### 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 NewJersey Unif~rm Construction Code. N.J .A.C. 5:23. extending a maximumof 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 . . _3 '

~ .J A CyS. _ for permanent installations . Portable utility lines in`~t a fixed locat~)n. and connection ofthose 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 UniformConstruction Code, N.J .A.C. 5:23. `'1-amusement (e) Set-up and installation, of 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 newrules 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 newrules , 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 ofthe public fromtoxic 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 belowin 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 UniformConstruction Code. N.J .A.C 5 :23. 

# ENVIRONMENTAL PROTECTION

(a) ENVIRONMENTAL REGULATION Air Quality Management Prevention of Air Pollution fromConsumer Products, TBAC Emissions Reporting, Prevention of Air Pollution fromAdhesives 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 ofPublic 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_ RoofCoatings 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. WilliamSchneider . FPDti1 Roofing Association 13. Thomas D

. Sims. Department ofDefense 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 ncwVOC 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 VOClimit~ (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 OTCmodel 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 factualjustification . (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 ofexposure. 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\ haNe 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 classilicatiomdiscus, ;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 NewJersey 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 fromshort-termexposure 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, impairedjudgment 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 systemdepression 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 fromthe restriction of the use of Perc, TCE 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 NewJersey . 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/ligpindex.html and from the IARC website at Itttti ://monot=raphc.iarc.fr/ENG/Classification/index.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 California: 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=Nl, Solder Seal Gunk- products (http:i/www

.gcmk.com/index.asF), Johnsen's htt : /,wxwv.technicalchemical .comi corporate.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%20A

uto°'o20Repair°/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



### . C()M'vlE\'I : The ban Of Pan -WE and MrCI in aulurttoti~r 7' 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 thwtamdimth, Stau ;~ hcnchuaul, is h;htti !hr deteelom liinit hwdw 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 lIrir'_-, 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 uItswtwad .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, . ≠ not 1epr : ;enl neat ,~Arce r' .l)u" ,tu-r :, which Ill ~ tiwut!d i)e 16~11,



### (( 1 fl- 46 %, ..1,R. 6772) \DM3 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 NewBrunswck 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 themin 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 fromthe 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 aud 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 ftomSue,' 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 NewJersey. 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. Astud) 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 fromreasonably 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 allowfor 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 cancerfromPerc. 

# 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 studiesjustifies 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 IRONMENrAt- PROTI :CFION

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

### at httt~ :!' «~~ ~~ _e~a.~o~ 'ttn'atv~ hn~suurcu'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 -flie IS tile solvent isn't chlorinated no anal\,Sis iS necessary Departiriciit'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 Jillv 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~!reaact/con,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 si

### potentially 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 VOClimits. The VOCbenefits 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 (hti p:/I~+w,v~~ .arh.ca.g<o_\/reQact/amr/ann .htn i), 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 fromsoil 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 ofthese 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. NewJersey 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 ofCalifornia. because ofrestrictions 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. TCE 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. MeCI 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 NewJersey 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 2001, 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 fromthe 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 fromthe 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-9provides, "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 separatel~ detine

. .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 newcategory 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 VOClimit applies if a product fits within more than one category, to which different VOClimits 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 installation'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 ofone 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 VOCcontent 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, lowV(-)(' products that performwell in California may not performas 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 fromthe 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 minimumtemperature was below32 degrees Fahrenheit . ranging fromone 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 minimumtemperature was below32 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 NewJersey 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 ://titivy r .weather.com'weathe r/w~climatolu_gv/mont hl~/ ~ h/ U SCA0968°from=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 NewJersey . 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 beNond 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~Ctile succesS ufthe 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. illc 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 ut 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,PDMbondin_ adhesives (John Mamilie. Ver,ico, Carlisle S~nteci . Thc Ilepartn'rent found nu significant oftfferencc 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 ofthe 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 Cotntnent 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, MUNDAY, 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, in response to this comment . As proposed in Subchapter 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 knowif the product is compliant' (13) RESPONSE: The maximumVOC 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 '-maximumor 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 MaximumVOC limit to shm+ compliance v<ith the rules. Many manufacturers do not want to label a product vA ith an actual VOCcontent, 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 ofthe rules i1 actual VOCcontent 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 allowthe 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 PRCrrECl 10% \\ith the CARB's Reasonabl ". Avatlable Control Fcchnolu2\ (k-~CI ) 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-cumplyirle 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 haNca 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 emironmental 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 adhesiNrs 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 fromproducts 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. lowVOC 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 NewJersey 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' aewcontrols 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

, MACT at 40 CFR 63.3981 defines certain adhesive Metal surlace coating 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 newadhesives 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 newre;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 fromthe 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\ \vith the regulation. rather than use material substitution. Installation of ne\+ controls is an option under the rule as proposed . If newcontrols 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 Cmodel 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 fromUSEPA for a special VOC test method for two-component reactive adhesives . The method, set forth at Appendix A of the Plastic SurfacoCoating

NESHAP (Subpart PPPP) . should be in the Nev, .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 VOCand 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 ofthe 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 termal 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'mcc 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 ofthe 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 ASTMmethods 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 newcategories 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 NewJersey. Since "prior to selling the product m Ne\,\ Jersey" is not reasonable for the newcategories 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 NewJersey. 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 ofthe 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 newportable 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 newsubsections 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 VOCper 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. perchloroetbylene 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 analNsis 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 newrules 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 newrules 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

NEWOR 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

### ADOHIONS

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

ARCHITECTURAL 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 termdoes 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 termdoes not include adhesive remover - floor or wall covering. 

### "Adhesive remover - specialtv" means an adliesive remover designed to remove reactive adhesives froma variety of substrate; . This termdues not include adhesive remover - gasket or thread-locking. -Aerosol adhesive*' means an adhesive that is an aerosol product in which the spray mechanismis 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 systemthat 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 termdoes 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 programfor chemically formulated consumer products. which prcnides a manufacturer with an alternative method to cornply with the VOCcontent 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 fromthem . 

### "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 ofRegulations. "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 amporous 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 20percent 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 fromthe 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 fromelectrical 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 termdoes 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, froma variety ofnoncloth 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 oftime; and 2. For products manufactured on or afterJanuary 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 termincludes 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 ofthe 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 termincludes. 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 termdoes 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 VOCcontent 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 Nhom the product iti manufactured, or by \ahomthe 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 claimto remo\ e paints and other related coatings fromskin. "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 termdoes 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 fromthe pesticide .* "Plasticizer'~ means a material . such as a high boiling point organic solvent, that is incorporated into a plastic to increase its flexibility . workabilit\ . or distensibility. and may be determined using 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 termdoes 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 termdoes 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 deformeasily, 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 systemin the removal of facial or other body hair. This termdoe, 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 flowas determined under AtiTMD-4359- 9t)*[(200!))el]**(2006)*, as supplemented or amended. The substance or mixture of substances ma,, be in a formeither 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. perchloroethylene. 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 hathroomand 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 frommeeting 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) belowand 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 98percent by weight paradichlorubenzene. 5. (No changc in text ) 6 . Any ofthe followurg adhesi~es . i . (No changc

. ) 

### ii . A contact adheske that is a non-aerosol product and that is sold in units ofproduct, less packaging

. tihich 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 cnpaeiq 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 amone 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 Consum er Pr odu ct Catee 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 

### MaximumAllowable 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 foamand 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 mediumbuild-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, 1996are 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 Nariancc 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 . Acopy 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. ACPor 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 VOCcontent 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 deereaser. 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)1-301' 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)) fromother 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) uhoNe 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\ edues 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 ofthe 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 ASTMD4-,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 amportable 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 programat 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. deliNered 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.eov_: 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 OTUs 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 CARB 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 . Fora 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 fromall 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 petroleumoils 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 froma 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 diskettejacket . "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 vinNI or rubber, having a concave radius on one edge and a convex radius on th,~ opposite edge that is used in forming ajunction between the bottomwall course and the floor or to forman 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 ofat 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 tiley 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'llOTEC'"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 termdoes 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 120grams 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 roofcoating]* 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 e formulated for that purpose . 

### "Perimetet bonded sheet 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 foamconsh~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 . 

### -SCAC)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 ofCalifornia. "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 amadhesive 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 adhesiNe' means any adhesiNe 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 systemused 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) belowand 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 (mmH

¬) 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 fromthe 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 ofntateriaL 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 fromthe 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 VOCcontent 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 . VOCContent 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 coNerin2 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 Rubbcr Other Sub,1trate,1 

### 8?o 211(1 300 iIo _50 

### Slfl ?5U 100 780 IHHi 660 170 8i0

2SU 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 VOClimit 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,, ~wd sealant Fit Ise a e fa 1 3' s 1eq

I -ml -iniers L, d t th - ci it i 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 amadhesive .

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 NJ . 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 7able 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 afterJanuary 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 21110and 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 theVO(' 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 2010and 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 \6omthe 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 VOCcontent 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 VOCcontent 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 fittt,' -!v<ww-aqrideov/tag/rnchtods/ lah methtochtml 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 VOCcontent 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 fromthe South Coast Air Qualit .\ Managcment District (SCAQMD) %nebsite at hap: ;/i,,~~w _agm .j QI%lao/meth

ci ds,'lab methtoc.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 (WI(VPJ~M~ti Pp; 1-1

W /Mw +V'~W_'Mw, ; ~nW,/Mw,



### ,-i ,-i Where: Pp, = VOCcomposite partial pressure at 20 dugrees C . in millimeters of rnercury (ntmfig) W, =Weight of the "i"th VOCcompound. 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 ASTME 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 mmH ¬. 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 fromits website at _Nw w .astr n.oi :~ . (f) The vapor pressure of each single component compound rum be determined from ASTMD2879-97. 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- ofthe 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 \ .J 111 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,'VOL I/M 100PDF. 

### (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 fromSpra\ 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'22DA95566CEFE788 25708F006p10FCStile/SC%20Sol°/o20LossSprayGun idf. The test solvent for this determination shall be any lacquer thinner with a minimumvapor pressure of 105 mm of Hg at '?O degrees Celsius, and the minimumtest 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,, Ne -- 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 VOCper liter _ 11 r~ - !d'ria - Piire

of adhesiNe 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 VOCper 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'nliowing equation: 

### °rb VOC M

weight -- I (iti 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 subtect 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 ofproduct ; 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', maximumrecommendation for thinning. as applied. displayed in gram, ofVOCper 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 packaging . or inside the cover or cap, so that it is readily obser\ablc 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! .wntirwshall 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 manufacturer ; and ii . The Department is satisfied that a hardship exists and approves a written request fromthe 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 newinformation within 9(I da_Ns 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. TBAC 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 Emiroumental 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 whomthe product IS manufactured. or by whomthe 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~omwho: 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 BACto 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 fromthe facility: 7. For each manufacturer of a product containing TBAC- the TBAC emissions in pounds per ozone-sea;on day and potuids pet ycar fromthe 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 fromthe 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 ,1udgment/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 ofthe 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 fromthe EPAvtiebsite 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. Thejustification 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 howselection 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 fromthe 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 howthe 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 Violati on Offense 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 From25 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 50percent 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 From25 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 ampart 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 From25 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 allomable 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 ANDANALYTICAL 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 S2.5O0

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 oft 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 NewJersey 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 ofthe 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

`b311 .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 webpage 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. NewLisbon, Nevi 

### of this rulemaking is available for inspection in accol' cable lawby contacting: (('1T E 40 N.,LR. 6805)