RIIODE ISLAND 

D EPARTMENT OF ENVIRONMENTAL MANAGEMENT 

235 Promenndc Street, Providence. Rl 02908-5767 

25 March 2015 

David Conroy 

U.S. EPA - Region 1 

5 Post Office Square, 

Suite 1 00 (OEPOS-02) 

Boston, MA 02109-3912 

Re: Technical Revisions to Six Air Pollution Control Regulations 

Dear Mr. Conroy: 

TDD 401-222-4462 

On February 12, 2015 the Department of Environmental Management's Office of Air Resources 

filed technical revisions to seven of its Air Pollution Control Regulations. Five of these 

regulations are currently pending as SIP revisions, one regulation is federally enforceable, but 

not in the Sll' and one regulation is not cun-ently in the SIP. 

We are providing you six of these regulations to replace the cuiTent versions you have on file. 

Attached is a document that explains the changes that were made to each regulation and their 

current SIP status. 

Technical revisions are changes to a regulation that do not change the substance of the regulation 

in any way. Example revisions are typos, mislabeled sections, incmrect references, etc. 

If you have any questions on this issue, please contact me at ( 401) 222-2808, x-70 11. 

Sincerely, 

0~ v -'( /lli);- Douglas L. McVay, b/ef 

Office of Air Resources 

cc: Anne Arnold, EPA 

Ida McDonnell, EPA 

~ "\.I 30% post-consumer fiber 
Rl Department of Environmental Management 

Office of Air Resources 

Summary of technical revisions to six Air Pollution Control 

Regulations and their current SIP status 

March 2015 

• Air Pollution Control Regulation No.8- Sulfur Content of Fuels 

The regulation was revised to correct the title of section 8. 7. This regulation was submitted 

as a SIP revision on June 26, 2014 and is cun·ently pending. 

• Air Pollution Control Regulation No. 15 - Control of Organic Solvent Emissions 

The regulation was revised to correct the numbering of subsections 15.4.1 O(g) and (h) and 

revise the references to these sections in subsections 15.2.4(b) and 15.2.5(b). This regulation 

was submitted as a SIP revision on September 22, 2008 and is one of several regulations 

where the only difference between the state version and the SIP approved version is that 

certain definitions were removed and added to the General Definitions Regulation. 

• Air Pollution Control Regulation-No. 26 - Control of Organic Solvent Emissions from 

Manufacturers of Synthesized Pharmaceutical Products 

The regulation was revised in subsection 26.6.2 to correct the reference to another 

subsection. This regulation was submitted as a SIP revision on September 22, 2008 and is 

one of several regulations where the only difference between the state version and the SIP 

approved version is that certain definitions were removed and added to the General 

Definitions Regulation. 

• Air Pollution Control Regulation No. 29- Operating Pennits 

The regulation was revised in subsection 29.2.3 to correct the reference to another 

subsection. This revises the 31 January 2011 version of this regulation that was previously 

submitted to EPA pursuant to our implementation agreement for the Title V program that 

requires DEM provide EPA a copy of any promulgated amendments to the operating permit 

progran1. 

• Air Pollution Control Regulation No. 32 - Control of Volatile Organic Compounds from 

Marine Vessel Loading Operations 

The regulation was revised to correct a typographical error in subsection 32.1.2 and correct 

the symbol for degrees in subsection 32.4.3(f). This regulation was submitted as a SIP 

revision on September 22, 2008 and is one of several regulations where the only difference 
between the state version and the SIP approved version is that certain definitions were 

removed and added to the General Definitions Regulation. 

• Air Pollution Control Regulation No. 44 - Control ofVOC from Adhesives and Sealants 

The regulation was revised to correct the number of the regulation in the heading on page 2 

ofthe regulation. This regulation was submitted as a SIP revision on October 27, 2009 and is 

currently pending. 
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULATION NO. 44 

CONTROL OF VOLATILE ORGANIC COMPOUNDS FROM ADHESIVES 

AND SEALANTS 

Effective 4 June 2009 

AUTHORITY: These regulations are authorized pursuant to R.I. Gen. Laws§ 42-17.1 -2(s) 

and 23-23, as amended, and have been promulgated pursuant to the procedures set forth in the 

R.I. Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35. 
STATE OF RHODE ISLAND AND PROVIDENCE PLANTATIONS 

DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULATION NO. 44 

CONTROL OF VOLA TILE ORGANIC COMPOUNDS FROM 

ADHESIVES AND SEALANTS 

TABLE OF CONTENTS 

44. Control of Volatile Organic Compounds Adhesives and Sealants ......................................... 2 

44.1. Definitions ................................................................................................................................ 2 

44.2. Applicability and Exemptions .................................................................................................. 7 

44.3. Emissions Limitations .............................................................................................................. 9 

44.4. Labeling Requirements ........................................................................................................... 12 

44.5. Record keeping and Reporting ............................................................................................... 12 

44.6. Compliance Provisions and Test Methods ............................................................................. 14 

44.7. General Provisions .................................................................................................................. 16 

Page I of 17 
RHODE ISLAND DEPARTMENT OF ENVIRONMENTAL MANAGEMENT 

OFFICE OF AIR RESOURCES 

AIR POLLUTION CONTROL REGULATION NO. 44 

CONTROL OF VOLATILE ORGANIC COMPOUNDS FROM 

ADHESIVES AND SEALANTS 

44. Control ofVolatile Organic Compounds Adhesives and Sealants 

44.1. Definitions 

Unless otherwise expressly defmed in this section, the terms used in this regulation shall be 

defined by reference to the Air Pollution Control General Definitions Regulation. As used in 

these regulations, the following terms shall, where the context permits, be construed as follows: 

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

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

made by reacting monomers of acrylonitrile, butadiene and styrene. 

44.1.2 "Adhesive" means any chemical substance that is applied for the purpose ofbonding 

two smfaces together other than by mechanical means. 

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

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

44.1 .4 "Aerosol adhesive" means an adhesive packaged as an aerosol product in which the 

spray mechanism is permanently housed in a non-refillable can designed for handheld 

application without the need for ancillary hoses or spray equipment 

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

unit of any aircraft, helicopter, missile, or space vehicle, including passenger safety 

equipment. 

44.1.6 "Architectural sealant or primer" means any sealant or sealant primer intended by 

the manufacturer to be applied to stationary structures, including mobile homes, and 

their appurtenances. Appurtenances to an architectural structure include, but are not 

limited to: hand railings, cabinets, batlrroom and kitchen fixtures, fences, rain gutters 

and downspouts, and windows. 

44.1. 7 "Automotive glass adhesive primer" means an adhesive primer labeled by the 

manufacturer to be applied to automotive glass prior to installation of the glass using 

an adhesive/sealant. This primer improves the adhesion to pinch weld and blocks 

ultraviolet light. 

44.1.8 "CARB" means the California Air Resources Board. 

44.1.9 "Ceramic tile installation adhesive" means any adhesive intended by the 

manufacturer for use in the installation of ceramic tiles. 

Page 2 of 17 
44.1.10 "Chlorinated polyvinyl chloride welding adhesive" or "CPVC welding adhesive'~ 

means an adhesive labeled for welding of chlorinated polyvinyl chloride plastic. 

44.1.11 "Cleanup solvent" means a VOC-containing solvent used to remove a loosely held 

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

an adhesive, a sealant or a primer. 

44.1.12 "Computer diskette jacket manufacturing adhesive" means any adhesive intended 

by the manufacturer to glue the fold-over flaps to the body of a vinyl computer 

diskette jacket. 

44.1.13 "Contact bond adhesive" means an adhesive that: (i) is designed for application to 

both surfaces to be bonded together, and (ii) is allowed to dry before the two surfaces 

are placed in contact with each other, and (iii) forms an immediate bond that is 

impossible, or difficult, to reposition after both adhesive-coated surfaces are placed in 

contact with each other, and (iv) 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. "Contact 

Adhesive" does not include rubber cements that are primarily intended for use on 

paper substrates. "Contact Adhesive" also does not include vulcanizing fluids that are 

designed and labeled for tire repair only. 

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

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

forming a junction between the bottom wall course and the floor or to form an inside 

comer. 

44.1.15 "Cove base installation adhesive" means any 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. 

44.1.16 "Cyanoacrylate adhesive" means any single-component reactive diluent adhesive 

that contains at least 85% by weight methyl, ethyl, methoxymethyl or other functional 

groupings of cyanoacrylate. 

44.1.17 "Exempt compound" means any carbon-containing compound listed as an 

exemption to the definition of volatile organic compound (VOC) in the Rhode Island 

Air Pollution Control General Definitions Regulation. 

44.1 .18 "Flexible vinyl" means non-rigid polyvinyl chloride plastic with at five percent by 

weight plasticizer content. 

44.1.19 "Fiberglass" means a material consisting of extremely fine glass fibers. 

44.1.20 "Indoor floor covering installation adhesive" means any 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. Adhesives used to 

Page 3 of 17 
install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a nonporous substrate, such as flexible vinyl, are excluded from this category. 

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

44.1.22 "Low-solids adhesive, sealant or primer" means any product that contains 120 

grams or less of solids per liter of material. 

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

sealant primer labeled for application to wooden marine decks. 

44.1.24 "Medical equipment manufacturing" means the manufacture of medical devices, 

such as, but not limited to, catheters, heart valves, blood cardioplegia machines, 

tracheostomy tubes, blood oxygenators, and cardiatory reservoirs. 

44.1.25 "Meta l to urethane/rubber molding or casting adhesive" means any 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 

such as rollers for computer printers or other paper handling equipment. 

44.1.26 "Multipurpose construction adhesive" means any adhesive intended by the 

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

including but not limited to drywall, subfloor, panel, fiberglass reinforced plastic 

(FRP), ceiling tile and acoustical tile. 

44.1.27 "Non membrane roof installation/repair adhesive" means any 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, 

including, but not limited to, plastic or asphalt roof cement, asphalt roof coating and 

cold application cement. 

44.1 .28 "Outdoor floor covering installation adhesive" means any adhesive intended by 

the manufacturer for use in the installation of floor covering that is not in an enclosure 

and that is exposed to ambient weather conditions during normal use. 

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

tileboard), fiberglass reinforced plastic, and similar pre-decorated or non-decorated 

panels to studs or solid surfaces using an adhesive formulated for that purpose. 

44.1.30 "Perimeter bonded sheet flooring installation" means the installation of sheet 

flooring with vinyl backing onto a nonporous substrate using an adhesive designed to 

be applied only to a strip of up to four inches wide around the perimeter of the sheet 

flooring. 

44.1.31 "Plastic cement welding adhesive" means any adhesive intended by the 

manufacturer for use to dissolve the surface of plastic to form a bond between mating 

surfaces. 

Page 4 of 17 
44.1.32 "Plastic cement welding adhesive primer" means any primer intended by the 

manufacturer for use to prepare plastic substrates prior to bonding or welding. 

44.1.33 "Plasticizer" means a material, such as a high boiling point organic solvent, that is 

added to a hard plastic to increase its flexibility or pliability. 

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

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

44.1.35 "Porous material" means a substance that has tiny openings, often microscopic, in 

which fluids may be absorbed or discharged, including, but not limited to, wood, 

paper and conugated paperboard. 

44.1.36 "Propellant" means a fluid under pressure that expels the contents of a container 

when a valve is opened. 

44.1.3 7 "Reactive diluent" means a liquid that is a reactive organic compound during 

application and one in that, through chemical and/or physical reactions, such as 

polymerization, twenty (20) percent or more of the reactive organic compound 

becomes an integral part of a finished material. 

44.1.38 "Roadway sealant" means any sealant intended by the manufacturer for application 

to public streets, highways and other surfaces, including but not limited to curbs, 

berms, driveways and parking lots. 

44.1.39 "Rubber" means any natural or manmade rubber substrate, including but not limited 

to, styrene-butadiene rubber, polychloroprene (neoprene), butyl rubber, nitrile rubber, 

chlorosulfonated polyethylene and ethylene propylene diene terpolymer. 

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

California Air Resources Board. 

44.1.41 "Sealant primer" means any product intended by the manufacturer for application to 

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

44.1.42 "Sealant" means any material with adhesive properties that is formulated primarily 

to fill, seal, waterproof or weatherproof gaps or joints between two surfaces. Sealants 

include sealant primers and caulks. Sealers and other materials that are applied to a 

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

44.1.43 "Sheet-applied rubber installation" means the process of applying sheet rubber 

liners by hand to metal or plastic substrates to protect the underlying substrate from 

conosion or abrasion. These operations also include laminating sheet rubber to fabric 

by hand. 

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

synthetic material, such as ethylene-propylenediene monomer, polyvinyl chloride, 

thermal polyolefm or ketone ethylene ester, that is applied in a single layer to a 

building roof. 

Page 5 of 17 
44.1.45 "Single-ply roof membrane installation and repair adhesive" means any adhesive 

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

includes, as a minimwn, attaching the edge of the membrane to the edge of the roof 

and applying flashings to vents, pipes and ducts that protrude through the membrane. 

Repair includes gluing the edges of tom membrane together, attaching a patch over a 

hole and reapplying flashings to vents, pipes or ducts installed through the membrane. 

44.1.46 "Single-ply roof membrane adhesive primer" means any primer labeled for use to 

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

bonding. 

44.1.4 7 "Single-ply roof membrane sealant" means any sealant labeled for application to 

single-ply roof membrane. 

44.1 .48 "Solicit" means to require for use or to specify, by written or oral contract. 

44.1.49 "Solvent" means orgaruc compounds that are used as diluents, thinners, dissolvers, 

viscosity reducers, cleaning agents or other related uses. 

44.1.50 "Structural glazing adhesive" means any adhesive intended by the manufacturer to 

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

44.1 .51 "Su bfloor installation" means the installation of sub flooring material over floor 

joists, including the construction of any load bearing joists. Subflooring is covered by 

a firush surface material. 

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

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

44.1.53 "Thin metal laminating adhesive" means any adhesive intended by the 

manufacturer for use in bonding multiple layers of metal to metal or metal to plastic in 

the production of electronic or ma&>netic components in which the thickness of the 

bond line(s) is less than 0.25 mils. 

44.1.54 "Tire repair" means a process that includes expanding a hole, tear, fissw-e or 

blemish in a tire casing by grinding or gouging, applying adhesive and filling the hole 

or crevice with tubber. 

44.1.55 "Tire retread adhesive" means any adhesive intended by the manufacturer for 

application to the back of precure tread tubber and to the casing and cushion rubber. 

Tire tread adhesive may also be used to seal buffed tire casings to prevent oxidation 

while the tire is being prepared for a new tread. 

44.1.56 "Traffic marking tape" means preformed reflective film intended by the 

manufacturer for application to public streets, highways and other smfaces, including 

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

Page 6 of 17 
44.1 .57 "Traffic marking tape adhesive primer" means any primer intended by the 

manufacturer for application to surfaces prior to installation of traffic marking tape. 

44.1.58 "Undersea-based weapons systems components" means the fabrication ofpar1s, 

assembly of parts or completed units of any portion of a missile launching system 

used on undersea ships. 

44.1.59 "Waterproof resorcinol glue" means a two-part resorcinol-resin-based adhesive 

designed for applications where the bond line must be resistant to conditions of 

continuous immersion in fresh or salt water. 

44.2. Applicability and Exemptions 

44.2.1 

44.2.2 

44.2.3 

Except as provided in subsection 44.2.2- 44.2.4, the provisions of this regulation 

apply to any person who, on or after July 1, 2009, sells, offers for sale, supplies or 

manufactures any adhesive, sealant, adhesive primer or sealant primer for use within 

the State of Rhode Island, as well as any person who uses or solicits the use of any 

adhesive, sealant, adhesive primer or sealant primer within the State of Rhode Island. 

The emissions limitations in section 44.3 shall be applicable to single-ply roof 

membrane installation and repair adhesives, single-ply roof membrane sealants and 

single-ply roof membrane adhesive primers according to the following schedule: 

(a) Fortheyear2009,fromJuly 1 throughAugust31 ; 

(b) For the years 2010 and 2011, from May 1 through September 30: and 

(c) On and after January 1, 2012. 

The provisions of this ref,rulation do not apply to the following 

(a) Adhesives, sealants, adhesive primers and sealant primers manufactured prior 

to July 1, 2009 

(b) Testing or evaluation of adhesives, sealants, adhesive primers or sealant 

primers in a research and development, quality assurance or analytical 

laboratory, provided that records are maintained as specified in subsection 

44.5.3 of this rule; 

(c) Adhesives, sealants, adhesive primers and sealant primers that are subject to 

Rhode Island Air Pollution Control Regulation No. 31, "Control of Volatile 

Organic Compounds from Consumer Products," or Rhode Island Air 

Pollution Control Regulation No. 33, "Control of Volatile Organic 

Compounds from Architectural Coatings and Industrial Maintenance 

Coatings;" 

(d) Adhesives and sealants that contain less than 20 grams of VOC per liter of 

product, less water, as applied; 

Page 7 of 17 
(e) Cyanoacrylate adhesives; 

(f) Aerosol adhesives; 

(g) Adhesives, sealants, adhesive primers or sealant primers, except plastic 

cement welding adhesives and contact bond adhesives, 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 I pound or less; 

(h) Contact bond adhesives that are sold or supplied by the manufacturer or 

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

(i) The use of adhesives, sealants, adhesive primers, sealant primers, surface 

preparation and cleanup solvents in the following operations: 

(1) Tire repair, provided that the product label states "For tire repair only;" 

(2) Assembly, repair and manufacture of aerospace or undersea-based weapon 

systems; 

(3) Manufacture of medical equipment; and 

(4) Metal cleaning operations regulated by and performed in accordance with 

Rhode Island Air Pollution Control Regulation No. 36, ''Control of 

Emissions from Organic Solvent Cleaning;" 

(j) The use of adhesives, sealants, adhesive primers and sealant primers at a 

facility, if the total VOC emissions from all adhesives, sealants, adhesive 

primers and sealant primers used at the facility are less than 200 pounds in 

any consecutive twelve month period. Any person claiming an exemption 

pursuant to this paragraph shall record and maintain monthly operational 

records sufficient to document rolling twelve month VOC emissions in 

accordance with the specifications in section 44.5 of this regulation 

(k) Adhesives, sealants, adhesive primers and sealant primers that are sold, 

offered for sale or manufactured in Rhode Island for shipment and use 

outside of Rhode Island 

(I) The use of any adhesive, sealant, adhesive primer, sealant primer, cleanup 

solvent or surface preparation solvent at a private residence for noncommercial purposes. 

(m) The use of adhesives, cleanup solvents and surface preparation solvents in the 

repair and manufacture of submarines, when the use of noncomplying 

material is necessary to meet military performance specifications, provided 

that records of the use of such noncompliant materials are maintained in 

accordance with the specifications in section 44.5 of this regulation. 

Page 8 of 17 
44.2.4 The VOC content limits in Tables 44-1 and 44-2 of this regulation shall not apply if 

the total volume of adhesives, sealants, primers, cleanup and surface preparation 

solvents which have VOC contents in excess of those specified in Table 44-1 and 44-2 

applied at a facility does not exceed 55 gallons in any consecutive twelve month 

period. Any person claiming exemption pursuant to this subsection shall record and 

maintain monthly operational records sufficient to demonstrate compliance with this 

exemption in accordance with the specifications in section 44.5 of this rule. 

44.3. Emissions Limitations 

44.3.1 

44.3.2 

44.3.3 

44.3.4 

Except as provided in subsections 44.2.3, 44.2.4 and 44.3.5. of this regulation, no 

person shall manufacture, use, solicit the use of, sell, supply or offer for sale in Rhode 

Island any adhesive, sealant, adhesive primer or sealant primer that has a VOC content 

in excess of the applicable limit specified in Table 44-1 and 44-2. 

For adhesives, the VOC content limits in Table 44-1 and Table 44-22 shall apply as 

follows: 

(a) For adhesives listed in Table 44-1, the VOC content limits in Table 44-1, not 

the limits in Table 44-2, shall apply. 

(b) For adhesives not listed in Table 44-1 , the applicable VOC content limit in 

Table 44-2, which are based on substrate category, shall apply. If an 

adhesive is used to bond two different substrates, the applicable substrate 

category in Table 44-2 with the higher VOC content shall apply. 

For surface preparation solvents: 

(a) Except as provided in paragraph (b) ofthi.s subsection, the VOC content of 

surface preparation solvents shall be less than 70 grams per liter; 

(b) If a surface preparation solvent is used in applying single-ply roofing, the 

composite vapor pressure, excluding water and exempt compounds, of the 

surface preparation solvent shall not exceed 45 mm Hg at 20° Celsius; 

For cleanup solvents: 

(a) Except as provided in paragraph (b) of this subsection, the composite vapor 

pressure, excluding water, of a cleanup solvent shall not exceed 45 mm Hg at 

20° Celsius; 

(b) Removal of an adhesive, sealant, adhesive primer or sealant primer from the 

parts of spray application equipment shall be performed: 

(1) In an enclosed cleaning system or equivalent cleaning system, as 

determined by the test method identified in subsection 44.6.8 of this 

regulation, or 

Page 9 of 17 
44.3.5 

44.3.6 

(2) Using a solvent with a VOC content less than or equal to 70 grams of 

VOC per liter of material. Parts containing dried adhesive may be soaked 

in a solvent if the composite vapor pressure of the solvent, excluding 

water and exempt compounds, is less than or equal to 9.5 mm Hg at 20° 

Celsius and the parts and solvent are in a closed container that remains 

closed except when adding parts to or removing parts fi·om the container. 

A person using an adhesive, sealant, adhesive primer or sealant primer subject to this 

rule may comply with the VOC content limits in Tables 44-1 and 44-2 using air 

pollution control equipment, provided that such equipment meets the following 

requirements: 

(a) The air pollution control equipment reduces VOC emissions from all 

adhesives, sealants, adhesive primers or sealant primers used at the facility 

that are subject to this regulation by an overall capture and control efficiency 

of at least 85%, by weight; 

(b) For thermal incinerators, the combustion temperature shall be monitored 

continuously; 

(c) For catalytic incinerators, inlet and exhaust gas temperatures shall be 

monitored continuously; 

(d) For control devices other than thermal or catalytic incinerators, including 

carbon absorbers, the control device efficiency shall be monitored 

continuously; 

(e) Records sufficient to demonstrate compliance with the requirements of this 

subsection shall be maintained as specified in subsection 44.5.2 of this 

regulation. 

(f) A minor source permit or major source petmit, issued pursuant to Air 

Pollution Control Regulation No.9, has been issued for the air pollution 

control equipment. If the air pollution control equipment is exempt from the 

requirements to obtain a pennit in Regulation No. 9, a registration form must 

be on file with the Office of Air Resources. 

(g) Facilities that intend to comply with this regulation using air pollution control 

equipment may apply to the Director for an extension to the compliance date 

specified in subsection 44.2. 1. Extension requests must be received, in 

writing, by July I, 2009 and must include the date by which a permit 

application or registration form will be submitted and the date by which the 

control equipment will be installed. 

Any person using adhesives, sealants, adhesive primers, sealant primers, surface 

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

absorbent materials, such as cloth or paper, which are moistened with adhesives, 

sealants, primers or solvents subject to this ret,7Ulation in non-absorbent containers that 

Page 10 of 17 
shall be closed except when placing materials in or removing materials from the 

container. 

44.3.7 No person who applies or solicits the application of any adhesive, sealant, adhesive 

primer or sealant primer subject to this regulation shall add solvent to such adhesive, 

sealant or primer in an amount in excess of the manufacturer's recommendation for 

application, if such addition causes the adhesive, sealant or primer to exceed the 

applicable VOC content Jimjt in Table 44-1 or 44-2. 

Table 44-1 VOC Content Limits for Adhesives, Sealants, 

Adhesive Primers Sealant Primers and Adhesives '• 

Adhesive, sealant, adhesive primer or sealant primer VOC content limit (as applied) 

category (grams VOC per liter*) 

Adhesives 

ABS welding 400 

Ceramic tile installation 130 

Computer diskette jacket manufacturing 850 

Contact bond 250 

Cove base installation 150 

CPVC welding 490 

Indoor floor covering installation 150 

Metal to urethane/rubber molding or casting 850 

Multipurpose construction 200 

N onmembrane roof installation! repair 300 

Other plastic cement welding 510 

Outdoor floor covering installation 250 

PVC welding 510 

Single-ply roof membrane installation/repair 250 

Structural glazing 100 

Thin metal laminating 780 

Tire retread 100 

Perimeter bonded sheet vinyl flooring installation 660 

Waterproof resorcinol glue 170 

Sheet-applied rubber installation 850 

Sealants 

Architectural 250 

Marine deck 760 

Nonmembrane roof installation/repair 300 

Roadway 250 

Single-ply roof membrane 450 

Other 420 

Adhesive Primers 

Automotive glass 700 

Plastic cement welding 650 

Single-ply roof membrane 250 

Page 11 of 17 
Traffic marking tape 150 

Other 250 

Sealant Primers 

Non-porous architectural 250 

Porous architectural 775 

Marine deck 760 

Other 750 

Table 44-2 VOC Content Limits for Adhesives Applied to Listed Substrates 

Substrate VOC content limit (as applied) 

(grams VOC per liter*) 

Flexible vinyl 250 

Fiberglass 200 

Metal 30 

Porous material 120 

Rubber 250 

* The VOC content is determined as the weight of volatile organic compounds, less water, determmed 

as specified in section 44.6 of this regulation .. 

44.4. Labeling Requirements 

44.4.1. Each manufacturer of an adhesive, sealant, adhesive primer or sealant primer subject 

to this regulation shall display the following information on the product container or 

label: 

(a) A statement of the manufacturer's recommendation regarding thinning, reducing, or 

mixing of the product, provided that: 

(1.) This requirement does not apply to the thiMing of a product with water; and 

(2.) If thinning of the product prior to use is not necessary, the statement must 

specify that the product is to be applied without thinning; 

(b) The maximum or the actual VOC content of the product, as supplied, in grams of 

VOC per liter of product, calculated as specified in section 44.6 of this regulation; 

(c) The maximum VOC content of the product, as applied, in grams ofVOC per liter of 

product, after thinning according to the manufacturer's maximum thinning 

recommendation. 

44.5. Record keeping and Reporting 

44.5.1. Except as provided in subsection 44.5.2, each person subject to this regulation shall 

maintain records sufficient to demonstrate compliance with the applicable limitations 

in section 44.3 of this regulation. Such records shall include, as applicable, but not be 

Page 12 of 17 
limited to, the following information for each adhesive, sealant, adhesive primer, 

sealant primer, cleanup solvent and surface preparation solvent in use or in storage:: 

(a) The product name, manufacturer and applicable category or substrate, as listed in 

Tables 44-1 and 44-2; 

(b) The VOC content of the product, as supplied, in grams ofVOC per liter of product. 

calculated as specified in section 44.6 of this regulation;; 

(c) The name and VOC content of any catalysts, reducers, thinners or other components 

with which the product is mixed prior to the use and the mix ratio used: 

(d) The final VOC content of the product, as applied, after mixing, in grams of VOC 

per liter of product; and 

(e) The monthly volume of product used. 

44.5 .2. Any person who complies with section 44.3 through the use of air pollution control 

equipment, as specified in subsection 44.3.5, shall record the following information: 

(a) The volume used per day of each adhesive, sealant, adhesive primer, sealant primer 

or solvent with a VOC content that exceeds the applicable VOC content limit in 

Table 44-1 or 44-2; 

(b) Daily hours of operation of the control equipment; 

(c) Date and type of maintenance operations perfonned on the control equipment, 

(d) For thermal incinerators, the combustion temperature, recorded daily; 

(e) For catalytic incinerator; the inlet and exhaust gas temperatures, recorded daily; 

(I) For control devices other than thermal and catalytic incinerators, the VOC 

concentrations of the inlet and exhaust gas; and 

(g) Any other records necessary to document that the control equipment is in 

compliance with the control and capture efficiency requirement in paragraph 

44.3.5(a). 

44.5.3. For adhesives, sealants, adhesive primers and sealant primers subject to the laboratory 

testing exemption pursuant to paragraph 44.2.3(b) of this regulation, the person 

conducting the testing shall make and maintain records of all such materials used, 

including, but not limited to, the product name, the manufacturer and the product 

category of the material or type of application. 

44.5.4. Information recorded pursuant to requirements of this section shall be maintained at 

the facility for five years and shall be made available to the Director within 90 days of 

request. 

Page 13 of17 
44.6. Compliance Provisions and Test Methods 

44.6.1. Except as provided in subsections 44.6.2 - 44.6.5, the VOC and solids content of all 

non-aerosol adhesives, adhesive primers and cleanup solvents shall be determined 

using U.S. EPA Reference Method 24, as identified in 40 CFR 60, Appendix A, or 

SCAQMD Method 304. 

44.6.2. The organic content of exempt organic compounds shall be determined using ASTM 

04457-85, as applicable. 

44.6.3. The VOC content of any plastic cement welding adhesive or primer shall be 

determined using SCAQMO Method 316A. 

44.6.4. To determine if a diluent is a reactive diluent, the percent of the reactive organic 

compound that becomes an integral part of the finished materials shall be determined 

using SCAQMD Method 316A. 

44.6.5. The composite vapor pressure of organic compounds in cleaning materials shall be 

determined by quantifying the amount of each compound in the blend using gas 

chromatographic analysis (ASTM E 260-91) for organics and ASTM 0 3792-79 for 

water content, as applicable, and the following equation: 

Where: 

1'1 L (Wi)(VP~ Mwi D i•1 fPc ----~~--------------- 1'1 7r 

W /Mv ~ W !Mw -~ ~ WJMw.. M M' ~ ~ ~ ~ I I 

i-1 i-1 

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 E 260-91 

Ww = Weight of water, in grams as determined by ASTM 0 3792-86 

We = Weight of the "i"th exempt compound, in grams, as detennined by ASTM E 260-91 

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 Hg, as determined by 

subdivision (6) of this section 

Page 14 of 17 
44.6.6. The vapor pressure of each single component compound may be determined from 

ASTM 0 2879-86 or may be obtained from any of the following sources: 

(a) The most recent edition of The Vapor Pressure of Pure Substances, Boublik, Friedl, 

and Hala; Elsevier Scientific Publishing Company, New York; 

(b) The most recent edition of Perry's Chemical Engineer's Handbook, McGraw-Hill 

Book Company; 

(c) The most recent edition of CRC Handbook of Chemistry and Physics, Chemical 

Rubber Publishing Company; 

(d) The most recent edition of Lange's Handbook of Chemistry, John Dean, editor, 

McGraw-Hill Book Company; or 

(e) Additional sources approved by the SCAQMD or other California air districts. 

44.6.7. If air pollution control equipment is used to meet the requirements of this rule, the 

owner or operator shall make the following determinations: 

(a) The measurement of capture efficiency shall be conducted and reported in 

accordance with the EPA Technical Document "Guidelines for Determining Capture 

Efficiency, " issued January 9, 1995; and 

(b) The control efficiency shall be determined in accordance with U.S. EPA Methods 

25, 25A, 25B or CARB Method 100. 

44.6.8. The active and passive solvent losses fi·om spray gun cleaning systems shall be 

determined using SCAQMD's "General Test Method for Determining Solvent Losses 

from Spray Gun Cleaning Systems," dated October 3, 1989. The test solvent for this 

determination shall be any lacquer thinner with a minimum vapor pressure of 105 mm 

of Hg at 20° Celsius, and the minimum test temperature shall be 15° Celsius. 

44.6.9. For adhesives that do not contain reactive diluents, grams ofVOC per liter of 

adhesive, less water, shall be calculated according to the following equation: 

Grams ofVOC per liter of adhesive = W.~- Ww- We 

Vm- Vw - Ve 

Where 

Ws 

Ww = 

We = 

Vm 

Vw 

Ve 

weight of volatile compounds, in grams 

weight of water, in grams 

weight of exempt compounds, in grams 

volume of material, in liters 

volume of water, in liters 

volume of exempt compounds, in liters 

Page 15 of 17 
44.6. 1 0. For adhesives that!: contain reactive diluents, the VOC content of the adhesive is 

detennined after curing. The grams ofVOC per I iter of adhesive, less water, shall be 

calculated according to the following equation: 

Grams ofVOC per liter of adhesive = Wrs - Wrw - Wre 

Vrm - Vrw- Vre 

Where 

Wrs = weight of volatile compounds not consumed during curing, in grams 

Wrw = weight of water not consumed during curing, in grams 

Wre = weight of exempt compounds not consumed during curing, in grams 

Vrm = volume of material not consumed during curing, in liters 

Vrw =volume of water not consumed during curing, in liters 

Vre = volume of exempt compounds not consumed during curing, in liters 

44.6.11. Grams of VOC per liter of material shall be calculated according to the following 

equation: 

Grams ofVOC per liter of materials = Ws- Ww- We 

Vm 

Where 

Ws 

Ww 

We 

Vm 

= 

= 

= 

weight of volatile compounds, in grams 

weight of water, in grams 

weight of exempt compounds, in grams 

volume of material, in liters 

44.6.12. Percent VOC by weight shall be calculated according to the following equation: 

% VOC by weight = [(Wv/ W)] x 100 

Where 

Wv 

w 

= 

= 

weight of VOCs in grams 

weight of material in grams 

44.7. General Provisions 

44.7.1. Purpose 

The purpose of this regulation is to limit the emissions of volatile organic compounds from 

adhesives and sealants. 

44.7.2. Authority 

These regulations are authorized pursuant to R.I. Gen. Laws§ 42-17.1-2(s) and 23-23, as 

amended, and have been promulgated pursuant to the procedures set forth in the R.I. 

Administrative Procedures Act, R.I. Gen. Laws Chapter 42-35. 

Page 16 of 17 
44.7.3. Application 

The terms and provisions of this regulation shall be liberally construed to pennit the Department 

to effectuate the purposes of state law, goals and policies. 

44.7.4. Severability 

If any provision of this rebrulat:ion or the application thereof to any person or circumstance, is 

held invalid by a court of competent jurisdiction, the validity of the remainder of the regulation 

shall not be affected thereby. 

44.7.5. Effective Date 

Janet Coit, Director 

Department of Environmental Management 

Notice Given on: January 20, 2009 

Public Hearing held: February 20, 2009 

Filing Date: May 15,2009 

Effective Date: June 4, 2009 

Page 17 of 17 
State of Rhode Island and Providence Plantations 

Department of State 1 Office of the Secretary of State 

Nellie M. Gorbea, Secretary of State 

Rules and Regulations Filing Form 

I. Agepcy Name and Mdress 

Environme.ntal Management. Department of, Air Resources 

235 Promenade Street 

2. Tille of Rule 

Air Pollution Control Regulation No. 44, 'Control of VOC from Adhesives and Sealants' 

3. Statutorv Source of Authority 

RIGL 42- 17 .l-2(s) and 23-23 

4. Conc!st Exolanat9ry Statemept - §42-35-2.3 

Technical revisions to correct a typo in the title of the regulation, and to correct the cited statutory authority. 

5. Tvoe of Filinl! 

Emergency Rules 

AI. Emergency 120·day initial- §42-35-3(b) 

0 .Adoption 

D Amendment of ERLID: 

A2. Emergency 90-day renewal- §42-35-3(b) 

0Adoption 

0Amendment 

;TI Repeal of ERLID: 

Brief Statement of Reason for Finding Imminent Peril §42-35-3(b)(2): 

0 B I. Amendment 

Supersedes ERLID: 5540 

D B2. Adoption 

Repeals ERLID: 

If B I or C. please indicate new, amended, deleted, or revised sections: 

6. Notice apd Hearing Jnfonnation 

Date of Public Notice - §42-35-3(a)( I ):Notice Not Required 

Date of Public Hearing · §42-35-3(aX2):Hearing Not Required 

End of Comment Period: 

7. Agepcy Mditlopul Informal jog · Web Page 

8. Certification 

Indicate ERLID of 120-day initial: 

I<'lnal Rules 

0B3. Repeal 

Expires ERLID: 

0::. Technical Revision 

ERLIO#: 8036 

1 hereby ctrtifY that the attached rules and regulations were ado te I i11 accorda11ce with the Administrati}e Procedures Act (42-35) and that th~y are true 

thisD " nm 

True Copy Attest------- ffiU D#: 8036 

u_ ]u.J.U_ ~ --=--~Sec~ retarY of State