STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

HEARING REPORT

Prepared Pm’suant to Section 4-168(d) of the

Connecticut General Statutes and

Section 22a-3a-3(d)(5) of the Department of Environmental Protection Rules of Practice

Regarding the

Adoption of Section 22a-174-44 of the

Regulations of Connecticut State Agencies

Adhesives and Sealants

Hearing Officers:

Merrily A. Gere

Anne B. Hulick

Date of Hearing: October 16, 2007

On August 13, 2007, the Commissioner of the Department of Environmental Protection

(Commissioner and Department, respectively) signed a notice of intent to adopt section 22a-174-

44 (Section 44) of the Regulations of Connecticut State Agencies (RCSA). Pursuant to such

notice, a public hearing was held on October 16, 2007, with the i~ublie comment period closing

on October 19, 2007. The proposal is intended to create ozone precursor emissions reductions to

assist the state to attain and maintain the national ambient air quality standard for 8-hour ozone.

I. Hearing Report Content

As required by section 4-168(d) of the Connecticut General Statutes (CGS), this report describes

the proposal; the principal reasons in support of and in opposition to the proposal; and

summarizes and responds to all conm~ents on the proposal. A final recommended version of the

text, inclusive of any changes made in response to comment, is also provided.

A statement in satisfaction of CGS section 22a-6(h) is included as Attachment 1.

II. Summary of the Proposal

Section 44 limits emissions of volatile organic compounds (VOC) from adhesives, sealants and

primers. This section achieves VOC reductions through two basic components: sale and

manufacture restrictions that limit the VOC content of specified adhesives, sealants and primers

sold in the state; and use restrictions that apply primarily to commercial!industrial operations.

As VOC are ground-level ozone precursors, reductions in VOC emissions will assist the state to

demonstrate attainment of the federal 8-hour ozone national ambient air quality standard

(NAAQS), as required by the Clean Air Act. Although currently mandated controls will achieve

significant emissions reductions over the next five to ten years, ozone precursor emission

reductions beyond current requirements will be necessary to maintain the 8-hour ozone NAAQS.

Thus, following adoption, Section 44 will be submitted to the U.S. Environmental Protection

(Printed on Recycled Paper )

79 Elm Street ° Hartford, CT 06106-5127

An Equal Opportunity Employer
2

Agency (EPA) in fulfillment of a written commitment included in the Department’s 8-hour

ozone NAAQS attainment demonsttation. 1

Section 44 results from efforts of a workgroup composed of state air quality regulators and

coordinated by the Ozone Transport Commission (OTC). The goal of the workgroup was the

preparation of materials for use by each state to meet its 8-hour ozone NAAQS attainment

planning obligations. These materials include model rules to regulate products and activities to

reduce ozone precursor emissions. One such model rule, the OTC Model Rule for Adhesives

and Sealants (OTC Model Rule), forms the basis of this proposal. The OTC Model Rule is based

on the requirements of a reasonably available control teclmology determination prepared by ~he

California Air Resources Board (CARB) in 1998. The provisions of the CARB determination

have been adopted in regulatory fo~an in various air pollution control districts in California. The

Commissioner, via signature on resolutions and memorandums of understanding, committed

with other states in the OTC to seek adoption of a state regulation based on the OTC Model

Rule. Given this foregoing process, consistency with the requirements of the OTC Model Rule

was a factor guiding the development of Section 44.

In addition to assisting in ozone attainment planning efforts, proposed Section 44 is consistent

with a 2006 enviromnental initiative of the Department, which focuses on assisting individuals

and organizations to decrease their "environmental footprint." Adoption of Section 44 will

require some manufacturers of regulated adhesives, sealants and primers to reformulate to reduce

the VOC content. Thus, consumers will be able to reduce their environmental impact while

continuing to purchase and use customary adhesive and sealant products.

The text of proposed Section 44 is located in Attachment 2 to this report.

III. Principal Considerations in Opposition to the Proposal

The National Paint and Coatings Association (NPCA) opposes adoption of Section 44 as a

burden to industry, particularly for industry source categories that are subject to federal standards

for hazardous air pollutants.

Much conmaent on the proposal objects to the level and timing of the standards for single-ply

roof membrane adhesives, adhesive primers and sealants. The impact of the Cormeeticut

climate, which is cooler on average than that of the districts in California where the standards are

now in effect, on single-ply roofing adhesive application and long-term roof performance and

durability is questioned.

A detailed discussion of all cormnents and responses is set out in the next section of this report.

IV. Summary of Comments

All comments submitted are summarized below with the Department’s responses. The comments

are divided in two subsections: the first subsection identifies and responds to concerns with the

proposed VOC content standards for adhesives, sealants and primers used in single-ply roofing

applications, and the second subsection identifies and responds to all other concerns.

1

See Section 4 of the attainment demonstration at:

http://www.ct.gov/dep/cwp/view.asp?a=2684&q=385886
3

Commenters are identified by number in this section and are identified fully at the con’esponding

number in the list that is Attachment 3 to this report. When changes to the proposed text are

indicated in response to comment, new text is in bold font and deleted text is in strikethrough

font.

The final regulation maintains consistency as appropriate with the OTC Model Rule, differing in

respects better to align the proposal with the Department’s policies or in response to new

technical information presented in the hearing process. These differences from the OTC Model

Rule are created to further the Department’s environmental goals but with attention to regional

consistency. The Department also remains aware of the rule adoption processes in other OTC

states and has shared technical information and discussed Model Rule revisions with staff in

these states.

Beyond achieving the VOC emissions reductions that are the primary purpOse of this proposal,

the responses to these comments, particularly concerning single-ply roofing application, are

guided by the importance of regulatory requirements that support other Department initiatives

such as energy efficient building construction and solid waste reduction.

A._a. Single-Ply Roofing

This section of the report responds to timely comment submitted concerning single-ply roof

membrane application products as well as a series of recommendations submitted by the EPDM

Roofing Association at the Department’s request following the close of the comment period.

Comment 1: Definition of "single-ply roof membrane." The definition for "single-ply roof

membrane" should be expanded, as follows, to include all types of single-ply roof membrane

material rather than only those made of rubber:

"Single-ply roof membrane" means a prefabricated single sheet of compounded synthetic

material. Single-ply membranes fall into one of three categories, thermosets that include

rubber membranes (EPDM), thermoplastics that include TPO, PVC and KEE membranes

and modified bitumen membranes. [4]

Resgonse: The Department agrees that the definition of"single-ply roof membrane" is

intended to include all single-ply roof membrane materials including ethylene

propylenediene monomer (EPDM), polyvinyl chloride, thermal polyolefin and ketone

ethylene ester. While EPDM (aka rubber) is the most commonly used single-ply roof

membrane material in Connecticut now, the use of thermoplastic membranes is

increasing as architects, specifiers and contractors recognize that these other materials

offer performance qualities similar to EPDM plus additional benefits such as superior

heat island reduction and energy savings.2

Modified bitumen roof material is generally not considered a single-ply roof material

and, therefore, should not be included in the definition of single-ply membranes.

In response to this comment, the Department should revise the proposed definition of

"single-ply roof membrane" in Section 44(a), as follows:

2

US EPA. Cool roof product information, http://www.epa.gov/hiri/strategies/level3_roofproducts.html
4

"Single-ply roof membrane" means a prefabricated single sheet of ~goe~,

such as ethylene propylenediene monomer, pol~inyl chloride, thermal

polyolefin or ketone ethylene ester, that is applied in a single layer to a building

roo£

Comment 2: Limited commercial availability. Two commenters expressed concern that there

is a lack of compliant, commercially available adhesives, sealants and primers for use on singlepty roof membranes. [3,5]

Response: Various air quality districts in California adopted the CARB

recommendations for low-VOC adhesives and sealants, in some cases nearly ten years

ago. As a result of such district roles, low-VOC bonding adhesives for roofing are not

only available but dominate the market in California. However, the Department

acknowledges that California is the only region of the country where low-VOC roofing

adhesives dominate, and change in other markets such as the Northeast does require

time.3 The Department believes the best incentive to increase the number of

commercially available low-VOC single-ply roof bonding products is the multi-state

promulgation of regulations requiting the sale and use of such products. To that end, the

Department is proceeding to seek adoption of Section 44 in a form that will meet the

Department’s air quality needs and serve to bolster the adoption of very similar

requirements in surrounding states.

See the Department’s response to comment 6 for additional responsive text and a

recommended change to the final draft of Section 44 that takes into account the concern

expressed in this comment.

Comment3: Efficacy of low-VOC roof bonding adhesives in the Northeast. One

commenter expressed concern that high solvent levels are necessary to allow for adhesion,

particularly in conditions characteristic of Connecticut, such as cold temperatures and long-term

exposure to high winds. [4]

Response: As noted in the summary in Section II of this report, the OTC Model Rule

was primarily based on analysis and recommendations of CARB and on rules adopted in

several California air districts. California’s experience provides no indication that a high

solvent level - which implies a high VOC content - is necessary for roof adhesion in cold

temperatures. Furthermore, the OTC states, along with the OTC’s technical contractor,

reviewed the technological basis for the implementation of the rule and the associated

reductions in emissions. The OTC Model Rule was developed with feedback from states

as well as stakeholders received at OTC public meetings.4 No information was provided

by industry to substantiate concerns that the VOC limits were too low to allow effective

performance in the average climate conditions ofthe northeastern United States. This

lack of supportive data, coupled with the continued pressures on states to meet both state

Hoff, J. "The Low-Slope Commercial Roofing Industry in the Northeast United States and the Ozone

Transport Commission Model Rule for Adhesives and Sealants: A Study of Risks and Options for Effective

Implementation" Dee. 12, 2007: 12, on file with the CT Department of Environmental Protection. Hereinatter

referred to as the HoffReport. 4 See "Questions and Comments" in Response to Air Quality Con~ol Advisory Council (AQCAC) Meeting of

September 10, 2007, Maryland, on file with the CT. Depariment of Environmental Protection.
5

and federal ozone standards, led the OTC workgroup to maintain the standards at the

level recommended by CARB and adopted in certain California air quality districts.

The Department is aware of at least one single-ply roof adhesive that is available in

Connecticut now and that is recommended for use in temperatures below 40°F. While

additional procedures may be necessary to store and use low-VOC or water-based

adhesives, such adhesives can be used successfully and Provide adhesion comparable to

higher VOC adhesives.

The Department should not revise Section 44 in response to this comment. See the

responses to comments 4 through 6 for a final recommendation concerning Section 44

and additional justification for the Department’s final recon~nendation.

Comment 4: Roof performance and durability. Several commenters expressed a lack bf

confidence in the overall performance and durability of low-slope roofs applied with low-VOC

adhesives during cold temperatures. Poor adhesive performance would increase roof failure,

require more frequent replacement and have a negative impact on the environment as a result of

an increase in roofing material in landfills. [4,5,6,7,9]

~ As explained in the response to comment 3, concerns regarding potential

durability issues with compliant roofing adhesives were raised during the OTC Model

Rule development. As the OTC states did not receive from commenters any

substantiating data indicating performance problems, the standards for that category were

retained in the OTC Model Rule.

The Department is aware that cold temperatures increase the flash-off time to bonding;

that there are currently a limited number of low-VOC roof bonding adhesive products

that may be applied successfully in cold weather; and that extra procedures may be

required for successful roof installations on colder days. Such additional cold weather

application procedures are not unique to low-VOC adhesives, since higher VOC content

adhesives may gel if stored or used at temperatures less than 40°F. Particular

combinations of temperature and humidity may require roof applications to be delayed or

rescheduled. However, once bonding occurs using an adhesive applied as recommended

by the manufacturer, there is no evidence that subsequent periods of low temperature

destroy such a properly bonded surface. Although Californi~ temperatures tend to be

warmer, in general, than those in Coimecticut, the experience of the Sacramento Air

Quality Management District is informative. The Sacramento Air Quality Management

District has a history of record low temperatures below 40°F during eight months of the

year and experiences an average low of 40°F during December and 4 t °F during January.s

This District adopted a regulation similar to Section 44 in 1998. The Department is

unaware of any increases in performance problems or of reduced roof durability

associated with roof membranes that may have been applied on low temperature days in

Sacramento.

Sacramento average/record temperatures:

http://www.weather.congweather/wxclimatolog¥/monthl¥/~rapbJUSCAO968?ffom-search
6

In addition, the transition recommended in the response to comment 6 will work to

resolve the performance concerns as appliers and specifiers become comfortable with the

use of low-VOC and water-based adhesive products, and manufacturers and distributors

increase the number and variety of compliant product lines available in Connecticut.

Therefore, the Department should not revise Section 44 in response to this comment.

Comment 5: Recommendations from EPDM Roofing Association. At the request of the

Department for additional technical information concerning the expressed concerns of the singleply roofing industry, EPDM Roofing Association submitted a study of the risks to the

commercial roofing industry and options for effective implementation of the OTC Model Rule in

the Northeast states. Embedded in that study are four recommended revisions to Section 44,

which EPDM Roofing Association based on the information reported. The study’s

recommendations and the Department’s responses to each are as follows:

Recommendation A: The proposed VOC content limitations for single-ply roofing

adhesives, sealants and primers should apply only during the ozone season, i.e., from

May 1 through September 30, of any year. This approach is consistent with that of the

Department in the proposed revision to RCSA section 22a-t74-20(k) for asphalt paving,

and the administrative provisions of that amendment should also be included in Section

44.

EPDM Roofing Association arrives at this recommendation based on both the need for

user training, set out more fully in Recommendation B, and to provide additional time for

the marketing in the Northeast of more single-ply roof bonding products that meet the

proposed VOC content limit.

Recommendation B: In addition to a pmrnanent ozone season limitation on the VOC

content limits for single-ply roofing adhesives, sealants and primers, the Department

should provide a transitional period during which the application of the such standards is

further limited, as follows:

Year

2009

2010

2011 and after

Apply Single-Ply Roofing Product Standards in

.These Months.

July through August

June through September

May through September

EPDM Roofing Association justifies the need for the transitional period to provide time

for commercial installers to be trained in the use of the low-VOC products. Currently,

high-VOC bonding adhesives for single-ply roofing membranes dominate the market in

the Northeast. As a result, there has been virtually no training in the application of lowVOC products outside of California, where the low-VOC products dominate the market

as a result of the adoption of air quality rules in many of the California air qual{ty

management districts. An abrupt change to tow-VOC products in the Northeast will

cause an increased risk of liability to the construction industry for roof failures.

Recommendation C: The final rule should include provisions to allow the use of highVOC single-ply roofing adhesives, sealants and primers on low temperature days in the

month of May, provided that appropriate records of such use are maintained.
7

 ̄ Recommendation D: The Department should encourage the development of more lowVOC roof bonding products and ultimately help the industry reach a goal of virtual

elimination of VOC. [7]

Resl~onse: In response to each recommendation, the Department notes the following:

 ̄ Recommendation A: Connecticut is required to attain the federal 8-hour ozone NAAQS

by 2010. Connectieut committed to other states in the region and to EPA to implement a

regulation to reduce the VOC content of adhesives, sealants and primers. Regional

modeling to support NAAQS attaimnent included reductions in VOC emissions from

adhesives and sealants in all states in the region. While the reductions created by Section

44 are annual, reductions are most crucial in the summer months when ozone levels

typically exceed national standards on the hottest days; for air quality purposes, the

- period from May 1 to September 30 is called the "ozone ̄ season," and many control

strategies are focused on these months. Also contributing to the high ozone levels

experienced on the hottest days of summer are increased emissions from electricity

production. The hottest days of summer are also the highest electricity demand days

experienced in the Northeast states, requiring that high-emitting peaking and emergency

generators operate to meet the demand.

Thus, while the Department may temporarily limit the application of tow-VOC standards

for the single-ply roofing indust12¢ to only the summer months and achieve important air

quality benefits, the application of the standards for only a few months of each year is not

as meaningful from an air regulatory perspective as an annual standard and may

jeopardize EPA’s approval of the Department’s 8-hour ozone attainment plan and the

Department’s ability to create federally mandated reductions, not only in Connecticut but

in the larger Northeast region. Meeting commitments to reduce ozone precursors has

elevated importance now given EPA’s March 12, 2008 decision to revise the ozone

NAAQS, which will likely require the State to adopt additional control measures.

As explained in the response to comment 6, the Department should revise Section 44 to

require seasonal single-ply roof bonding product standards for the initial three years

following role adoption and add a three-year extension on the sate and manufacture

restrictions for single-ply roof application products. This phase-in will allow for 8-hour

ozone attainment needs, provide additional time for applier training and allow the

introduction of more low-VOC roof application products in the Connecticut and wider

Northeast markets.

Recommendation B: As explained in the responses to Reconmaendation A and

comment 6, the Department should allow a three-year transition period (2009-2011),

during which the proposed VOC content standards for single-ply roofing adhesives,

sealants and primers are required only during certain summer months. Beginning

January 1, 2012, the standards shall apply at all times. This transitional time provides

necessary VOC emissions reductions in the crucial summer months, while taking into

account the need for additional roofing industry training and providing an opportunity for

manufacturers and distributors to increase the number of low-VOC roof bonding products

available in the Northeast.

Recommendation C: Given the commercial availability now of at least one single-ply

roof bonding adhesive that meets the proposed VOC content limit and that bonds

effectively in temperatures below 40°F and a likely increase in the number of such

compliant adhesives in the near term, the Depm~ment should not implement the
8

recommended change. Such a change would reduce the emissions redy~ctions obtained

from the rule, complicate enforcement and decrease the incentive for the release of

additional, effective products.

Recommendation D: The Department believes the best incentive to increase the number

of commercially available low-VOC single-ply roof bonding products is the multi-state

promulgation of regulations requiring the sale and use of such products. To that end, the

Department is proceeding to seek adoption of Section 44 in a form that will meet the

Department’s air quality needs and serve to bolster the adoption of very similar

requirements in surrounding states.

Comment 6: Impact on the roofing industry. Several commenters expressed concern that the

compliant products currently available have application restrictions, which limit product use

when temperatures are equal to or less than 40°F. Such temperature restrictions were not

addressed by CARB, nor were such restrictions concerns in the California air districts that

adopted regulations since warmer, average annual temperatures predominate in California.

Given the year-round nature of roof assembly and repair in Connecticut, these application

restrictions will substantially impact the roofing industry, possibly limit construction projects in

general, and thereby have a significant, negative economic impact on the state. [4,5,6,7,9]

An underlying concern of the roofing contractors is an increased risk of compromised roofing

installations and roofing-related construction litigation. [7]

.Response: As stated earlier in this report, the primary purpose of Section 44 is to reduce

emissions of VOC, an ozone precursor, to assist the state to attain the federal 8-hour

ozone NAAQS. One roofing industry estimate puts single-ply roof membrane bonding

adhesive use in Connecticut at approximately 200,000 gallons annually.6 Such adhesive

contains, on average, 600g/L of VOC -- significantly higher than the proposed VOC

content limit of 250g/L. If all ofthe VOC within these single-ply roofing adhesives

volatized into the atmosphere, these adhesives would generate approximately 573 tons of

VOC in Connecticut each year] As Section 44 is projected to reduce emissions from all

regulated adhesives and sealants by 4.2 tons per summer day, the VOC emissions

reductions from single-ply roofing adhesive, primer and sealant standards are a

potentially significant portion- perhaps 25% -of the total emissions reductions from

Section 44.g

The Department is committed to adopting a regulation based on the OTC Model Rule in a

form that will preserve the expected air quality improvements. Further, the Department

disagrees with the comment concerning the level of negative impact Section 44 will have

on commercial construction in Connecticut. Single-ply roof membrane installation can

be accomplished by fully adhering the membrane to the substrate, by using mechanical

fasteners and by using ballast stones. In Connecticut, the preferred method of installation

6 HoffReport at 12. 7 HoffReport at 12.

~ The exact level of the emissions reductions of Section 44 attributed to reductions in roof bonding products

is difficult to determine as they depend on cycles in the construction industry, seasonal differences in construction

and actual amounts ofVOC volatized. Further, the contributions from all the adhesives and sealants regulated in

Section 44 has not been separated according to single products or product categories. The regional inventory that

forms the basis for the OTC’s emissions reductions and Connecticut’s stationary source/area source inventory are

developed using top-down national estimates of total indus~ial adhesive use, allocated to states based on population

or industrial activity levels. There is no information to provide a verifiable breakdown by subcategories.
9

of single-ply roof membranes is to adhere them, as this method is highly resistant to

wind, water and dimensional changes.9 Ballasting is not commonplace in Connecticut

due to the lack of suitable ballast stones. Mechanically attaching the membrane with

fasteners, though used in other cold-weather states, has not been standard practice in

Connecticut. Thus, adoption of the proposed rule would limit the roofing industry,

during cold weather, to three realistic options in Connecticut: use of an available

compliant adhesive that adheres without application restrictions when ambient

temperatures are at and below 40°F; use of modified bitumen (not a single-ply roofing

method) with cold adhesives; or mechanically fastening the roofing membrane.

The Department recognizes the majority of compliant adhesives now available in

Connecticut have temperature restrictions that limit application in cold temperatures. The

Depm~ment also understands that the number of roof bonding adhesives that adhere at

low temperatures with a VOC content that meets the proposed limits is expected to

increase in the near future. However, in the summer months when ozone formation is of

particular concern, temperatures are generally suitable for the use of a number of

currently available roof bonding adhesives that have a VOC content at or below the

standard proposed in Section 44.1°

To maintain the integrity of the Department’s air quality goals while taking into account

the need for construction worker training (see comment 5 and response) and the limited

number of compliant roofing adhesives now marketed in Connecticut, the Department

should revise Section 44 to allow a limited phase-in of the single-ply roof membrane

application product standards. That phase-in should begin in 2009, when the Department

should require the use of single-ply roof adhesives and primers with a VOC content less

than or equal to 250 g/L (or 450 g/L in the case of single-ply roof membrane sealants)

from June 1 through August 31. In 2010 and 2011, the Department should extend the

compliance period to the length of the ozone season (May 1 through September 30).

Beginning January 1, 2012, the 250 g/L VOC content limit for the single-ply roof

membrane adhesives and primers (450 g/L in the case of single-ply roof membrane

sealants) should apply throughout each year.

The three-year phase-in period will allow the Department to achieve necessary reductions

in VOC emissions in the critical summer months while providing additional time for the

widespread distribution of low-VOC roof bonding products in the N~rtheast market and

for the construction industry to appreciate the performance characteristics of low-VOC

roof application products. Once appliers have become accustomed to any differences in

application techniques, workers may even find the low- and no-VOC products preferable

in terms of cleanup, and, in some cases, the products may reduce potential exposure to

toxic air emissions; many VOC are also considered toxic compounds, so reductions in

VOC may produce reductions in toxic compounds.

9 See Steve Hardy and Mark Boulay, "Making Sense of SingIe-Ply Roofmg" Architectural Record, p. 8. (Janual3~

2ooo).

HoffReport at 15. See also Weather Channel website at

http://www.weather.c~m~weather/wx~imat~g~/m~nth~¥/graph/U~CA0968?fi.~m=search The month of May has

an average low temperature of 48°F and average high temperature of T0°F. September has an average low

temperature of 51 °F and average high temperature of 71 °F.
10

Section 44 also restricts the sale and ~nanufacture of non-compliant adhesives, sealants

and primers. Those sale and manufacture restrictions should be delayed until Januat2z 1,

2012 for the single-ply roof membrane application products. However, the Department

notes that prudent manufactmers, sellers and distributors wilt begin now to increase their

inventory of low-VOC roof application products and decrease the inventory of noncompliant products.

The identifted language in subsections (c), (d) and (e) and in Table 44-1 should be

revised to implement the temporary ozone-season only standards and delay in the sales

and manufacture restrictions for single-ply roof application products, as follows:

Subsection (c), addition of new subdivisions (10) and (i 1)

(10) The requirements of this section shall apply to the use of single-ply roof

membrane installation or repair adhesive, single-ply roof membrane sealant and

single-ply roof membrane adhesive primer on the following schedule:

(A) For the year 2009, from June i through August 31;

(B) For the years 2010 and 2011, from May I through September 30; and

(C) On and after January 1, 2012.

(11) The requirements of this section shall not apply to any manufacturer or

distributor who sells, .supplies or offers for sale any single-ply roof membrane

installation or repair adhesive, single-ply roof membrane sealant or single-ply roof

membrane adhesive primer prior to January 1, 2012.

Subsection (d), revision of subdivision (3)

(3) Except as provided in subsections (c)(1) through (c)(4), (c)(7), (c)(9), (c)(10),

(c)(ll) and (d)(6) of this section, on or after January 1, 2009, no person shall use

or apply, or solicit the use or application of, any adhesive, sealant, adhesive

primer or sealant primer within the State of Connecticut unless such adhesive,

sealant, adhesive primer or sealant primer as applied complies with the applicable

VOC content limits specified in Table 44-1 or Table 44-2 of this section and the

applicable requirements of this subsection.

Subsedtion (e), revision of subdivision (1)

(1) Any person who seils, supplies, offers for sate or manufactures an adhesive,

sealant, adhesive primer or sealant primer subject to this section on or after January 1,

2009 for sale in the State of Connecticut shall possess documentation that such adhesive,

sealant, adhesive primer or sealant primer complies with the VOC content limits of Table

44-1 of this section, where the VOC content is determined according to the requirements

of subdivisions (2) and (3) of this subsection. For single-ply roof membrane

installation or repair adhesive, single-ply roof membrane sealant and single-ply roof

membrane adhesive primer, such documentation is required on and after January

1, 2012.

 ̄ Table 44-1, addition of a column designating the date on which each standard applies
1t

Table 44-1. As Applied VOC Content Limits for Adhesives, Sealants, Adhesive Primers and Sealant Primers

Adhesive, sealant, adhesive primer or As applied VOC Dale on which standard applies

sealant primer category content limit

(g VOC/L)

Adhesives

ABS welding 400 January 1, 2009

Ceramic tile installation 130 January 1,2009

Computer diskette jacket manufacturing 850 January 1,2009

Contuabond 25O January 1,2009

Cove base installation 150 i January 1,2009

CPVC welding 490 i January 1,2009

Indoor floor covering installation 150 January 1,2009

Metal-to-elastomer molding or casting 850 I January 1,2009

Multipurpose construction 200 January 1,2009

Nonmembrane roof installation or repair 300 January 1,2009

Plastic cement welding 510 January 1, 2009

Outdoor floor covering installation 250 January 1,2009

PVC welding 510 January 1,2009

Single-ply roof membrane installation or 250 For 2009: June 1 through August 31;

repair For 2010 & 2011: May I through September

30; and

On and after January 1, 2012.

Structural glazing lO0 Jannary 1, 2009

Thin metal laminating 780 January 1,2009

Tire retread i00 January 1,2009

Perimeter bonded sheet vinyl flooring 660 January 1,2009

installation

Waterproof resorcinol glue t70 January 1, 2009

Sheet-applied rubber installation 85O January 1,2009

Sealm~ts

Architectural 25O January 1,2009

Marine deck 760 January 1, 2009

Nonmembrane roof installation or repair 300 January 1, 2009

Roadway 250 January 1, 2009

Single-ply roof membrane 450 For 2009: Jnne I through August 31;

For 2010 & 2011: May I through September

30; and

On and after January 1, 2012.

Other 420 January 1,2009

Adhesive l~rimers

Automotive glass 700 January 1,2009

Plastic cement welding 65O January 1,2009

Single-ply roof membrane 250 For 2009: June 1 through Augast 31;

For 2010 & 2011: May 1 through September

30; and

On and after Januar), 1, 2012.

Traffic marking tape 150 January 1,2009

Other 25O January 1,2009

Sealant primers

Non-porous architectural 250 January 1,2009

Porous architectural 775 January 1, 2009

Marine deck 760 January 1, 2009

Other 75O January 1, 2009
12

B_:. All Other (Not Roofing) Concerns

Aside from single-ply roof membrane adhesion concerns, comment on Section 44 focused on

comparisons of Section 44 with the OTC Model Rule or with other federal requirements.

Comment 7: Definitions. Connecticut’s draft rule is closely based on the OTC’s Model Rule.

A majority of the definitions are the same in both rules, but EPA notes that those definitions

identified in the table below are not. The Department should confirm that these differences are

intended:

CT’s Definition OTC Definition

"Cyanoacrylate adhesive" means any single- "Cyanoacrylate adhesive" means any adhesive with

component reactive diluent adhesive that contains at a cyanoacrylate content of at least 95% by weight.

least 85% by weight methyl, ethyl, methoxymethyl

or other functional groupings ofcyanoacrylate.

"Plasticizer" means any substance, such as a high "Plasticizer" means a material, such as a high

boiling point organic solvent, that is added to a hard boiling point organic solvent, that is incorporated

plastic to provide flexibility or pliability. into a vinyl to increase its flexibility, Workability, or

distensibility, as determined by ASTM Method E260-96.

"Reactive diluent" means a liquid reactant in an "Reactive diluent" means a liquid tbat is a reactive

uncured adhesive, sealant or primer that reacts organic compound during application and one in

chemically or physically during the curing process that, through chemical and/or physical reactions,

to become an integral part of the cured adhesive, such as polymerization, twenty (20) percent or more

sealant or primer. of the reactive organic compound becomes an

integral part of a finished material

"Sealant" means any material with adhesive "Sealant" means any material with adhesive

properties that is formulated primarily to fill, seat, properties that is formulated primarily to fill, seal,

waterproof or weatherproof gaps or joints between waterproof or weatherproof gaps or joints bet~veen

two surfaces. Sealers and other materials that are two surfaces. Sealants include sealant primers and

applied to a single substrate to protect or decorate caulks.

are not "sealants."

"Single-ply roof membrane installation or repair "Single-ply roof membrane installation and repair

adhesive" means any adhesive intended by the adhesive" means any adhesive Iabeled for use in the

manufacturer for use in the installation or repair of installation or repair of single-ply roof membrane.

single-ply roof membrane. 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

l protrude through the membrane. Repair includes

gluing the edges of torn membrane together,

attaching a patch over a hole and reapplying

flashings to vents, pipes or ducts installed through

the membrane.

[t]

Response: The Department acknowledges the EPA-identified differences between

proposed Section 44 and the OTC Model Rule. The differences result in clearer

definitions by eliminating mmecessary words or phrases or substituting more specific

language. Some of the differences result from comparisons of the OTC Model Rule with

similar rules now in effect in some of the C~alifornia air quality management districts,

while others result from the informal conmaent by the regulated community. Such
13

revised definitions thus benefit from the adoption process in the California districts as

well as the Department’s considerable regulatory drafting experience.

Tl~e differences identified by EPA are not intended to create new product categories, alter

the applicability or change the emissions reductions anticipated. For example, the

language distinguishing "repair" from "installation" in relation to the definition of

"single-ply roof membrane installation or repair adhesive" is unnecessary since both

activities are undertaken using the same adhesive product.

Comment 8: Emission reduction calculation. Connecticut’s proposed rule indicates that it

will generate approximately fuur tons per sunm~er day in VOC emission reductions. Connecticut

should document how this estimate was determined, and include a discussion of how the

exemption for aerosol coatings was addressed in quantifying emission reductions. [1]

_~._~ponse:. Emissions calculations for Connecticut’s adhesives and sealants regulation

are fully documented in the Department’s proposed ozone attainment demonstration.12

For regional consistency, emissions were determined using an approach agreed to by the

Control Measures Workgroup of the OTC. For Connecticut, 2002 base year emissions of

1714 tons/year were obtained from an EPA-funded study~2 that applied a solvent mass

balance approach to estimate emissions from various solvent source categories. Fntm’e

year emission estimates include a 64.4% reduction in VOC emissions attributed to the

adoption of an adhesives and sealants rule in each OTC state. This level of reduction

represents the low end of the 64.4% to 77.8% range estimated by CAPri313 for the

development of a regulation based on the CARB reasonably available control technology

determination and its adoption in the California air quality management districts.

Connecticut’s proposed adhesives and sealants regulation includes an exemption for

aerosol adhesives. This exemption is included because the VOC content of aerosol

adhesives is regulated by Connecticut’s consumer products regulation, RCSA section

22a-174-40(d)(4). RCSA section 22a-174-40 assigns VOC content limits to five

categories of aerosol adhesives. The combination of an exemption for aerosol adhesives

and regulation nnder a separate role is consistent with the regulator3, treatment of aerosol

adhesives in the California air quality management districts (Bay Area, E1 Dorado, Placer

County, San Joaquin Valley, Ventura County, e.g.). Such an exemption was not included

in the CARB determination underlying the district rules since it preceded, in some cases,

adoption of consumer product regulations in the air quality management districts. The

tack of inclusion of such an exemption in the OTC Model Rule was an oversight.

As a result, we do not anticipate that the exemption will significantly alter the level of

estimated emissions reductions realized by Section 44. The reasonableness of the

11 See Section 4 and Appendix 4E of the proposed attainment demonstration at:

http://www.ct.gov/dep/cwp/view.asp?a=2684&q=385886&depNav GID=1619

"Solvent Mass Balance Approach for Estimating VOC Emissions from Eleven Nonpoint Solvent Source

Categories"; draft report prepared by EC/R, Inc. for EPA’s Office of Air Quality Planning and Standards; EPA

Contract No. 68-D-02-064; Work Assignment No. 3-05; March 28, 2005.

13 See "Determination of Reasonably Available Control Technology and Best Available Retrofit Control

Technology for Adhesives and Sealants"; California Air Resources Board; December, 1998.
14

emission reduction estimate is also founded on the OTC’s choice of a control factor (i.e.,

64.4%) from the low end of the range identified by CARB.

Comment 9: Uniformity of regulations. The adoption ofm~iform regulations in all states in

the Northeastern U.S. is the primary interest of the NPCA. [8]

Re__~ponse:. The Department understands the importance of unifolanity in essential

requirements of state regulations conceived at the regional level and shares the goal of

creating one seamless regional market in which a product may be sold in every state

under the same label and containing the same product formulation. To maintain

uniformity to the extent possible despite new information raised during the comment

period, the Depmqcment staff is in frequent contact with staff in other OTC states now

pursuing the adoption of OTC Model Rule-based regulations.

Nonetheless, differences among state regulations are inevitable. To the extent

Connecticut’s regulation strays from the exact text of the OTC Model Rule, it does so to

meet Connecticut-specific concerns, to improve the environmental result based on

information and concerns not raised during the Model Rule creation, to clarify or to

match Department formatting conventions. Such differences will not prevent the creation

of a regional market in which significant compliance requirements are the same from

state-to-state.

Comment i0: Rule development. In 1999, NPCA was involved in the process of developing

the CARB determination, the document that provides the basis for the OTC Model Rule, which,

in turn, forms the basis for Section 44. The CARB determination reflects industry input at that

time concerning technical and legal concerns. Industry developments since the issuance of the

CARB determination should be -- and are not -- incorporated into the OTC Model Rule or

Section 44. This lack is a concern. [8]

Response: The key emissions-reducing provision of Section 44 is the inclusion of VOC

content standards for defined categories of adhesives and sealants. The requirement to

comply with these VOC content standards falls on the manufaeturers and sellers of the

products. Users are also required to use products that comply with the standards, in

accordance with the manufacturer recommendations. A number of factors encourage the

adhesive industry to develop low-VOC and water-based products, including state and

federal requirements intended to create ozone prectirsor reductions, green building

standards and consumer concerns about toxic chemicals. Given these pressm’es on

manufacturers, the OTC workgroup that developed the OTC Model Rule was concerned

that the VOC content standards of the CARB determination may not represent the lowest

achievable standards of the current adhesives industry. The OTC workgroup chose to

move forward without reducing those standards given that the CARB determination

standards would yield significant emissions reductions for the states in the region.

In light of this baekground, the NPCA’s comment is puzzling; the industry should be

poised to meet lower VOC content standards than those provided in Section 44.

Furthermore, while the NPCA expresses legal and technical concerns with certain

categories of product, NPCA offers no specific concerns that the Department might act

upon in an information gathering process. For this reason, the Department should not

revise Section 44 in response to this comment.
15

Comment 11: Compliance date. Section 44’s compliance date should be at least 18 months

after rule promulgation to provide regulated industries time to substitute compliant materials or

install control equipment. [8]

Response: The proposed date on which the standards and most other requirements of

Section 44 apply to regulated persons is January 1, 2009. Should the rule adoption

process extend so that promulgation will occur close to that date, the Department may

consider moving that compliance date to the future. However, the Department committed

to EPA to adopt this rule as one of the Department’s means of attaining the federal 8-hour

ozone NAAQS, and is therefore under an obligation to move on a schedule that will

create the intended emissions reductions as of January 1, 2009.14 Manufacturers,

distributors and sellers of regulated products are thus put on notice of the Department’s

intentions and should note the efforts of other OTC states including Maryland, New

Jersey and Massachusetts to also complete the adoption of state regulations based on the

OTC Model Rule.

Comment 12: NESHAPs. Facilities subject to the National Emissions Standards for Hazardous

Air Poltntants (NESHAPs) for Miscellaneous Metal Par~s and Products (40 CFR 63 Subpart

MMMM) or Surface Coating of Plastic Parts and Products (40 CFR 63 Subpart PPPP) should not

be regulated by Section 44. Such companies are subject to VOC and hazardous air pollntant

(HAP) emission standards including source-specific emissions limits, which are enforced in

operating facility petvnits. Subjecting these facilities to Section 44 may limit operational

flexibility and will make compliance more complicated. For example, the NESHAPs measure

compliance on a twelve-month rolling average, which allows the operator to use adhesives with a

VOC content that exceeds the average at any given time, as long as lower VOC content products

are used to maintain the average. The standards of Section 44 would force such a facility to look

to the installation and use of pollution control equipment oi to use non-VOC products. However,

control equipment may be expensive or even infeasible. As a result, some facilities may shut or

move to another state. Furthermore, the use of control equipment will resutt in an increase in

carbon dioxide emissions. Finally, a shift to the use of aqueous or non-VOC containing

adhesives will never happen at a facility that has installed control equipment. [8]

Rehouse: The ozone attainment-driven requirements of Section 44 and the NESHAPs

are independent requirements that serve different purposes. Neither may substitute for

the other, given the differences in the purpose, applicability and standards. Compliance

with one does not exclude - and may even further - compliance with another.

Section 44 is proposed to limit VOC emissions from the use of regulated adhesives,

primers and sealants. The main mechanism to realize the emissions reductions are the

VOC content limits for regulated adhesives, sealants, primers, cleanup and surface

preparation solvents. Thus, Section 44 is applicable to manufacturers and sellers of the

regulated adhesives, sealants, primers and solvents. Section 44 also includes

requirements that apply to facilities at which the regulated adhesives, sealants, primers

and solvents are used, but those requirements are relatively limited and apply to any

process or activity using a regulated product.

The commitment is made in the 8-hour Ozone Attainment Demonstration. Available at:

http://www.ct.gov/dep/cwp/view.asp?a=2684&q=3 3 t234&depNav_GID=1619
16

In contrast, the NESHAPs are promulgated by EPA to reduce HAPs from ce(tain

facilities based on the activity or process occurring at the facility. The applicability is

only to the owners or operators of facilities at which the identified process is occm~ing,

and the applicability thresholds are determined by the facility’s potential to emit HAPs.

NESHAPs do not include VOC or HAP content limits for products, but require the

owners of the regulated facilities to meet HAP emissions standards on a 12-month rolling

average basis. While some of the regulated HAPs are also VOC, thereby creating

coincident reductions in VOC emissions, the creation of VOC emissions reductions is not

the primary purpose - or necessary result - of the NESHAPs.

Any facility that is subject to a NESHAP and at which an adhesive regntated by Section

44 is used will need to comply with both requirements. For some facilities, the use of

products that comply with Section 44 will further compliance with the NESHAP; in other

facilities, the requirements of Section 44 will not so do. For some facilities this will add

some elements to their record keeping system. Section 44 is designed with some

flexibility to facility operators in designing record keeping, as long as records are

sufficient to determine compliance with applicable requirements.~5 Compliance with a

NESHAP and Section 44 will not necessarily require the installation of control equipment

where no such equipment is now required. Finally, a general suggestion that a source

using control equipment has no incentive to switch to low-VOC or aqueous adhesives

and sealants is groundless; cost, employee safety, hazardous waste disposal needs,

product safety and a desire to "do the right thing" may all influence the choice of

products or control equipment at any facility.

Finally, to claim that the installation of air pollution control equipment would be a

deciding factor in the continued operation of a number of businesses is extreme and

unsubstantiated.

The Department should not revise Section 44 in response to this comment.

Comment 13: Consistency with a MACT. Section 44 should use definitions consistent with

the Miscellaneous Metal Surface Coating MACT Standard. [8]

Resl~onse: As explained in the response to comment 12, the requirements of 40 CFR 63

subpart MMMM concerning surface coating of miscellaneous metal parts serves a

purpose different than that of Section 44 and applies to a group of persons for the conduct

of activities outside the applicability of Section 44. Thus, not surprisingly, almost none

of the terms defined in 40 CFR 63.3981 are used in Section 44. In the case of the few

terms defined in both Section 44 and 40 CFR 63.3981, there is no clear advantage to

substituting the federal defmitions.

The Department should not revise Section 44 in response to this comment.

See, e.g., Section 44(t)(1).
17

Comment 14: Concerns about a specific facility. The proposal should include requirements

to limit V0C from manufacturing facilities that use paint and also specify the use of monitoring

equipment to measure VOC in the outside air whenever a complaint is filed. The commenters

offer this comment in light of their dissatisfaction with odors emitted by a neighboring factory

and frustration that repeated visits by inspectors from the Department in response to complaints

have not discovered any violations at the neighboring factory. [2]

Re__~_ponse: The Department should not revise the proposal in response to this comment

as the recommendations concerning the regulation of VOC emissions from paint and the

use of monitoring equipment are outside the noticed scope of this proceeding. Regarding

the use of paint in manufacturing processes, the Department adopted a regulation in July

2007~ RCSA section 22a-174-41, that regulates the VOC content of many paints, stains,

varnishes and other coatings used in certain industrial applications. The Department’s

regulations always include requirements for the testing and monitoring necessary to

determine compliance with limits and standards.

The Department also operates a statewide air monitoring network that is a crucial

component of compliance efforts to meet federal air quality standards and to evaluate the

success of our pollution contro! strategies. More information about that monitoring

network is available at:

http://www.ct.~ov/dep/cwp/view.asp?a=2684&Q=321790&depNav GID-1744&depNav=1

In response to the complaint about the emissions from a neighboring facility, as the

commenters note, the DepatXment’s inspectors have found the facility to be operating in

compliance with all applicable air quality regulations. Any future complaints will be

investigated should the commenters continue to experience unsatisfactory conditions.

VI. Additional Comments from the Hearing Officers

In addition to the above-recommended revisions, the Department should make the following

technical corrections and clarifications to the final version of Section 44:

The phrase "for use" should be added to subsection (d)(2) so the language mirrors the

corresponding applicability requirement in subsection (b)(2), as follows:

(2) Except as provided in subsections (c) and (d)(6) of this section, on or after

January 1, 2009, no person shall manufacture for sale for use in the State of Connecticut

any adhesive, sealant, adhesive primer or sealant primer unless such adhesive, sealant,

adhesive primer or sealant primer complies with the applicable VOC content limits

specified in Table 44-1 of this section and the applicable requirements of this subsection.

 ̄ The July 1, 2008 date in the labeling requirements of subsection (g)(1) should be changed

to January 1, 2009, so the labeling requirements coincide with all other provisions in the

section, as follows:

(1) As of Ju!7 !, 200g January 1, 2009, each manufacturer of an adhesive, sealant,

adhesive primer or sealant primer subject to a VOC content limit in Table 44-1 of this

section shall display the following information on the container or label...
18

The ASTM test methods referenced in subsection (e)(3) are not the current active

methods and should be revised to reflect the current active methods, as follows:

o ASTM D4457-85 should be replaced with ASTM D4457-02;

o ASTM E260-96 and ASTM E260-91 should be replaced with

ASTM E260-96(2006);

o ASTM D3792-91 should be replaced with ASTM D3792-05; and

o ASTM D2879-96 should be replaced with ASTM D2879-97(2007).

VII. Conclusion

Based upon the comments submitted by interested parties and addressed in this Hearing Report,

we reconunend the final new section, included as Attachment 4 to this report, be submitted by

the Commissioner for approval by the Attorney General and the Legislative Regulations Review

Committee. Based upon the same considerations, we also recommend that upon promulgation

the new section be submitted to EPA as a revision to the State Implementation Plan and as a

control measure in support of Connecticut’s plan to attain and maintain the 8-hour ozone

NAAQS.

Date

Anne B. Hulick

Hearing Officer

Date
ATTACHMENT 1

Federal Standards Analysis Pursuant to

Section 22a-6(h) of the General Statutes

Pursuant to the provisions of section 22a-6(h) of the Connecticut General Statutes (C.G.S.), the

Commissioner of the Department of Enviromnental Protection (the Department) is authorized to

adopt regulations pertaining to activities for which the federal government has adopted standards

or procedures. At the time of public notice, the Commissioner must distinguish clearly all

provisions of a proposed regulation that differ from federal standards or procedures. The

Commissioner must distinguish any such provisions either on the face of such proposed

regulation or through supplemental documentation accompanying the proposed regulation. In

addition, the Conunissioner must provide an explanation for all such provisions in the regulationmaking record required under Title 4, Chapter 54 of the C.G.S. and make such explanation

publicly available at the time of the notice of public hem’ing required under C.G.S. section 4-168.

In accordance with the requirements of C.G.S. section 22a-6(h), the following statement is

entered into the public administrative record in the matter of the proposed adoption of section

22a-174-44 (Section 44) of the Regulations of Connecticut State Agencies:

There are no comparable federal standards intended to improve ambient air quality by regulating

the VOC content of adhesives, and, therefore, no further analysis is required.

While the U.S. Environmental Protection Agency (EPA) published a consumer and commercial

products rule on September 11, 1998 (40 CFR Part 59 Subpart D), which include five types of

household adhesives, Section 44 includes an exemption for adhesives that are subject to R.C.S.A.

section 22a-174-40, the state’s counterpart to the Federal Part 59 rule for consumer products.

Regulated products do not otherwise overlap.

In addition, EPA has promulgated national emissions standards for hazardous pollutants for

source categories in 40 CFR 63, which address hazardous air emissions from adhesives and

cleaning solvents used in a limited number of source categories, including wood furniture

manufacturing, shipbuilding and aerospace. The limited overlap is addressed in some instances

thi’ough the exemptions of Section 44. In a few other cases, such as the contact adhesive limits

of Subpart JJ for wood furniture manufacturing operations, compliance with the Part 63

requirements will allow for compliance with the standard for contact bond adhesives in Section

44 for newer sources. Older source owners will find that the contact bond adhesive standard in

Section 44 is stricter than that of Subpart JJ.

May21,2007

D~e /s/MerrilyA. Gere

Bureau ofAirManagement
ATTACHMENT 2

Proposed RCSA Section 22a-174-44
DRAFT 11 - August 81 2007

The Regnlations of Cormecticut State Agencies are amended by adding section 22a-174-44, as

follows:

(NEW)

Section 22a-174-44 Adhesives and sealants.

(a) Definitions. For the purposes of this section, the following definitions shall apply:

"Acrylonitrile-butadiene-styrene welding adhesive" or "ABS welding adhesive" means any

adhesive intended by the manufacturer to weld acrylonitrile-butadiene-styrene pipe, which is

made by reacting monomers of acrytonitrile, butadiene and styrene.

"Adhesive" means any chemical compound, although typically "adhesives" are organic

polymers, that is applied for the purpose of bonding two surfaces together by other than

mechanical means.

"Adhesive primer" means any product intended by the manufacturer for application to a

substrate, prior to the application of an adhesive, to enhance the bonding surface.

"Aerosol adhesive" means an adhesive packaged as an aerosol in ~vhich the spray mechanism is

permanently housed in a non-refillable can designed for handheld application without ancillary

hoses or spray equipment.

"Aerospace component" means the fabricated part, assembly of parts or completed unit of any

aircraft, helicopter, missile or space vehicle, including passenger safety equipment.

"Architectural" means pertaining to stationary structures, 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 downspouts and

windows.

"As applied" means the composition of an adhesive, sealant or primer at the time it is applied to

a substrate, including any solvent, catalyst or other substance added to the as supplied adhesive,

sealant or primer.

"As supplied" means the composition of an adhesive, sealant or primer as sold to a retail

customer. For multi-component adhesives, sealants or primers, "as supplied" means the

composition after the component parts are combined as specified by the manufacturer and before

the addition, at the user’s initiative, of any ancillary substances.

"Automotive glass adhesive primer" means an adhesive primer intended by the manufacturer to

be applied to automotive glass prior to installation of the glass using an adhesive. "Automotive

glass adhesive primer" improves the adhesion to the pinch weld and blocks ultraviolet light.

"CARB" means the California Air Resources Board.

"Ceramic tile installation adhesive" means any adhesive intended for use in the installation of

ceramic tiles.
DRAFT 11 - August 8~ 2007 2

"Chlorinated polyvinyl chloride welding adhesive" or "CPVC welding adhesive" means any

adhesive intended for welding of CPCV plastic pipe.

"Cleanup solvent" means a VOC-contairdng solvent used to remove a loosely held uncured

adhesive or sealant from a substrate or to clean equipment used in applying an adhesive, a

sealant or a primer.

"Computer diskette jacket manufacturing adhesive’, means any adhesive intended by the

manufacturer to glue the fold-over flaps to the body of a vinyl computer diskette jacket.

"Contact bond adhesive" means any adhesive tl~at forms an instantaneous, non-repositionabte

bond when substrates, on which the adhesive was applied and allowed to dry, are brought

together using momentary pressure. "Contaet bond adhesive" does not include rubber cements

that are primarily intended for use on paper substrates or vulcanizing fluids designed and labeled

for tire repair only.

"Cove base" means a flooring trim unit, generally made of vinyl or rubber, having a concave

radius on one edge and a convex radius on the opposite edge that is used in forming a junction

between the bottom wail course and the floor or in forming an inside co~aer.

"Cove base installation adhesive" means any adhesive intended by the manufacturer for the

installation of cove base or wall base on a wall or vertical surface at floor level.

"Cyanoacrylate adhesive" means any single-component reactive diluent adhesive that contains at

least 85% by weight methyl, ethyl, methoxymethyl or other functional groupings of

cyanoacrylate.

"Exempt compound" means compounds of carbon excluded from the definition of"VOC" in

section 22a-174-1 of the Regulations of Connecticut State Agencies.

"Flexible vinyl" means non-rigid polyvinyl chloride plastic with at least five percent, by weight,

plasticizer content.

"Fiberglass" means a material made of extremely fine filaments of glass.

"Indoor floor covering installation adhesive" means any adhesive intended by the manufacturer

for use in the installation of finish surface wood flooring, carpet, resilient tile, vinyl tile, vinyl

backed carpet, resilient sheet and roll or artificial grass. Adhesive used to install ceramic tile or

perimeter bonded sheet vinyl flooring is not "indoor floor covering installation adhesive."

"Laminate" means a material made by bonding two or more sheets or layers.

"Low-solids adhesive, sealant or primer" means any adhesive, sealant or primer product that

contains 120 grams or less of solids per liter of product.

"Marine deck sealant" or "marine deck sealant primer" means any sealant or sealant primer

intended by the manufacturer for application to wooden marine decks.
DRAFT 11 -August 8~ 2007

"Medical equipment manufacturing" means the manufacture of medical devices, such as, but not

limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tabes, blood

oxygenators or cardiatory reservoirs.

"Metat-to-elastomer molding or casting adhesive" means any adhesive intended by the

manufacturer to bond metal to rabber or urethane elastomers using a heated molding or casting

process in order to fabricate products.

"Multipurpose constraction adhesive" means any adhesive intended by the manufacturer for use

in the installation or repair of various construction materials, including, but not limited to, dry

wall, subfloor, panel, fiberglass re’mforced plastic, ceiling tile or acoustical tile.

"Nonmembrane roof installation or repair adhesive" means any adhesive intended by the

manufacturer for use in the installation or repair of nonmembrane roofs, including, but not

limited to, plastic or asphalt roof cement, asphalt roof coating or cold application cement.

Adhesive intended for use in the installation of pre-fabricated single-ply roof membrane is not

"nonmembrane roof installation or repair adhesive."

"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 weather conditions during normal use.

"Panel installation" means the installation of plywood, pre-decorated hardboard (or tileboard),

fiberglass reinforced plastic, or similar pre-decorated or non-decorated panels to studs or solid

surfaces using an adhesive formulated for that purpose.

"Perimeter bonded sheet vinyl flooring installation" means the installation of sheet flooring with

vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip

no more than four inches wide around the perimeter of the sheet flooring.

"Plastic cement welding adhesive" means any adhesive intended by the manufacturer for use to

dissolve the surface of plastic to form a bond between mating surfaces.

"Plastic cement welding primer" means any primer intended by the manufacturer for use to

prepare plastic substrates prior to bonding or welding.

"Plasticizer" means any substance, such as a high boiling point organic solvent, that is added to a

hard plastic to provide flexibility or pliability.

"Polyvinyl chloride welding adhesive" or "PVC welding adhesive" means any adhesive intended

by the manufacturer for use in the welding of PVC plastic pipe.

"Porous material" means wood, paper, con-ugated paperboard or other solid that has tiny

openings, oRen microscopic, in which fluids may be absorbed or discharged.

"Reactive diluent" means a liquid reactant in an uncured adhesive, sealant or primer that reacts

chemically or physically during the curing process to become an integral part of the cured

adhesive, sealant or primer.
DRAFT 11 -August 8, 2007 4

"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 or

parking lots.

"Rubber" means any natural or manmade elastomer, including, but not limited to, styrenebutadiene robber, polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated

polyethylene or ethylene propylene diene terpolymer.

"SCAQMD" means the South Coast Air Quality Management District, a part of the California

Air Resources Board, which is responsible for the regulation of air quality in the State of

California.

"Sealant primer" means any product intended by the manufacturer for application to a substrate,

prior to the application of a sealant, to enhance the bonding surface.

"Sealant" means any material with adhesive properties that is formulated primarily to fill, seal,

waterproof or weatherproof gaps or joints between two surfaces. Sealers and other materials that

are applied to a single substrate to protect or decorate are not "sealants."

"Sheet-applied rubber installation" means the process of applying sheet rubber liners by hand to

metal or plastic substrates to protect the underlying substrate from corrosion or abrasion,

inclusive of the process of laminating sheet rubber to fabric by hand.

"Single-ply roof membrane" means a prefabricated single sheet of rubber, normally ethylenepropylenediene terpolymer, that is applied in a single layer to a building roof.

"Single-ply roof membrane installation or repair adhesive" means any adhesive intended by the

manufactm’er for use in the installation or repair of single-ply roof membrane.

"Single-ply roof membrane adhesive primer" means any primer intended by the manufacturer for

use to clean and promote adhesion of the single-ply roof membrane seams or splices prior to

bonding.

"Single-ply roof membrane sealant" means any sealant intended by the manufacturer for

application to single-ply roof membrane.

"Solvent" means any organic compounds that are used as diluents, thinners, dissolvers, viscosity

reducers, cleaning agents or other related uses.

"Structural glazing adhesive" means any adhesive intended by the manufacturer to apply glass,

ceramic, metal, stone or composite panels to exterior building frames.

"Surface preparation solvent" means a solvent used to remove dirt, oil and other contaminants

from a substrate prior to the application of a primer, adhesive or sealant.

"Thin metal laminating adhesive" means any adhesive intended by the manufacturer for use in

bonding multiple layers of metal to metal or metal to plastic, in the production of electronic or

magnetic components, in which the thickness of the bond line(s) is less than 0.25 mils.
DRAFT 11 - August 8~ 2007 5

"Tire repair" means a process that includes expanding a hole, tear, fissure or blemish in a tire

casing by grinding or gouging, applying adhesive and filling the hole or crevice with rubber.

"Tire retread adhesive" means any adhesive intended by the manufacturer for application to the

back ofpre-cure tread rubber and to the casing and cushion rabber. "Tire retread adhesive" may

also be used to seal buffed tire casings to prevent oxidation while the tire is being prepared for a

new tread.

"Traffic marking tape" means preformed reflective film intended by the manufacturer for

application to streets, highways and other surfaces where pavement mat’kings are desired,

including, but not limited to, curbs, berms, driveways and parking lots.

"Traffic marking tape adhesive primer" means any primer intended by the manufacturer for

application to a substrate prior to installation of traffic marking tape.

"Twelve-month rolling aggregate" means the amount of adhesives, sealants, primers or solvents

used in a twelve-month period, calculated each month by adding the current month’s adhesive,

sealant, primer or solvent use to the amount used in each of the previous eleven months.

"Undersea-based weapons systems components" means the fabrication of parts, assembly of

parts or completed nnits of any portion of a missile launching system used on submarines.

"Waterproof resorcinol glue" means a two-part resorcinoi-resin-based adhesive intended for

continuous water immersion.

(b) Applicability.

(1) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after January 1, 2009, Sells, supplies or offers for sale for use in the State of

Connecticut any adhesive, sealant, adhesive primer or sealant primer subject to a VOC content

limit in Table 44-1 of this section.

(2) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after Januat’y 1, 2009, manufactures for sale for use in the State of Connecticut any

adhesive, sealant, adhesive primer or sealant primer subject to a VOC content limit in Table 44-1

of this section.

(3) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after January 1, 2009, uses or applies within the State of Connecticut, or solicits the

use or application of within the State of Connecticut, any adhesive, sealant, adhesive primer or

sealant primer with an applicable VOC content limit in either Table 44-1 or Table 44-2 of this

section.

(c) Exemptions and exceptions.

(1) The requirements of this section shall not apply, except as othetvcise noted, to the

manufacture, sale or use of the following adhesives, sealants, adhesive primers, sealant primers

or solvents:
DRAFT 11 -

(a)

(B)

(c)

(D)

August 8~ 2007 6

Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated

in any research and development, quality assurance or analytical laboratory,

provided that records are maintained as specified in subsection (0(4) of this

section;

Adhesives or sealants that contain less than 20 grams of VOC per liter of adhesive

or sealant, less water and exempt compounds, as applied;

Cyanoacrylate adhesives;

Aerosol adhesives;

Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied

by the manufacturer or supplier in containers with a net volume of 16 fluid ounces

or less, or a net weight of one pound or tess, except plastic cement welding

adhesives and contact bond adhesives;

Adhesives, sealants, adhesive primers and sealant primers that are subject to a

VOC content limit in section 22a-174-40 of the Regulations of Com~ecticut State

Agencies;

Contact bond adhesives that are sold or supplied by the manufacturer or supplier

in a container with a net volume of one gallon or tess; or

Adhesives, cleanup solvents and surface preparation solvents used in the

assembly, repair and manufacture of submarines, when the use of a noncomplying

adhesive or solvent is necessary to meet military performance specifications,

provided that records of the use of such noncompliant adhesives or solvents are

maintained in accordance with subsection (f)(1) of this section.

(2) The requirements of this section shall not apply to the use of adhesives, sealants, adhesive

primers, sealant primers, surface preparation solvent and cleanup solvent in the following

operations:

Tire repair operations, provided the label of the adhesive states "For tire repair

only;"

(B) Assembly, repair or manufacture of undersea-based weapon systems;

(C) Assembly, repair or manufacture of aerospace components;

(D) Manufacture of medical equipment;

(E) Metal cleaning performed in accordance with section 22a-174-20(/) of the

Regulations of Connecticut State Agencies; or

Plaque laminating operations in which adhesives are used to bond clear, polyester

acetate laminate to wood with lamination equipment installed prior to July 1,

1992. Anyperson claiming exemption pursuant to this subparagraph shall record
DRAFT 11 - August 8~ 2007 7

and maintain monthly operational records sufficient to demonstrate compliance

with this exemption and in accordance with subsection (f) of this section.

(3) The provisions of this section shall not apply to the use of adhesives, sealants, adhesive

primers or sealant primers at a facility if the total VOC emissions from all adhesives, sealants,

adhesive primers and sealant primers used at the facility are less than 200 pounds, or an

equivalent volume, per any twelve-month rolling aggregate. Emissions from cold cleaning units,

vapor degreasers and aerosol products shall not be included in determining the total VOC

emissions. Any person claiming exemption pursuant to this subparagraph shall record and

maintain monthly operational records sufficient to demonstrate continued eligibility for this

exemption and in accordance with subsection (f) of this section, as applicable.

(4) The VOC content limits in Tables 44-1 and 44-2 and the requirements of subsections

(d)(7) and (d)(8) of this section shall not apply to the use 0fany adhesives, sealants, adhesive

primers, sealant primers, cleanup solvents and surface preparation solvents provided the total

volume of noncomplying adhesives, sealants, primers, cleanup and surface preparation solvents

applied facility-wide does not exceed 55 gallons per any twelve-month rolling aggregate. Any

person claiming exemption pursuant to this subdivision shall record and maintain monthly

operational records sufficient to demonstrate compliance with this exemption and in accordance

with subsection (f) of this section.

(5) This section shall not apply to any manufacturer or distributor who sells, supplies or

offers for sale in the State of Cormecticut any adhesive, sealant, adhesive primer or sealant

primer that does not comply with the VOC content limits specified in Table 44-1 of this section

provided that such manufacturer or distributor makes and keeps records demonstrating:

The adhesive, sealant, adhesive primer or sealant primer is intended for shipment

and use outside of the State of Connecticut; and

The manufacturer or distributor has taken reasonable precautions to assure that

the adhesive, sealant, adhesive primer or sealant primer is not distributed to or

within the State of Connecticut.

(6) Subdivision (5) of this subsection shall not apply to any manufacturer or distributor who

sells, supplies or offers for sale any adhesive, sealant, adhesive primer or sealant primer to a

retail outlet in the State of Connecticut.

(7) The VOC content limits of Table 44-1 of this section shall not apply to the sale of any

adhesive, sealant, adhesive prime~ or sealant primer to a person using add-on air pollution

control equipment to control emissions of VOC from such adhesive, sealant, adhesive primer or

sealant primer at the stationary source, if the add-on air pollution control equipment meets the

requirements of subsection (d)(6) of this section.

(8) This section shall not apply to the use of any adhesive, sealant, adhesive primer, sealant

primer, cleanup solvent or surface preparation solvent at a private residence for non-conmaercial

proposes.

(9) The requirements of this section shall not apply to any adhesive, sealant, adhesive primer,

sealant primer, cleanup solvent or surface preparation solvent that is distributed or transferred by
DRAFT 11 -August 8~ 2007 8

a branch of the United States military to, from or within a premises operated by that branch of

the United States military.

(d) Standards.

(1) Except as provided in subsections (c) and (d)(6) of this section, on or after January 1,

2009, no person shall sell, supply or offer for sale in the State of Cormecticut any adhesive,

sealant, adhesive primer or sealant primer manufactured on or after January 1, 2009 unless such

adhesive, sealant, adhesive primer or sealant primer complies with the applicable VOC content

limits specified in Table 44-1 of this section and the applicable requirements of this subsection.

(2) Except as provided in subsections (c) and (d)(6) of this section, on or after January 1,

2009, no person shall manufacture for sate in the State of Connecticut any adhesive, sealant,

adhesive primer or sealant primer unless such adhesive, sealant, adhesive primer or sealant

primer complies with the applicable VOC content limits specified in Table 44-1 of this section

and the applicable requirements of this subsection.

(3) Except as provided in subsections (c)(1) through (c)(4), (c)(7), (c)(9) and (d)(6) of this

section, on or after January 1, 2009, no person shall use or apply, or solicit the use or application

of, any adhesive, sealant, adhesive primer or sealant primer within the State of Co~mecticut

unless such adhesive, sealant, adhesive primer or sealant primer as applied complies with the

applicable VOC content limits specified in Table 44-1 or Table 44-2 of this section and the

applicable requirements of this subsection.

(4) For adhesives, the VOC content limits of Tables 44-1 and 44-2 of this section shall apply

as follows:

If a person uses an adhesive subject to a specific VOC content limit in Table 44-1,

such specific limit shall apply, and no limit in Table 44-2 shall apply; and

If an adhesive is not listed in Table 44-1, a VOC content limit in Table 44-2 shall

apply based on the substrate bonded by the adhesive. If an adhesive is used to

bond two different substrates together, the subsrrate assigned the higher VOC

content limit shall apply to such use.

(5) Any person using adhesives, sealants, adhesive primers, sealant primers, surface

preparation solvents or clean-up solvents subject to this section shall store or dispose of all

absorbent materials, such as cloth or paper, which are moistened with such adhesives, sealants,

primers or solvents, in non-absorbent containers that shall be closed except when placing

materials in or removing materials from the container.

(6) A person using an adhesive, sealant, adhesive primer or sealant primer subject to this

section may comply with the VOC content limits of Tables 44-1 and 44-2 of this section using

add-on air pollution control equipment if such equipment meets the following requirements:

The VOC e~missions from the use of all adhesives, sealants, adhesive primers or

sealant primers subject to this section are reduced by an overall capture and

control efficiency of at least 85%, by weight;
DRAFT 11 -August 81 2007 9

The combustion temperature is monitored continuously if a thermal incinerator is

operated;

(c) Inlet and exhaust gas temperatures are monitored continuously if a catalytic

incinerator is operated;

(D) The VOC concentration of the inlet and exhaust gas is measured continuously if a

carbon absorber or control device other than a thermal or catalytic incinerator is

operated; and

Operational records sufficient to demonstrate compliance with the requirements

of this subdivision are maintained as required by subsection (f) of this section.

(7) Any person using a surface preparation solvent shall:

Except as provided in subparagraph (B) of this subdivision for single-ply roofing,

limit the VOC content of surface preparation solvent used to less than 70 grams

per liter; or

(B) If a surface preparation solvent is used in applying single-ply roofing, limit the

composite vapor pressure, excluding water and exempt compounds, of the surface

preparation solvent used to less than or equal to 45 mmHg at 20 degrees Celsius.

(8) Any person using a cleanup solvent shall:

Except as provided in subparagraph (f3) of this subdivision, limit the composite

vapor pressure of a cleanup solvent to less than 45 mmHg at 20 degrees Celsius;

or

(B) When cleaning spray application equipment, perform the removal of an adhesive,

sealant, adhesive primer or sealant primer from the parts of spray application

equipment in accordance with either subparagraph (i) or (ii), as follmvs:

0) In an enclosed cleaning system, or equivalent cleaning system as

determined by the test method identified in subsection (e)(4) of this

section, or

0i) Using a solvent with a VOC content less than or equal to 70 grams of

VOC per liter. As necessary, parts containing dried adhesive may be

soaked in a solvent if the composite vapor pressure of the solvent,

excluding water and exempt compounds, is less than or equal to 9.5

mmHg at 20 degrees Celsius, and the parts and solvent are in a closed

container that remains closed except when adding parts to or removing

parts from the container.

(9) No person who applies or solicits the application of any adhesive, sealant, adhesive

primer or sealant primer subject to this section shall add solvent to such adhesive, sealant or

primer in an amount in excess of the manufacturer’s recommendation for application, if such
DRAFT 11 - August 8~ 2007 l0

addition causes the adhesive, sealant or primer to exceed the applicable VOC content limit of this

section.

(e) Compliance procedures and test methods.

(1) Any person who sells, supplies, offers for sale or manufactures an adhesive, sealant,

adhesive primer or sealant primer subject to this section on or after January 1, 2009 for sale in

the State of Connecticut shall possess documentation that such adhesive, sealant, adhesive primer

or sealant primer complies with the VOC content limits of Table 44-1 of this section, ~vhere the

VOC content is determined according to the requirements of subdivisions (2) and (3) of this

subsection.

(2) The VOC content (grams per liter and percent by weight) of adhesive, sealant, primer and

solvent products subject to this section, shall be determined according to the following

calculations:

For products that do not contain reactive diluents, grams of VOC per liter of

product thinned to the manufacturer’s recommendation, less water and exempt

compounds, shall be calculated according to the following equation:

Grams of VOC per liter of product = .Ws - Ww- We

Vm - Vw- Ve

Where

Ws

Ww =

We =

Vw =

Ve =

weight of volatile compounds, in grams

weight of water, in grams

weight of exempt compounds, in grams

volume of product, as supplied, in liters

volume of water, in liters

volume of exempt compounds, in liters;

(B) For products that contain reactive diluents, the VOC content of the product is

determined after curing. The grams of VOC per liter of product thim~ed to the

manufacturer’s recommendation, less water and exempt compounds, shall be

calculated according to the following equation:

Grams of VOC per liter of product = Wrs- Wrw- Wre

Vrm - Vtw- Vre

Where

g~’e=

F)’~n =

weight of volatile compounds not consumed during curing, in

grazns

weight of water not consumed during curing, in grams

weight of exempt compounds not consumed during curing, in

grams

volume of product, as supplied, not consumed during curing, in

liters

volume of water not consumed during curing, in liters
DRAFT 11 - August 8~ 2007 11

Vre = volume of exempt compounds not consumed during curing, in

liters;

(c) Grams of VOC per liter of product thim~ed to the manufacturer’s recommendation

shall be calculated according to the following equation:

Grams of VOCper liter of product =

Where

weight of volatile compounds, in grams

weight of water, in grams

weight of exempt compounds, in grams

volume of product, in liters; and

(D) Percent VOC by weight shall be calculated according to the following equation:

% VOC by weight = [(Wv/W)] x 100

Where

weight of VOCs in grams

weight of product in grams

(3) The following procedures shall be used to determine the properties of the specified

adhesives, sealants, primers, solvents or components thereof in order to perform the calculations

required pursuant to subdivision (2) of this subsection or to verify calculations based on

formulation data:

Except as provided in subparagraphs (C), (D) and (E) of this subdivision, the

VOC and solids content of all adhesives, adhesive primers, sealants, sealant

primers, surface preparation solvents and cleanup solvents shall be determined

using 40 CFR 60, Appendix A, Reference Method 24, or SCAQMD Method 304;

The volatile organic content of exempt organic compounds shall be determined

using ASTM D4457-85 or the most current version of such test, as applicable;

(c) The VOC content of any plastic welding cement adhesive or primer shall be

determined using SCAQMD Method 316A;

(D) The amount of reactive diluent in a product shall be determined using SCAQMD

Method 316A;

(E) The composite vapor pressure of volatile organic compounds in surface

preparation solvents and cleanup solvents shall be determined by quantifying the

amount of each compound in the blend using gas chromatographic analysis

(ASTM E 260-96 or its most current replacement test) for organics and ASTM

D3792-91 or the most current version of such test, for water content, as

applicable, and the following equation:
DRAFT 11 - Au~nst 8~ 2007 12

Ppc =

n n n

[ Z (Wi)(Vpi)/Mwi]/[ (Ww/Mww) + Z (We/Mwe) + Z(Wi/Mwi) ]

i =1 i =I i =1

Where

Ppc = VOC composite partial pressure at 20 degrees C, in mmHg

Wi = Weight of the "i"th VOC compound, in grams, as determined by ASTM E

260-96 or the most crescent version of such test

Vpi = Vapor pressure of the "i"th VOC compound at 20 degrees C, in mmHg, as

determined by subparagraph (F) of this subdivision

Mwi = Molecular weight of the "i"th VOC compound, ~n grams per g-mole, as

given in chemical reference literature

Ww = Weight of water, in grams as deterrnined by ASTM D 3792-91 or the most

current version of such test

Mww = Molecular weight of water, 18 grams per g-mole

We = Weight of the "i"th exempt compound, in grams, as determined by

ASTM E 260-91 or the most current version of such test

Mwe =Molecular weight of the "i"th exempt compound, in grams per g-mole, as

given in chemical reference literature

(F) The vapor pressure of each single component compound may be determined from

ASTM D2879-86, or the most current version of such test, or may be obtained

from any of the following sources:

(i) The most recent editiorco£ The Vapor Pressure of Pure Substances,

Boublik, Fried, and Hala, eds., Elsevier Scientific Publishing Company,

New York,

(ii) The most recent edition of Perry’s Chemical Engbwer’s Handbook,

McGraw-Hill Book Company,

(iii) The most recent edition of CRC Handbook of Chemistty and Physics,

Chemical Rubber Publishing Company,

(iv) The most recent edition of Lange’s Handbook ofChemisOy, Jotm Dean,

editor, McGraw-Hill Book Company, or

(v) Additional sources approved for this purpose by the Commissioner.

(4) The active and passive solvent losses from spray gun cleaning systems shall be

dete~Tnined using SCAQMD’s "General Test Method for Dete~Tnining Solvent Losses from Spray

Gun Cleaning Systems," dated October 3, 1989. The test solvent for this determination shall be
DRAFT 11 - August 81 2007 13

any lacquer thilmer with a minimum vapor pressure of 105 mm of rig at 20 degrees Celsius, and

the minimum test temperatm’e shall be 15 degaees Celsius.

(5) Control device efficiency shall be measured in accordance with 40 CFR 60 Appendix A,

Reference Methods 18, 25, 25A and 25B or CARB Method 100.

(6) If the organization responsible for preparing any reference or test method identified in

this subsection replaces that method with an equivalent method, then either the identified method

or its replacement may be used for the purposes of this section.

(f) Record keeping and reporting requirements.

(1) Except as provided in subsection (c)(8) of this section, or except if add-on air pollution

control equipment is used to comply with the VOC content limits of Tables 44-1 or 44-2 of this

section, as provided in subsection (d)(6) of this section, and records are maintained as required in

subsection (0(2) of this section, each person subject to this section shall maintain records of the

infomtation necessary and sufficient for the Commissioner to determine compliance with the

applicable requirements of this section. Such information may include:

(A) A list of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent

and surface preparation solvent in use and in storage;

(B) Identification of each adhesive, sealant, adhesive primer, sealant primer, cleanup

solvent and surface preparation solvent by product name and description;

(C) The VOC content of each adhesive, sealant, adhesive primer, sealant primer,

cleanup solvent and surface preparation solvent product as supplied;

(D) The mix ratio of any catalysts, reducers or other components used;

(E) The final VOC content or vapor pressure of each adhesive, sealant, adhesive

primer, sealant primer, cleanup solvent and surface preparation solvent, as

applied; or

(F) The monthly volume of each adhesive, sealant, adhesive primer, sealant primer,

cleanup solvent or surface preparation solvent used.

(2) Any person who complies with the VOC content limits of Table 44-1 or Table 44-2 of

this section through the use of add-on air pollution control equipment shall record the key

operating parameters for the control equiplnent, including but not limited to, the following

information:

(A) The volume used per day of each adhesive, sealant, adhesive primer, sealant

primer or solvent that is subject to a VOC content limit in Table 44-1 or Table

44-2 of this section and that exceeds such a limit;

(B) On a daily basis, the combustion temperature, inlet and exhaust gas temperatures

and control device efficiency, as appropriate, pursuant to subsection (d)(6) of this

section;
DRAFT 11 - August 8~ 2007 14

(C) Daily hours of control equipment operation;

All maintenance performed on control equipment including the date and type of

maintenance; and

Records documenting that such equipment is operated in compliance with the

control and capture efficiency requirement of subsection (d)(6) of this section.

(3) All records made to determine compliance with this section shall be maintained on the

premises for five years from the date such record is created and shall be made available to the

Commissioner within 90 days of a request.

(4) For adhesives, sealants, adhesive primers and sealant primers subject to the laboratory

testing exemption of subsection (c)(1)(A) of this section, the person conducting the testing shall

make and maintain records of all such adhesives, sealants, primers and solvents used in the

preparation or evaluation process, including, as appropriate, the product name, manufacturer and

description.

(5) Upon written notice, the Commissioner may require any person subject to this section to

report infolrnation sufficient to determine compliance with the applicable requirements of this

section.

(6) Any document submitted to the Commissioner pursuant to this section shall include a

certification signed by an individual identified in section 22a-174-2a(a)(1) of the Regulations of

Connecticut State Agencies, and by the individual or individuals responsible for actually

preparing such document, each of whom shall examine and be familiar with the infonnation

submitted in the document and all attachments thereto, and shall make inquiry of those

individuals responsible for obtaining the information to determine that the information is true,

accurate, and complete, and each of whom shall certify in writing as follows:

"I have personally examined and am familiar with the information submitted in this

document and all attachments thereto, and I certify that based on reasonable

investigation, including my inquiry of those individuals responsible for obtaining the

information, the submitted information is true, accurate and complete to the best of my

knowledge and belief. I understand that any false statement made in the submitted

information may be punishable as a criminal offense under section 22a-175 of the

Connecticut General Statutes, under section 53a-157b of the Connecticut General

Statutes, and in accordance with any applicable statute."

(g) Container labeling.

(1) As of July 1, 2008, each manufacturer of an adhesive, sealant, adhesive primer or sealant

primer subject to a VOC content limit in Table 44-1 of this section shall display the following

information on the container or label for such adhesive, sealant, adhesive primer or sealant

primer:

(A) The category name of the product;
DRAFT 11 -August 8~ 2007 15

A statement of the manufacturer’s recommendation regarding thinning, reducing

or mixing, where:

(i) A statement is not required for thinning, reducing or mixing with water,

and

(ii) If thinning prior to use is not necessary, the recomrnendation shall specify

that the product is to be applied as supplied;

(c) The maximum or the actual VOC content as supplied, displayed in grams of VOC

per liter of product; and

The maximum or the actual VOC content as applied in accordance with the

manufaeturer’s recommendation regarding thinning, reducing or mixing,

displayed in grams of VOC pet" liter of applied product.

(2) The VOC content of an adhesive, sealant, adhesive primer or sealant primer shall be

calculated using the lnanufacturer’s formulation data or determined using the calculations,

procedures and test methods in subsection (e) of this section.

(3) Any person applying an adhesive, sealant, adhesive primer or sealant primer subject to a

VOC content limit in Tables 44-1 or 44-2 of this section may rely on the manufacturer’s

representation on the container or label, if such product is applied as recommended for a use

specified on the container or label.
DRAFT 11 -Angust 8, 2007 16

Table 44-1. As Applied VOC Content Limits for Adhesives, Sealants,

Adhesive Primers and Sealant Primers

Adhesive, sealant, adhesive primer or sealant primer As applied VOC content

category li~nit

(grams VOC per liter)

Adhesives

ABSwelding 400

Ceramic tile installation 130

Computer diskette jacket manufactur’mg 850

Contact bond 250

Cove base installation 150

CPVC welding 490

Indoor floor covering installation 150

Metal-to-elastomer molding or casting 850

Multipurpose constcaetion 200

Nonmembrane roof installation or repair 300

Plastic cement welding 510

Outdoor floor covering installation 250

PVC welding 510

Single-ply roof membrane installation or repair 250

Structural glazing 100

Thin metal laminating 780

Tire retread 100

Perimeter bonded sheet vinyl flooring installation 660

Waterproof resorcinol glue 170

Sheet-applied robber installation 850

Sealants

Architectural 250

Marine deck 76O

Nonmembrane roof installation or repair 3OO

Roadway 250

Single-ply roof membrane 45O

Other 420

Adhesive primers

Automotive glass 700

Plastic cement welding 65O

Single-ply roof membrane 250

Traffic marking tape 150

Other 250

Sealant primers

Non-porous architectural 250

Porous architectural 775

Marine deck 760

Other 750
DRAFT 11 -August 8~ 2007 17

Table 44-2. As Applied VOC Content Limits for Adhesives Applied to the Listed Substrate

Substrate As applied VOC content

limit

(grams VOC per liter)

Flexible vinyl 250

Fiberglass 2OO

Metal 30

Porous material 120

Rubber 250

Other substrates 250

Statement of Purpose: This new section of the air quality regulations limits emissions of

volatile organic compounds (VOCs) from adhesives, sealants and primers. This section achieves

VOC reductions through two basic components: sale and manufacture restrictions that limit the

VOC content of specified adhesives, sealants and primers sold in the state; and use restrictions

that apply primarily to commercial/industrial operations such as wood product manufacturers,

upholstery shops, adhesives retailers and architectural trades, such as building construction, floor

coyer’rag installation and roof repair. By reducing the availability of higher VOC content

adhesives and sealants within the state, the sales prohibition is also intended to address adhesive

and sealant usage at area somces. In addition to the VOC content limits and use requirements,

this section includes requirements for cleanup and preparation solvents and a compliance

alternative in the folrn of add-on air pollntion control equipment.

This section is based on a model rule of the Ozone Transport Commission, which is, in turn,

based on a reasonably available control technology determination prepared by the California Air

Resources Board (CARB) in 1998. In the years 1998-2001, the provisions of the CARB

determination were adopted in regulatory form in various air pollution control districts in

California.

The associated emissions reductions, which are estimated to be nearly 4 tons per summer day,

will support attai~mlent of the 8-hour national ambient air quality standard.
ATTACHMENT3

List of Commenters

Am~e Arnold, Manager

Air Quality Planning Unit

United States Environmental Protection Agency (EPA)

Region 1

One Congress Street, Suite 1 t00

Boston, MA 02114-2023

Glenna and Mike Adams

Bob and Mary Chapman

South Windham, CT

Madams 1001 @earthlink.com

C. Mitchell Sorensen, Executive Director

Connecticut Roofmg Contractors Association

P.O. Box 30

One Regency Drive

Bloomfield, CT 06002

msorensen@ssm~t.com

Mike Ennis

Technical Director

Single Ply Roofing Industry, Inc.

m.ennis@mac.com

S.P. Graveline

Vice President Technical Services

Sika Sarnafil Inc.

100 Dan Road

Canton, MA 02021

Gary Thompson

Beacon Sales Co.

Hartford, CT

gthompson@beaconsales.com

Jared O. Blum

Executive Director

EPDM Roofing Association

7315 Wisconsin Avenue

Suite 400E

Bethesda, Md. 20815
Heidi K. McAuliffe

Counsel, Government Affairs

National Paint & Coatings Association, Inc.

1500 Rhode Island Avenue, NW

Washington, DC 20005

hmcauliffe@paint.or~

Robert A. Baker, President

KEY POLYMER CORPORATION

17 Shepard Street, Lawrence Industrial Park

Lawrence, MA 01843-1023

Rbaker@kes,polymer.com
ATTACHMENT 4

Final Text

RCSA Section 22a-174-44
The Regulations of Connecticut State Agencies are amended by adding section 22a-174-44, as

follows:

Section22a-174-44 Adhesives and sealants.

(a) Definitions. For the purposes of this section, the following definitions shall apply:

"Acrylonitrile-butadiene-styrene welding adhesive" or "ABS welding adhesive" means any

adhesive intended by the manufacturer to weld acrylonitrile-butadiene-styrene pipe, which is

made by reacting monomers of acrylonitrile, butadiene and styrene.

"Adhesive" means any chemical compound, although typically "adhesives" are organic

polymers, that is applied for the propose of bonding two surfaces together by other than

mechanical means.

"Adhesive primer" means any product intended by the manufacturer for application to a

substrate, prior to the application of an adhesive, to enhance.the bonding surface.

"Aerosol adhesive" means an adhesive packaged as an aerosol in which the spray mechanism is

permanently housed in a non-refillable can designed for handheld application without ancillary

hoses or spray equipment.

"Aerospace component" means the fabricated part, assembly of parts or completed unit of any

aircraft, helicopter, missile or space vehicle, including passenger safety equipment.

"Architectural" means pertaining to stationary structures, 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 downspouts and

windows.

"As applied" means the composition of an adhesive, sealant or primer at the time it is applied to

a substrate, including any solvent, catalyst or other substance added to the as supplied adhesive,

sealant or primer.

"As supplied" means the composition of an adhesive, sealant or primer as sold to a retail

customer. For multi-component adhesives, sealants or primers, "as supplied" means the

composition after the component parts are combined as specified by the manufacturer and before

the addition, at the user’s initiative, of any ancillary substances.

"Automotive glass adhesive primer" means an adhesive primer intended by the manufacturer to

be applied to automotive glass prior to installation of the glass using an adhesive. "Automotive

glass adhesive primer" improves the adhesion to the pinch weld and blocks ultraviolet light.

"CARB" means the California Air Resources Board.

"Ceramic tile installation adhesive" means any adhesive intended for use in the installation of

ceramic tiles.
2

"Chlorinated polyvinyl chloride welding adhesive" or "CPVC welding adhesive" means any

adhesive intended for welding of CPCV plastic pipe.

"Cleanup solvent" means a VOC-containing solvent used to remove a loosely held uncured

adhesive or sealant from a substrate or to clean equipment used in applying an adhesive, a

sealant or a primer.

"Computer diskette jacket manufacturing adhesive" means any adhesive intended by the

manufacturer to glue the fold-over flaps to the body of a vinyl computer diskette jacket.

"Contact bond adhesive" means any adhesive that forms an instantaneous, non-repositionable

bond when substrates, on which the adhesive was applied and allowed to dry, are brought

together using momentary pressure. "Contact bond adhesive" does not include rubber cements

that are primarily intended for use on paper substrates or vulcanizing fluids designed and labeled

for tire repair only.

"Cove base" means a flooring trim unit, generally made of vinyl or robber, having a concave

radius on one edge and a convex radius on the opposite edge that is used in forming a junction

between the bottom wall course and the floor or in forming an inside comer.

"Cove base installation adhesive" means any adhesive intended by the manufacturer for the

installation of cove base or wall base on a wall or vertical surface at floor level.

"Cyanoacrylate adhesive" means any single-component reactive diluent adhesive that contains at

least 85% by weight methyl, ethyl, methoxymethyl or other functional groupings of

cyanoacrylate.

"Exempt compound" means compounds of carbon excluded from the definition of"VOC" in

section 22a- 174-1 of the Regulations of Connecticut State Agencies.

"Flexible vinyl" means non-rigid polyvinyl chloride plastic with at least five percent, by weight,

plasticizer content.

"Fiberglass" means a material made of extremely fine filaments of glass.

"Indoor floor covering installation adhesive" means any adhesive intended by the manufacturer

for use in the installation of finish surface wood flooring, carpet, resilient tile, vinyl tile, vinyl

backed carpet, resilient sheet and roll or artificial grass. Adhesive used to install ceramic tile or

perimeter bonded sheet vinyl flooring is not "indoor floor covering installation adhesive."

"Laminate" means a material made by bonding two or more sheets or layers.

"Low-solids adhesive, sealant or primer" means any adhesive, sealant or primer product that

contains 120 grams or less of solids per liter of product.

"Marine deck sealant" or "marine deck sealant primer" means any sealant or sealant primer

intended by the manufacturer for application to wooden marine decks.
3

"Medical equipment manufacturing" means the manufacture of medical devices, such as, but not

limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood

oxygenators or cardiatory reservoirs.

"Metal-to-elastomer molding or.casting adhesive" means any adhesive intended by the

manufacturer to bond metal to rubber or urethane elastomers using a heated molding or casting

process in order to fabricate products.

"Multipurpose constructiop adhesive" means any adhesive intended by the manufacturer for use

in the installation or repair of various construction materials, including, but not limited to, dry

wall, subfloor, panel, fiberglass reinforced plastic, ceiling tile or acoustical tile.

"Nonmembrane roof installation or repair adhesive" means any adhesive intended by the

manufacturer for use in the installation or repair of normaembrane roofs, including, but not

limited to, plastic or asphalt roof cement, asphalt ~roof coating or cold application cement.

Adhesive intended for use in the installation of pre-fabricated single-ply roof membrane is not

"nonmembrane roof installation or repair adhesive."

"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 weather conditions during normal use.

"Panel installation" means the installation of plywood, pre-decorated hardboard (or tileboard),

fiberglass reinforced plastic, or similar pre-decorated or non-decorated panels to studs or solid

surfaces using an adhesive formulated for that purpose.

"Perimeter bonded sheet vinyl flooring installation" means the installation of sheet flooring with

vinyl backing onto a nonporous substa’ate using an adhesive designed to be applied only to a strip

no more than four inches wide around the perimeter of the sheet flooring.

"Plastic cement welding adhesive" means any adhesive intended by the manufacturer for use to

dissolve the surface of ptastic to form a bond between mating surfaces.

"Plastic cement welding primer" means any primer intended by the manufacturer for use to

prepare plastic substrates prior to bonding or welding.

"Plasticizer" means any substance, such as a high boiling point organic solvent, that is added to a

hard plastic to provide flexibility or pliability.

"Polyvinyl chloride welding adhesive" or "PVC welding adhesive" means any adhesive intended

by the manufacturer for use in the welding of PVC plastic pipe;

"Porous material" means wood, paper, corrugated paperboard or other solid that has tiny

openings, often microscopic, in which fluids may be absorbed or discharged.

"Reactive diluent" means a liquid reactant in an uncured adhesive, sealant or primer that reacts

chemically or physically during the curing process to become an integral part of the cured

adhesive, sealant or primer.
4

"Roadway sealant" means any sealant intended by the manufacturer for application to public

streets, highways and other surfaces, including, but not limited to, cm’bs, berms, driveways or

parking lots.

"Rubber" means any natural or manmade elastomer, including, but not limited to, styrenebutadiene rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated

polyethylene or ethylene propytene diene tel~oolymer.

"SCAQMD" means the South Coast Air Quality Management District, a part of the California

Air Resources Board, which is responsible for the regulation of air quality in the State of

California.

"Sealant primer" means any product intended by the manufacturer for application to a substrate,

prior to the application of a sealant, to enhance the bonding surface.

"Sealant" means any material with adhesive properties that is formulated primarily to fill, seal,

waterproof or weatherproof gaps or joints between two surfaces. Sealers and other materials that

are applied to a single substrate to protect or decorate are not "sealants."

"Sheet-applied robber installation’’ means the process of applying sheet rubber liners by hand to

metal or plastic substrates to protect the underlying substrate from corrosion or abrasion,

inclusive of the process of laminating sheet rubber to fabric by hand.

"Single-ply roof membrane" means a prefabricated single sheet of compounded synthetic

material such as ethylene propylenediene monomer, polyvinyl chloride, thermal polyolefin or

ketone ethylene ester that is applied in a single layer to a building roof.

"Single-ply roof membrane installation or repair adhesive" means any adhesive intended by the

manufacturer for use in the installation or repair of single-ply roof membrane.

"Single-ply roof membrane adhesive primer" means any primer intended by the manufacturer for

use to clean and promote adhesion of the single-ply roof membrane seams or splices prior to

bonding.

"Single-ply roof membrane sealant" means any sealant intended by the manufacturer for

application to single-ply roof membrane.

"Solvent" means any organic compounds that are used as diluents, thinners, dissolvers, viscosity

reducers, cleaning agents or other related uses.

"Structural glazing adhesive" means any adhesive intended by the manufacturer to apply glass,

ceramic, metal, stone or composite panels to exterior building frames.

"Surface preparation solvent" means a solvent used to remove dirt, oil and other contaminants

from a substrate prior to the application of a primer, adhesive or sealant.

"Thin metal laminating adhesive" means any adhesive intended by the manufacturer for use in

bonding multiple layers of metal to metal or metal to plastic, in the production of electronic or

magnetic components, in which the thickness of the bond line(s) is less than 0.25 mils.
5

"Tire repair" means a process that includes expanding a hole, tear, fissure or blemish in a tire

casing by grinding or gouging, applying adhesive and filling the hole or crevice with rubber.

"Tire retread adhesive" means any adhesive intended by the manufacturer for application to the

back ofpre-cure tread rubber and to the casing and cushion rubber. "Tire retread adhesive" may

also be used to seal buffed tire casings to prevent oxidation while the tire is being prepared for a

new tread.

"Traffic marking tape" means preformed reflective film intended by the manufacturer for

application to streets, highways and other surfaces where pavement markings are desired,

including, but not limited to, curbs, berms, driveways and parking lots.

"Traffic marking tape adhesive primer" means any primer intended by the manufacturer for

application to a substrate prior to installation of traffic marking tape.

"Twelve-month rolling aggregate" means the amount of adhesives, sealants, primers or solvents

used in a twelve-month period, calculated each month by adding the crescent month’s adhesive,

sealant, primer or solvent use to the amount used in each of the previous eleven months.

"Undersea-based weapons systems components" means the fabrication of pa~s, assembly of

parts or completed units of any portion of a missile launching system used on submarines.

"Waterproof resorcinol glue" means a two-part resorcinol-resin-based adhesive intended for

continuous water immersion.

(b) Applicability.

(1) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after January !, 2009, sells, supplies or offers for sale for use in the State of

Connecticut any adhesive, sealant, adhesive primer or sealant primer subject to a VOC content

limit in Table 44-1 of this section.

(2) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after January 1, 2009, manufactures for sale for use in the State of Connecticut any

adhesive, sealant, adhesive primer or sealant primer subject to a VOC content limit in Table 44-1

of this section.

(3) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after January 1, 2009, uses or applies within the State of Connecticut, or solicits the

use or application of within the State of Connecticut, any adhesive, sealant, adhesive primer or

sealant primer with an applicable VOC content limit in either Table 44-1 or Table 44-2 of this

section.

(c) Exemptions and exceptions.

(1) The requirements of this section shall not apply, except as otherwise noted, to the

manufacture, sale or use of the following adhesives, sealants, adhesive primers, sealant primers

or solvents:
6

Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated

in any research and development, quality assurance or analytical laboratory,

provided that records are maintained as specified in subsection (f)(4) of this

section;

(B) Adhesives or sealants that contain less than 20 grams of VOC per liter 0f adhesive

or sealant, less water and exempt compounds, as applied;

(C) Cyanoacrylate adhesives;

(D) Aerosol adhesives;

(E) Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied

by the manufacturer or supplier in containers with a net volume of 16 fluid ounces

or less, or a net weight of one pound or less, except plastic cement welding

adhesives and contact bond adhesives;

Adhesives, sealants, adhesive primers and sealant primers that are subject to a

VOC content limit in section 22a-174-40 of the Regulations of Connecticut State

Agencies;

(G). Contact bond adhesives that are sold or supplied by the manufacturer or supplier

in a container with a net volume of one gallon or less; or

Adhesives, cleanup solvents and sm’face preparation solvents used in the

assembly, repair and manufacture of submarines, when the use of a noncomplying

adhesive or solvent is necessary to meet militm2¢ performance specifications,

provided that records of the use of such noneompliant adhesives or solvents are

maintained in accordance with subsection (f)(t) of this section.

(2) The requirements of this section shall not apply to the use of adhesives, sealants, adhesive

primers, sealant primers, surface preparation solvent and cleanup solvent in the following

operations:

(a) Tim repair operations, provided the label of the adhesive states "For tire repair

only;"

(B) Assembly, repair or manufacture of undersea-based weapon systems;

(C) Assembly, repair or manufacture of aerospace components;

(D) Manufacture of medical equipment;

(E) Metal cleaning performed in accordance with section 22a- 174-20(/) of the

Regulations of Connecticut State Agencies; or

(F) Plaque laminating operations in which adhesives are used to bond clear, polyester

acetate laminate to wood with lamination equipment installed prior to July 1,
7

1992. Any person claiming exemption pursuant to this subparagraph shall record

and maintain monthly operational records sufficient to demonstrate compliance

with this exemption and in accordance with subsection (f) of this section.

(3) The provisions of this section shall not apply to the use of adhesives, sealants, adhesive

primers or sealant primers at a facility if the total VOC emissions from all adhesives, sealants,

adhesive primers and sealant primers used at the facility are less than 200 pounds, or an

equivalent volume, per any twelve-month rolling aggregate. Emissions from cold cleaning units,

vapor degreasers and aerosol products shall not be included in determining the total VOC

emissions. Any person claiming exemption pursuant to this subparagraph shall record and

maintain monthly operational records sufficient to demonstrate continued eligibility for this

exemption and in accordance with subsection (f) of this section, as applicable.

(4) The VOC content limits in Tables 44-1 and 44-2 and the requirements of subsections

(d)(7) and (d)(8) of this section shall not apply to the use of any adhesives, sealants, adhesive

primers, sealant primers, cleanup solvents and surface preparation solvents provided the total

volume of noncomplying adhesives, sealants, primers, cleanup and surface preparation solvents

applied facility-wide does not exceed 55 gallons per any twelve-month rolling aggregate. Any

person claiming exemption pursuant to this subdivision shall record and maintain monthly

operational records sufficient to demonstrate compliance with this exemption and in accordance

with subsection (f) of this section.

(5) This section shall not apply to any manufacturer or distributor who sells, supplies or

offers for sale in the State of Connecticut any adhesive, sealant, adhesive primer or sealant

primer that does not comply with the VOC content limits specified in Table 44-1 of this section

provided that such manufacturer or distributor makes and keeps records demonstrating:

The adhesive, sealant, adhesive primer or sealant primer is intended for shipment

and use outside of the State of Connecticut; and

The mamifacturer or distributor has taken reasonable precautions to assure that

the adhesive, sealant, adhesive primer or sealant primer is not distributed to or

within the State of ConnectiCut.

(6) Subdivision (5) of this subsection shall not apply to any manufacturer or distributor who

sells, supplies or offers for sale any adhesive, sealant, adhesive primer or sealant primer to a

retail outlet in the State of Connecticut.

(7) The VOC content limits of Table 44-1 of this section shall not apply to the sale of any

adhesive, sealant, adhesive primer or sealant primer to a person using add-on air pollution

control equipment to control emissions of VOC from such adhesive, sealant, adhesive primer or

sealant primer at the stationary source, if the add-on air pollution control equipment meets the

requirements of subsection (d)(6) of this section.

(8) This section shall not apply to the use of any adhesive, sealant, adhesive primer, sealant

primer, cleanup solvent or surface preparation solvent at a private residence for non-commercial

purposes.
8

(9) The requirements of this section shall not apply to any adhesive, sealant, adhesive primer,

sealant primer, cleanup solvent or surface preparation solvent that is distributed or transferred by

a branch of the United States military to, from or within a premises operated by that branch of

the United States military.

(10) The requirements of this section shall apply to the use of single-ply roof membrane

installation or repair adhesive, single-ply roof membrane sealant and single-ply roof membrane

adhesive primer on the following schedule:

(A) For the year 2009, from June 1 through August 31;

(B) For the years 2010 and 2011, from May i through September 30; and

(C) On and after January 1, 2012.

(11) The requirements of this section shall not apply to any manufacturer or distributor who

sells, supplies or offers for sale any single-ply roof membrane installation or repair adhesive,

single-ply roof membrane sealant or single-ply roof membrane adhesive primer prior to January

1, 2012.

(d) Standards.

(t) Except as provided in subsections (c) and (d)(6) of this section, on or after January 1,

2009, no person shall sell, supply or offer for sale for use in the State of Connecticut any

adhesive, sealant, adhesive primer or sealant primer manufactured on or after January 1, 2009

unless such adhesive, sealant, adhesive primer or sealant primer complies with the applicable

VOC content limits specified in Table 44-1 of this section and the applicable requirements of this

subsection.

(2) Except as provided in subsections (c) and (d)(6) of this section, on or after January 1,

2009, no person shall manufacture for sate for use in the State of Connecticut any adhesive,

sealant, adhesive primer or sealant primer unless such adhesive, sealant, adhesive primer or

sealant primer complies with the applicable VOC content limits specified in Table 44-1 of this

section and the applicable requirements of this subsection.

(3) Except as provided in subsections (c)(1) through (c)(4), (c)(7), (c)(9), (c)(10), (c)(11) and

(d)(6) of this section, on or after January 1, 2009, no person shall use or apply, or solicit the use

or application of, any adhesive, sealant, adhesive primer or sealant primer within the State of

Connecticut unless such adhesive, sealant, adhesive primer or sealant primer as applied complies

with the applicable VOC content limits specified in Table 44-1 or Table 44-2 of this section and

the applicable requirements of this subsection.

(4) For adhesives, the VOC content limits of Tables 44-1 and 44-2 of this section shall apply

as follows:

(A) Ifa person uses an adhesive ~subject to a specific VOC content limit in Table 44-1,

such specific limit shall apply, and no limit in Table 44-2 shall apply; and
9

(B) If an adhesive is not listed in Table 44-1, a Voc content limit in Table 44-2 shall

apply based on the substrate bonded by the adhesive. If an adhesive is used to

bond two different substrates together, the substrate assigned the higher VOC

content limit shall apply to such use.

(5) Any person using adhesives, sealants, adhesive primers, sealant primers, surface

preparation solvents or clean-up solvents subject to this section shall store or dispose of all

absorbent materials, such as cloth or paper, which are moistened with such adhesives, sealants,

primers or solvents, in non-absorbent containers that shall be closed except when placing

materials in or removing materials fi’om the container.

(6) A person using an adhesive, sealant, adhesive primer or sealant primer subject to this

section may comply with the VOC content limits of Tables 44-1 and 44-2 of this section using

add-on air pollution control equipment if such equipment meets the following requirements:

(A) The VOC emissions fiom the use of all adhesives, sealants, adhesive primers or

sealant primers subject to this section are reduced by an overall capture and

control efficiency of at least 85%, by weight;

(B) The combustion temperature is monitored continuously if a thermal incinerator is

operated;

(C) Inlet and exhaust gas temperatures are monitored continuously if a catalytic

incinerator is operated;

(D) The VOC concentration of the inlet and exhaust gas is measured continuously if a

carbon absorber or control device other than a thermal or catalytic incinerator is

operated; and

(E) Operational records sufficient to demonstrate compliance with the requirements

of this subdivision are maintained as required by subsection (f) of this section.

(7) Any person using a sm’face preparation solvent shall:

(A) Except as provided in subparagraph (B) of this subdivision for single-ply roofing,

limit the VOC content of surface preparation solvent used to less than 70 grams

per liter; or

(B) If a surface preparation solvent is used in applying single-ply roofing, limit the

composite vapor pressure, excluding water and exempt compounds, of the surface

preparation solvent used to less than or equal to 45 mmHg at 20 degrees Celsius.

(8) Any person using a cleanup solvent shall:

(A) Except as provided in subparagraph (B) of this subdivision, limit the composite

vapor pressm’e of a cleanup solvent to less than 45 mmHg at 20 degrees Celsius;

or
10

(B) When cleaning spray application equipmeut, perform the removal of an adhesive,

sealant, adhesive primer or sealant primer from the parts of spray application

equipment in accordance with either subparagraph (i) or (ii), as follows:

0) In an enclosed cleaning system, or equivalent cleaning system as

determined by the test method identified in subsection (e)(4) of this

section, or

(ii) Using a solvent with a VOC content less than or equal to 70 grams of

VOC per liter. As necessary, parts containing dried adhesive may be

soaked in a solvent if the composite vapor pressure of the solvent,

excluding water and exempt compounds, is less than or equal to

9.5 mmHg 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 fi’om the container.

(9) No person who applies or solicits the application of any adhesive, sealant, adhesive

primer or sealant primer subject to this section shall add solvent to such adhesive, sealant or

primer in an amount in excess of the manufacturer’s recommendation for application, if such

addition causes the adhesive, sealant or primer to exceed the applicable VOC content limit of this

section.

(e) Compliance procedures and test methods.

(1) Any person ~vho sells, supplies, offers for sale or manufactures an adhesive, sealant,

adhesive primer or sealant primer subject to this section on or after January 1, 2009 for sale in

the State of Connecticut shall possess documentation that such adhesive, sealant, adhesive primer

or sealant primer complies With the VOC content limits of Table 44-1 of this section, where the

VOC content is determined according to the requirements of subdivisions (2) and (3) of this

subsection. For single-ply roof membrane installation or repair adhesive, single-ply roof

membrane sealant and single-ply roof membrane adhesive primer, such documentation is

required on and after January 1, 2012.

(2) The VOC content (grams per liter and percent by weight) of adhesive, sealant, primer and

solvent products subject to this section, shall be determined according to the following

calculations:

For products that do not contain reactive diluents, grams of VOC per liter of

product thinned to the manufacturer’s recommendation, less water and exempt

compounds, shall be calculated according to the following equation:

Ga’ams of VOC per liter of product = l’vs- W~- I’Ve Vm - Vw- Ve

Where

weight of volatile compounds, in grams

weight of water, in grams

weight of exempt compounds, in grams

volume of product, as supplied, in liters
11

volume of water, in liters

volume of exempt compounds, in liters;

For products that contain reactive diluents, the VOC content of the product is

determined after curing. The grams of VOC per liter of product thinned to the

manufacturer’s recommendation, less water and exempt compounds, shall be

calculated according to the following equation:

Grams of VOC per liter of product = Wrs- Wrw- Wre

Vrm - Vrw - Vre

Where

Wrw=

gO.e=

V,~.m =

Vrw=

weight of volatile compounds not consumed during curing, in

grams

weight of water not consumed during curing, in grams

weight of exempt compounds not consumed during curing, in

grams

volume of product, as supplied, not consumed during curing, in

liters

volume of water not consumed during cm’ing, in liters

volume of exempt compounds not consumed during curing, in

liters;

(c) Grams of VOC per liter of product thinned to the manufacturer’s reconmlendation

shall be calculated according to the following equation:

Grams of VOC per liter of product = Ws - Ww - We

gm

Where

Ws

Ww =

We =

Vm

weight of volatile compounds, in grams

weight of water, in grams

weight of exempt compounds, in grams

volume of product, in liters; and

(D) Percent VOC by weight shall be calculated according to the following equation: .

% VOC by weight = [(Wv / W)] x 100

Where

Wv

W

weight of VOCs in grams

weight of product in grams

(3) The following procedures shall be used to determine the propex~ies of the specified

adhesives, sealants, primers, solvents or components thereof in order to perform the calculations

required pursuant to subdivision (2) of this subsection or to verify calculations based on

formulation data:
12

(A)

(B)

(C)

(D)

Except as provided in subparagraphs (C), (D) mad (E) of this subdivision, the

VOC and solids content of all adhesives, adhesive primers, sealants, sealant

primers, sm’face preparation solvents and cleanup solvents shall be determined

using 40 CFR 60, Appendix A, Reference Method 24, or SCAQMD Method 304;

The volatile organic content of exempt organic compounds shall be detetanined

using ASTM D4457-02 or the most current version of such test, as applicable;

The VOC content of any plastic welding cement adhesive or primer shall be

determined using SCAQMD Method 316A;

The amount of reactive diluent in a product shall be determined using SCAQMD

Method 316A;

The composite vapor pressure of volatile organic compounds in surface

preparation solvents and cleanup solvents shall be determined by quantifying the

amount of each compound in the blend using gas chromatographic analysis

(ASTM E260-96(2006) or the most current version of such test) for organics and

ASTM D3792-05 or the most current version of such test, for water content, as

applicable, and the following equation:

Ppc =

n

[ ~ (Wi)(Vpi) / Mwi ] / [ (Ww/Mww) + ~ (We / Mwe) + ~ (Wi / Mwi) ]

i =1 i =1 i =1

Where

Ppc = VOC composite partial pressure at 20 degrees C, in mmHg

Wi = Weight of the "i"th VOC compound, in grams, as determined by ASTM

E260-96(2006) or the most current version of such test

Vpi = Vapor pressure of the "i"th VOC compound at 20 degrees C, in mmHg, as

determined by subpm’agraph (F) of this subdivision

Mwi = Molecular weight of the "i"th VOC compound, in grams per g-mole, as

given in chemical reference literature

Ww = Weight of water, in granas as determined by ASTM D3792-05 or the most

current version of such test

Mww = Molecular weight of water, 18 grams per g-mole

We = Weight of the ’T’th exempt compound, in grams, as determined bY

ASTM E260-96(2006) or the most current version of such test

Mwe = Molecular weight of the "i"th exempt compound, in grams per g-mole, as

given in chemical reference literature
13

The vapor pressure of each single component compound may be determined from

ASTM D2879-97(2007), or the most current version of such test, or may be

obtained from any of the following sources:

The most recent edition of The Vapor Pressure of Pm’e Substances,

Boublik, Fried, and Hala, eds., Elsevier Scientific Publishing Company,

New York,

(ii) The most recent edition of Perry’s Chemical Engineer’s Handbook,

McGraw-Hill Book Conrpany,

(iii) The most recent edition of CRC Handbook of ChemisO’y and Physics,

Chemical Rubber Publishing Company,

The most recent edition of Lange’s Handbook of ChemisOy, John Dean,

editor, McGraw-Hill Book Company, or

(v) Additional sources approved for this purpose by the Commissioner.

(4) The active and passive solvent losses from spray gun cleaning systems shall be

determined using SCAQMD’s "General Test Method for Determining Solvent Losses fi’om Spray

Gun Cleaning Systems," dated October 3, 1989. The test solvent for this determination shall be

any lacquer thimler with a minimum vapor pressure of 105 mm of rig at 20 degrees Celsius, and

the minimum test temperature shall be 15 degrees Celsius.

(5) Control device efficiency shall be measured in accordance with 40 CFR 60 Appendix A,

Reference Methods 18, 25, 25A and 25B or CARB Method 100.

(6) If the organization responsible for preparing any reference or test method identified in

this subsection replaces that method with an equivalent method, then either the identified method

or its replacement may be used for the purposes of this section.

(f) Record keeping and reporting requirements.

(1) Except as provided in subsection (c)(8) of this section, or except if add-on air pollution

control equipment is used to comply with the VOC content limits of Tables 44-1 or 44-2 of this

section, as provided in subsection (d)(6) of this section, and records are maintained as required in

subsection (f)(2) of this section, each person subject to this section shall maintain records of the

information necessary and sufficient for the Commissioner to determine compliance with the

applicable requirements of this section. Such information may include:

A list of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent

and surface preparation solvent in use and in storage;

Identification of each adhesive, sealant, adhesive primer, sealant primer, cleanup

solvent and surface preparation solvent by product name and description;

(c) The VOC content of each adhesive, sealant, adhesive primer, sealant primer,

cleanup solvent and surface preparation ~olvent product as supplied;
14

(D) The mix ratio of any catalysts, reducers or other components used;

The final VOC content or vapor pressure of each adhesive, sealant, adhesive

primer, sealant primer, cleanup solvent and surface preparation solvent, as

applied; or

The monthly volume of each adhesive, sealant, adhesive primer, sealant primer,

cleanup solvent or surface preparation solvent used.

(2) Any person who complies with the VOC content limits of Table 44-1 or Table 44-2 of

this section through the use of add-on air polluflon control equipment shall record the key

operating parameters for the control equipment, including but not limited to, the following

information:

(A) The volume used per day of each adhesive, sealant, adhesive primer, sealant

primer or solvent that is subject to a VOC content limit in Table 44-1 or

Table 44-2 of this section and that exceeds such a limit;

(B) On a daily basis, the combustion temperature, inlet and exhaust gas temperatures

and control device efficiency, as appropriate, pursuant to subsection (d)(6) of this

section;

(C) Daily hours of control equipment operation;

(D) All maintenance performed on control equipment including the date and type of

maintenance; and

Records documenting that such equipment is operated in compliance with the

control and capture efficiency requirement of subsection (d)(6) of this section.

(3) All records made to determine compliance with this section shall be maintained on the

premises for five years from the date such record is created and shall be made available.to the

Commissioner within 90 days of a request.

(4) For adhesives, sealants, adhesive primers and sealant primers subject to the laboratory

testing exemption of subsection (c)(1)(A) of this section, the person conducting the testing shall

make and maintain records of all such adhesives, sealants, primers and solvents used in the

preparation or evaluation process, including, as appropriate, the product name, manufacturer and

description.

(5) Upon written notice, the Commissioner may require any person subject to this section to

report information sufficient to determine compliance with the applicable requirements of this

section.

(6) Any document submitted to the Commissioner pursuant to this section shall include a

certification signed by an individual identified in section 22a-174-2a(a)(1) of the Regulations of

Connecticut State Agencies, and by the individual or individuals responsible for actually

preparing such document, each of whom shall examine and be familiar with the information
15

submitted in the document and all attachments thereto, and shall make inquiry of those

individuals responsible for obtaining the information to determine that the information is true,

accurate, and complete, and each of whom shall certify in writing as follows:

"I have personally examined and am familiar with the itfformation submitted in this

document and all attachments thereto, and I certify that based on reasonable

investigation, including my inquiry of those individuals responsible for obtaining the

information, the submitted information is true, accurate and complete to the best of my

knowledge and belief. I understand that any false statement made in the submitted

information may be punishable as a criminal offense under section 22a-175 of the

Connecticut General Statutes, under section 53a-157b of the Connecticut General

Statutes, and in accordance with any applicable statute."

(g) Container labeling.

(1) As of Jauuary 1, 2009, each manufacturer of an adhesive, sealant, adhesive primer or

sealant primer subject to a VOC content limit in Table 44-1 of this section shall display the

following information on the container or label for such adhesive, sealant, adhesive primer or

sealant primer:

(A) The category name of the woduct;

(B) A statement of the manufacturer’s recommendation regarding thinning, reducing

or mixing, where:

(i) A statement is not required for thinning, reducing or mixing with water,

and

(ii) If thinning prior to use is not necessary, the recommendation shall specify

that the product is to be applied as supplied;

(c) The maximum or the actual VOC content as supplied, displayed in grams of VOC

per liter of product; and

(D) The maximum or the actual VOC content as applied in accordance with the

manufactm’er’s recommendation regarding thinning, reducing or mixing,

displayed in grams of VOC per liter of applied product.

(2) The VOC content of an adhesive, sealant, adhesive primer or sealant primer shall be

calculated using the manufacturer’s formulation data or determined using the calculations,

procedures and test methods in subsection (e) of this section.

(3) Any person applying an adhesive, sealant, adhesive primer or sealant primer subject to a

VOC content limit in Tables 44-1 or 44-2 of this section may rely on the manufacturer’s

representation on the container or label, if such product is applied as recommended for a use

specified on the container or label.
16

Table 44-1. As Applied VOC Content Limits for Adhesives, Sealants, Adhesive Primers and Sealant Primers

Adhesive, sealant, adhesive primer or As applied VOC Date oa which standard applies

sealant primer category content limit

(g VOC/L)

Adhesives

ABS welding 400 January 1, 2009

Ceramic tile installation 130 January 1, 2009

Computer diskette jacket manufactaring 850 January 1, 2009

Contact bond 250 January 1, 2009

Cove base installation 150 January 1, 2009

CPVC welding 490 January 1, 2009

Indoor floor covering installation 150 January 1, 2009

Metal-to-elastomer molding or casting 850 January 1, 2009

Multipurpose construction 200 January 1, 2009

Nonmembrane roof installation or repair 300 January 1, 2009

Plastic cement welding 510 January 1, 2009

Outdoor floor covering installation 250 January 1, 2009

PVC welding 510 January 1, 2009

Single-ply roof membrane installation or 250 For 2009: June 1 through August 31;

repair For 2010 & 2011: May 1 through

September 30; and

On and after January 1, 2012.

Slructural glazing 100 January 1, 2009

Thin metal laminating 780 January 1, 2009

Tire retread 100  ̄ January 1, 2009

Perimeter bonded sheet viuyl flooring 660 January 1, 2009

installation

Waterproofresorcinol glue 170 January 1, 2009

Sheet-applied rubber installation 850 January 1, 2009

Sealants

Architectural 250 January 1, 2009

Marine deck 760 January 1, 2009

Nonmembrane roof installation or repair 300 January 1, 2009

Roadway 250 January 1, 2009

Single-ply roof membrane 450 For 2009: June 1 through August 31;

For2010 &2011: May 1 through

September 30; and

On and alter January 1, 2012.

Other 420 January 1, 2009

Adhesive primers

Automotive glass 700 January 1, 2009

Plastic cement welding 650 JanuaW 1, 2009

Single-ply roof membrane 250 For 2009: June 1 through August 3 I;

For 2010 & 2011: May 1 through

September 30; and

On and alter January 1, 2012.

Traffic marking tape 150 January 1, 2009

Other 250 January 1, 2009

Sealant primers

Non-porous architectural 250 January 1, 2009

Porous architectural 775 January 1, 2009

Marine deck 760 January 1, 2009

Other 750 January 1, 2009
17

Table 44-2. As Applied VOC Content Limits for Adhesives Applied to the Listed Substrate

Substrate As applied VOC content

limit

(grams VOC per liter)

Flexiblevinyl 250

Fiberglass 200

Metal 3O

Porous material 120

Rubber 250

Other substrates 250

Statement of Purpose: This new section of the air quality regulations limits emissions of

volatile organic compounds (VOCs) from adhesives, sealants and primers. This section achieves

VOC reductions through two basic components: sale and manufacture restrictions that limit the

VOC content of specified adhesives, sealants and primers sold in the state; and use restrictions

that, in general, apply to commercial/industrial operations such as wood product manufacturers,

upholstm~ shops, adhesives retailers and architectural trades, such as building construction, floor

covering installation and roof repair. By reducing the availability of higher VOC content

adhesives and sealants within the state, the sales prohibition is also intended to address adhesive

and sealant usage at area sources. In addition to the VOC content limits and use requirements,

this section includes requirements for cleanup and preparation solvents and a compliance

alternative in the form of add-on air pollution control equipment.

This section is based on a model role of the Ozone Transport Commission, which is, in turn,

based on a reasonably available control technology determination prepared by the California Air

Resources Board (CARB) in t998. In the years 1998-2001, the provisions of the CARB

determination were adopted in regulatory form in various air pollution control districts in

California.

The associated emissions reductions, which are estimated to be nearly 4 tons per summer day,

will support attaimnent of the 1997 and 2008 national ambient air quality standards for ozone.

STATE OF CONNECTICUT

DEPARTMENT OF ENVIRONMENTAL PROTECTION

HEARING REPORT

Prepared Pursuant to Section 4-168(d) of the

Connecticut General Statutes and

Section 22a-3a-3(d)(5) of the Department of Environmental Protection Rules of Practice

Regarding the

Adoption of Section 22a-174-44 of the

Regulations of Connecticut State Agencies

Adhesives and Sealants

Hearing Officers:

Merrily A. Gere

Anne B. Hulick

Date of Hearing: October 16, 2007

On August 13, 2007, the Commissioner of the Department of Envirormaental Protection

(Commissioner and Department, respectively) signed a notice of intent to adopt section 22a-174-

44 (Section 44) of the Regulations 0f Connecticut State Agencies (RCSA). Pursuant to such

notice, a public hearing was held on October 16, 2007, with the public comment period closing

on October 19, 2007. The proposal is intended to create ozone precursor emissions reductions to

assist the state to attain and maintain the national ambient air quality standard for 8-hour ozone.

I. Hearing Report Content

As required by section 4-168(d) of the Connecticut General Statutes (CGS), this repo(t describes

the proposal; the principal reasons in suppol~ of and in opposition to the proposal; and

summarizes and responds to all comments on the proposal. A final recommended version of the

text, inclusive of any changes made in response to comment, is also provided.

A statement in satisfaction of CGS section 22a-6(h) is included as Attachment 1.

II. Summary of the Proposal

Section 44 limits emissions of volatile organic compounds (VOC) fi’om adhesives, sealants and

primers. This section achieves VOC reductions through two basic components: sale and

manufacture restrictions that limit the VOC content of specified adhesives, sealants and primers

sold in the state; and use restrictions that apply primarily to commerciaVindustrial operations.

As VOC are ground-level ozone precursors, reductions in VOC emissions will assist the state to

demonstrate attainment of the federal 8-hour ozone national ambient air quality standard

(NAAQS), as required by the Clean Air Act. Although currently mandated contt’ols will achieve

significant emissions reductions over the next five to ten years, ozone precursor emission

reductions beyond current requirements will be necessm’y to maintain the 8-hour ozone NAAQS.

Thus, following adoption, Section 44 will be submitted to the U.S. Environmental Protection

(Printed on Recycled Paper)

79 Elm Street  ̄ Hartford, CT 06106-5127

An Equal Opportunity Employer
2

Agency (EPA) in fulfillment of a written cormnitment included in the Department’s 8-hour

ozone NAAQS attainnaent demonstration.1

Section 44 results from efforts of a workgroup composed of state air quality regulators and

coordinated by the Ozone Transport Commission (OTC). The goal of the workgroup was the

preparation of materials for use by each state to meet its 8-hour ozone NAAQS attainment

planning obligations. These materials include model rules to regulate products and activities to

reduce ozone precursor emissions. One such model rule, the OTC Model Rule for Adhesives

and Sealants (OTC Model Rule), forms the basis of this proposal. The OTC Model Rule is based

on the requirements of a reasonably available control technology determination prepared by the

California Air Resources Board (CAP, B) in 1998. The provisions of the CARB determination

have been adopted in regulatory form in various air pollution control districts in California. The

Conmlissioner, via signature on resolutions and memorandums of understanding, committed

with other states in the OTC to seek adoption of a state regulation based on the OTC Model

Rule. G!ven this foregoing process, consistency with the requirements of the OTC Model Rule

was a factor guiding the development of Section 44.

In addition to assisting in ozone attainment planning efforts, proposed Section 44 is consistent

with a 2006 environmental initiative of the Department, which focuses on assisting individuals

and organizations to decrease their "environmental footprint." Adoption of Section 44 will

require some manufacturers of regulated adhesives, sealants and primers to reformulate to reduce

the VOC content. Thus, consumers will be able to reduce their environmental impact while

continuing to purchase and use customary adhesive and sealant products.

The text of proposed Section 44 is located in Attachment 2 to this report.

III. Principal Considerations in Opposition to the Proposal

The National Paint and Coatings Association (NPCA) opposes adoption of Section 44 as a

burden to industry, particularly for industry source categories that are subject to federal standards

for hazardous air pollutants.

Much conmaent on the proposal objects to the level and timing of the standards for single-ply

roof membrane adhesives, adhesive primers and sealants. The impact of the Connecticut

climate, which is cooler on average than that of the districts in California where the standards are

now in effect, on single-ply roofing adhesive application and long-term roof performance and

durability is questioned.

A detailed discussion of all comments and responses is set out in the next section of this report.

IV. Summary of Comments

All comments submitted are summarized below with the Depm~ment’s responses. The comments

are divided in two subsections: the first subsection identifies and responds to concerns with the

proposed VOC content standards for adhesives, sealants and primers used in single-ply roofing

applications, and the second subsection identifies and responds to all other concerns.

See Section 4 of the attainment demonstration at:

http://www.ct.gov/dep/c~vp/view.asp?a-2684&q=385886
3

Commenters are identified by number in this section and are identified fully at the corresponding

number in the list that is Attachment 3 to this report. When changes to the proposed text are

indicated in response to comment, new text is in bold font and deleted text is in strikethrough

font.

The final regulation maintains consistency as appropriate with the OTC Model Rule, differing in

respects better to align the proposal ~vith the Department’s policies or in response to new

technical information presented in the hearing process. These differences from the OTC Model

Rule are created to further the Department’s environmental goals but with attention to regional

consistency. The Department also remains aware of the rule adoption processes in other OTC

states and has shared technical information and discussed Model Rule revisions with staff in

these states.

Beyond achieving the VOC emissions reductions that are the primary pro’pose of this proposal,

the responses to these corrmaents, particularly concerning single-ply roofing application, are

guided by the importance of regulatory requirements that support other Department initiatives

such as energy efficient building construction and solid waste reduction.

Single-Ply Roofing

This section.of the report responds to timely corrmrent submitted concerning single-ply roo}

membrane application products as well as a series of recommendations submitted by the EPDM

Roofing Association at the Department’s request following the close of the comment period.

Comment 1: Definition of "single-ply roof membrane." The definition for "single-ply roof

membrane" should be expanded, as follows, to include all types of single-ply roof membrane

material rather than only those made of rubber:

"Single-ply roof membrane" means a prefabricated single sheet of compounded synthetic

material. Single-ply membranes fall into one of three categories, thermosets that include

rubber membranes (EPDM), thermoplastics that include TPO, PVC and KEE membranes

and modified bitumen membranes. [4]

Response: The Department agrees that the definition of"single-ply roof membrane" is

intended to include all single-ply roof membrane materials including ethylene

propylenediene monomer (EPDM), polyvinyl chloride, thermal polyolefin and ketone

ethylene ester. While EPDM (aka rubber) is the most commonly used single-ply roof

membrane material in Connecticut now, the use of thermoplastic membranes is

increasing as architects, specifiers and contractors recognize that these other materials

offer performance qualities similar to EPDM plus additional benefits such as superior

heat island reduction and energy savings.2

Modified bitumen roof material is generally not considered a single-ply roof material

and, therefore, should not be included in the definition of single-ply membranes.

In response to this comment, the Department should revise the proposed definition of

"single-ply roof membrane" in Section 44(a), as follows:

2 US EPA. Co~l roof product information, http://www.epa.gov/hiri/strategies/level3_roofproducts.html
4

"Single-ply roof membrane" means a prefabricated single sheet

, compounded synthetic material

such as ethylene propylenediene monomer, polyvinyl chloride, thermal

polyolefin or ketone ethylene ester, that is applied in a single layer to a building

roof.

Comment 2: Limited commercial availability. Two commenters expressed concern that there

is a lack of compliant, commercially available adhesives, sealants and primers for use on singleply roof membranes. [3,5]

Response: Various air quality districts in California adopted the CARB

recommendations for low-VOC adhesives and sealants, in some cases nearly ten years

ago. As a result of such district rules, low-VOC bonding adhesives for roofing are not

only available but dominate the market in California. However, the Department

acknowledges that California is the only region of the country where low-VOC roofing

adhesives dominate, and change in other markets such as the Northeast does require

time.3 The Department believes the best incentive to increase the number of

commercially available low-VOC single-ply roof bonding products is the multi-state

promulgation of regulations requiring the sale and use of such products. To that end, the

Department is proceeding to seek adoption of Section 44 in a form that will meet the

Department’s air quality needs and serve to bolster the adoption of very similar

requirements in surrounding states.

See the Department’s response to comment 6 for additional responsive text and a

recommended change to the final draft of Section 44 that takes into account the concern

expressed in this comment.

Comment 3: Efficacy of low-VOC roof bonding adhesives in the Northeast. One

commenter expressed concern that high solvent levels are necessary to allow for adhesion,

particularly in conditions characteristic of Connecticut, such as cold temperatures and long-term

exposure to high winds. [4]

Resl~onse: As noted in the summary in Section II of this report, the OTC Model Rule

was wimarily based on analysis and recommendations of CARB and on rules adopted in

several California air districts, California’s experience provides no indication that a high

solvent level - which implies a high VOC content - is necessary for roof adhesion in cold

temperatures. Furthermore, the OTC states, along with the OTC’s technical contractor,

reviewed the technological basis for the implementation of the rule and the associated

reductions in emissions. The OTC Model Rule was developed with feedback from states

as well as stakeholders received at OTC public meetings.4 No infmanation was provided

by industry to substantiate concerns that the VOC limits were too low to allow effective

performance in the average climate conditions ot~the northeastern United States. This

lack of supportive data, coupled with the continued Nessures on states to meet both state

Hoff, J. "The Low-Slope Commercial Roofing Industry in the Northeast United States and the Ozone

Transport Commission Model Rule for Adhesives and Sealants: A Study of Risks and Options for Effective

Implementation" Dec. 12, 2007: 12, on file with the CT Department of Environmental Protection. Hereinafter

referred to as the HoffReport. 4 See "Questions and Comments" in Response to Air Quality Control Advisory CounciI (AQCAC) Meeting of

September 10, 2007, Maryland, on file with the CT. Department of Environmental Protection.
and federal ozone standards, led the OTC workgroup to maintain the standards at the

level recommended by CARB and adopted in certain California air quality districts.

The Department is aware of at least one single-ply roof adhesive that is available in

Connecticut now and that is recommended for use in temperatures below 40°F. While

additional procedures may be necessary to store and use low-VOC or water-based  ̄

adhesives, such adhesives can be used successfully and PrOvide adhesion comparable to

higher VOC adhesives.

The Department should not revise Section 44 in response to this comment. See the

responses to comraents 4 through 6 for a final recommendation concerning Section 44

and additional justification for the Depm’tment’s final recommendation.

Comment 4: Roof performance and durability. Several commenters expressed a lack of

confidence in the overall performance and durability of low-slope roofs applied with low-VOC

adhesives during cold temperatures. Poor adhesive performance would increase roof failure,

require more frequent replacement and have a negative impact on the environment as a result of

an increase in roofing material in landfills. [4,5,6,7,9]

Response: As explained in the response to comment 3, concerns regarding potential

durability issues with compliant roofing adhesives were raised during the OTC Model

Rule development. As the OTC states did not receive from commenters any

substantiating data indicating performance problems, the standards for that category were

retained in the OTC Model Rule.

The Department is aware that cold temperatures increase the flash-offfime to bonding;

that there are currently a limited number of low-VOC roof bonding adhesive products

that may be applied successfully in cold weather; and that extra procedures may be

required for successful roof installations on colder days. Such additional cold weather

application procedures are not unique to low-VOC adhesives, since higher VOC content

adhesives may gel if stored or used at temperatures less than 40°F. Particular

combinations of temperature and humidity may require roof applications to be delayed or

rescheduled. However, once bonding occurs using an adhesive applied as reconnnended

by the manufacturer, there is no evidence that subsequent periods of low temperature

destroy such a properly bonded surface. Although California temperatures tend to be

warmer, in general, than those in Connecticut, the experience of the Sacramento Air

Quality Management District is informative. The Sacramento Air Quality Management

District has a history of record low temperatures below 40°F during eight months of the

year and experiences an average low of 40°F during December and 4 t °F during January.S

This District adopted a regulation similar to Section 44 in 1998. The Department is

unaware of any increases in performance problems or of reduced roof durability

associated with roof membranes that may have been applied on low temperature days in

Sacramento.

s Sacramento average/record temperatures:

http://www.weather.c~rn/weather/wxc~imat~/m~nth~/~raph/USCA~968?fx~m=search
6

In addition, the transition recommended in the response to comment 6 will work to

resolve the performance concerns as appliers and specifiers become comfortable with the

use of low-VOC and water-based adhesive products, and manufacturers and distributors

increase the number and variety of compliant product lines available in Connecticut.

Therefore, the Department should not revise Section 44 in response to this comment.

Comment 5:. Recommendations from EPDM Roofing Association. At the request of the

Department for additional technical information concerning the expressed concerns of the singleply roofing industry, EPDM Roofing Association submitted a study of the risks to the

commercial roofing industry and options for effective implementation of the OTC Model Rule in

the Northeast states. Embedded in that study are fore’ recommended revisions to Section 44,

which EPDM Roofing Association based on the information reported. The study’s

recommendations and the Depm~maent’s responses to each are as follows:

Recommendation A: The proposed VOC content limitations for single-ply roofing

adhesives, sealants and primers should apply only during the ozone season, i.e., from

May 1 thi’ough September 30, of any year. This approach is consistent with that of the

Department in the proposed revision to RCSA section 22a-174-20(k) for asphalt paving,

and the administrative provisions of that amendment should also be included in Section

44.

EPDM Roofing Association arrives at this recommendation based on both the need for

user training, set out more fully in Recommendation B, and to provide additional time for

the marketing in the Northeast of more single-ply roof bonding products that meet the

proposed VOC content limit.

Recommendation B: In addition to a permanent ozone season limitation on the VOC

content limits for single-ply roofing adhesives, sealants and primers, the Department

should provide a transitional period during which the application of the such standards is

further limited, as follows:

Year

2009

2010

2011 and a~er

Apply Single-Ply Roofing Product Standards in

These Months

July through August

June through September

May through September

EPDM Roofing Association justifies the need for the transitional period to ~rovide time

for commercial installers to be trained in the use of the low-VOC products. Cm~cently,

high-VOC bonding adhesives for single-ply roofing membranes dominate the market in

the Northeast. As a result, there has been virtually no training in the application of lowVOC products outside of California, where the low-VOC products dominate the market

as a result of the adoption of air quality rules in many of the California air quality

management districts. An abrupt change to low-VOC products in the Northeast will

cause an increased risk of liability to the construction industry for roof failures.

Recommendation C: The final rule should include provisions to allow the use ofhighVOC single-ply roofing adhesives, sealants and primers on low temperature days in the

month of May, provided that appropriate records of such use are maintained.
7

 ̄ Recommendation D: The Department should encourage the development of more lowVOC roof bonding products and ultimately help the industry reach a goal of virtual

elimination of VOC. [7]

Resi~onse: In response to each recommendation, the Department notes the following:

 ̄ Recommendation A: Connecticut is required to attain the federal 8-hour ozone NAAQS

by 2010. Connecticut committed to other states in the region and to EPA to implement a

regulation to reduce the VOC content of adhesives, sealants and primers. Regional

modeling to support NAAQS attainment included reductions in VOC emissions from

adhesives and sealants in all states in the region. While the reductions created by Section

44 are annual, reductions are most crucial in the summer months when ozone levels

typically exceed national standards on the hottest days; for air quality purposes, the

- period from May 1 to September 30 is called the "ozone. season," and many control

strategies are focused on these months. Also contributing to the high ozone levels

experienced on the hottest days of surmner are increased emissions from electricity

production. The hottest days of summer are also the highest electricity demand days

experienced in the Northeast states, requiring that high-emitting peaking and emergency

generators operate to meet the demand.

Thus, while the Department may temporarily limit the application of low-VOC standards

for the single-ply roofing industry to only the summer months and achieve important air

quality benefits, the application of the standards for only a few months of each year is not

as meaningful from an air regulatory perspective as an annual standard and may

jeopardize EPA’s approval of the Department’s 8-hour ozone attainment plan and the

Department’s ability to create federally mandated reductions, not only in Connecticut but

in the larger Northeast region. Meeting commitments to reduce ozone precursors has

elevated importance now given EPA’s March 12, 2008 decision to revise the ozone

NAAQS, which will likely re@re the State to adopt additional control measures.

As explained in the response to comment 6, the Department should revise Section 44 to

require seasonal single-ply roof bonding product standards for the initial three years

following rule adoption and add a three-year extension on the sale and manufacture

restrictions for single-ply roof application products. This phase-in will allow for 8-hour

ozone attainment needs, provide additional time for applier training and allow the

introduction of more low-VOC roof application products in the Connecticut and ~vider

Northeast markets.

Recommendation B: As explained in the responses to Recommendation A and

comment 6, the Department should allow a three-year transition period (2009-2011),

during which the proposed VOC content standards for single-ply roofing adhesives,

sealants and primers are required only during certain summer months. Beginning

January 1, 2012, the standards shall apply at all times. This transitional time provides

necessary VOC emissions reductions in the crucial summer months, while taking into

account the need for additional roofing industry training and providing an opportunity for

manufacturers and distributors to increase the number of low-VOC roof bonding products

available in the Northeast.

Recommendation C: Given the commercial availability now of at least one single-ply

roof bonding adhesive that meets the proposed VOC content limit and that bonds

effectively in temperatures below 40°F and a likely increase in the number of such

compliant adhesives in the near telxn, the Department should not implement the
recommended change. Such a change would reduce the emissions reductions obtained

from the rule, complicate enforcement and decrease the incentive for the release of

additional, effective products.

Recommendation D: The Department believes the best incentive to increase the number

of commercially available low-VOC single-ply roof bonding products is the multi-state

promulgation of regulations requiring the sale and use of such products. To that end, the

Department is proceeding to seek adoption of Section 44 in a form that will meet the

Department’s air quality needs and serve to bolster the adoption of very similar

requirements in surrounding states.

Comment 6: Impact on the roofing industry. Several commenters expressed concern that the

compliant products currently available have application restrictions, which limit product use

when temperatures are equal to or less than 40°F. Such temperature restrictions were not

addressed by CARB, nor" were such restrictions concerns in the California air districts that

adopted regulations since warmer, average annual temperatures predominate in California.

Given the year-round nature of roof assembly and repair in Connecticut, these application

restrictions will substantially impact the roofing industry, possibly limit construction projects in

general, and thereby have a significant, negative economic impact on the state. [4,5,6,7,9]

An underlying concern of the roofing contractors is an increased risk of compromised roofing

installations and roofing-related construction litigation. [7]

Res!~onse: As stated earlier in this report, the primary purpose of Section 44 is to reduce

emissions of VOC, an ozone precursor, to assist the state to attain the federal 8-hour

ozone NAAQS. One roofing industry estimate puts single-ply roof membrane bonding

adhesive use in Connecticut at approximately 200,000 gallons annually.6 Such adhesive

contains, on average, 600g/L of VOC -- significantly higher than the proposed VOC

content limit of 250g/L. If all of the VOC within these single-ply roofing adhesives

volatized into the atmosphere, these adhesives would generate approximately 573 tons of

VOC in Connecticut each year] As Section 44 is projected to reduce emissions from all

regulated adhesives and sealants by 4.2 tons per summer day, the VOC emissions

reductions fi’om single-ply roofing adhesive, primer and sealant standards are a

potentially significant portion - perhaps 25% - of the total emissions reductions fi’om

Section 44.8

The Department is committed to adopting a regulation based on the OTC Model Rule in a

form that will preserve the expected air quality improvements. Further, the Department

disagrees with the comment concerning the level of negative impact Section 44 will have

on commercial construction in Connecticut. Single-ply roof membrane installation can

be accomplished by fully adhering the membrane to the substrate, by using mechanical

fasteners and by using ballast stones. In Connecticut, the preferred method of installation

6 HoffReport at 12. 7 HoffReport at 12.

s The exact level of the emissions reductions of Section 44 attributed to reductions in roof bonding products

is difficult to determine as they depend on cycles in the constla~ction industry, seasonal differences in construction

and actual amounts ofVOC volatized. Further, the contributions fi’om all the adhesives and sealants regulated in

Section 44 has not been separated according to single products or product categories. The regional inventory that

forms the basis for the OTC’s emissions reductions and Connecticut’s stationary source/area source inventory are

developed using top-down national estimates of totaI industrial adhesive use, allocated to states based on population

or industrial activity levels. There is no information to provide a verifiable breakdown by subcategories.
9

of single-ply roof membranes is to adhere them, as this method is highly resistant to

wind, water and dimensional changes.9 Ballasting is not commonplace in Connecticut

due to the lack of suitable ballast stones. Mechanically attaching the membrane with

fasteners, though used in other cold-weather states, has not been standard practice in

Connecticut. Thus, adoption of the proposed rule would limit the roofing industry,

during cold weather, to three realistic options in Connecticut: use of an available

compliant adhesive that adheres without application restrictions when ambient

temperatures are at and below 40°F; use of modified bitumen (not a single-ply roofing

method) with cold adhesives; or mechanically fastening the roofing membrane.

The Department recognizes the majority of compliant adhesives now available in

Connecticut have temperature restrictions that limit application in cold temperatures. The

Department also understands that the number of roof bonding adhesives that adhere at

low temperatures with a VOC content that meets the proposed limits is expected to

increase in the near future. However, in the summer months when ozone formation is of

particular concern, temperatures are generally suitable for the use of a number of

currently available roof bonding adhesives that have a VOC content at or below the

standard proposed in Section 44.I°

To maintain the integrity of the Department’s air quality goals while taking into account

the need for construction worker training (see comment 5 and response) and the limited

number of compliant roofing adhesives now marketed in Connecticut, the Department

should revise Section 44 to allow a limited phase-in of the single-ply roof membrane

application product standards. That phase-in should begin in 2009, when the Department

should require the use of single-ply roof adhesives and primers with a VOC content less

than or equal to 250 g/L (or 450 g/L in the case of single-ply roof membrane sealants)

from June 1 through August 31. In 2010 and 2011, the Department should extend the

compliance period to the length of the ozone season (May 1 through September 30).

Begilming January 1, 2012, the 250 g/L VOC content limit for the single-ply roof

membrane adhesives and primers (450 g/L in the case of single-ply roof membrane

sealants) should apply throughout each year.

The three-year phase-in period will allow the Department to achieve necessary reductions

in VOC emissions in the critical summer months while providing additional time for the

widespread distribution of low-VOC roof bonding products in the Northeast market and

for the construction indust~¢ to appreciate the performance characteristics of low-VOC

roof application products. Once appliers have become accustomed to any differences in

application techniques, workers may even find the low- and no-VOC products preferable

in te~rns of cleanup, and, in some cases, the products may reduce potential exposure to

toxic air emissions; many VOC are also considered toxic compounds, so reductions in

VOC may produce reductions in toxic compounds.

See Steve Hardy and Mark Boulay, "Making Sense of Single-Ply Roofmg" Architectural Record, p. 8. (January

2000).

HoffReport at 15. See also Weather Channel website at

http://www~weather.c~rrdweather/wxc~imat~g¥/m~nth~¥/grap~USCA~968?fr~m=search The month of May has

an average low temperature of 48°F and average high temperature of 70°F. September has an average low

temperature of 51 °F and average high temperature of 71 °F,
10

Section 44 also restricts the sale and manufacture of non-compliant adhesives, sealants

and primers. Those sale and manufacture restrictions should be delayed until Janum~¢ 1,

2012 for the single-ply roof membrane application products. However, the Department

notes that prudent manufacturers, sellers and distributors will begin now to increase their

inventory of low-VOC roof application products and decrease the inventory of noncompliant products.

The identified language in subsections (c), (d) and (e) and in Table 44-1 should be

revised to implement the temporary ozone-season only standards and delay in the sales

and manufacture restrictions for single-ply roof application products, as follows:

Subsection (c), addition of new subdivisions (10) and (11)

(10) The requirements of this section shall apply to the use of single-ply roof

membrane installation or repair adhesive, single-ply roof membrane sealant and

single-ply roof membrane adhesive primer on the following schedule:

(A) For the year 2009, from June i through August 31;

(B) For the years 2010 and 2011, from May i through September 30; and

(C) On and after January 1, 2012.

(11) The requirements of this section shall not apply to any manufacturer or

distributor who sells, supplies or offers for sale any single-ply roof membrane

installation or repair adhesive, single-ply roof membrane sealant or single-ply roof

membrane adhesive primer prior to January 1, 2012.

Subsection (d), revision of subdivision (3)

(3) Except as provided in subsections (c)(1) through (c)(4), (c)(7), (c)(9), (c)(10),

(c)(ll) and (d)(6) of this section, on or after January 1, 2009, no person shall use

or apply, or solicit the use or application of, any adhesive, sealant, adhesive

primer or sealant primer within the State of Connecticut unless such adhesive,

sealant, adhesive primer or sealant primer as applied complies with the applicable

VOC content limits specified in Table 44-1 or Table 44-2 of this section and the

applicable requirements of this subsection.

Subsedtion (e), revision of subdivision (1)

(1) Any person who sells, supplies, offers for sale or manufactures an adhesive,

sealant, adhesive primer or sealant primer subject to this section on or after January 1,

2009 for sale in the State of Cormeeticut shall possess documentation that such adhesive,

sealant, adhesive primer or sealant primer complies with the VOC content limits of Table

44-1 of this section, where the VOC content is determined according to the requirements

of subdivisions (2) and (3) of this subsection. For single-ply roof membrane

installation or repair adhesive, single-ply roof membrane sealant and single-ply roof

membrane adhesive primer, such documentation is required on and after January

1, 2012.

 ̄ Table 44-1, addition of a column designating the date on which each standard applies
11

Table 44-1. As Applied VOC Content Limits for Adhesives, Sealants, Adhesive Primers and Sealant Primers

Adhesive, sealant, adhesive primer or As applied VOC Date on which standard applies

sealant primer category content limit

(g VOC/~)

ABS welding 4O0 January 1,2009

Ceramic tile installation 130 January 1, 2009

Computer diskette jacket manufacturing 850 January 1,2009

Contact bond 250 January 1,2009

Cove base installation 150 January 1,2009

CPVC welding 490 January 1,2009

Indoor floor covering installation 150 January 1,2009

Metai-to-elastomer molding or casting 850 January 1,2009

Multipurpose construction 200 January 1,2009

Nonmembrane roof installation or repair 300 January 1,2009

Plastic cement welding 510 January 1,2009

Outdoor floor covering installation 250 January 1,2009

PVC welding 510 January 1,2009

Single-ply roof membrane installation or 250 For2009: June 1 tbroughAugust 31;

repair For 2010 & 2011: May 1 throngh September

30; and

On and after January 1, 2012.

Structural glazing 100 January 1, 2009

Thin metullaminming 780 January 1, 2009

Tire retread 100 January 1,2009

Perimeter bonded sheet vinyl flooring 660 January 1,2009

installation

Waterproof resorcinol glue 170 January 1,2009

Sheet-applied rubber installation 850 January 1,2009

Sealants

Architectural 250 January 1,2009

Marine deck 760 January 1, 2009

Nonmembrane roof installation or repair 300 January 1,2009

Roadway 250 January 1, 2009

Single-ply roof membrane 450 For 2009: June 1 through August 31;

For 2010 & 2011: May I through September

30; and

On and after January 1, 2012.

Other 420 January 1, 2009

Adhesive primers

Automotive glass 7OO January 1, 2009

Plastic cement welding 650 January 1, 2009

Single-ply roof membrane 250 For 2009: June 1 through August 31;

For 2010 & 2011: May I through September

30; and

On and after January 1, 2012.

Traffic marking tape 150 January 1,2009

Other 250 January 1,2009

Sealantprimers

Non-porous architectural 250 January 1,2009

Porous architectural 775 January 1,2009

Marine deck 760 January 1,2009

Other 750 January 1,2009
12

B...: All Other (Not Roofing) Concerns

Aside from single-ply roof membrane adhesion concerns, comment on Section 44 focused on

comparisons of Section 44 with the OTC Model Rule or with other federal requirements.

Comment 7: Definitions. Connecticut’s draft role is closely based on the OTC’s Model Rule.

A majority of the definitions are the same in both rules, but EPA notes that those definitions

identified in the table below are not. The Department should confirm that these differences are

intended:

CT’s Definition

"Cyanoacrylate adhesive" means any singlecomponent reactive diluent adhesive that contains at

least 85% by weight methyl, ethyl, methoxymethyl

or other functional groupings of cyanoacrylate.

"Plasticizer" means any substance, such as a high

boiling point organic solvent, that is added to a hard

plastic to provide flexibility or pliability.

"Reactive diluent" means a liquid reactant in an

Uncured adhesive, sealant or primer that reacts

chemically or physically during the curing process

to become an integral part of the cured adhesive,

sealant or primer.

"Sealant" means any material with adhesive

properties that is formulated primarily to fill, seal,

waterproof or weatherproof gaps or joints between

V, vo surfaces. Sealers and other materials that are

applied to a single substrate to protect or decorate

"Single-ply roof membrane installation or repair

adhesive" means any adhesive intended by the

manufacturer for use in the installation or repair of

single-ply roof membrane.

OTC Definition

"Cyanoacrylate adhesive" means any adhesive with

a cyanoacrylate content of at least 95% by weight.

"Plasticizer" means a material, such as a high

boiling point organic solvent, that is incorporated

into a vinyl to increase its flexibility, workability, or

distensibility, as determined by ASTM Method E260-96.

"Reactive diluent" means a liquid that is a reactive

organic compound during application and one in

that, through chemical andlor physical reactions,

such as polymerization, twenty (20) percent or more

of the reactive organic compound becomes an

integral part of a finished material

"Sealant" means any material with adhesive

properties that is formulated primarily to filI, seal,

waterproof or weatherproof gaps or joints between

two surfaces. Sealants include sealant primers and

caulks.

"Single-ply roof membrane installation and repair

adhesive" means any adhesive labeled for use in the

installation or repair of single-ply roof membrane.

tnstaIlation 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 membrane together,

attaching a patch over a hole and reapplying

flashings to vents, pipes or ducts installed through

the membrane.

[l]

Response: The Department acknowledges the EPA-identified differences between

proposed Section 44 and the OTC Model Rule. The differences result in clearer

definitions by eliminating unnecessary words or phrases or substituting more specific

language. Some ofthe differences result from comparisons of the OTC Model Rule with

similar rules now in effect in some of the California air quality management districts,

while others result from the informal comment by the regulated community. Such
13

revised definitions thus benefit from the adoption process in the California districts as

well as the Depm~tment’s considerable regulatory drafting experience.

The differences identified by EPA are not intended to create new product categories, alter

the applicability or change the emissions reductions anticipated. For example, the

language distinguishing "repair" from "installation" in relation to the definition of

"single-ply roof membrane installation or repair adhesive" is unnecessary since both

activities are undellaken using the same adhesive product.

Comment 8:. Emission reduction calculation. Cormecticut’s proposed rule indicates that it

will generate approximately four tons per summer day in VOC emission reductions. Connecticut

should document how this estimate was determined, and include a discussion of how the

exemption for aerosol coatings was addressed in quantifying emission reductions. [1]

Response: Emissions calculations for Connecticut’s adhesives and sealants regulation

are fully documented in the Department’s proposed ozone attainment demonstration.lI

For regional consistency, emissions were determined using an approach agreed to by the

Control Measures Workgroup of the OTC. For Connecticut, 2002 base year emissions of

1714 tons/year were obtained from an EPA-funded study~2 that applied a solvent mass

balance approach to estimate emissions fi’om various solvent source categories. Future

year emission estimates include a 64.4% reduction in VOC emissions attributed to the

adoption of an adhesives and sealants rule in each OTC state. This level of reduction

represents the tow end of the 64.4% to 13 77.8% range estimated by CARB for the

development of a regulation based on the CARB reasonably available control technology

determination and its adoption in the California air quality management districts.

Connecticut’s proposed adhesives and sealants regulation includes an exemption for

aerosol adhesives. This exemption is included because the VOC content of aerosol

adhesives is regulated by Connecticut’s consumer products regulation, RCSA section

22a-174-40(d)(4). RCSA section 22a-174-40 assigns VOC content limits to five

categories of aerosol adhesives. The combination of an exemption for aerosol adhesives

and regulation under a separate rule is consistent with the regulatory treatment of aerosol

adhesives in the California air quality management districts (Bay Area, E1 Dorado, Placer

County, San Joaquin Valley, Ventura County, e.g.). Such an exemption was not included

in the CARB determination underlying the district rules since it preceded, in some cases,

adoption of consumer product regulations in the air quality management districts. The

lack of inclusion of such an exemption in the OTC Model Rule was an oversight.

As a result, we do not anticipate that the exemption will significantly alter the level of

estimated emissions reductions realized by Section 44. The reasonableness of the

ii See Section 4 and Appendix 4E of the proposed attainment demonstration at:

http://www.ct.gov/dep/cwp/view.asp?a-2684&q-385886&depNav GID=1619

"Solvent Mass Balance Approach for Estimating VOC Emissions from Eleven Nonpoint Solvent Source

Categories"; drat~ repo~~, prepared by EC/R, Inc. for EPA’s Office of Air Quality Planning and Standards; EPA

Contract No. 68-D-02-064; Work Assignment No. 3-05; March 28, 2005.

See "Determination of Reasonably Available Control Technology and Best Available Retrofit Control

Technology for Adhesives and Sealants"; California Air Resources Board; December, 1998.
14

emission reduction estimate is also founded on the OTC’s choice of a control factor (i.e.,

64.4%) from the low end of the range identified by CARB.

Comment 9: Uniformity of regulations. The adoption of nnifonn regulations in all states in

the Northeastern U.S. is the primary interest of the NPCA. [8]

Re__~_oonse.’. The Department understands the importance of uniformity in essential

requirements of state regulations conceived at the regional level and shares the goal of

creating one seamless regional market in which a product may be sold in every State

under the same label and containing the same product formulation. To maintain

uniformity to the extent possible despite new information raised during the comment

period, the Department staff is in frequent contact with staff in other OTC states now

pursuing the adoption of OTC Model Rule-based regulations.

Nonetheless, differences among state regulations are inevitable. To the extent

Connecticnt’s regulation strays from the exact text of the OTC Model Rule, it does so to

 ̄ meet Connecticut-specific concerns, to improve the environmental result based on

information and concerns not raised during the Model Rule creation, to clarify or to

match Department formatting conventions. Such differences will not prevent the creation

of a regional market in which significant compliance requirements are the same from

state-to-state.

Comment 10: Rule development. In 1999, NPCA was involved in the process of developing

the CARB determination, the document that provides the basis for the OTC Model Rule, which,

in turn, forms the basis for Section 44. The CARB determination reflects industry input at that

time concerning technical and legal concerns. Industry developments since the issuance of the

CARB determination should be -- and m’e not -- incorporated into the OTC Model Rule or

Section 44. This lack is a concern. [8]

Re__~_ponse:. The key emissions-reducing provision of Section 44 is the inclusion of VOC

content standards for defined categories of adhesives and sealants. The requirement to

comply with these VOC content standards falls on the manufacturers and sellers of the

products. Users are also required to use products that comply with the standards, in

accordance with the manufacturer recommendations. A number of factors encourage the

adhesive industry to develop low-VOC and water-based products, including state and

federal requirements intended to create ozone precursor reductions, green building

standards and consumer concerns about toxic chemicals. Given these pressures on

manufacturers, the OTC workgroup that developed the OTC Model Rule was concerned

that the VOC content standards of the CARB determination may not represent the lowest

achievable standards of the current adhesives industry. The OTC workgroup chose to

move forward without reducing those standards given that the CARB determination

standards would yield significant emissions reductions for the states in the region.

In light of this background, the NPCA’s conmaent is puzzling; the industry should be

poised to meet lower VOC content standards than those provided in Section 44.

Furthermore, while the NPCA expresses legal and technical concerns with certain

categories of product, NPCA offers no specific concerns that the Department might act

upon in an information gathering process. For this reason, the Department should not

revise Section 44 in response to this comment.
15

Comment 11: Compliance date. Section 44’s compliance date should be at least 18 months

after rule promulgation to provide regulated industries time to substitute compliant materials or

install control equipment. [8]

Rest~onse: The proposed date on which the standards and most other requirements of

Section 44 apply to regulated persons is January 1, 2009. Should the rule adoption

process extend so that promulgation will occur close to that date, the Department may

consider moving that compliance date to the future. However, the Department congnitted

to EPA to adopt this rule as one of the Department’s means of attaining the federal 8-hour

ozone NAAQS, and is therefore under an obligation to move on a schedule that will

create the intended emissions reductions as of January 1, 2009.14 Manufacturers,

distributors and sellers of regulated products are thus put on notice of the Department’s

intentions and should note the efforts of other OTC states including Maryland, New

Jersey and Massachusetts to also complete the adoption of state regulations based on the

OTC Model Rule.

Comment 12: NESHAPs. Facilities subject to the National Emissions Standards for Hazardous

Air Pollutants G,4~SHAPs) for Miscellaneous Metal Parts and Products (40 CFR 63 Subpart

MMMM) or Surface Coating of Plastic Parts and Products (40 CFR 63 Subpart PPPP) should not

be regulated by Section 44. Such companies are subject to VOC and hazardous air pollutant

(HAP) emission standards including source-specific emissions limits, which are enforced in

operating facility permits. Subjecting these facilities to Section 44 may limit operational

flexibility and will make compliance more complicated. For example, the NESHAPs measure

compliance on a twelve-month rolling average, which allows the operator to use adhesives with a

VOC content that exceeds the average at any given time, as long as lower VOC content products

are used to maintain the average. The standards of Section 44 would force such a facility to look

to the installation and use of pollntion control equipment of to use non-VOC products. However,

control equipment may be expensive or even infeasible. As a result, some facilities may shut or

move to another state. Furthermore, the use of control equipment will result in an increase in

carbon dioxide emissions. Finally, a shift to the use of aqueous or non-VOC containing

adhesives wilt never happen at a facility that has installed control equipment. [8]

Response: The ozone attainment-driven requirements of Section 44 and the NESHAPs

are independent requirements that serve different purposes. Neither may substitute for

the other, given the differences in the purpose, applicability and standards. Compliance

with one does not exclude - and may even further - compliance with another.

Section 44 is proposed to limit VOC emissions from the use of regulated adhesives,

primers and sealants. The main mechanism to realize the emissions reductions are the

VOC content limits for regulated adhesives, sealants, primers, cleanup and surface

preparation solvents. Thus, Section 44 is applicable to manufacturers and sellers of the

regulated adhesives, sealants, primers and solvents. Section 44 also includes

requirements that apply to facilities at which the regulated adhesives, sealants, primers

and solvents are used, but those requirements are relatively limited and apply to any

process or activity using a regulated product.

The commitment is made in the 8-hour Ozone Attainment Demonstration. Available at:

http://www.ct.gov/dep/cwp/view.asp?a=2684&q=331234&depNav_GID=1619
16

In contrast, the NESHAPs are promulgated by EPA to reduce HAPs from certain

facilities based on the activity or process occurring at the facility. The applicability is

only to the owners or operators of facilities at which the identified process is occurring,

and the applicability thresholds are determined by the facility’s potential to emit HAPs.

NESHAPs do not include VOC or HAP content limits for products, but require the

owners of the regulated facilities to meet HAP emissions standards on a 12-month rolling

average basis. While some of the regulated HAPs are also VOC, thereby creating

coincident reductions in VOC emissions, the creation of VOC emissions reductions is not

the primary purpose - or necessary result - of the NESHAPs.

Any facility that is subject to a NESHAP and at which an adhesive regulated by Section

44 is used will need to comply with both requirements. For some facilities, the use of

products that comply with Section 44 will further compliance with the NESHAP; in other

facilities, the requirements of Section 44 will not so do. For some facilities this will add

some elements to their record keeping system. Section 44 is designed with some

flexibility to facility operators in designing record keeping, as lon~ as records are

sufficient to determine compliance with applicable requirements,b Compliance with a

NESHAP and Section 44 wilt not necessarily require the installation of control equipment

where no such equipment is now required. Finally, a general suggestion that a source

using control equipment has no incentive to switch to low-VOC or aqueous adhesives

and sealants is groundless; cost, employee safety, hazardous waste disposal needs,

product safety and a desire to "do the right thing" may all influence the choice of

products or control equipment at any facility.

Finally, to claim that the installation of air pollution control equipment would be a

deciding factor in the continued operation of a number of businesses is extreme and

unsubstantiated.

The Department should not revise Section 44 in response to this comment.

Comment 13: Consistency with a MACT. Section 44 should use definitions consistent with

the Miscellaneous Metal Surface Coating MACT Standard. [8]

Response: As explained in the response to comment 12, the requirements of 40 CFR 63

subpal~ MMM!vl concerning sm’face coating of miscellaneous metal pat~s serves a

purpose different than that of Section 44 and applies to a group of persons for the conduct

of activities outside the applicability of Section 44. Thus, not surprisingly, almost none

of the terms defined in 40 CFR 63.3981 are used in Section 44. In the case of the few

terms defined in both Section 44 and 40 CFR 63.3981, there is no clear advantage to

substituting the federal definitions.

The Department should not revise Section 44 in response to this comment.

See, e.g., Section 44(f)(1).
17

Comment 14: Concerns about a specific facility. The proposal should include requirements

to limit VOC from manufacturing facilities that use paint and also specify the use of monitoring

equipment to measure VOC in the outside air whenever a complaint is filed. The commenters

offer this comment in light of their dissatisfaction with odors emitted by a neighboring factory

and frustration that repeated visits by inspectors from the Department in response to complaints

have not discovered any violations at the neighboring factory. [2]

Response: The Department should not revise the proposal in response to this comment

as the recommendations concerning the regulation of VOC emissions from paint and the

use of monitoring equipment are outside the noticed scope of this proceeding. Regarding

the use of paint in manufacturing processes, the Department adopted a regulation in July

2007, RCSA section 22a-174-41, that regulates the VOC content of many paints, stains,

varnishes and other coatings used in certain industrial applications. The Department’s

regulations always inctude requirements for the testing and monitoring necessary to

determine compliance with limits and standards.

The Department also operates a statewide air monitoring network that is a crucial

component of compliance efforts to meet federal air quality standards and to evaluate the

success of our pollution control strategies. More information about that monitoring

network is available at:

http://www.ct.gov/dep/cwp/view.asp?a=2684&O=321790&depNav GID=1744&depNav=l

In response to the complaint about the emissions from a neighboring facility, as the

commenters note, the Department’s inspectors have found the facility to be operating in

compliance with all applicable air quality regulations. Any future complaints will be

investigated should the commenters continue to experience unsatisfactory conditions.

VI. Additional Cmnments from the Hearing Officers

In addition to the above-recommended revisions, the Department should make the following

technical corrections and clarifications to the final version of Section 44:

The phrase "for use" should be added to subsection (d)(2) so the language mirrors the

corresponding applicability requirement in subsection (b)(2), as follows:

(2) Except as provided in subsections (c) and (d)(6) of this section, on or after

January 1, 2009, no person shall manufacture for sale for use in the State of Connecticut

any adhesive, sealant, adhesive primer or sealant primer unless such adhesive, sealant,

adhesive primer or sealant primer complies with the applicable VOC content limits

specified in Table 44-t of this section and the applicable requirements of this subsection.

The July 1, 2008 date in the labeling requirements of subsection (g)(1) should be changed

to January 1, 2009, so the labeling requirements coincide with all other provisions in the

section, as follows:

(1) As of Ju!y~,1 290~ January 1, 2009, each manufacturer of an adhesive, sealant,

adhesive primer or sealant primer subject to a VOC content limit in Table 44-1 of this

section shall display the following information on the container or label...
18

The ASTM test methods referenced in subsection (e)(3) are not the current active

methods and should be revised to reflect the current active methods, as follows:

o ASTM D4457-85 should be replaced with ASTM D4457-02;

o ASTM E260-96 and ASTM E260-91 should be replaced with

ASTM E260-96(2006);

o ASTM D3792-91 should be replaced with ASTM D3792-05; and

o ASTM D2879-96 should be replaced with ASTM D2879-97(2007).

VII. Conclusion

Based upon the comments submitted by interested parties and addressed in this Hearing Report,

we recommend the final new section, included as Attachment 4 to this report, be submitted by

the Commissioner for approval by the Attorney General and the Legislative Regulations Review

Committee. Based upon the same considerations, we also recommend that upon promulgation

the new section be submitted to EPA as a revision to the State Implementation Plan and as a

control measure in support of Connecticut’s plan to attain and maintain the 8-hour ozone

NAAQS,

Anne B. Hulick

Hearing Officer

Date
ATTACHMENT 1

Federal Standards Analysis Pursuant to

Section 22a-6(h) of the General Statutes

Pursuant to the provisions of section 22a-6(h) of the Connecticut General Statutes (C.G.S.), the

Corrmrissioner of the Department of Environmental Protection (the Department) is authorized to

adopt regulations pertaining to activities for which the federal goverrmaent has adopted standards

or procedures. At the time of public notice, the Commissioner must distinguish clearly all

provisions of a proposed regulation that differ from federal standards or procedures. The

Commissioner must distinguish any such provisions either on the face of such proposed

regulation or tbaough supplemental documentation accompanying the proposed regulation. In

addition, the Commissioner must provide an explanation for all such provisions in the regulationmaking record required under Title 4, Chapter 54 of the C.G.S. and make such explanation

publicly available at the time of the notice of public hearing required under C.G.S. section 4-168.

In accordance with the requirements of C.G.S. section 22a-6(h), the following statement is

entered into the public administrative record in the matter of the proposed adoption of section

22a-174-44 (Section 44) of the Regulations of Connecticut State Agencies:

There are no comparable federal standards intended to improve ambient air quality by regulating

the VOC content of adhesives, and, therefore, no further analysis is required.

While the U.S. Environmental Protection Agency (EPA) published a consumer’ and commercial

products rule on September I 1, 1998 (40 CFR Part 59 Subpart D), which include five types of

household adhesives, Section 44 includes an exemption for adhesives that are subject to R.C.S.A.

section 22a~t74-40, the state’s counterpart to the Federal Part 59 rule for consumer products.

Regulated products do not otherwise overlap.

In addition, EPA has promulgated national emissions standards for hazardous pollutants for

source categories in 40 CFR 63, which address hazardous air emissions from adhesives and

cleaning solvents used in a limited number of source categories, including wood furniture

manufacturing, shipbuilding and aerospace. The limited overlap is addressed in some instances

through the exemptions of Section 44. In a few other ~ases, such as the contact adhesive limits

of Subpart JJ for wood furniture manufacturing operations, compliance with the Part 63

requirements will allow for compliance with the standm’d for contact bond adhesives in Section

44 for newer sources. Older source owners will find that the contact bond adhesive standard in

Section 44 is stricter than that of Subpart JJ.

Ma¥21,2007

Date /s/Merrily A. Gere

Bureau of Air Management
ATTACHMENT 2

Proposed RCSA Section 22a-174-44
DRAFT 11 -August 8~ 2007

The Regulations of Connecticut State Agencies are amended by adding section 22a-174-44, as

follows:

( Evo

Section 22a-174-44 Adhesives and sealants.

(a) Definitions. For the purposes of this section, the following definitions shall apply:

"Acrylonitrile-butadiene-styrene welding adhesive" or "ABS welding adhesive" means any

adhesive intended by the manufacturer to weld acrytonitrile-butadiene-styrene pipe, which is

made by reacting monomers of acrylonitrile, butadiene and styrene.

"Adhesive" means any chemical compound, although typically "adhesives" are organic

polymers, that is applied for the purpose of bonding two surfaces together by other than

mechanical means.

"Adhesive primer" means any product intended by the manufacturer for application to a

substrate, prior to the application of an adhesive, to enhance the bonding surface.

"Aerosol adhesive" means an adhesive packaged as an aerosol in which the spray mechanism is

permanently housed in a non-refillable can designed for handheld application without ancillary

hoses or spray equipment.

"Aerospace component" means the fabricated part, assembly of parts or completed unit of any

aircraft, helicopter, missile or space vehicle, including passenger safety equipment.

"Architectural" means pertaining to stationary stractures, including mobile homes, and their

appm~enances. Appurtenances to an architectural structure include, but are nnt limited to, hand

railings, cabinets, bathroom and kitchen fixtures, fences, rain gutters and downspouts and

windows.

"As applied" means the composition of an adhesive, sealant or primer at the time it is applied to

a substrate, including any solvent, catalyst or other substance added to the as supplied adhesive,

sealant or primer.

"As supplied" means the composition of an adhesive, sealant or primer as sold to a retail

customer. For multi-component adhesives, sealants or primers, "as supplied" means the

composition after the component parts are combined as specified by the manufacturer and before

the addition, at the user’s initiative, of any ancillary substances.

"Automotive glass adhesive primer" means an adhesive primer intended by the manufacturer to

be applied to automotive glass prior to installation of the glass using an adhesive. "Automotive

glass adhesive primer" improves the adhesion to the pinch weld and blocks ultraviolet light.

"CARB" means the California Air Resources Board.

"Ceramic tile installation adhesive" means any adhesive intended for use in the installation of

ceramic tiles.
DRAFT 11 -August 8~ 2007 2

"Chlorinated potyvinyl chloride welding adhesive" or "CPVC welding adhesive" means any

adhesive intended for welding of CPCV plastic pipe.

"Cleanup solvent" means a VOC-containing solvent used to remove a loosely held uncured

adhesive or sealant from a substrate or to clean equipment used in applying an adhesive, a

sealant or a primer.

"Computer diskette jacket manufacturing adhesive" means any adhesive intended by the

manufacturer to glue the fold-over flaps to the body of a vinyl computer diskette jacket.

"Contact bond adhesive" means any adhesive that forms an instantaneous, non-repositionable

bond when substrates, on which the adhesive was applied and allowed to dry, are brought

together using momentary pressure. "Contact bond adhesive" does not include robber cements

that are primarily intended for use on paper substrates or vulcanizing fluids designed and labeled

for tire repair only.

"Cove base" means a flooring trim unit, generally made of vinyl or robber, having a concave

radius on one edge and a convex radius on the opposite edge that is used in forming a junction

between the bottom wall course and the floor or in forming an inside comer.

"Cove base installation adhesive" means any adhesive intended by the manufacturer for the

installation of cove base or wall base on a wall or vertical surface at floor level.

"Cyanoacrylate adhesive" means any single-component reactive diluent adhesive that contains at

least 85% by weight methyl, ethyl, methoxymethyl or other functional groupings of

cyanoacrylate.

"Exempt compound" means compounds of carbon excluded from the definition of"VOC" in

section 22a-174-1 of the Regulations of Connecticut State Agencies.

"Flexible vinyl" means non-rigid polyvinyl chloride plastic with at least five percent, by weight,

plasticizer content.

"Fiberglass" means a material made of extremely fine filaments of glass.

"Indoor floor covering installation adhesive" means any adhesive intended by the manufacturer

for use in the installation of finish surface wood flooring, carpet, resilient tile, vinyl tile, vinyl

backed carpet, resilient sheet and roll or artificial grass. Adhesive used to install ceramic tile or

perimeter bonded sheet vinyl flooring is not "indoor floor covering installation adhesive."

"Lan~inate" means a material made by bonding two or more sheets or layers.

"Low-solids adhesive, sealant Or primer" means any adhesive, sealant or primer product that

contains 120 grams or less of solids per liter of product.

"Marine deck sealant" or "marine deck sealant primer" means any sealant or sealant primer

intended by the manufacturer for application to wooden marine decks.
DRAFT 11 -August 8~ 2007

"Medical equipment manufacturing" means the manufacture of medical devices, such as, but not

limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood

oxygenators or cardiatory reservoirs.

"Metal-to-elastomer molding or casting adhesive" means any adhesive intended by the

manufacturer to bond metal to rubber or urethane elastomers using a heated molding or casting

process in order to fabricate products.

"Multipurpose construction adhesive" means any adhesive intended by the manufacturer for use

in the installation or repair of various construction materials, including, but not limited to, dry

wall, subfloor, panel, fiberglass reinforced plastic, ceiling tile or acoustical tile.

"Nonmembrane roof installation or repair adhesive" means any adhesive intended by the

manufacturer for use in the installation or repair of nonmembrane roofs, including, but not

limited to, plastic or asphalt roof cement, asphalt roof coating or cold application cement.

Adhesive intended for use in the installation of pre-fabricated single-ply roof membrane is not

"normaembrane roof installation or repair adhesive."

"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 weather conditions during normal use.

"Panel installation" means the installation of plywood, pre-decorated hardboard (or tileboard),

fiberglass reinforced plastic, or similar pre-decorated or non-decorated panels to studs or solid

surfaces using an adhesive formulated for that purpose.

"Perimeter bonded sheet vinyl flooring installation" means, the installation of sheet flooring with

vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip

no more than four inches wide around the perimeter of the sheet flooring.

"Plastic cement welding adhesive" means any adhesive intended by the manufacturer for use to

dissolve the surface of plastic to form a bond between mating surfaces.

"Plastic cement welding primer" means any primer intended by the manufacturer for use to

prepare plastic substrates.prior to bonding or welding.

"Plasticizer" means any substance, such as a high boiling point organic solvent, that is added to a

hard plastic to provide flexibility or pliability.

"Polyvinyl chloride welding adhesive" or "PVC welding adhesive" means any adhesive intended

by the manufacturer for use in the welding of PVC plastic pipe.

"Porous material" means wood, paper, corrugated paperboard or other solid that has tiny

openings, often microscopic, in which fluids may be absorbed or discharged.

"Reactive diluent" means a liquid reactant in an uncured adhesive, sealant or primer that reacts

chemically or physically dm’ing the curing process to become an integral part of the cured

adhesive, sealant or primer.
DRAFT 11 - August 8~ 2007 4

"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 or

parking lots.

"Rubber" means any natural or manmade elastomer, including, but not limited to, styrenebutadiene robber, polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated

polyethylene or ethylene propylene diene terpolymer.

"SCAQMD" means the South Coast Air Quality Management District, a part of the California

Air Resources Board, which is responsible for the regulation of air quality in the State of

California.

"Sealant primer" means any product intended by the manufacturer for application to a substrate,

prior to the application of a sealant, to enhance the bonding surface.

"Sealant" means any material with adhesive properties that is formulated primarily to fill, seal,

waterproof or weatherproof gaps or joints between two surfaces. Sealers and other materials that

are applied to a single substrate to protect or decorate are not "sealants."

"Sheet-applied rubber installation" means the process of applying sheet rubber liners by hand to

metal or plastic substrates to protect the underlying substrate from con’osion or abrasion,

inclusive of the process of laminating sheet rubber to fabric by hand.

"Si@e-ply roof membrane" means a prefabricated single sheet of rubber, normally ethylenepropylenediene terpolymer, that is applied in a single layer to a building roof.

"Single-ply roof membrane installation or repair adhesive" means any adhesive intended by the

manufacturer for use in the installation or repair of single-ply roof membrane.

"Single-ply roof membrane adhesive primer" means any primer intended by the manufacturer for

use to clean and promote adhesion of the single-ply roof membrane seams or splices prior to

bonding.

"Single-ply roof membrane sealant" means any sealant intended by the manufacturer for

application to single-ply roof membrane.

"Solvent" means any organic compounds that are used as diluents, thinners, dissolvers, viscosity

reducers, cleaning agents or other related uses.

"Structural glazing adhesive" means any adhesive intended by the manufacturer to apply glass,

ceramic, metal, stone or composite panels to exterior building frames.

"Surface preparation solvent" means a solvent used to remove dirt, oil and other contaminants

from a substrate prior to the application of a primer, adhesive or sealant.

"Thin metal laminating adhesive" means any adhesive intended by the manufacturer for use in

bonding multiple layers of metal to metal or metal to plastic, in the production of electronic or

magnetic components, in which the thickness of the bond line(s) is less than 0.25 mils.
DRAFT 11 - August 8~ 2007

"Tire repair" means a process that includes expanding a hole, tear, fissure or blemish in a tire

casing by grinding or gouging, applying adhesive and filling the hole or crevice with rubber.

"Tire retread adhesive" means any adhesive intended by the manufacturer for application to the

back of pre-cure tread rubber and to the casing and cushion rubber. "Tire retread adhesive" may

also be used to seal buffed tire casings to wevent oxidation while the tire is being prepared for a

new tread.

5

"Traffic marking tape" means preformed reflective film intended by the manufacturer for

application to streets, highways and other surfaces where pavement markings are desired,

including, but not limited to, curbs, berms, driveways and parking lots.

"Traffic marking tape adhesive primer" means any primer intended by the manufacturer for

application to a substrate prior to installation of traffic marking tape.

"Twelve-month rolling aggregate" means the amount of adhesives, sealants, primers or solvents

used in a twelve-month period, calculated each month by adding the current month’s adhesive,

sealant, primer or solvent use to the amount used in each of the previous eleven months.

"Undersea-based weapons systems components" means the fabrication of parts, assembly of

parts or completed units of any portion of a missile launching system used on submarines.

"Waterproofresorcinol glue" means a two-part resorcinol-resin-based adhesive intended for

continuous water immersion.

(b) Applicability.

(1) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after January 1, 2009, sells, supplies or offers for sale for use in the State of

Connecticut any adhesive, sealant, adhesive primer or sealant primer subject to a VOC content

limit in Table 44-1 of this section.

(2) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after January 1, 2009, manufactures for sale for use in the State of Counecticut any

adhesive, sealant, adhesive primer or sealant primer subject to a VOC content limit in Table 44-1

of this section.

(3) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after January 1, 2009, uses or applies within the State of Cormecticut, or solicits the

use or application of within the State of Cormecticut, any adhesive, sealant, adhesive primer or

sealant primer with an applicable VOC content limit in either Table 44-1 or Table 44-2 of this

section.

(c) Exemptions and exceptions.

(1) The requirements of this section shall not apply, except as otherwise noted, to the

manufacture, sale or use of the following adhesives, sealants, adhesive primers, sealant primers

or solvents:
DRAFT 11 -

(A)

(c)

(D)

(B)

August 8~ 2007 6

Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated

in any research and development, quafity assurance or analytical laboratory,

provided that records are maintained as specified in subsection (0(4) of this

secfior~;

Adhesives or sealants that contain less than 20 grams of VOC per liter of adhesive

or sealant, less water and exempt compounds, as applied;

Cyanoacrylate adhesives;

Aerosol adhesives;

Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied

by the manufacturer or supplier in containers with a net volume of 16 fluid ounces

or less, or a net weight of one pound or less, except plastic cement welding

adhesives and contact bond adhesives;

Adhesives, sealants, adhesive primers and sealant primers that are subject to a

VOC content limit in section 22a-174-40 of the Regulations of Connecticut State

Agencies;

Contact bond adhesives that are sold or supplied by the manufacturer or supplier

in a container with a net volume of one gallon or less; or

Adhesives, cleanup solvents and surface preparation solvents used in the

assembly, repair and manufacture of submarines, when the use of a noncomplying

adhesive or solvent is necessary to meet military performance specifications,

provided that records of the use of such noncompliant adhesives or solvents are

maintained in accordance with subsection (t)(1) of this section.

(2) The requirements of this section shall not apply to the use of adhesives, sealants, adhesive

primers, sealant primers, surface preparation solvent and cleanup solvent in the following

operations:

Tire repair operations, provided the label of the adhesive states "For tire repair

only;"

(B) Assembly, repair or manufacture of undersea-based weapon systems;

(C) Assembly, repair or manufacture of aerospace components;

(D) Manufacture of medical equipment;

Metal cleaning performed in accordance with section 22a-174-20(/) of the

Regulations of Connecticut State Agencies; or

Plaque laminating operations in which adhesives are used to bond clear, polyester

acetate laminate to wood with lamination equipment installed prior to July 1,

1992. Any person claiming exemption pursuant to this subparagraph shall record
DRAFT 11 -August 81 2007 ’7

and maintain monthly operational records sufficient to demonstrate compliance

with this exemption and in accordance with subsection (f) of this section.

(3) The provisions of this section shall not apply to the use of adhesives, sealants, adhesive

primers or sealant primers at a facility if the total VOC emissions from all adhesives, sealants,

adhesive primers and sealant primers used at the facility are less than 200 pounds, or an

equivalent volume, per any twelve-month rolling aggregate. Emissions from cold cleaning units,

vapor degreasers and aerosol products shall not be included in determining the total VOC

emissions. Any person claiming exemption pursuant to this subparagraph shall record and

maintain monthly operational records sufficient to demonstrate continued eligibility for this

exemption and in accordance with subsection (f) of this section, as applicable.

(4) The VOC content limits in Tables 44-1 and 44-2 and the requirements of subsections

(d)(7) and (d)(8) of this section shall not apply to the use of any adhesives, sealants, adhesive

primers, sealant primers, cleanup solvents and surface preparation solvents provided the total

volume of noncomplying adhesives, sealants, primers, cleanup and surface preparation solvents

applied facility-wide does not exceed 55 gallons per any twelve-month rolling aggregate. Any

person claiming exemption pursuant to tiffs subdivision shall record and maintain monthly

operational records sufficient to demonstrate compliance with this exemption and in accordance

with subsection (f) of this section.

(5) This section shall not apply to any manufacturer or distributor who sells, supplies or

offers for sale in the State of Cormecticut any adhesive, sealant, adhesive primer or sealant

primer that does not comply with the VOC content limits specified in Table 44-1 of this section

provided that such manufacturer or distributor makes and keeps records demonstrating:

The adhesive, sealant, adhesive primer or sealant primer is intended for shipment

and use outside of the State of Cormecticut; and

(B) The manufacturer or distributor has taken reasonable precautions to assure that

the adhesive, sealant, adhesive primer or sealant primer is not distributed to or

within the State of Connecticut.

(6) Subdivision (5) of this subsection shall not apply to any manufacturer or distributor who

sells, supplies or offers for sale any adhesive, sealant, adhesive primer or sealant primer to a

retail outlet in the State of Connecticut.

(7) The VOC content limits of Table 44-1 of this section shall not apply to the sale of any

adhesive, sealant, adhesive primer or sealant primer to a person using add-on air pollution

control equipment to control emissions of VOC from such adhesive, sealant, adhesive primer or

sealant primer at the stationary source, if the add-on air pollution control equipment meets the

requirements of subsection (d)(6) of this section.

(8) This section shall not apply to the use of any adhesive, sealant, adhesive primer, sealant

primer, cleanup solvent or surface preparation solvent at a private residence for non-commercial

purposes.

(9) The requirements of this section shall not apply to any adhesive, sealant, adhesive primer,

sealant primer, cleanup solvent or surface preparation solvent that is distributed or transferred by
DRAFT 11 - August 8~ 2007 8

a branch of the United States military to, from or within a premises operated by that branch of

the United States military.

(d) Standards.

(1) Except as provided in subsections (c) and (d)(6) of this section, on or after January 1,

2009, no person shall sell, supply or offer for sale in the State of Cormecticut any adhesive,

sealant, adhesive primer or sealant primer manufactured on or after January t, 2009 unless such

adhesive, sealant, adhesive primer or sealant primer complies with the applicable VOC content

limits specified in Table 44-1 of this section and the applicable requirements of this subsection.

(2) Except as provided in subsections (c) and (d)(6) of this section, on or after January 1,

2009, no person shall manufacture for sale in the State of Connecticut any adhesive, sealant,

adhesive primer or sealant primer unless such adhesive, sealant, adhesive primer or sealant

primer complies with the applicable VOC content limits specified in Table 44-1 of this section

and the applicable requirements of this subsection.

(3) Except as provided in subsections (c)(1) through (c)(4), (c)(7), (c)(9) and (d)(6) of this

section, on or after January t, 2009, no person shall use or apply, or solicit the use or application

of, any adhesive, sealant, adhesive primer or sealant primer within the State of Connecticut

unless such adhesive, sealant, adhesive primer or sealant primer as applied complies with the

applicable VOC content limits specified in Table 44-1 or Table 44-2 of this section and the

applicable requirements of this subsection.

(4) For adhesives, the VOC content limits of Tables 44-1 and 44-2 of this section shall apply

as follows:

If a person uses an adhesive subject to a specific VOC content limit in Table 44-1,

such specific limit shall apply, and no limit in Table 44-2 shall apply; and

If an adhesive is not listed in Table 44-1, a VOC content limit in Table 44-2 shall

apply based on the substrate bonded by the adhesive. If an adhesive is used to

bond two different substrates together, the substrate assigned the higher VOC

content limit shall apply to such use.

(5) Any person using adhesives, sealants, adhesive primers, sealant primers, surface

preparation solvents or clean-up solvents subject to this section shall store or dispose of all

absorbent materials, such as cloth or paper, which are moistened with such adhesives, sealants,

primers or solvents, in non-absorbent containers that shall be closed except when placing

materials in or removing materials from the container.

(6) A person using an adhesive, sealant, adhesive primer or sealant primer subject to this

section may comply with the VOC content limits of Tables 44-1 and 44-2 of this section using

add-on air pollution control equipment if such equipment meets the following requirements:

The VOC e~missions from the use of all adhesives, sealants, adhesive primers or

sealant primers subject to this section are reduced by an overall captm’e and

control efficiency of at least 85%, by weight;
DRAFT 11 -August 81 2007

(7)

(8)

9

(B) The combustion temperature is monitored continuously if a thermal incinerator is

operated;

(C) Inlet and exhaust gas temperatures are monitored continuously if a catalytic

incinerator is operated;

(D) The VOC concentration of the inlet and exhaust gas is measured continuously if a

carbon absorber or control device other than a thermal or catalytic Incinerator is

operated; and

(E) Operational records sufficient to demonstrate compliance with the requirements

of this subdivision are maintained as required by subsection (f) of this section.

Any person using a surface preparation solvent shall:

(A) Except as provided in subparagraph (B) of this subdivision for single-ply roofing,

limit the VOC content of surface preparation solvent used to less than 70 grams

per liter; or

(B) If a sm’face preparation solvent is used in applying single-ply roofing, limit the

composite vapor pressure, excluding water and exempt compounds, of the surface

preparation solvent used to less than or equal to 45 mmHg at 20 degrees Celsius.

Any person using a cleanup solvent shall:

(A) Except as provided in subparagraph (B) of this subdivision, limit the composite

vapor pressure of a cleanup solvent to less than 45 mmHg at 20 degrees Celsius;

or

When cleaning spray application equipment, perform the removal of an adhesive,

sealant, adhesive primer or sealant primer from the parts of spray application

equipment in accordance with either subparagraph (i) or (ii), as follows:

(0 In an enclosed cleaning system, or equivalent cleaning system as

determined by the test method identified in subsection (e)(4) of this

section, or

Using a solvent with a VOC content less than or equal to 70 grams of

VOC per liter. As necessary, parts containing dried adhesive may be

soaked in a solvent if the composite vapor pressure of the solvent,

excluding water and exempt compounds, is less than or equal to 9.5

mmHg at 20 degrees Celsius, and the parts and solvent are in a closed

container that remains closed except when adding parts to or removing

parts from the container.

(9) No person ~vho applies or solicits the application of any adhesive, sealant, adhesive

primer or sealant primer subject to this section shall add solvent to such adhesive, sealant or

primer in an amount in excess of the manufacturer’s recommendation for application, if such
DRAFT 11 -August 8~ 2007 10

addition causes the adhesive, sealant or primer to exceed the applicable VOC content limit of this

section.

(e) Compliance procedures and test methods.

(1) Any person who sells, supplies, offers for sale or manufactures an adhesive, sealant,

adhesive primer or sealant primer subject to this section on or after January 1~ 2009 for sale in

the State of Connecticut shall possess documentation that such adhesive, sealant, adhesive p(trner

or sealant primer complies with the VOC content limits of Table 44-1 of this section, where the

VOC content is determined according to the requirements of subdivisions (2) and (3) of this

subsection.

(2) The VOC content (grams per liter and percent by weight) of adhesive, sealant, primer and

solvent products subject to this section, shall be dete~anined according to the following

calculations:

For products that do not contain reactive diluents, grams of VOC per liter of

product thinned to the manufacturer’s recommendation, less water and exempt

compounds, shall be calculated according to the following equation:

Grams of VOC per liter of product = Ws - Ww - We

Vm- Vw- Ve

Where

Ws

Ve =

weight of volatile compounds, in grams

weight of water, in grams

weight of exempt compounds, in grams

volume of product, as supplied, in liters

volume of water, in liters

volume of exempt compounds, in liters;

(B) For products that contain reactive diluents, the VOC content of the product is

determined after curing. The grams of VOC per liter of product thinned to the

manufacturer’s recommendation, less water and exempt compounds, shall be

calculated according to the following equation:

Grams of VOC per liter of product = .Wrs- Wrw- ~’e

Vrm- Vrw- Vre

Where

Wre =

Vrw =

weight of volatile compounds not consumed during curing, in

grams

weight of water not consumed during curing, in grams

weight of exempt compounds not consumed during curing, in

grams

volume ofwoduct, as supplied, not consumed dur’mg curing, in

liters

volume of water not consumed during curing, in liters
DRAFT 11 - August 8~ 2007 11

Vre = volume of exempt compounds not consumed dur’mg curing, in

liters;

(c) Grams of VOC pet" liter of product thimled to the manufacturer’s recommendation

shall be calculated according to the following equation:

Grams of VOC pet" liter of product = Ws- Ww- We

Vm

Where

Ww =

We =

Vm =

weight of volatile compounds, in grams

weight of water, in grams

weight of exempt compounds, in grams

volume of product, in liters; and

(D) Percent VOC by weight shalt be calculated according to the following equation:

% VOC by weight = [(Wv/W)] x 100

Where

Wv =

W =

weight of VOCs in grams

weight of product in grams

(3) The following procedures shall be used to determine the properties of the specified

adhesives, sealants, primers, solvents or components thereof in order to perform the calculations

required pursuant to subdivision (2) of this subsection or to verify calculations based on

formulation data:

Except as provided in subparagraphs (C), (D) and (E) of this subdivision, the

VOC and solids content of all adhesives, adhesive primers, sealants, sealant

primers, surface preparation solvents and cleanup solvents shall be determined

using 40 CFR 60, Appendix A, Reference Method 24, or SCAQMD Method 304;

(B) The volatile organic content of exempt organic compounds shall be determined

using ASTM D4457-85 or the most current version of such test, as applicable;

(c) The VOC content of any plastic welding cement adhesive or primer shall be

determined using SCAQMD Method 316A;

The amount ofreaetive diluent in a product shall be determined using SCAQMD

Method 316A;

(E) The composite vapor pressure of volatile organic compounds in surface

preparation solvents and cleanup solvents shall be determined by quantifying the

amount of each compound in the blend using gas chromatographic analysis

(ASTM E 260-96 or its most current replacement test) for organics and ASTM

D3792-91 or the most emxent version of such test, for water content, as

applicable, and the following equation:
DRAFT 11 -August 8~ 2007 12

n n n

Ppc = [ ~ (Wi)(Vpi) / Mwi ] / [ (Ww/Mww) + ~ (We / Mwe) + ~ (Wi / Mwi) ]

i =1 i =1 i =1

Where

Ppc = VOC composite partial pressure at 20 degrees C, in mmHg

Wi = Weight of the ’T’th VOC compound, in grams, as determined by ASTM E

260-96 or the most current version of such test

Vpi = Vapor pressure of the ’T’th VOC compound at 20 degrees C, in mmHg, as

detemfined by subparagraph (F) of this subdivision

Mwi = Molecular weight of the ’T’th VOC compound, in grams per g-mole, as

given in chemical reference literature

Ww = Weight of water, in grams as determined by AS.TM D 3792-91 or the most

current version of such test

Mww = Molecular weight of water, t8 grams per g-mole

We = Weight of the "i"th exempt compound, in grams, as determined by

ASTM E 260-91 or the most cmTent version of such test

Mwe =Molecular weight of the ’T’th exempt compound, in grams per g-mole, as

given in chemical reference literature

(F) The vapor pressure of each single component compound may be determined from

ASTM D2879-86, or the most current version of such test, or may be obtained

from any of the following sources:

(i) The most recent edition of The Vapor Pressure of Pure Substances,

Boublik, Fried, and Hala, eds., Elsevier Scientific Publishing Company,

New York,

(ii) The most recent edition of Perly’s Chemical Engineer’s Handbook,

McGraw-Hill Book Company,

(iii) The most recent edition of CRC Handbook of Chemist~y and Physics,

Chemical Rubber Publishing Company,

(iv) The most recent edition of Lange’s Handbook of Chemis#y, John Dean,

editor, McGraw-Hill Book Company, or

(v) Additional sources approved for this propose by the Commissioner.

(4) The active and passive solvent losses from spray gun cleaning systems shall be

detmrnined using SCAQMD’s "General Test Method for Determining Solvent Losses from Spray

Gun Cleaning Systems," dated October 3, 1989. The test solvent for this determination shall be
DRAFT 11 - August 8~ 2007 13

any lacquer thinner with a minimum vapor pressure of 105 mm of Hg at 20 degrees Celsius, and

the minimum test temperature shall be 15 degrees Celsius.

(5) Control device efficiency shall be measured in accordance with 40 CFR 60 Appendix A,

Reference Methods 18, 25, 25A and 25B or CARB Method 100.

(6) If the organization responsible for preparing any reference or test method identified in

this subsection replaces that method with an equivalent method, then either the identified method

or its replacement may be used for the purposes of this section.

(f) Record keeping and reporting requirements.

(1) Except as provided in subsection (c)(8) of this section, or except if add-on air pollution

control equipment is used to comply with the VOC content limits of Tables 44-1 or 44-2 of this

section, as provided in subsection (d)(6) of this section, and records are maintained as required in

subsection (0(2) of this section, each person subject to this section shall maintain records of the

information necessary and sufficient for the Commissioner to determine compliance with the

applicable requirements of this section. Such info~anation may include:

(A) A list of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent

and surface preparation solvent in use and in storage;

Identification of each adhesive, sealant, adhesive primer, sealant primer, cleannp

solvent and surface preparation solvent by product name and description;

(0 The VOC content of each adhesive, sealant, adhesive primer, sealant primer,

cleanup solvent and surface preparation solvent product as supplied;

(D) The mix ratio of any catalysts, reducers or other components used;

The final VOC content or vapor pressure of each adhesive, sealant, adhesive

primer, sealant primer, cleanup solvent and surface preparation solvent, as

applied; or

The monthly volume of each adhesive, sealant, adhesive primer, sealant primer,

cleanup solvent or surface preparation solvent used.

(2) Any person who complies with the VOC content limits of Table 44-1 or Table 44-2 of

this section through the use of add-on air pollution control equipment shall record the key

operating parameters for the control equipment, including but not limited to, the following

information:

(A) The volume used per day of each adhesive, sealant, adhesive primer, sealant

primer or solvent that is subject to a VOC content limit in Table 44-1 or Table

44-2 of this section and that exceeds such a limit;

On a daily basis, the combustion temperature, inlet and exhaust gas temperatures

and control device efficiency, as appropriate, pursuant to subsection (d)(6) of this

section;
DRAFT 11 - August 8~ 2007 14

(C) Daily hours of control equipment operation;

(D) All maintenance performed on control equipment including the date and type of

maintena~nce; and

Records documenting that such equipment is operated in compliance ~vith the

control and capture efficiency requirement of subsection (d)(6) of this section.

(3) All records made to determine compliance with this section shall be maintained on the

premises for five years fiom the date such record is created and shall be made available to the

Commissioner within 90 days of a request.

(4) For adhesives, sealants, adhesive primers and sealant primers subject to the laboratory

testing exemption of subsection (c)(1)(A) of this section, the person conducting the testing shall

make and maintain records of all such adhesives, sealants, primers and solvents used in the

preparation or evaluation process, including, as appropriate, the product name, manufacturer and

description.

(5) Upon written notice, the Commissioner may require any person subject to this section to

report information sufficient to determine compliance with the applicable requirements of this

section.

(6) Any document submitted to the Commissioner pursuant to this section shall include a

certification signed by an individual identified in section 22a-174-2a(a)(1) of the Regulations of

Connecticut State Agencies, and by the individual or individuals responsible for actually

preparing such document, each of whom shall examine and be familiar with the info~nation

submitted in the document and all attachments thereto, and shall make inquiry of those

individuals responsible for obtaining the information to determine that the information is tree,

accurate, and complete, and each of whom shall certify in writing as follows:

"I have personally examined and am familiar with the information submitted in this

document and all attachments thereto, and I certify that based on reasonable

investigation, including my inquiry of those individuals responsible for obtaining the

infolanation, the submitted information is true, accurate and complete to the best of my

knowledge and belief. I understand that any false statement made in the submitted

infomaation may be punishable as a criminal offense under section 22a-175 of the

Connecticut General Statutes, under section 53a-157b of the Connecticut General

Statutes, and in accordance with any applicable statute."

(g) Container labeling.

(1) As of July 1, 2008, each manufacturer of an adhesive, sealant, adhesive primer or sealant

primer subject to a VOC content limit in Table 44-1 of this section shall display the following

information on the container or label for such adhesive, sealant, adhesive primer or sealant

primer:

(A) The category name of the product;
DRAFT 11 - August 8~ 2007 15

(]3) A statement of the manufacturer’s recommendation regarding thinning, reducing

or mixing, where:

(i) A statement is not required for thinning, reducing or mixing with water,

and

(ii) If thinning prior to use is not necessary, the recommendation shall specify

that the product is to be applied as supplied;

(c) The maximum or the actual VOC content as supplied, displayed in grams of VOC

per liter of product; axed

The maximum or the actual VOC content as applied in accordance with the

manufacturer’s recommendation regarding thinning, reducing or mixing,

displayed in grams of VOC per liter of applied product.

(2) The VOC content of an adhesive, sealant, adhesive primer or sealant primer shall be

calculated using the manufacturer’s fo~Tnulation data or determined using the calculations,

procedures and test methods in subsection (e) of this section.

(3) Any person applying an adhesive, sealant, adhesive primer or sealant primer subject to a

VOC content limit in Tables 44-1 or 44-2 of this section may rely on the manufacturer’s

representation on the container or label, if such product is applied as recommended for a use

specified on the container or label.
DRAFT 11 -August 8~ 2007 16

Table 44-1. As Applied VOC Content Limits for Adhesives, Sealants,

Adhesive Primers and Sealant Primers

Adhesive, sealant, adhesive primer or sealant primer As applied VOC content

category limit

(grams VOC per liter)

Adhesives

ABSwelding 4OO

Ceramic tile installation 130

Computer diskette jacket manufacturing 85O

Contact bond 250

Cove base installation 150

CPVCwelding 490

Indoor floor covering installation 150

Metal-to-elastomermolding or casting 850

Multipurpose construction 200

Nonmembrane roof installation or repair 300

Plastic cement welding 510

Outdoor floor covering installation 250

PVCwelding 510

Single-ply roof membrane installation or repair 250

Structural glazing 100

Thin metal laminating 780

Tire retread 100

Perimeter bonded sheet vinyl flooring installation 660

Waterproof resorcinol glue 170

Sheet-applied rubber installation 85O

Sealants

Architectural 250

Marine deck 760

Nonmembrane roof installation or repair 3O0

Roadway 250

Single-ply roof membrane 450

Other 420

Adhesive primers

Automotive glass 700

Plastic cement welding 650

Single-ply roof membrane 250

Traffic marking tape 150

Other 250

Sealant primers

Non-porous architectural 250

Porous architectural 775

Marine deck 760

Other 750
DRAFT 11 - August 8, 2007 17

Table 44-2. As Applied VOC Content Limits for Adhesives Applied to the Listed Substrate

Substrate As applied VOC content

limit

(grams VOC per liter)

Flexible vinyl 250

Fiberglass 200

Metal 30

Porous material 120

Rubber 250

Other substrates 250

Statement of Purpose: This new section of the air quality regulations limits emissions of

volatile organic compounds (VOCs) from adhesives, sealants and primers. This section achieves

VOC reductions through two basic components: sale and manufacture restrictions that limit the

VOC content of specified adhesives, sealants and primers sold in the state; and use restrictions

that apply primarily to commercial/industrial operations such as wood product manufacturers,

upholstery shops, adhesives retailers and architectural trades, such as building construction, floor

covering installation and roof repair. By reducing the availability of higher VOC content

adhesives and sealants within the state, the sales prohibition is also intended to address adhesive

and sealant usage at area sources. In addition to the VOC content limits and use requirements,

this section includes requirements for cleanup and preparation solvents and a compliance

alternative in the form of add-on ai~ pollution control equipment.

This section is based on a model rule of the Ozone Transport Commission, which is, in turn,

based on a reasonably available control technology determination prepared by the California Air

Resources Board (CARB) in 1998. In the years 1998-2001, the provisions of the CARB

determination were adopted in regulatory form in various air pollution control districts in

California.

The associated emissions reductions, which are estimated to be nearly 4 tons per summer day,

will support attainment of the 8-hour national ambient air quality standard.
ATTACHMENT3

List of Commenters

Anne Arnold, Manager

Air Quality Planning Unit

United States Environmental Protection Agency (EPA)

Region 1

One Congress Street, Suite 1100

Boston, MA 02114-2023

Glerma and Mike Adams

Bob and Mary Chapman

South Windham, CT

Madams 1001 @earthlink.com

C. Mitchell Sorensen, Executive Director

Connecticut Roofing Contractors Association

P.O. Box 30

One Regency Drive

Bloomfield, CT 06002

msorensen@ssm~t.com

Mike Ennis

Technical Director

Single Ply Roofing Industry, Inc.

m.ennis@mac.com

S.P. Graveline

Vice President Technical Services

Sika Sarnafil Inc.

100 Dan Road

Canton, MA 02021

Gary Thompson

Beacon Sales Co.

Hartford, CT

gthompson@beaconsales.com

Jared O. Blum

Executive Director

EPDM Roofing Association

7315 Wisconsin Avenue

Suite 400E

Bethesda, Md. 20815
Heidi K. McAuliffe

Counsel, Government Affairs

National Paint & Coatings Association, Inc.

1500 Rhode Island Avenue, NW

Washington, DC 20005

hmcauliffe@paint.org

Robert A. Baker, President

KEY POLYMER CORPORATION

17 Shepard Street, Lawrence Industrial Park

Lawrence, MA 01843 - 1023

Rbaker@keypolymer.com
ATTACHMENT 4

Final Text

RCSA Section 22a-174-44
The Regulations of Connecticut State Agencies are anaended by adding section 22a-174-44, as

follows:

( Evo

Section22a-174-44 Adhesives and sealants.

(a) Definitions. For the purposes of this section, the following definitions shall apply:

"Acrylonitrile-butadiene-styrene welding adhesive" or "ABS welding adhesive" means any

adhesive intended by the manufacturer to weld acrylonitrile-butadiene-styrene pipe, which is

made by reacting monomers of acrylonitrile, butadiene and styrene.

"Adhesive" means any chemical compound, although typically "adhesives" are organic

polymers, that is applied for the propose of bonding two surfaces together by other than

mechanical means.

"Adhesive primer" means any product intended by the manufacturer for application to a

substrate, prior to the application of an adhesive, to enhance the bonding surface.

"Aerosol adhesive" means an adhesive packaged as an aerosol in which the spray mechanism is

permanently housed in a non-refillable can designed for handheld application without ancillary

hoses or spray equipment.

"Aerospace component" means the fabricated part, assembly of parts or completed unit of any

aircraft, helicopter, missile or space vehicle, including passenger safety equipment.

"Architectural" means pertaining to stationary structures, 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 downspouts and

windows.

"As applied" means the composition of an adhesive, sealant or primer at the time it is applied to

a substrate, including any solvent, catalyst or other substance added to the as supplied adhesive,

sealant or primer.

"As supplied" means the composition of an adhesive, sealant or primer as sold to a retail

customer. For multi-component adhesives, sealants or primers, "as supplied" means the

composition after the component parts are combined as specified by the manufacturer and before

the addition, at the user’s initiative, of any ancillaw substances.

"Automotive glass adhesive primer" means an adhesive primer intended by the manufacturer to

be applied to automotive glass prior to installation of the glass using an adhesive. "Automotive

glass adhesive primer" improves the adhesion to the pinch weld and blocks ultraviolet light.

"CARB" means the California Air Resom’ces Board.

"Ceramic tile installation adhesive" means any adhesive intended for use in the installation of

ceramic tiles.
2

"Chlorinated polyvinyl chloride welding adhesive" or "CPVC welding adhesive" means any

adhesive intended for welding of CPCV plastic pipe.

"Cleanup solvent" means a VOC-containing solvent used to remove a loosely held uncured

adhesive or sealant from a substrate or to clean equipment used in applying an adhesive, a

sealant or a primer.

"Computer diskette jacket manufacturing adhesive" means any adhesive intended by the

manufacturer to glue the fold-over flaps to the body of a vinyl computer diskette jacket.

"Contact bond adhesive" means any adhesive that forms an instantaneous, non-repositionable

bond when substrates, on which the adhesive was applied and allowed to dry, are brought

together using momentary pressure. "Contact bond adhesive" does not include rubber cements

that are primarily intended for use on paper substrates or vulcanizing fluids designed and labeled

for tire repair only.

"Cove base,’ means a flooring trim unit, generally made of vinyl or rubber, having a concave

radius on one edge and a convex radius on the opposite edge that is used in forming a junction

between the bottom wall course and the floor or in fo~Tning an inside corner.

"Cove base installation adhesive" means any adhesive intended by the manufacturer for the

installation of cove base or wall base on a wall or vertical surface at floor level.

"Cyanoaerylate adhesive" means any single-component reactive diluent adhesive that contains at

least 85% by weight methyl, ethyl, methoxymethyl or other functional groupings of

cyanoacrylate.

"Exempt compound" means compounds of carbon excluded from the definition of"VOC" in

section 22a-174-1 of the Regulations of Connecticut State Agencies.

"Flexible vinyl" means non-rigid polyvinyl chloride plastic with at least five percent, by weight,

plasticizer content.

"Fiberglass" means a material made of extremely fine filaments of glass.

"Indoor floor covering installation adhesive" means any adhesive intended by the manufacturer

for use in the installation of finish surface wood flooring, carpet, resilient tile, vinyl tile, vinyl

backed carpet, resilient sheet and roll or artificial grass. Adhesive used to install ceramic tile or

perimeter bonded sheet vinyl flooring is not "indoor floor covering installation adhesive."

"Laminate" means a material made by bonding two or more sheets or layers.

"Low-solids adhesive, sealant or primer" means any adhesive, sealant or primer product that

contains 120 grams or less of solids per liter of product.

"Marine deck sealant" or "marine deck sealant primer" means any sealant or sealant primer

intended by the manufacturer for application to wooden marine decks.
"Medical equipment manufacturing" means the manufacture of medical devices, such as, but not

limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood

oxygenators or cardiato13~ reservoirs.

"Metal-to-elastomer molding or casting adhesive" means any adhesive intended by the

manufacturer to bond metal to rubber or urethane elastomers using a heated molding or casting

process in order to fabricate products.

,’Multipurpose constructio.n adhesive" means any adhesive intended by the manufacturer for use

in the installation or repair of various construction materials, including, but not limited to, dry

wall, subfloor, panel, fiberglass reinforced plastic, ceiling tile or acoustical tile.

"Nonmembrane roof installation or repair adhesive" means any adhesive intended by the

manufacturer for use in the installation or repair ofnonmembrane roofs, including, but not

limited to, plastic or asphalt roof cement, asphalt roof coating or cold application cement.

Adhesive intended for use in the installation ofpre-fabricated single-ply roof membrane is not

"nonmembrane roof installation or repair adhesive."

"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 weather conditions during normal use.

"Panel installation" means the installation of plywood, pre-decorated hardboard (or tileboard),

ftberglass reinforced plastic, or similar we-decorated or non-decorated panels to studs or solid

surfaces using an adhesive formulated for that purpose.

"Perimeter bonded sheet vinyl flooring installation" means the installation of sheet flooring with

vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip

no more than four inches wide around the perimeter of the sheet flooring.

"Plastic ceme~rt welding adhesive" means any adhesive intended by the manufacturer for use to

dissolve the surface of plastic to form a bond between mating surfaces.

"Plastic cement welding primer" means any primer intended by the manufacturer for use to

prepare plastic substrates prior to bonding or welding.

"Plasticizer" means any substance, such as a high boiling point organic solvent, that is added to a

hard plastic to provide flexibility or pliability.

"Polyvinyl chloride welding adhesive" or "PVC welding adhesive" means any adhesive intended

by the manufacturer for use in the welding of PVC plastic pipe.

"Porous material" means wood, paper, corrugated paperboard or other solid that has tiny

openings, often mieroscopic, in which fluids may be absorbed or discharged.

"Reactive diluent" means a liquid reactant in an uncured adhesive, sealant or primer that reacts

chemically or physically during the curing process to become an integral part of the cured

adhesive, sealant or primer.
"Roadway sealant" means any sealant intended by the manufacturer for application to punic

streets, highways and other surfaces, including, but not limited to, curbs, berms, driveways or

parking lots.

"Rubber" means any natural or manmade elastomer, including, but not limited to, styrenebutadiene rubber, polychloroprene (neoprene), butyl rubber, nitfile rubber, chlorosulfonated

polyethylene or ethylene propylene diene terpolymer.

"SCAQMD" means the South Coast Air Quality Management District, a pm-t of the California

Air Resources Board, which is responsible for the regulation of air quality in the State of

California.

,’Sealant primer" means any product intended by the manufacturer for application to a substrate,

prior to the application of a sealant, to enhance the bonding surface.

"Sealant" means any material with adhesive properties that is formulated primarily to fill, seal,

waterproof or weatherproof gaps or joints between two surfages. Sealers and other materials that

are applied to a single substrate to woteet or decorate are not "sealants."

"Sheet-applied rubber installation" means the process of applying sheet rubber liners by hand to

metal or plastic substrates to protect the underlying substrate from corrosion or abrasion,

inclusive of the process of laminating sheet rubber to fabric by hand.

"Single-ply roof membrane" means a prefabricated single sheet of compounded synthetic

material such as ethylene propylenediene monomer, polyvinyl chloride, thermal polyolefin or

ketone ethylene ester that is applied in a single layer to a building roof.

"Single-ply roof membrane installation or repair adhesive" means any adhesive intended by the

manufacturer for use in the installation or repair of single-ply roof membrane.

"Single-ply roof membrane adhesive primer" means any primer intended by the manufacturer for

use to clean and promote adhesion of the single-ply roof membrane seams or splices prior to

bonding.

"Single-ply roof membrane sealant" means any sealant intended by the manufacturer for

application to single-ply roof membrane.

"Solvent" means any organic compounds that are used as diluents, thinners, dissolvers, viscosity

reducers, cleaning agents or other related uses.

"Structural glazing adhesive" means any adhesive intended by the manufacturer to apply glass,

ceramic, metal, stone or composite panels to exterior building fi’ames.

"Surface preparation solvent" means a solvent used to remove dirt, oil and other contaminants

from a substrate prior to the application of a primer, adhesive or sealant.

"Thin metal laminating adhesive" means any adhesive intended by the manufacturer for use in

bonding multiple layers of metal to metal or metal to plastic, in the production of electronic or

magnetic components, in which the thickness of the bond line(s) is less than 0.25 mils.
5

"Tire repair" means a process that includes expanding a hole, tear, fissure or blemish in a tire

casing by g~inding or gouging, applying adhesive and filling the hole or crevice with rubber.

"Tire retread adhesive" means any adhesive intended by the manufacturer for application to the

back of pre-cure tread rubber and to the casing and cushion rubber’. "Tire retread adhesive" may

also be used to seal buffed tire casings to prevent oxidation while the tire is being prepared for a

new tread.

"Traffic marking tape" means preformed reflective film intended by the manufacturer for

application to streets, highways and other surfaces where pavement markings are desired,

including, but not limited to, curbs, berms, driveways and parking lots.

"Traffic marking tape adhesive primer" means any primer intended by the manufacturer for

application to a substrate prior to installation of traffic marking tape.

"Twelve-month rolling aggregate" means the amount of adhesives, sealants, primers or solvents

used in a twelve-month period, calculated each month by adding the current month’s adhesive,

sealant, primer or solvent use to the amount used in each of the previous eleven months.

"Undersea-based weapons systems components" means the fabrication of parts, assembly of

parts or completed units of any portion of a missile launching system used on submarines.

"Waterproof resorcinol glue" means a two-part resorcinol-resin-based adhesive intended for

continuous water inmaersion.

(b) Applicability.

(1) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after January 1, 2009, sells, supplies or offers for sale for use in the State of

Connecticut any adhesive, sealant, adhesive primer or sealant primer subject to a VOC content

limit in Table 44-1 of this section.

(2) Except as provided in subsection (c) of this section, this section applies to any person

who, on or after January 1, 2009, manufactures for sale for use in the State of Connecticut any

adhesive, sealant, adhesive primer or sealant primer subject to a VOC content limit in Table 44-1

of this section.

(3) Except as provided in subsection (e) of this section, this section applies to any person

who, on or after January 1, 2009, uses or applies within the State of Connecticut, or solicits the

use or application of within the State of Connecticut, any adhesive, sealant, adhesive primer or

sealant primer with an applicable VOC content limit in either Table 44-1 or Table 44-2 of this

section.

(c) Exemptions and exceptions.

(1) The requirements of this section shall not apply, except as othet~wise noted, to the

manufacture, sale or use of the following adhesives, sealants, adhesive primers, sealant primers

or solvents:
6

(c)

(D)

(m)

(A) Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated

in any research and development, quality assurance or analytical laboratory,

provided that records are maintained as specified in subsection (f)(4) of this

section;

(B) Adhesives or sealants that contain less than 20 grams of VOC per liter 0f adhesive

or sealant, less water and exempt compounds, as applied;

Cyanoacrylate adhesives;

Aerosol adhesives;

Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied

by the manufacturer or supplier in containers with a net volume of 16 fluid ounces

or tess, or a net weight of one pound or less, except plastic cement welding

adhesives and contact bond adhesives;

Adhesives, sealants, adhesive primers and sealant primers that are subject to a

VOC content limit in section 22a-174-40 of the Regulations of Connecticut State

Agencies;

Contact bond adhesives that are sold or supplied by the manufacturer or supplier

in a container with a net volume of one gallon or less; or

Adhesives, cleanup solvents and surface preparation solvents used in the

assembly, repair and manufacture of submarines, when the use of a noncomplying

adhesive or solvent is necessary to meet militm~¢ performance specifications,

provided that records of the use of such noncompliant adhesives or solvents are

maintained in accordance with subsection (f)(1) of this section.

(2) The requirements of this section shall not apply to the use of adhesives, sealants, adhesive

primers, sealant primers, surface preparation solvent and cleanup solvent in the following

operations:

Tire repair operations, provided the label of the adhesive states "For tire repair

only;"

(B) Assembly, repair or manufacture of undersea-based weapon systems;

(C) Assembly, repair or manufacture of aerospace components;

(D) Manufacture of medical equipment;

Metal cleaning performed in accordance with section 22a-174-20(/) of the

Regulations of Connecticut State Agencies; or

(F) Plaque laminating operations in which adhesives are used to bond clear, polyester

acetate laminate to wood with lamination equipment installed prior to July 1,
7

1992. Any person claiming exemption pursuant to this subparagraph shall record

and maintain monthly operational records sufficient to demonstrate compliance

with this exemption and in accordance with subsection (f) of this section.

(3) The provisions of this section shall not apply to the use of adhesives, sealants, adhesive

primers or sealant primers at a facility if the total VOC emissions fi’om all adhesives, sealants,

adhesive primers and sealant primers used at the facility are less than 200 pounds, or an

equivalent volume, per any twelve-month rolling aggregate. Emissions from cold cleaning units,

vapor degreasers and aerosol products shall not be included in determining the total VOC

emissions. Any person claiming exemption pursuant to this subparagraph shall record and

maintain monthly operational records sufficient to demonstrate continued eligibility for this

exemption and in accordance with subsection (f) of this section, as applicable.

(4) The VOC content limits in Tables 44-1 and 44-2 and the requirements of subsections

(d)(7) and (d)(8) of this section shall not apply to the use of any adhesives, sealants, adhesive

primers, sealant primers, cleanup solvents and surface preparation solvents provided the total

volume of noncomplying adhesives, sealants, primers, cleanup and surface preparation solvents

applied facility-wide does not exceed 55 gallons per any twelve-month rolling aggregate. Any

person claiming exemption pursuant to this subdivision shall record and maintain monthly

operational records sufficient to demonstrate compliance with this exemption and in accordance

with subsection (f) of this section.

(5) This section shall not apply to any manufacturer or distributor who sells, supplies or

offers for sale in the State of Cormecticut any adhesive, sealant, adhesive primer or sealant

primer that does not comply with the VOC content limits specified in Table 44-1 of this section

provided that such manufacturer or distributor makes and keeps records demonstrating:

(A) The adhesive, sealant, adhesive primer or sealant primer is intended for shipment

and use outside of the State of Connecticut; and

The manufacturer or distributor has taken reasonable precautions to assure that

the adhesive, sealant, adhesive primer Or sealant primer is not distributed to or

within the State of ConnectiCut.

(6) Subdivision (5) of this subsection shall not apply to any manufacturer or distributor who

sells, supplies or offers for sale any adhesive, sealant, adhesive primer or sealant primer to a

retail outlet in the State of Connecticut.

(7) The VOC content limits of Table 44-1 of this section shall not apply to the sale of any

adhesive, sealant, adhesive primer or sealant primer to a person using add-on air pollution

control equipment to control emissions of VOC from such adhesive, sealant, adhesive primer or

sealant primer at the stationary source, if the add-on air pollution control equipment meets the

requirements of subsection (d)(6) of this section.

(8) This section shall not apply to the use of any adhesive, sealant, adhesive primer, sealant

primer, cleanup solvent or surface preparation solvent at a private residence for non-commercial

purposes.
(9) The requirements of this section shall not apply to any adhesive, sealant, adhesive primer,

sealant primer, cleanup solvent or surface preparation solvent that is distributed or transfen’ed by

a branch of the United States military to, from or within a premises operated by that branch of

the United States military.

(10) The requirements of this section shall apply to the use of single-ply roof membrane

installation or repair adhesive, single-ply roof membrane sealant and single-ply roof membrane

adhesive primer on the following schedule:

(A) For the year 2009, from June 1 through August 31;

(B) For the years 2010 and 2011, from May 1 through September 30; and

(C) On and after January 1, 2012.

(11) The requirements of this section shall not apply to any manufacturer or distributor who

sells, supplies or offers for sale any single-ply roof membrane installation or repair adhesive,

single-ply roof membrane sealant or single-ply roof membrane adhesive primer prior to January

1, 2012.

(d) Standards.

(1) Except as provided in subsections (c) and (d)(6) of this section, on or after January 1,

2009, no person shall sell, supply or offer for sate for use in the State of Connecticut any

adhesive, sealant, adhesive primer or sealant primer manufactured on or after January 1, 2009

unless such adhesive, sealant, adhesive primer or sealant primer complies with the applicable

VOC content limits specified in Table 44-1 of this section and the applicable requirements of this

subsection.

(2) Except as provided in subsections (c) and (d)(6) of thls section, on or after January 1,

2009, no person shall manufacture for sale for use in the State of Connecticut any adhesive,

sealant, adhesive primer or sealant primer unless such adhesive, sealant, adhesive primer or

sealant primer complies with the applicable VOC content limits specified in Table 44-1 of this

section and the applicable requirements of this subsection.

(3) Except as provided in subsections (c)(1) through (c)(4), (c)(7), (e)(9), (c)(10), (c)(t 1) and

(d)(6) of this section, on or after Janum’y 1, 2009, no person shall use or apply, or solicit the use

or application of, any adhesive, sealant, adhesive primer or sealant primer within the State of

Connecticut unless such adhesive, sealant, adhesive primer or sealant primer as applied complies

with the applicable VOC content limits specified in Table 44-1 or Table 44-2 of this section and

the applicable requirements of this subsection.

(4) For adhesives, the VOC content limits of Tables 44-1 and 44-2 of this section shall apply

as follows:

If a person uses an adhesive_subject to a specific VOC content limit in Table 44-1,

such specific limit shall apply, and no limit in Table 44-2 shall apply; and
9

03) If an adhesive is not listed in Table 44-1, a VOC content limit in Table 44-2 shall

apply based on the substrate bonded by the adhesive. If an adhesive is used to

bond two different substrates together, the substrate assigned the higher VOC

content limit shall apply to such use.

(5) Any person using adhesives, sealants, adhesive primers, sealant primers, surface

preparation solvents or clean-up solvents subject to this section shall store or dispose ofalt

absorbent materials, such as cloth or paper, which are moistened with such adhesives, sealants,

primers or solvents, in non-absorbent containers that shall be closed except when placing

materials in or removing materials from the container.

(6) A person using an adhesive, sealant, adhesive primer or sealant primer subject to this

section may comply with the VOC content limits of Tables 44-1 and 44-2 of this section using

add-on air pollution control equipment if such equipment meets the following requirements:

(A) The VOC emissions from the use of all adhesives, sealants, adhesive primers or

sealant primers subject to this section are reduced by an overall capture and

control efficiency of at least 85%, by weight;

03) The combustion temperature is monitored continuously if a thermal incinerator is

operated;

(C) Inlet and exhaust gas temperatures are monitored continuously if a catalytic

incinerator is operated;

(D) The VOC concentration of the inlet and exhaust gas is measured continuously if a

carbon absorber or control device other than a thermal or catalytic incinerator is

operated; and

(E) Operational records sufficient to demonstrate compliance with the requirements

of this subdivision are maintained as required by subsection (t) of this section.

(7) Any person using a surface preparation solvent shall:

(A) Except as provided in subparagraph (B) of this subdivision for single-ply roofing,

limit the VOC content of surface preparation solvent used to less than 70 grams

per liter; or

(B) If a surface preparation solvent is used in applying single-ply roofing, limit the

composite vapor pressure, excluding water and exempt compounds, of the surface

preparation solvent used to less than or equal to 45 mmHg at 20 degrees Celsius.

(8) Any person using a cleanup solvent shall:

(A) Except as provided in subparagraph (B) of this subdivision, limit the composite

vapor pressure of a cleanup solvent to less than 45 mmHg at 20 degrees Celsius;

or
10

When cleaning spray application equipment, perform the removal of an adhesive,

sealant, adhesive primer or sealant primer from the parts of spray application

equipment in accordance with either subparagraph (i) or (ii), as follows:

0) In an enclosed cleaning system, or equivalent cleaning system as

determined by the test method identified in subsection (e)(4) of this

section, or

(ii) Using a solvent with a VOC content less than or equal to 70 grams of

VOC per liter. As necessary, parts containing dried adhesive may be

soaked in a solvent if the composite vapor pressure of the solvent,

excluding water and exempt compounds, is less than or equal to

9.5 mmHg at 20 degrees Celsius, and the parts and solvent are in a closed

container that remains closed except when adding parts to or removing

parts from the container.

(9) No person who applies or solicits the application of any adhesive, sealant, adhesive

primer or sealant primer subject to this section shall add solvent to such adhesive, sealant or

primer in an amount in excess of the manufacturer’s recommendation for application, if such

addition causes the adhesive, sealant or primer to exceed the applicable V OC content limit of this

section.

(e) Compliance procedures and test methods.

(1) Any person who sells, supplies, offers for sale or manufactures an adhesive, sealant,

adhesive primer or sealant primer subject to this section on or after January 1, 2009 for sale in

the State of Connecticut shall possess documentation that such adhesive, sealant, adhesive primer

or sealant primer complies with the VOC content limits of Table 44-I of this section, where the

VOC content is determined according to the requirements of subdiviSions (2) and (3) of this

subsection. For single-ply roof membrane installation or repair adhesive, single-ply roof

membrane sealant and single-ply roof membrane adhesive primer, such documentation is

required on and after January 1, 2012.

(2) The VOC content (grams per liter and percent by weight) of adhesive, sealant, primer and

solvent products subject to this section, shall be determined according to the following

calculations:

For products that do not contain reactive diluents, grams of VOC per liter of

product thinned to the manufacturer’s recommendation, less water and exempt

compounds, shall be calculated according to the following equation:

Grams of VOC per liter of product =

Where

Ww =

We

weight of volatile compounds, in grams

weight of water, in grams

weight of exempt compounds, in grams

volume of product, as supplied, in liters
11

gw volume of water, in liters

volume of exempt compounds, in liters;

For products that contain reactive diluents, the VOC content of the product is

determined after curing. The grams of VOC per liter of product thinned to the

manufacturer’s recommendation, less water and exempt compounds, shall be

calculated according to the following equation:

Grams of VOC per liter of product = Wrs- Wm4,- Wre

Vrm - V~ - Vre

Where

Wrw=

Wre =

Vre=

weight of volatile compounds not consumed during curing, in

grams

weight of water not consumed during curing, in grams

weight of exempt compounds not consumed during curing, in

grams

volume of product, as supplied, not consumed during curing, in

liters

volume of water not consumed during curing, in liters

volume of exempt compounds not consumed during curing, in

liters;

(c) Grams of VOC per liter of product thimaed to the manufactarer’s recommendation

shall be calculated according to the following equation:

Grams of VOC per liter of product = Ws - Ww - We

Vm

Where

Ww

We =

Vm =

weight of volatile compounds, in grams

weight of water, in grams

weight of exempt compounds, in grams

volume of product, in liters; and

(D) Percent VOC by weight shall be calculated according to the following equation:

% VOC by weight = [(Wv / W)] x 100

Where

Wv --

W =

weight of VOCs in grams

weight of product in grams

(3) The following procedures shall be used to determine the properties of the specified

adhesives, sealants, primers, solvents or components thereof in order to perform the calculations

required pursuant to subdivision (2) of this subsection or to verify calculations based on

formulation data:
12

(B)

(C)

Except as provided in subparagraphs (C), (D) and (E) of this subdivision, the

VOC and solids content of all adhesives, adhesive primers, sealants, sealant

primers, surface preparation solvents and cleanup solvents shall be determined

using 40 CFR 60, Appendix A, Reference Method 24, or SCAQMD Method 304;

The volatile organic content of exempt organic compounds shall be determined

using ASTM D4457-02 or the most cun’ent version of such test, as applicable;

The VOC content of any plastic welding cement adhesive or primer shall be

determined using SCAQMD Method 316A;

The amount of reactive diluent in a product shall be determined using SCAQMD

Method 316A;

The composite vapor pressure of volatile organic compounds in surface

preparation solvents and cleanup solvents shall be detelrnined by quantifying the

amount of each compound in the blend using gas ctu’omatographic analysis

(ASTM E260-96(2006) or the most current version of such test) for organics and

ASTM D3792-05 or the most current version of such test, for water content, as

applicable, and the following equation:

Ppc =

n n n

[ ~] (Wi)(Vpi) / Mwi ] / [ (Ww/Mww) + ~,, (We / Mwe) + Z (Wi / Mwi) ]

i-1 i =1 i =1

Where

Ppc = VOC composite partial pressure at 20 degrees C, in mmHg

Wi = Weight of the "i"th VOC compound, in grams, as determined by ASTM

E260-96(2006) or the most current version of such test

Vpi = Vapor pressure of the "i"th VOC compound at 20 degrees C, in mmHg, as

determined by subparagraph (F) of this subdivision

Mwi = Molecular weight of the "i"th VOC compound, in grams per g-mole, as

given in chemical reference literature

Ww = Weight of water, in grams as determined by ASTM D3792-05 or the most

current version of such test

Mww = Molecular weight of water, 18 grams per g-mole

We = Weight of the "i"th exempt compound, in grams, as determined by

ASTM E260-96(2006) or the most current version of such test

Mwe = Molecular weight of the "i"th exempt compound, in grams per g-mole, as

given in chemical reference literature
13

(F) The vapor pressure of each single component compound may be determined from

ASTM D2879-97(2007), or the most current version of such test, or may be

obtained from any of the following sources:

The most recent edition of The Vapor Pressure of Pm’e Substances,

Boublik, Fried, and Hala, eds., Elsevier Scientific Publishing Company,

New York,

(ii) The most recent edition of Perry’s Chemical Engineer’s Handbook,

McGraw-Hill Book Company,

(iii) The most recent edition of CRC Handbook of Chemistry and Physics,

Chemical Rubber Publishing Company,

(iv) The most recent edition of Lange’s Handbook of ChemisOy, John Dean,

editor, McGraw-Hill Book Company, or

(v) Additional sources approved for this purpose by the Commissioner.

(4) The active and passive solvent losses from spray gun cleaning systems shall be

determined using SCAQMD’s "General Test Method for Determining Solvent Losses from Spray

Gun Cleaning Systems," dated October 3, 1989. The test solvent for this deternfination shall be

any lacquer thinner with a minimum vapor pressure of 105 mm of rig at 20 degrees Celsius, and

the minimum test temperature shall be 15 degrees Celsius.

(5) Control device efficiency shall be measured in accordance with 40 CFR 60 Appendix A,

Reference Methods 18, 25, 25A and 25B or CARB Method 100.

(6) If the organization responsible for preparing any reference or test method identified in

this subsection replaces that method with an equivalent method, then either the identified method

or its replacement may be used for the purposes of this section.

(f) Record keeping and reporting requirements.

(1) Except as provided in subsection (c)(8) of this section, or except if add-on air pollution

control equipment is used to comply with the VOC content limits of Tabtes 44-1 or 44-2 of this

section, as provided in subsection (d)(6) of this section, and records are maintained as required in

subsection (0(2) of this section, each person subject to this section shall maintain records of the

information necessary and sufficient for the Commissioner to determine compliance with the

applicable requirements of this section. Such information may include:

A list of each adhesive, sealant, adhesive primer, sealant primer, cleanup solvent

and surface preparation solvent in use and in storage;

(B) Identification of each adhesive, sealant, adhesive primer, sealant primer, cleanup

solvent and sm’face preparation solvent by product name and description;

(c) The VOC content of each adhesive, sealant, adhesive primer, sealant primer,

cleanup solvent and surface preparation ~olvent product as supplied;
14

(D) The mix ratio of any catalysts, reducers or other components used;

(E) The final VOC content or vapor pressure of each adhesive, sealant, adhesive

primer, sealant primer, cleanup solvent and surface preparation solvent, as

applied; or

The monthly volume of each adhesive, sealant, adhesive primer, sealant primer,

cleanup solvent or surface preparation solvent used.

(2) Any person who complies with the VOC content limits of Table 44-1 or Table 44-2 of

this section through the use of add-on air pollution control equipment shall record the key

operating parameters for the control equipment, including but not limited to, the following

information:

(A) . The volume used per day of each adhesive, sealant, adhesive primer, sealant

primer or solvent that is subject to a VOC content limit in Table 44-1 or

Table 44-2 of this section and that exceeds such a limit;

(B) On a daily basis, the combustion temperature, inlet and exhaust gas temperatures

and control device efficiency, as appropriate, pursuant to subsection (d)(6) of this

section;

(C) Daily hours of control equipment operation;

(D) All maintenance performed on control equipment including the date and type of

maintenance; and

(E) Records documenting that such equipment is operated in compliance with the

control and capture efficiency requirement of subsection (d)(6) of this section.

(3) All records made to determine compliance with this section shall be maintained on the

premises for five years from the date such record is created and shall be made available to the

Commissioner within 90 days of a request.

(4) For adhesives, sealants, adhesive primers and sealant primers subject to the laboratory

testing exemption of subsection (c)(1)(A) of this section, the person conducting the testing shall

make and maintain records of all such adhesives, sealants, primers and solvents used in the

preparation or evaluation process, including, as appropriate, the product name, manufacturer and

description.

(5) Upon written notice, the Commissioner may require any person subject to this section to

report information sufficient to determine compliance with the applicable requirements of this

section.

(6) Any document submitted to the Commissioner pursuant to this section shall include a

certification signed by an individual identified in section 22a-174-2a(a)(1) of the Regulations of

Connecticut State Agencies, and by the individual or individuals responsible for actually

preparing such document, each of whom shall examine and be familiar with the information
15

submitted in the document and all attachments thereto, and shall make inquil2¢ of those

individuals responsible for obtaining the infola’nation to determine that the information is true,

accurate, and complete, and each of whoin shall cel~ify in writing as follows:

"I have personally examined and am familiar with the information submitted in tins

document and all attachments thereto, and I certify that based on reasonable

investigation, including my inquiry of those individuals responsible for obtaining the

information, the submitted information is true, accurate and complete to the best of my

knowledge and belief. I understand that any false statement made in the submitted

information may be punishable as a criminal offense under section 22a-175 of the

Connecticut General Statutes, under section 53a-157b of the Connecticut General

Statutes, and in accordance with any applicable statute."

(g) Container labeling.

(1) As of January 1, 2009, each manufacturer of an adhesive, sealant, adhesive primer or

sealant primer subject to a VOC content limit in Table 44-1 of this section shall display the

following infolanation on the container or label for such adhesive, sealant, adhesive primer or

sealant primer:

(A) The category name of the product;

A statement of the manufacturer’s reconmaendation regarding thinning, reducing

or mixing, where:

(i) A statement is not required for thinning, reducing or mixing with water,

and

If thinning prior to use is not necessary, the recommendation shall specify

that the product is to be applied as supplied;

(c)The maximum or the actual VOC content as supplied, displayed in grams of VOC

per liter of product; and

The maximum or the aetual VOC content as applied in accordance with the

manufacturer’s recommendation regarding thinning, reducing or mixing,

displayed in grams of VOC per liter of applied product.

(2) The VOC content of an adhesive, sealant, adhesive primer or sealant primer shall be

calculated using the mannfacturer’s formulation data or determined using the calculations,

procedm’es and test methods in subsection (e) of tiNs section.

(3) Any person applying an adhesive, sealant, adhesive primer or sealant primer subject to a

VOC content lilnit in Tables 44-t or 44-2 of this section may rely on the manufacturer’s

representation on the container or label, if such product is applied as recommended for a use

specified on the container or label.
16

Table 44-1. As Applied VOC Content Limits for Adhesives, Sealants, Adhesive Primers and Sealant Primers

Adhesive, sealant, adhesive primer or As applied VOC Date on which standard applies

sealant primer category content limit

(g VOC/L)

Adhesives

ABS welding 400 January i,2009

Ceramic tile installation 130 January 1, 2009

Computer diskette jacket manufacturing 850 January 1, 2009

Contact bond 250 January 1, 2009

Cove base installation 150 January 1,2009

CPVC welding 490 January 1, 2009

Indoor floor covering installation 150 January 1, 2009

Metal-to-elastomer molding or casting 850 January 1, 2009

Muhipurpose construction 200 January 1, 2009

Nonmembrane roof installation or repair 300 January 1, 2009

Plastic cement welding 510 January 1, 2009

Outdoor floor dovering installation 250 Janua~ i, 2009

PVC welding 510 January 1,2009

Single-ply roof memb~:ane installation or 250 For 2009: June 1 through August 31;

repair For 2010 & 2011: May 1 through

September 30; and

On and al~er January i, 2012.

Structural glazing 100 January 1, 2009

Thin metal laminating 780 January 1, 2009

Tim re~ead 100 - January 1, 2009

Perilneter bonded sheet vinyl flooring 660 January 1, 2009

installation

Waterproof resorcinol glue 170 January 1,2009

Sheet-applied rubber installation 850 January 1, 2009

Sealants

Architectural 250 January 1, 2009

Marine deck 760 January 1, 2009

Nonmembrane roof installation or repair 300 January I, 2009

Roadway 250 January 1, 2009

Single-ply roof membrane 450 For 2009: June 1 through August 31;

For 2010 & 2011: May 1 through

September 30; and

On and aider January 1, 2012 ̄

Other 420 January 1, 2009

Adhesive primers

Automotive glass 700 January 1,2009

Plastic cement welding 650 January 1,2009

Single-ply roof membrane 250 For 2009: June 1 through August 31;

For2010 &2011: May 1 through

September 30; and

On and after January 1, 2012.

Traffic marking tape 150 January I, 2009

Other 250 January i, 2009

Sealant primers

Non-porous architectural 250 January 1,2009

Porous architectural 775 January 1, 2009

Marine deck 760 January 1, 2009

Other 750 January 1, 2009
17

Table 44-2. As Applied VOC Content Limits for Adhesives Applied to the Listed Substrate

Substrate As applied VOC content

limit

(grams VOC per liter)

Flexible vinyl 250

Fiberglass 200

Metal 3O

Porous material 120

Rubber 250

Other substrates 250

Statement of Purpose: This new section of the air quality regulations limits emissions of

volatile organic compounds (VOCs) from adhesives, sealants and primers. This section achieves

VOC reductions ttu’ough two basic components: sale and manufacture restrictions that limit the

VOC content of specified adhesives, sealants and primers sold in the state; and use restrictions

that, in general, apply to commercial!industrial operi~tions such as wood product manufacturers,

upholstel~¢ shops, adhesives retailers and architectural trades, such as building construction, floor

covering installation and roof repair. By reducing the availability of higher VOC content

adhesives and sealants within the state, the sales prohibition is also intended to address adhesive

and sealant usage at area sources. In addition to the VOC content limits and use requirements,

this section includes requirements for cleanup and preparation solvents and a compliance

alternative in the form of add-on air pollution control equipment.

This section is based on a model rule of the Ozone Transport Commission, which is, in turn,

based on a reasonably available control technology determination prepared by the California Air

Resources Board (CARB) in 1998. In the years 1998-2001, the provisions of the CARB

determination were adopted in regulatory form in various air pollution control districts in

California.

The associated emissions reductions, which are estimated to be nearly 4 tons per summer day,

will support attai~maent of the 1997 and 2008 national ambient air quality standards for ozone.