PROPOSED RULEMAKING

ENVIRONMENTAL

QUALITY BOARD

[ 25 PA. CODE CHS. 121, 129 AND 130 ]

Adhesives, Sealants, Primers and Solvents

The Environmental Quality Board (Board) proposes to

amend Chapters 121 and 129 (relating to general provisions; and standards for sources) and to add Subchapter

D (relating to adhesives, sealants, primers and solvents)

to Chapter 130 (relating to standards for products), to

read as set forth in Annex A.

The proposed rulemaking will add definitions to

§ 121.1 (relating to definitions) for approximately 56 new

terms, including those that relate to the adhesive, sealant, primer and solvent product categories that will be

regulated under § 129.77 (relating to control of emissions

from the use or application of adhesives, sealants, primers and solvents) and Chapter 130, Subchapter D, and

will amend definitions for nine existing terms to provide

clarity.

The proposed rulemaking will add § 129.77 to regulate

the owner or operator of a facility or stationary source

that uses or applies, on or after April 15, 2010, a

regulated adhesive, sealant, adhesive primer or sealant

primer product. The proposal will adopt emission standards and volatile organic compound (VOC) content limits

for the industrial or commercial use or application of 37

categories of adhesive, sealant, adhesive primer or sealant primer products, and adhesive or sealant products

applied to particular substrates. The proposal will also

include requirements for the use of surface preparation

solvents and cleanup solvents. Owners and operators

using noncomplying products will have the option to use

add-on controls as a compliance alternative rather than

switching to complying products.

The proposal will add Subchapter D to Chapter 130 to

adopt emission standards and VOC content limits for the

sale, supply, offer for sale, manufacture, use or application of 37 categories of adhesive, sealant, adhesive primer

and sealant primer products; adhesive and sealant products applied to certain substrates; and surface preparation solvents and cleanup solvents. The requirements of

the proposed Chapter 130, Subchapter D, will apply to a

person who, on or after April 15, 2010, sells, supplies,

offers for sale or manufactures for sale an adhesive,

sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product for industrial or

commercial use or application in this Commonwealth. The

requirements will also apply to a person who uses or

applies, for compensation, an adhesive, sealant, adhesive

primer or sealant primer product; adhesive or sealant

products applied to particular substrates; or surface

preparation solvent or cleanup solvent products in this

Commonwealth.

This proposal was adopted by the Board at its meeting

on December 16, 2008.

A. Effective Date

This proposed rulemaking will be effective upon finalform publication in the Pennsylvania Bulletin.

B. Contact Persons

For further information contact Arleen J. Shulman,

Chief, Division of Air Resource Management, P. O. Box

8468, Rachel Carson State Office Building, Harrisburg,

PA 17105-8468, (717) 772-3436, or Kristen Campfield

Furlan, Assistant Counsel, Bureau of Regulatory Counsel,

P. O. Box 8464, Rachel Carson State Office Building,

Harrisburg, PA 17105-8464, (717) 787-7060. Information

regarding submitting comments on this proposal appears

in Section J of this preamble. Persons with a disability

may use the Pennsylvania AT&T Relay Service by calling

(800) 654-5984 (TDD users) or (800) 654-5988 (voice

users). This proposal is available electronically through

the Department of Environmental Protection’s (Department) web site at www.depweb.state.pa.us (select Public

Participation).

C. Statutory Authority

This proposed rulemaking is authorized under section

5(a)(1) of the Air Pollution Control Act (APCA) (35 P. S.

§ 4005(a)(1)), which grants the Board the authority to

adopt rules and regulations for the prevention, control,

reduction and abatement of air pollution in this Commonwealth.

D. Background and Purpose

The purpose of this proposed rulemaking is to establish

a program to limit the emissions of VOCs from the

industrial and commercial use and application of certain

adhesive, sealant, adhesive primer and sealant primer

products; adhesive and sealant products applied to certain substrates; and surface preparation solvent and

cleanup solvent products. This proposed rulemaking also

extends these product requirements to the owners or

operators of facilities that use these products as part of a

manufacturing process and provides them with an alternative compliance method of using add-on air pollution

controls in place of complying products. VOCs are a

precursor for ozone formation. Ground-level ozone is not

emitted directly by adhesives, sealants, primers and

solvents to the atmosphere, but is formed by a photochemical reaction between VOCs and nitrogen oxides

(NOx) in the presence of sunlight.

The United States Environmental Protection Agency

(EPA) is responsible for establishing National Ambient

Air Quality Standards (NAAQS) for six criteria pollutants

considered harmful to public health and the environment:

ozone, particulate matter, NOx, carbon monoxide, sulfur

dioxide and lead. The Federal Clean Air Act (42 U.S.C.

§§ 7401—7671q) established two types of NAAQS: primary standards, limits set to protect public health; and

secondary standards, limits set to protect public welfare,

including protection against visibility impairment and

from damage to animals, crops, vegetation and buildings.

In 1997, the EPA established the 8-hour ozone NAAQS, a

more protective ozone primary and secondary NAAQS to

protect public health and welfare.

When ground-level ozone is present in concentrations in

excess of the Federal health-based 8-hour NAAQS for

ozone, public health and welfare are adversely affected.

Ozone exposure correlates to increased respiratory disease and higher mortality rates. Ozone can inflame and

damage the lining of the lungs. Within a few days, the

damaged cells are shed and replaced, much like the skin

peels after sunburn. Over a long time period, lung tissue

may become permanently scarred, resulting in permanent

1636

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
loss of lung function and a lower quality of life. When

ambient ozone levels are high, more people with asthma

have attacks that require a doctor’s attention or use of

medication. Ozone also makes people more sensitive to

allergens including pet dander, pollen and dust mites, all

of which can trigger asthma attacks.

The EPA has concluded that there is an association

between high levels of ambient ozone and increased

hospital admissions for respiratory ailments including

asthma. While children, the elderly and those with

respiratory problems are most at risk, even healthy

individuals may experience increased respiratory ailments and other symptoms when they are exposed to

high levels of ambient ozone while engaged in activities

that involve physical exertion. High levels of ozone also

affect animals in ways similar to humans.

In addition to causing adverse human and animal

health effects, the EPA has concluded that ozone affects

vegetation and ecosystems, leading to reductions in agricultural crop and commercial forest yields by destroying

chlorophyll; reduced growth and survivability of tree

seedlings; and increased plant susceptibility to disease,

pests, and other environmental stresses, including harsh

weather. In long-lived species, these effects may become

evident only after several years or even decades and have

the potential for long-term adverse impacts on forest

ecosystems. Ozone damage to the foliage of trees and

other plants can decrease the aesthetic value of ornamental species used in residential landscaping, as well as the

natural beauty of parks and recreation areas. Through

deposition, ground-level ozone also contributes to pollution in the Chesapeake Bay. The economic value of some

welfare losses due to ozone can be calculated, such as

crop yield loss from both reduced seed production and

visible injury to some leaf crops, including lettuce, spinach and tobacco, as well as visible injury to ornamental

plants, including grass, flowers and shrubs. Other types

of welfare loss may not be quantifiable, such as the

reduced aesthetic value of trees growing in heavily visited

parks.

High levels of ground-level ozone can also cause damage to buildings and synthetic fibers, including nylon, and

reduced visibility on roadways and in natural areas. The

implementation of additional measures to address ozone

air quality nonattainment in this Commonwealth is necessary to protect the public health and welfare, animal

and plant health and welfare and the environment.

In 2004, the EPA designated 37 counties in this Commonwealth as 8-hour ozone nonattainment areas for the

1997 8-hour ozone NAAQS. The proposed rulemaking will

support the 8-hour ozone NAAQS attainment demonstrations for the Philadelphia 5-county area (comprising

Bucks, Chester, Delaware, Montgomery and Philadelphia

Counties) and the 7-county Pittsburgh-Beaver Valley

Area. The proposed rulemaking will also provide additional reductions to support the maintenance plans for

the remaining areas recently redesignated to attainment

of the 8-hour ozone health-based standard.

Further, the proposed rulemaking will provide additional reductions of VOC emissions to meet the revised

8-hour ozone standard of 0.075 part per million (ppm),

down from 0.08 ppm, promulgated by the EPA on March

27, 2008 (73 FR 16436). Recommendations for attainment, nonattainment and unclassifiable areas under the

new, more stringent 8-hour ozone standard must be

submitted to the EPA in March 2009; final action by the

EPA is anticipated in March 2010. The designations will

take effect 60 days after the EPA publishes a notice in the

Federal Register.

There are no Federal limits for the larger container

sizes of adhesive, sealant, adhesive primer and sealant

primer products that will be subject to regulation under

this proposed rulemaking. The staff of the Ozone Transport Commission (OTC) and Member States and the

District of Columbia formed a workgroup to discuss

control measures for the sale, offer for sale, supply,

manufacture, industrial use and commercial application

of solvent-based adhesives, sealants and primers during a

series of conference calls and workshops held from the

spring of 2004 through the autumn of 2006. The OTC

workgroup collected and evaluated information regarding

emission benefits, cost-effectiveness and implementation

issues.

This proposed rulemaking is based on emission reduction measures recommended by the OTC in its 2006

Model Rule for adhesives, sealants and primers, which is

based on the 1998 reasonably available control technology

(RACT) and best available retrofit control technology

(BARCT) determination by the California Air Resources

Board (CARB) for the industrial and commercial use and

application of adhesives, sealants and primers. The Department has reviewed the OTC 2006 Model Rule and the

CARB RACT/BARCT for their applicability to the ozone

reduction measures necessary for this Commonwealth.

The OTC workgroup received comments on the 2006

Model Rule from the National Paint and Coatings Association, the Adhesive and Sealant Council, Inc., and

LORD Corporation. The Department reviewed these comments for applicability to the development of this

Pennsylvania-specific proposed rulemaking.

The Department consulted with the Air Quality Technical Advisory Committee (AQTAC) on the proposed rulemaking on March 27 and May 23, 2008. The AQTAC

unanimously concurred with the Department’s recommendation to seek the Board’s approval of the proposed

rulemaking, asking the Department to consider reducing

recordkeeping requirements for some product users and

the special needs of segments of the roofing industry. The

Department also consulted with the Citizen’s Advisory

Council on March 18 and May 20, 2008, and with the

Small Business Compliance Advisory Committee on April

23, 2008.

The proposed rulemaking is reasonably necessary to

achieve and maintain the health-based 8-hour ozone

NAAQS in this Commonwealth. This proposed rulemaking is consistent with regulatory initiatives that will

be undertaken by other jurisdictions in the Ozone Transport Region (OTR). The proposed rulemaking, when

adopted, will be submitted to the EPA as a revision to the

Commonwealth’s State Implementation Plan.

E. Summary of Regulatory Requirements

This proposed rulemaking amends the definitions in

§ 121.1 (relating to definitions) of the following terms, to

improve clarity, style and format or explain new product

categories: ‘‘adhesive,’’ ‘‘adhesive primer,’’ ‘‘aerospace vehicle or component,’’ ‘‘as applied,’’ ‘‘as supplied,’’

‘‘cyanoacrylate adhesive,’’ ‘‘exempt compound or exempt

solvent,’’ ‘‘sealant’’ and ‘‘solvent.’’

This proposed rulemaking adds definitions in § 121.1

for the following terms to explain new product categories:

‘‘ABS welding adhesive or acrylonitrile-butadiene-styrene

welding adhesive,’’ ‘‘aerosol adhesive,’’ ‘‘architectural sealant or primer,’’ ‘‘automotive glass adhesive primer,’’

PROPOSED RULEMAKING 1637

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
‘‘CPVC plastic or chlorinated polyvinyl chloride plastic,’’

‘‘CPVC welding adhesive or chlorinated polyvinyl chloride

welding adhesive,’’ ‘‘ceramic tile installation adhesive,’’

‘‘cleanup solvent,’’ ‘‘computer diskette jacket manufacturing adhesive,’’ ‘‘contact bond adhesive,’’ ‘‘cove base,’’ ‘‘cove

base installation adhesive,’’ ‘‘diluent,’’ ‘‘drywall installation,’’ ‘‘fiberglass,’’ ‘‘flexible vinyl,’’ ‘‘indoor floor covering

installation adhesive,’’ ‘‘laminate,’’ ‘‘low-solids adhesive,

sealant or primer,’’ ‘‘marine deck sealant or marine deck

sealant primer,’’ ‘‘medical equipment manufacturing,’’

‘‘metal to urethane/rubber molding or casting adhesive,’’

‘‘multipurpose construction adhesive,’’ ‘‘nonmembrane roof

installation/repair adhesive,’’ ‘‘outdoor floor covering installation adhesive,’’ ‘‘PVC plastic or polyvinyl chloride

plastic,’’ ‘‘PVC welding adhesive or polyvinyl chloride

welding adhesive,’’ ‘‘panel installation,’’ ‘‘perimeter bonded

sheet flooring installation,’’ ‘‘plastic cement welding adhesive,’’ ‘‘plastic cement welding adhesive primer,’’ ‘‘plastic

foam,’’ ‘‘plasticizer,’’ ‘‘plastics,’’ ‘‘porous material,’’ ‘‘propellant,’’ ‘‘reactive diluent,’’ ‘‘roadway sealant,’’ ‘‘rubber,’’

‘‘SCAQMD-South Coast Air Quality Management District,’’ ‘‘sealant primer,’’ ‘‘sheet rubber installation,’’

‘‘single-ply roof membrane,’’ ‘‘single-ply roof membrane

adhesive primer,’’ ‘‘single-ply roof membrane installation

and repair adhesive,’’ ‘‘single-ply roof membrane sealant,’’

‘‘structural glazing adhesive,’’ ‘‘subfloor installation,’’ ‘‘surface preparation solvent,’’ ‘‘thin metal laminating adhesive,’’ ‘‘tire repair,’’ ‘‘tire tread adhesive,’’ ‘‘traffic marking

tape,’’ ‘‘traffic marking tape adhesive primer,’’ ‘‘underseabased weapons systems components’’ and ‘‘waterproof

resorcinol glue.’’

The proposed definition of the term ‘‘single-ply roof

membrane’’ specifies that it is a prefabricated single sheet

of rubber, normally ethylene propylene diene terpolymer,

that is field-applied to a building roof using one layer of

membrane material. The Board seeks comment on

whether the definition of this term should be expanded to

include other types of single-ply roof membrane, including

thermosets and thermoplastics, rather than those only

made of rubber.

Proposed § 129.77(a) establishes that this section applies to the owner or operator of a facility that uses or

applies, on or after April 15, 2010, an adhesive, sealant,

adhesive primer or sealant primer subject to the emissions standards in Table V (relating to VOC content

limits for adhesives, sealants, adhesive primers and sealant primers, as applied) of § 129.77; an adhesive or

sealant product applied to the listed substrate subject to

the emission standards in Table VI (relating to VOC

content limits for adhesive or sealant products applied to

particular substrates, as applied) of § 129.77; or a surface

preparation solvent or cleanup solvent.

Proposed § 129.77(b) establishes that, on or after April

15, 2010, an owner or operator of a facility may not use or

apply an adhesive, sealant, adhesive primer or sealant

primer that exceeds the applicable VOC content limit in

Table V or VI, except as provided elsewhere in § 129.77.

Proposed § 129.77(c) establishes that, on or after April

15, 2010, an owner or operator of a facility may not use or

apply a surface preparation or cleanup solvent that

exceeds the applicable VOC content limit or composite

vapor pressure requirements of this section, except as

provided elsewhere in this section.

Proposed § 129.77(d) specifies that the VOC content

limits in Table VI apply if the adhesive or sealant does

not have a VOC content limit in Table V. This subsection

also specifies that if an adhesive is used to bond dissimilar substrates together, the applicable substrate category

with the highest VOC content is the limit for this use.

Proposed § 129.77(e) specifies requirements for an

owner or operator using a surface preparation solvent or

cleanup solvent.

Proposed § 129.77(f) specifies the requirements for

removal of an adhesive, sealant, adhesive primer or

sealant primer from the parts of spray application equipment.

Proposed § 129.77(g) addresses the requirements for an

owner or operator using an adhesive, sealant, adhesive

primer, sealant primer, surface preparation solvent or

cleanup solvent subject to the emission standard requirements of this section that wants to use add-on air

pollution control equipment to comply.

Proposed § 129.77(h) establishes that a person using

an adhesive, sealant, adhesive primer, sealant primer,

surface preparation solvent or cleanup solvent subject to

this section shall store or dispose of all absorbent materials, including cloth or paper, which are moistened with

products subject to this section in nonabsorbent containers that are kept closed except when placing materials in

or removing materials from the container.

Proposed § 129.77(i) establishes that a person may not

solicit, require the use of or specify the application of a

product subject to this section if the use or application

would result in a violation of this section.

Proposed § 129.77(j) specifies that a person who applies

or solicits the application of a product subject to this

section may not add solvent to the adhesive, sealant,

adhesive primer or sealant primer in an amount in excess

of the manufacturer’s recommendation for application, if

this additional solvent causes the product to exceed the

applicable VOC content limit listed in Table V or VI,

unless the emissions are controlled through the use of

add-on air pollution control equipment as specified in

subsection (g).

Proposed § 129.77(k) provides for certain exemptions,

including exemptions for products being tested or evaluated in a research and development, quality assurance or

analytical laboratory, if records are maintained as required in subsections (q) and (r); products that are subject

to certain other Department regulations; 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; cyanoacrylate 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 adhesives; and contact

adhesives that are sold or supplied by the manufacturer

or supplier in containers with a net volume of 1 gallon or

less.

Proposed § 129.77(l) provides exemptions for the use of

adhesives, sealants, adhesive primers, sealant primers,

surface preparation solvents and cleanup solvents in

certain operations, including tire repair operations, if the

label of the tire repair adhesive states, ‘‘For tire repair

only;’’ the assembly, repair and manufacture of aerospace

components or undersea-based weapon systems; the

manufacture of medical equipment; and certain plaque

laminating operations.

Proposed § 129.77(m) provides a schedule and a

phase-in period for the use of compliant single-ply roof

membrane installation or repair adhesive, single-ply roof

1638 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
membrane sealant and single-ply roof membrane adhesive primer to address rubber roofing adhesive curing

issues during the colder months of the year. The phase-in

strategy is proposed to provide time for product research

and development, and for the training of roofing contractors in the effective application of new formulations for

use in cold temperatures. According to the Ethylene

Propylene Diene Membrane (EPDM) Roofing Association

(ERA), compliance with the OTC 2006 Model Rule VOC

content limit of 250 grams per liter for single-ply roof

membrane installation or repair bonding adhesive is not

currently possible in the colder months, as roofing adhesives meeting this limit do not properly cure at temperatures below 40° F. A phase-in strategy has been adopted

in Connecticut and is also being considered by New

Jersey, New York and Rhode Island and the District of

Columbia.

Proposed § 129.77(n) provides an exemption from the

requirements of § 129.77 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 calendar year. An owner or

operator claiming exemption under this subsection shall

record and maintain operational records sufficient to

demonstrate compliance with this exemption.

Proposed § 129.77(o) provides an exemption for the use

of a noncomplying adhesive, sealant, adhesive primer,

sealant primer, surface preparation solvent or cleanup

solvent if the total volume of noncomplying products

applied facility-wide does not exceed 55 gallons per

calendar year. An owner or operator claiming exemption

under this subsection shall record and maintain operational records sufficient to demonstrate compliance with

this exemption.

Proposed § 129.77(p) specifies that each owner or operator subject to this section shall maintain records

demonstrating compliance with this section, including

specific information. Several members of AQTAC questioned the necessity of paragraph (6), which requires that

the owner or operator maintain records of the volume

used of each of the regulated products. These members

suggested that keeping records of small quantities of

miscellaneous product use and keeping records of materials used as opposed to materials purchased would be

unnecessary and burdensome. These members questioned

who should keep records for materials used by outside

contractors (for example, roofers and piping contractors).

They suggested either revising paragraph (6) to require

records of volume of product ‘‘purchased’’ instead of

volume of product ‘‘used,’’ or deleting paragraph (6). They

suggested that a certification that compliant products

were used would suffice. Other members of AQTAC

thought paragraph (6) should remain intact because of

the information it would provide about actual emissions.

The Board seeks comment on the alternative approaches

suggested by members of AQTAC.

Proposed § 129.77(q) provides recordkeeping requirements for the person conducting testing on products that

are subject to the laboratory testing exemption.

Proposed § 129.77(r) specifies that all records made to

determine compliance with this section shall be maintained onsite for at least 5 years from the date the record

is created and made available to the Department upon

request.

Proposed § 129.77(s) specifies, with certain exceptions,

that the VOC and solids content of all nonaerosol adhesives, sealants, adhesive primers, sealant primers, surface

preparation solvents and cleanup solvents shall be determined using either EPA Reference Method 24 or

SCAQMD Method 304, including updates and revisions.

Proposed § 129.77(t) specifies that the identity and

concentration of exempt organic compounds shall be

determined using either ASTM D4457 or SCAQMD

Method 303, including updates and revisions.

Proposed § 129.77(u) specifies that the VOC content of

a plastic cement welding adhesive or primer shall be

determined using SCAQMD Method 316A, including updates and revisions.

Proposed § 129.77(v) specifies that to determine if a

diluent is a reactive diluent, the percentage of the

reactive organic compound that becomes an integral part

of the finished material shall be determined using

SCAQMD Method 316A, including updates and revisions.

Proposed § 129.77(w) specifies the procedure for determining the composite vapor pressure of organic compounds in cleaning materials.

Proposed § 129.77(x) specifies that the vapor pressure

of each component in the cleaning material subject to the

requirement of § 129.77(w) may be determined from

either ASTM 2879 or one or more of the listed references,

including updates and revisions.

Proposed § 129.77(y) specifies that if air pollution

control equipment is used to meet the requirements of

this section, the owner or operator shall determine the

capture efficiency and the control efficiency using certain

procedures.

Proposed § 129.77(z) specifies that the active and passive solvent losses from spray gun cleaning systems shall

be determined using the SCAQMD method, General Test

Method for Determining Solvent Losses from Spray Gun

Cleaning Systems, including updates and revisions.

Proposed § 129.77(aa) specifies the method for calculating the VOC content of adhesive, sealant, adhesive

primer or sealant primer products that do not contain

reactive diluents.

Proposed § 129.77(bb) specifies the method for calculating the VOC content for adhesive, sealant, adhesive

primer or sealant primer products that contain reactive

diluents.

Proposed § 129.77(cc) specifies the method for calculating the VOC content for low-solids adhesive, sealant,

adhesive primer or sealant primer products.

Proposed § 129.77(dd) specifies the method for calculating percent VOC by weight.

Proposed § 129.77(ee) specifies how to convert from

units of grams per liter to units of pounds per gallon.

Proposed § 129.77, Table V lists the VOC content limits

for the regulated adhesives, sealants, adhesive primers

and sealant primers, as applied.

Proposed § 129.77, Table VI lists the VOC content

limits for adhesive or sealant products applied to particular substrates, as applied.

Proposed § 130.701 (relating to applicability) of Chapter 130, Subchapter D, establishes that, except as provided in § 130.703 (relating to exemptions and exceptions), this new subchapter applies to a person who, on or

after April 15, 2010, sells, supplies, offers for sale,

manufactures for sale, or uses or applies for compensation, in this Commonwealth, an adhesive, sealant, adhesive primer or sealant primer subject to this subchapter.

PROPOSED RULEMAKING 1639

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
Proposed § 130.702(a) (relating to emission standards)

establishes that on and after April 15, 2010, except as

provided in § 130.703 (relating to exemptions and exceptions), a person may not sell, supply, offer for sale or

manufacture for sale for use in this Commonwealth an

adhesive, sealant, adhesive primer or sealant primer

manufactured on or after April 15, 2010, which contains

VOCs in excess of the applicable VOC content limits

specified in Table I (relating to VOC content limits for

adhesives, sealants, adhesive primers and sealant

primres, as applied) of § 130.702.

Proposed § 130.702(a) also establishes that on and

after April 15, 2010, except as provided in § 130.703, a

person may not sell, supply, offer for sale or manufacture

for sale for use in this Commonwealth an adhesive or

sealant product manufactured on or after April 15, 2010,

applied to particular substrates, which contains VOCs in

excess of the applicable VOC content limits in Table II

(relating to VOC content limits for adhesive or sealant

products applied to particular substrates, as applied) of

§ 130.702.

Proposed § 130.702(b) establishes that on and after

April 15, 2010, except as provided in § 130.703, a person

may not use or apply for compensation within this

Commonwealth an adhesive, sealant, adhesive primer or

sealant primer which contains VOCs in excess of the

applicable VOC content limits specified in Table I or an

adhesive or sealant product applied to particular substrates manufactured on or after April 15, 2010, which

contains VOCs in excess of the applicable VOC content

limits in Table II.

Proposed § 130.702(c) describes how the VOC content

limits in Table II will apply.

Proposed § 130.702(d) establishes additional requirements for persons using a surface preparation solvent or

cleanup solvent.

Proposed § 130.702(e) establishes the methods that

must be followed for removing adhesive, sealant, adhesive

primer or sealant primer from the parts of spray application equipment.

Proposed § 130.702(f) establishes that a person using a

product subject to this subchapter shall store or dispose of

all absorbent materials, including cloth or paper, which

are moistened with adhesives, sealants, primers or solvents subject to this subchapter in nonabsorbent containers that are kept closed except when placing materials in

or removing materials from the container.

Proposed § 130.702(g) establishes that a person may

not solicit, require the use of or specify the application of

a product subject to this subchapter if the use or application would result in a violation of this subchapter.

Proposed § 130.702(h) specifies that a person who

applies or solicits the application of an adhesive, sealant,

adhesive primer or sealant primer subject to this

subchapter may not add solvent to the adhesive, sealant,

adhesive primer or sealant primer in an amount in excess

of the manufacturer’s recommendation for application, if

this additional solvent causes the product to exceed the

applicable VOC content limit listed in Table I or II.

Proposed § 130.702, Table I lists the VOC content

limits for the regulated adhesives, sealants, adhesive

primers and sealant primers, as applied.

Proposed § 130.702, Table II lists the VOC content

limits for the regulated adhesive or sealant products

applied to particular substrates, as applied.

Proposed § 130.703 provides certain exemptions from

the requirements of proposed Subchapter D. Proposed

subsection (a) provides exemptions for products being

tested or evaluated in a research and development,

quality assurance or analytical laboratory, if records are

maintained as required in § 130.704 (relating to

recordkeeping requirements); products that are subject to

certain other Department regulations; 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; cyanoacrylate 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 1 pound or less, except plastic cement

welding adhesives and contact adhesives; and contact

adhesives that are sold or supplied by the manufacturer

or supplier in containers with a net volume of 1 gallon or

less.

Proposed § 130.703(b) provides exemptions from the

requirements of proposed Subchapter D for the use of

adhesives, sealants, adhesive primers, sealant primers,

surface preparation solvents and cleanup solvents in

certain operations, including tire repair operations, if the

label of the tire repair adhesive states, ‘‘For tire repair

only’’; the assembly, repair and manufacture of aerospace

components or undersea-based weapon systems; the

manufacture of medical equipment; and certain plaque

laminating operations.

Proposed § 130.703(c) provides a schedule and a

phase-in period for the use and application of compliant

single-ply roof membrane installation or repair adhesive,

single-ply roof membrane sealant and single-ply roof

membrane adhesive primer to address rubber roofing

adhesive curing issues during the colder months of the

year. This phase-in strategy is provided for the same

reasons as those described proposed § 129.77(m).

Proposed § 130.703(d) provides an exemption for the

sale, supply, offer for sale and manufacture of single-ply

roof membrane adhesives, sealants and primers prior to

January 1, 2012. This proposed exemption is premised

upon adoption of the phase-in strategy in proposed subsection (c).

Proposed § 130.703(e) provides an exemption from

many of the requirements of proposed § 130.702 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

calendar year. An owner or operator claiming exemption

under this subsection shall record and maintain operational records sufficient to demonstrate compliance with

this exemption. An identical exemption is established in

§ 129.77(n) of this proposed rulemaking. The Board seeks

comment on the suitability of including this exemption in

Subchapter D, which applies to persons who sell, supply,

offer for sale or manufacture for sale, and persons who

use or apply for compensation, the regulated products.

Proposed § 130.703(f) provides an exemption for the

use of a noncomplying adhesive, sealant, adhesive primer,

sealant primer, surface preparation solvent or cleanup

solvent if the total volume of noncomplying products

applied facility-wide does not exceed 55 gallons per

calendar year. An owner or operator claiming exemption

under this subsection shall record and maintain operational records sufficient to demonstrate compliance with

this exemption. An identical exemption is established in

§ 129.77(o) of this proposed rulemaking. The Board seeks

1640 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
comment on the suitability of including this exemption in

Subchapter D, which applies to persons who sell, supply,

offer for sale or manufacture for sale, and persons who

use or apply for compensation, the regulated products.

Proposed § 130.703(g) provides an exemption for an

adhesive, sealant, adhesive primer or sealant primer

product if the manufacturer or distributor keeps records

demonstrating that the product is intended for shipment

and use outside of this Commonwealth and that the

manufacturer or distributor has taken reasonably prudent precautions to assure that the product is not distributed to or within this Commonwealth.

Proposed § 130.703(h) precludes the exercise of the

exemption provided in subsection (g) for an adhesive,

sealant, adhesive primer or sealant primer product sold,

supplied or offered for sale by a person to a retail outlet

in this Commonwealth.

Proposed § 130.703(i) specifies that the requirements of

Subchapter D does not apply to an adhesive, sealant,

adhesive primer or sealant primer product that is sold or

supplied for use or application at a facility subject to the

requirements of § 129.77.

Proposed § 130.703(j) specifies that §§ 130.704 and

130.705 (relating to compliance procedures and test methods) do not apply to the use of an adhesive, sealant,

adhesive primer, sealant primer, surface preparation solvent or cleanup solvent at a private residence for a

noncommercial purpose.

Proposed § 130.704 specifies that on and after April 15,

2010, a person who sells, supplies, offers for sale, manufactures for sale, uses or applies in this Commonwealth

an adhesive, sealant, adhesive primer, sealant primer,

surface preparation solvent or cleanup solvent product

subject to this subchapter shall maintain records demonstrating compliance with this subchapter, including certain information. This section also specifies that all

records made to determine compliance with this section

shall be maintained onsite for at least 5 years from the

date the record is created and made available to the

Department upon request.

Several members of AQTAC questioned the necessity of

§ 130.704(b)(6), which requires that the owner or operator maintain records of the volume used of each of the

regulated products. These members suggested that keeping records of small quantities of miscellaneous product

use and keeping records of materials used as opposed to

materials purchased would be unnecessary and burdensome. These members questioned who should keep

records for materials used by outside contractors (for

example, roofers and piping contractors). They suggested

either revising paragraph (6) to require records of volume

of product ‘‘purchased’’ instead of volume of product

‘‘used’’, or deleting paragraph (6). They suggested that a

certification that compliant products were used would

suffice. Other members of AQTAC thought paragraph (6)

should remain intact because of the information it would

provide about actual emissions. The Board seeks comment on the alternative approaches suggested by members of AQTAC.

Proposed § 130.705 specifies the compliance procedures, test methods and calculations that shall be used to

determine the VOC, solids content and exempt organic

compound content of adhesives, sealants, adhesive primers, sealant primers, surface preparation solvents and

cleanup solvents subject to this subchapter.

Proposed § 130.706 (relating to container labeling)

specifies that on and after April 15, 2010, each manufacturer of an adhesive, sealant, adhesive primer or sealant

primer product subject to this subchapter shall display

certain information on the product container or label.

Consistent with the OTC 2006 Model Rule, the proposed rulemaking does not include a date-coding requirement. This presents problems for tracking the sale and

use of product manufactured before the proposed regulatory compliance date of April 15, 2010. The Board seeks

comment on whether the final-form regulations should

include a date-coding requirement to facilitate enforcement of the regulations and the sale and use of product

manufactured before the proposed compliance date of

April 15, 2010 (sell-through and use-through). The Department will also consult with other OTR states on this

issue.

F. Benefits, Costs and Compliance

Benefits

The citizens of this Commonwealth will be the major

benefactors from this proposed rulemaking through reduced exposure to a variety of solvents, including hazardous air pollutants (HAPs), that are used in a variety of

adhesive, sealant, adhesive primer and sealant primer

products. These proposed amendments will result in

improved air quality by reducing VOC ozone precursor

emissions from the industrial and commercial use and

application of the regulated adhesive, sealant and primer

products. Benefits will also occur from reduced VOC

content in surface preparation solvent and cleanup solvent products. The proposed amendments will encourage

the implementation of new technologies and practices,

which will reduce emissions of VOCs and HAPs throughout this Commonwealth.

Compliance Costs

The cost of complying with the new requirements

includes the cost of using or developing alternative product formulations, including product formulations for lowVOC or water-based adhesive, sealant, adhesive primer,

sealant primer, surface preparation solvent and cleanup

solvent products. Based on information provided by the

Ventura County Air Pollution Control District (VCAPCD),

the CARB determined that the cost-effectiveness of the

VCAPCD adhesives rule, which formed the basis of the

CARB 1998 RACT/BARCT Determination upon which the

OTC 2006 Model Rule is based, ranges from a savings of

$1,060 per ton to a cost of $2,320 per ton of VOC reduced.

Any costs are likely to be less in the OTR, because some

of the research and reformulation costs incurred for

products sold in California will not have to be incurred

again for products sold in the OTR. The CARB also

reports a cost-effectiveness of $9,000 to $110,000 per ton

of VOC reduced should the use of add-on control equipment to comply with the requirements be necessary.

The Department anticipates similar costs in this Commonwealth. MACTEC Federal Programs, a consultant to

the OTC, indicated in its report, ‘‘Identification and

Evaluation of Candidate Control Measures, Final Technical Support Document,’’ that the requirements of the OTC

Adhesives, Sealants and Primers Model Rule would reduce emissions of VOC by approximately 21.8 tons per

summer day (tpsd) in this Commonwealth. Ozone monitoring season (April 1 through October 31) VOC emission

reductions from this rulemaking would be approximately

4,665.2 tons (21.8 tpsd × 214 ozone monitoring season

days). Assuming that there are approximately 12 million

people living in this Commonwealth, the average ozone

PROPOSED RULEMAKING 1641

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
season VOC emissions reduction is calculated to be 0.78

pound of VOC emissions reduced per resident of this

Commonwealth.

The total ozone monitoring season costs are calculated

by multiplying the maximum estimated cost of $2,320 per

ton of VOC emissions reduced times 4,665.2 tons per

ozone monitoring season, which equals approximately

$10,823,264 per ozone monitoring season. The maximum

ozone monitoring season cost per resident of this Commonwealth would be approximately $0.90.

Annual VOC emission reductions from this rulemaking

would be approximately 7,957 tons (21.8 tpsd × 365 days

per year) or 1.3 pounds of VOC emissions reduced per

resident of this Commonwealth per year. Annual costs

would be $2,320 per ton of VOC emissions reduced times

7,957 tons per year or $18,460,000. The maximum annual

cost per resident of this Commonwealth would be approximately $1.55.

Cost savings could be incurred if reformulated products

are less expensive, with the possibility that residents of

this Commonwealth could realize savings of $0.41 per

ozone season per resident ($1,060 × 4,665.2 tons divided

by 12,000,000 residents) or $0.70 annually per resident

($1,060 × 7,957 tons divided by 12,000,000 residents).

Owners or operators of facilities or stationary sources

using regulated adhesive, sealer, primer and solvent

products could incur costs of $9,000 to $110,000 per ton of

VOC emissions reduced, should the use of add-on control

equipment be necessary to comply with the requirements

of this rulemaking, based on CARB estimates. However,

fewer than 40 facilities in this Commonwealth are expected to be required to comply with this rulemaking.

Most of the affected facilities already have permits that

establish requirements for the use of the adhesive, sealant, primer and solvent products proposed for regulation

in this rulemaking.

Compliance Assistance Plan

The Department plans to educate and assist the public

and regulated community in understanding the newly

revised requirements and how to comply with them. This

will be accomplished through the Department’s ongoing

Regional compliance assistance program.

Paperwork Requirements

The proposed rulemaking includes recordkeeping and

reporting requirements in § 129.77 for affected owners

and operators of facilities that use or apply the regulated

adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent and cleanup solvent products.

These recordkeeping requirements include keeping lists of

each regulated product in use or in storage; a data sheet

or material list for each product that provides the name

of the product, manufacturer’s identification, and use for

the product; the VOC content for the product as supplied;

the catalysts, reducers or other components used and the

mix ratio; the VOC content or vapor pressure of each

product as applied, if solvent or other VOC is added to

the product before application; and the volume used of

each product.

For an adhesive, sealant, adhesive primer and sealant

primer product subject to the laboratory testing exemption, the person conducting the testing shall make and

maintain records of all products used, including the

following information: the product name; the product

category of the material or type of application; and the

VOC content of the material.

Records made to determine compliance with § 129.77

shall be maintained onsite for at least 5 years from the

date the record is created and made available to the

Department upon request.

The proposed rulemaking includes recordkeeping and

reporting requirements in Chapter 130, Subchapter D for

a person who sells, supplies, offers for sale or manufactures for sale for use in this Commonwealth an adhesive,

sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product subject to this

subchapter. The person shall maintain records demonstrating compliance with this subchapter, including the

following information: a data sheet or material list which

provides the material name, manufacturer identification

and material application for each product; the VOC

content of each product, as supplied; and the number of

gallons of product sold in this Commonwealth.

A person who uses or applies an adhesive, sealant,

adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product subject to Subchapter D

shall maintain records demonstrating compliance with

this subchapter, including the following information: a list

of each adhesive, sealant, adhesive primer, sealant

primer, surface preparation solvent and cleanup solvent

product in use and in storage; a data sheet or material

list which provides the product name, manufacturer

identification and use or material application for each

product included on the list; the VOC content of each

product on the list, as supplied; catalysts, reducers or

other components used and the mix ratio; the VOC

content or vapor pressure of each product on the list, as

applied, if solvent or other VOC is added to the product

before application; and the volume used of each product

on the list.

For an adhesive, sealant, adhesive primer and sealant

primer product subject to the laboratory testing exemption of § 130.703(a)(1), the person conducting the testing

shall make and maintain records of all materials used,

including the following information: the product name;

the product category of the material or type of application; and the VOC content of the material.

Records made to determine compliance with Chapter

130, Subchapter D shall be maintained for at least 5

years from the date the record is created and made

available to the Department upon request.

G. Pollution Prevention

The Federal Pollution Prevention Act of 1990 (42

U.S.C.A. §§ 13101—13109 established a National policy

that promotes pollution prevention as the preferred

means for achieving state environmental protection goals.

The Department encourages pollution prevention, which

is the reduction or elimination of pollution at its source,

through the substitution of environmentally friendly materials, more efficient use of raw materials, and the

incorporation of energy efficiency strategies. Pollution

prevention practices can provide greater environmental

protection with greater efficiency because they can result

in significant cost savings to facilities that permanently

achieve or move beyond compliance. This proposal has

incorporated the following pollution prevention incentives:

The proposed amendments will assure that the citizens

and the environment of this Commonwealth experience

the benefits of reduced emissions of VOCs and HAPs from

the industrial and commercial use or application of

low-VOC adhesive, sealant, adhesive primer, sealant

primer, surface preparation solvent and cleanup solvent

products. Although the proposed requirements are to

1642 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
address ground-level ozone air quality by reducing emissions of ozone precursors, the reformulation of products to

meet the VOC content limits will also result in the

reduction of HAP emissions. The proposed amendments

will result in improved indoor and outdoor air quality for

all citizens of this Commonwealth by reducing VOC ozone

precursor emissions and HAP compounds. The reduced

levels of HAPs will also benefit water quality through

reduced loading on water treatment plants and in reduced quantities of HAP compounds in spillage on the

ground.

H. Sunset Review

These regulations will be reviewed in accordance with

the sunset review schedule published by the Department

to determine whether the regulation effectively fulfill the

goals for which they were intended.

I. Regulatory Review

In accordance with section 5(a) of the Regulatory

Review Act (71 P. S. § 745.5(a)), on March 20, 2009, the

Department submitted a copy of the proposed amendments to the Independent Regulatory Review Commission

(IRRC) and the Chairpersons of the House and Senate

Environmental Resources and Energy Committees (Committees). In addition to submitting the proposed amendments, the Department has provided IRRC and the

Committees with a copy of a detailed regulatory analysis

form prepared by the Department. A copy of this material

is available to the public upon request.

Under section 5(g) of the Regulatory Review Act, IRRC

may convey any comments, recommendations or objections to the proposed rulemaking within 30 days after the

close of the public comment period. The comments, recommendations or objections shall specify the regulatory

review criteria that have not been met. The Regulatory

Review Act specifies detailed procedures for review of

these issues by the Department, the General Assembly

and the Governor prior to final publication of the regulations.

J. Public Comments

Written Comments—Interested persons are invited to

submit comments, suggestions or objections regarding the

proposed rulemaking to the Environmental Quality

Board, P. O. Box 8477, Harrisburg, PA 17105-8477 (express mail: Rachel Carson State Office Building, 16th

Floor, 400 Market Street, Harrisburg, PA 17101-2301).

Comments submitted by facsimile will not be accepted.

Comments, suggestions or objections must be received by

the Board by June 8, 2009. Interested persons may also

submit a summary of their comments to the Board. The

summary may not exceed one page in length and must

also be received by June 8, 2009. The one-page summary

will be provided to each member of the Board in the

agenda packet distributed prior to the meeting at which

the final regulation will be considered.

Electronic Comments—Comments may be submitted

electronically to the Board at RegComments@state.pa.us

and must also be received by the Board by June 8, 2009.

A subject heading of the proposal and a return name and

address must be included in each transmission. If an

acknowledgement of electronic comments is not received

by the sender within 2 working days, the comments

should be retransmitted to the Board to ensure receipt.

K. Public Hearings

The Board will hold three public hearings for the

purpose of accepting comments on this proposed rulemaking. The hearings will be held as follows:

May 4, 2009

1 p.m.

Department of Environmental Protection

Southwest Regional Office

Waterfront A Conference Room

400 Waterfront Drive

Pittsburgh, PA 15222

May 7, 2009

1 p.m.

Department of Environmental Protection

Southeast Regional Office

Delaware River Conference Room

2 East Main Street

Norristown, PA 19401

May 8, 2009

1 p.m.

Department of Environmental Protection

Rachel Carson State Office Building

Room 105

400 Market Street

Harrisburg, PA 17105

Persons wishing to present testimony at a hearing are

requested to contact the Environmental Quality Board,

P. O. Box 8477, Harrisburg, PA 17105-8477, (717) 787-

4526, at least 1 week in advance of the hearing to reserve

a time to present testimony. Oral testimony is limited to

10 minutes for each witness. Witnesses are requested to

submit three written copies of their oral testimony to the

hearing chairperson at the hearing. Organizations are

limited to designating one witness to present testimony

on their behalf at each hearing.

Persons in need of accommodations as provided for in

the Americans With Disabilities Act of 1990 should

contact the Board at (717) 787-4526 or through the

Pennsylvania AT&T Relay Service at (800) 654-5984

(TDD) to discuss how the Department may accommodate

their needs.

JOHN HANGER,

Acting Chairperson

Fiscal Note: 7-428. No fiscal impact; (8) recommends

adoption.

Annex A

TITLE 25. ENVIRONMENTAL PROTECTION

PART I. DEPARTMENT OF ENVIRONMENTAL

PROTECTION

Subpart C. PROTECTION OF NATURAL

RESOURCES

ARTICLE III. AIR RESOURCES

CHAPTER 121. GENERAL PROVISIONS

§ 121.1. Definitions.

The definitions in section 3 of the act (35 P. S. § 4003)

apply to this article. In addition, the following words and

terms, when used in this article, have the following

meanings, unless the context clearly indicates otherwise:

ABS welding adhesive or acrylonitrile-butadienestyrene welding adhesive—An adhesive intended by

the manufacturer to weld acrylonitrile-butadienestyrene (ABS) pipe, which is made by reacting

monomers of acrylonitrile, butadiene and styrene.

*****

Adhesive—

(i) A chemical substance that is applied for the purpose

of bonding two surfaces together other than by mechanical means.

(ii) The term does not include coatings or finishing

materials.

PROPOSED RULEMAKING 1643

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
*****

Adhesive primer—[ A ]

(i) A product intended by the manufacturer for

application to a substrate, prior to the application

of an adhesive, to provide a bonding surface.

(ii) For purposes of § 129.73 (relating to aerospace manufacturing and rework), a coating applied

to an aerospace vehicle or component that does one of the

following:

[ (i) ] (A) Inhibits corrosion and serves as a primer

when applied to bare metal or other surfaces prior to

adhesive application.

[ (ii) ] (B) Is applied to surfaces that can be expected

to contain fuel, with the exception of fuel tanks.

Aerosol adhesive—An adhesive packaged as an

aerosol product in which the spray mechanism is

permanently housed in a nonrefillable can designed

for handheld application without the need for ancillary hoses or spray equipment.

*****

Aerospace vehicle or component—

[ A ] (i) For purposes of § 129.73, a fabricated part,

processed part, assembly of parts or completed unit, with

the exception of electronic components, of [ any ] an

aircraft including[ , but not limited to, ] airplanes,

helicopters, missiles, rockets and space vehicles.

(ii) For purposes of § 129.77 (relating to control

of emissions from the use or application of adhesives, sealants, and primers and solvents) and

Chapter 130, Subchapter D (relating to adhesives,

sealants and primers and solvents), the fabricated

part, assembly of parts or completed unit of an

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

*****

Architectural sealant or primer—

(i) A sealant or sealant primer intended by the

manufacturer to be applied to stationary architectural structures, including mobile homes, and their

appurtenances.

(ii) Appurtenances to a stationary architectural

structure include hand railings, cabinets, bathroom

and kitchen fixtures, fences, rain gutters and downspouts, and windows.

As applied—

(i) The VOC and solids content of a coating, adhesive,

sealant, adhesive primer, sealant primer, surface

preparation solvent or cleanup solvent that is actually used to coat the substrate.

(ii) The term includes the contribution of materials

used for in-house dilution of the coating.

As supplied—The VOC and solids content of a coating,

adhesive, sealant, adhesive primer, sealant primer,

surface preparation solvent or cleanup solvent as

sold and delivered to the end user.

*****

Automotive glass adhesive primer—An adhesive

primer labeled by the manufacturer to be applied

to automotive glass prior to installation of the glass

using an adhesive or sealant. This primer improves

the adhesion to pinch weld and blocks ultraviolet

light.

*****

CPVC plastic or chlorinated polyvinyl chloride

plastic—A polymer of the vinyl chloride monomer

that contains 67% chlorine and is normally identified with a CPVC marking.

CPVC welding adhesive or chlorinated polyvinyl

chloride welding adhesive—An adhesive labeled for

welding of chlorinated polyvinyl chloride plastic.

*****

Ceramic tile installation adhesive—An adhesive

intended by the manufacturer for use in the installation of ceramic tiles.

*****

Cleanup solvent—A VOC-containing material used

for either of the following:

(i) To remove a loosely held, uncured (that is, not

dry to the touch) adhesive or sealant from a substrate.

(ii) To clean equipment used in applying a material.

*****

Computer diskette jacket manufacturing adhesive—An adhesive intended by the manufacturer to

glue the fold-over flaps to the body of a vinyl

computer diskette jacket.

*****

Contact bond adhesive—

(i) An adhesive that meets all of the following:

(A) Is designed for application to both surfaces to

be bonded together.

(B) Is allowed to dry before the two surfaces are

placed in contact with each other.

(C) Forms an immediate bond that is impossible,

or difficult, to reposition after both adhesive-coated

surfaces are placed in contact with each other.

(D) Does not need sustained pressure or clamping of surfaces after the adhesive-coated surfaces

have been brought together using sufficient momentary pressure to establish full contact between

both surfaces.

(ii) The term does not include the following:

(A) Rubber cements that are primarily intended

for use on paper substrates.

(B) Vulcanizing fluids that are designed and labeled for tire repair only.

*****

Cove base—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.

Cove base installation adhesive—An adhesive intended by the manufacturer to be used for the

installation of cove base or wall base on a wall or

vertical surface at floor level.

1644 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
*****

Cyanoacrylate adhesive—

(i) For purposes of § 129.77 and Chapter 130,

Subchapter D, an adhesive with a cyanoacrylate

content of at least 95% by weight.

(ii) A fast-setting, single component adhesive that

cures at room temperature.

(iii) The term is also known as ‘‘super glue.’’

*****

Diluent—A diluting agent added to decrease the

viscosity of a material.

*****

Drywall installation—The installation of gypsum

drywall to studs or solid surfaces using an adhesive

formulated for that purpose.

*****

Exempt compound or exempt solvent—Specified organic compounds that have been designated by the

Administrator of the EPA as having negligible photochemical reactivity and are listed in 40 CFR 51.100

(relating to requirements for preparation, adoption and

submittal of implementation plans).

*****

Fiberglass—For purposes of §§ 129.77 and 130.702

(relating to emission standards), a material consisting of extremely fine glass fibers. (Editor’s Note: A

definition of this term was published for comment

in the Pennsylvania Bulletin on April 19, 2008, in a

proposed amendment to Chapter 129 (relating to

standards for sources) concerning glass melting

furnaces. The later of these two rulemakings to be

published as a final rulemaking will include both

definitions).

*****

Flexible vinyl—Nonrigid polyvinyl chloride plastic

with at least 5% by weight plasticizer content.

*****

Indoor floor covering installation adhesive—

(i) An adhesive intended by the manufacturer for

use in the installation of wood flooring, carpet,

resilient tile, vinyl tile, vinyl backed carpet, resilient sheet and roll or artificial grass.

(ii) The term does not include adhesives used to

install ceramic tile or perimeter bonded sheet flooring with vinyl backing onto a nonporous substrate

like flexible vinyl.

*****

Laminate—A product made by bonding together

two or more layers of material.

*****

Low-solids adhesive, sealant or primer—An adhesive, sealant, adhesive primer or sealant primer

product that contains 120 grams or less of solids

per liter of material.

*****

Marine deck sealant or marine deck sealant

primer—A sealant or sealant primer labeled for

application to wooden marine decks.

*****

Medical equipment manufacturing—The manufacture of medical devices including catheters, heart

valves, blood cardioplegia machines, tracheostomy

tubes, blood oxygenators and cardiatory reservoirs.

*****

Metal to urethane/rubber molding or casting adhesive—An adhesive intended by the manufacturer to

bond metal to high density or elastomeric urethane

or molded rubber materials, in heater molding or

casting processes, to fabricate products like rollers

for computer printers or other paper handling

equipment.

*****

Multipurpose construction adhesive—An adhesive

intended by the manufacturer for use in the installation or repair of various construction materials,

including drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile and acoustical tile.

*****

Nonmembrane roof installation/repair adhesive—

(i) An adhesive intended by the manufacturer for

use in the installation or repair of nonmembrane

roofs and that is not intended for the installation of

prefabricated single-ply flexible roofing membrane.

(ii) The term includes:

(A) Plastic or asphalt roof cement.

(B) Asphalt roof coating.

(C) Cold application cement.

*****

Outdoor floor covering installation adhesive—An

adhesive intended by the manufacturer for use in

the installation of floor covering that is both of the

following:

(i) Not in an enclosure.

(ii) Exposed to ambient weather conditions during normal use.

*****

PVC plastic or polyvinyl chloride plastic—A polymer of the chlorinated vinyl monomer that contains

57% chlorine.

PVC welding adhesive or polyvinyl chloride welding adhesive—An adhesive intended by the manufacturer for use in the welding of polyvinyl chloride

(PVC) plastic pipe.

*****

Panel installation—The installation of plywood,

predecorated hardboard or tileboard, fiberglass reinforced plastic and similar predecorated or

nondecorated panels to studs or solid surfaces

using an adhesive formulated for that purpose.

*****

Perimeter bonded sheet flooring installation—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 4 inches

wide around the perimeter of the sheet flooring.

*****

PROPOSED RULEMAKING 1645

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
Plastic cement welding adhesive—

(i) An adhesive intended by the manufacturer for

use to dissolve the surface of plastic to form a bond

between mating surfaces.

(ii) The term does not include the following welding adhesives:

(A) ABS.

(B) CPVC.

(C) PVC.

Plastic cement welding adhesive primer—A primer

intended by the manufacturer for use to prepare

plastic substrates prior to bonding or welding.

Plastic foam—Foam constructed of plastics.

Plasticizer—A material, like a high boiling point

organic solvent, that is incorporated into a vinyl to

increase its flexibility, workability or distensibility,

as determined by ASTM Method E-260, including

updates and revisions.

Plastics—Synthetic materials chemically formed

by the polymerization of organic (carbon-based)

substances. Plastics are usually compounded with

modifiers, extenders or reinforcers and are capable

of being molded, extruded, cast into various shapes

and films or drawn into filaments.

*****

Porous material—A substance that has tiny openings, often microscopic, into or from which fluids

may be absorbed or discharged, including wood,

paper and corrugated paperboard.

*****

Propellant—A fluid under pressure that expels

the contents of a container when a valve is opened.

*****

Reactive diluent—A liquid reactive organic compound in an uncured adhesive, sealant or primer

that reacts chemically or physically during the

curing process to become an integral part of a

finished material.

*****

Roadway sealant—A sealant intended by the manufacturer for application to public streets, highways and other surfaces, including curbs, berms,

driveways and parking lots.

*****

Rubber—A natural or manmade rubber substrate,

including styrene-butadiene rubber, polychloroprene (neoprene) rubber, butyl rubber, nitrile rubber, chlorosulfonated polyethylene rubber and

ethylene propylene diene terpolymer rubber.

*****

SCAQMD—South Coast Air Quality Management

District—The California regional government

agency responsible for air pollution control in Los

Angeles and Orange counties and parts of Riverside

and San Bernardino counties.

*****

Sealant—

(i) For purposes of § 129.73:

(A) A material used to prevent the intrusion of water,

fuel, air or other liquids or solids from certain areas of

aerospace vehicles or components.

[ (ii) ] (B) There are two categories of sealants:

[ (A) ] (I) Extrudable/rollable/brushable sealants.

[ (B) ] (II) Sprayable sealants.

(ii) For purposes of § 129.77 and Chapter 130,

Subchapter D:

(A) A material with adhesive properties that is

formulated primarily to fill, seal, waterproof or

weatherproof gaps or joints between two surfaces.

(B) The term includes caulks.

Sealant primer—A product intended by the manufacturer for application to a substrate, prior to the

application of a sealant, to enhance the bonding

surface.

*****

Sheet rubber installation—

(i) The process of applying sheet rubber liners by

hand to metal or plastic substrates to protect the

underlying substrate from corrosion or abrasion.

(ii) The term includes laminating sheet rubber to

fabric by hand.

*****

Single-ply roof membrane—A prefabricated single

sheet of rubber, normally ethylene propylene diene

terpolymer, that is field applied to a building roof

using one layer of membrane material.

Single-ply roof membrane adhesive primer—A

primer labeled for use to clean and promote adhesion of the single-ply roof membrane seams or

splices prior to bonding.

Single-ply roof membrane installation and repair

adhesive—An adhesive labeled for use in the installation or repair of single-ply roof membrane. For

purposes of this definition:

(i) 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.

(ii) 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.

Single-ply roof membrane sealant—A sealant labeled for application to single-ply roof membrane.

*****

Solvent—Organic compounds which are liquid at standard conditions and which are used as diluents, thinners, dissolvers, viscosity reducers [ or ], cleaning agents

or other related uses.

*****

Structural glazing adhesive—An adhesive intended by the manufacturer to apply glass, ceramic,

metal, stone or composite panels to exterior building frames.

*****

Subfloor installation—The installation of

subflooring material over floor joists, including the

1646 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
construction of load bearing joists. Subflooring material is covered by a finish surface material.

*****

Surface preparation solvent—A solvent used to

remove dirt, oil and other contaminants from a

substrate prior to the application of an adhesive,

sealant, adhesive primer or sealant primer.

*****

Thin metal laminating adhesive—An 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 is less

than 0.25 mils.

*****

Tire repair—A process that includes both of the

following steps:

(i) Expanding a hole, tear, fissure or blemish in a

tire casing by grinding or gouging.

(ii) Applying adhesive and filling the expanded

hole, tear, fissure or blemish with rubber.

Tire tread adhesive—An adhesive intended by the

manufacturer for one or more of the following

applications:

(i) To the back of precure tread rubber and to the

casing and cushion rubber.

(ii) To seal buffed tire casings to prevent oxidation while the tire is being prepared for a new

tread.

*****

Traffic marking tape—Preformed reflective film

intended by the manufacturer for application to

public streets, highways and other surfaces, including curbs, berms, driveways and parking lots.

Traffic marking tape adhesive primer—A primer

intended by the manufacturer for application to

surfaces prior to installation of traffic marking

tape.

*****

Undersea-based weapons systems components—

The fabrication of parts, parts assembly or completed units of a portion of a missile launching

system used on undersea ships.

*****

Waterproof resorcinol glue—A two-part resorcinolresin-based adhesive designed for applications

where the bond line must be resistant to conditions

of continuous immersion in fresh or salt water.

*****

CHAPTER 129. STANDARDS FOR SOURCES

SOURCES OF VOCs

(Editor’s Note: Section 129.77 is new and printed in

regular type to enhance readability.)

§ 129.77. Control of emissions from the use or

application of adhesives, sealants, primers and

solvents.

(a) This section applies to the owner or operator of a

facility that uses or applies one or more of the following

on or after April 15, 2010:

(1) An adhesive, sealant, adhesive primer or sealant

primer subject to the emission standards in Table V.

(2) An adhesive or sealant product applied to the listed

substrate subject to the emission standards in Table VI.

(3) A surface preparation solvent or cleanup solvent.

(b) On or after April 15, 2010, an owner or operator of

a facility may not use or apply at the facility an adhesive,

sealant, adhesive primer or sealant primer that exceeds

the applicable VOC content limit in Table V or VI, except

as provided elsewhere in this section.

(c) On or after April 15, 2010, an owner or operator of a

facility may not use or apply at the facility a surface

preparation or cleanup solvent that exceeds the applicable

VOC content limit or composite vapor pressure requirements of this section, except as provided elsewhere in this

section.

(d) The VOC content limits in Table VI for adhesives or

sealants applied to particular substrates apply as follows:

(1) If an owner or operator uses an adhesive or sealant

subject to a specific VOC content limit in Table V, the

specific limit is applicable rather than the adhesive-tosubstrate limit in Table VI.

(2) If an adhesive is used to bond dissimilar substrates

together, the applicable substrate category with the highest VOC content is the limit for this use.

(e) An owner or operator subject to this section using a

surface preparation solvent or cleanup solvent may not:

(1) Except as provided in paragraph (2) for single-ply

roof membrane, use materials containing VOCs for surface preparation, unless the VOC content of the surface

preparation solvent is less than 70 grams per liter of

material or 0.6 pound of VOC per gallon of material.

(2) Use materials containing VOCs for surface preparation or cleanup when applying single-ply roof membrane,

unless the composite vapor pressure, excluding water and

exempt compounds, of the surface preparation solvent or

cleanup solvent is less than or equal to 45 mm mercury

at 20° C.

(3) Except as provided in subsection (f), use cleanup

solvent materials containing VOCs for the removal of

adhesives, sealants, adhesive primers or sealant primers

from surfaces, other than from the parts of spray application equipment, unless the composite vapor pressure of

the solvent is less than or equal to 45 mm mercury at

20° C.

(f) Removal of an adhesive, sealant, adhesive primer or

sealant primer from the parts of spray application equipment shall be performed by one or more of the following

methods:

(1) Using an enclosed cleaning system, or an equivalent

cleaning system as determined by the test method identified in subsection (z).

(2) Using a solvent with a VOC content less than or

equal to 70 grams of VOC per liter of material or 0.6

pound of VOC per gallon of material.

(3) Soaking parts containing dried adhesive in a solvent if the composite vapor pressure of the solvent,

excluding water and exempt compounds, is less than or

equal to 9.5 mm mercury at 20° C and the parts and

solvent are in a closed container that remains closed

except when adding parts to or removing parts from the

container.

PROPOSED RULEMAKING 1647

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
(g) An owner or operator using an adhesive, sealant,

adhesive primer, sealant primer, surface preparation solvent or cleanup solvent subject to the emission standard

requirements of this section may comply with the requirements of this section through the use of add-on air

pollution control equipment if the following requirements

are met:

(1) The VOC emissions from the use of all noncomplying as applied adhesives, sealants, adhesive primers,

sealant primers, surface preparation solvents and cleanup

solvents subject to the emission standard requirements of

this section are reduced by an overall efficiency of at least

85%, by weight.

(i) The capture efficiency of the system must be determined in accordance with subsection (y)(1).

(ii) The control efficiency of the system must be determined in accordance with subsection (y)(2).

(2) The combustion temperature is continuously monitored and recorded if a thermal incinerator is operated.

(3) Inlet and exhaust gas temperatures are continuously monitored and recorded if a catalytic incinerator is

operated.

(4) Control device efficiency is monitored continuously

if a carbon absorber or control device other than a

thermal or catalytic incinerator is operated.

(5) Operation records sufficient to demonstrate compliance with the requirements of this section are maintained

in accordance with subsections (p), (q) and (r).

(6) The control equipment is approved, in writing, by

the Department in an operating permit.

(h) A person using an adhesive, sealant, adhesive

primer, sealant primer, surface preparation solvent or

cleanup solvent subject to this section shall store or

dispose of all absorbent materials, including cloth or

paper, which are moistened with adhesives, sealants,

primers, surface preparation solvents or cleanup solvents

subject to this section, in nonabsorbent containers that

are kept closed except when placing materials in or

removing materials from the container.

(i) A person may not solicit, require the use of or

specify the application of an adhesive, sealant, adhesive

primer, sealant primer, surface preparation solvent or

cleanup solvent if the use or application would result in a

violation of this section. The prohibition of this subsection

applies to all written or oral contracts under which an

adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent subject to this

section is to be used at a location in this Commonwealth.

(j) A person who applies or solicits the application of an

adhesive, sealant, adhesive primer or sealant primer

subject to this section may not add solvent to the

adhesive, sealant, adhesive primer or sealant primer in

an amount in excess of the manufacturer’s recommendation for application, if this addition causes the adhesive,

sealant, adhesive primer or sealant primer to exceed the

applicable VOC content limit listed in Table V or VI,

unless the emissions are controlled through the use of

add-on air pollution control equipment as specified in

subsection (g).

(k) This section does not apply to the use or application

of the following compounds or products:

(1) Adhesives, sealants, adhesive primers or sealant

primers being tested or evaluated in a research and

development, quality assurance or analytical laboratory, if

records are maintained as required in subsections (q) and

(r).

(2) Adhesives, sealants, adhesive primers or sealant

primers that are subject to §§ 129.51, 129.52, 129.67,

129.73, 129.75, 129.101—129.107 or Chapter 130,

Subchapter B or C (relating to consumer products; and

architectural and industrial maintenance coatings).

(3) Adhesives and sealants that contain less than 20

grams of VOC per liter of adhesive or sealant, less water

and less exempt compounds, as applied.

(4) Cyanoacrylate adhesives.

(5) Adhesives, sealants, adhesive primers or sealant

primers that are sold or supplied by the manufacturer or

supplier in containers with a net volume of 16 fluid

ounces or less, or a net weight of 1 pound or less, except

plastic cement welding adhesives and contact adhesives.

(6) Contact adhesives that are sold or supplied by the

manufacturer or supplier in containers with a net volume

of 1 gallon or less.

(l) This section does not apply to the use of adhesives,

sealants, adhesive primers, sealant primers, surface

preparation solvents or cleanup solvents in the following

operations:

(1) Tire repair operations, if the label of the adhesive

states, ‘‘For tire repair only.’’

(2) The assembly, repair and manufacture of aerospace

components or undersea-based weapons systems.

(3) The manufacture of medical equipment.

(4) Plaque laminating operations in which adhesives

are used to bond clear, polyester acetate laminate to wood

with lamination equipment installed prior to July 1, 1992.

An owner or operator claiming an exemption under this

paragraph shall record and maintain operational records

sufficient to demonstrate compliance with this exemption,

in accordance with subsections (p)—(r).

(m) This section applies to the use or application 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:

(1) For the years 2010 and 2011, from April 15 through

October 15.

(2) On and after January 1, 2012.

(n) This section does not apply 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 calendar year. An

owner or operator claiming exemption under this subsection shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in

accordance with subsections (p)—(r).

(o) This section does not apply to the use of a noncomplying adhesive, sealant, adhesive primer, sealant primer,

surface preparation solvent or cleanup solvent if the total

volume of noncomplying adhesives, sealants, primers,

surface preparation and cleanup solvents applied facilitywide does not exceed 55 gallons per calendar year. An

owner or operator claiming exemption under this

subsectiongraph shall record and maintain operational

records sufficient to demonstrate compliance with this

exemption, in accordance with subsections (p)—(r).

1648 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
(p) Except as provided in subsection (q), each owner or

operator subject to this section shall maintain records

demonstrating compliance with this section, including the

following information:

(1) A list of each adhesive, sealant, adhesive primer,

sealant primer, surface preparation solvent and cleanup

solvent product in use and in storage.

(2) A data sheet or material list which provides the

product name, manufacturer identification and use or

material application for each product included on the list

required under paragraph (1).

(3) The VOC content of each product on the list

required under paragraph (1), as supplied.

(4) Catalysts, reducers or other components used and

the mix ratio.

(5) The VOC content or vapor pressure of each product

on the list required by paragraph (1), as applied, if

solvent or other VOC is added to the product before

application.

(6) The volume used of each product on the list required under paragraph (1).

(q) For an adhesive, sealant, adhesive primer and

sealant primer product subject to the laboratory testing

exemption of subsection (k)(1), the person conducting the

testing shall make and maintain records of all products

used, including the following information:

(1) The product name.

(2) The product category of the material or type of

application.

(3) The VOC content of the material.

(r) Records made to determine compliance with this

section shall be:

(1) Maintained onsite for at least 5 years from the date

the record is created.

(2) Made available to the Department upon request.

(s) Except as provided in subsections (u)—(w), the VOC

and solids content of all nonaerosol adhesives, sealants,

adhesive primers, sealant primers, surface preparation

solvents and cleanup solvents shall be determined using

one of the following:

(1) EPA Reference Method 24, Determination of Volatile

Matter Content, Water Content, Density, Volume Solids,

and Weight Solids of Surface Coatings, found at 40 CFR

60, Subpart D, Appendix A, including updates and revisions.

(2) SCAQMD Method 304, Determination of Volatile

Organic Compounds (VOC) in Various Materials,

SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765

USA, including updates and revisions.

(t) The identity and concentration of exempt organic

compounds shall be determined using one of the following:

(1) ASTM D4457, Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in

Paints and Coatings by Direct Injection into a Gas

Chromatograph, ASTM International, 100 Barr Harbor

Drive, P. O. Box C700, West Conshohocken, PA 19428-

2959 USA including updates and revisions.

(2) SCAQMD Method 303, Determination of Exempt

Compounds, SCAQMD, 21865 Copley Drive, Diamond

Bar, CA 91765 USA, including updates and revisions.

(u) The VOC content of a plastic cement welding

adhesive or primer shall be determined using SCAQMD

Method 316A, Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings,

SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765

USA, including updates and revisions.

(v) To determine if a diluent is a reactive diluent, the

percentage of the reactive organic compound that becomes

an integral part of the finished materials shall be determined using SCAQMD Method 316A, Determination of

Volatile Organic Compounds (VOC) in Materials Used for

Pipes and Fittings, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

(w) The composite vapor pressure of organic compounds in cleaning materials shall be determined by the

following procedure:

(1) Quantifying the amount of each compound in the

blend using gas chromatographic analysis, using the

following methods:

(i) ASTM E260, Standard Practice for Packed Column

Gas Chromatography, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West Conshohocken, PA 19428-

2959 USA, for organic content, including updates and

revisions.

(ii) ASTM D3792, Standard Test Method for Water

Content of Coatings by Direct Injection Into a Gas

Chromatograph, ASTM International, 100 Barr Harbor

Drive, P. O. Box C700, West Conshohocken, PA 19428-

2959 USA, for water content, including updates and

revisions.

(2) Calculating the composite vapor pressure using the

following equation:

n

 ( Wi ) ( VPi )/Mwi

i-1

Ppc= n n

Ww/Mww +  We/Mwe +  Wi

/Mwi

i-1 i-1

Where:

Ppc = VOC composite partial pressure at 20° C, in mm

mercury.

Wi = Weight of the ‘‘i’’th VOC compound, in grams, as

determined by ASTM E260.

Ww = Weight of water, in grams, as determined by

ASTM D3792.

We = Weight of the ‘‘i’’th exempt compound, in grams,

as determined by ASTM E260.

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.

VPi = Vapor pressure of the ‘‘i’’th VOC compound at

20° C, in mm mercury, as determined by subsection (x).

(x) The vapor pressure of each single component compound may be determined from one or more of the

following:

PROPOSED RULEMAKING 1649

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
(1) ASTM D2879, Standard Test Method for Vapor

Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, ASTM International, 100 Barr Harbor Drive, P. O. Box C700, West

Conshohocken, PA 19428-2959 USA, including updates

and revisions.

(2) The most recent edition of one or more of the

following sources:

(i) Vapour Pressures of Pure Substances, Boublik,

Elsevier Scientific Publishing Company, New York.

(ii) Perry’s Chemical Engineers’ Handbook, Green and

Perry, McGraw-Hill Book Company.

(iii) CRC Handbook of Chemistry and Physics, CRC

Press.

(iv) Lange’s Handbook of Chemistry, McGraw-Hill Book

Company.

(v) Additional sources approved by the SCAQMD or

other California air districts.

(y) If air pollution control equipment is used to meet

the requirements of this section, the owner or operator

shall make both of 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.

(2) The control efficiency shall be determined in accordance with one of the following:

(i) EPA Reference Method 25, Determination of Total

Gaseous Nonmethane Organic Emissions as Carbon,

found at 40 CFR 60, Subpart D, Appendix A, including

updates and revisions.

(ii) EPA Reference Method 25A, Determination of Total

Gaseous Organic Concentration Using a Flame Ionization

Analyzer, found at 40 CFR 60, Subpart D, Appendix A,

including updates and revisions.

(iii) EPA Reference Method 25B, Determination of Total

Gaseous Organic Concentration Using a Nondispersive

Infrared Analyzer, found at 40 CFR 60, Subpart D,

Appendix A, including updates and revisions.

(iv) CARB Method 100, Procedures for Continuous Gaseous Emission Stack Sampling, California Air Resources

Board, 1001 ‘‘I’’ Street, Post Office Box 2815, Sacramento,

CA 95812 USA, including updates and revisions.

(z) The active and passive solvent losses from the use

of an enclosed spray gun cleaning system or equivalent

cleaning system, as listed in subsection (f)(1), shall be

determined using the SCAQMD method, General Test

Method for Determining Solvent Losses from Spray Gun

Cleaning Systems, dated October 3, 1989, SCAQMD,

21865 Copley Drive, Diamond Bar, CA 91765 USA,

including updates and revisions.

(1) The test solvent for this determination shall be a

lacquer thinner with a minimum vapor pressure of 105

mm of mercury at 20° C.

(2) The minimum test temperature shall be 15° C.

(aa) For adhesive, sealant, adhesive primer or sealant

primer 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, as applied =

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.

(bb) For adhesive, sealant, adhesive primer or sealant

primer 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, as applied =

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 liters.

(cc) For low-solids adhesive, sealant, adhesive primer

or sealant primer products, grams of VOC per liter of

product thinned to the manufacturer’s recommendation,

including the volume of water and exempt compounds,

shall be calculated according to the following equation:

Grams of VOC per liter of product, as applied =

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.

(dd) 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.

(ee) To convert from grams per liter (g/l) to pounds per

gallon (lb/gal), multiply the result (VOC content) by 8.345

x 10-3 (lb/gal/g/l).

1650 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
Table V. VOC Content Limits for Adhesives, Sealants, Adhesive Primers and Sealant Primers, As Applied

VOC content limits VOC content limit

(pounds VOC per (grams VOC per liter,

Adhesive, sealant, adhesive primer or gallon, less water and less water and exempt

sealant primer category exempt compounds)* compounds)*

Adhesives

ABS welding 3.3 400

Ceramic tile installation 1.1 130

Computer diskette jacket manufacturing 7.1 850

Contact bond 2.1 250

Cove base installation 1.3 150

CPVC welding 4.1 490

Indoor floor covering installation 1.3 150

Metal to urethane/rubber molding or casting 7.1 850

Multipurpose construction 1.7 200

Nonmembrane roof installation/repair 2.5 300

Outdoor floor covering installation 2.1 250

Perimeter bonded sheet vinyl flooring installation 5.5 660

Plastic cement welding, other than ABS, CPVC or PVC welding 4.3 510

PVC welding 4.3 510

Sheet rubber installation 7.1 850

Single-ply roof membrane installation/repair 2.1 250

Structural glazing 0.8 100

Thin metal laminating 6.5 780

Tire retread 0.8 100

Waterproof resorcinol glue 1.4 170

Sealants

Architectural 2.1 250

Marine deck 6.3 760

Nonmembrane roof installation/repair 2.5 300

Roadway 2.1 250

Single-ply roof membrane 3.8 450

Other 3.5 420

Adhesive Primers

Automobile glass 5.8 700

Plastic cement welding 5.4 650

Single-ply roof membrane 2.1 250

Traffic making tape 1.3 150

Other 2.1 250

Sealant Primers

Marine deck 6.3 760

Nonporous architectural 6.5 775

Porous architectural 2.1 250

Other 6.3 750

*The VOC content is determined as the weight of VOC per volume of product, less water and exempt compounds, as

specified in subsections (aa) and (bb) or as the weight of VOC per volume of product, as specified in subsection (cc).

PROPOSED RULEMAKING 1651

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
Table VI. VOC Content Limits for Adhesive or Sealant Products Applied to Particular Substrates, As Applied

VOC content limit VOC content limit

Adhesive or Sealant (pounds VOC per (grams VOC per liter,

Products Applied to gallon, less water and less water and exempt

the Listed Substrate exempt compounds)* compounds)*

Fiberglass 1.7 200

Flexible vinyl 2.1 250

Metal 0.3 30

Porous material 1.0 120

Rubber 2.1 250

Other substrates 2.1 250

*The VOC content is determined as the weight of VOC per volume of product, less water and exempt compounds, as

specified in subsections (aa) and (bb) or as the weight of VOC per volume of product, as specified in subsection (cc).

CHAPTER 130. STANDARDS FOR PRODUCTS

(Editor’s Note: Subchapter D is new and printed in

regular type to enhance readability.)

Subchapter D. ADHESIVES, SEALANTS, PRIMERS

AND SOLVENTS

GENERAL PROVISIONS

Sec.

130.701. Applicability.

130.702. Emission standards.

130.703. Exemptions and exceptions.

130.704. Recordkeeping requirements.

130.705. Compliance procedures and test methods.

130.706. Container labeling.

§ 130.701. Applicability.

(a) Except as provided in § 130.703 (relating to exemptions and exceptions), this subchapter applies to a person

who, on or after April 15, 2010, sells, supplies, offers for

sale or manufactures for sale for use in this Commonwealth one or more of the following products subject to

this subchapter:

(1) An adhesive, sealant, adhesive primer or sealant

primer product.

(2) An adhesive or sealant product applied to particular

substrates.

(3) A surface preparation solvent or cleanup solvent

product.

(b) Except as provided in § 130.703, this subchapter

applies to a person who, on or after April 15, 2010, uses

or applies for compensation within this Commonwealth

one or more of the following products subject to this

subchapter:

(1) An adhesive, sealant, adhesive primer or sealant

primer product.

(2) An adhesive or sealant product applied to particular

substrates.

(3) A surface preparation solvent or cleanup solvent

product.

§ 130.702. Emission standards.

(a) Except as provided in § 130.703 (relating to exemptions and exceptions), on and after April 15, 2010, a

person may not sell, supply, offer for sale or manufacture

for sale for use in this Commonwealth one or more of the

following products subject to this subchapter:

(1) An adhesive, sealant, adhesive primer, or sealant

primer product manufactured on or after April 15, 2010,

which contains VOCs in excess of the applicable VOC

content limits specified in Table I.

(2) An adhesive or sealant product manufactured on or

after April 15, 2010, applied to particular substrates,

which contains VOCs in excess of the applicable VOC

content limits specified in Table II.

(b) Except as provided in § 130.703, on and after April

15, 2010, a person may not use or apply for compensation

within this Commonwealth one or more of the following

products subject to this subchapter:

(1) An adhesive, sealant, adhesive primer or sealant

primer product which contains VOCs in excess of the

applicable VOC content limits specified in Table I.

(2) An adhesive or sealant product applied to particular

substrates which contains VOCs in excess of the applicable VOC content limits specified in Table II.

(c) On and after April 15, 2010, the VOC content limits

in Table II for adhesives or sealants applied to particular

substrates apply as follows:

(1) If a person uses an adhesive or sealant subject to a

specific VOC content limit in Table I, the specific limit is

applicable rather than the adhesive-to-substrate limit in

Table II.

(2) If an adhesive is used to bond dissimilar substrates

together, the applicable substrate category with the highest VOC content is the limit for this use.

(d) On and after April 15, 2010, a person subject to this

subchapter using a surface preparation solvent or cleanup

solvent may not:

(1) Except as provided in paragraph (2) for single-ply

roof membrane, use materials containing VOCs for surface preparation, unless the VOC content of the surface

preparation solvent is less than 70 grams per liter of

material or 0.6 pound of VOC per gallon of material.

(2) If a surface preparation solvent is used in applying

single-ply roof membrane, use materials containing VOCs

for surface preparation, unless the composite vapor pressure, excluding water and exempt compounds, of the

surface preparation solvent is less than or equal to 45

mm mercury at 20° C.

(3) Except as provided in subsection (e), use materials

containing VOCs for the removal of adhesives, sealants or

adhesive or sealant primers from surfaces, other than

from the parts of spray application equipment, unless the

composite vapor pressure of the solvent used is less than

or equal to 45 mm mercury at 20° C.

1652 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
(e) On and after April 15, 2010, the removal of an

adhesive, sealant, adhesive primer or sealant primer from

the parts of spray application equipment shall be performed by one or more of the following methods:

(1) Using an enclosed cleaning system or equivalent

cleaning system, as determined by the test method

identified in § 130.705(g) (relating to compliance procedures and test methods).

(2) Using a solvent with a VOC content less than or

equal to 70 grams of VOC per liter of material or 0.6

pound of VOC per gallon of material.

(3) Soaking parts containing dried adhesive in a solvent if the composite vapor pressure of the solvent,

excluding water and exempt compounds, is less than or

equal to 9.5 mm mercury at 20° C and the parts and

solvent are in a closed container that remains closed

except when adding parts to or removing parts from the

container.

(f) On and after April 15, 2010, a person using adhesives, sealants, adhesive primers, sealant primers, surface

preparation solvents or cleanup solvents subject to this

subchapter shall store or dispose of all absorbent materials, including cloth or paper, which are moistened with

adhesives, sealants, primers or solvents subject to this

subchapter, in nonabsorbent containers that are kept

closed except when placing materials in or removing

materials from the container.

(g) On and after April 15, 2010, a person may not

solicit, require the use of or specify the application of an

adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent if the use or

application would result in a violation of this subchapter.

The prohibition of this subsection applies to all written or

oral contracts under which an adhesive, sealant, adhesive

primer, sealant primer, surface preparation solvent or

cleanup solvent subject to this subchapter is to be used at

a location in this Commonwealth.

(h) On and after April 15, 2010, a person who applies

or solicits the application of an adhesive, sealant, adhesive primer or sealant primer subject to the requirements

of this subsection may not add solvent to the adhesive,

sealant, adhesive primer or sealant primer in an amount

in excess of the manufacturer’s recommendation for application, if this addition causes the adhesive, sealant,

adhesive primer or sealant primer to exceed the applicable VOC content limit listed in Table I or II.

Table I. VOC Content Limits for Adhesives, Sealants, Adhesive Primers and Sealant Primers, As Applied

VOC content limit VOC content limit

(pounds VOC per (grams VOC per liter,

Adhesive, sealant, adhesive primer or gallon, less water and less water and exempt

sealant primer category exempt compounds)* compounds)*

Adhesives

ABS welding 3.3 400

Ceramic tile installation 1.1 850

Computer diskette jacket manufacturing 7.1 850

Contact bond 2.1 250

Cove base installation 1.3 150

CPVC welding 4.1 490

Indoor floor covering installation 1.3 150

Metal to urethane/rubber molding or casting 7.1 850

Multipurpose construction 1.7 200

Nonmembrane roof installation/repair 2.5 300

Outdoor floor covering installation 2.1 250

Perimeter bonded sheet vinyl flooring installation 5.5 660

Plastic cement welding, other than ABS, CPVC or PVC welding 4.3 510

PVC welding 4.3 510

Sheet rubber installation 7.1 850

Single-ply roof membrane installation/repair 2.1 250

Structural glazing 0.8 100

Thin metal laminating 6.5 780

Tire retread 0.8 100

Waterproof resorcinol glue 1.4 170

Sealants

Architectural 2.1 250

Marine deck 6.3 760

Nonmembrane roof installation/repair 2.5 300

Roadway 2.1 250

PROPOSED RULEMAKING 1653

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
VOC content limits VOC content limit

(pounds VOC per (grams VOC per liter,

Adhesive, sealant, adhesive primer or gallon, less water and less water and exempt

sealant primer category exempt compounds)* compounds)*

Single-ply roof membrane 3.7 450

Other 3.5 420

Adhesive Primers

Automotive glass 5.8 700

Plastic cement welding 5.4 650

Single-ply roof membrane 2.1 250

Traffic marking tape 1.3 150

Other 2.1 250

Sealant Primers

Marine deck 6.3 760

Nonporous architectural 2.1 250

Porous architectural 6.5 775

Other 6.3 760

*The VOC content is determined as the weight of VOC per volume of product, less water and exempt compounds, as

specified in § 130.705(h) and (i) or as the weight of VOC per volume of product, as specified in § 130.705(j).

Table II. VOC Content Limits for Adhesives or Sealant

VOC content limit VOC content limit

Adhesive or Sealant (pounds VOC per (grams VOC per liter,

Products Applied to gallon, less water and less water and exempt

the Listed Substrate exempt compounds)* compounds)*

Fiberglass 1.7 200

Flexible vinyl 2.1 250

Metal 0.3 30

Porous material 1.0 120

Rubber 2.1 250

Other substrates 2.1 250

*The VOC content is determined as the weight of VOC per volume of product, less water and exempt compounds, as

specified in § 130.705(h) and (i) or as the weight of VOC per volume of product, as specified in § 130.705(j).

§ 130.703. Exemptions and exceptions.

(a) This subchapter does not apply to the use or sale of

the following compounds or products:

(1) Adhesives, sealants, adhesive primers or sealant

primers being tested or evaluated in a research and

development, quality assurance or analytical laboratory, if

records are maintained as required under § 130.704

(relating to recordkeeping requirements).

(2) Adhesives, sealants, adhesive primers or sealant

primers that are subject to §§ 129.51, 129.52, 129.67,

129.73, 129.75, 129.101—129.107 or Chapter 130,

Subchapter B or C (relating to consumer products; and

architectural and industrial maintenance coatings).

(3) Adhesives and sealants that contain less than 20

grams of VOC per liter of adhesive or sealant, less water

and less exempt compounds, as applied.

(4) Cyanoacrylate adhesives.

(5) Adhesives, sealants, adhesive primers or sealant

primers that are sold or supplied by the manufacturer or

supplier in containers with a net volume of 16 fluid

ounces or less, or a net weight of 1 pound or less, except

plastic cement welding adhesives and contact adhesives.

(6) Contact adhesives that are sold or supplied by the

manufacturer or supplier in containers with a net volume

of 1 gallon or less.

(b) This subchapter does not apply to the use of

adhesives, sealants, adhesive primers, sealant primers,

surface preparation solvents or cleanup solvents in the

following operations:

(1) Tire repair operations, if the label of the adhesive

states, ‘‘For tire repair only.’’

(2) The assembly, repair and manufacture of aerospace

components or undersea-based weapons systems.

(3) The manufacture of medical equipment.

(4) Plaque laminating operations in which adhesives

are used to bond clear, polyester acetate laminate to wood

with lamination equipment installed prior to July 1, 1992.

A person claiming an exemption under this paragraph

shall record and maintain operational records sufficient to

demonstrate compliance with this exemption, in accordance with § 130.704.

(c) This subchapter does not apply to the use or

application of single-ply roof membrane installation or

repair adhesive, single-ply roof membrane sealant and

single-ply roof membrane adhesive primer prior to April

1654 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
15, 2010. This subchapter applies to the use and application of these products on the following schedule:

(1) For the years 2010 and 2011, from April 15 through

October 15.

(2) On and after January 1, 2012.

(d) This subchapter does not apply to the sale, supply,

offer for sale or manufacture for sale of a 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.

(e) Section 130.702(a)—(e) (relating to emission standards) does not apply 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 calendar year. A person claiming

exemption under this paragraph shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with § 130.704.

(f) Section 130.702(a)—(e) does not apply to the use of

a noncomplying adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent

if the total volume of noncomplying adhesives, sealants,

primers, surface preparation solvents and cleanup solvents applied facility-wide does not exceed 55 gallons per

calendar year. A person claiming exemption under this

subsection shall record and maintain operational records

sufficient to demonstrate compliance with this exemption,

in accordance with § 130.704.

(g) This subchapter does not apply to an adhesive,

sealant, adhesive primer or sealant primer product that

does not comply with § 130.702 if the manufacturer or

distributor of the noncomplying product makes and keeps

records demonstrating both of the following:

(1) The noncomplying adhesive, sealant, adhesive

primer or sealant primer product is intended for shipment and use outside of this Commonwealth.

(2) The manufacturer or distributor has taken reasonably prudent precautions to assure that the noncomplying

adhesive, sealant, adhesive primer or sealant primer

product is not distributed to or within this Commonwealth.

(h) The exemption in subsection (g) does not apply to

an adhesive, sealant, adhesive primer or sealant primer

product that is sold, supplied or offered for sale by a

person to a retail outlet in this Commonwealth.

(i) This subchapter does not apply to an adhesive,

sealant, adhesive primer or sealant primer product that is

sold or supplied for use or application at a facility subject

to the requirements of § 129.77 (relating to control of

emissions from the use or application of adhesives, sealants and primers).

(j) Sections 130.704 and 130.705 (relating to compliance procedures and test methods) do not apply to the use

of an adhesive, sealant, adhesive primer, sealant primer,

surface preparation solvent or cleanup solvent at a private residence for a noncommercial purpose.

§ 130.704. Recordkeeping requirements.

(a) On and after April 15, 2010, a person who sells,

supplies, offers for sale or manufactures for sale for use in

this Commonwealth an adhesive, sealant, adhesive

primer, sealant primer, surface preparation solvent or

cleanup solvent product subject to this subchapter shall

maintain records demonstrating compliance with this

subchapter, including the following information:

(1) A data sheet or material list which provides the

material name, manufacturer identification and material

application for each product.

(2) The VOC content of each product, as supplied.

(3) The number of gallons of product sold in this

Commonwealth.

(b) On and after April 15, 2010, a person who uses or

applies an adhesive, sealant, adhesive primer, sealant

primer, surface preparation solvent or cleanup solvent

product subject to this subchapter shall maintain records

demonstrating compliance with this subchapter, including

the following information:

(1) A list of each adhesive, sealant, adhesive primer,

sealant primer, surface preparation solvent and cleanup

solvent product in use and in storage.

(2) A data sheet or material list which provides the

product name, manufacturer identification and use or

material application for each product included on the list

required under paragraph (1).

(3) The VOC content of each product on the list

required under paragraph (1), as supplied.

(4) Catalysts, reducers or other components used and

the mix ratio.

(5) The VOC content or vapor pressure of each product

on the list required under paragraph (1), as applied, if

solvent or other VOC is added to the product before

application.

(6) The volume used of each product on the list required under paragraph (1).

(c) For an adhesive, sealant, adhesive primer and

sealant primer product subject to the laboratory testing

exemption of § 130.703(a)(1) (relating to exemptions and

exceptions), on and after April 15, 2010, the person

conducting the testing shall make and maintain records

of all materials used, including the following information:

(1) The product name.

(2) The product category of the material or type of

application.

(3) The VOC content of the material.

(d) Records made to determine compliance with this

subchapter shall be:

(1) Maintained for at least 5 years from the date the

record is created.

(2) Made available to the Department upon request.

§ 130.705. Compliance procedures and test methods.

(a) Except as provided in subsections (c)—(e), the VOC

and solids content of all nonaerosol adhesives, sealants,

adhesive primers, sealant primers, surface preparation

solvents and cleanup solvents shall be determined using

one of the following:

(1) EPA Reference Method 24, Determination of Volatile

Matter Content, Water Content, Density, Volume Solids,

and Weight Solids of Surface Coatings, found at 40 CFR

60, Subpart D, Appendix A, including updates and revisions.

(2) SCAQMD Method 304, Determination of Volatile

Organic Compounds (VOC) in Various Materials,

SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765

USA, including updates and revisions.

PROPOSED RULEMAKING 1655

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
(b) The identity and concentration of exempt organic

compounds shall be determined using one of the following:

(1) ASTM D4457, Standard Test Method for Determination of Dichloromethane and 1,1,1-Trichloroethane in

Paints and Coatings by Direct Injection into a Gas

Chromatograph, ASTM International, 100 Barr Harbor

Drive, Post Office Box C700, West Conshohocken, PA

19428-2959 USA, including updates and revisions.

(2) SCAQMD Method 303, Determination of Exempt

Compounds, SCAQMD, 21865 Copley Drive, Diamond

Bar, CA 91765 USA, including updates and revisions.

(c) The VOC content of a plastic cement welding adhesive or primer shall be determined using SCAQMD

Method 316A, Determination of Volatile Organic Compounds (VOC) in Materials Used for Pipes and Fittings,

SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765

USA, including updates and revisions.

(d) To determine if a diluent is a reactive diluent, the

percentage of the reactive organic compound that becomes

an integral part of the finished materials shall be determined using SCAQMD Method 316A, Determination of

Volatile Organic Compounds (VOC) in Materials Used for

Pipes and Fittings, SCAQMD, 21865 Copley Drive, Diamond Bar, CA 91765 USA, including updates and revisions.

(e) The composite vapor pressure of organic compounds

in cleaning materials shall be determined by the following

procedure:

(1) Quantifying the amount of each compound in the

blend using gas chromatographic analysis, using the

following methods:

(i) ASTM E260, Standard Practice for Packed Column

Gas Chromatography, ASTM International, 100 Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA

19428-2959 USA, for organic content, including updates

and revisions.

(ii) ASTM D3792, Standard Test Method for Water

Content of Coatings by Direct Injection Into a Gas

Chromatograph, ASTM International, 100 Barr Harbor

Drive, Post Office Box C700, West Conshohocken, PA

19428-2959 USA, for water content, including updates

and revisions.

(2) Calculating the composite vapor pressure using the

following equation:

n

 ( Wi ) ( VPi )/Mwi

i-1

Ppc= n n

Ww/Mww +  We/Mwe +  Wi

/Mwi

i-1 i-1

Where:

Ppc = VOC composite partial pressure at 20° C, in mm

Hg.

Wi = Weight of the ‘‘i’’th VOC compound, in grams, as

determined by ASTM E260.

Ww = Weight of water, in grams as determined by

ASTM D3792.

We = Weight of the ‘‘i’’th exempt compound, in grams,

as determined by ASTM E260.

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.

VPi = Vapor pressure of the ‘‘i’’th VOC compound at

20° C, in mm mercury, as determined by subsection (f).

(f) The vapor pressure of each single component compound may be determined from one or more of the

following:

(1) ASTM D2879, Standard Test Method for Vapor

Pressure-Temperature Relationship and Initial Decomposition Temperature of Liquids by Isoteniscope, ASTM International, 100 Barr Harbor Drive, Post Office Box C700,

West Conshohocken, PA 19428-2959 USA, including updates and revisions.

(2) The most recent edition of one or more of the

following sources:

(i) Vapour Pressures of Pure Substances, Boublik,

Elsevier Scientific Publishing Company, New York.

(ii) Perry’s Chemical Engineers’ Handbook, Green and

Perry, McGraw-Hill Book Company.

(iii) CRC Handbook of Chemistry and Physics, CRC

Press.

(iv) Lange’s Handbook of Chemistry, McGraw-Hill Book

Company.

(v) Additional sources approved by the SCAQMD or

other California air districts.

(g) The active and passive solvent losses from the use

of an enclosed spray gun cleaning system or equivalent

cleaning system, as listed in § 130.702(e)(1) (relating to

emission standards), shall be determined using the

SCAQMD method, General Test Method for Determining

Solvent Losses from Spray Gun Cleaning Systems, dated

October 3, 1989, SCAQMD, 21865 Copley Drive, Diamond

Bar, CA 91765 USA, including updates and revisions.

(1) The test solvent for this determination shall be a

lacquer thinner with a minimum vapor pressure of 105

mm of mercury at 20° C.

(2) The minimum test temperature shall be 15° C.

(h) For adhesive, sealant or primer 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, as applied =

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.

(i) For adhesive, sealant or primer products that contain reactive diluents, the VOC content of the product is

1656 PROPOSED RULEMAKING

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009
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, as applied =

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 liters.

(j) For low-solids adhesive, sealant or primer products,

grams of VOC per liter of product thinned to the manufacturer’s recommendation, including water and exempt

compounds, shall be calculated according to the following

equation:

Grams of VOC per liter of product, as applied =

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.

(k) 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.

(l) To convert from grams per liter (g/l) to pounds per

gallon (lb/gal), multiply the result (VOC content) by 8.345

× 10-3 (lb/gal/g/l).

§ 130.706. Container labeling.

On and after April 15, 2010, each manufacturer of an

adhesive, sealant, adhesive primer or sealant primer

product subject to this subchapter shall display the

following information on the product container or label:

(1) A statement of the manufacturer’s recommendation

regarding thinning, reducing or mixing of the product,

except that:

(i) This requirement does not apply to the thinning of a

product with water.

(ii) If thinning of the product prior to use is not

necessary, the recommendation must specify that the

product is to be applied without thinning.

(2) The maximum or the actual VOC content of the

product as supplied, displayed as one of the following:

(i) Weight of VOC per volume of product, less water

and exempt compounds, calculated in accordance with

§ 130.705(h) and (i) (relating to compliance procedures

and test methods).

(ii) Weight of VOC per volume of product, calculated in

accordance with § 130.705(j).

(3) The maximum or the actual VOC content of the

product as applied, which includes the manufacturer’s

maximum recommendation for thinning, displayed as one

of the following:

(i) Weight of VOC per volume of product, less water

and exempt compounds, calculated in accordance with

§ 130.705(h) and (i).

(ii) Weight of VOC per volume of product, calculated in

accordance with § 130.705(j).

[Pa.B. Doc. No. 09-619. Filed for public inspection April 3, 2009, 9:00 a.m.]

PENNSYLVANIA PUBLIC

UTILITY COMMISSION

[ 52 PA. CODE CH. 62 ]

[L-2008-2069115/57-266]

Licensing Requirements for Natural Gas Suppliers

The Pennsylvania Public Utility Commission (Commission) on December 4, 2008, adopted a proposed rulemaking order which revises the Commission’ natural gas

supplier licensing regulations regarding level of security

needed and forms of security used to satisfy statutory

security requirements for licensing.

Executive Summary

In its October 2005 Report to the General Assembly on

its investigation into competition in Pennsylvania’s retail

natural gas market, the Commission found that there was

not effective competition in the natural gas retail market

based in part on the low number of natural gas suppliers

(NGSs) participating in the market. Docket No.

I-00040103. The amount of financial security that an

NGS needed to provide for licensing was identified as a

possible barrier to market entry and participation. See 66

Pa.C.S. § 2208(c)(1)(i).

Based on the Commission’s finding, a collaborative of

stakeholders (SEARCH) was convened to discuss ways to

increase effective competition. The report on SEARCH

suggested the use of reasonable criteria for adjusting the

amount of security required for licensing and the use as

security of NGS accounts receivable in Purchase of Receivables Programs (POR) as two ways to increase the

number of suppliers participating in the retail market.

The Commission adopted this suggestion in its Final

Search Order and Action Plan, order entered September

11, 2008 at Docket No. I-00040103F0002 and directed

that the Commission’s regulation in 52 Pa. Code § 62.111

(relating bonds and other security) be revised accordingly.

This proposed rulemaking revises § 62.111 to include:

(1) the use of NGS accounts receivables in a Commission

approved POR program to satisfy part of, or the total

security requirement; (2) the adoption of standard language for financial instruments used for security; and (3)

the development of reasonable criteria for a natural gas

distribution company (NGDC) to use in adjusting the

PROPOSED RULEMAKING 1657

PENNSYLVANIA BULLETIN, VOL. 39, NO. 14, APRIL 4, 2009