

AIR ADMINISTRATIVE PROCEDURES AND PENALTIES 

SUBCHAPTER 3 . CIVIL ADMINISTRATIVE PENALTIES AND 

RE(lULSTS FOR ADJUDIC'ATORY HEARINGS 

7:27A-3 .2 Definitions 

The following words and terms, when used in this subchapter, have the 

following meanings unless the context clearly indicates otherwise . Unless 

otherwise specified beloti, all words and terms are as defined in N .J .S .A. 

26:2C-2 and in N..I .A.C . 7 :27 . 

"Volatile organic compound" or "VOC" means a volatile organic 

compound as that tenn is defined by the EPA at 40 CFR 51 .100(s), as 

supplemented or amended, which is incorporated by reference herein . 

Class 

CIVIL ADMINISI RATIVE PENALTY SCHEDULE 

1 .-23 . (No change.) 

24 . Civil administrative penalties for each violation of N.J .AC. 7:27-24, Control of Air Pollution from Consumer Products, arc a5 set forth in the 

follovs ing table. 

Citation and Rule Summary 

N .J .A .C . 7 :27-24 .4(i) 

Charcoal lighter product 

requirements 

N ..I .A .C . 7:27-24 .4(k) 

1PE, AC'P and variance 

requirements 

N.J,A .C . 7:27-24 .4(m) 

Toxic content in aerosol adhesive 

N . .I .A .C . 7 :27-24.4(n) 

Chlorinated air to\ic in consumer 

products 

N . .I .A C. 7 27-24 .4(o) 

Sell through date for chlorinated air 

toxic in consumer products 

N.J .A .C . 7 :27-24 .4(p) 

Sell through date for chlorinated air 

toxic in consumer products 

N. .I .A .(' . 7 :27-24 .4(s) 

Sell through date for 

paradichlorobenzene in consumer 

products 

N .I .A .C . 7 .27-24 .4(t) 

Sell through date for 

paradichloiciherizeric in consumer 

products 

N .J .A.C . 7 :27-'4 .10(a) 

Date-code registration 

N.J .A .C . 7 :27-24 .10(c) 

Re(istration schedule 

N .J .A .C . 7.27-24 .10(d) 

Register code change 

Manufacturer 

Manufacturer 

Manufacturer . Distributor, Seller 

Manufacturer, Distributor, Seller 

Seller 

Supplier 

Seller 

Supplier 

Manufacturer 

Manufacturet 

Manufacnirer 

ENVIRONMEN rAl. PR(rl > ":C rl()-N 

7 :27A-', .1(1 C'i~il adtrninistrati~,e pcnattie ; for %ic,l ;rti,n, ofrulc, aduptcJ 

pursuant to the Act 

(a)-(I) (No change .) 

(m) The violations of N. .I .A .C . 7:27. whether thc 6)latin is junior or 

non-minor in accordance with (q) through (t) bclo\~~. and the ci\il 

administrative penalty amounts for each ~iolation arc a, ct forth in the 

following Civil Administrative Penalt\ - Schedule "I hL! numbers of the 

following subsections correspond to the number ; of the corresponding 

subchapter in N.J .A .C . 7:27. The rule summaries for the requireinents set 

forth in the Civil Administrative Penalty Schedule in thi_; subsection arc 

provided for informational purposes only and have no legal effcct . 

Fourth and 

Each 

Type of First Second Third Subsequent 

Violation Offense Offense Offense Offense 

NM $500 $1,000 $2,5(10 $7,500 

M $500 $1 .000 $2.500 $7,500 

NM $500 $1 .000 $2.500 S;7 .500 

NM $50(1 S1,00() $2,500 $7,500 

NM $5011 $1,(1(I() $2.500 $7,500 

NM $500 $1,000 $2,500 $7,500 

NM $500 $1 .u00 $2 .50(t S7 .500 

NM $50(I $1,000 S2,50(1 $7,500 

M $500 S1 .000 $2 .500 $7,~() () 

M 5+50fi $l .(t00 S2,500 $7 .500 

M $51n) $1 .000 $2,500 S7 .500 

NE" JERSEI REGItiTER, NIONDAN, DECEMBER 1, 2008 (CITE 40 h. .LR. G803) 
ENVIRONMENTAL PROTECTION ADOPTIONS 

25. (No chanae .) 

26 . Civil administratke penalties for each violation of N. .I .A .C . 7:27-26 . Control ofAir Pollutiort frotn Adhesi\es Products . are as set forth in the follo\+ing table : 

Fourth and 

Each 

Type of First Second Third Subsequent Citati on and Rule Suwm nai~ Class Violation Offens e Offense Ot-feti;e Oflense 

N. .I .A .C . 7 :27-26 .3(a) 

VOC standards (Per unit-eight 

pounds or any part thereof) 

N.J .A .C .7 :27-26 .3(a) Manufacturer NM $300 $6U(1 $1,5t1o $,=1 .500 

Less than 25 percent over the 

*allowable* standard 

N. .I .A .C .7 :27-26 .3(a) Manufacturer NM S;600 $1 .200 $3.t10U $9,000 

From 25 through 50 percent over 

the allowable standard 

N .J .A .C .7 :27-26 .3(a) Manufacturer NM S1 .110(1 q,2 .0(10 $5.()U(1 S15,0(I(1 

Greater than 50 percent over the 

alloNable standard 

N.J .A .C . 7 :27-26 .3(b) 

VOC standards (Per unit-eight 

pounds or an\, part thereof) 

N. .I .A .C . 7:27-26 .3(b) Distributor, Seller NM $300 $600 $1 .5110 $4 .50u 

Less than 25 percent over the 

*aIloKable* standard 

N. .I .A .C . 7:27-26 .3(b) Distributor, Seller NM $600 S1 .20(1 $3.000 $9.000 

From 25 through 50 percent o,,er 

the altovvable standard 

N. .I .A .C 7 :27-26 .3(bl Distributor. Seller NM $1 .000 S2.000 $S,UUU g15 .0(1(i 

Greater than 50 percent over the 

allowable standard 

N .I A C. 7 :27-26 .3(c) 

V( )C standards (Per unit-eight 

puunds or am part thereof') 

N .J .A .C 7 :27-26 .3(c) Applicator NM $300 $600 IS 1,5(10 $4,500 

Less than 25 percent over the 

*alloHablc* standard 

N .J .A .C .7 :27-26 .3(c) Applicator NM $6U0 9,1,2(( S3,01)0 S9 .00t1 

From 25 through 50 percent over 

the alloMablc standard 

N .I .A .C 7 :27-26 .3(c) Applicator NM $1 .000 $2 .Oltft S5 .tIU0 $15.000 

Greater than 50 percent o\ er the 

allom able standard 

NJ,A.C 727-26.3(e) Applicalor NM $1 .000 $2 .000 $5_(1()0 

Preparation or cleanup solvent 

N. .I .A .C 7 :27-26 .3(g) NNq $500 ,P,l .ll(10 $? .5U0 

Store or dispose of absorbent 

nlatCrla)5 

N .J .A .C . 7:27-26 .3(h) 

Solicit non-rompl' ving product 

N .I .4 C . 7:2"'-26.5(a 1 

Maintain *[[Zrcord,]* *records* 

N .I .A .C . 7:2";-26 .5(b) 

Recnrdkeeputg 

S I ~ .U(10 

S7 .500 

NM $I,0011 S2,00t1 $5 .011(1 $15.(1(1(1 

M $500 S 1,000 b1~00 S7.500 

M $1 .000 S2,000 S5,0UU S 15 .0t10 

(CITE. 40 N.J .R . 6804) NEW JERSEI REGISTER, NIOI`IDAl-, DECEMBER 1, 2008 
ApOP"FIO\S 

,?s' .J .A .C . 7 :27-26 .5(c) 

Maintain *jRecord5l" *records* 

N.J .A.C . 7 :27-26 .5(d) 

Maintain "[Records]' *records* 

N.J .A .C . 7 :27-26 .5(e) 

Maintain *[Records]' *records* 

N.J .A .C . 7 :27-26 .7(a) 

Labeling *[Requirements]` 

*requirements* 

N .,I .A .C . 7:27-26 .7(b) 

Date or date-code requirement 

N.J .A .C . 7 :27-26 .8(a) 

Product and *[Date-code]" *datecode* registration 

Citati on 

N.J .A .C . 7 :27-34 .3(h) 

N.J .A .C . 7 :27-34 .3(b)2 

N.J .A .C . 7 :27-34 .4(c) 

N.J .A .C . 7 :27-34 .5 

(n)-(t) (No change . ) 

CHAPTER 27B 

SAMPLING AND ANALYTICAL PROCEDURES 

SUBCHAPTER 3 . AIR TEST METHOD 3 : SAMPLING AND 

ANALYTICAL PROCEDURES FOR THE 

DETERMINATION OF VOLATILE. ORGANIC 

COMPOUNDS FROM SOURCE OPERATIONS 

7 :27B-3 .1 Definitions 

The following words and terms, when used in this subchapter, have tile 

following meanin~: s, unless the context clearly indicates otherv,ise . 

"Volatile organic compound- or "VOC" means a volatile organic 

compound as that term is defined by the EPA at 40 CF R 51 .100(s)- as 

supplemented or amended. which is incorporated h) reference hereill . PINEL 

Pinelands 

Application 

Adopted Amen' 

Proposed: June 2. 200 

Adopted: October 29. 2( 

Commission, John C . S 

Filed : October 30, 2008 a 

Authority : N.J .S .A . 13 

Effectk-e Date - Deceit 

Expiration Date : Exe 

DS COMMISSION 

omprehensive 

es 

(a) 

Manufacturer 

Manufacturer 

Manufacturer 

Rule SummrN 

Submit Report 

Failure to Certify 

Emission Calculation 

Recordkeeping Requirements 

.1 .R. 2632(a) . 

the Nevv JerseS Pinelands 

s. Executive Director . 

d.360, without change. 

ENN'IR0\NIEN_1 .Al . PROTECTION 

M $500 $1 .000 S2.50(i 

M $500 $1,000 $2_500 

M $500 $1 .000 $2.500 

M $2 .000 $4.0(10 510,0t)0 

M $2,(100 $4,U00 $10,000 

M $500 S1,000 S 2.5 O0 

27 .-32 . (No change .) 

33, (Reserved) 

34 . The violations of N .,I .A .C . 7 :2',-34 TBAC Emissions Reporting. and the civil administrative penalty amounts for each violation . per source . are as 

set forth in the following table : 

Type of First Second Third 

Violation Offense Offense Oftense 

NM $2,000 $4,000 $ 10 .000 

M $2.0(10 $4,000 $10,0(10 

M $500 $1 .000 S2.500 

M $500 S1,000 $2,500 

ame 

Comp 

propose 

relate to 

In assoc 

June 2 . 2008 

transmitted the 

well as to other i 

the Pinelands C'om 

" Sent notice of t 

which subscribe t 

" Placed advertiseme 

newspapers of the Co 

web page : 

" Submitted the proposed at 

Council pursuant to N.J .S .A 

" Distributed the proposed al 

press office in the State H 

" Published a cop) of the 

wMw.ni .govpineland 

" Distributed press rel 

news media, 

A formal public he 

15, 2008. Three peo 

proposal was 

pro 

reconimendat ions 

responses belo 

Oral contn 

Comutissio 

The recor 

with ap 

NEWJERSEI REGISTER . MONDAY, DECEMBER l, 2008 

ummary of Public Comments and Agenc_v Responses . 

lie New Jersey Pinelands Commission (Cotnmiscion) 

dtnents to Subchapter l, General Provisions . of th 

hensive Management Plan (CMP) . The amen 

on .1 Line 2, 2008 at 40 N.J .R . 2632(a) . The adopt 

and escrow requirements . 

tion with publication of the proposed 

Lie of the New Jerse~ Register . the Pi 

roposal to each Pinelands munic 

ested parties_ for res iesv and 

ssion : 

public hearing to all pe 

the Commissions p 

s of the public h 

mission- as 

se C 

oposed al 

and 

ses concermng the 

ing was held before the C'6 

e attended the hearuug : oral t 

ided by t~~o indiNiduals . The 

5re in accordance NN ith tile public C011111 

Fourth and 

Each 

Subsequent 

Offense 

$3CI .(100 

S3(1,000 

$7,500 

$7,50(I 

adopting 

Pineland, 

nent~ were 

amendments 

s,7 .500 

S7.500 

s7,500 

S3(I .000 

`b 311.1I(10 

S7,5()0 

5endments in the 

lands Commission 

alit) and county . as 

milnent . Additionall~, . 

ms and curanizatlons, 

c hearing regi,,try 

ring in the five official 

ell as on the Commission's own 

ents to the Plnelands Nluniclpal 

18A-7f. 

nenu to the ne"s medi~i maint.imlns a 

pieA : 

ndments on its web page at 

oposed amendments to the 

tmission staff ou July 

tintony on the rule 

caring officer's 

ni and agency 

iits were recorded on magnetic tape . which i~, oi 

s office at 15 Springfield Road . New Lisbon, Nevi 

of this rulemaking is available for inspection in accol' 

cable law by contacting : 

(('1T E 40 N .,LR . 6805)