P age 1 of 58 Revised Express Terms Part 228, Surface Coating Processes , Commercial and Industrial Adhesives, Sealants and Primers Existing Part 228 , Surface Coating is re -numbered and revised as Subpart 228 - 1 below. Add new Subpart 228 - 2 , Commercial and Industrial Adhesives, Sealants and Primers below . [P art 228 ] Subpart 228 - 1 Surface Coating Processes Section [228.1] 228 - 1.1 Permit Requirements and applicability a) ‘ Permit requirements ’ . Every owner or operator of a facility c ontaining a coating line describe d in T able 1 of section [ 228.7 ] 228 - 1.7 or in T able 2 of section [ 228.8 ] 228 - 1.8 of this [Part] Subpart and which meets the applicability

criteria set forth in subdivision (b) or (c) of this section must apply f or a Title V facility permit, a State facility permit or a registration under Part 201, Permits and Registrations, of this Title as appropriate. Every

owner or operator of a facility applying for a Title V facility p ermit or State facility

p ermit must: (1) identify the method(s) (‘ e.g.’ , sampling, testing, etc.), if any, that will be used to comply with the requirements of this [Part] Subpart ; (2) where applicable, provide a process specific reasonably available control technology (RACT) determination under subdivision [228.3(e)] 228 - 1.3(e) of this [Part] Subpart unless the RACT demonstration has already b een approved by

the department and the administrator and a reevaluation frequency f or the RACT determination is included in the facility's existing Title V facility p ermit or State facility

permit; andP age 2 of 58

(3) where applicable, submit evidence to demonstrate that the shutdown of a natural gas fired VOC incinerator pursuant to section [ 228.3(b) ] 228 - 1.3(b) of this [Part] Subpart will not jeopardize air quality . (b) Except as provided in subdivision (e) of this section, every owner or operator of a facility c ontaining a coating line described in paragraphs (1) through (5) of this subdivision must comply with the provisions of this Part, applicable to relevant coating line, upon start-up:

(1) a coating line listed in Table 1 of section [228.7] 228 - 1.7 or in Table 2 of section [228.8] 228 - 1.8 of this [Part] Subpart and located in the New York City metropolitan area; (2) a coating line listed in Table 1 of section [228.7] 228 - 1.7 of this [Part] Subpart and located in the Lower Orange County metropolitan area, for which the annual potential to emit volatile organic compounds (VOCs) from all sources at the facility, regardless of process ty pe but excluding combustion installations, equal or exceeds 10 tons; (3) a coating line listed in Table 2 of section [228.8] 228 - 1.8 of this [Part] Subpart and located in Lower Orange County

metropolitan area, for which the annual potential to emit VOCs from all sources at the facility, regardless of process ty p e but excluding combustion installations, equals or exceeds 25 tons; (4) a coating line listed in Table 1 of section [228.7] 228 - 1.7 of this [Part] Subpart and located outside the New York City metropolitan area and the Lower Orange County metropolitan area, for which the annual potential to emit VOCs from all sources at the facility, regardless of process ty pe but excluding combustion installations, equals or exceeds 10 tons; andP age 3 of 58

(5) a coating line listed in Table 2 of section [228.8] 228 - 1.8 of this [Part] Subpart and located outside the New York City m etropolitan area and Lower Orange County metropolitan area, for which the annual potential to emit VOCs from all sources at the facility, regardless of process ty pe but excluding combustion installations, equals or exceeds 50 tons. (c) Every owner or operator of a facility that applies mobile equipment repair and refinishing or colormatched coatings to mobile equipment or mobile equipment components regardless of the facility's location or annual potential to emit VOCs must be in compliance with this [Part] Subpart by January 1, 2005. (d) Any coating line that is or becomes subject to the provisions of this [Part] Subpart , will remain subject to these provisions even if the annual potential to emit VOCs for the facility l ater falls below the thresholds set forth in subdivision (b) of this section. (e) This [ Part] Subpart does not apply to the following: (1) research and development processes involving surface coatings which produce a product f or study rather than eventual sale; (2) adhesives and materials used to prepare a surface for adhesion where the coating is manually applied without the use of mechanical means; (3) sealant or filler used to seal or fill seams, joints, holes and minor imperfections of the surface where the coating is manually applied without the use of mechanical means; (4) anti - corrosive wax and heat resistant anti - corrosive coatings used in the manufacture of automobile door opening seams and floor pans respectively;P age 4 of 58

(5) clear or translucent coatings, applied to clear or translucent plastic substrates which are utilized in the manufacture of back- lighted outdoor signs; (6) coatings which are applied manually with a brush, roller, or an aerosol spray can; (7) aerospace coatings which are utilized for pretreatment, adhesive bonding primers, flight testing, fuel tanks, electric/radiation effects, space vehicles and temporary mechanical maskant/high temperature heat treatment; (8) clear and pearlescent co atings applied to plastic fashion items such as beads, buttons, buckles or other plastic accessories; (9) coatings used in the manufacture of optical lenses at a facility whose annual potential to emit VOCs is 10 tons or less; (10) reflective coating s applied to highway cones; (11) electromagnetic interference/radio frequency interference (EM I/RFI) coatings applied on plastic electronic equipment to provide shielding against electromagnetic interference, or static charge; (12) electric dissipating coatings that rapidly dissipate a high-voltage electric charge applied on plastic parts; (13) low-use surface coatings used for intermittent or spec ialty- ty pe operations, where the combined facility-wide total usage is 55 gallons or less on a 12 -month rolling basis. Records of low -use surface coatings usage must be maintained on an as used basis in a format acceptable to the department in accordance with the recordkeeping provisions of section [ 228.5 ] 228 - 1.5 of this [Part] Subpart . Motor vehicle refini shing coating lines may qualify f or this exemption prior to January 1 , 2005. Beginning January 1, 2005, mobile equipment repair and refinishing or color matched coating lines will not qualify for this exemption;P age 5 of 58

(14) mobile equipment repair and refinishing or color-matched coatings applied to mobile equipment or mobile equipment components if the person applying the coatings does not receive compensation; (15) powder coatings; (16) prior to January

1, 2005, mobile vehicle refinishing where the fac ility : (i) applies coatings using high volume low pressure spraying with a maximum cap pressure of 10.0 psig; (ii) cleans spray

guns using techniques that minimize VOCs emissions; (iii) uses coatings that do not exceed the appropriate VOC content limits in Table 2 of section [ 228.8 ] 228 - 1.8 of this [Part] Subpart ; (iv) exhausts emissions into appropriate emission control equipment; (v) applies coatings to work areas that do not exceed 9.0 square feet; and (vi) uses a quantity of coatings and cleaning solvents on an annual basis that does not exceed 55 gallons. The owner or operator of the facility must retain for five years records of the quantity of coatings and cleaning solvents used on an annual basis; and (17) beginning January 1, 2005, mobile equipment repair and refinishing or color-matched coatings where the facility:

(i) applies coatings using high volume low pressure spraying with a maximum cap pressure of 10.0 psig; (ii) cleans spray

guns using techniques that minimize VOC emissions;P age 6 of 58 (iii) uses coatings that do not exceed the appropriate VOC content limits in Table 2 of section [ 228.8 ] 228 - 1.8 of this [Part] Subpart ; (iv) exhausts emissions into appropriate emission control equipment; (v) applies coatings to work areas that do not exceed 9.0 square feet; and (vi) uses a quantity of coatings and cleaning solvents on an annual basis that does not exceed 55 gallons. The owner or operator of the facility must retain for five years records of the quantity of coatings and cleaning solvents used on an annual basis.

Section [ 228.2 ] 228 - 1.2 Definitions (a) To the extent that they are not inconsistent with the specific definitions in subdivision (b) of this section, the general definitions of Part 200 of this Title apply . (b) For the purposes of this [ Part] Subpart , the following specific definitions apply : (1) ‘ Aerospace coating ’ . A material applied to an aerospace vehicle or component to form a decorative, protective, functional solid film or the solid film itself. (2) ‘ Airless spray ’ . A spray c oating method in which the coating is atomized by f orcing it through a small nozzle opening at high pressure and which is not mixed with air before exiting from the nozzle opening. (3) ‘ Automotive elastomeric coating ’ . A coating designed for application over flexible mobile equipment surfaces and mobile equipment components, such as elastomeric bumpers. (4) ‘ Automotive jambing clearcoat ’ . A fast- drying, ready-to - spray c learcoat applied to surface s such as door jambs and trunk and hood edges to allow for quick closure.P age 7 of 58

(5) ‘ Automotive lacquer ’ . A thermoplastic coating applied directly to bare metal of mobile equipment surfaces and mobile equipment components which dries primarily b y VOC solvent evaporation, and is re - soluble in its original VOC solvent. (6) ‘ Automotive low- gloss coating ’ . A coating which exhibits a gloss reading less than or equal to 25 on a 60 degree glossmeter. (7 ) ‘ Automotive multi - colored topcoat ’ . A topcoat that exhib its more than one color, is packaged in a single container, and camouflages surface defects on areas of heavy use, such as cargo beds and other surfaces of trucks and other utility vehicles. (8) ‘ Automotive pretreatment primer ’ . A primer that contains a minimum of 0.5 percent acid, by weight, that is applied directly to bare metal surfaces of mobile equipment surfaces and mobile equipment components to provide corrosion resistance and to promote adhesion of subsequent coatings. (9) ‘ Automotive primer- sealer ’ . A coating applied to mobile equipment and mobile equipment components prior to the application of a topcoat for the purpose of providing corrosion resistance, promoting adhesion of subsequent coatings, promoting color uniformity, and promoting the ability o f the undercoat to resist penetration by the topcoat. (10) ‘ Automotive primer surfacer ’ . A coating applied to mobile equipment and mobile equipment components prior to the application of topcoat for the purpose of filling surface imperfe ctions in the substrate, providing corrosion resistance, or promoting adhesion of subsequent coatings. (11) ‘ Automotive specialty coatings ’ . Coatings including but not limited to: elastomeric coatings, adhesion promoters, low - gloss coatings, bright metal trim repair coatings, jambing clearcoats, impact resistant coatings, rubberized asphaltic underbody coatings, uniform finish blenders, and weld-throughP age 8 of 58

primers applied to automotive surfaces; and automotive lacquer topcoats applied to a classic motor vehicle or motor vehicle components. (12) ‘ Automotive topcoat ’ . A coating or series of coatings applied over an automotive primersurfacer, automotive primer- sealer or existing finish on mobile equipment and mobile equipment components for the purpose of protection and/of beautification. (13) ‘ Automotive touch -up repair ’ . The application of automotive topcoat finish materials to cover minor finishing imperfections no greater than one inch in diameter. (14) ‘ Building enclosure ’ . A building housing process that meets the requirements of a temporary

total enclosure. 40 CFR part 51 , Appendix M, Method 204E (see T able 1, section 200.9 of this Title) is used to identify all emission points from the building enclosure and to determine which emission p oints must be tested as set forth in the EPA guidance document entitled ‘ Guidelines for Determining Capture Efficiency ’ (see T able 1, section 200.9 of this Title). (15) ‘ Capture efficiency

( CE) ’ . The fraction of all VOC vapors generated by a c oating line that is directed to a control device. (16 ) ‘ Capture System ’ . All the equipment including but not limited to: hoods, ducts, fans, booths, ovens, or dryers that contain, collect, and transport an air pollutant to a control device. (17) ‘ Certificati on ’ . Documentation furnished for coatings and adhesives as applied using EPA Method 311 or 24 as presented in Appendices A of both 40 CFR parts 63 and 60, respectively (see T able 1, section 200.9 of this Title), manufacturer's formulation data, or an alternative method approved by the administrator and the department. If there are any inconsistencies between the results of an EPA reference method test and any other means of determining the VOC content of a coating, then the EPA reference method test results will govern.P age 9 of 58

(18) ‘ Classic motor vehicle ’ . A motor vehicle manufactured before January 1 , 1988 which has been maintained in, or restored to, a condition which is substantially in conformity

with manufacturer specifications and appearance. (19) ‘ Clear coating ’ . A coating which lacks color and opacity or is transparent and uses the undercoat as a reflectant base or under-tone color. (20) ‘ Clear topcoat ’ . The final coating , which contains binders but not opaque pigments and which is specific ally

f ormulated to form a transparent or translucent solid protective film on wood furniture. (21) ‘ Coating or surface coating ’ . A material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such material s include but are not limited to: paints, varnishes, primers, sealants, adhesives, inks, and maskants. (22) ‘ Coating line ’ . The application of one or more surface coatings, using one or more applicators, together with any associated drying or curing areas. A single coating line ends after drying or curing and before other surface coatings are applied. For any web coating line this term means an entire coating application system, including any associated drying ovens or areas located between an unwind station and rewind station, that is used to apply surface coatings onto a continuous strip or web. It is not necessary

to have an oven or flash area in order to be included in this definition. (23 ) ‘ Coating s ystem ’ . A series of surface coatings applied sequentially atthe same coating line. (24) ‘ Color-matching coating ’ . A coating which is applied over a manufacturer's coating in order to, but not limited to, match colors, add designs or logos to mobile equipment and/or mobile equipment components of a company's mobile vehicle fleet.P age 10 of 58

(25 ) ‘ Container ’ . Any portable device in which a material is stored, transported, or otherwise handled. (26) ‘ Curtain coating ’ . The application of a coating to an object by moving the object through a falling curtain of coating. (27 ) ‘ Data quality

objective approach ’ . A set of approval criteria that must be met so that data from an alternative test method can be used in determining the CE of a control system as set forth in the EPA guidance document entitl ed ‘ Guidelines for Determining Capture Efficiency ’ (see T able 1, section 200.9 of this Title). (28 ) ‘ Dip coating ’ . The application of a coating by immersing an object into the coating. (29) ‘ Excluded VOC ’ . Any o f the compounds expressly excluded from the definition of volatile organic compound in section 200.1 of this Title. (30 ) ‘ Extreme performance coating ’ . A coating formulated for and exposed to harsh environmental conditions, including, but not limited to, continuous exposure to outside weather, temperatures consistently a bove 95°C, temperatures consistently b elow 0°C, solvents, detergents, abrasives, scouring agents or corrosive gases and fluids. (31 ) ‘ Flow coating ’ . The application of a coating by f lowing the coating over an object and completely

covering the surface. (32) ‘ High volume low pressure spray ’ . The application of a coating by means of a spray gun which operates between 0.1 and 10.00 pounds per square inch gauge air cap pressure. (33) ‘ Lower confidence limit approach ’ . A set of approval criteria that must be met so that data from an alternative test method can be used in determining the CE of a control system as set forth in theP age 11 of 58

EPA guidance document entitled ‘ Guidelines for Determining Capture Efficiency ’ (see T able 1, section 200.9 of this Title). (34) ‘ Manufacturer's formulation data ’ . Data on a material (such as a coating) that are supplied by the material manufacturer based on knowledge of the ingredients used to manufacture the material, rather than based on an EPA reference test method. Manufacturer's formulation data may include but are not limited to: information on density, VOC content, and coating solids content. (35) ‘ Maximum permitted pounds of VOC per gallon of coating, minus water and excluded VOC at application ’ . The permissible quantity o f VOC per gallon of coating minus water and excluded VOC at application, is specified in T ables 1 and 2 of this [Part] Subpart . The actual VOC content of the as applied coating is calculated as follows:

where: (VOC) a is the VOC content of a coating, as applied, expressed as pounds of VOC per gallon of coating minus water and excluded VOC (Wv) a is the pounds of total volatiles per gallon of an as applied coating (Ww) a is the pounds of water per gallon of an as applied coating (Vw) a is the gallons of water per gallon of an as applied coating (W e) a is the pounds of excluded VOC per gallon of an as applied coating (Ve) a is the gallons of excluded VOC per gallon of an as applied coatingP age 12 of 58

(36) ‘ Mobile equipment ’ . Equipment which may b e driven, or is capable of being driven on a roadway, including but not limited to:

(i) passenger cars, vans, sport utility vehicles; (ii) trucks, truck cabs, truck bodies and truck trailers; (iii) buses; (iv) motorcycles; (v) utility bodies; (vi) camper shells; (vii) mobile cranes; (viii) bulldozers; (ix) street cleaners; (x) golf c arts; (xi) ground support vehicles, used in support of aircraft activities at airports; and (xii) farm equipment. (37) ‘ Natural finish hardwood ply wood panels ’ . Panels whose original grain pattern , frequently supplemented by

fillers or toners, is enhanced b y essentially transparent finishes. (38) ‘ Opaque stain ’ . Any stain that contains pigments but which is not classified as a semitransparent stain, including stains, glazes, and other opaque materials applied to wood surfaces.P age 13 of 58

(39) ‘ Overall removal efficiency ’ . The total reduction of VOC emissions attributable to the use of both the capture system and the control equipment. (40) ‘ Permanent total enclosure ’ . An enclosure that meets the requirements of 40 CFR 63.805(e)(1)(i) through (iv) (s ee T able 1, section 200.9 of this Title). (41) ‘ Pigmented coat ’ . Opaque coatings, applied either as an undercoat or a topcoat, that contain binders and colored pigments , and are formulated to conceal the wood surface. (42) ‘ Plastic parts ’ . Plastic p arts are parts made from a substance that has been formed from a resin through the application of heat, pressure or both. These include but are not limited to thermoplastics and thermosets such as acryl onitrile -butadiene styrene (ABS), acrylic (AC), cellulosics, nylon, polycarbonatevinyls, xenoy, melamines, polyester (BMC), reaction injection molding (RIM), and poly urethanes (PU). These also include composites such as fiberglass -reinforced plastics (FPR), which are comprised of thermosetting or thermoplastic resins and fibers, filaments, or fine powders. (43) ‘ Powder coating ’ . Any c oating applied as dry

f inely divided solid (without solvent or other carrier) which, when melted or fused, adheres to the substrate as a paint film. (44) ‘ Printed interior panels ’ . Panels whose grain or natural surface is obscured by f illers and basecoats upon which a simulated grain or decorative pattern is printed. (45) ‘ Sealer ’ . A coating which contains binders that seal a wood surface prior to application of a subsequent coating. (46) ‘ Semi -transparent stain ’ . Stains that contain dyes and/or semi -transparent pigments and are formulated to enhance wood grain and to change the color of the surface, but not to conceal the surface; including sap stain, toner, nongrain raising stain, pad stain, spatter stain and other semi -transparent stains.P age 14 of 58

(47) ‘ Solids as applied ’ . The part of the coating which remains after the coating is dried or cured. Solids content is determined using Method 311 or Method 24 as pre sented in Appendix A of both 40 CFR parts 63 and 60, respectively (see T able 1, section 200.9 of this Title), manufacturer's formulation data, or an alternative method approved by the administrator and the department. If there are any inconsistencies b etween the results of an EPA reference method test and any other means of determining the VOC content of a coating, then the EPA reference method test results will govern. (48) ‘ Solvent ’ . A substance that is liquid at standard conditions and is used to dissolve or dilute another substance; this term includes but is not limited to: organic materials used as dissolvers, viscosity reducers, degreasing agents, or cleaning agents. Any excluded VOC is not a solvent. (49) ‘ Substrate ’ . The surface onto whi ch a coating is applied or into which a coating is impregnated. (50) ‘ Temporary

total enclosure ’ . An enclosure that meets the requirements of 40 CFR 63.805(e)(1)(i) through (iv) (see T able 1, section 200.9 of this Title), is not permanent, and is constructed only

to measure the CE of pollutants emitted from a given source. (51) ‘ Wash coat ’ . A coating which contains binders that raise wood surfaces, prevent undesired staining, and control penetration. Section [ 228.3 ] 228 - 1.3 Volatile organic compound emission control requirements (a) Use of coatings that exceed the maximum permitted pounds of VOC per gallon, minus water and excluded VOC at application specified in T able 1 of section [ 228.7 ] 228 - 1.7 or T able 2 of section [ 228.8 ] 228 - 1.8 of this [ Part] Subpart is prohibited, unless a coating system meeting the requirements of subdivision (d) of this section is utilized, control equipment meeting the requirements of subdivisions (b) and (c) of this section is installed and operated, or a process speci fic RACT variance is granted under subdivision (e) of this section.P age 15 of 58

(b) Any VOC incinerator used as control equipment must be designed and operated to provide, at a minimum, an 80 percent overall removal efficiency . The department may allow an owner or op erator of a facility which uses a natural gas fired VOC incinerator as a control device for coating lines subject to this [Part] Subpart , to shut down the VOC incinerator from November 1 st through March 31 st for the purposes of natural gas conservation, provided the department has determined that this action will not jeopardize air quality . (c) The overall removal efficiency o f an air cleaning device used as a control strategy must be determined, for every

surface coating formulation, on a solids as applie d basis using Equation 2 unless an 85 percent or greater overall removal efficiency i s achieved by

the air cleaning device. The air cleaning device must be designed and operated to provide, at a minimum, an overall removal efficiency o f either 85 percent or as determined b y Equation 2.

where: 

### η is the overall removal efficiency (VOC) c is the maximum permissible pounds of VOC per gallon of coating minus water and excluded VOC at application, as set forth in T ables 1 and 2 of this [Part] Subpart (VOC) a is the VOC content of an as applied coating, expressed as pounds of VOC per gallon of coating minus water and excluded VOC (Vn) c is the volumetric fraction of solids, expressed as gallon of solids per gallon of coating minus water and excluded VOC, in a compliant coating expressed as:P age 16 of 58

(Vv) c is the volumetric fraction of VOC, expressed as gallon of VOC per gallon of coating minus water and excluded VOC, in a compliant coating expressed as:

(Vn) a is the volumetric fraction of solids, expressed as gallon of solids per gallon of coating minus water and excluded VOC, in an as applied coating expressed as:

(Vv) a is the volumetric fraction of VOC, expressed as gallon of VOC per gallon of coating minus water and excluded VOC, in an as applied coating expressed as:

dVOC is the density

o f VOC as applied, ‘ i.e. ’ , total volatiles minus water and excluded VOC, in pounds of VOC per gallon of VOC (d) An owner or operator of a coating line which utilizes a coating system as a control strategy, which control strategy

may also employ

a control device, must comply with the following provisions:P age 17 of 58

(1) the coating system must be approved by the department prior to the use of the coating system in the manufacture of a product for sale; (2) coatings which are applied manually b y handheld spray

guns cannot be utilized in a coating system; (3) the emission differential (ED) for a coating system must be determined using the formula below. The ED for the coating system is the sum of the individual ED values calculated for every coating used in the coating system. The ED calculation requirement is to be performed each time the series of coatings in a coating system is changed. The coating system ED must be less than or equal to zero before the coating sys tem may be operated.

where: V is the actual coating volume used, minus water and excluded VOC, in gallons 

### η is the overall removal efficiency, expressed as:



### η c is the percent CE, as determined by [ section 228.5(e)(2) ] paragraph 228 - 1.5(e)(2) of this [ Part] Subpart 

### η d is the percent destruction and/or removal efficiency, as determined by [ section 228.5(f) ] subdivision 228 - 1.5(f) of this [Part] Subpart 

### η = 0, for coating s ystems without a control device and capture s ystemP age 18 of 58

dVOC = 7.36 pounds of VO C per gallon of VOC when (VOC) a = 0 and (Vn) a = 1 When [ section 228.5(e)(1) ] paragraph 228 - 1.5(e)(1) of this [ Part] Subpart applies, 

### η is the VOC solvent recovery

fraction. All other terms are defined in subdivision (c) of this section. (4) The ED f

igures for the individual coating used in the coating system must be calculated on an instantaneous basis. There is no averaging period for individual coatings which are part of a coating system; and (5) The method or instrument by which the owner or operator will measure or calculate the volume of coating applied must be approved b y the department. (e) ‘ Process specific RACT demonstrations ’ . (1) The department may allow surface coating processes to operate with a lesser degree of control than is required by this section provided that a process specific reasonably available control technology

(RACT) demonstration has been made to the satisfaction of the department. Such process specific RACT demonstrations must be submitted to the administrator f or approval as a revision to the State Implementation Plan and must address the technical and economic feasibility of: (i) utilizing compliant coating(s) and/or inks; (ii) utilizing demonstrated and proven emission control technologies which would achieve the required overall removal efficiency determined pursuant to subdivision (c) of this section;P age 19 of 58 (iii) utilizing demonstrated and proven emission control technologies which would achieve a level of overall removal efficiency less than the required level determined pursuant to subdivision (c) of this section; and (iv) utilizing demonstrated and proven production modification methods which would result in real, documented, and enforceable reductions in the VOC emissions from the pro cess. (2) Facilities with surface coating processes subject to this Part with an annual potential to emit of less than five tons of VOCs will only be required to comply

with subparagraphs (1)(i) and (iv) of this subdivision in order to demonstrate that a lesser degree of control is RACT for these processes. (f) ‘ Mobile equipment repair and refinishing or color-matched coatings ’ . (1) Beginning January

1 , 2005, a person may not apply to mobile equipment or mobile equipment components any a utomotive pretreatment primer, automotive primer- surfacer, automotive primer- sealer, automotive topcoat or automotive specialty c oatings that contain VOCs in ex cess of the limits specified in [ section 228.8 ] section 228 - 1.8 of this [ Part] Subpart . (2) Beginning January

1 , 2005, a person at a facility subject to the provisions of this subdivision must use one or more of the following application techniques to apply mobile equipment repair and refinishing or color-matched coatings listed in section [ 228.8 ] 228 - 1.8 of this [Part] Subpart :

(i) flow/curtain coating; (ii) dip coating; (iii) cotton-tipped swab application; (iv) electro - deposition coating; (v) high volume low pressure spraying;P age 20 of 58 (vi) electrostatic spray ; (vii) airless spray ; and (vi ii) other coating application methods approved by the department which can achieve emission reductions equivalent to high volume low pressure spray or electrostatic spray application methods. (3) The use of airbrush application methods for stenciling, lettering, and other identification markings are exempt from the application technique requirements listed in paragraph (2) of this subdivision. (4) The following equation must be used to determine if an automotive topcoat, containing two or more coatings, is in compliance with the VOC limits specified in section [228.8] 228 - 1.8 of this [Part] Subpart :

where:

VOCmulti is the VOC content of an as applied multi - stage topcoat, expressed as pounds of VOC per gallon of coating minus water and excluded VOC VOCbc is the VOC content of the as applied basecoat, expressed as pounds of VOC per gallon of coating minus water and excluded VOC VOCmc i is the VOC content of the as applied midcoat(s), expressed as pounds of VOC per gallon of coating minus water and excluded VOCP age 21 of 58

VOCcc is the VOC content of the as applied clearcoat, expressed as pounds of VOC per gallon of coating minus water and excluded VOC M is the number of midcoats

Section [ 228.4 ] 228 - 1.4 Opacity No person shall cause or allow emissions to the outdoor atmosphere having an average opacity of 20 percent or greater for any consecutive six -minute period from any emission source su bject to this [Part] Subpart . Section [228.5] 228 - 1.5 Reports, recordkeeping, sampling and analys is (a) The owner or operator of any emission source subject to this [Part] Subpart must maintain and, upon request, provide the department with a certification from the coating supplier/manufacturer which verifies the parameters used to determine the actual VOC content of each as applied coating, (VOC) a , used at the facility. In addition, purchase, usage and/or production records of the coating material, inc luding solvents, must be maintained in a format acceptable to the department and, upon request, these records must be submitted to the department. Any facility required to perform the overall removal efficiency c alculation set forth in Equation 2 of this Part, must maintain records to verify the parameters used in the calculation. A facility owner or operator must maintain a record that identifies each air cleaning device that has an overall removal efficiency o f at least 85 percent. Any additional infor mation required to determine compliance with this Part must be provided to the department in a format acceptable to the department. (b) The owner and operator of any emission source subject to this Part must, upon request by the department, use Method 311 or Method 24 as presented in Appendix A of both 40 CFR parts 63 and 60, respectively (see T able 1, section 200.9 of this Title), to measure the volatile content, water content, density,P age 22 of 58 volume of solids, and weight of solids in order to determine the actual VOC content of an as applied coating during a compliance demonstration. (c) When the sampling and analys is methods referenced in subdivision (b) or (f) or paragraph (e)(2) of this section are not applicable, alternate sampling and analys is methods can be used, subject to the approval of the department and the administrator. (d) Representatives of the department must be permitted, during reasonable business hours, to obtain coating samples for the purpose of determining compliance with this [Part] Subpart . (e) When a coating line utilizes control equipment to comply with the provisions of this Part, test methods acceptable to the department must be used to determine the overall removal efficiency d uring a required performance test.

(1) This determination may b e made by

directly measuring VOC/solvent recovery and VOC/solvent usage rates where VOC/solvent recovery is the only control equipment. Methods provided for in subdivision (b) or (c) of this section must be used. (2) For any

c ontrol equipment other than VOC/solvent recovery, this determination must include provisions to determine both the efficiency o f the capture system and the control equipment. The approved VOC CE test methods are provided for in the following T able. Methods 204 through 2 04F are provided for in App endix M of 40 CFR part 51 (see T able 1, section 200.9 of the Title). The approved test methods for determining the efficiency o f the control equipment are provided for in subdivision (f) of this section. Approved VOC CE Test Methods ‘Protocol’ ‘Enclosure

Verification’ ‘Liquid

Input(L)’ ‘Captured

Emissions(G) ’ ‘Fugitive

Emissions (F) or (FB)’ ‘CE Formula’ Permanent Total M204 NA NA NA Assume 100%P age 23 of 58

Enclosure Temporary Total Enclosure (gas / gas mass balance test) M204 NA M204B or M204C M204D G/(G + F) Temporary Total Enclosure (liquid / gas mass balance test) M204 M204A or M204F NA M204D (L -F)/L Building Enclosure (gas / gas mass balance test) M204 NA M204B or M204C M204E G/(G + FB) Building Enclosure (liquid / gas mass balance test) M204 M204A or M204F NA M204E (L - FB)/L

Alternative CE protocols and test methods may be allowed if the data quality objective approach or lower confidence limit approach requirements are met in conjunction with the additional criteria set f orth in the EPA guidance document entitled ‘ Guidelines for Determining Capture Efficiency ’ (see T able 1, section 200.9 of this Title). The alternative CE protocols and test methods must be approved in advance by the department. Also, the multiple line testing procedures outlined in the above guidance document can be used to determine CE if the applicable criteria are satisfied. The multiple line testing CE protocols and test methods must be approved in advance b y the department. (f) The owner and/or operator of a surface coating process must follow the applicable notification requirements, protocol requirements and test procedures of Part 202 of this Title for testing and monitoring. Depending upon conditions at a test site, one of the following test methods from Appendix A of 40 CFR part 60 (see Table 1, section 200.9 of this Title) must be used when measuring VOC concentrations of a gas stream at the inlet and outlet of a control device to determine the destruction and/or removal efficiency :P age 24 of 58

(1) Method 18, Measurement of Gaseous Organic Compound Emissions by Gas Chromatography; (2) Method 25, Determination of Total Gaseous Organic Emissions as Carbon; or (3) Method 25A, Determination of Total Gaseous Organic Concentration Using a Flame Ionization Analyz er. (g) If an air cleaning device is used, continuous monitors for the following parameters must be installed, periodically calibrated, and operated when the associated control equipment is operating:

(1) exhaust gas temperature of all incinerators; (2) temperature rise across catalytic incinerator bed; (3) breakthrough of VOCs on a carbon absorption unit; and (4) any other continuous monitoring or recording device required b y the department. (h) Every owner or operator of a facility which i s not subject to the VOC control requirements set forth in section [ 228.3 ] 228 - 1.3 of this [ Part] Subpart because its annual potential to emit VOCs is below the thresholds set forth in section [ 228.1 ] 228 - 1.1 of this [ Part] Subpart must maintain records in a format acceptable to the department that verify the facility's annual potential to emit VOCs. Upon request, these records must be submitted to the department. (i) For each ED calculation performed under [ section 228.3(d) ] subdivision 228 - 1.3(d) of thi s [ Part] Subpart , the owner or operator of the coating system must record the following and make the records available to the department upon request: the name or identification of each coating; the coating parameters used in Equation 7, the individual ED values for each coating, and the ED value calculated for the coating s ystem.P age 25 of 58

(j) Any information or record showing noncompliance with the requirements of this Part must be reported to the department within 30 days following notice or generation of the inf ormation or record. (k) All records required by this section must be maintained at the facility for a period of five years. Section [ 228.6 ] 228 - 1.6 Prohibition of sale or specification (a) No person shall sell, specify, or require for use the application of a coating on a part or product at a facility with a coating line described in T able 1 or 2 in section [ 228.7 ] 228 - 1.7 or [ 228.8 ] 228 - 1.8 of this [ Part] Subpart if such use is prohibited by any o f the provisions of this Part. The prohibition shall apply to all written or oral contracts under the terms of which any coating is to be applied to any p art or product at an affected facility . This prohibition shall not apply to the following: (1) coatings utilized at surface coating lines where control equipment has been installed to meet the maximum permitted VOC content limitations specified in T ables 1 and 2 of sections [ 228.7 ] 228 - 1.7 or [ 228.8 ] 228 - 1.8 of this [ Part] Subpart ; (2) coatings utilized at surface coating lines where a coating system is used which meets the requirements specified in [ section 228.3(d) ] subdivision 228 - 1.3(d) of this [ Part] Subpart ; and (3) coatings utilized at surface coating lines that have been granted variances for reasons of technological and economic feasibility p er [ section 228.3(e) ] subdivision 228 - 1.3(e) of this [Part] Subpart . (b) Any person selling a coating for use in a coating line subject to this Part must, upon request, provide the user with certification of the VOC content of the coating supplied.P age 26 of 58 Secti on [ 228.7 ] 228 - 1.7 Table 1 ‘Process’ ‘Description of Products’ ‘Maximum permitted pounds of VOC per gallon (minus water and excluded VOC) of coating at application’ Large appliance coating lines Residential and commercial washers, refrigerators, freezers,

water heaters, dishwashers, trash compactors, and air conditioners. 2.8

Magnet wire insulation coating lines Enameling or varnish of aluminum or copper wire for use in

electrical machinery

to create an electromagnetic field. 1.7

Metal furniture coating lines Metal parts used in household, business and institutional

furniture, including but not limited to: tables, chairs, wastebaskets, beds, lighting fixtures, shelves, room dividers, and bathroom dividers. 3.0

Sheet basec oat- exterior and interior over-varnish 2.8P age 27 of 58 Metal can coating lines Two piece can exterior (basecoat and over-varnish) 2.8

Two - and three -piece can interior body spray 4.2 Two -piece can exterior end (spray or roll coat) 4.2 Three -piece can side - seam spray 5.5 End sealing compound 3.7

Fabric coating lines Fabric coatings, including but limited to: rubber that is used

for rainwear, tents, and industrial gaskets. 2.9

Vinyl coating lines Printing, decorations or protecting coats over vinyl - coated

fabric or vinylsheets. 3.8

Paper coating lines Paper, pressure - sensitive tape regardless of substance

(including paper, fabric or plastic film) and related web coating processes on plastic film including, but not limited to: ty pewriter ribbons, photographic film, magnetic tap e, metal foil gift wrap, and packaging. 2.9P age 28 of 58 Automobile assembly coating lines Automobiles and light- duty trucks, exterior and main body sheet metal parts, excluding nonmetallic parts. Prime coat 1.9 Primer- surface 2.8 Top coats 2.8 Repair co at 4.8

Coil coating lines Flat metal sheet from a coil or roll which is coated and later

used for items, including but not limited to: cans, appliances, roof decks, siding, cars, and gutters. 2.6

Coating lines for miscellaneous metal Large farm machinery, small farm and garden machinery,

small appliances, commercial and office machinery, computer equipment, industrial machinery, fabricated metal products and any other industrial category which coats miscellaneous metal machinery, instruments or equipment, excluding all nonmetallic parts. Clear coatings 4.3P age 29 of 58 parts and products Coating application s ystem which is air dried or forced

warm air dried at temperature up to 90°C 3.5

Extreme performance coatings designed for harsh exposure or extreme environmental conditions 3.5

All other miscellaneous metal parts and products coatings 3.0

Coating lines for flat wood surface finishing Printed interior panels made of hardwood, plywood and thin

particle board 2.5 Natural finish hardwood ply wood panels 3.3 Hardboard paneling 3.6

Section [ 228.8 ] 228 - 1.8 Table 2 ‘Process’ ‘Description of Products’ ‘Maximum permitted pounds of VOC per gallon (minus water and excluded VOC) of coating at application’P age 30 of 58 Wood coating lines Coated room furnishings, including but not limited to:

cabinets (kitchen, bath and vanity), tables, chairs, beds, sofas, shutters, art objects and any other coated product made of solid wood composition or wood material. Semi -transparent stain 6.8 Wash coat 6.1 Opaque stain 4.7 Sealer 5.6 Pigmented coat 5.0 Clear topcoat 5.6

Tablet coating lines Formed pharmaceutical products, including but not limited

to : pills and capsules. 5.5

Glass coating lines Lamps, incandescent light bulbs and miscellaneous glass

prod ucts. 3.0P age 31 of 58 Fluorescent light bulbs. 4.1

Leather coating lines Leather substrates, including but not limited to: clothing,

furniture, and automobile components. 5.8

Miscellaneous plastic parts coating lines Plastic parts and products including but not limited to:

business and office machine parts, toys, sporting goods, architectural structures such as doors and window frames, automotive interior parts, automotive exterior parts (both flexible and rigid), musical equipment housings, and other miscellaneous plastic parts. Color topcoat 3.8 Clear coat 4.8

Aerospace Aerospace components, including but not limited to:

assembly parts or completed unit of any aircraft, helicopter or missile. Primer 2.9P age 32 of 58 coating lines Topcoat 5.1

Maskant for chemical processing 5.1

(Effective until January 1, 2005) Motor vehicle refinishing coating line Automobile, truck or bus coating, including but not limited

to: repair coats, repainting and touch-ups, except at automobile assembly

plants. Repair/touch-ups 6.2 Overall (coating entire vehicle) 5.0

(Effective January 1, 2005) Mobile equipment Including repainting and repair coats, excluding

automotive touch-up repair: Automotive pretreatment primer 6.5 Automotive primer- surfacer 4.8 Automotive primer- sealer 4.6 Automotive topcoat: Single stage -topcoat 5.0P age 33 of 58 repair and refinishing or color-matched coating line 2 stage basecoat/clearcoat 5.0

3 or 4 - stage basecoat/clearcoat 5.2 Multi - colored 5.7 Automotive specialty 7.0

Urethane coating lines Urethane substrates that are more than 50 micrometers

(0.002 inches) thick, except for resilient floor covering and flexible packaging. 3.8

Section [ 228.9 ] 228 - 1.9 Products regulated The “Process ” and “Description of Products ” columns in T ables 1 and 2 of sections [228.7] 228 - 1.7 and [228.8] 228 - 1.8 of this [Part] Subpart may not contain all possible products in each coating line category . F or any “Process ” and “Description of Products ” not specifically listed, the department will determine, based on inspections of the process, emission source, and product to be coated, the maximum permitted pounds of VOC per gallon, minus water and excluded VOC, of coating at application.

Section [ 228.10 ] 228 - 1.10 Handling, storage and disposal of vo latile organic compounds Within the work area(s) associated with a coating line, the owner or operator of a facility subject to this [Part] Subpart must :P age 34 of 58

(a) use closed, non - leaking containers to store or dispose of cloth or other absorbent applicators impregnated with VOC solvents that are used for surface preparation, cleanup or coating removal; (b) store in closed, non- leaking containers spent or fresh VOC solvents to be used for surface preparation, cleanup or coating removal; (c) not use VOC s olvents to cleanup spray e quipment unless equipment is used to collect the cleaning compounds and to minimize VOC evaporation; (d) not use open containers to store or dispense surface coatings and/or inks unless production, sampling, maintenance or inspection procedures require operational access. This provision does not apply to the actual device or equipment designed for the purpose of applying a coating material to a substrate. These devices may include, but are not limited to: spray guns, flow co aters, dip tanks, rollers, knife coaters, and extrusion coaters; (e) not use open containers to store or dispose of spent surface coatings, or spent VOC solvents; (f) minimize spills during the handling and transfer of coatings and VOC solvents; and (g) beginning on January 1 , 2005, clean spray

guns used to apply

mobile equipment repair and refinishing or color-matched coatings by one of the following: (1) an enclosed spray

gun cleaning s ystem that is kept closed when not in use; (2) non- atomized discharge of VOC solvent into a paint waste container that is kept closed when not in use; (3) disassembling and cleaning of the spray gun in a vat that is kept closed when not in use; orP age 35 of 58 (4) atomized spray

into a paint waste container that is fitted with a device designed to capture atomized VOC solvent emissions. Subpart 228 - 2 Commercial and Industrial Adhesives, Sealants and Primers Section 228 - 2.1 Applicability (a) Except as provided in s ection 228 - 2. 4 of this Subpart, this Subpart applies to any p erson who, on or after three months following the effective date of this Subpart , sells, supplies, offers for sale or manufactures for sale in the state of New York any c ommercial or industrial adhesive, sealant, adhesive primer or sealant primer for use in the State of New York. (b) Except as provided in s ection 228 - 2.4 of this Subpart, this Subpart applies to any p erson who, on or after three months following the effective date of this Subpart , uses or applies any commercial or industrial adhesive, sealant, adhesive primer or sealant primer. Section 228 - 2.2 Definitions (a) To the extent that they are not inconsistent with the specific definitions in subdivision 228 - 2.2(b) of this section, the general definitions of Part 200 of this Title apply . (b) For the purposes of this Subpart, the following specific definitions apply: (1) ‘ Acrylonitrile -butadiene - styrene or ABS welding adhesive ’. Acrylonitrile -butadiene - styrene or ABS welding adhesive shall mean any adhesive labeled to weld acryl onitrile -butadiene - styrene pipe, which is made b y reacting monomers of acrylonitrile, butadiene and styrene. (2) ‘ Adhesive ’. Adhesive shall mean any chemical substance that is applied for the purpose of bonding two surfaces together other than b y mechanical means. (3) ‘ Adhesive primer’. Adhesive primer shall mean any product labeled for application to a substrate, prior to the application of an adhesive, to provide a bonding surface.P age 36 of 58

(4) ‘ Aerosol adhesive ’. Aerosol adhesive shall mean an adhesive packaged as an aerosol product in which the spray

mechanism is permanently housed in a non-refillable can designed for hand-held application without the need for ancillary hoses or spray

equipment. (5) ‘ Architectural ’. Architectural shall pertain 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. (6) ‘ Automotive glass adhesive sealer ’. Automotive glass adhesive sealer shall mean any adhesive primer that improves adhesion to the pinch weld and blocks ultraviolet light and that is designed for application to automotive glass prior to installation with an adhesive/sealant. (7) ‘ Ceramic tile installation adhesive ’. Ceramic tile installation adhesive shall mean any adhesive labeled for use in the installation of ceramic tiles. (8) ‘ Chlorinated poly

vinyl chloride plastic ’ or ‘ CPVC plastic ’. Chlorinated poly vinyl chloride plastic or CPVC plastic shall mean a polymer of the vinyl chloride monomer that contains 67 percent chlorine. (9) ‘ Chlorinated poly

vinyl chloride welding adhesive ’ or ‘ CPVC welding adhesive ’. Chlorinated poly vinyl chloride welding adhesive or CPVC welding adhesive shall mean any adhesive designed for welding of poly

vinyl chloride plastic. (10) ‘ Cleanup solvent ’. Cleanup solvent shall mean a solvent used to remove excess adhesive, sealant, adhesive primer or s ealant primer from a substrate. (11 ) ‘Commercial adhesive’. Commercial adhesive shall mean an adhesive product that is sold or supplied by

the manufacturer or supplier in containers with a net volume greater than 16 fluid ounces, or a net weight greater than one pound, and is not subject to Part 235 of this Title. Commercial adhesivesP age 37 of 58

do not include products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities that are produced b y the establishment. (1 2 ) ‘ Computer diskette jacket manufacturing adhesive ’. Computer diskette jacket manufacturing adhesive shall mean any adhesive designed to glue the fold- over flaps to the body of a vinyl computer diskette jacket. (1 3 ) ‘ Contact bond adhesive ’. Contact bond adhesive shall mean 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. (1 4 ) ‘ Cove base ’. Cove base shall mean 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 to form an inside corner. ( 1 5 ) ‘ Cove base installation adhesive ’. Cove base installation adhesive shall mean any adhesive labeled for the installation of cove base or wall base on a wall or vertical surface at floor level. (1 6) ‘ Cyanoacrylate adhesive ’. Cyanoacrylate adhesive shall mean any adhesive with a cyanoacrylate content of at least 95 percent by weight. (1 7 ) ‘ Dry wall installation ’. Dry

wall installation shall mean the installation of gy psum dry wall to studs of solid surfaces using an adhesive labeled for that use. (18) ‘Existing product sell -through and use date’. The day which occurs fifteen months after the effective date of this Subpart. (19) ‘Flexible vinyl’. F lexible vinyl shall mean non-rigid polyvinylchloride plastic with a five percent b y weight plasticizer content. (20) ‘Fiberglass’. Fiberglass shall mean a material consisting of extremely fine glass fibers. (21) ‘Indoor floor covering installation adhesive’. Indoor floor covering installation adhesive shall mean any adhesive labeled for use in the installation of wood flooring, carpet, resilient tile, vinylP age 38 of 58

tile, vinyl backed carpet, resilient sheet and roll or artificial grass. Adhesives used to install ceramic tile and perimeter bonded sheet flooring are not indoor floor covering installation adhesives. (22) ‘Industrial adhesive’. Industrial adhesive shall mean a product category which includes adhesives (including adhesive primers used in conjunction with certain ty pes of adhesives) used at industrial manufacturing and repair facilities for a wide variety of products and equipment that operate adhesives application processes. (23) ‘Industrial adhesive application processes’. Industrial adhesive application processes shall include the application of the adhesives, sealants, adhesive primers or sealant primers listed in Table 1 of this Subpart and shall also include the application of other materials used for the same purposes contained in the definitions of each adhesive, sealant, adhesive primer and sealant primer in this Section. (24) ‘Laminate’. Laminate shall mean a material made by bonding two or more sheets or layers. (25) ‘Low- solids adhesive, sealant or primer’. Low- solids adhesive, sealant or primer shall mean any product that contains 120 grams or less of solids per liter of material. (26) ‘Marine deck sealant’ or ‘marine deck sealant primer’. M arine deck sealant or marine deck sealant primer shall mean any sealant or sealant primer labeled for application to wooden marine decks. (27) ‘Metal to urethane/rubber molding or casting adhesive’. M etal to urethane/rubber molding or casting adhesive shall mean any adhesive labeled to bond metal to high density or elastomeric urethane or molded rubber materials, in heater molding or casting processes, to fabricate products such as rollers for computer printers or other paper handling equipment. (28) ‘Multipurpose construction adhesive’. Multipurpose construction adhesive shall mean any adhesive labeled for use in the installation or repair of various construction materials, including but not limited to dry

wall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile and acoustical tile. (29) ‘New product compliance date’. The day which occurs three months after the effective date of this Subpart.P age 39 of 58

(30) ‘ Non-membrane roof installation/repair adhesive’. Non-membrane roof installation/repair adhesive shall mean any

adhesive labeled for use in the installation or repair of non-membrane roofs and that is not intended for the installation of prefabricated single -ply flexible roofing membrane, including, but not limited to, plastic or asphalt roof cement, asphalt roof coating and cold application cement. (31) ‘Outdoor floor covering installation adhesive’. Outdoor floor covering installation adhesive shall mean any

adhesive labeled 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. (32) ‘Panel installation’. Panel installation shall mean the installation of ply wood, pre - decorated hardboard (or tileboard), fiberglass reinforced plastic, and similar pre - decorated or non- decorated panels to studs or solid surfaces using an adhesive formulated for that purpose. (33) ‘Perimeter bonded sheet flooring installation’. P erimeter bonded sheet flooring installation shall mean the installation of sheet flooring with vinyl backing onto a nonporous substrate using an adhesive designed to be applied only to a strip of up to four inches wide around the perimeter of the sheet flo oring. (34) ‘Plastic cement welding adhesive’. P lastic cement welding adhesive shall mean any adhesive labeled for use to dissolve the surface of plastic to form a bond between mating surfaces. (35) ‘Plastic cement welding primer’. P lastic cement we lding primer shall mean any primer labeled for use to prepare plastic substrates prior to bonding or welding. (36) ‘Plastic foam’. Plastic foam shall mean foam constructed of plastics. (37) ‘Plasticizer’. P lasticizer shall mean a material, such as a high boiling point organic solvent, that is added into a hard plastic to provide a desired flexibility or pliability. (38) ‘Plastics’. P lastics shall mean any o f various organic compounds produced by poly merization, capable of being molded, extruded, cast into various shapes and films or drawn into filaments.P age 40 of 58

(39) ‘Polyvinylchloride plastic’ or ‘PVC plastic’ shall mean a poly mer of the chlorinated vinyl monomer that contains 57 percent chlorine. (40) ‘Polyvinyl chloride welding adhesive’ or ‘PVC welding adhesive’. P oly vinyl chloride welding adhesive or PVC welding adhesive shall mean any adhesive labeled for use in the welding of PVC plastic pipe. (41) ‘Porous material’. P orous material shall mean a substance that has tiny openings, often microscopic, in which fluids may b e absorbed or discharged, including, but not limited to, wood, paper and corrugated paperboard. (42) ‘Propellant’. Propellant shall mean a fluid under pressure that expels the contents of a container when a valve is opened. (43) ‘Reactive diluent’. Reactive diluent shall mean a liquid that is a reactive organic compound during application and one in that, through chemical and/or physical reactions, such as poly merization, twenty (20) percent or more of the reactive organic compound becomes an integral part of a finished material. (44) ‘Retail outlet’. Retail outlet shall mean any establishment at which adhesives, sealants and primers are sold, supplied, or offered for sale directly to consumers. (45) ‘Roadway

s ealant’. Roadway

s ealant shall mean any sealant labeled for application to public streets, highways and other surfaces, including but not limited to curbs, berms, driveways and parking lots. (46) ‘Rubber’. R

ubber shall mean any natural or manmade rubber substrate, including but not limited to, sty

rene -butadiene rubber, polychl oroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene and ethyl ene prop ylene diene terpolymer. (47) ‘Sealant primer’. S ealant primer shall mean any product labeled for application to a substrate, prior to the application of a sealant, to enhance the bonding surface.P age 41 of 58

(48) ‘Sealant’. S ealant shall mean any material with adhesive properties that is formulated primarily to fill, seal, waterproof or weatherproof gaps or joints between two surfaces. S ealants include sealant primers and caulks. (49) ‘Sheet- applied rubber installation’. S heet- applied rubber installation shall mean 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. (50) ‘Single -ply roof membrane’. S ingle -ply roof membrane shall mean a prefabricated single sheet of rubber, normally ethylene -propylenediene terpolymer, that is field applied to a building roof using one layer of membrane material. (51) ‘Single -ply roof membrane installation and repair adhesive’. Single -ply roof membrane installation and repair adhesive shall mean any adhesive labeled for use in the installation or repair of 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 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. (52) ‘Single -ply roof membrane adhesive primer’. S ingle -ply roof membrane adhesive primer shall mean any primer labeled for use to clean and promote adhesion of the single -ply roof membrane seams or splices prior to bonding. (53) ‘Single -ply

roof membrane sealant’. S ingle -ply roof membrane sealant shall mean any sealant labeled for application to single -ply roof membrane. (54) ‘Solvent’. S olvent shall mean organic compounds that are used as diluents, thinners, dissolvers, viscosity

reducers, cleaning agents or other related uses. (55) ‘Structural glazing adhesive’. S tructural glazing adhesive shall mean any adhesive labeled to apply glass, ceramic, metal, stone or composite panels to exterior building frames.P age 42 of 58

(56) ‘Subfloor installation’. S ubfloor installation shall mean the installation of subflooring material over floor joists, including the construction of any load bearing joists. (57) ‘Surface preparation solvent’. S urface preparation solvent shall mean a solvent used to remove dirt, oil and other contaminants from a substrate prior to the application of a primer, adhesive or sealant. (58) ‘Thin metal laminating adhesive’. Thin metal laminating adhesive shall mean any adhesive labeled 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. (59) ‘Tire repair’. Tire repair shall mean 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. (60) ‘Tire tread adhesive’. Tire tread adhesive shall mean any adhesive labeled for application to the back of precure tread rubber and to the casing and cushion rubber. Tire tread adhesive may also be used to seal buffed tire casings to prevent oxidation while the tire is being prepared for a new tread. (61) ‘Traffic marking tape’. Traffic marking tape shall mean preformed reflective film labeled for application to public streets, highways and other surfaces, including but not limited to curbs, berms, driveways and parking lots. (62) ‘Traffic marking tape adhesive primer’. Traffic marking tape adhesive primer shall mean any primer labeled for application to surf aces prior to installation of traffic marking tape. (63) ‘Waterproof resorcinol glue’. Waterproof resorcinol glue shall mean a two -part resorcinol resin-based adhesive designed for applications where the bond line must be resistant to conditions of continuous immersion in fresh or salt water.P age 43 of 58 Section 228 - 2.3 Requirements (a) New product requirements. Except as provided in subdivision (c) and (d) of this section and section 228 - 2.4 of this Subpart, no later than the new product compliance date, no person shall sell, supply, offer for sale, or manufacture for sale in the State of New York any commercial or industrial adhesive, sealant, adhesive primer or sealant primer manufactured on or after that date unless such adhesive, sealant, adhesive primer or sealant primer complies with the applicable VOC content limits specified in Table 1 of this section and the applicable requirements of this Subpart. (b) Limited sell -through and use of existing products. Any c ommercial or industrial adhesive, sealant, adhesive primer or sealant primer manufactured prior to three months after the effective date of this Subpart which is not in compliance with the applicable VOC content limits specified in Table 1 of this section and the applicable requirements of this Subpart, may be sold, used and/or applied, until the existing product sell -through and use date. A fter the existing product sell -through and use date, no person shall sell, use or apply any commercial or industrial adhesive, sealant, adhesive primer or s ealant primer within the State of New York which is not in compliance with this Subpart. (c) 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 -p ly roof membrane adhesive primer on the following schedule:

(1) For the ye ars 2010 and 2011, from May 1 through September 30; and (2) On and after January

1, 2012. (d) Beginning on the effective date of this Subpart, manufacturers and distributors who sell , supply or offer for sale any single -ply roof membrane installation or repair adhesive, single -ply roof membrane sealant or single -ply roof membrane adhesive primer shall be exempt from the requirements of this section from the effective date of this Subp art through December 31, 2011.P age 44 of 58

(e) The VOC content limits in Table 1 of this section for adhesives applied to particular substrates shall apply as follows: (1) If an operator uses a commercial or industrial adhesive or sealant subject to a specific VO C content limit for such adhesive or sealant in Table 1 of this section, such specific limit is applicable rather than an adhesive -to - substrate limit; and (2) If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content shall be the limit for such use. (f) Any person using a surface preparation or cleanup solvent shall: (1) except as provided in paragraph (2) of this subdivision for single -ply roofing, limit the VOC content of surface preparation solvent used to less than 70 grams per liter. (2) If a surface preparation solvent is used in applying single -ply roofing, the composite vapor pressure, excluding water and exempt compounds, of the surface preparation solvent used, shall not exceed 45 mm Hg at 20 degrees Celsius. (3) Except as provided in paragraph (4) of this subdivision, limit the composite vapor pressure of a cleanup solvent to less than 45 mm Hg at 20 degrees Celsius. (4) Perform the removal of a commercial or industrial adhesive, sealant, adhesive primer or sealant primer from the parts of spray application equipment as follows: (i) in an enclosed cleaning s ystem, or equivalent cleaning s ystem as determined by the test method identified in subdivision 228 - 2.6(h) of this Subpart; (ii) using a solvent with a VOC content less than or equal to 70 grams of VOC per liter of material, and (iii) 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 mmP age 45 of 58

Hg at 20 degrees Celsius and the parts and solvent are in a closed container that remains closed except when adding parts to or removing parts from the container. (g) A person using a commercial or industrial adhesive, sealant, adhesive primer or sealant primer subject to this Subpart, or using these materials or any other material in an industrial adhesive application process at an emission unit, must comply with the VOC content limits of Table 1 of this section or achieve compliance by

using add- on air pollution control equipment if such equipment meets the following requirements: (1) the VOC emissions from the use of all adhesives, sealants, adhesive primers or sealant primers subject to this Subpart are reduced by an overall capture and control efficiency o f at least 85 percent, b y weight; (2) the combustion temperature is monitored continuously if a thermal incinerator is operated; (3) inlet and exhaust gas temperatures are monitored continuously if a cataly

tic incinerator is operated; (4) control device efficiency i s monitored continuously i f a carbon absorber or control device other than a thermal or cataly tic incinerator is operated, and (5) operation records sufficient to demonstrate compliance with the requirements of this subdivision are maintained as required b y section 228 - 2.5 of this Subpart. (h) VOC control approaches shall be employed at facilities where the total actual VOC emissions from all industrial adhesive application processes, including related cleaning activities, equal or exceed three tons in a twelve month rolling period, before consideration of controls. These controls shall include:

(1) The following ty

pes of application equipment , with the use of low-VOC adhesives or adhesive primers: electrostatic spray ; HVLP spray ; flow coat; roll coat or hand application, including non- spray a pplication methods similar to hand or mechanically p owered caulking gun, brush, or direct hand application; dip coat (including electrodeposition); airless spray; air- assisted airless spray; anyP age 46 of 58

other adhesive application method, subject to Department approval, capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying; (2) The following work practices for storage, mixing operations, and handling operations for adhesives, thinners, and adhesive -related waste materials that:

(i) store all VOC - containing adhesives, adhesive primers, and process related waste materials in closed containers; (ii) ensure that mixing and storage containers used for VOC - containing adhesives, adhesive primers, and process related waste materials are kept closed at all times except when depositing or removing these materials; (iii) minimize spills of VOC - containing adhesives, adhesive primers, and process related waste materials; and (iv) convey

VOC - containing adhesives, adhesive primers, and process related waste materials from one location to another in closed containers or pipes. (3) The following work practices to reduce VOC emissions from cleaning materials used in industrial adhesive application processes that:

(i) store all VOC - containing cleaning materials and used shop towels in closed containers; (ii) ensure that storage containers used for VOC - containing materials are kept closed at all times except when depositing or removing these materials; (iii) minimize spills of VOC - containing cleaning materials; (iv) convey

V OC - containing cleaning materials from one location to another in closed containers or pipes; andP age 47 of 58 (v) minimize VOC emission from cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers. (i) No person shall solicit, require the use or specify the application of any

adhesive, sealant, adhesive primer, sealant primer, surface preparation or clean-up solvent if such use or application results in a violation of the provisions of this Subpart. The prohibition of this subdivision shall apply to all written or oral contracts under which any adhesive, sealant, adhesive primer, sealant primer, surface preparation or clean-up solvent subject to this Subpart is to be used at any l ocation in the State of New York.

Table 1. VOC Content Limits for Adhesives, Sealants, Adhesive Primers, Sealant Primers and Adhesives Applied to Particular Substrates Adhesive, sealant, adhesive primer or sealant primer category VOC content limit (gram s VOC per liter) Adhesives ABS welding 400 Ceramic tile installation 130 Computer diskette jacket manufacturing 850 Contact bond 250 Contact bond -- specialty substrate 250 Cove base installation 150 CPVC welding 490 Indoor floor covering install ation 150 Metal to urethane/rubber molding or casting 850 Multipurpose construction 200P age 48 of 58

Nonmembrane roof installation/repair 300 Other plastic cement welding 510 Outdoor floor covering installation 250 PVC welding 510 Single -ply roof membrane installation/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 850 Sealants Architectural 250 Marine deck 760 Nonmembrane roof installation/repair 300 Roadway 250 Single -ply roof membrane 450 Other 420 Adhesive Primers Automotive glass 700 Plastic cement welding 650P age 49 of 58

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 Adhesives Applied to the Listed Substrate Flexible vinyl 250 Fiberglass 200 Metal 30 Porous material 120 Rubber 250 Other substrates 250

Section 228 - 2 .4 Exemptions and Exceptions (a) The requirements of this Subpart shall not apply to the use or sale of the following compounds: (1) adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any research and development, quality assurance or analytical laboratory, provided that the following records are maintained as required in section 228 - 2.5 of this Subpart;P age 50 of 58

(2) adhesives, sealants, adhesive primers and sealant primers that are subject to Part 235 of this Title; (3 ) adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied; (4) cyanoacrylate adhesives; and (5) adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of one pound or less, except plastic cement welding adhesives. If two or more containers are sold as a unit, the containers in such a unit shall total no more than 16 fluid ounces or one pound, as applicable, to qualify for this exemption. (6) 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. (b) The requirements of this Subpart shall not apply to the use of adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents in the following operations:

(1) tire repair operations, provided the label of the adhe sive states “For tire repair only; ” (2) solvent welding operations used in the manufacture of medical devices; and (3) 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

p erson claiming exemption pursuant to this subparagraph shall record and maintain monthly operational records sufficient to demonstrate compliance with this exemption and in accordance with section 228 - 2.5 of this Subpart. (c) The VOC content limits of section 228 - 2.3 of this Subpart shall not apply to the use of the identified categories of compounds at the following stationary sources:P age 51 of 58

(1) Where the total VOC emissions from all adhesives, sealants, adhesive primers and sealant primers used at the emissions unit are less than 200 pounds, or an equivalent volume, per ye ar (12 -month rolling average). Emissions from cold cleaning units, vapor degreasers and aerosol products shall not be included in determining the total VOC emissions. Any p erson claiming this “low-usage exemption” pursuant to this paragraph shall record and maintain monthly operational records sufficient to demonstrate compliance with this exemption and in accordance with section 228 - 2.5 of this S ubpart. (2) Where the total volume of noncompliant commercial or industrial adhesives, sealants, adhesive primers, sealant primers, cleanup solvent and surface preparation solvent used facility-wide does not exceed 55 gallons per year (12 -month rolling average). Any person claiming this “low-usage exemption” pursuant to this paragraph shall record and maintain monthly operational records sufficient to demonstrate compliance with this exemption and in accordance with section 228 - 2.5 of this Subpart. (3) Any f acility c laiming the “low usage exemption” as described in paragraphs (1) and (2) of this subdivision must have information available, such as purchase orders, material safety data sheets, work orders, or contracts for review by the Department, that would allow the Department to verify e ligibility

f or the exemption. (d) A s a “miscellaneous exemption”, separate from the “low-usage usage exemption” as defined in paragraphs (1) and (2) above, a manufacturer or distributor who sells, supplies or offers f or sale in the State of New York any commercial or industrial adhesive, sealant, adhesive primer or sealant primer shall not be required to comply with the VOC content limits specified in Table 1 of this Section, provided that such manufacturer or distributor makes and keeps records demonstrating:

(1) the commercial or industrial adhesive, sealant, adhesive primer or sealant primer is intended for shipment and use outside of the State of New York; and (2) the manufacturer or distributor has taken reas onable precautions to assure that the adhesive, sealant, adhesive primer or sealant primer is not distributed to or within the State of New York.P age 52 of 58

(e) The exemption in subdivision (d) of this section shall not apply to any c ommercial or industrial adhes ive, sealant, adhesive primer or sealant primer that is sold, supplied or offered for sale by any p erson to a retail outlet in the State of New York. (f) The VOC content limits of Table 1 of this Section and the requirements of subdivisions 228 - 2.3 (a) and (b) of this Subpart shall not apply to the sale of any commercial or industrial adhesive, sealant, adhesive primer or sealant primer for use at an emissions unit at which add- on air pollution control equipment is used to comply with the requirements of this Subpart. (g) Process - specific RACT demonstrations . (1) The department may allow surface coating processes to operate with a lesser degree of control than is required by s ection 228 - 2.3 of this Subpart, provided the applicant makes a process speci fic reasonably available control technology (RACT) demonstration to the satisfaction of the department. Such process - specific RACT demonstrations must address the technical and economic feasibility of: (i) utilizing compliant adhesives, sealants and co atings ; (ii) utilizing demonstrated and proven emission control technologies which would achieve the required overall removal efficiency determined pursuant to subdivision 228 - 2.3 (g) of this Subpart ; (iii) utilizing demonstrated and proven emission c ontrol technologies which would achieve a level of overall removal efficiency l ess than the required level determined pursuant to subdivision 228 - 2.3 (g) of this S ubpart ; and

(iv) utilizing demonstrated and proven production modification methods which would result in real, documented, and enforceable reductions in the VOC emissions from the process. (2) Department approved process specific RACT demonstrations under this subdivision shall be submitted to the EPA Administrator for approval as State Implementation Plan revisions.P age 53 of 58 Section 228 - 2.5 Administrative Requirements (a) Each owner or operator of an emissions unit where a product subject to a VOC content limit in section 228 - 2.3 of this Subpart is used, shall maintain records demonstrating compliance with the VOC content limits of this Subpart, including, but not limited to, the following information:

(1) a list of each commercial and industrial adhesive, sealant, adhesive primer, sealant primer cleanup solvent and surface preparation solvent in us e and in storage at the emissions unit;

(2) identification of each product b y product name and description; (3) the VOC content of each product as supplied; (4) the mix ratio of any

catalysts, reducers or other components used; (5) the final VOC content or vapor pressure, as applied; and (6) the monthly

volume of each commercial or industrial adhesive, sealant, adhesive primer, sealant primer, cleanup or surface preparation solvent used at the emissions unit. (b) Any owner or operator of an emissions unit that complies with the emissions limits of Table 1 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 inf ormation: (1) the volume used per day of each adhesive, sealant, adhesive primer, sealant primer or solvent subject to a VOC content limit in Table 1 of this section; (2) on a daily basis, the combustion temperature, inlet and exhaust gas temperatures and control device efficiency, as appropriate, pursuant to subdivision 228 - 2.3(e) of this Subpart; (3) daily hours of operation; and (4) all maintenance performed including the date and ty pe of maintenance. (c) All records made to determine comp liance with this Subpart shall be maintained for five ye ars from the date such record is created and shall be made available to the Department within 90 days of a request.P age 54 of 58

(d) For adhesives, sealants, adhesive primers and sealant primers subject to the la boratory testing exemption pursuant to paragraph 228 - 2.4(a)(1) of this Subpart, the person conducting the testing shall make and maintain records of all such materials used, including, but not limited to, the product name, the product category of the material or typ e of application and the VOC content of each material. Section 228 - 2.6 Compliance Procedures and Test Methods (a) Except as provided in sections 228 - 2.3, 228 - 2.4, and 228 - 2.5 of this Subpart, the VOC and solids content of all non- aerosol adhesives, adhesive primers and cleanup solvents shall be determined using U.S. EPA Reference Method 24, as identified in 40 CFR 60, Appendix A, or SCAQMD Method 304 - 91 . (b) The organic content of exempt organic compounds shall be determined using ASTM D4457 - 02 . (c) The VOC content of any plastic welding cement adhesive or primer shall be determined using SCAQMD Method 316A- 92 . (d) To determine if a diluent is a reactive diluent, the percent of the reactive organic compound that becomes an integral part of the finished materials shall be determined using SCAQMD Method 316A- 92 . (e) The composite vapor pressure of organic compounds in cleaning materials shall be determined by quantifying the amount of each compound in the blend using gas chromatographic analys is ASTM E 260 - 96 (2006) for organics and ASTM D3792 - 05 for water content, as applicable, and the following equation: Where: n n n Ppc = 

## [ 

# Σ (W i)(Vp i) / Mwi 

## ] / [ (Ww/ Mww) + 

# Σ (We / Mwe) + 

# Σ (W i / Mwi) 

## ] i =1 i =1 i =1 Ppc = VOC composite partial pressure at 20 degrees Celsius, in mm Hg W i = Weight of the “i”th VOC compound, in grams, as determined b y ASTM E 260 - 96P age 55 of 58 Ww = Weight of water, in grams as determined b y ASTM D 3792 - 05 We = Weight of the "i"th exempt compound, in grams, as determined by ASTM E 260 - 96 Mwi = Molecular weight of the "i "th VOC compound, in grams per g -mole, as given in chemical reference literature Mww = Molecular weight of water, 18 grams per g-mole Mwe = Molecular weight of the "i"th exempt compound, in grams per g-mole, as given in chemical reference literature Vp i = Vapor pressure of the "i"th VOC compound at 20 degrees Cels ius, in mm Hg, as determined by subdivision (f) of this section (f) The vapor pressure of each single component compound may b e determined from ASTM D2879 - 97 or may be obtained from a source approved by SCAQMD, other California air districts, or the Dep artment. (g) If air pollution control equipment is used to meet the requirements of this Subpart, the owner or operator shall make the following determinations:

(1) the measurement of capture efficiency shall be conducted and reported in accordance with the EPA Technical Document ‘ Guidelines for Determining Capture Efficiency ’, issued January 9, 1995; and (2) the control efficiency shall be determined in accordance with U.S. EPA Reference Methods 25, 25A, and 25B found at 40 CFR Part 60 Appendix A, and CARB Method 100. (h) The active and passive solvent losses from spray gun cleaning systems shall be determined using SCAQMD's ‘General Test Method for Determining Solvent Lo sses from Spray Gun Cleaning Systems’, dated October 3, 1989. The test solvent for this determination shall be 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.

(i) For adhesives that do not contain reactive diluents, grams of VOC per liter of adhesive, less water and exempt compounds, shall be calculated according to the following equation:P age 56 of 58

Grams of VOC per liter of adhesive = Ws - Ww - We Vm - Vw - Ve Where: Ws = weight of volatile compounds, in grams Ww = weight of water, in grams We = weight of exempt compounds, in grams Vm = volume of material, in liters Vw = volume of water, in liters Ve = volume of exempt compounds, in liters (j) For adhesives that contain reactive diluents, the VOC content of the adhesive is determined after curing. The grams of VOC per liter of adhesive, less water and exempt compounds, shall be calculated according to the following equation: Grams of VOC per liter of adhesive = Wrs - Wrw - Wre Vrm - Vrw - Vre Where: Wrs = weight of volatile compounds not consumed during curing, in grams Wrw = weight of water not consumed during curing, in grams Wre = weight of exempt compounds not consumed during curing, in grams Vrm = volume of material not consumed during curing, in liters Vrw = volume of water not consumed during curing, in liters Vre = volume of exempt compounds not consumed during curing, in litersP age 57 of 58

(k) Grams of VOC per liter of material shall be calculated according to the fo llowing equation: Grams of VOC per liter of materials = Ws - Ww - We Vm Where: Ws = weight of volatile compounds, in grams Ww = weight of water, in grams We = weight of exempt compounds, in grams Vm = volume of material, in liters (l) Percent VOC by

weight shall be calculated according to the following equation: % VOC by

weight = [(Wv / W)] x 100 Where: Wv = weight of VOCs in grams W = weight of material in grams Section 228 - 2.7 Container Labeling (a) No later than the new product compliance date, each manufacturer of a commercial or industrial adhesive, sealant, adhesive primer or sealant primer subject to a VOC content limit in Table 1 of this section shall display

the following information on the container or label for such adhesive, sealant, adhesive primer or sealant primer: (1) The category name of the product.P age 58 of 58

(2) A statement of the manufacturer’s recommendation regarding thinning, reducing or mixing, provided: (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. (3) The maximum or the actual VOC content as supplied, displayed in grams of VOC per liter of product; and (4) 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. (b) The VOC content of a commercial or industrial 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 section 228 - 2.6 of this Subpart. (c) Any person applying a commercial or industrial adhesive, sealant, adhesive primer or sealant primer subject to a VOC content limit in Table 1 of s ection 228 - 2.3 of this Subpart 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.