RULES AND REGULATIONS

Title 25—ENVIRONMENTAL

PROTECTION

ENVIRONMENTAL QUALITY BOARD

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

Adhesives, Sealants, Primers and Solvents

The Environmental Quality Board (Board) amends

Chapters 121 and 129 (relating to general provisions; and

standards for sources) and adds 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 final-form rulemaking adds definitions to § 121.1

(relating to definitions) for 57 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 amends definitions for 9

existing terms to provide clarity.

The final-form rulemaking amends § 129.51(a) (relating to general) to add § 129.77 to the list of sections for

which compliance may be achieved by alternative methods.

The final-form rulemaking adds § 129.77 to regulate

the owner or operator of a facility or stationary source

that uses or applies, on or after January 1, 2012, a

regulated adhesive, sealant, adhesive primer or sealant

primer product. The final-form rulemaking adopts 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

final-form rulemaking also includes requirements for the

use of surface preparation solvents and cleanup solvents.

Owners and operators using noncomplying products have

the option to use add-on controls as a compliance alternative rather than switching to complying products.

The final-form rulemaking adds Chapter 130,

Subchapter D 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. Chapter 130, Subchapter D applies to a person

who, on or after January 1, 2012, 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 also apply to a person who uses or applies in this

Commonwealth, 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.

This order was adopted by the Board at its meeting on

September 21, 2010.

A. Effective Date

This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.

B. Contact Persons

For further information, contact Arleen 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 Furlan, Assistant

Counsel, Bureau of Regulatory Counsel, P. O. Box 8464,

Rachel Carson State Office Building, Harrisburg, PA

17105-8464, (717) 787-7060. Persons with a disability

may use the Pennsylvania AT&T Relay Service, (800)

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

This final-form rulemaking is available through the Department of Environmental Protection’s (Department)

web site at www.depweb.state.pa.us (Keyword: Public

Participation).

C. Statutory Authority

This final-form rulemaking is authorized under section

5 of the Air Pollution Control Act (35 P. S. § 4005), which

in subsection (a)(1) grants the Board the authority to

adopt rules and regulations for the prevention, control,

reduction and abatement of air pollution in this Commonwealth, and which in subsection (a)(8) grants the Board

the authority to adopt rules and regulations designed to

implement the Clean Air Act (CAA) (42 U.S.C.A.

§§ 7401—7671q).

D. Background and Purpose

The purpose of this final-form 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 final-form 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 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, nitrogen oxides, carbon monoxide, sulfur dioxide and lead. The CAA 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. The EPA established primary

and secondary ozone 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

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

damaged cells are shed and replaced. Over a long-time

period, lung tissue may become permanently scarred,

resulting in permanent 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 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 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 July 1997, the EPA established primary and secondary ozone standards at a level of 0.08 part per million

(ppm) averaged over 8 hours. See 62 FR 38855 (July 18,

1997). In 2004, the EPA designated 37 counties in this

Commonwealth as 8-hour ozone nonattainment areas for

the 1997 8-hour ozone NAAQS. This Commonwealth is

meeting the 1997 standard in all areas except the

five-county Philadelphia area. The areas in which the

1997 standard has been attained are required to have

permanent and enforceable control measures to ensure

violations do not occur for the next decade.

Furthermore, in March 2008, the EPA lowered the

standard to 0.075 ppm averaged over 8 hours to provide

even greater protection for children, other at-risk populations and the environment against the array of ozoneinduced adverse health and welfare effects. See 73 FR

16436 (March 27, 2008). The EPA is reconsidering the

March 2008 ozone NAAQS and proposed at 75 FR 2938

(January 19, 2010) to set a more protective 8-hour ozone

primary standard between 0.060 and 0.070 ppm to provide increased protection for children and other at-risk

groups. The EPA also proposed that the secondary ozone

standard, which was set identically to the revised primary standard in the 2008 final rule, should instead be a

new cumulative, seasonal standard. See 75 FR 2938. This

seasonal standard is designed to protect plants and trees

from damage occurring from repeated ozone exposure,

which can reduce tree growth, damage leaves and increase susceptibility to disease. The final revised ozone

NAAQS is expected in 2011.

There are no Federal limits for the larger container

sizes of adhesive, sealant, adhesive primer and sealant

primer products subject to regulation under this finalform 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 solventbased 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 final-form 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 Commonwealth-specific final-form rulemaking.

The Department has determined that the measures

provided in the 2006 Model Rule are appropriate to be

implemented in this Commonwealth.

This final-form rulemaking will assist in reducing VOC

emissions locally as well as reducing the transport of

VOC emissions and ground-level ozone to downwind

states. This final-form rulemaking is consistent with

regulatory initiatives that will be undertaken by other

jurisdictions in the Ozone Transport Region (OTR). Adoption of VOC emission requirements for adhesives, sealants, primers and solvents is part of the Commonwealth’s

strategy, in concert with other OTR jurisdictions, to

further reduce transport of VOC ozone precursors and

ground-level ozone throughout the OTR to attain and

maintain the 8-hour ozone NAAQS. The final-form rulemaking is reasonably necessary to attain and maintain

the health-based 8-hour ozone NAAQS. This final-form

rulemaking will be submitted to the EPA as a revision to

the State Implementation Plan (SIP).

The final-form rulemaking was discussed with the Air

Quality Technical Advisory Committee (AQTAC) on November 18, 2009, and February 18, 2010. The AQTAC

unanimously concurred with the Department’s recommendation to present the final-form amendments to the Board

for approval for publication as a final regulation. The

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Department also consulted with the Citizens Advisory

Council (CAC) on December 16, 2009, and the Small

Business Compliance Advisory Committee (SBCAC) on

July 28, 2010. Neither the CAC nor the SBCAC had

concerns.

E. Summary of Regulatory Requirements; and Changes to

the Proposed Rulemaking

This final-form rulemaking amends the following definitions in § 121.1 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 final-form 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,’’

‘‘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.’’

Three of the definitions previously listed are amended

in the final-form rulemaking in response to public comment: ‘‘metal to urethane/rubber molding or casting adhesive,’’ ‘‘rubber’’ and ‘‘single-ply roof membrane.’’ A fourth

definition, ‘‘fiberglass,’’ is amended to include both the

proposed definition and a different definition of the same

term adopted at 40 Pa.B. 3328 (June 19, 2010) for a

different purpose. The definition specifies which definition

applies when.

The final-form rulemaking amends § 129.51(a) to extend its coverage to adhesives, sealants, primers and

solvents covered by § 129.77. Section 129.51(a) provides

an alternative method for owners and operators of facilities to achieve compliance with air emission limits.

The final-form rulemaking adds § 129.77. Many of the

revisions to the proposed language are made for the

purpose of clarity. The compliance date is also changed,

based on the anticipated publication date of the final-form

rulemaking.

Section 129.77(a) establishes that this section applies to

the owner or operator of a facility that uses or applies at

the facility, on or after January 1, 2012, an adhesive,

sealant, adhesive primer or sealant primer subject to the

VOC content limits in § 129.77, Table V (relating to VOC

content limits for adhesives, sealants, adhesive primers

and sealant primers, as applied); an adhesive or sealant

product applied to the listed substrate subject to the VOC

content limits in § 129.77, Table VI (relating to VOC

content limits for adhesive or sealant products applied to

particular substrates, as applied); or a surface preparation solvent or cleanup solvent.

Section 129.77(b) establishes that, on or after January

1, 2012, 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 § 129.77.

Section 129.77(c) establishes that, on or after January

1, 2012, 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.

Section 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 owner or operator of a facility uses or

applies at the facility an adhesive to bond dissimilar

substrates together, the applicable substrate category

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

Section 129.77(e) specifies requirements for an owner or

operator of a facility using or applying a surface preparation solvent or cleanup solvent at the facility.

Section 129.77(f) specifies the requirements for removal

of an adhesive, sealant, adhesive primer or sealant

primer from the parts of spray application equipment.

Section 129.77(g) addresses the requirements for an

owner or operator of a facility using or applying at the

facility an adhesive, sealant, adhesive primer, sealant

primer, surface preparation solvent or cleanup solvent

subject to this section that wants to use add-on air

pollution control equipment to comply. The subsection is

amended in the final-form rulemaking to add requirements for recording and maintaining daily records of

certain information for add-on air pollution control devices. The final-form rulemaking also amends this subsection to provide an owner or operator of a facility that

intends to comply with § 129.77 through the use of

add-on air pollution control equipment with the option to

request an extension to the compliance date.

Section 129.77(h) establishes that an owner or operator

of a facility 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 at the facility that are kept

closed except when placing materials in or removing

materials from the container.

Section 129.77(i) establishes that an owner or operator

of a facility subject to this section may not solicit, require

or specify the use or application of a product subject to

this section if the use or application would result in a

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fies that this restriction does not apply if the emissions

are controlled through the use of add-on air pollution

control equipment. The final-form rulemaking specifies

that the prohibition of subsection (i) applies to all written

or oral contracts created on or after January 1, 2012,

under which an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent

subject to this section is to be used or applied at a facility

in this Commonwealth.

Section 129.77(j) specifies that an owner or operator of

a facility subject to this section who uses or applies 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).

Section 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 (p) and (q); products that are

subject to § 129.73 (relating to aerospace manufacturing

and rework), Chapter 130, Subchapter B (relating to

consumer products) or Chapter 130, Subchapter C (relating to architectural and industrial maintenance coatings);

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.

Section 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.

The final-form rulemaking deletes proposed

§ 129.77(m), which provided a phased-in compliance

schedule for the use and application of single-ply roof

membrane materials. The proposed schedule is removed

because the change in compliance date to January 1,

2012, made it unnecessary.

Section 129.77(m) in the final-form rulemaking, which

amends proposed § 129.77(n), provides an exemption

from § 129.77 if the total VOC emissions from all adhesives, sealants, adhesive primers and sealant primers

used or applied at the facility are less than 200 pounds or

an equivalent volume per calendar year. An owner or

operator of a facility claiming exemption under this

subsection shall record and maintain operational records

sufficient to demonstrate compliance with this exemption.

Section 129.77(n) in the final-form rulemaking, which

amends proposed § 129.77(o), provides an exemption from

§ 129.77 for the use or application of a noncomplying

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

volume of noncomplying products used or applied facilitywide does not exceed 55 gallons per calendar year. An

owner or operator of a facility claiming exemption under

this subsection shall record and maintain operational

records sufficient to demonstrate compliance with this

exemption.

Section 129.77(o) in the final-form rulemaking, which

amends proposed § 129.77(p), specifies that each owner

or operator subject to this section shall maintain records

demonstrating compliance with this section. This subsection is amended in the final-form rulemaking in response

to comments to specify that records of volume must

indicate monthly volume.

Section 129.77(p) in the final-form rulemaking, which

amends proposed § 129.77(q), provides recordkeeping requirements for the person conducting testing on products

that are subject to the laboratory testing exemption.

Section 129.77(q) in the final-form rulemaking, which

amends proposed § 129.77(r), specifies that all records

made to determine compliance with this section shall be

maintained onsite for 5 years from the date the record is

created and made available to the Department upon

request. This subsection is amended in the final-form

rulemaking in response to comments to specify that

records must be made available to the Department upon

receipt of a written request.

Section 129.77(r) in the final-form rulemaking, which

amends proposed § 129.77(s), specifies, with certain exceptions, that the VOC and solids content of nonaerosol

adhesives, sealants, adhesive primers, sealant primers,

surface preparation solvents and cleanup solvents shall

be determined using either EPA Reference Method 24 or

South Coast Air Quality Management District (SCAQMD)

Method 304, including updates and revisions. This subsection is amended in the final-form rulemaking in

response to comment to specify that the VOC and solids

content of nonaerosol adhesives, including one-part moisture cure urethane adhesives and silicone adhesives, shall

be determined using either EPA Reference Method 24 or

SCAQMD Method 304, including updates and revisions.

Section 129.77(s), added in response to public comment,

adds a test method for determining the volatile matter

and solids content of one-part or multiple part reactive

adhesives, except one-part moisture cure urethane adhesives and silicone adhesives.

Section 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.

Section 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.

Section 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.

Section 129.77(w) specifies the procedure for determining the composite vapor pressure of organic compounds in

cleaning materials.

Section 129.77(x) specifies that the vapor pressure of

each component in the cleaning material subject to

§ 129.77(w) shall be determined from either ASTM 2879

or one or more of the listed references, including updates

and revisions.

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Section 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.

Section 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.

New § 129.77(aa) allows for use of another test method

to determine the VOC or solids content of a product if a

request is submitted to the Department in writing, the

request demonstrates that the test method provides results that accurately determine the concentration of

VOCs in the product or its emissions, and the request is

approved by the Department in writing.

Section 129.77(bb) specifies the method for calculating

the VOC content of adhesive, sealant, adhesive primer or

sealant primer products that do not contain reactive

diluents.

Section 129.77(cc) specifies the method for calculating

the VOC content for adhesive, sealant, adhesive primer or

sealant primer products that contain reactive diluents.

Section 129.77(dd) specifies the method for calculating

the VOC content for low-solids adhesive, sealant, adhesive primer or sealant primer products.

Section 129.77(ee) specifies the method for calculating

percent VOC by weight.

Section 129.77(ff) specifies how to convert from units of

grams per liter to units of pounds per gallon.

Section 129.77, Table V lists the VOC content limits for

the regulated adhesives, sealants, adhesive primers and

sealant primers, as applied. The VOC content limits for

nonporous architectural and porous architectural sealant

primers are corrected in the final-form rulemaking, as

they had been transposed in the proposed rulemaking.

Section 129.77, Table VI lists the VOC content limits

for adhesive or sealant products applied to particular

substrates, as applied.

The final-form rulemaking adds Chapter 130,

Subchapter D. Many of the revisions to the proposed

rulemaking are made for the purpose of clarity. The

compliance date is also changed, based on the anticipated

publication date of the final-form rulemaking.

Section 130.701 (relating to applicability) in the finalform rulemaking establishes that, except as provided in

§ 130.703 (relating to exemptions and exceptions), this

subchapter applies to a person who, on or after January

1, 2012, sells, supplies, offers for sale, manufactures for

sale for use or application in this Commonwealth, or uses

or applies for compensation in this Commonwealth one or

more of the following products subject to this subchapter:

an adhesive, sealant, adhesive primer or sealant primer;

an adhesive or sealant product applied to particular

substrates; or a surface preparation solvent or cleanup

solvent product.

Section 130.702(a) (relating to emission standards) establishes that, except as provided in § 130.703, a person

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

for use or application in this Commonwealth an adhesive,

sealant, adhesive primer or sealant primer manufactured

on or after January 1, 2012, which contains VOCs in

excess of the applicable VOC content limit specified in

Table I (relating to VOC content limits for adhesives,

sealants, adhesive primers and sealant primers, as applied).

Section 130.702(a) also establishes that, except as

provided in § 130.703, a person may not sell, supply, offer

for sale or manufacture for sale for use or application in

this Commonwealth an adhesive or sealant product

manufactured on or after January 1, 2012, applied to

particular substrates, which contains VOCs in excess of

the applicable VOC content limit in Table II (relating to

VOC content limits for adhesive or sealant products

applied to particular substrates, as applied).

Section 130.702(b) establishes that, 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 manufactured on or

after January 1, 2012, which contains VOCs in excess of

the applicable VOC content limit specified in Table I, or

an adhesive or sealant product manufactured on or after

January 1, 2012, applied to a substrate listed in Table II

if the product contains VOCs in excess of the applicable

VOC content limit in Table II.

Section 130.702(c) describes how the VOC content

limits in Table II will apply.

Section 130.702(d) establishes additional requirements

for persons using or applying a surface preparation

solvent or cleanup solvent.

Section 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.

Section 130.702(f) establishes that a person who uses or

applies 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 at the facility or location of use that

are kept closed except when placing materials in or

removing materials from the container.

Section 130.702(g) establishes that a person may not

solicit, require or specify the use or application of a

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

final-form rulemaking specifies that the prohibition of

subsection (g) applies to all written or oral contracts

created on or after January 1, 2012, under which an

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

section is to be used or applied at a location in this

Commonwealth.

Section 130.702(h) specifies that a person who, for

compensation, uses or applies an adhesive, sealant, adhesive primer or sealant primer in this Commonwealth 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.

Section 130.702, Table I lists the VOC content limits for

the regulated adhesives, sealants, adhesive primers and

sealant primers, as applied. The final-form rulemaking

contains new VOC content limits in Table I for ceramic

tile installation adhesives, single-ply roof membrane sealants and ‘‘other’’ sealant primers, as these limits were

printed incorrectly in the proposed rulemaking.

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Section 130.702, Table II lists the VOC content limits

for the regulated adhesive or sealant products applied to

particular substrates, as applied.

Section 130.703 provides certain exemptions from

Subchapter D. 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 under § 130.704

(relating to recordkeeping requirements); products that

are subject to § 129.73 or Chapter 130, Subchapter B or

C; 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.

Section 130.703(b) provides exemptions from the requirements of Subchapter D for the use, application, sale,

supply, offer for sale or manufacture for sale for use in

this Commonwealth 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

weapons systems; the manufacture of medical equipment;

and certain plaque laminating operations.

The final-form rulemaking removes proposed

§ 130.703(c) and (d), which provided a phased-in compliance schedule for the use and application of single-ply

roof membrane materials and an exemption for the sale,

supply, offer for sale or manufacture for sale of these

materials prior to January 1, 2012. The proposed schedule and removes exemption are deleted because the

change in compliance date to January 1, 2012, make

them unnecessary.

The final-form rulemaking removes proposed

§ 130.703(e) and (f), which contained ‘‘small quantity’’

exemptions similar to those in § 129.77(m) and (n).

Proposed subsection (e) provided an exemption from many

of the requirements of § 130.702 if the total VOC emissions from all adhesives, sealants, adhesive primers and

sealant primers used at a facility were less than 200

pounds or an equivalent volume, per calendar year.

Proposed subsection (f) provided 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 did not exceed 55 gallons per calendar year. In response to comment, the Board determined

that the small quantity exemptions are applicable only for

the owner and operator of a facility and these sources are

regulated under § 129.77.

Section 130.703(c) in the final-form rulemaking 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.

Section 130.703(d) precludes the exercise of the exemption in subsection (c) 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.

Section 130.703(e) specifies that Subchapter D does not

apply to an adhesive, sealant, adhesive primer, sealant

primer, surface preparation solvent or clean-up solvent

product that is sold or supplied for use or application as

part of a manufacturing process at a facility subject to

§ 129.77.

Section 130.703(f) specifies that Subchapter D does not

apply to an adhesive, sealant, adhesive primer, sealant

primer, surface preparation solvent or cleanup solvent

used or applied at a private residence for a noncommercial purpose or by a person who is not seeking compensation.

Section 130.704 specifies that on and after January 1,

2012, a person who sells, supplies, offers for sale, manufactures for sale for use or application in this Commonwealth, or uses or applies in this Commonwealth 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 certain

information. This section also specifies that all records

made to determine compliance with this section shall be

maintained onsite for 5 years from the date the record is

created and made available to the Department upon

request. This section is amended in the final-form rulemaking in response to comment to specify that records of

volume must indicate monthly volume and that records

shall be made available to the Department upon receipt

of a written request.

Section 130.705(a) (relating to compliance procedures

and test methods) specifies, with certain exceptions, that

the VOC and solids content of nonaerosol adhesives,

including one-part moisture cure urethane adhesives and

silicone 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.

Section 130.705(b) is added in the final-form rulemaking, in response to public comment, to add a test

method for determining the volatile matter and solids

content of one-part or multiple part reactive adhesives,

except one-part moisture cure urethane adhesives and

silicone adhesives.

Section 130.705(c) 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.

Section 130.705(d) specifies that the VOC content of a

plastic cement welding adhesive or primer shall be determined using SCAQMD Method 316A, including updates

and revisions.

Section 130.705(e) 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.

Section 130.705(f) specifies the procedure for determining the composite vapor pressure of organic compounds in

cleaning materials.

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Section 130.705(g) specifies that the vapor pressure of

each component in the cleaning material subject to

§ 130.705(f) shall be determined from either ASTM 2879

or one or more of the listed references, including updates

and revisions.

Section 130.705(h) 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.

New § 130.705(i) allows for use of another test method

to determine the VOC or solids content of a product if a

request is submitted to the Department in writing, the

request demonstrates that the test method provides results that accurately determine the concentration of

VOCs in the product or its emissions and the request is

approved by the Department in writing.

Section 130.705(j) specifies the method for calculating

the VOC content of adhesive, sealant, adhesive primer or

sealant primer products that do not contain reactive

diluents.

Section 130.705(k) specifies the method for calculating

the VOC content for adhesive, sealant, adhesive primer or

sealant primer products that contain reactive diluents.

Section 130.705(l) specifies the method for calculating

the VOC content for low-solids adhesive, sealant, adhesive primer or sealant primer products.

Section 130.705(m) specifies the method for calculating

percent VOC by weight.

Section 130.705(n) specifies how to convert from units

of grams per liter to units of pounds per gallon.

Section 130.706 (relating to container labeling) specifies

that on and after January 1, 2012, 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.

The final-form rulemaking adds §§ 130.707 and

130.708 (relating to product dating; and sell-through of

products) to allow the sell-through of noncomplying product manufactured before January 1, 2012, if the product

container or package displays the date on which the

product was manufactured.

F. Summary of Major Comments and Responses

The Board approved publication of the proposed rulemaking at its meeting of December 16, 2008. The proposed rulemaking was published at 39 Pa.B. 1636 (April

4, 2009). Three hearings were held on May 4, 7 and 8,

2009, in Pittsburgh, Norristown and Harrisburg, respectively. The public comment period closed on June 8, 2009.

The Board received public comments from 12 commentators. The Independent Regulatory Review Commission

(IRRC) also provided comments.

Definitions

Several commentators expressed concern with the Department’s definition of the term ‘‘metal to urethane/

rubber molding or casting adhesive.’’ They suggested that

the use of the word ‘‘heater’’ in this definition was a

typographical error and should be replaced with the word

‘‘heated.’’ The commentators also suggested deleting the

phrase ‘‘to fabricate products like rollers for computer

printers or other paper handling equipment’’ because it

could be misinterpreted by regulators to restrict the

category only to paper handling products and not to all

products that use adhesive to bond metal and urethane/

rubber. The Board agrees and amended the definition

accordingly.

One commentator recommended that the term and

definition of ‘‘metal to urethane/rubber molding or casting

adhesive’’ be deleted and replaced with a term and

definition modeled after a term and definition for ‘‘rubber

vulcanization adhesive/primer’’ in the (California) San

Joaquin Valley Air Quality Management District Rule

4653—Adhesives due to confusion the commentator asserts may result from customers being subject to a

number of VOC and hazardous air pollutants (HAPs)

emission standards. The Board disagrees and retained

the proposed term and definition of ‘‘metal to urethane/

rubber molding or casting adhesive,’’ amended as previously described, for consistency with the OTC Model Rule

and the regulations of other OTR member states.

A commentator suggested that the term ‘‘rubber’’ be

defined as in the (California) Bay Area Air Quality Rule

8.51 (relating to adhesive and sealant products) to accommodate the concerns of the Polyurethane Manufacturers

Association and its members. The Board disagrees with

the commentator’s recommendation. The Board did not

receive comments from the Polyurethane Manufacturers

Association concerning the definition of the term ‘‘rubber’’

and the definition in the Bay Area Air Quality Management District Rule 8.51 is similar to the definition in the

Board’s rulemaking. In addition, the definition of the

term ‘‘rubber’’ in the proposed rulemaking is consistent

with the definition in the Control Techniques Guidelines

(CTG) for Miscellaneous Industrial Adhesives published

by the EPA (EPA-453/R-08-005, September 2008) and

with the definition in the OTC Model Rule. The Board

retained the proposed definition of the term ‘‘rubber’’ for

consistency with the OTC Model Rule.

A commentator recommended that the definition of the

term ‘‘single-ply roof membrane’’ be expanded to include

thermoplastic membranes like thermoplastic polyolefin

(TPO) and polyvinyl chloride (PVC), as these materials

are also considered part of the single-ply roofing market

by the commercial roofing industry. The Board agrees

with the commentator that the definition of ‘‘single-ply

roof membrane’’ should be expanded to include TPO and

PVC. The definition of this term has been amended in the

final-form rulemaking to include TPO, PVC and ketone

ethylene ester. This change is consistent with the finalform definition of this term promulgated by Rhode Island

and Connecticut. These states are members of the OTR,

as is the Commonwealth.

IRRC requested clarification on the Editor’s Note for

the term ‘‘fiberglass’’ and questioned if the Board would

have two definitions for the term ‘‘fiberglass.’’ The Board

replies that it published a definition for the term ‘‘fiberglass’’ in § 121.1 in two separate proposed rulemakings.

The definition of the term in this proposed rulemaking

specified that the definition is for purposes of §§ 129.77

and 130.702. The definition of this term in the rulemaking published for comment at 38 Pa.B. 1831 (April

19, 2008), concerning emissions from glass melting furnaces, specified that that definition is for purposes of

§§ 129.301—129.310 (relating to control of NOx emissions from glass melting furnaces). That rulemaking was

published as a final at 40 Pa.B. 3328 (June 19, 2010). The

definition of the term ‘‘fiberglass’’ in this final-form

rulemaking for adhesives, sealants, primers and solvents

includes both definitions, as specified.

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Implementation of Single-ply Roof Membrane Requirements

Several commentators expressed support for the rulemaking on behalf of the ethylene propylene diene monomer (EPDM) roofing industry. The Board appreciates the

commentators’ support.

Due to concerns about the effects of cold weather and

intense temperature swings and freeze-thaw cycles on the

installation of EPDM roofing in this Commonwealth, the

EPDM industry requested a transitional period that

would allow the EPDM industry adequate time to field

test new VOC-compliant adhesive formulations during

colder months and to train the approximately 25,000

roofing crew members employed in this Commonwealth in

the effective use of VOC-compliant adhesives under colder

temperature conditions. Another commentator on behalf

of the EPDM industry stated that the industry is committed to having a year-round product commercialized by

January 1, 2012. The Board amended the final-form

rulemaking to require compliance with the VOC content

limits for adhesives, sealants, primers and solvents, including single-ply roofing membrane products, by January

1, 2012. This compliance date will provide EPDM roofing

manufacturers and roofing contractors in this Commonwealth adequate time to develop VOC-compliant products

and perfect the application practices that will be effective

on a year-round basis. This new compliance date removes

the need to have a phased-in compliance period for the

use and application of single-ply roofing membrane products, which was included in the proposed rulemaking.

Sell-Through and Use-Through Provisions; Date-Coding

Provision

Two commentators suggested that there is an inconsistency between proposed § 130.702(a) and (b) in the

provisions for the sell-through and use-through of noncomplying products. They noted that § 130.702(a) prohibits the sale, supply, offer for sale or manufacture for sale

in this Commonwealth of noncomplying products manufactured on or after the compliance date and that proposed § 130.702(b) prohibited the use or application of

noncomplying products in this Commonwealth on or after

the compliance date, even if the product was manufactured prior to the compliance date. The commentators

recommended that specific language be added indicating

that the use and application of noncomplying products

manufactured after the compliance date of the rulemaking are prohibited. The Board agrees and amended

final-form § 130.702(b) to clarify that noncomplying products manufactured on and after the amended compliance

date of January 1, 2012, may not be used or applied for

compensation in this Commonwealth. The Board also

amended the final-form rulemaking to add §§ 130.707

and 130.708 to allow the sell-through of noncomplying

product manufactured before January 1, 2012, if the

product container or package displays the date on which

the product was manufactured.

A commentator suggested that it would be simpler and

more cost effective to make the compliance deadline 24

months from the date that the final-form rulemaking is

published than to have a sell-through or use-through

provision. The commentator stated a sell-through or

use-through provision would force users to stockpile product, which the commentator described as a costly expense

in difficult economic times. The Board disagrees. Many

complying adhesives, sealants, primers and solvents have

already been developed, or reformulated from noncomplying products, due to similar rules having been promulgated in California and other states in the OTR. The

final-form rulemaking has been amended to include datecoding and sell-through provisions to allow for the sellthrough of noncomplying product manufactured before

the compliance date.

Burden of Compliance

A commentator suggested that the proposed amendments place the burden of compliance on the manufacturer and seller of adhesives, sealants, primers or solvents

in two ways: to ensure that noncompliant product is not

sold to customers that do not have control systems in

place, and for technical service and regulatory support

costs to assist its customers in identifying and requalifying alternate adhesive systems or determining if their use

meets the allowable exemptions. The commentator recommended that the language that places a compliance

burden on the manufacturer and seller be removed from

the proposed rulemaking. The commentator also asked

how the requirement not to sell noncompliant product to

customers that do not have control systems in place will

be enforced equally between manufacturers of adhesives

located in this Commonwealth and those located outside

the United States. The Board disagrees with the commentator’s characterization of the rulemaking. An adhesive,

sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product intended for use

or application at a manufacturing facility subject to

§ 129.77 does not require the manufacturer or supplier of

the product to verify that the facility has a control system

in place. Under § 130.703(e) (proposed § 130.703(i)),

Subchapter D does not apply to a product sold or supplied

for use or application as part of a manufacturing process

at a facility subject to § 129.77. The burden of compliance

will fall on the owner or operator of the manufacturing

facility that is using or applying noncomplying product to

demonstrate that the noncomplying product was used or

applied in accordance with § 129.77(g), which lists the

requirements for the use of add-on air pollution control

equipment to control emissions of VOC from noncomplying product subject to § 129.77.

Three commentators expressed concern with the compliance date of the proposed regulation and stated that

the Department must provide a reasonable compliance

date that allows for implementation of the rule’s requirements. IRRC commented that because the Board did not

know exactly when this final-form rulemaking would

officially be promulgated, the Board should consider

replacing the April 15, 2010, compliance date with a

reference to a specific amount of time after the effective

date of the final-form rulemaking. The Board agrees that

it must provide a reasonable compliance date. The proposed compliance date of April 15, 2010, has been

amended to January 1, 2012, in the final-form rulemaking. The Board does not agree that it must replace

the proposed compliance date with a reference to a

specific amount of time after the effective date of the

final-form rulemaking. The Board is able to estimate

within a reasonable time frame when this final-form

rulemaking will be published and effective and extended

the compliance date taking that time frame and the needs

of the regulated industry into account.

The same three commentators suggested that the proposed compliance deadline is not achievable to design,

build, install, test and obtain permit approval of add-on

air pollution control devices. Two of these commentators

also asserted that it is not realistic to develop, reformulate, test and achieve final customer approval for a new

adhesive in less than 1 year. The commentators suggested

that the rulemaking allow 2 years after adoption of the

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final-form rulemaking for the regulated industry to make

the appropriate changes to their operations and to allow

for proper reformulation and customer acceptance testing

of adhesives. The Board disagrees that the regulated

industry needs 2 years after adoption of the final-form

rulemaking to comply with the VOC content requirements. The Board agrees, however, that the January 1,

2012, compliance deadline in the final-form rulemaking

might not be achievable for the design and installation of

add-on controls. The Board amended proposed § 129.77(g)

to provide the option for an extension to the compliance

date for the owner or operator of a facility that intends to

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

pollution control equipment.

A commentator expressed concern that its products

manufactured in this Commonwealth will be at a competitive disadvantage in the marketplace due to inadequate time for proper reformulation and customer acceptance testing. The Board disagrees that the commentator

will be at a competitive disadvantage. The Board

amended the final-form rulemaking to require compliance

beginning January 1, 2012. Further, many states, including California and several members of the OTR, have

implemented rules with VOC content limits and requirements similar to the Board’s proposed rulemaking. Manufacturers and users in states outside this Commonwealth

will be required to manufacture and buy products that

meet the same limits as were in the proposed rulemaking,

creating a market for complying products manufactured

in this Commonwealth. Additionally, the EPA issued the

CTG for Miscellaneous Industrial Adhesives in 2008. The

CTG provides states in ozone nonattainment areas and in

the OTR with guidance on what constitutes RACT for

emissions of VOCs from miscellaneous industrial adhesives. The EPA reviewed the California rules and the

OTC Model Rule for Adhesives and Sealants prior to

developing its guidance for RACT for miscellaneous industrial adhesives. The OTR states are required to adopt

RACT regulations for miscellaneous industrial adhesives,

based on the EPA’s CTG.

The same commentator expressed concern that its

customers outside of this Commonwealth would incur

additional costs associated with reformulation. The Board

disagrees. Noncomplying products may be sold outside of

this Commonwealth to a customer in a state or region

that does not have the VOC content limits that are

proposed to be implemented in this Commonwealth.

The commentator suggested that the rule imposes a

competitive disadvantage on manufacturers in this Commonwealth. Manufacturers outside of this Commonwealth

are able to choose adhesives on the basis of performance

and cost without incurring additional operational costs to

control emissions beyond what is required by the EPA.

The Board disagrees that the proposed rulemaking would

impose a competitive disadvantage on manufacturers in

this Commonwealth. Noncomplying products may be sold

outside of this Commonwealth to a customer in a state or

region that does not have the VOC content limits implemented in this Commonwealth. Many states, including

California and several members of the OTR, have implemented rules with VOC content limits and requirements

similar to those in the Board’s final-form rulemaking.

Manufacturers and users in these states will be required

to buy products that meet the same limits as those in the

final-form rulemaking, creating a market for complying

products manufactured in this Commonwealth.

The commentator stated that compliance with the

Plastic and Metal Surface Coating National Emissions

Standards for Hazardous Air Pollutants (NESHAP) is

based on a 12-month rolling average with an adhesive

coating category limit expressed in pounds of HAP per

gallon of applied solids rather than pounds per gallon or

grams per liter. This allows facilities to use noncomplying

products as long as the overages are compensated by

other materials that are significantly below the limit. The

commentator recommended that the Department consider

using a rolling average in the proposed rule. The Board

disagrees with the commentator’s suggestion to adopt a

12-month rolling average. Compliance with the requirements of this proposed rulemaking is expected to be

through the use of compliant products, consistent with

the requirements of the OTC Model Rule. An owner or

operator of a facility may seek compliance through the

use of add-on controls to control the emissions from

noncomplying products. Compliance using add-on controls

will be evaluated on a daily basis, consistent with the

OTC Model Rule. An owner or operator of a facility may

also seek compliance with § 129.77 through the use of an

equivalency under § 129.51(a). This option would allow

the owner or operator to request approval of an averaging

approach specified in a plan approval application and

memorialized in a permit under the equivalency provision.

VOC Test Methodology

The commentator requested that an EPA-approved alternative test method for two-component reactive adhesives, codified in Appendix A of the Plastic Surface

Coating NESHAP (40 CFR Part 63, Subpart PPPP,

Appendix A (relating to determination of weight volatile

matter content and weight solids content of reactive

adhesives)), be added to §§ 129.77(s) and 130.705(a). The

Board reviewed the EPA Reference Method, Determination of Weight Volatile Matter Content and Weight Solids

Content of Reactive Adhesives, for two-component reactive

adhesives codified in 40 CFR Part 63, Subpart PPPP,

Appendix A and agrees that it should be included on the

list of test methods listed in §§ 129.77(s) and 130.705(a).

This revision has been made to the final-form rulemaking.

Written and Oral Contracts

IRRC noted that proposed §§ 129.77(i) and 130.702(g)

included a prohibition on the use of a material that would

result in a violation of the regulation and that this

prohibition applies to ‘‘all written or oral contracts’’ under

which any of these materials would be used. IRRC asked

if the Board intends to apply this provision retroactively.

If so, IRRC requested that the Board outline its authority

to do so. If not, IRRC requested that the Board clarify the

provisions to state that they will be applied prospectively.

The Board appreciates IRRC’s concern and amended the

final-form rulemaking to clarify that this prohibition

applies to written or oral contracts that are created on or

after the compliance date of this final-form rulemaking.

Records and Reporting Requirements

IRRC requested clarification on how the records required under proposed §§ 129.77(l)(4), (n) and (o), and

130.703(b)(4), (e) and (f) shall be recorded and maintained

by the owner or operator. The Board disagrees that the

rulemaking should be amended for clarity on recordkeeping. Proposed § 129.77(l)(4), (n) and (o) (final-form subsections (l), (m) and (n)) states that an owner or operator

claiming an exemption under the section shall record and

maintain operational records sufficient to demonstrate

compliance with this exemption, in accordance with proposed subsections (p)—(r) (final-form subsections (o)—(q)).

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Section 130.703(b)(4) states that 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.

Proposed § 130.703(e) and (f) have been deleted from the

final-form rulemaking, mooting the comment with regard

to these two subsections. Requiring the owners and

operators of regulated facilities to maintain records is a

standard requirement. This requirement is found in many

Board-approved regulations, including § 129.52(g) (relating to surface coating processes), for instance, and the

owners and operators of regulated sources have not had

difficulty understanding or complying with requirements.

IRRC requested clarification of the requirement in

proposed § 129.77(r)(1) for maintaining records. IRRC

asked whether the records can be maintained in electronic or paper format and stated that the final-form

rulemaking should indicate in what format these records

must be maintained. The Board disagrees that the finalform rulemaking must specify in what format the records

must be maintained. Requiring the owners and operators

of regulated facilities to maintain records is a standard

requirement found in many Board-approved regulations,

including § 129.52(g), for instance. The owners and operators of regulated sources have not had difficulty

understanding or complying with this requirement.

IRRC requested clarification of whether the Department’s requests for records under proposed § 129.77(r)(2)

will be made orally or in writing and stated that the

final-form rulemaking should indicate in what format the

requests will be made. The Board agrees and amended

the final-form rulemaking to specify that the records shall

be submitted to the Department upon receipt of a written

request.

G. Benefits, Costs and Compliance

Benefits

The citizens of this Commonwealth will be the major

benefactors from this final-form rulemaking through reduced exposure to a variety of solvents, including HAPs,

that are used in a variety of adhesive, sealant, adhesive

primer and sealant primer products. This final-form

rulemaking 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 final-form

rulemaking will encourage the implementation of new

technologies and practices, which will reduce emissions of

VOCs and HAPs throughout this Commonwealth.

Implementation of the VOC content limits for adhesive,

sealant, primer and solvent products included in the

final-form rulemaking is anticipated to provide additional

VOC emission reductions of 21.8 tons per summer day

(tpsd) beginning with the 2012 ozone monitoring season.

Ozone monitoring season (April 1 through October 31)

VOC emission reductions from this final-form 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 monitoring season VOC emissions reduction is calculated to be 0.78 pound of VOC

emissions reduced per resident. Annual VOC emission

reductions from this final-form rulemaking would be

approximately 7,957 tons (21.8 tpsd × 365 days per year)

or 1.3 pounds of VOC emissions reduced per resident per

year.

Compliance Costs

The cost of complying with the new requirements

includes the cost of using or developing alternative product formulations, including product formulations for low

VOC-content 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 costeffectiveness 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 OTC Adhesives, Sealants

and Primers Model Rule would reduce emissions of VOC

by approximately 21.8 tpsd in this Commonwealth. Ozone

monitoring season (April 1 through October 31) VOC

emission reductions from this final-form 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 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 will be approximately 90¢.

Annual VOC emission reductions from this final-form

rulemaking will 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 will 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

will be approximately $1.55.

Cost savings will be incurred if reformulated products

are less expensive, with the possibility that residents of

this Commonwealth could realize savings of 41¢ per

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

by 12,000,000 residents) or 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 final-form rulemaking, based on CARB estimates.

However, fewer than 20 facilities in this Commonwealth

are expected to be subject to the applicability of this

rulemaking. Approximately 16 of these affected facilities

have permits that establish requirements for the use of

products that are regulated under this rulemaking.

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Compliance Assistance Plan

The Department plans to educate and assist the public

and regulated community in understanding the new

requirements and how to comply with them. This will be

accomplished through the Department’s ongoing compliance assistance program.

Paperwork Requirements

The final-form 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; the volume purchased or

produced of each product; and the monthly volume of

each product used or applied as part of a manufacturing

process at the facility of each product.

If the owner or operator of a facility chooses to use an

add-on air pollution control device to comply with

§ 129.77, the final-form rulemaking requires recording

and maintaining daily records of certain information.

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 5 years from the date the

record is created and made available to the Department

upon receipt of a written request.

The final-form 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 Chapter 130,

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 monthly volume used

of each product on the list.

For an adhesive, sealant, adhesive primer and sealant

primer product subject to the laboratory testing exemption in § 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 5 years from

the date the record is created and made available to the

Department upon receipt of a written request.

H. Pollution Prevention

The 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 the owners and operators of facilities that

permanently achieve or move beyond compliance. This

final-form rulemaking incorporates the following pollution

prevention incentives:

The final-form rulemaking 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-content adhesive, sealant, adhesive primer, sealant

primer, surface preparation solvent and cleanup solvent

products. Although the final-form rulemaking is designed

to 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, which are also a serious

health threat. The final-form rulemaking 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. Owners

and operators of affected facilities may also reduce VOC

emissions through the use of add-on controls.

I. Sunset Review

These regulations will be reviewed in accordance with

the sunset review schedule published by the Department

to determine whether the regulations effectively fulfill the

goals for which they were intended.

J. Regulatory Review

Under 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 notice of proposed rulemaking,

published at 39 Pa.B. 1636, to IRRC and the Chairpersons of the House and Senate Environmental Resources

and Energy Committees for review and comment.

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

and the House and Senate Committees were provided

with copies of the comments received during the public

comment period, as well as other documents when re7350 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 40, NO. 52, DECEMBER 25, 2010
quested. In preparing the final-form rulemaking, the

Department has considered all comments from IRRC, the

House and Senate Committees and the public.

Under section 5.1(j.2) of the Regulatory Review Act (71

P. S. § 745.5a(j.2)), on November 3, 2010, the final-form

rulemaking was deemed approved by the House and

Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 4, 2010, and

approved the final-form rulemaking.

K. Findings

The Board finds that:

(1) Public notice of proposed rulemaking was given

under sections 201 and 202 of the act of July 31, 1968

(P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and

regulations promulgated thereunder. 1 Pa. Code §§ 7.1

and 7.2.

(2) At least a 60-day public comment period was

provided as required by law and all comments were

considered.

(3) These regulations do not enlarge the purpose of the

proposed rulemaking published at 39 Pa.B. 1636.

(4) These regulations are necessary and appropriate for

administration and enforcement of the authorizing acts

identified in Section C of this preamble.

(5) These regulations are necessary to attain and maintain the ozone NAAQS.

L. Order

The Board, acting under the authorizing statutes,

orders that:

(a) The regulations of the Department, 25 Pa. Code

Chapters 121, 129 and 130, are amended by amending

§§ 121.1 and 129.51 and adding §§ 129.77 and 130.701—

130.708 to read as set forth in Annex A, with ellipses

referring to the existing text of the regulations.

(Editor’s Note: The amendment of § 129.51 and the

addition of §§ 130.707 and 130.708 were not included in

the proposed rulemaking at 39 Pa.B. 1636.)

(b) The Chairperson of the Board shall submit this

order and Annex A to the Office of General Counsel and

the Office of Attorney General for review and approval as

to legality and form, as required by law.

(c) The Chairperson of the Board shall submit this

order and Annex A to IRRC and the Committees as

required by the Regulatory Review Act.

(d) The Chairperson of the Board shall certify this

order and Annex A and deposit them with the Legislative

Reference Bureau as required by law.

(e) This final-form rulemaking will be submitted to the

EPA as an amendment to the Pennsylvania SIP.

(f) This order shall take effect immediately upon publication in the Pennsylvania Bulletin.

JOHN HANGER,

Chairperson

(Editor’s Note: For the text of the order of the Independent Regulatory Review Commission relating to this

document, see 40 Pa.B. 6752 (November 20, 2010).)

Fiscal Note: Fiscal Note 7-428 remains valid for the

final adoption of the subject regulations.

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-butadiene-styrene

welding adhesive—An adhesive intended by the manufacturer to weld acrylonitrile-butadiene-styrene (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.

*****

Adhesive primer—

(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:

(A) Inhibits corrosion and serves as a primer when

applied to bare metal or other surfaces prior to adhesive

application.

(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—

(i) For purposes of § 129.73, a fabricated part, processed part, assembly of parts or completed unit, with the

exception of electronic components, of an aircraft including 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, primers and solvents) and Chapter 130, Subchapter

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

the fabricated part, assembly of parts or completed unit of

an aircraft, helicopter, missile or space vehicle, including

passenger safety equipment.

*****

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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—Chlorinated polyvinyl chloride

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

CPVC 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 foldover 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.

*****

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—

(i) For purposes of §§ 129.301—129.310 (relating to

control of NOx emissions from glass melting furnaces),

material consisting of fine filaments of glass that are

combined into yarn and woven or spun into fabrics, or

that are used as reinforcement in other materials or in

masses as thermal or as acoustical insulating product.

(ii) For purposes of §§ 129.77 and 130.702 (relating to

emission standards), a material consisting of extremely

fine glass fibers.

*****

Flexible vinyl—Nonrigid PVC 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.

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(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 a heated molding or casting process.

*****

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—Polyvinyl chloride.

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 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.

*****

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.

*****

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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.

(B) There are two categories of sealants:

(I) Extrudable/rollable/brushable sealants.

(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 or compounded synthetic material, including

ethylene propylene diene terpolymer (EPDM), PVC, thermoplastic polyolefin (TPO) or ketone ethylene ester

(KEE), 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, 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 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 resorcinol-resinbased 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

§ 129.51. General.

(a) Equivalency. Compliance with §§ 129.52, 129.54—

129.73 and 129.77 may be achieved by alternative methods if the following exist:

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(1) The alternative method is approved by the Department in an applicable plan approval or operating permit,

or both.

(2) The resulting emissions are equal to or less than

the emissions that would have been discharged by complying with the applicable emission limitation.

(3) Compliance by a method other than the use of a low

VOC coating, adhesive, sealant, adhesive primer, sealant

primer, surface preparation solvent or cleanup solvent or

ink which meets the applicable emission limitation in

§§ 129.52, 129.67, 129.73 and 129.77 shall be determined

on the basis of equal volumes of solids.

(4) Capture efficiency testing and emissions testing are

conducted in accordance with methods approved by the

EPA.

(5) Adequate records are maintained to ensure enforceability.

(6) The alternative compliance method is incorporated

into a plan approval or operating permit, or both, reviewed by the EPA, including the use of an air cleaning

device to comply with § 129.52, § 129.67, § 129.68(b)(2)

and (c)(2), § 129.73 or § 129.77.

(b) New source performance standards. Sources covered

by new source performance standards which are more

stringent than those contained in this chapter shall

comply with those standards in lieu of the standards

found in this chapter.

(c) Demonstration of compliance. Test methods and

procedures used to monitor compliance with the emission

requirements of this section are those specified in Chapter 139 (relating to sampling and testing).

(d) Records. The owner or operator of a facility or

source subject to the VOC emission limitations and

control requirements in this chapter shall keep records to

demonstrate compliance with the applicable limitation or

control requirement.

(1) The records shall provide sufficient data and calculations to clearly demonstrate that the emission limitations or control requirements are met. Data or information required to determine compliance with an applicable

limitation shall be recorded and maintained in a time

frame consistent with the averaging period of the standard.

(2) The records shall be retained at least 2 years and

shall be made available to the Department on request.

(3) An owner or operator claiming that a facility or

source is exempt from the VOC control provisions of this

chapter shall maintain records that clearly demonstrate

to the Department that the facility or source is not

subject to the VOC emission limitations or control requirements.

§ 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

at the facility on or after January 1, 2012:

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

primer subject to the VOC content limits in Table V.

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

substrate subject to the VOC content limits in Table VI.

(3) A surface preparation solvent or cleanup solvent.

(b) On or after January 1, 2012, 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 January 1, 2012, 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 partial 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 of a facility uses or applies

at the facility an adhesive or sealant subject to a specific

VOC content limit in Table V, the specific limit is

applicable rather than the adhesive-to-substrate limit in

Table VI.

(2) If an owner or operator of a facility uses or applies

at the facility an adhesive to bond dissimilar substrates

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

(e) An owner or operator of a facility subject to this

section using or applying a surface preparation solvent or

cleanup solvent at the facility 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 partial 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 partial 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 partial 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.

(g) An owner or operator of a facility using or applying

at the facility an adhesive, sealant, adhesive primer,

sealant primer, surface preparation solvent or cleanup

solvent subject to the VOC content limits of this section

may comply with the requirements of this section through

RULES AND REGULATIONS 7355

PENNSYLVANIA BULLETIN, VOL. 40, NO. 52, DECEMBER 25, 2010
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 this section are reduced by an overall

efficiency of at least 85%, by weight.

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

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

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

operated.

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

(4) Control device efficiency is monitored continuously

and recorded daily 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 (o), (p) and (q).

(6) The following information is also recorded and

maintained:

(i) Daily records of the volume used each day of each

noncomplying as applied adhesive, sealant, adhesive

primer, sealant primer, surface preparation solvent and

cleanup solvent.

(ii) Daily records of the hours of operation of the

add-on air pollution control equipment.

(iii) Records of all maintenance performed on the

add-on air pollution control equipment, including the date

and type of maintenance.

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

the Department in an operating permit.

(8) The owner or operator of a facility that intends to

comply with this section using add-on air pollution control equipment may apply to the Department for an

extension to the compliance date specified in subsections

(a)—(c).

(i) The Department will approve the extension request

if the request meets the requirements in subparagraph

(ii).

(ii) The extension request must:

(A) Be received, in writing, by January 1, 2012.

(B) Include the date by which a permit application or

request for plan approval will be submitted.

(C) Demonstrate to the Department’s satisfaction that

an extension is necessary.

(iii) An extension will be automatically revoked if the

recipient fails to comply with its terms by the dates

specified in it.

(h) An owner or operator of a facility 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 at the facility that are kept closed except when

placing materials in or removing materials from the

container.

(i) An owner or operator of a facility subject to this

section may not solicit, require or specify the use or

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, unless the emissions are controlled through the use of add-on air pollution control

equipment as specified in subsection (g). The prohibition

of this subsection applies to all written or oral contracts

created on or after January 1, 2012, under which an

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

section is to be used or applied at a facility in this

Commonwealth.

(j) An owner or operator of a facility subject to this

section who uses or applies 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 (p) and

(q).

(2) Adhesives, sealants, adhesive primers or sealant

primers that are subject to § 129.73 (relating to aerospace manufacturing and rework) 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 (o)—(q).

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PENNSYLVANIA BULLETIN, VOL. 40, NO. 52, DECEMBER 25, 2010
(m) This section does not apply if the total VOC

emissions from all adhesives, sealants, adhesive primers

and sealant primers used or applied at the facility are

less than 200 pounds or an equivalent volume, per

calendar year. An owner or operator of a facility claiming

exemption under this subsection shall record and maintain operational records sufficient to demonstrate compliance with this exemption, in accordance with subsections

(o)—(q).

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

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 used or applied facility-wide does not exceed 55

gallons per calendar year. An owner or operator of a

facility claiming exemption under this subsection shall

record and maintain operational records sufficient to

demonstrate compliance with this exemption, in accordance with subsections (o)—(q).

(o) Except as provided in subsection (p), 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 purchased or produced of each product

on the list required under paragraph (1).

(7) The monthly volume used or applied as part of a

manufacturing process at the facility of each product on

the list required under paragraph (1).

(p) 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.

(q) Records made to determine compliance with this

section shall be:

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

record is created.

(2) Made available to the Department upon receipt of a

written request.

(r) Except as otherwise provided in this section, the

VOC and solids content of nonaerosol adhesives (including one-part moisture cure urethane adhesives and silicone 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.

(s) The weight volatile matter content and weight

solids content for one-part or multiple part reactive

adhesives, except one-part moisture cure urethane adhesives and silicone adhesives, shall be determined using

the EPA Reference Method, Determination of Weight

Volatile Matter Content and Weight Solids Content of

Reactive Adhesives, found at 40 CFR 63, Subpart PPPP,

Appendix A, 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 material 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 partial 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 partial vapor pressure

using the following equation:

RULES AND REGULATIONS 7357

PENNSYLVANIA BULLETIN, VOL. 40, NO. 52, DECEMBER 25, 2010
n

SIGMA (Wi

)(VPi)/MWi

i=1

PPc =

k n

Ww/MWw + SIGMA We/MWe + SIGMA Wi

/MWi

e=1 i=1

Where:

PPc = VOC composite partial vapor 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 ‘‘e’’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, in grams per g-mole

(18 grams per g-mole).

MWe = Molecular weight of the ‘‘e’’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 shall 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, 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) Another test method may be used to determine the

VOC or solids content of a product if the request for

approval of the test method meets the following requirements:

(1) The request is submitted to the Department in

writing.

(2) The request demonstrates that the test method

provides results that accurately determine the concentration of VOCs in the product or its emissions.

(3) The Department approves the request in writing.

(bb) 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.

(cc) 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:

7358 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 40, NO. 52, DECEMBER 25, 2010
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.

(dd) 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.

(ee) Percent VOC by weight shall be calculated according to the following equation:

% VOC by weight = [(Wv/W)] × 100

Where:

Wv = weight of VOCs, in grams.

W = weight of material, in grams.

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

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

× 103 (lb/gal/g/l).

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

Adhesive, sealant, adhesive primer or

sealant primer category

VOC content limit (pounds VOC per

gallon, less water and exempt

compounds)*

VOC content limit (grams VOC per

liter, less water and exempt

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

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

RULES AND REGULATIONS 7359

PENNSYLVANIA BULLETIN, VOL. 40, NO. 52, DECEMBER 25, 2010
Adhesive, sealant, adhesive primer or

sealant primer category

VOC content limit (pounds VOC per

gallon, less water and exempt

compounds)*

VOC content limit (grams VOC per

liter, less water and exempt

compounds)*

Sealant Primers

Marine deck 6.3 760

Nonporous architectural 2.1 250

Porous architectural 6.5 775

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

Table VI. VOC Content Limits for Adhesive or Sealant Products Applied to Particular Substrates, As Applied

Adhesive or Sealant Products

Applied to the Listed

Substrate

VOC content limit (pounds VOC per

gallon, less water and exempt

compounds)*

VOC content limit (grams VOC per

liter, less water and exempt

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

CHAPTER 130. STANDARDS FOR PRODUCTS

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.

130.707. Product dating.

130.708. Sell-through of products.

GENERAL PROVISIONS

§ 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 January 1, 2012, sells, supplies, offers for

sale or manufactures for sale for use or application 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 January 1, 2012, 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), a person may not sell, supply, offer

for sale or manufacture for sale for use or application in

this Commonwealth one or more of the following products:

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

primer product manufactured on or after January 1,

2012, which contains VOCs in excess of the applicable

VOC content limit specified in Table I.

(2) An adhesive or sealant product manufactured on or

after January 1, 2012, if it is sold, supplied, offered for

sale or manufactured to be applied in this Commonwealth

to a substrate listed in Table II and it contains VOCs in

excess of the applicable VOC content limit specified in

Table II.

(b) Except as provided in § 130.703, a person may not

use or apply for compensation within this Commonwealth

one or more of the following products:

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

primer product manufactured on or after January 1,

2012, which contains VOCs in excess of the applicable

VOC content limit specified in Table I.

(2) An adhesive or sealant product manufactured on or

after January 1, 2012, applied to a substrate listed in

Table II if the product contains VOCs in excess of the

applicable VOC content limit specified in Table II.

(c) On and after January 1, 2012, the VOC content

limits in Table II for adhesives or sealants applied to

particular substrates apply as follows:

(1) If a person uses or applies an adhesive or sealant

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

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

(2) If a person uses or applies an adhesive to bond

dissimilar substrates together, the applicable substrate

category with the highest VOC content is the limit for

this use.

7360 RULES AND REGULATIONS

PENNSYLVANIA BULLETIN, VOL. 40, NO. 52, DECEMBER 25, 2010
(d) On and after January 1, 2012, a person subject to

this subchapter using or applying 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 partial

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 partial vapor pressure of the solvent used is

less than or equal to 45 mm mercury at 20° C.

(e) On and after January 1, 2012, 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(h) (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 partial 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 January 1, 2012, a person who uses or

applies 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 at

the facility or location of use that are kept closed except

when placing materials in or removing materials from the

container.

(g) A person may not solicit, require or specify the use

or 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 created on

or after January 1, 2012, under which an adhesive,

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

is to be used or applied at a location in this Commonwealth.

(h) On and after January 1, 2012, a person who, for

compensation, uses or applies an adhesive, sealant, adhesive primer or sealant primer in this Commonwealth 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

Adhesive, sealant, adhesive primer or

sealant primer category

VOC content limit (pounds VOC per

gallon, less water and exempt

compounds)*

VOC content limit (grams VOC per

liter, less water and exempt

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

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PENNSYLVANIA BULLETIN, VOL. 40, NO. 52, DECEMBER 25, 2010
Adhesive, sealant, adhesive primer or

sealant primer category

VOC content limit (pounds VOC per

gallon, less water and exempt

compounds)*

VOC content limit (grams VOC per

liter, less water and exempt

compounds)*

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

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 6.3 750

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

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

Table II. VOC Content Limits for Adhesive or Sealant Products Applied to Particular Substrates, As Applied

Adhesive or Sealant Products

Applied to the Listed Substrate

VOC content limit (pounds VOC per

gallon, less water and exempt

compounds)*

VOC content limit (grams VOC per

liter, less water and exempt

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

§ 130.703. Exemptions and exceptions.

(a) This subchapter does not apply to the use, application, sale, supply, offer for sale or manufacture for sale for

use in this Commonwealth 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 § 129.73 (relating to aerospace manufacturing and rework) 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, application, sale, supply, offer for sale or manufacture for sale for

use in this Commonwealth 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 an adhesive,

sealant, adhesive primer or sealant primer product if the

manufacturer or distributor of the product makes and

keeps records demonstrating both of the following:

(1) The 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 adhesive,

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sealant, adhesive primer or sealant primer product is not

distributed to or within this Commonwealth.

(d) The exemption in subsection (c) does not apply to

an adhesive, sealant, adhesive primer or sealant primer

product that is sold, supplied or offered for sale to a retail

outlet in this Commonwealth.

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

sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent product that is sold or

supplied for use or application as part of a manufacturing

process at a facility subject to the requirements of

§ 129.77 (relating to control of emissions from the use or

application of adhesives, sealants, primers and solvents).

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

sealant, adhesive primer, sealant primer, surface preparation solvent or cleanup solvent used or applied in either

of the following situations:

(1) At a private residence for a noncommercial purpose.

(2) By a person who is not seeking compensation.

§ 130.704. Recordkeeping requirements.

(a) On and after January 1, 2012, 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 January 1, 2012, 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 monthly 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 January 1, 2012, 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 5 years from the date the record is

created.

(2) Made available to the Department upon receipt of a

written request.

§ 130.705. Compliance procedures and test methods.

(a) Except as otherwise provided in this section, the

VOC and solids content of nonaerosol adhesives (including one-part moisture cure urethane adhesives and silicone 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.

(b) The weight volatile matter content and weight

solids content for one-part or multiple part reactive

adhesives, except one-part moisture cure urethane adhesives and silicone adhesives, shall be determined using

the EPA Reference Method, Determination of Weight

Volatile Matter Content and Weight Solids Content of

Reactive Adhesives, found at 40 CFR 63, Subpart PPPP,

Appendix A, including updates and revisions.

(c) 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.

(d) 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.

(e) 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, 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.

(f) The composite partial vapor pressure of organic

compounds in cleaning materials shall be determined by

the following procedure:

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(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 partial vapor pressure

using the following equation:

n

SIGMA (Wi

)(VPi)/MWi

i=1

PPc =

k n

Ww/MWw + SIGMA We/MWe + SIGMA Wi

/MWi

e=1 i=1

Where:

PPc = VOC composite partial vapor 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 ‘‘e’’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, in grams per g-mole

(18 grams per g-mole).

MWe = Molecular weight of the ‘‘e’’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).

(g) The vapor pressure of each single component compound shall 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, 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.

(h) 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.

(i) Another test method may be used to determine the

VOC or solids content of a product if the request for

approval of the test method meets the following requirements:

(A) The request is submitted to the Department in

writing.

(B) The request demonstrates that the test method

provides results that accurately determine the concentration of VOCs in the product or its emissions.

(C) The Department approves the request in writing.

(j) 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.

(k) For adhesive, sealant or 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.

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Vre = volume of exempt compounds not consumed during

curing, in liters.

(l) 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.

(m) Percent VOC by weight shall be calculated according to the following equation:

% VOC by weight = [(Wv/W)] × 100

Where:

Wv = weight of VOCs in grams.

W = weight of material in grams.

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

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

× 103 (lb/gal/g/l).

§ 130.706. Container labeling.

On and after January 1, 2012, 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(j) and (k) (relating to compliance procedures

and test methods).

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

accordance with § 130.705(l).

(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(j) and (k).

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

accordance with § 130.705(l).

§ 130.707. Product dating.

(a) Product dating requirements.

(1) Each manufacturer of an adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent

or cleanup solvent product subject to this subchapter

shall clearly display on each product container or package, the day, month and year on which the product was

manufactured, or a code indicating that date.

(2) A manufacturer who uses the following code to

indicate the date of manufacture will not be subject to the

requirements of subsection (b)(1), if the code is represented separately from other codes on the product container so that it is easily recognizable:

YY DDD = Year Year Day Day Day

Where,

YY = Two digits representing the year in which the

product was manufactured

DDD = Three digits representing the day of the year on

which the product was manufactured, with ‘‘001’’ representing the first day of the year, ‘‘002’’ representing the

second day of the year, and so forth (that is, the ‘‘Julian

date’’).

(3) The product date or date-code required by this

section must be displayed on each product container or

package before the product is sold, supplied or offered for

sale in this Commonwealth.

(4) The date or date-code information must be located

on the container or inside the cover or cap so that it is

readily observable or obtainable (by simply removing the

cover or cap) without irreversibly disassembling a part of

the container or packaging.

(5) For the purposes of this subsection, information

may be displayed on the bottom of a container as long as

it is clearly legible without removing any product packaging.

(6) The requirements of this subsection do not apply to

products containing either of the following:

(i) No VOCs.

(ii) VOCs at 0.10% by weight or less.

(b) Additional product dating requirements.

(1) If a manufacturer uses a code other than the code

described in subsection (a)(2) indicating the date of

manufacture for an adhesive, sealant, adhesive primer,

sealant primer, surface preparation solvent or cleanup

solvent product subject to this subchapter, the manufacturer must file an explanation of the date portion of the

code with the Department before the product is sold,

supplied or offered for sale in this Commonwealth.

(2) If a manufacturer changes a code indicating the

date of manufacture for a product subject to paragraph

(1), the manufacturer must file an explanation of the

modified code with the Department before products displaying the modified code are sold, supplied or offered for

sale in this Commonwealth.

(3) A person may not erase, alter, deface or otherwise

remove or make illegible a date or code indicating the

date of manufacture from a regulated product container

without the express authorization of the manufacturer.

(4) Date code explanations for codes indicating the date

of manufacture are public information and may not be

claimed as confidential.

§ 130.708. Sell-through of products.

(a) Sell-through period. An adhesive, sealant, adhesive

primer, sealant primer, surface preparation solvent or

cleanup solvent product subject to this subchapter and

RULES AND REGULATIONS 7365

PENNSYLVANIA BULLETIN, VOL. 40, NO. 52, DECEMBER 25, 2010
manufactured prior to January 1, 2012, may be sold,

supplied or offered for sale on or after January 1, 2012.

(b) No date or date code. This section does not apply to

an adhesive, sealant, adhesive primer, sealant primer,

surface preparation solvent or cleanup solvent product

subject to this subchapter that does not display on the

product container or package the date on which the

product was manufactured, or a code indicating the date,

in accordance with § 130.707 (relating to product dating).

[Pa.B. Doc. No. 10-2456. Filed for public inspection December 23, 2010, 9:00 a.m.]

Title 70—WEIGHTS,

MEASURES AND

STANDARDS

DEPARTMENT OF GENERAL SERVICES

[ 70 PA. CODE CH. 110 ]

State Metrology Laboratory Fee Schedule

The Department of General Services (Department)

amends § 110.2 (relating to State Metrology Laboratory

fee schedule) of the Department of Agriculture’s regulations to read as set forth in Annex A. Fees for testing

services performed by the State Metrology Laboratory

(Laboratory) are amended.

Statutory Authority

The final-form rulemaking is made under the authority

of 3 Pa.C.S. §§ 4101—4194 (relating to Consolidated

Weights and Measures Act) (act). Section 4178 of the act

(relating to fees) requires that the Department establish,

by regulation, fees for metrology laboratory calibration,

type evaluation and other testing services. Section 4190 of

the act (relating to rules and regulations) provides the

Department authority to regulate as necessary to implement the act.

Purpose of the Final-Form Rulemaking

The final-form rulemaking fulfills the statutory requirement that the Department establish, charge and collect

the fees in section 4178 of the act. Currently, the

Laboratory provides these services based upon a fee

schedule promulgated in 2005. The final-form rulemaking

is necessary to comply with the act. The final-form

rulemaking ensures that taxpayer dollars are not used to

pay for testing by the Laboratory when user fees are

statutorily authorized and required.

Notice of proposed rulemaking was published at 39

Pa.B. 5921 (October 10, 2009). Publication was followed

by a 30-day public comment period during which the

Department did not receive comments. The Senate State

Government Committee and the House State Government

Committee did not comment. The Independent Regulatory

Review Committee (IRRC) did not have any formal

comments, but requested that the support for the revised

fees be submitted in the form of a fee analysis form.

Comments and Responses

Other than the request to include the fee analysis form,

there were no comments received regarding the proposed

rulemaking. Consequently, the final-form rulemaking has

not changed from the proposed rulemaking.

Fiscal Impact

Commonwealth

The estimated annual revenue to the Commonwealth

from the final-form rulemaking is approximately

$125,000. The final-form rulemaking should not result in

additional costs to the Commonwealth.

Public sector

No other government entity will incur costs or realize

savings.

General public

The final-form rulemaking will not impose costs and

have no fiscal impact upon the general public.

Affected businesses

The affected businesses, which use Laboratory services,

will have to pay the fees set in the final-form rulemaking.

The anticipated average fee per user is estimated to be

$302.

Paperwork Requirements

The final-form rulemaking will not result in an increase

in paperwork for the Laboratory, which already is required to issue invoices, collect payments and transmit

payments to the State Treasury. Similarly, under section

4193(c) of the act (relating to disposition of funds), the

Treasury Department will not have increase in paperwork.

Effective Date

The final-form rulemaking will take effect upon publication in the Pennsylvania Bulletin.

Additional Information

Individuals who need information about the final-form

rulemaking should contact Michael C. Barrett, Senior

Counsel, Office of Chief Counsel, Department of General

Services, 603 North Office Building, Harrisburg, PA

17125, (717) 346-9781.

Regulatory Review

Under section 5(a) of the Regulatory Review Act (71

P. S. § 745.5(a)), on September 29, 2009, the Department

submitted a copy of the notice of proposed rulemaking,

published at 39 Pa.B. 5921, to IRRC and the Chairpersons of the House Committee on State Government and

the Senate Committee on State Government for review

and comment.

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

and the House and Senate Committees were provided

with copies of the comments received during the public

comment period, as well as other documents when requested. In preparing the final-form rulemaking, the

Department has considered all comments from IRRC, the

House and Senate Committees and the public.

Under section 5.1(j.2) of the Regulatory Review Act (71

P. S. § 745.5a(j.2)), on November 3, 2010, the final-form

rulemaking was deemed approved by the House and

Senate Committees. Under section 5.1(e) of the Regulatory Review Act, IRRC met on November 4, 2010, and

approved the final-form rulemaking.

Findings

The Department finds that:

(1) Public notice of intention to adopt this final-form

rulemaking has been given under sections 201 and 202 of

the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S.

§§ 1201 and 1202) and the regulations promulgated

thereunder, 1 Pa. Code §§ 7.1 and 7.2.

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