GOVERNMENT OF THE DISTRICT OF COLUMBIA

District Department of the Environment

Office of the Director

Shawn M. Garvin Regional Administrator
U.S. Environmental Protection Agency Region III (Mail Code: 3RAOO)
1650 Arch Street Philadelphia, PA 19103-2029 

# ***

March 15, 2012

Subject: Submittal of the District of Columbia's Volatile Organic Compounds Emissions
Reductions Regulations as a SIP Revision

# De**)~**

Pursuant to the authority set forth in the District of Columbia Air Pollution Control Act of 1984 ("the Act"), Mayor's Order 98-44, dated April10, 1998, and Mayor's Order 2006-61, dated June 14, 2006, the District of Columbia is hereby requesting approval of its State Implementation Plan (SIP) revision pertaining to amendments to Chapter 7 ofTitle 20 (Environment) of the District of
Columbia Municipal Regulations (DCMR). A Notice of Final Rulemaking was posted in the
D.C. Register on December 30,2011, at 58 DCR 011286 (D.C. Register ID 1864066).

The following are attached:

• One paper copy of the Chapters 1 and 7 revisions;

• The public hearing notice;

• The hearing officer's certification; and

• One disk containing an electronic version of the entire SIP revision. The electronic
version includes an exact duplicate ofthe paper copy of the SIP revision submittal as well

as an additional data file supporting the submittal. The additional data file is a compilation of changes, referred to as a "Technical Support Document" (i.e., record of proposed rulemaking preambles and response to comments documents).**Sp~cifically,** I request that the following portions of Chapters 1 and 7 be approved as a SIP
rev1s10n:
Section 100.4- amendment thereof;
Section 199 -remove specific definitions from Chapter 1 SIP and replace one definition
in the SIP;
Section 700- amendment thereof;
Section 707 -remove from SIP;
Section 708- remove from SIP;
Section 710- entirely replace current section with revised section in SIP;
Section 714- add section to SIP;
Section 715- entirely replace current section with revised section in SIP;
Section 716- entirely replace current section with revised section in SIP;

DISTRICT '

# ....,_~ g'"nfo.-wonl

DEPARTMENT
Of THE ENVlRONMENT 1200 First St. NE

, 5th Floor, Washington, DC 20002 1 tel: 202.535.2600 

### I web:ddoe.dc.govSections 719 to 737- entirely replace current sections with revised sections in SIP;
Sections 738 to 742- remove from SIP;
Sections 743 to 749- entirely replace current sections with revised sections in SIP;
Section 750- remove from SIP;
Sections 751 to 758- entirely replace current sections with revised sections 751 to 754
and add sections 755 to 758 to SIP;
Sections 763 to 769- add sections to SIP;
Sections 770 -add section to SIP;
Section 771

- add section to SIP;
Sections 773 to 778 -add sections to SIP;
Section 799- entirely replace current section with revised section in SIP; Appendix 7-1 -remove from SIP.

Please note that the current provisions of sections 734 through 754 were proposed anew and have
been re-codified.

These are the only portions of the rulemaking that the District of Columbia is requesting be
considered part of this SIP revision to address the Clean Air Act's requirements to reduce ground-level ozone levels, including precursor emissions ofVOCs.

Should you have any questions or require additional information, please contact me at (202) 535- 2615, or Ms. Cecily Beall, Associate Director for the Air Quality Division, at (202) 535-2626

.

# ._-~j**~**

A.G. Tulou

Enclosure

cc: Diana Esher, Director, Air Protection Division, EPA Region 3 Cecily Beall, Associate Director, Air Quality Division, DDOEGOVERNMENT OF THE DISTRICT OF COLUMBIA

District Department of the Environment

Office of the Director

March 24, 2011

Mr. Shawn M. Garvin Regional Administrator, Region 3

U.S Environmental Protection Agency

Mail Code 3RAOO

1650 Arch Street Philadelphia, PA 19103

Subject: Negative Declaration

# Dear**~.9o,J-V** 

# ***

This submits a negative declaration for the following categories of sources of volatile organic compounds (VOCs) for which EPA issued a control technique guideline (CTG) document in

calendar years 2006, 2007 and 2008:

• Auto and light-duty truck assembly coatings;

• Fiberglass boat manufacturing materials;

• Paper, film and foil coatings; and

• Flatwood paneling.

This negative declaration is being submitted to fulfill the requirement that, in the absence of

sources in these source categories, the District of Columbia revise its State hnplementation Plan (SIP) or submit a negative declaration for these categories pursuant to Section 182(b )(2)(A) of

the Clean Air Act.

The District of Columbia provided the public with a 30-day period to comment from August 13,
2010, to September 13,2010, and held a public hearing on September 13,2010, for this negative

declaration. The following documents are enclosed:

• Two copies of the Negative Declarations

• D. C. Register Notice of Public Hearing

• Copy of the affidavit of publication

• Copy of the hearing officer's certification

A revised regulation on VOCs was proposed at the same time as the negative declaration. The original affidavit and hearing officer's certification will be submitted with the final VOC rulemaking. No public comments were received on the negative declaration.

>IS rRIC'l ' D l

- : 1>

, \ R l ', \ 1 1·

.. "'\(l" >!:T il E I '-. \ '" I R< l'.,\11
, - r · 1200 First Street, NE, 5th Fl., Washington, DC 20002 • Phone: (202) 535-2600; Facsimile: (202) 535-2881Pursuant to the requirements of Section 110 of the Clean Air Act, we are officially requesting

that EPA take any action necessary to amend the District of Columbia's SIP to reflect this quasiregulatory or non-regulatory amendment to 40 CFR Part 52, subpart J (40 CFR 52.470 to 52.515).

If you have any questions or need additional information, please contact Ms. Cecily Beall at (202) 

### .5 -2626 or cecily.beall@dc.Qo

Cc: Diana Esher, Director, Air Protection Division, EPA Region 3 Cecily Beall, Associate Director, Air Quality Division, DDOEGOVERNMENT OF THE DISTRICT OF COLUMBIA

District Department of the Environment

Office of the Director

Mr. Shawn M. Garvin Regional Administrator, Region 3

U.S Environmental Protection Agency

Mail Code 3RAOO

1650 Arch Street Philadelphia, PA 19103 

# ***

Subject: Negative Declarations for Four CTG Categories: Auto and Light-Duty Truck Assembly Coatings; Fiberglass Boat Manufacturing Materials; Paper, Film and Foil Coatings; and

Flatwood Paneling

Dear Mr. Garvin:

Pursuant to the requirements of the State Implementation Plans, General Preamble for the Implementation

ofTitle I ofthe Clean Air Act Amendments of 1990 (57 FR 13498, April 16, 1992), the District
Department of the Environment (DDOE) is officially certifying that there are no sources located in the

District of Columbia subject to the reasonably available control technology (RACT) control techniques guidelines (CTGs) for the following source categories: ( 1) auto and light-duty truck assembly coatings;
(2) fiberglass boat manufacturing materials; (3) paper, film and foil coatings; and (4) tlatwood paneling.

In view of the above, the District of Columbia will not be adopting the CTG RACT regulations for four

source categories as would otherwise be required by § 182(b )(2)(A) of the Clean Air Act.

The District is in nonattainment of the national ambient air quality standards (NAAQS) for ground-level

ozone. Volatile organic compounds (VOCs) are precursors to ozone. Pursuant to§ 183(e)(3)(C) of the

Clean Air Act, EPA has determined that CTGs are substantially as effective as national regulations in reducing emissions of VOCs in ozone nonattainment areas from Group II, III and IV product categories
(October 7, 2008, 73 FR 58481), which include these four source categories.

In order to identify sources in the District of Columbia potentially subject to regulations based upon the

CTGs, databases such as the U.S. Census Bureau's County Business Patterns and Dun & Bradstreet were queried using the North American Industry Classification System (NAICS) codes provided in the Federal Register notice for the subject CTGs. Business addresses were identified for several source categories,

and staff inspected locations to ensure that CTG-related activities were not taking place. The Air Quality

Division's Permitting and Enforcement Branch staff was solicited for knowledge of sources. As a result,

no sources potentially affected by the four CTGs in the District of Columbia were identified.

If you have any questions or need additional information, please contact Ms. Cecily Beall at (202) 535-

2626 or cecily.beall@dc.gov. 

# fiflly, ry}j(2 

# JJ**~**



# .

# ~~u~~~o~~l**~** Interim Director

Cc: David Arnold, Acting Director, Air Protection Division, EPA Region 3 Cecily Beall, Associate Director, Air Quality Division, DDOE

DISTRICT DEPARTMENT OFT! IE ENVIRONMENT 51 N Street, NE, 5th Fl., Washington, DC 20002 Phone: (202) 535-2250 Facsimile: (202) 481-3771GOVERNMENT OF THE DISTRICT OF COLUMBIA

District Department of the Environment

Office of the Director

Mr. Shawn M. Garvin Regional Administrator, Region 3

U.S Environmental Protection Agency

Mail Code 3RAOO

1650 Arch Street Philadelphia, PA 19103 

# ***

r 

### JAN 

### 26 

### mJ 1

Subject: Negative Declarations for Four CTG Categories: Auto and Light-Duty Truck Assembly Coatings; Fiberglass Boat Manufacturing Materials; Paper, Film and Foil Coatings; and

Flatwood Paneling

Dear Mr. Garvin:

Pursuant to the requirements of the State Implementation Plans, General Preamble for the Implementation

ofTitle I ofthe Clean Air Act Amendments of 1990 (57 FR 13498, April16, 1992), the District
Department of the Environment (DDOE) is officially certifying that there are no sources located in the

District of Columbia subject to the reasonably available control technology (RACT) control techniques guidelines (CTGs) for the following source categories: ( 1) auto and light-duty truck assembly coatings;
(2) fiberglass boat manufacturing materials; (3) paper, film and foil coatings; and ( 4) tlatwood paneling.

In view of the above, the District of Columbia will not be adopting the CTG RACT regulations for four

source categories as would otherwise be required by§ 182(b)(2)(A) of the Clean Air Act.

The District is in nonattainment of the national ambient air quality standards (NAAQS) for ground-level

ozone. Volatile organic compounds (VOCs) are precursors to ozone. Pursuant to § 183(e)(3)(C) of the

Clean Air Act, EPA has determined that CTGs are substantially as effective as national regulations in reducing emissions ofVOCs in ozone nonattainment areas from Group II, III and IV product categories (October 7, 2008, 73 FR 58481), which include these four source categories.

In order to identify sources in the District of Columbia potentially subject to regulations based upon the
CTGs, databases such as the U.S. Census Bureau's County Business Patterns and Dun & Bradstreet were queried using the North American Industry Classification System (NAICS) codes provided in the Federal Register notice for the subject CTGs. Business addresses were identified for several source categories,

and staff inspected locations to ensure that CTG-related activities were not taking place. The Air Quality

Division's Permitting and Enforcement Branch staff was solicited for knowledge of sources. As a result,

no sources potentially affected by the four CTGs in the District of Columbia were identified.

If you have any questions or need additional information

, please contact Ms. Cecily Beall at (202) 535-

2626 or cecily.beall@dc.gov. 

# 7frt' ry)jC 

# N**~ Mau~~o:v~l** **~** Interim Director

Cc: David Arnold, Acting Director, Air Protection Division, EPA Region 3 Cecily Beall, Associate Director, Air Quality Division, DDOE

DISTRICJ' DI'.PARTMP.NT OPTIIE ENVIRON.\IENT 51 N Street, NE, 5th Fl., Washington, DC 20002 Phone: (202) 535-2250 Facsimile: (202) 481-3771DISTRICT OF COLUMBIA REGISTER VOL. 57 • NO. 33 AUGUST 13 2010

DISTRICT DEPARTMENT OF THE ENVIRONMENT

NOTICE OF PUBLIC HEARING ON AIR QUALITY ISSUES

Proposed Rulemaking on Volatile Organic Chemicals (VOCs)

Notice is hereby given that a public hearing will be held on Monday, September 13, at 6:00p.m.

in Room 512 at 1200 First Street, N.E., 5th Floor, in Washington, D.C. This hearing provides

interested parties an opportunity to comment on the District's proposed rulemaking on Volatile Organic Compounds (VOCs) and negative declaration for four CTG categories.

The District has revised Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR), Subtitle A, Air Quality, Chapter 7, sections 700, 707, 708, 710, 714 through 717, 719 through 778, and 799. The proposed regulations are necessary to further reduce

volatile organic compound (VOC) emissions in the District. VOCs are precursors to ground-level

ozone, a principal component of smog that is formed in the atmosphere in the presence of sunlight. Ground-level ozone is a criteria pollutant under the federal Clean Air Act (CAA). The Washington metropolitan area, which includes the District, is in nonattainment of the National

Ambient Air Quality Standards (NAAQS) for eight-hour ground-level ozone. Therefore, the

District is required to adopt measures to reduce ozone levels, including precursor emissions of

VOCs.

The proposed regulations incorporate Phase II amendments to model rules designed to reduce

ozone in the eastern United States and promulgated by the Ozone Transport Commission (OTC),

an entity created by the federal Clean Air Act (42 U.S.C. 7506a). Since VOCs are precursors to

ozone, all members of the OTC (Virginia, the District of Columbia, Maryland, Pennsylvania, Delaware, New Jersey, New York, Connecticut, Massachusetts, Rhode Island, Vermont, New Hampshire, and Maine) have drafted similar rules as part of a regional strategy to attain and

maintain the eight-hour ozone NAAQS.

In addition to incorporating the OTC model rules, this proposed rulemaking adopts the requirements of several control techniques guidelines (CTGs) published by EPA. In accordance

with sections 182(b)(2)(A) and 183(e) of the Clean Air Act (CAA), CTGs contain reasonably

available control technology (RACT) level controls for specified product categories. The categories addressed in this rulemaking are: flexible packaging and printing (§§ 710, 770 and 771); large appliance coatings, metal furniture coatings, and miscellaneous metal products and plastic parts coatings (§714); lithographic and letterpress printing (§716); miscellaneous

industrial adhesives(§§ 743 to 749); and industrial cleaning solvents(§§ 770 and 771).

The District is also submitting a negative declaration (a letter of certification) for the four remaining CTG categories because no sources in the District were identified: flatwood paneling;

paper, film, and foil coatings; auto and light-duty truck assembly coatings; and fiberglass boat manufacturing.

The proposed regulation and negative declaration are available for public review during normal

business hours at the offices ofthe District Department of the Environment (DDOE), 1200 First

007200DISTRICT OF COLUMBIA REGISTER VOL. 57

- NO. 33 AUGUST 13 2010

Street, NE, Washington, D.C. 20002, and on-line at http://ddoe.dc.gov/ddoe. A hard copy of each

is also available for review at the Martin Luther King Jr. Memorial Library at 901 G Street, NW, Washington, DC 20001-4531.

Interested parties wishing to testify at this hearing must submit in writing their names, addresses, telephone numbers, and affiliation, if any, to Mr. William Bolden at DDOE by 4:00 p.m. on September 13, 2010. Interested parties may also submit written comments to Ms. Cecily Beall,

DDOE Air Quality Division, at 1200 First Street, NE, 5 1 h Floor, Washington, DC 20002, or submit comment to her by email at cecily.beall@dc.gov. No written or email comments will be accepted after September 13, 2010. For more information, call Ms. Jessica Daniels at 202-741-

0862 or email her at jessica.daniels@dc.gov.

007201

### AFFIDAVIT OF PUBLICATION

DISTRICT OF COLUMBIA, ss, Personally appeared before me, CHIZUKO CARTER,

a Notary Public in and for the District of Columbia, AD# 14559739

CARLS. JOHNSON, who is being duly sworn according to law, an oath says that he is

an AUTHORIZED AGENT of THE WASHINGTON TIMES, L.L.C., publisher of

DISTRICT DEPARTMENT OF THE ENVIRONMENT

NOTICE OF PUBLIC HEARING ON AIR QUALITY ISSUES

Proposed Rulema!dng on Volatile Organic Chemrcals (VOCs)

Circulated daily, in the City of Washington, District of Columbia,

and that the advertisement, of which the annexed is a true copy,**NotL~e** ls d hereby**~l"cn** that a publ ic h earing will**b~** held

on on ,BY. SeptombN ll aJ 6:00 n.m. J n Room ill at**~200 nrs,** **Str~et,** N.E., >th Floor, rn Washington n c Th is

ea r ng provrdcs Interested panrcs an onportt;nliy to commcont on**th~ D•Slntt~r.**  proposed ruremaliing on Vol · atllc Organrc Compou nd s (VOCs) and negat ive d('Cia- ratron lor four Cl G**cMegom ~~-** 

was published in said newspaper _1_ time(s) on the following dates: 6he**f'"F** llas revised**Till~** 20 (Environ m ent) ol the ostr c o Colombra Mtnrlc:Jna l Rogulalionsc {DCMR) Subll!le "-· Air Ouolrty, Chapter 7, sec tions 700 101 708' 71ll. 714 thr-ough 717. 119 urrouah 778 and 7 99 • The**~reposed** regul.ttlons arc n ecessary to' further redu ctr 'o,latrle organrc compound ( \ICC) fmlsslons In tho Dis · tr ct

. . VOC s**c ~>rr'**  r rwrs to ground

· lco e l 2010 AUGUST 12

at the rate of $ 2.91 per line

Total Cost $ 541.26 Dollars

·I 

### Q____ ) t:.:/z .z_.,J-,.___ /

Subscribed and sworn to before me

AUGUST 16, 2010

# ~: Notary Public 

# WA..__ (

-

My Commission expires**prlnc~al** component of smog that Is formed**lno~~·;; ,."**  m,osp ere rn till! presence ul su nl i ghL Ground-level**~·n~~A~** criteria poiiiitant urrdcr the lcdc•ral C lean A i r 1 c • The Wa s hington metropolitan area which**fc1~ de1tn** **e Dl5trlc~**  Is In nonattainment of rhe**Natlnn~ l**  m en A r**Quallt~** Standards (N AAQS l lor er hl

· h •

.**9,'?und lcY~** **I** ow n e. Therefore. the District i s**rogulred~6 ~u~;,** **':,~~o;,s 5** **~~ ~~gi"**  ozone lev els

. Including preThe proposed**r~gula!lons lncorporat~**  Phase 1 1 amend · ments to model rules des1gncd to reduCll ozonc I n th e**~astern Unlt~d** **St~tes** a nd prnmuloaled by lhe Ozone**fc~~;f,o~** ComAml lss ro n COTC). an entity created by tire

c a n r 4tl (Q u.s.c. 75 06a)

. Since \IOCs are**fh~Wsotr rs**  t o

1**~!one.** all members or rnc ore cviry l nia.

s Cl o

.. olumbla

, Mary lan d. Pennsylvania, t5eta·
ware, New Jersey, New York, Conn-ectic:uc, Massar:llu

- sefis. Rhode**l~l~n ,**  Vermont New**t;~mpshlre** and M,llne) hn ve draHcd S<mllar rules liS pan Of a reniona l**~JJ.W~~** to attar n and maintain the elght·hour**ozo~e**

In addition t 1 o lncurpurattn9 the OTC model r ule> th is prorosed ru emaking adopts the requirements or 'so

era control II!chnlques guidelines (CTGs) publishoo b**~:fc·** 

### ) lnf ac,orda nce wlttr sectJons 162(b)(2)(A)**an~** e o Ute Clean Air Aol CCAA), C1Gs COIItlll n rca·**f::,~•b/y av&lla~le**  co ntro l !e<:hnology (RACT) level con- s or spectfred pmduct c.Jtegorres. The categor'cs**~~~lr~~~w.~· fr~~~~~tr**  flax r ble**packagln~** a 1 nd
met41 furnl tu r.> con trngs.**a'njrg~~~~/::;.~g~oa~~Y~ g~~d** **ui{'** and P lashc pnrts c oatlnY,'>**(§71~);** li thographic**adJ cirv~P[~\~)'~"f** **~fl6~** r;n**gcell~ncous** l ndustrra !

vrnt.s (§§ 770 and 771l. • an rn USlriiol cleaning SOl · rhf Ols;rict**I~** a l so s ubmiUrng a negatlv e deciarnUort (a
ct cr o certlflcauon) for the lour remain ing CTG cate

. Rorles bdccause no so u rces'" the Dlstnct were Identified·

a r woo paneling; Dilj)cr. film, ond lo ll coati ng s · aiito**g~t ~~:~~:!tu~~** **~~** J55em!Jiy coatl n os: ond fiberglass

ThP. llrtiPCSed regu la tion and ne!'gLltir.'e dect 11 rarl on r avrulable for publ ic**revlc~** during normal business**ho~r~** at the offices o r the Dl .str rct Oopanment of the Environ · !;"Cnt (DOOEJ

, 1100 frrst Street. NE, Woshln t on 0 C. .000 2, and on-line ol**lmll:16P,dp,~dc.~v dif'?**  . A

. h 1

ird

copy ol each Is ilJso avarliil e or rev ew a th M Lut hhe 1 r King Jr. Mem oria l Library at 901 G**Str:~t** t'U.n

Was ngton, DC 201)()1·45"31. • •**~~\:'~r~** part 1 1 1 cs w 1 rs 11 h!

1 ng to rcstlf> · a t th 15 hear 1 ng must**~** wn ng c r names.**address.~** telephcne**g~E** {;.•**~:!if, affihatio~**  If any, to Mr. W illiam Bo lden ar ' p.m

.**on.~~Pt~mbar** 13, 20t0. Int erested**~1l~g'ay** also subm1t wrrttcn commc 11 ts toM >. ceclly

0**~** F i OE A i r**Qu~ilty** D t • ls lan. a1 1200 first Street NE. bt boor, W 1 ashlngroo

. DC**~0002 .**  or submit comment to

er Y ema 1 cu**~UJ!!d't.tl~.** No wrluen or (!mall

c omm e nts y.rrll be**a~ e<faller**  Sepromber 11 2010**~Oo~ 7m41o~~o~noformatlllohn.**  atll Ms. J essi ca Dani el s ai ' ••**~'** r•mo era**ltl>i~;;~.**

Ad #14559739GOVERNMENT OF THE DISTRICT OF COLUMBIA

District Department of the Environment 

# ***

Air Quality Division

MEMORANDUM**~**

TO: Christophe A. G. TulouO

# ~ 

# '£.a. J.. LO
Acting Director,

## Distric~artment ohhe Environment

### i1V~ \ u\IJ FROM: Cecily Beall v / Ci1 \

Associate Director, AQD, DDOE

DATE: September 16,2010

SUBJECT: Hearing Officer's Certification for the Public Hearing on Proposed Revised

Volatile Organic Compound Regulations and Proposed Negative Declarations for

Four Control Technique Guidelines

This is to certify that, pursuant to the attached Notice of Public Hearing published in the Washington Times, a hearing was held at approximately 6:00p.m. on September 13, 2010 to give the public the opportunity to comment on the proposed revisions to the volatile organic compound regulations and the proposed negative declarations for four control technique guidelines.

Cecily Beall of the Department of the Environment, Air Quality Division, represented the

District. There was one attendee, who was also a speaker.

Testimony was provided by one person, who completed the attached speaker sign-in sheet:

1. Joseph Yost

Consumer Specialty Products Association

900 1 

## ih Street, NW #300 Washington, DC 20006

# Do~**~~~-------------- ----** **~** 1200 I" Street, NE, .S. 1 h Floor, Washingt@, DC 20002 Phone: (202) 535-2250 Facsimile: (202) 481-3771GOVERNMENT OF THE DISTRICT OF COLUMBIA Department of the Environment

Environmental Protection Administration

Air Quality Division

SEPEMBER 13, 2010



### Public Hearing on Proposed ProposedVolatile Organic Compound Regulations and Negative Declarations for Four Control Technique Guidelines Speakers

As of the published deadline, September 13, 2010, the Air Quality Division received one request for the opportunity to testify. Should

there be any other persons at the public hearing interested in making presentations who had missed the filing deadline, we will allow

up to five (5) minutes for each person to testify. All presenters please sign in below:

NAME

1.

### J_;~£Plf 

## (osr

2.

3.

4.

5.

6

.

7.

8.

9. AFFILIATION (if any)**~NSvtl.llER** 9&:tf.\LT'/ 

## ?Rouvcrr**M~DC/** 4 

### ·n or..J ADDRESS


### () oo 1 "?



### · ru 5'1/< 

### EET JV .0 4¢



### - 3:.-:>o

/ / 

## v-J AsH I f'J**GT~** N ']X

_ k ,10 6GOVERNMENT OF THE DISTRICT OF COLUMBIA

District Department of the Environment 

# ***

Office of the Director

Mr. Shawn M. Garvin Regional Administrator, Region 3

U.S Environmental Protection Agency

Mail Code 3RAOO

1650 Arch Street Philadelphia, PA 19103

Subject: Negative Declarations for Four CTG Categories: Auto and Light-Duty Truck Assembly Coatings; Fiberglass Boat Manufacturing Materials; Paper, Film and Foil Coatings; and

Flatwood Paneling

Dear Mr. Garvin:

Pursuant to the requirements of the State Implementation Plans, General Preamble for the Implementation

of Title I of the Clean Air Act Amendments of 1990 (57 FR 13498, April 16, 1992), the District
Department of the Environment (DDOE) is officially certifying that there are no sources located in the

District of Columbia subject to the reasonably available control technology (RACT) control techniques guidelines (CTGs) for the following source categories: (I) auto and light-duty truck assembly coatings;
(2) fiberglass boat manufacturing materials; (3) paper, film and foil coatings; and (4) f1atwood paneling.

In view of the above, the District of Columbia will not be adopting the CTG RACT regulations for four

source categories as would otherwise be required by § I 82(b)(2)(A) of the Clean Air Act.

The District is in nonattainment of the national ambient air quality standards (NAAQS) for ground-level

ozone. Volatile organic compounds (VOCs) are precursors to ozone. Pursuant to § 183( e )(3)(C) of the

Clean Air Act, EPA has determined that CTGs are substantially as effective as national regulations in reducing emissions ofVOCs in ozone nonattainment areas from Group II, III and IV product categories
(October 7, 2008, 73 FR 58481), which include these four source categories.

In order to identify sources in the District of Columbia potentially subject to regulations based upon the
CTGs, databases such as the U.S. Census Bureau's County Business Patterns and Dun & Bradstreet were queried using the North American Industry Classification System (NAICS) codes provided in the Federal Register notice for the subject CTGs. Business addresses were identified for several source categories,

and staff inspected locations to ensure that CTG-related activities were not taking place. The Air Quality

Division's Permitting and Enforcement Branch staff was solicited for knowledge of sources. As a result,

no sources potentially affected by the four CTGs in the District of Columbia were identified.

If you have any questions or need additional information, please contact Ms. Cecily Beall at (202) 535­

2626 or cecily.beall@dc.gov. 

# 0[t 'Y)j12 

# N ­

# Mau~~o~:l~ Interim Director

Cc: David Arnold, Acting Director, Air Protection Division, EPA Region 3 Cecily Beall, Associate Director, Air Quality Division, DDOE

51 N Street, NE, 5th Fl., Washington, DC 20002 Phone: (202) 535-2250 Facsimile: (202) 481-3771 DISTRICI'DEPARTMENT OFTfIE I':' 'VIRO.**~II'..** T1 DISTRICT DEPARTMENT OF THE ENVIRONMENT Volatile Organic Compound Emissions Reduction

TITLE 20 DCMR (ENVIR ONMENT), SUBTITLE A ( AIR QUALITY )

, CHAPTER 1, GENERAL RULES, SUB SECTION 100.4 is amended as follows:

100.4 The English system of measurement shall b e the official system of measurement

under this subtitle, unless specified otherwise

.

TITLE 20 DCMR (ENVIR ONMENT), SUBTITLE A ( AIR QUALITY )

, CHAPTER 1, GENERAL RULES, SECTION 199, is amended as follows :

1 99 DEFINITIONS AND ABBREVIATIONS

“Control techn ique guideline” is repealed. “Cylinder

- wipe” is repealed. “Gravure” is repealed. “Heatset” is repealed. “Inking cylinder” is repealed. “Intaglio” is repealed. “Letterpress” is repealed. “Letterset” is repealed. “Offset printing process” is repealed. “Paper

- wipe” is repealed. “Photochemically reactive solvent” is repealed. “Plate” is repealed. “Printing” is repealed. “Printing operation” is repealed. “Printing unit” is repealed.

“Volatile organic compounds” is repealed and replaced with:

Volatile organic c ompound (VOC)

– any compound of carbon, other than those organic compounds that are defined in 40 CFR Part 51 (40 C

. F

. R

. § 51.100).

“Water

- based solvent” is repealed. “Wipe cleaning” is repealed.

TITLE 20 DCMR (ENVIR ONMENT), SUBTITLE A ( AIR QUALITY ) CHA PTER 7, VOLATILE ORGANIC COMPOUNDS, SECTIONS 700, 707, 708, 710, 714 through 717, 719 through 778, and 799 are amended as follows :

700 ORGANIC SOLVENTS is repealed and replaced with:

700 MISCELLANEOUS VOLATILE ORGANIC COMPOUNDS (VOCs)2

700.1 Unless oth erwise specified, sources subject to subsequent sections of this chapter

shall not be subject to § 700.

700.2 No person shall discharge into the atmosphere more than fifteen (15) pounds of

volatile organic compound (VOC) emissions in any one (1) day, nor more than

three pounds (3 lb. ) in any one (1) hour, from any combination of articles, machines, units, equipment, or other contrivances at a facility, unless the

uncontrolled VOC emissions are reduced by at least ninety percent (90%) overall capture and co ntrol efficiency.

707 PERCHLOROETHYLENE DRY CLEANING is repealed.

708 SOLVENT CLEANING (DEGREASING) is repealed

. and replaced with:

708 NONPHOTOCHEMICALLY REACTIVE SOLVENTS

708.1 Unless otherwise specifi ed, sources subject to subsequent sections of this chapter

shall not be subject to § 708.

708.2 No person shall discharge into the atmosphere more than forty pounds (40 lb. ) of

nonphotochemically reactive solvents in any one (1) day, nor more than eight

p ounds (8 lb. ) in any one (1) hour, from any article, machine, equipment, or other contrivance, unless the uncontrolled organic emissions are reduced by at least eight y

- five percent (85%).

710 INTAGLIO, FLEXOGRAPHIC, AND ROTOGRAVURE PRINTING is

amended to read as follows:

710.1 Except as provided in § 710.2, it shall be prohibited to operate:

(a) Any intaglio printing unit or perform any intaglio printing operation, except in compliance with the requirements of this section; or

(b) After January 1, 20 12 , any individual flexographic or rotogravure package printing press with the theoretical potential to emit from the dryer before controls of at least twenty

- five tons per year (25 tpy) of VOC from inks, coatings and adhesives combined, except in complian ce with the applicable requirements of this section, where any flexographic or rotogravure package printing press that becomes or is currently subject to § 710.1(b) will remain subject to the applicable requirements of this

section even if its theoretical potential to emit has fallen or later falls below the applicability threshold.

710.2 If part or all of any printing operation involving VOC emissions is not specifically

controlled by the requirements of this section, then the VOC

- related emission3 operat ion or part of the operation shall be governed by the other requirements of

this subtitle.

710.3 This section shall apply only to the emissions of VOCs; all provisions of this

subtitle other than those restricting the emissions of VOCs apply to the opera tions regulated by this section.

710.4 The use of inks, wiping solutions, and fountain solutions in

connection with printing units shall comply with the limits on the percentage content of VOCs of the inks, wiping solutions and fountain solutions for the

res pective types of printing units and be subject to § 710.5 through 710. 8

.

710.5 T he VOC content of ink shall not exceed the following percentages after

December 31, 1987:

(a) Heatset intaglio, thirty percent (30%);

(b) Non

- heatset paper

- wipe intaglio, five perce nt (5%);

(c) Non

- heatset cylinder

- wipe intaglio, twelve percent (12%);

(d) Flexography, sixty

- five percent (65%), except for any individual flexographic package printing press with the theoretical potential to emit from the dryer prior to controls of at least tw enty

- five tons per year (25 tpy) of VOC (petroleum ink oil) from inks, coatings

, and adhesives combined, which are subject to the following:

(1) Sixty

- five percent (65%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add

on air pollution control device (APCD) whose first installation was

before January 1, 2012 ;

(2) Seventy percent (70%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add

on APCD whose first installation was on or after January 1, 2012 ;

(3) Seventy

- five percent (75%) overall control for a press that was first installed on or after March 14, 1995, and that is controlled by an

add

- on APCD whose first installation was before J anuary 1, 2012 ; and

(4) Eighty percent (80%) overall control for a press that was first installed on or after March 14, 1995, and that is controlled by an

add

- on APCD whose first installation was on or after January 1,

2012 ; and4 (e) Gravure, twelve percent ( 12%), except for any individual rotogravure package printing press with the theoretical potential to emit from the dryer before controls of at least twenty

- five tons per year (25 tpy) of VOC (petroleum ink oil) from inks, coatings

, and adhesives combined, which are subject to the following:

(1) Sixty

- five percent (65%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add

on APCD whose first installation was before January 1, 2012 ;

(2) Seventy perce nt (70%) overall control for a press that was first installed before March 14, 1995, and that is controlled by an add

on APCD whose first installation was on or after January 1, 2012 ;

(3) Seventy

- five percent (75%) overall control for a press that was fi rst installed on or after March 14, 1995, and that is controlled by an

add

- on APCD whose first installation was before January 1, 2012 ; and

(4) Eighty percent (80%) overall control for a press that was first installed on or after March 14, 1995, and that is controlled by an

add

- on APCD whose first installation was on or after January 1,

2012

.

710.6 For § 710.5( d )(1 )

- ( 4) and ( e )(1 )

- ( 4), calculation of the source’s theoretical

potential to emit shall be pursuant to § 715 .1

.

710.7 As an alternative to § 71 0.5( d )(1 )

- ( 4) and ( e )(1 )

- ( 4), the following equivalent

VOC content limits can be met:

(a) Eight tenths of a kilogram ( 0.8 kg ) VOC/kilogram (kg) solids applied; or

(b) Sixteen tenths of a kilogram ( 0.16 kg ) VOC/kilogram (kg) materials applied.

710.8 T he VOC cont ent of wiping solution shall not exceed the following percentages

after December 31, 1987:

(a) Heatset intaglio, one percent (1%); and

(b) Non

- heatset cylinder

- wipe intaglio, one percent (1%).

710.9 For § 710.5 through 710. 8 :5 (a) The percentage VOC content is by weight and applies to the inks and solutions as contained in the storage wells (fountains) of the printing unit, and does not include water;

(b) The percentage VOC content shall be determined in accordance with

Procedure B of test method ASTM D

- 2369

- 81; wher e, in lieu of testing the formulated inks and solutions, the individual components of the formulations may be tested and the VOC content of the formulations may

be calculated there from ; and

(c) The percentage water content shall be determined in accordance w ith test

method ASTM D

- 3792

- 79.

710.1 0 Ink usage in connection with all forms of intaglio printing shall be minimized to

the extent feasible by routing the inking cylinders or other techniques.

710.1 1 Alternate VOC emission reduction systems may be used to attain compliance with

§ 710.5 through 710. 8 in place of the specific requirements stated in those sections provided that:

(a) The alternate VOC reduction system(s) is demonstrated to have at least equivalent results in limiting emissions of VOCs as would the application of the requirements of those sections; and

(b) The alternate system(s) shall be approved by the Department.

710. 12 All containers holding or conveying VOC

- containing materials shall be open only

when necessary and openings shall be restricted to the extent feasible.

710. 13 The leaking of any solvent or solvent

- containing materials from any printing unit

or associated equipment shall be prohibited.

710. 14 The storage or disposal of any solvent or solvent

- containing material, includ ing

waste material, in a manner that will cause or allow its evaporation into the atmosphere shall be prohibited.

710. 15 To the greatest extent feasible, persons operating printing units and associated

equipment shall minimize their use of VOC

- containing materials by restricting wasteful usage and by replacing the material with emulsions or other materials.

710. 16 For establishments to which § 710.5 through 710. 8 apply, but within which one

(1) or more printing units is demonstrated to be unable to comply or cannot feasibly comply, any person owning or operating the establishment may bring it into compliance by reducing VOC emissions from other printing units within the

establishment as follows:6 (a) In a ratio of five (5) units of reduced emissions for e ach one (1) unit of excess emissions for operations during the months of April, May, June, July, August, and September;

(b) In a ratio of one (1) unit of reduced emissions for each one (1) unit of excess emissions for operations during the months of Octo ber, November, December, January, February and March; and

(c) Provided, that:

(1) The owner or operator demonstrates to the Department that the reduction ratio is met by the proposed trade;

(2) The Department approves the proposed trade; and

(3) The proposed trade is legally enforceable against the owner and operator of the establishment.

APPENDIX 7

- 1 is repealed.

714 CONTROLS AND PROHIBITIONS ON GASOLINE VOLATILITY is

repealed and replaced with:

714 CONTROL TECHNIQUES GUIDELINES (CTGs)

714.1 An y person who owns, operates, or leases any combination of articles, machines,

units, equipment, or other contrivances at a facility whose actual VOC emissions before control devices from all units within any one (1) Control Techniques Guidelines (CTG s ) cat egory specified in § 714.3 are:

(a) More than fifteen pounds (15 lbs) in any one (1) day, or more than three pounds (3 lbs) in any one (1) hour, shall be subject to the provisions of this section through §714.8(a) and shall reduce the uncontrolled VOC emi ssions by at least ninety percent (90%) overall capture and control efficiency; or

(b) Less than fifteen pounds (15 lbs) in any one (1) day, and less than three pounds (3 lb

. ) in any one (1) hour, shall be subject to § 714.8(b).

714.2 Any facility that b ecomes or is currently subject to the provisions of this section

by exceeding the applicability threshold in § 714.1(a) will remain subject to these provisions even if its throughput or emissions have fallen or later fall below the applicability threshold.

714.3 The following source categories covered by a CTG issued by the EPA in the

Federal Register in a final rule or in a notice of final determination and availability of a final CTG are subject to this section:7 (a) Miscellaneous Metal Product and Plastic P arts Surface Coatings, where, for the purposes of this section, a source performs surface coating of miscellaneous metal and plastic parts at a manufacturing facility or on a contract basis, except:

(1) VOC emissions addressed by § 718 (MERR), to the exte nt the coatings are used to repair and refinish mobile equipment or mobile equipment components; and

(2) VOC emissions addressed by §§ 773 to 778 (AIM), to the extent the coatings are used on buildings or structures for architectural and

industrial mainte nance purposes ;

(b) Large Appliance Coatings, where, for the purposes of this section, a source uses paints, topcoats, basecoats, sealants, caulks, inks, primers, enamels, adhesives, maskants

, and other such materials in the manufacture of large appliance par ts or products at a large appliance coatings facility;

and

(c) Metal Furniture Coatings, where, for the purposes of this section, a source applies coatings to metal furniture surface coating units at a metal furniture manufacturing facility.

714.4 Any person to whom § 714.3 applies may, by notifying the Department of their

request with the application for a permit, propose the following:

(a) An acceptable RACT emission limit, as recommended in the applicable CTG document; or

(b) Use of low

- VOC materials with add

- on controls that will reduce emissions, as recommended in the applicable CTG document.

714.5 If a person makes a request under § 714.4, the Department will:

(a) Approve, deny

, or modify each request for an alternative to § 714.1(a) as RACT, and approve a requ est only if it meets the recommendation in the applicable CTG; and

(b) Incorporate each approved RACT determination in a permit and submit the RACT determination to the EPA for approval as a SIP revision.

714.6 As an alternative to § 714.4, any person to who m § 714.3 applies may propose

RACT based on a source

- specific RACT analysis, in accordance with § 715.5 through 715.7.8

714.7 No person subject to § 714.1(a) shall use, handle, store, or dispose of VOC

containing materials, coatings, paints, topcoats, bas ecoats, sealants, caulks, inks, primers, enamels, adhesives, maskants, solvents, industrial cleaning solvents, and waste materials unless the person:

( a ) Stores all VOC

- containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesiv es, and waste materials in closed containers except when depositing or removing these materials;

( b ) Minimizes spills of VOC

- containing materials;

( c ) Cleans up spills immediately;

( d ) Conveys any VOC

- containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives, and waste materials in closed containers or pipes;

( e ) Closes mixed vessels

, which contain VOC

- containing materials, coatings, solvents, industrial cleaning solvents, inks, and adhesives except when they are specifical ly in use;

( f ) Minimizes emissions of VOCs during cleaning of storage, mixing, conveying, and other equipment; and

( g ) Stores cloth and paper, or other absorbent applicators, moistened with coatings, solvents, or cleaning solvents in closed, nonabsorben t, non

- leaking

containers.

714.8 A ny person who owns, operates, or leases any combination of articles, machines,

units, equipment, or other contrivances at a facility:

(a) Subject to § 714.1(a) shall keep records as may be necessary to determine

emissio ns and compliance with the applicable limitation or control requirement as follows:

(1) The records shall provide sufficient data and calculations to

demonstrate clearly that the emission limitations or control requirements are met;

(2) Data or informati on 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; and

(3) The records shall be retained at least two (2) years from when they were origi nated and shall be made available to the Department on

request; or9 (b) Subject to § 714.1(b) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applicability

threshold.

715 REASONABLY AVAILABLE C ONTROL TECHNOLOGY is repealed and

replaced with:

715 MAJOR SOURCE AND CASE

- BY

- CASE REASONABLY AVAILABLE

CONTROL TECHNOLOGY (RACT)

715.1 Calculation of source emissions of VOCs to determine applicability of a regulation

of this section shall be based on the fo llowing:

(a) The theoretical potential to emit (design capacity or maximum production and maximum potential operating hours) before add

- on controls; and

(b) The sum of all emissions from individual emission sources within the same control techniques gui deline (CTG) category, except for petroleum/gasoline marketing, in which emissions from storage tanks, terminals, and loading racks within the same plant or site shall be summed.

715.2 Major Source and Case

- by

- Case Reasonably Available Control Technology

(RACT) shall be applied if the theoretical potential plant

- wide emissions are, or have ever been, greater than or equal to twenty

- five tons per year (25 tpy)

.

715.3 For sources for which there is no control technique guideline (CTG), the

requirements of this s ection shall apply in addition to the following:

(a) Theoretical potential emissions from all processes within a plant shall be summed to determine applicability of RACT;

(b) RACT shall be evaluated for all processes in the plant if theoretical potential

emissi ons as determined by this section are greater than or equal to twenty

five tons per year (25 tpy) ; and

(c) RACT is not applicable if physical or operational limitations on the capacity of the source to emit are federally enforceable.

715.4 Any person to whi ch § 715.1 through 715.3 applies shall propose RACT based on a

source

- specific RACT analysis, in accordance with § 715.5 through 715.7.

715.5 To propose source

- specific RACT, any person shall:

(a) Notify the Department of their request for a source

- specific RACT determination with the application for a permit;10 (b) Provide associated monitoring, testing, certification, recordkeeping

, and reporting procedures in accordance with 20 DCMR c hapter 5;

(c) Provide a schedule for achieving compliance with the proposed RAC T as expeditiously as practicable; and

(d) Submit the proposed RACT to the Department for approval.

715.6 Any person who prepares and submits a source

- specific RACT analysis shall

include and provide the Department :

(a) A ranking of the available control op tions for the affected source in descending order of control effectiveness;

(b) An evaluation of the technical feasibility of the available control options identified in § 715.6(a) based on physical, chemical

, and engineering principles, where a determin ation of technical infeasibility shall identify technical difficulties which would preclude the successful use of the control option on the affected source;

(c) A ranking list of the technically feasible control options in order of overall

control effecti veness for VOC emissions that presents the array of control options and shall include, at a minimum, the following information:

(1) The baseline emissions of VOCs before implementation of each control option;

(2) The estimated emission reduction potenti al or the estimated control efficiency of each control option;

(3) The estimated emissions after the application of each control option; and

(4) The economic impacts of each control option, including both

overall cost effectiveness and incremental cost effectiveness ;

(d) An evaluation of cost effectiveness of each control option consistent with the “OAQPS Control Cost Manual” (Sixth Edition), EPA/452/B

- 02

- 001, January 2002, and subsequent revisions, conducted in accordance with the following requirement s:

(1) The cost effectiveness shall be evaluated in terms of dollars per ton of VOC emissions reduction;11 (2) The cost effectiveness shall be calculated on average and incremental bases for each option, with average cost effectiveness

calculated as the a nnualized cost of the control option divided by the baseline emissions rate minus the control option emission rate, as shown by the following formula:

Average cost effectiveness ($/ton removed) = Control option total annualized cost ($/yr) / [Baseline

emi ssion rate

– Control option rate (tons/yr)]

(3) For purposes of this paragraph, baseline emission rate represents the maximum emissions before the implementation of the control option, and the baseline emissions rate shall be established using

either test results or approved emission factors and historic operating data;

(4) For purposes of this paragraph, the incremental cost effectiveness calculation compares the costs and emission level of a control option to those of the next most stringent option, as shown by the following formula:

Incremental Cost (dollars) per incremental ton removed = [Control option total annualized cost ($/yr)

– Total annualized cost of next most stringent control option ($/yr)] / [Next most stringent control option emission rat e (ton/yr)

– control option emission rate (ton/yr)] ;

(e) A recommendation of a RACT emission limitation, equipment standard, or control technology for each affected emission source or unit; and

(f) Additional information requested by the Department that is neces sary for the evaluation of the RACT proposal.

715.7 The Department will:

(a) Approve, deny, or modify each RACT proposal and will approve each

source

- specific RACT determination; and

(b) Incorporate each approved RACT determination in a permit and submi t the RACT determination to the EPA for approval as a revision to the SIP.

716 OFFSET LITHOGRAPHY is repealed and replaced with:

716 OFFSET LITHOGRAPHY AND LETTERPRESS PRINTING

716.1 A ny person who owns, operates, or leases:12 (a) An offset lithograph y printing operation that is part of any stationary

source which emits, or has ever had the theoretical potential to emit,

twenty

- five (25) or more tons per year of VOCs shall be prohibited from operating the printing operation unless it is in compliance w ith the requirements of this section, where calculation of the stationary source’s theoretical potential to emit shall be pursuant to § 715 .1 ;

(b) After January 1, 2012 , any offset lithography or letterpress printing operation which emits VOCs at a rate equal to or greater than fifteen pounds per day (15 lb/day) actual emissions of VOC on a monthly average

basis before consideration of controls shall comply with the requirements of this section through § 716. 25 (a); and

(c) After January 1, 2012 , any off set lithography or letterpress printing operation which emits VOCs at a rate less than fifteen pounds per day (15

lb

. /day) actual emissions of VOC on a monthly average basis before consideration of controls, shall comply with § 716. 25 (b).

716.2 Any printi ng operation or press that becomes or is currently subject to the

provisions of this section by exceeding the applicability threshold in § 716.1(a), 716.1(b)

, and 716. 16 shall remain subject to these provisions even if its throughput or emissions or its th eoretical potential to emit has fallen or later falls below the applicability threshold.

716.3 If part or all of any offset lithography or letterpress printing operation involving

VOC emissions is not specifically controlled by the requirements of this s ection,

then the VOC

- related emission operation or part of the operation shall be governed by the other requirements of this subtitle on air quality.

716.4 This section applies only to the emissions of VOCs; all provisions of this subtitle

on air quality other than those restricting the emissions of VOCs apply to the operations regulated by this section.

716.5 Prior to January 1, 2012 , no person who owns, operates

, or leases an offset

lithography printing operation in existence as of December 31, 1985, s hall utilize fountain solution in conjunction with printing units with a VOC content in excess of the following limits:

(a) For non

- heatset or coldset web printing, twenty percent (20%); and

(b) For heatset web printing, fifteen percent (15%).

716.6 Aft er January 1, 2012 , no person who owns, operates

, or leases an offset

lithography printing operation shall utilize fountain solution in conjunction with printing units in excess of the following limits:13 (a) For non

- heatset or coldset web printing, five p ercent (5%) alcohol substitute (by weight) on

- press (as

- applied) and no alcohol in the fountain

solution as determined by EPA Method 24;

(b) For heatset web printing, one and six tenths percent (1.6%) alcohol (by weight) in the fountain or, to achieve an equivalent level of control, any one of the following shall occur:

(1) Reduce the on

- press (as

- applied) alcohol content to one and six tenths percent (1.6%) alcohol or less (by weight);

(2) Use three percent (3%) alcohol or less (by weight) on

- press (as

applied ) in the fountain solution, provided the solution is refrigerated to less than sixty degrees Fahrenheit (60° F ) or sixteen degrees Celsius ( 16o C ); or

(3) Use an alcohol substitute so that the on

- press (as

- applied) VOC content is five percent (5%) or less (by weight) as determined by EPA Method 24 and no alcohol is in the fountain solution; or

(c) For sheet

- fed printing, five percent (5%) alcohol (by weight) in the fountain or, to achieve an equivalent level of control, any one of the following shall occur:

(1) Reduce the on

- press (as

- applied) alcohol content to five percent (5%) alcohol or less (by weight);

(2) Use eight and a half percent (8.5%) alcohol or less (by weight) on

press (as

- applied) in the fountain solution, provided the solution is refrigerated to les s than sixty degrees Fahrenheit (60° F ) or sixteen degrees Celsius ( 16o C ); or

(3) Use an alcohol substitute so that the on

- press (as

- applied) VOC content is five percent (5%) or less (by weight) as determined by

EPA Method 24 and no alcohol is in the fountai n solution.

716. 7 Subs ection 716. 6 does not apply to:

(a) Sheet

- fed presses with maximum size of eleven by seventeen inches (11x17 in

. ) or smaller; and

(b) Any press with total fountain solution reservoir of less than one gallon (1 gal. ).14

716. 8 No person who owns, operates

, or leases a printing operation shall utilize cleaning

solutions containing VOCs in conjunction with printing units in excess of:

(a) A fter May 1, 1999, for any offset lithography printing operation which emits, or has the theoretical pote ntial to emit, twenty

- five (25) or more tons per year of VOCs:

Ten millimeters of mercury (10 mm

. Hg) at twenty degrees Celsius (20° C ) or sixty

- eight degrees Fahrenheit ( 68o F ) of VOC composite partial pressure calculated as follows:

where:

Ppc = VOC composite partial pressure at twenty degrees Celsius

( 20°C ) or sixty

- eight degrees Fahrenheit ( 68o F) , in mm Hg;

W i = Weight of the "i"th VOC compound, in grams, as

determined by ASTM E 260

- 91;

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

3792

- 86;

We = Weight of the "i"th exempt compound, in grams, as

determined by ASTM E 260

- 91;

Mw i = Molecular weight of the "i"th VOC compound, in grams

per g

- mole, as given in chemical reference literature;

Mww = Molecular weight of w ater, eighteen grams ( 18 g

. ) per g

mole;

Mwe = Molecular weight of the "i"th exempt compound, in grams

per g

- mole, as given in chemical reference literature; and

Vp i = Vapor pressure of the "i"th VOC compound at twenty

degrees Celsius ( 20o C ) or s ixty

- eight degrees Fahrenheit ( 68o F) , in mm

. Hg, as determined by § 747.6; and

(b) One of the following limits after January 1, 2012 , for any offset lithography or letterpress printing operation where the emissions15 associated with all aspects of that ope ration equal or exceed fifteen pounds (15 lbs) actual emissions of VOC on a monthly average basis before

consideration of controls:

(1) Seventy percent (70%) of VOCs (by weight); or

(2) Ten millimeters of mercury (10 mm

. Hg) at twenty degrees Celsius (20 ° C or 68o F ) of VOC composite partial pressure calculated using the formula in §716. 8 (a).

716. 9 Cleaning solutions and shop towels used for cleaning shall be kept in closed

containers.

716. 10 Subs ection 716. 8 (b) does not apply to:

(a) Up to one hundre d and ten gallons (110 gal

. ) per year of cleaning solutions which meet neither § 716. 8 (b)(1) or (2); and

(b) Cleaners used on electronic components of a press, pre

- press cleaning operations ( for example, platemaking), post

- press cleaning operations ( for example, binding), cleaning supplies ( for example, detergents) used to clean the floor (other than dried ink) in the area around a press, or cleaning performed in parts washers or cold cleaners.

716. 11 Prior to January 1, 2012 , n o person who owns, operat es
, or leases the following

printing operations in existence as of December 31, 1985, shall utilize inks in conjunction with printing units if the VOC content of ink is in excess of the following percentages:

(a) Heatset offset lithography, forty percent (40% );

(b) Non

- heatset offset lithography, thirty

- five percent (35%);

(c) Letterset, forty percent (40%); and

(d) Letterpress, thirty percent (30%).

716.12 For § 716.5 and 716.11:

(a) The percentage VOC content is by weight and applies to the inks and

solutions as c ontained in the storage wells (fountains) of the printing unit, and does not include water;

(b) The percentage VOC content shall be determined in accordance with

Procedure B of test method ASTM D

- 2369

- 81; where, in lieu of testing

the formulated inks and solutions, the individual components of the16 formulations may be tested and the VOC content of the formulations may

be calculated there from ; and

(c) The percentage water content shall be determined in accordance with test

method ASTM D

- 3792

- 79.

716.13 Fo r establishments to which § 716.5 and 716.11 apply, but within which one (1)

or more printing units is demonstrated to be unable to comply or cannot feasibly comply, any person owning or operating the establishment may bring it into compliance by reducing VOC emissions from other printing units within the

establishment as follows:

(a) In a ratio of five (5) units of reduced emissions for each one (1) unit of excess emissions for operations during the months of April, May, June, July, August, and September ;

(b) In a ratio of one (1) unit of reduced emissions for each one (1) unit of excess emissions for operations during the months of October, November, December, January, February

, and March; and

(c) Provided, that:

(1) The owner or operator demonstrat es to the Department that the reduction ratio is met by the proposed trade;

(2) The Department approves the proposed trade; and

(3) The proposed trade is legally enforceable against the owner and operator of the establishment.

716.14 Prior to January 1, 2012

, no person who owns, operates

, or leases a heatset web

offset lithography printing operation or heatset web letterpress printing operation in existence as of December 31, 1985, shall utilize dryers unless the VOC emissions are reduced by n inety per cent (90%) (by weight) overall through the use of a control device, except in the case of printing units using water

- based

solvents in the ink used on them.

716.15 Alternative VOC emission reduction systems may be used to attain compliance

with § 716.5, 7 16.11

, and 716.14 in place of the specific requirements stated in those sections provided that:

(a) The alternative VOC reduction system(s) is demonstrated to have at least equivalent results in limiting emissions of VOCs as would the application

of the r equirements of those sections; and

(b) The alternate system(s) shall be approved by the Department.17

716.16 N o person who owns, operates

, or leases an individual heatset web offset

lithography printing operation or heatset web letterpress printing operat ion with a theoretical potential to emit from the dryer of more than twenty

- five tons per year (25 tpy) of VOC (petroleum ink oil) before controls shall utilize dryers or inks unless the VOC emissions are reduced by:

(a) Ninety percent (90%) (by weight) o verall through the use of a control

device whose first installation date was before January 1, 2012 ;

(b) Ninety

- five percent (95%) overall control efficiency for newly installed equipment or for a control device whose first installation date was on or

aft er January 1, 2012 ; or

(c) If the inlet VOC concentration is so low so that § 716. 16 (a) or (b) is not achievable, reduce the control device outlet concentration to no greater than twenty parts per million by volume (20 ppmv) as hexane on a dry basis, whic hever is less stringent.

716. 17 Adding diluent air to the exhaust gas stream for the purpose of complying with §

716. 16 (a) or (c) shall be prohibited.

716. 18 To avoid the applicability of the limits in §716. 16 (b), the Department may grant a

person a fede rally enforceable limitation on the theoretical potential to emit for any heatset web offset lithography or heatset web letterpress printing operation if the following conditions are met:

(a) The Department shall assume that twenty percent (20%) of the VO C in the inks and coatings remains in the paper web, and the volume of inks and coatings used in any heatset web offset lithography or heatset web letterpress printing operation contains less than thirty

- one and one quarter

tons per year (31.25 tpy) VOC (p etroleum ink oil);

(b) The person applies for the enforceable limitation on the theoretical potential to emit with a permit application; and

(c) The Department shall review and approve each proposal in a permit and submit the permit to the EPA for appro val as a revision to the SIP.

716. 19 Subs ection 716. 16 does not apply to:

(a) Heatset offset lithographic and letterpress presses used for book printing;

(b) Heatset offset lithographic and letterpress presses with maximum web

width of twenty

- two inches ( 22 in

. ) or less; or18 (c) Sheet

- fed or coldset web inks, sheet

- fed or coldset web varnishes, waterborne coatings

, or radiation (ultra

- violet light or electronic beam) cured materials used on offset lithographic or letterpress presses.

716. 20 Any person to which § 716. 16 applies shall install, calibrate, maintain

, and

operate a temperature monitoring device, according to the manufacturer's instructions, at the outlet of the control device, where:

(a) The monitoring temperature shall be set during the testing required to demonstrate compliance with the applicable emission standard;

(b) Monitoring shall be performed only when the unit is operational;

(c) The temperature monitoring device shall be equipped with a continuous

recorder , with recordings taken at a minimum of every fifteen (15) minutes, and shall have an accuracy of five tenths of a degree Fahrenheit (0.5° F ) or negative seventeen and one half degrees Celsius (

- 17.5o C );

(d) The dryer pressure shall be maintained lower than the press room air pressure such that air flo ws into the dryer at all times when the printing unit is operating; and

(e) One hundred percent (100%) emissions capture efficiency for the dryer

shall be demonstrated using an air flow direction measuring device

, pursuant to a periodic monitoring strateg y approved by the Department

.

716. 21 Each person who owns, operates

, or leases an offset lithography or letterpress

printing operation shall assure that all containers holding VOC

- containing materials shall be open only when necessary and openings shall be restricted to

the extent feasible.

716. 22 No person who owns, operates

, or leases an offset lithography or letterpress

printing operation shall allow the leaking of any VOC or VOC

- containing material from any printing unit or associated equipment.

7 16. 23 No person who owns, operates

, or leases an offset lithography or letterpress

printing operation shall allow the storage or disposal of any VOC or VOC

containing material, including waste material, in a manner that will cause or allow its evaporation into the atmosphere.

716. 24 To the greatest extent feasible, persons operating an offset lithography or

letterpress printing units and associated equipment shall minimize their use of

VOC

- containing materials by restricting wasteful usage and by replaci ng materials with emulsions or other materials.

716. 25 A ny person who owns, operates, or leases any press:19 (a) Subject to § 716.1(b) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control

r equirement as follows:

(1) The records shall provide sufficient data and calculations to

demonstrate clearly that the emission limitations or control requirements are met;

(2) Data or information required to determine compliance with an applicable limita tion shall be recorded and maintained in a time frame consistent with the averaging period of the standard; and

(3) The records shall be retained at least three (3) years from when they were originated and shall be made available to the Department

on requ est ; or

(b) Subject to § 716.1(c) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applicability

threshold , or that material use is beneath a threshold that meets the compliance requirements

.

717 N ATIONAL EMISSION STANDARDS FOR HAZARDOUS POLLUTANTS

FOR SOURCE CATEGORIES is repealed

. and replaced with:

717 SOIL AND GROUNDWATER REMEDIATION

717.1 Any soil and groundwater remediation system is prohibited unless it operates in

compliance with the requ irements of this section.

717.2 For proposed soil and groundwater remediation systems or for any person who

operates such a system, if total emissions are:

(a) Less than one pound (1 lb. ) per day before application of any controls, no permit shall be requir ed under 20 DCMR c hapter 2; or

(b) Greater than one pound (1 lb. ) per day before application of any controls, remediation activities shall comply with any applicable requirements specified in c hapter 2 and emissions shall be controlled by at least ninety

five percent (95%).

717.3 If the Department determines that additional controls are necessary to protect public

health or the environment, then such additional controls shall be specified in a

c hapter 2 permit.

***20

719 CONSUMER PRODUCTS

– GENERAL REQUI REMENTS is amended to

read as follows:

719.1 Sections 7 19 through 737 apply to any person who sells, supplies, offers for sale,

or manufactures consumer products on or after the effective date specified in §

720 for use in the District of Columbia.

719. 2 For purposes of §§ 719 through 737 and of any definitions in §799 applicable to

§§ 719 through 737, the District incorporates by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management Distr ict (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited.

719.3 Each part of §§ 719 through 737 shall be deemed severable, and if any part is held

to be invalid, the remainder shall continue in full force.

720 CONSUMER PRODUCTS

– VOC STANDARDS is amended to read as

follows:

720.1 Except as provided in §§ 721, 735, 736 and 737, no person shall sell, supply, offer

for sale, or manufacture for sale in the District of Columbia any consumer product, manufactured on or after the effective date in the following Table of Standards, which contains VOCs in excess of the limits specified in the following

Table of Standards:

Table of Standards

. Percent volatile organic compounds by weight:

P roduct Category Effective d ate
1/1/2005 Effective date

1/1/2012

Adhesive Removers: Floor and wall Covering 5 Gasket or thread locking 50 General purpose 20 Specialty 70

Adhesives: Aerosol mist spray 65 Aerosol web spray 55 Special Purpose Spray Adhesives: Mounting, automotive engine compartment, and flexible vinyl 70

Polystyrene foam and automotive

Headliner 65

Polylolefin and laminate repair /

E dgebanding 60

Construction, panel, and floor 1521 P roduct Category Effective d ate
1/1/2005 Effective date

1/1/2012

Contact 80 NA Contact General Purpose 55 Contact Special Purpose 80 General purpose 10 Structural waterproof 15

Air Fresheners: Single

- phase aeros ols 30

Double

- phase aerosols 25 Liquids / pump sprays 18

Solids / semisolids 3 Antiperspirants:

Aerosol 40 HVOC

Aerosol 10 MVOC

Non

- aerosol 0 HVOC

Non

- aerosol 0 MVOC

Anti

- Static Product, non

- aerosol 11

Automotive Brake Cleaners 45 Automotive Rubbing or Polishing Compound 17
Automotive Wax, Polish, Sealant or Glaze Hard paste waxes 45

Instant detailers 3

All other forms 15

Automotive Windshield Washer Fluids 35

Bathroom and Tile Cleaners:

Aerosols 7

All other forms 5 Bug and Tar Remover 40

Carburetor or Fuel

- Injection Air Intake Cleaners 45 Carpet and Upholstery Cleaners:

Aerosols 7

Non

- aerosols (dilutables) 0.1

Non

- aerosols (ready

- to

- use) 3.0 Charcoal Lighter Material see §730 Cooking Spray:

Aerosols 18

Deodorants:

Aerosol 0 HVOC

Aerosol 10 MVOC

Non

- aerosol 0 HVOC

Non

- aerosol 0 MVOC Dusting Aids:

Aerosols 25

All other forms 722 P roduct Category Effective d ate
1/1/2005 Effective date

1/1/2012

Electrical Cleaner 45

Electronic Cleaner 75 Engine Degreasers:

Aerosol 35

Non

- aerosol 5

Fabric Protectants 60

Fabric Refresher:

Aerosol 15

Non

- aerosol 6

Floor Polishes / Waxes:

Products for flexible flooring materials 7

Products for non

- resilient flooring 10

Wood floor wax 90 Floor Wax Strippers:

Non

- Aerosol see §731

Footwear or Leather Care Products:

Aerosol 75

Solid 55

Other forms 15

Furniture Maintenance Products:

Aerosols 17 All other forms except solid or paste 7 General Purpose Cleaners:

Aerosols 10

Non

- aerosols 4 General Purpose Degreasers:

Aerosols 50

Non

- aerosols 4

Glass Cleaners:

Aerosols 12

Non

- aerosols 4

Graffiti Remover:

Aerosols 50

Non

- aerosols 30

Hair Mousses 6

Hair Shines 55 Hairsprays 55 Hair Styling Gels 6 Hair Styling Products: Aerosol and pump sprays 6

All other forms 2 Heavy

- Duty Hand Cleaners or Soaps 823 P roduct Category Effective d ate
1/1/2005 Effective date

1/1/2012

Insecticides: Crawling bug (aerosol) 15 Crawling bug (all other forms) 20

Flea and tick 25 Flying bug (aerosol) 25 Flying bug (all other forms) 35 Foggers 45

Lawn and garden (all other forms) 20 Lawn and garden (non

- aerosol) 3 Wasp and hornet 40 Laundry Prewashes:

Aerosols / solids 22

All other forms 5 Laundry Starch Products 5

Metal Polishes / Cleansers 30

Multi

- Purpose Lubrican ts (excluding solid or semi

solid products) 50

Nail Polish Removers 75

Non

- Selective Terrestrial Herbicides:

Non

- aerosols 3

Oven Cleaners: Aerosols / pump sprays 8 Liquids 5 Paint Remover or Strippers 50

Penetrants 50

Ru bber and Vinyl Protectants:

Non

- aerosols 3

Aerosols 10 Sealants and Caulking Compounds 4 Shaving Creams 5 Shaving Gel 7

Silicone

- Based Multi

- Purpose Lubricants (excluding solid or semi

- solid products) 60

Spot Removers:

Aerosols 25

Non

- aerosols 8

Tire Sealants and Inflators 20

Toilet/Urinal Care:

Aerosols 10

Non

- aerosol 3 Undercoatings:

Aerosols 40

Wood Cleaner:24 P roduct Category Effective d ate
1/1/2005 Effective date

1/1/2012

Aerosol 17

Non

- Aerosol 4

Note: NA = Not applicable after January 1, 2012

720.2 Notwithstanding the provision s of § § 720.1, 727 , 728, and 729, a consumer

product manufactured prior to each of the effective dates specified for that product in the Table of Standards in §720.1 may be sold, supplied, or offer ed for sale after each of the specified effective dates

.

720.3 Subs ection 720.2 does not apply t o a ny consumer product that does not display on

the product container or package the date on which the product was manufactured, or a code indicating such dat e, in accordance with § 732.1 through

732.6

.

721 CONSUMER PRODUCTS

– EXEMPTIONS FROM VOC STANDARDS is

amended to read as follows:

721.1 The following are exempt from the Table of Standards in § 720 .1 :

(a) Any consumer product manufactured in the Distr ict of Columbia for shipment and use outside of the District of Columbia;

(b) A consumer product that does not comply with the VOC standards specified in § 720, provided that the manufacturer or distributor who sells, supplies, or offers the product for sale in the District of Columbia meets the requirements of this section and demonstrates that:

(1) The consumer product is intended for shipment and use outside of the District of Columbia; and

(2) The manufacturer or distributor has taken reasonable precautions to ensure that the consumer product is not distributed in the District of Columbia;

(c) Ethanol with a medium volatility organic compound (MVOC) content, when used in antiperspirants or deodorants;

(d) Fragrances up to a combined level o f two percent (2%) by weight contained in any consumer product and colorants up to a combined level of two percent (2%) by weight contained in any antiperspirant or deodorant;

(e) Antiperspirants or deodorants that contain VOCs of more than ten (10)

carb on atoms per molecule and for which the vapor pressure is unknown,25 or that have a vapor pressure of two millimeters of mercury (2 mm

. Hg) or less at twenty degrees Celsius (20 o C ) or sixty

- eight degrees Fahrenheit ( 68° F );

(f) Any low

- vapor

- pressure VOC ( LVP

- VOC) as defined in § 799;

(g) Air fresheners that are comprised entirely of fragrance, less compounds not defined as VOCs under § 799, or exempted under § 721.1(f) above;

(h) Insecticides containing at least ninety

- eight percent (98%) para

dichlorob enzene;

(i) Until January 1, 2012 , solid air fresheners containing at least ninety

- eight percent (98%) para

- dichlorobenzene;

(j) Adhesives sold in containers of one (1) fluid ounce or less;

(k) Bait station insecticides which, for the purpose of thi s section, are containers enclosing an insecticidal bait that is not more than one fifth of

an ounce ( 0.5 oz

. ) by weight, where the bait is designed to be ingested by insects and is composed of solid material feeding stimulants with less than five percen t (5%) active ingredients;

(l) Any consumer product where the manufacturer has been granted an Alternative Control Plan (ACP) Agreement by CARB under the provisions in Subchapter 8.5, Article 4, §§ 94540

- 94555, of Title 17 of the California Code of Regula tions. This exemption shall be for the period of time that the CARB ACP Agreement remains in effect provided that all

ACP Products used for emissions credits within the CARB ACP Agreement are listed in the Table of Standards in § 720 .1 and the

manufacturer complies with § 735, Alternative Control Plans;

(m) Any consumer product where the manufacturer has been granted an innovative product exemption by CARB under the Innovative Products provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.5,

Ar ticle 1, § 94503.5 of Title 17 of the California Code of Regulations. This exemption shall be for the period of time that the CARB Innovative Products exemption remains in effect provided that all consumer products within the CARB Innovative Products exemp tion are listed in the Table of Standards in § 720 .1 and the manufacturer complies with § 736, Innovative Products Exemption; and

(n) Any consumer product where the manufacturer has been granted an alternative control plan agreement, an innovative product exemption

, or a variance by the Department pursuant to §§ 735 through 737.26

722 CONSUMER PRODUCTS

– REGISTERED UNDER FIFRA is amended to

read as follows:

722.1 For consumer products registered under the Federal Insecticide, Fungicide, and

Rodenticide Act , (FIFRA; 7 U.S.C. § 136

- 136y), the effective date of the VOC

standards is one (1) year after the date specified in § 720.

723 CONSUMER PRODUCTS

– PRODUCTS REQUIRING DILUTION is

amended to read as follows:

723.1 Consumer products wherein the label, pack aging, or accompanying literature

specifically states that the product should be diluted with water or non

- VOC solvent before use shall comply with the following:

(a) Limits specified in the Table of Standards in § 720 .1 shall apply to the product only af

ter the minimum recommended dilution has taken place;

and

(b) Minimum recommended dilution shall not include recommendations for incidental use of a concentrated product to deal with limited special applications such as hard

- to

- remove soils or stains.

7 23.2 Consumer products wherein the label, packaging, or accompanying literature

states that the product should be diluted with any VOC solvent prior to use, shall comply with the limits specified in the Table of Standards in § 720 .1 , only after

the maximum recommended dilution has taken place.

724 CONSUMER PRODUCTS

– OZONE DEPLETING COMPOUNDS is

amended to read as follows:

724.1 For any consumer product for which standards are specified under the Table of

Standards in § 720 .1 , no person shall sell, supply , offer for sale, or manufacture for sale in the District of Columbia any consumer product

, which may contain any of the following ozone depleting compounds:

(a) CFC

- 11 (trichlorofluoromethane);

(b) CFC

- 12 (dichlorodifluoromethane);

(c) CFC

- 113 (1,1,1

- trichloro

- 2,2,2

- trifluoroethane);

(d) CFC

- 114 (1

- chloro

- 1,1

- difluoro

- 2

- chloro

- 2,2

- difluoroethane);

(e) CFC

- 115 (chloropentafluoroethane);

(f) Halon 1211 (bromochlorodifluoromethane);27 (g) Halon 1301 (bromotrifluoro methane);

(h) Halon 2402 (dibromotetrafluoroethane);

(i) HCFC

- 22 (chlorodifluoromethane);

(j) HCFC

- 123 (2,2

- dichloro

- 1,1,1

- trifluoroethane);

(k) HCFC

- 124 (2

- chloro

- 1,1,1,2

- tetrafluoroethane);

(l) HCFC

- 141b (1,1

- dichloro

- 1

- fl uoroethane);

(m) HCFC

- 142b (1

- chloro

- 1, 1

- difluoroethane); and

(n) 1,1,1

- trichloroethane, and carbon tetrachloride.

724.2 The requirements of this section shall not apply to any existing product

formulation that complies with the Table of Sta ndards in § 720 .1 or any existing product formulation that is reformulated to meet the Table of Standards in §

720 .1 , provided the ozone depleting compound content of the reformulated product does not increase.

724.3 The requirements of this section shal l not apply to any ozone depleting

compounds that may be present as impurities in a consumer product in an amount equal to or less than one one

- hundredth of a percent (0.01%) by weight of the product.

725 CONSUMER PRODUCTS

– AEROSOL ADHESIVES is amended to read as

follows:

725.1 The standards for aerosol adhesives specified in the Table of Standards in § 720 .1

apply to all uses of aerosol adhesives, including consumer, industrial, and

commercial uses.

725.2 Except as otherwise provided in §§ 721, 736 , and 737, no person shall sell,

supply, offer for sale, use

, or manufacture for sale in the District of Columbia any aerosol adhesive which, at the time of sale, use, or manufacture, contains VOCs in excess of the standards specified in the Table of Stand ards in § 720 .1

.

725.3 In order to qualify as a “Special Purpose Spray Adhesive,” the product shall meet

one or more definitions for “Special Purpose Spray Adhesive” specified in § 799, but if the product label indicates that the product is suitable for use on any substrate or application not listed in one of the definitions for “Special Purpose Spray Adhesive,” then the product shall be classified as either a “Web Spray Adhesive” or a “Mist Spray Adhesive.”28

725.4 If a product meets more than one of t he definitions specified in § 799 for special

purpose spray adhesive, and is not classified as a web spray adhesive or mist spray adhesive under § 799, then the VOC limit should be the lowest applicable VOC limit specified in the Table of Standards in § 72 0 .1

.

725.5 No person shall sell, supply, offer for sale, or manufacture for use in District of

Columbia any aerosol adhesives that contain methylene chloride, perchloroethylene, or trichloroethylene.

725.6 All aerosol adhesives shall comply with the la beling requirements specified in §

732.

726 CONSUMER PRODUCTS

– ANTIPERSPIRANTS OR DEODORANTS is

amended to read as follows:

726.1 No person shall sell, supply, offer for sale, or manufacture for sale in the District

of Columbia any antiperspirant or de odorant which contains any compound that has been identified by CARB in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 7, § 93000, as a toxic air contaminant.

727 CONSUMER PRODUCTS

– CHARCOAL LIGHTER MATERIALS is

repealed and replaced with:

727 CONSUMER PRODUCTS

– CONTACT ADHESIVES, ELECTRONIC

CLEANERS, FOOTWEAR AND LEATHER CARE PRODUCTS, AND

GENERAL PURPOSE DEGREASERS

727.1 Except as provided in sections § 727.2 and 727.4, effective January 1, 2012

, no

person shall sell, supply, offer for sale, or manufacture for use in the District of Columbia any contact adhesive, electronic cleaner, footwear or leather care product, or general purpose degreaser that contains methylene chloride, perchloroethylene, or trichloroethylene.

727.2 Contact adhesives, electronic cleaners, footwear or leather care products, or

general purpose degreasers that contain methylene chloride, perchloroethylene, or trichloroethylene and were manufactured before January 1, 2012 , may be sold, supplied, o r offered for sale until May 1, 2012, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with § 732.

727.3 Any person who sells or supplies a consumer produc t identified above in § 727.1

shall notify the purchaser of the product, in writing, that the sell

- through period for that product will end on May 1 , 2012, provided, however, that this notification must be given only if both of the following conditions are met:29 (a) The product is sold or supplied through a distributor or retailer; and

(b) The product is sold or supplied on or after January 1, 2012

.

727.4 The requirements of § 727.1 and 721.3 shall not apply to any contact adhesives,

electronic cleaner, footw ear or leather care product, or general purpose degreaser containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than one one

hundredth of a percent (0.01%) by weight.

7 28 CONSUMER PRODUCTS

– FLOOR WAX STRIPPERS is repealed and

replaced with:

728 CONSUMER PRODUCTS

– ADHESIVE REMOVERS, ELECTRICAL

CLEANERS, AND GRAFFITI REMOVERS

728.1 Except as provided in § 728.2 and 728.4, effective January 1, 2012 , no person

shall se ll, supply, offer for sale, or manufacture for use in the District of Columbia any adhesive remover, electrical cleaner, or graffiti remover that contains methylene chloride, perchloroethylene, or trichloroethylene.

728.2 Adhesive removers, electrical c leaners, and graffiti removers that contain

methylene chloride, perchloroethylene, or trichloroethylene and were

manufactured before January 1, 2012 , may be sold, supplied, or offered for sale

until May 1 , 2012, so long as the product container or package displays the date on which the product was manufactured, or a code indicating such date, in accordance with § 732.

728.3 Any person who sells or supplies a consumer product identified above in § 728.1

must notify the purchaser of the product, in writing , that the sell

- through period for that product will end on May 1 , 2012, provided however, that this notification must be given only if both of the following conditions are met:

(a) The product is sold or supplied through a distributor or retailer; and

(b) The product is sold or supplied on or after January 1, 2012

.

728.4 The requirements of § 728.1 and 728.3 shall not apply to any adhesive remover,

electrical cleaner, or graffiti remover containing methylene chloride, perchloroethylene, or trichloroethylene that is present as an impurity in a combined amount equal to or less than one one

- hundredth of a percent (0.01%) by weight.

729 CONSUMER PRODUCTS

– LABELING OF CONTENTS is repealed and

replaced with:30

729 CONSUMER PRODUCTS

– SOLID AIR FRESHENERS AND TOIL ET /

URINAL CARE PRODUCTS

729.1 Effective January 1, 2012 , no person shall sell, supply, offer for sale, or

manufacture for use in the District of Columbia any solid air fresheners or toilet/urinal care products that contain para

- dichlorobenzene

.

729.2 Solid air fresheners or toilet and urinal care products that contain para

dichlorobenzene and were manufactured before January 1, 2012 , may be sold, supplied, or offered for sale until May 1 , 2012 , so long as the produc t container or package displays t he date on which the product was manufactured, or a code indicating such date

, in accordance with § 732.1 through 732.6.

729.3 A ny person who sells or supplies any solid air freshener or toilet and urinal care

product that contains para

- dichlorobenzene shal l notify the purchaser of the product

, in writing

, that the sell

- through period for the product will end on May 1

, 2012, provided, however, that this notification must be given only if both of the following conditions are met:

(a) The product is sold or supplied to a distributor or retailer; and

(b) The product is sold or supplied on or after January 1, 2012

.

730 CONSUMER PRODUCTS

– REPORTING REQUIREMENTS is repealed

and replaced with:

730 CONSUMER PRODUCTS

– CHARCOAL LIGHTER MATERIALS

730.1 No per son shall sell, supply, or offer for sale any charcoal lighter material product

unless at the time of the transaction:

(a) The manufacturer can demonstrate that it has been issued a currently effective certification by CARB under the Consumer Products pro visions under Subchapter 8.5, Article 2, § 94509(h), of Title 17 of the California Code of Regulations;

(1) This certification remains in effect for the District of Columbia for as long as the CARB certification remains in effect; and

(2) Any manufacture r claiming such a certification on this basis must submit to the Department a copy of the certification decision ( such

as , the executive order), including all conditions established by CARB applicable to the certification;

(b) The manufacturer or distri butor has been issued a currently effective certification by the Department pursuant to this section;31 (c) The charcoal lighter material meets the formulation criteria and other conditions specified in an applicable Alternative Control Plan (ACP) Agreemen t issued pursuant to this section; and

(d) The product usage directions for the charcoal lighter material are the same as those provided to the Department pursuant to this section.

730.2 No charcoal lighter material formulation shall be certified under t his section

unless the applicant for certification demonstrates to the Department’s satisfaction that the VOC emissions from the ignition of charcoal with the charcoal lighter material are less than or equal to two one hundredths of a pound (0.02 lb

. ) of

V OC per start, using the procedures specified in the South Coast Air Quality Management District Rule 1174, Ignition Method Compliance Certification Protocol, dated February 27, 1991 (the South Coast Air Quality Management District Rule 1174 Testing Protoco l).

730.3 The Department may approve alternative test procedures that are shown to

provide equivalent results to those obtained using the South Coast Air Quality Management District Rule 1174 Test Protocol.

730.4 The provisions relating to LVP

- VOC in § 799 and § 721.1(f) shall not apply to

any charcoal lighter material subject to the requirements of this section.

730.5 For certification of a charcoal lighter material formulation, the application shall be

in writing and shall include, at a minimum, th e following:

(a) The results of testing conducted pursuant to the procedures specified in South Coast Air Quality Management District Rule 1174 Testing Protocol as required in § 730.2;

(b) The exact text or graphics that will appear on the charcoal ligh ter material's principal display panel, label, and any accompanying literature;

(c) Clearly displayed product usage instructions that accurately reflect the quantity of charcoal lighter material per pound that was used in the South Coast Air Quality Manag ement District Rule 1174 Testing Protocol for that product, unless:

(1) The charcoal lighter material is intended to be used in fixed amounts independent of the amount of charcoal used, such as certain paraffin cubes; or

(2) The charcoal lighter materia l is already incorporated into the charcoal, including but not limited to certain bag light, instant light, or match light products;32 (d) For a charcoal lighter material which meets the criteria specified in § 730.5(c)(1), the usage instructions provided to the Department shall accurately reflect the quantity of charcoal lighter material used in the South Coast Air Quality Management District Rule 1174 Testing Protocol for that product; and

(e) Any physical property data, formulation data, or other inform ation required by the Department for use in determining when a product modification has occurred and for use in determining compliance with the conditions specified in an Alternative Control Plan (ACP) Agreement issued pursuant to § 735.

730.6 The Depart ment shall comply with the following requirements for approving an

application for certification:

(a) Within thirty (30) days of receipt of an application, the Department shall advise the applicant in writing either that the application is complete or

th at specified additional information is required to make it complete;

(b) Within thirty (30) days of receipt of additional information, the Department shall advise the applicant in writing either that the application is complete, or that specified addition al information or testing is required before it can be deemed complete; and

(c) If the Department finds that an application meets the requirements of this section, then the Department shall issue an ACP Agreement certifying the charcoal lighter material f ormulation and specifying such conditions as are necessary to ensure that the requirements of this section are met. The Department shall act on a complete application within ninety (90) days after the application is deemed complete.

730.7 For any charcoal lighter material for which certification has been granted by the

Department pursuant to this section, the applicant for certification shall notify the Department in writing within thirty (30) days of:

(a) Any change in the usage directions; or

(b) Any c hange in product formulation, test results, or any other information submitted pursuant to this section

, which may result in VOC emissions greater than two one hundredths of a pound (0.02 lb

. ) of VOC per start.

730.8 If the Department determines that any certified charcoal lighter material

formulation results in a VOC emission from the ignition of charcoal that is greater than two one hundredths of a pound (0.02 lb

. ) of VOC per start, as determined by the South Coast Air Quality Management District Rule 1 174 Testing Protocol,33 and the statistical analysis procedures contained therein, the Department shall revoke or modify the certification as necessary to ensure that the charcoal lighter material will result in VOC emissions of less than or equal to two one hundredths of a pound ( 0.02 lb

. ) of VOC per start.

730.9 The Department shall not revoke or modify a certification issued pursuant to this

section without first affording the person granted the certification an opportunity for a hearing in accordance wi th the District of Columbia Administrative Procedures Act, D.C. Official Code § § 2

- 501

, et seq (2006 Repl.) , to determine if

the certification should be modified or revoked.

731 CONSUMER PRODUCTS

- TEST METHODS is repealed and replaced

with:

731 CONSUME R PRODUCTS

– FLOOR WAX STRIPPERS

731.1 No person shall sell, supply, offer for sale, or manufacture for use in District of

Columbia any floor wax stripper unless the following requirements are met:

(a) The label of each non

- aerosol floor wax stripper sp ecifies a dilution ratio for light or medium build

- up of polish that results in an as

- used VOC concentration of three percent (3%) by weight or less;

(b) The label of each non

- aerosol floor wax stripper specifies a dilution ratio for heavy build

- up of po lish that results in an as

- used VOC concentration of twelve percent (12%) by weight or less, if the floor wax stripper is also intended to be used for removal of heavy build

- up of polish; and

(c) The terms “light build

- up”, “medium build

- up” or “heavy bu ild

- up” are not specifically required on the label, as long as comparable terminology

is used.

732 CONSUMER PRODUCTS

- ALTERNATIVE CONTROL PLANS is

repealed and replaced with:

732 CONSUMER PRODUCTS

– LABELING OF CONTENTS

732.1 Each manufacturer of a c onsumer product subject to §§ 719 through 737 shall

clearly display on each consumer product container or package, the day, month, and year on which the product was manufactured, or a code indicating such date.

732.2 A manufacturer who uses the following code to indicate the date of manufacture

shall not be subject to the requirements of § 732.1, if the code is represented separately from other codes on the product container so that it is easily recognizable:34 YY DDD = year year day day day

where:

“YY” = two digits representing the year in which the product was

manufactured; and

“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 d ay of the year, and so forth ( such as, the “Julian date”).

732.3 The date or date

- code information shall be displayed on each consumer product

container or package no later than twelve (12) months before the effective date of the applicable standard speci fied in the Table of Standards in § 720 .1

.

732.4 The date or date

- code information shall be located on the container or inside the

cover/cap so that it is readily observable or obtainable by simply removing the cap/cover without irreversibly disassemblin g any part of the container or packaging.

732.5 For the purposes of this section, information may be displayed on the bottom of

the container as long as it is clearly legible without removing any product packaging.

732.6 The requirements of § 732.1 th rough 732.5 shall not apply to products containing

VOCs at one tenth of a percent (0.1%) by weight or less, or products exempted from the definition of VOCs in §799.

732.7 If a manufacturer uses a code to indicate the date of manufacture for any

consumer product subject to § 720, and has not previously filed with the Department a date code explanation for that product, the manufacturer shall provide an explanation of the date portion of the code to the Department no later than the effective date of the app licable standard specified in the Table of Standards in § 720 .1

.

732.8 If a manufacturer changes any code indicating the date of manufacture for any

consumer product subject to § 732.7, an explanation of the modified code must be submitted to the Departm ent before any products displaying the modified code are sold, supplied, or offered for sale in the District of Columbia.

732.9 No person shall erase, alter, deface, or otherwise remove or make illegible any

date or code indicating the date of manufactur e from any regulated product container without the express authorization of the manufacturer.35

732.10 Date code explanations for codes indicating the date of manufacture are public

information and may not be claimed as confidential.

732.11 Notwithstandin g the definition of the term “product category” in § 799, if

anywhere on the principal display panel of any consumer product manufactured

before January 1, 2012 , or any FIFRA registered insecticide manufactured before January 1, 2013 , any representation is made that the product may be used as, or is suitable for use as a consumer product for which a lower VOC limit is specified in the Table of Standards in § 720 .1 , then the lowest VOC limit shall apply. This requirement does not apply to general purpose cle aners, antiperspirant or deodorant products

, and insecticide foggers.

732.12 Notwithstanding the definition of “product category” in § 799, if anywhere on the

container or packaging of any consumer product manufactured on or after January 1, 2012 , or any FIFRA registered insecticide manufactured on or after January 1,

2013 , or any sticker or label affixed thereto, any representation is made that the product may be used, or is suitable for use as a consumer product for which a lower VOC content limit is sp ecified in the Table of Standards in § 720 .1 , then the lowest VOC limit shall apply. This requirement does not apply to general all purpose cleaners, antiperspirant or deodorant

, and insecticide foggers.

732.13 Both the manufacturer and responsible party for each aerosol adhesive, adhesive

remover, electronic cleaner, electrical cleaner, energized electrical cleaner, and contact adhesive product subject to §§ 719 through 737 shall comply with § 732.1 through 732.12 and §733 and ensure that all consumer pro ducts clearly display the following information on the container for each product which is manufactured on or after the effective date for the category specified in the Table of Standards in § 720 .1 :

(a) The product category as specified in § 720 or an abbreviation of the

category;

(b) The VOC standard for the product as specified in the Table of Standards in § 720 .1 , except for energized electrical cleaner, expressed as a percentage of weight, unless the product is included in an alternative

contro l plan approved by the Department, as provided in § 732.12, and the product exceeds the applicable VOC standard:

(1) If the product is included in an approved Alternative Control Plan (ACP) pursuant to § 735, the product shall be labeled with the ter m “ACP” or “ACP product”; or

(2) If the product is classified as a special purpose spray adhesive, the substrate and/or application or an abbreviation of the substrate/application that qualifies the product as special purpose shall be displayed;36 (c) An explanation of the abbreviation used pursuant to § 732.1 3(a) must be

filed with the Department before the abbreviation is used;

(d) The information required in this section shall be displayed on the product container such that it is readily observab le without removing or disassembling any portion of the product container or packaging. 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; and

(e) No person shall remove, alter, conceal, or deface the information required in this section before final sale of the product.

733 CONSUMER PRODUCTS

- INNOVATIVE PRODUCTS EXEMPTION is

repealed and replaced with:

733 CONSUMER PRODUCTS

– REPORTING R EQUIREMENTS

733.1 Upon ninety (90) days written notice, the Department may require any responsible

party to report information for any consumer product or products the Department may specify. Such report may include, but is not limited to, the following

i nformation:

(a) The company name, address, telephone number, and designated contact person of the responsible party;

(b) Any claim of confidentiality made pursuant to applicable District of Columbia confidentiality requirements in 20 DCMR § 106;

(c) The product brand name for each consumer product subject to reporting;

(d) The product category to which the consumer product belongs pursuant to the Table of Standards in § 720 .1 ;

(e) The applicable product form(s) listed separately;

(f) An ident ification of each product brand name and form as a “Household Product”, “Industrial and Institutional Product”, or both;

(g) Separate District of Columbia sales calculated in VOC pounds per year, to the nearest pound, and the method used to calculate Dist rict of Columbia sales for each product form;37 (h) For information submitted by multiple companies, an identification of each company which is submitting relevant data separate from that submitted by the responsible party;

(i) For each product brand name and form, the net percent by weight of the total product, less container and packaging, comprised of the following,

rounded to the nearest one tenth of a percent (0.1%):

(1) Total Table B compounds;

(2) Total LVP

- VOCs that are not fragrances;

(3 ) Total of all other carbon

- containing compounds that are not fragrances;

(4) Total of all non

- carbon

- containing compounds;

(5) Total fragrance;

(6) For products containing greater than two percent (2%) by weight fragrance the percent of fragrance that are LVP

- VOCs; and the percent of fragrance that are all other carbon

- containing compounds; and

(7) Total paradichlorobenzene;

(j) For each product brand name and form, the identity, including the specific

chemical name and associated Chemical Ab stracts Service (CAS) number, of the following:

(1) Each Table B compound; and

(2) Each LVP

- VOC that is not a fragrance;

(k) If applicable, the weight percent comprised of propellant for each product;

and

(l) If applicable, an identification of the type of propellant indicating whether it is Type A, Type B, Type C, or a blend of each type.

733.2 In addition to the requirements of § 733.1(j), the responsible party shall report or

arrange to have reported to the Department the net percent by weight o f each

ozone

- depleting compound that is:

(a) Listed in § 724.1; and38 (b) Contained in a product subject to reporting under § 733.1 in any amount greater than one tenth of a percent (0.1%) by weight.

733.3 If the responsible party does not have or does no t provide the information

requested in § 733.1 and 733.2, the Department may require the reporting of this information by the person that has the information including, but not limited to, any formulator, manufacturer, supplier, parent company, private lab eler, distributor, or repackager.

733.4 All information submitted by any person pursuant to § 733 shall be handled in

accordance with the District of Columbia confidentiality requirements in 20

DCMR § 106.

733.5 Consumer products that contain perchloro ethylene or methylene chloride shall

comply with the following special reporting requirements:

(a) The requirements of this section shall apply to all responsible parties for consumer products that are subject to the Table of Standards in § 720 .1

and contain perchloroethylene or methylene chloride and energized electrical cleansers as defined in § 799, that contain perchloroethylene or methylene chloride; and

(b) For the purposes of this subsection, a product contains perchloroethylene or methylene chloride if the product contains one percent (1.0%) or more by weight, exclusive of the container or packaging, of either perchloroethylene or methylene chloride

.

734 CONSUMER PRODUCTS

- VARIANCE REQUESTS is repealed and

replaced with:

734 CONSUMER PROD UCTS

– TEST METHODS

734.1 Testing to determine compliance with the requirements of §§ 720 through 737

shall be performed using CARB Method 310, Determination of Volatile Organic Compounds (VOCs) in Consumer Products, adopted September 25, 1997, and as

la st amended on May 5, 2005, including any subsequent amendments, incorporated herein by reference. The requirements of Sections 3.5, 3.6, and 3.7 of CARB Method 310 define a process for the initial determination of VOC content, the determination of LVP VOC status of compounds and mixtures, and the final determination of VOC content, and are incorporated in paragraphs (a) through (c) of this subsection as follows:

(a) Pursuant to Section 3.5 of CARB Method 310, Initial Determination of VOC Content, the De partment shall determine the VOC content pursuant to Sections 3.2 and 3.3 of CARB Method 310. Only those components39 with concentrations equal to or greater than one tenth of a percent (0.1%) by weight shall be reported:

(1) Pursuant to Section 3.5.1 of C ARB Method 310, using the appropriate formula specified in Section 4 of CARB Method 310, the Department shall make an initial determination of whether the product meets the applicable VOC standards specified in CARB regulations. If initial results show tha t the product does not meet the applicable VOC standards, the Department may require additional testing to confirm the initial results;

(2) Pursuant to Section 3.5.2 of CARB Method 310, if the results

obtained under Section 3.5.1 of CARB Method 310 show t hat the product does not meet the applicable VOC standards, the Department shall request that the product manufacturer or responsible party supply product formulation data:

(A) The manufacturer or responsible party shall supply the requested information; and

(B) Information submitted to the Department may be claimed

as confidential in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106;

(3) Pursuant to Section 3.5.3 of CARB Method 310, if the information supplied by t he manufacturer or responsible party shows that the product does not meet the applicable VOC standards, then the Department will take appropriate enforcement action; and

(4) Pursuant to Section 3.5.4 of CARB Method 310, if the manufacturer or responsible party fails to provide formulation data as specified in Section 3.5.2 of CARB Method 310, the initial

determination of VOC content under Section 3.5 of CARB Method 310 shall determine if the product is in compliance with the applicable VOC standards. This determination may be used to establish a violation of District of Columbia regulations;

(b) Pursuant to Section 3.6 of CARB Method 310, Determination of the LVP

VOC Status of Compounds and Mixtures, Section 3.6 of CARB Method 310 does not apply to antipe rspirants and deodorants or aerosol coating products because there is no LVP

- VOC exemption for these products;

(1) Pursuant to Section 3.6.1 of CARB Method 310, Formulation Data, if the vapor pressure is unknown, the following ASTM methods may be used to determine the LVP

- VOC status of compounds and mixtures: ASTM D 86

- 04b, ASTM D 850

- 00,40 ASTM D 1078

- 01, ASTM D 2879

- 97), as modified in Appendix B to Method 310, ASTM D 2887

- 01 and ASTM E 1719

- 97, including any subsequent amendments;

(2) Pursuant to Section 3.6.2 of CARB Method 310, LVP

- VOC Status of Compounds or Mixtures, the Department will test a sample of

the LVP

- VOC used in the product formulation to determine the boiling point for a compound or for a mixture;

(A) If the boiling point exceeds two hundr ed sixteen degrees Celsius (216 o C ) or four hundred twenty

- one degrees Fahrenheit ( 421 o F ), the compound or mixture is an LVP

VOC;

(B) If the boiling point is less than two hundred sixteen degrees Celsius (216 o C ) or four hundred twenty

- one degrees

Fahren heit ( 421 o F ), then the weight percent of the mixture

that boils above two hundred sixteen degrees Celsius ( 216 o

C ) or four hundred twenty

- one degrees Fahrenheit ( 421 o F)

is an LVP

- VOC; and

(C) The Department will use the nearest five percent (5%)

distill ation cut that is greater than two hundred sixteen degrees Celsius ( 216 o C ) or four hundred twenty

- one degrees Fahrenheit ( 421 o F) as determined under Section 3.6.1 of CARB Method 310 to determine the percentage of the mixture qualifying as an LVP

- VOC; and

(3) Pursuant to Section 3.6.3 of CARB Method 310, Reference

Method for Identification of LVP

- VOC Compounds and Mixtures, if a product does not qualify as an LVP

- VOC under Section 3.6.2 of CARB Method 310, the Department will test a sample of the compound or mixture used in a products formulation utilizing one or both of the following: ASTM D 2879

- 97, as modified in Appendix B to Method 310, and ASTM E 1719

- 97, to determine if the compound or mixture meets the CARB requirements in § 94508(91)(A) of Title 1 7 of the California Code of Regulations including any subsequent amendments; and

(c) Pursuant to Section 3.7 of CARB Method 310, Final Determination of VOC Content, if a product’s compliance status is not satisfactorily

resolved under Sections 3.5 and 3.6 of CARB Method 310, the Department will conduct further analyses and testing as necessary to verify the formulation data:41 (1) Pursuant to Section 3.7.1 of CARB Method 310, if the accuracy of the supplied formulation data is verified and the product s ample is determined to meet the applicable VOC standards, then no

enforcement action for a violation of the VOC standards will be taken;

(2) Pursuant to Section 3.7.2 of CARB Method 310, if the Department is unable to verify the accuracy of the suppli ed formulation data, then the Department will request that the product manufacturer or responsible party supply information to explain the discrepancy;

and

(3) Pursuant to Section 3.7.3 of CARB Method 310, if a discrepancy

exists that cannot be resolved between the results of CARB Method 310 and the supplied formulation data, then the results of CARB Method 310 shall take precedence over the supplied

formulation data. The results of CARB Method 310 shall then determine if the product is in compliance wit h the applicable VOC standards, and may be used to establish a violation of District of Columbia regulations.

734.2 Alternative methods that are shown to accurately determine the concentration of

VOCs in a subject product or its emissions may be used upon approval of the Department.

734.3 Testing to determine compliance with the requirements of §§ 734 through 737

may also be demonstrated through calculation of the VOC content from records of the amounts of constituents used to make the product pursuant to the following

criteria:

(a) Compliance determinations based on these records may not be used unless the manufacturer of a consumer product keeps accurate records for each day of production of the amount and chemical composition of the individual product con stituents. These records must be kept for at least three (3) years;

(b) For the purposes of this section, the VOC content shall be calculated according to the following equation:

VOC Content = B

- C x 100

A

where:

A = total net weight of unit, excluding container and packaging;

B = total weight of all VOCs, as defined in § 799, per unit;42 C = total weight of VOCs exempted under § 721, per unit;

(c) If product records appear to demonstrate compliance with the VOC limits, but these records are contradicted by product testing performed using CARB Method 310, the results of CARB Method 310 shall take precedence over the product records and may be used to establish a violation of District of Columbia regulations.

734. 4 Testing to determine whether a product is a liquid or solid shall be performed

using ASTM D4359

- 90(2000)e1, including any subsequent amendments, which are incorporated by reference herein.

734.5 Testing to determine compliance with the certification re quirements for charcoal

lighter material shall be performed using the procedures specified in the South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (February 28, 1991), including any subsequent

amendmen ts, which are incorporated by reference herein.

734.6 Testing to determine distillation points of petroleum distillate

- based charcoal

lighter materials shall be performed using ASTM D86

- 04b, including any subsequent amendments, which are incorporated by r eference herein.

734.7 No person shall create, alter, falsify, or otherwise modify records in such a way

that the records do not accurately reflect the constituents used to manufacture a product, the chemical composition of the individual product, and an y other tests, processes, or records used in connection with product manufacture.

735 PORTABLE FUEL CONTAINERS AND SPOUTS

– GENERAL

REQUIREMENTS is repealed and replaced with:

735 CONSUMER PRODUCTS

– ALTERNATIVE CONTROL PLANS

735.1 This section provide s an alternate method to comply with the Table of Standards

specified in § 720 .1

. This alternative is provided by allowing responsible parties the option of voluntarily entering into separate Alternative Control Plan (ACP) Agreements for consumer products, identified in §§ 719 through 737. Only responsible ACP parties for consumer products may enter into an ACP.

735.2 Any manufacturer of consumer products which has been granted an ACP

Agreement by CARB under the provisions in Subchapter 8.5, Article 4, §§ 94540

- 94555, of Title 17 of the California Code of Regulations, shall be exempt from the Table of Standards in § 720 .1 for the period of time that the CARB ACP Agreement remains in effect, provided that all ACP Products used for emissions

credits within t he CARB ACP Agreement are contained in the Table of Standards in § 720 .1 of this chapter. Any manufacturer claiming such an ACP Agreement43 must submit to the Department a copy of the CARB ACP decision including the

executive order and all conditions establi shed by CARB applicable to the exemption.

735.3 Manufacturers that have been granted an ACP Agreement under the ACP

provision in Subchapter 8.5, Article 4, §§ 94540

- 94555, of Title 17 of the California Code of Regulations based on California specific data , or that have not been granted an exemption by the CARB, may apply to the Department for an ACP Agreement in accordance with §§ 735.4 to 735.23.

735.4 An application for an ACP shall be submitted in writing to the Department by the

responsible ACP part y and shall contain all of the following information:

(a) An identification of the contact persons, phone numbers, names

, and addresses of the responsible ACP party that is submitting the ACP application and will be implementing the ACP requirements speci fied in the ACP Agreement;

(b) A statement of whether the responsible ACP party is a small business or a

one

- product business, as defined in § 799;

(c) A listing of the exact product brand name, form, available variations including but not limited to f lavors, scents, colors, and sizes, and applicable product categories for each distinct product that is proposed for inclusion in the ACP;

(d) A demonstration to the satisfaction of the Department that the enforceable sales records used by the responsible ACP party to track product sales for each proposed ACP product identified in paragraph (c) of this subsection meet the minimum criteria of seventy

- five percent (75%) of the District of

Columbia gross s ales as specified in subparagraph (d)(5) of this

subse ction. To provide this demonstration, the responsible ACP party shall meet all of the following requirements:

(1) Provide the contact persons, phone numbers, names, street and

mail ing addresses of all persons and businesses who will provide

information that will be used to determine the enforceable sales;

(2) Determine the enforceable sales of each product using enforceable sales records as defined in § 799;

(3) Demonstrate to the satisfaction of the Department the validity of

the enforceable sales based on enforceable sales records provided by the contact persons or the responsible ACP party;44 (4) Calculate the percentage of the District of Columbia gross s ales, as defined in § 799, that is comprised of enforceable sales; and

(5) Determ ine which ACP products have enforceable sales that are

seventy

- five percent (75%) or more of the District of Columbia

gross s ales. Only ACP products meeting these criteria shall be allowed to be sold in the District of Columbia under an ACP;

(e) For each of the ACP products identified in subparagraph (d)(5) of this

subsection:

(1) Legible copies of the existing labels for each product; and

(2) The VOC content and LVP content for each product for the following time periods:

(A) At the time the a pplication for an ACP is submitted; and

(B) At any time within the four (4) years before the date of submittal of the application for an ACP, if either the VOC or LVP contents have varied by more than plus or minus ten percent (+/

- 10%) of the VOC o r LVP contents reported in § 735.4(e)(2)(A);

(f) A written commitment obligating the responsible ACP party to date code every unit of each ACP product approved for inclusion in the ACP. The commitment shall require the responsible ACP party to display the date

code on each ACP product container or package no later than five (5) working days after the date an approved ACP is signed by the Department;

(g) An operational plan covering all the products identified under subparagraph (d)(5) of this subsection for each compliance period that the

ACP will be in effect. The operational plan shall contain all of the following:

(1) An identification of the compliance periods and dates for the responsible ACP party to report the information required by the Departme nt in the ACP Agreement approving an ACP :

(A) The length of the compliance period shall be chosen by the responsible ACP party provided, however, that no compliance period shall be longer than three hundred sixty

five (365) days; and

(B) The responsibl e ACP party shall also choose the dates for reporting information such that all required VOC content45 and enforceable sales data for ACP products shall be reported to the Department at the same time and at the same frequency;

(2) An identification of spe cific enforceable sales records to be provided to the Department for enforcing the provisions of §§ 719 through 737 and the ACP Agreement approving an ACP. The enforceable sales records shall be provided to the Department no later than the compliance perio d dates specified in subparagraph (g)(1) of this subsection;

(3) For a small business or a one

- product business that will be relying to some extent on surplus trading to meet its ACP limits, a written commitment from the responsible ACP parties that the y will be transferring the surplus reductions to the small business or one

product business upon approval of the ACP;

(4) For each ACP product, all VOC content levels which will be applicable for the ACP product during each compliance period;

(5) The plan shall also identify the specific method(s) by which the VOC content will be determined and the statistical accuracy and precision, including repeatability and reproducibility, calculated for each specified method;

(6) The projected enforceable sales for each ACP product and the different VOC contents for each compliance period that the ACP will be in effect;

(7) A detailed demonstration showing the combination of specific ACP reformulations or surplus trading, if applicable, that is

sufficient to en sure that the ACP emissions will not exceed the ACP limit for each compliance period that the ACP will be in effect, the approximate date within each compliance period that such reformulations or surplus trading are expected to occur, and

the extent to whi ch the VOC contents of the ACP products will be reduced ( such as, by ACP reformulation);

(A) This demonstration shall use the equations specified in § 799 for projecting the ACP emissions and ACP limits during each compliance period; and

(B) This demonst ration shall also include all VOC content levels and projected enforceable sales for all ACP products to be sold in the District of Columbia during each compliance period;46 (8) A certification that all reductions in the VOC content of a product

will be re al, actual reductions that do not result from changing product names, mischaracterizing ACP product reformulations that have occurred in the past, or any other attempts to circumvent the provisions of §§ 719 through 737;

(9) Written explanations of the d ate

- codes that will be displayed on each ACP product container or packaging;

(10) A statement of the approximate dates by which the responsible ACP party plans to meet the applicable ACP VOC standards for each product in the ACP; and

(11) A plan for reco nciling shortfalls that commits the responsible ACP party to completely reconcile any shortfalls in all cases, even, to the extent permitted by law, if the responsible ACP party files for bankruptcy protection. The plan for reconciliation of shortfalls

sha ll contain:

(A) A clear and convincing demonstration of how shortfalls of up to five, ten, fifteen, twenty

- five, fifty, seventy

- five, and one hundred percent (5%, 10%, 15%, 25%, 50%, 75% and 100%) of the applicable ACP Limit will be completely

reconciled within ninety (90) days from the date the shortfall is determined;

(B) A listing of the specific records and other information that will be necessary to verify that the shortfalls were reconciled as specified in this paragraph; and

(C) A commitment to provide any record or information requested by the Department to verify that the shortfalls have been completely reconciled; and

(h) A declaration, signed by a legal representative for the responsible ACP party, stating that all information and operat ional plans submitted with the ACP application are true and correct.

735.5 In accordance with the time periods specified in § 735.7, the Department shall

issue an ACP Agreement approving an ACP application that meets the requirements of §§ 719 through 7 37. The Department shall specify such terms and conditions as are necessary to ensure that the emissions from the ACP products do not exceed the emissions that would have occurred if the ACP products subject to the ACP had met the VOC standards specified i n the Table of Standards in §

720 .1

. The ACP Agreement shall also include:47 (a) Only those ACP products for which the enforceable sales are at least

seventy

- five percent (75%) of the District of Columbia gross s ales, as determined in § 735.4(d);

(b) A re conciliation of shortfalls plan meeting the requirements of § 735.4(g)(11); and

(c) Operational terms, conditions, and data to be reported to the Department to ensure that all requirements of §§ 719 through 736 are met.

735.6 The Department shall n ot approve an ACP submitted by a responsible ACP party

if the Department determines, upon review of the responsible ACP party's compliance history with past or current ACPs or the requirements for consumer products in §§ 719 through 731, that the responsib le ACP party has a recurring pattern of violations and has consistently refused to take the necessary steps to

correct those violations.

735.7 Unless the Department and the responsible party mutually agree to a different

period of action, the Departmen t shall take appropriate action on an ACP application within the following time periods:

(a) Within thirty (30) days of receipt of an ACP application, the Department shall inform the applicant in writing that either:

(1) The application is complete and a ccepted for filing; or

(2) The application is deficient, and the Department shall identify the specific information required to make the application complete;

(b) Within thirty (30) days of receipt of additional information provided in

response to a determination that an ACP application is deficient, the Department shall inform the applicant in writing that either:

(1) The additional information is sufficient to make the application complete, and the application is accepted for filing; or

(2 ) The application is deficient, and the Department shall identify the specific information required to make the application complete;

(c) The Department shall act to approve or disapprove a complete application within ninety (90) days after the applica tion is deemed complete.

735.8 All information specified in the ACP Agreement shall be maintained by the

responsible ACP party for a minimum of three (3) years after such records are generated and shall meet the following requirements:48 (a) Such recor ds shall be clearly legible and maintained in good condition during this period; and

(b) The records specified in § 735.4 shall be made available to the Department:

(1) Immediately upon request, during an on

- site visit to a responsible ACP party;

(2) Within five (5) working days after receipt of a written request from the Department; or

(3) Within a time period mutually agreed upon by both the Department and the responsible ACP party.

735.9 Any person who commits a violation of this chapte r is subject to the penalties

specified in 20 DCMR § 105. Failure to meet any condition of an applicable ACP Agreement shall constitute a single, separate violation for each day until such requirement or condition is satisfied, unless otherwise provided in paragraphs (a) through (i) of this subsection:

(a) False reporting of any information contained in an ACP application, or any supporting documentation or amendments thereto shall constitute a single, separate violation for each day that the approved ACP is in effect;

(b) Any exceedance during the applicable compliance period of the VOC content specified for an ACP product and which is included in the ACP Agreement approving an ACP shall constitute a single, separate violation for each ACP product whic h exceeds the specified VOC content that is sold, supplied, offered for sale, or manufactured for use in the District of Columbia;

(c) Any of the following actions shall each constitute a single, separate violation for each day after the applicable deadl ine until the requirement is

satisfied:

(1) Failure to report data to the Department, including but not limited to missing data, or failure to report data accurately in writing regarding the VOC content, LVP content, enforceable sales, or any

other info rmation required by any deadline specified in the applicable ACP Agreement;

(2) False reporting of any information submitted to the Department for determining compliance with the ACP requirements;49 (3) Failure to completely implement the reconcil iation of shortfalls plan that is set forth in the ACP Agreement, within thirty (30) days from the date of written notification of a shortfall by the Department; and

(4) Failure to completely reconcile the shortfall as specified in the ACP Agreement, w ithin ninety (90) days from the date of written notification of a shortfall by the Department;

(d) False reporting or failure to report any of the information specified in § 735.10, or the sale or transfer of invalid surplus reductions, shall constitut e a single, separate violation for each day during the time period for which the surplus reductions are claimed to be valid;

(e) Except as provided in § 735.9(f), any exceedance of the ACP limit for any compliance period that the ACP is in effect shall constitute a single, separate violation for each day of the applicable compliance period. The Department shall determine whether an exceedance of the ACP limit has

occurred as follows:

(1) If the responsible ACP party has provided all required informa tion for the applicable compliance period specified in the ACP Agreement approving an ACP, then the Department shall determine whether an exceedance has occurred using the enforceable sales records and VOC content for each ACP product, as reported by the r esponsible ACP party for the applicable compliance period; and

(2) If the responsible ACP party has failed to provide all the required information specified in the ACP Agreement for an applicable compliance period, the Department shall determine whet her an

exceedance of the ACP limit has occurred as follows:

(A) For the missing data days, the Department shall calculate the total maximum historical emissions, as specified in §
799;

(B) For the remaining portion of the compliance period which

a re not missing data days, the Department shall calculate the emissions for each ACP product using the enforceable sales records and VOC content that were reported for that portion of the applicable compliance period;

(C) The ACP emissions for the enti re compliance period shall be the sum of the total maximum historical emissions, determined pursuant to subparagraph (e)(2)(A) of this50 subsection, and the emissions determined pursuant to subparagraph (e)(2)(B) of this subsection;

(D) The Department shall calculate the ACP limit for the entire compliance period using the ACP standards applicable to each ACP product and the enforceable sales records specified in subparagraph (e)(2)(B) of this subsection. The enforceable sales for each ACP product duri ng missing data days, as specified in subparagraph (e)(2)(A) of this subsection, shall be zero (0); and

(E) An exceedance of the ACP limit has occurred when the ACP emissions, determined pursuant to subparagraph (e)(2)(C) of this subsection exceeds the ACP limit, determined pursuant to subparagraph (e)(2)(D) of this subsection;

(f) If a violation specified in paragraph (e) of this section occurs, the responsible ACP party may, pursuant to this paragraph, establish the

number of violations as calcul ated according to the following equation:

NEV = (ACP Emissions

- ACP Limit) x 1 Violation/40 Pounds

where:

NEV = number of ACP Limit violations;

ACP Emissions = the ACP Emissions for the compliance period;

ACP Limit = the ACP Limit for the compli ance period; and

The responsible ACP party may determine the number of ACP Limit violations pursuant to this paragraph only if it has provided all required information for the applicable compliance period, as specified in the ACP Agreement appr oving the ACP. By choosing this option, the responsible ACP party waives all legal objections to the calculation of the ACP Limit violations pursuant to this subsection;

(g) In assessing the amount of penalties for any violation occurring pursuant

to paragrap hs (a) through (f) of this section, the circumstances identified in applicable District of Columbia health and safety laws and regulations shall be taken into consideration;

(h) A cause of action against a responsible party under this section shall be

de emed to accrue on the date(s) when the records establishing the51 violation are received by the Department or when documents are not received as requested by the Department; and

(i) The responsible ACP party is fully liable for compliance with the require ments of this subsection, even if the responsible ACP party contracts with or otherwise relies on another person to carry out some or all of the requirements of this subsection.

735.10 The Department shall issue surplus reduction certificates

, which esta blish and

quantify, to the nearest pound of VOC reduced, any surplus reductions achieved by a responsible ACP party operating under an ACP. All surplus reductions shall be calculated by the Department at the end of each compliance period within the time sp ecified in the approved ACP. Surplus reductions can be bought from, sold to, or transferred to a responsible ACP party operating under an ACP, according to the following provisions:

(a) Surplus reduction certificates shall not constitute instruments, secu rities, or any other form of property;

(b) For the purposes of this regulation, VOC reductions from sources of VOCs other than consumer products subject to the VOC standards specified in the Table of Standards in § 720 .1 may not be used to generate

surp lus reductions;

(c) Surplus reductions are valid only when generated by a responsible ACP party and only while that responsible ACP party is operating under an approved ACP;

(d) Surplus reductions are valid only after the Department has issued an ACP Agreement pursuant to § 735;

(e) Surplus reductions issued by the Department may be used by the responsible ACP party who generated the surplus until , pursuant to §

735.17:

(1) T he reductions expire ;

(2) T he reductions are traded ; or

(3) T he ACP is cancel ed ;

(f) Surplus reductions cannot be applied retroactively to any compliance period before the compliance period in which the reductions were generated;52 (g) Only small or one

- product businesses selling products under an approved ACP may purchase surplus reductions, except as provided in § 735.10(h)(2). An increase in the size of a small business or one

- product business shall have no effect on surplus reductions purchased by that business before the date of the increase;

(h) While valid, surp lus reductions may be used only for the following

purposes:

(1) To adjust the ACP emissions of either the responsible ACP party who generated the reductions or the responsible ACP party to which the reductions were traded, provided the surplus reductions are not to be used by any responsible ACP party to further lower its ACP emissions when its ACP emissions are equal to or less than the ACP limit during the applicable compliance period; or

(2) To be traded for the purpose of reconciling another respons ible ACP party's shortfalls, provided such reconciliation is part of the reconciliation of shortfalls plan approved by the Department pursuant to § 735.4(g)(11);

(i) A valid surplus reduction shall be in effect starting five (5) days after the

date of issuance by the Department, for a continuous period equal to the number of days in the compliance period during which the surplus reduction was generated. The surplus reduction shall then expire at the end of its effective period;

(j) At least five ( 5) working days before the effective date of transfer of surplus reductions, both the responsible ACP party that is selling surplus reductions and the responsible ACP party that is buying the surplus reductions shall, either together or separately, notify the Department in writing of the transfer. The notification shall include all of the following:

(1) The date the transfer is to become effective;

(2) The date the surplus reductions being traded are due to expire;

(3) The amount in pounds of VOCs o f surplus reductions that are being transferred;

(4) The total purchase price paid by the buyer for the surplus reductions;

(5) The contact persons, names of the companies, street and mail addresses, and telephone numbers of the responsible ACP parti es involved in the trading of the surplus reductions; and53 (6) A copy of the District of Columbia

- issued surplus reductions certificate, signed by both the seller and buyer of the certificate, showing transfer of all or a specified portion of the surplus reductions;

(A) The copy shall show the amount of any remaining non

traded surplus reductions, if applicable, and their expiration date; and

(B) The copy shall indicate that both the buyer and seller of the surplus reductions fully understand the conditi ons and limitations placed upon the transfer of the surplus reductions and accept full responsibility for the appropriate use of such surplus reductions as provided in this section;

and

(k) Surplus reduction credits shall only be traded between ACP par ties for consumer products.

735.11 The use of limited

- use surplus reduction credits for early reformulations of ACP

products shall comply with the following provisions:

(a) For the purposes of this section, early reformulation means an ACP product th at is reformulated to result in a reduction in the product's VOC content, and which is sold, supplied, or offered for sale in the District of Columbia for the first time during the three hundred sixty

- five (365 ) day period immediately before the date where in the application for a proposed

ACP is submitted to the District. Early reformulation does not include any reformulated ACP product that is sold, supplied, or offered for sale in the

District of Columbia more than one (1) year before the date on which th e ACP application is submitted to the Department;

(b) If requested in the application for an ACP, the Department shall, upon approval of the ACP, issue surplus reduction credits for early reformulations of ACP products, provided that all of the followi ng documentation has been submitted by the responsible ACP party to the satisfaction of the Department:

(1) Accurate documentation showing that the early reformulation reduced the VOC content of the ACP product to a level that is below the pre

- ACP VOC c ontent of the product, or below the applicable VOC standard specified in the Table of Standards in §

720 .1 , whichever is the lesser of the two;54 (2) Accurate documentation demonstrating that the early reformulated ACP product was sold in District of Col umbia retail outlets within the time period specified in paragraph (a) of this section;

(3) Accurate sales records for the early reformulated ACP product that meet the definition of enforceable sales records as defined in § 799, and which demonstrate t hat the enforceable sales for the ACP product are at least seventy

- five percent (75%) of the District of

Columbia gross s ales for the product, as specified in § 735.4(d);

and

(4) Accurate documentation for the early reformulated ACP product

that meets t he requirements specified in § 735.4(c)

- (d), § 735.4(g)(8)

- (9)

, and which identifies the specific test methods for verifying the claimed early reformulation(s) and the statistical accuracy and precision of the test methods as specified in § 735.4(g)( 4 )

- ( 5 ) ;

(c) Surplus reduction credits issued pursuant to this section shall be calculated separately for each early reformulated ACP product by the Department according to the following equation:

SR = Enforceable Sales x ((VOC Content) initial (VOC Conten t) final ) 100

where:

SR = Surplus Reductions for the ACP product, expressed to the

nearest pound;

Enforceable

Sales = the Enforceable Sales for the early reformulated ACP

product, expressed to the nearest pound of ACP product;

VOC

Conten t initial = the Pre

- ACP VOC content of the ACP product, or the

applicable VOC standard specified in §720, whichever is the lesser of the two, expressed to the nearest one tenth of a pound ( 0.1 lb. ) of VOC per one hundred pounds ( 100

lb. ) of ACP product;

V OC

Content final = the VOC Content of the early reformulated ACP product

after the early reformulation is achieved, expressed to the

nearest one tenth of a pound ( 0.1 lb. ) of VOC per one hundred pounds ( 100 lb. ) of ACP product; and

(d) The use of sur plus reduction credits issued pursuant to this section shall be subject to all of the following provisions:55 (1) Surplus reduction credits shall be used solely to reconcile the responsible ACP party's shortfalls, if any, generated during the first compl iance period occurring immediately after the issuance of the ACP Agreement approving an ACP, and shall not be used for any other purpose;

(2) Surplus reduction credits shall not be transferred to, or used by, any other responsible ACP party; and

(3) Except as provided in this section, surplus reduction credits shall be subject to all requirements applicable to surplus reductions and surplus trading, as specified in § 735.10.

735.12 At the end of each compliance period, the responsible ACP party sha ll make an

initial calculation of any shortfalls occurring in that compliance period, as specified in the ACP Agreement approving the ACP. Upon receipt of this information, the Department shall determine the amount of any shortfall that has occurred during the compliance period, and shall notify the responsible ACP party

of this determination:

(a) The responsible ACP party shall implement the reconciliation of shortfalls plan as specified in the ACP Agreement approving the ACP, within thirty (30) days fro m the date of written notification of a shortfall by the District;

(b) All shortfalls shall be completely reconciled within ninety (90) days from the date of written notification of a shortfall by the Department, by implementing the reconciliation of sh ortfalls plan specified in the ACP Agreement approving the ACP; and

(c) All requirements specified in the ACP Agreement approving an ACP, including all applicable ACP limits, shall remain in effect while any shortfalls are in the process of being reconc iled.

735.13 The responsible ACP party shall notify the Department, in writing, of any change

in an ACP product's name, formulation, form, function, applicable product categories, VOC content, LVP content, date

- codes, or recommended product usage direct ions, no later than fifteen (15) days from the date such a change

occurs. These modifications do not need Department pre

- approval, but the notification shall fully explain the following:

(a) The nature of the modification;

(b) The extent to which the AC P product formulation, VOC content, LVP Content, or recommended usage directions will be changed;56 (c) The extent to which the ACP emissions and ACP limit specified in the ACP Agreement will be changed for the applicable compliance period;

and

(d) The ef

fective date and corresponding date

- codes for the modification.

735.14 Modifications to the enforceable sales records or reconciliation of shortfalls plan

specified in the ACP Agreement approving the ACP require Department pre

approval and shall comply with the following requirements:

(a) Any such proposed modifications shall be fully described in writing and forwarded to the Department;

(b) The responsible ACP party shall clearly demonstrate that the proposed modifications will meet the requirements of §§ 719 through 737; and

(c) The Department shall act on the proposed modifications using the procedure set forth in § 735.7. The responsible ACP party shall meet all applicable requirements of the existing ACP until such time that any proposed modifica tion is approved in writing by the Department.

735.15 Except as otherwise provided in § 735.13 and 735.14, the responsible ACP party

shall notify the Department, in writing, of any information learned of by the responsible ACP party which may alter any o f the information submitted pursuant to the requirements of § 735. The responsible ACP party shall provide such notification to the Department no later than fifteen (15) working days from the date such information is known to the responsible ACP party.

73 5.16 To ensure that the ACP meets all of the requirements of this chapter and that the

ACP emissions will not exceed the ACP limit, the District shall modify the ACP under the following conditions as necessary:

(a) If the District determines that:

( 1) The enforceable sales for an ACP product are no longer at least

seventy

- five percent (75%) of the District of Columbia gross s ales for that product;

(2) The information submitted pursuant to the approval process set forth in §735 is no longer valid; or

(3) The ACP emissions are exceeding the ACP limit specified in the ACP Agreement approving an ACP;57 (b) If the responsible ACP party has had an opportunity for a public hearing in

accordance with the District of Columbia Administrative Procedures Ac t, D.C. Official Code § § 2

- 501

, et seq

. (2006 Repl.) , to determine if the ACP should be modified; and

(c) If any applicable VOC standards specified in the Table of Standards in §

720 .1 are modified by the California Air Resources Board (CARB) in a

future r ule making, the Department shall modify the ACP limit specified in the ACP Agreement approving an ACP to reflect the modified ACP

VOC standards as of their effective dates.

735.17 An ACP shall remain in effect until the following occurs:

(a) The ACP re aches the expiration date specified in the ACP Agreement;

(b) The ACP is modified by the responsible ACP party and approved by the Department, as provided in § 735.13 and 735.14;

(c) The ACP is modified by the Department, as provided in § 735.16;

(d) The A CP includes a product for which the VOC standard specified in the Table of Standards in § 720 .1 is modified by the Department in a future rule making, and the responsible ACP party informs the Department in writing that the ACP will terminate on the effect ive date of the modified standard; or

(e) The ACP is cancelled pursuant to § 735.18.

735.18 The Department shall cancel an ACP if any of the following circumstances occur:

(a) The responsible ACP party demonstrates to the satisfaction of the Depar tment that the continuation of the ACP will result in an extraordinary economic hardship;

(b) The responsible ACP party violates the requirements of the approved ACP, and the violation results in a shortfall that is twenty percent (20%) or

more of the applicable ACP limit, meaning that the ACP Emissions exceed the ACP Limit by twenty percent ( 20% ) or more;

(c) The responsible ACP party fails to meet the requirements of § 735.12 within the time periods specified in § 735.12; or

(d) The responsible ACP party has demonstrated a recurring pattern of violations and has consistently failed to take the necessary steps to correct

those violations.58

735.19 The Department shall not cancel an ACP pursuant to § 735.18 without first

affording the responsible ACP party an opportunity for a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C.

Official Code § § 2

- 501

, et seq

. (2006 Repl.) , to determine if the ACP should be

canceled.

735.20 The responsible ACP party for an ACP that is canceled pursuant to this section

and who does not have a valid ACP to immediately replace the canceled ACP shall meet all of the following requirements:

(a) All remaining shortfalls in effect at the time of ACP cancellation shall be

recon ciled in accordance with the requirements of § 735.12; and

(b) All ACP products subject to the ACP shall be in compliance with the applicable VOC standards in the Table of Standards in § 720 .1 immediately upon the effective date of ACP cancellation.

73 5.21 Any violations incurred pursuant to § 735.9 shall not be cancelled or in any way

affected by the subsequent cancellation or modification of an ACP pursuant to § 735.13 through 735.18.

735.22 The information required by § 735.4(a), 735.4(b), and 735 .10 is public

information that may not be claimed as confidential. All other information submitted to the Department to meet the requirements of this regulation shall be handled in accordance with the District of Columbia confidentiality requirements

in 20 DCMR § 106.

735.23 A responsible ACP party may transfer an ACP to another responsible ACP party,

provided that all of the following conditions are met:

(a) The Department shall be notified, in writing, by both responsible ACP parties participating in the transfer of the ACP and its associated ACP Agreement;

(1) The written notifications shall be postmarked at least five (5) working days before the effective date of the transfer and shall be signed and submitted separately by both responsible parties ; and

(2) The written notifications shall clearly identify the contact persons, business names, mail and street addresses, and telephone numbers of the responsible parties involved in the transfer; and

(b) The responsible ACP party to which the ACP is being transferred shall provide a written declaration stating that the transferee shall fully comply with all requirements of the ACP Agreement.59

736 PORTABLE FUEL CONTAINERS AND SPOUTS

– PERFORMANCE

STANDARDS is repealed and replaced with:

736 CONSUMER PRODUCTS

– INNOVATIVE PRODUCTS EXEMPTION

736.1 Any manufacturer claiming an exemption from the Table of Standards in § 720 .1

based on a CARB Innovative Products exemption under the Innovative Products provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.5, Article 1, § 94503.5 of Title 17 of the California Code of Regulations, must submit to the Department a copy of the CARB Innovative Product exemption decision including the executive order and all conditions established by CARB applicable to the exemption.

736.2 Manufacturers of consumer products that have been granted an Innovative

Products exemption under the Innovative Products provisions in Subchapter 8.5, Article 2, § 94511, or Subchapter 8.5, Article 1, § 94503.5 of Title 17 of the California Code of Regulations based on California specific data, or that have not been granted an exemption by CARB, may apply for an Innovative Products exemption from the District of Columbia if the product meets the following

criteria:

(a) The manuf

acturer demonstrates by clear and convincing evidence that due to some characteristic of the product formulation, design, delivery systems or other factors, the use of the product will result in less VOC emissions as compared to:

(1) The VOC emissions from a representative consumer product which complies with the VOC limits specified in the Table of Standards in § 720 .1 ; or

(2) The calculated VOC emissions from a non

- complying representative product, if the product had been reformulated to comply wi th the VOC limits specified in the Table of Standards in § 720 .1 ; and

(3) VOC emissions shall be calculated using the following equation:

E R = E

NC x VOC

STD  ̧ VOC

NC

where:

E R = The VOC emissions from the non

- complying

representative p roduct, had it been reformulated;

E NC = The VOC emissions from the non

- complying

representative product in its current formulation;60 VOC STD = The VOC limit specified in the Table of Standards in

§ 720 .1 ; and

VOC NC = The VOC content of the no n

- complying product in its

current formulation;

(b) If a manufacturer demonstrates that the equation in paragraph (a) of this section yields inaccurate results due to some characteristic of the product formulation or other factors, an alternative meth od that accurately calculates emissions may be used upon approval of the Department;

(c) For the purposes of this section, representative consumer product means a consumer product that meets all of the following criteria:

(1) The representative prod uct shall be subject to the same VOC limit in the Table of Standards in § 720 .1 as the innovative product;

(2) The representative product shall be of the same product form as the innovative product, unless the innovative product uses a new form

that do es not exist in the product category at the time the application is made; and

(3) The representative product shall have at least similar efficacy as other consumer products in the same product category based on tests generally accepted for that product category by the consumer products industry;

(d) To apply for an innovative products exemption under this section, a manufacturer shall submit a written application to the Department, which

includes:

(1) The supporting documentation that demonstrate s the emissions from the innovative product, including the actual physical test methods used to generate the data and, if necessary, the consumer testing undertaken to document product usage; and

(2) Any information necessary to enable the Department to establish enforceable conditions for granting the exemption including the VOC content for the innovative product and test methods for determining the VOC content;

(e) The Department shall comply with the following process in responding to applications for exemptions:61 (1) All information submitted by a manufacturer pursuant to paragraph (d) shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106;

(2) Within thirty (30) days of receipt of the exemp tion application the Department shall determine whether an application is complete;

(3) Within ninety (90) days after an application has been deemed complete, the Department shall determine whether, under what conditions, and to what extent, an exempt ion from the requirements of §720 will be permitted;

(A) The applicant and the Department may mutually agree to a longer time period for reaching a decision; and

(B) Additional supporting documentation may be submitted by the applicant before a decision is reached;

(4) The Department shall notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that emissions from the product will meet the emissions reductions specified in subparagraph (a)( 1), and that such emissions reductions can be enforced; and

(5) In granting an exemption for a product, the Department shall

establish conditions that are enforceable:

(A) These conditions shall include the VOC content of the innovative product, dispe nsing rates, application rates

, and any other parameters determined by the Department to be

necessary;

(B) The Department shall also specify the test methods for determining conformance to the conditions established; and

(C) The test methods shall includ e criteria for reproducibility, accuracy, sampling

, and laboratory procedures;

(f) For any product for which an exemption has been granted pursuant to this section, the manufacturer shall notify the Department in writing within thirty (30) days of any cha nge in the product formulation or recommended product usage directions, and shall also notify the Department within thirty (30) days if the manufacturer learns of any information which would alter the emissions estimates submitted to the Department in supp ort of the exemption application;62 (g) If the VOC limits specified in the Table of Standards in § 720 .1 are lowered for a product category through any subsequent rulemaking, all innovative product exemptions granted for products in the product

category s hall have no effect as of the effective date of the modified VOC standard, except for those innovative products that have VOC emissions less than the applicable lowered VOC limit and for which a written notification of the product's emissions status versus the lowered VOC limit has been submitted to and approved by the Department at least sixty (60) days before the effective date of such limits; and

(h) If the Department believes that a consumer product for which an exemption has been granted no longer m eets the criteria for an innovative product specified in this section, the Department may modify or revoke the exemption as necessary to ensure that the product will meet these

criteria. The Department shall not modify or revoke an exemption without

first affording the applicant an opportunity for a public hearing held in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code § § 2

- 501

, et seq

. (2006 Repl.).

737 PORTABLE FUEL CONTAINERS AND SPOUTS

- EXEMPTIONS FROM

PERFORM ANCE STANDARDS is repealed and replaced with:

737 CONSUMER PRODUCTS

– VARIANCE REQUESTS

737.1 Any person who cannot comply with the requirements set forth in §§ 720 and 722

through 731 because of extraordinary reasons beyond the person's reasonable

contr ol may apply in writing to the Department for a variance according to the following requirements:

(a) The variance application shall include:

(1) The specific grounds upon which the variance is sought;

(2) The proposed date(s) by which complian ce with the provisions of §§ 720 and 722 through 731 will be achieved; and

(3) A compliance report reasonably detailing the methods by which compliance will be achieved;

(b) Upon receipt of a variance application containing the information required

in paragraph (a), the Department shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in §§ 720 and 722 through 731 is necessary and will be permitted according to the following require ments:63 (1) A hearing shall be initiated no later than seventy

- five (75) days after receipt of a variance application;

(2) Notice of the time and place of the hearing shall:

(A) Be sent to the applicant by certified mail not less th an thirty (30) days before the hearing;

(B) Be submitted for publication in the District of Columbia Register and sent to every person who requests such notice, not less than thirty (30) days before the hearing; and

(C) State that the parties may, but n eed not be, represented by counsel at the hearing;

(3) At least thirty (30) days before the hearing, the variance application shall be made available to the public for inspection;

and

(4) Interested members of the public shall be allowed a rea sonable opportunity to testify at the hearing and their testimony shall be considered;

(c) Information submitted to the Department by a variance applicant may be claimed as confidential, and such information shall be handled in

accordance with the Distr ict of Columbia confidentiality requirements in

20 DCMR § 106. The Department may consider such confidential information in reaching a decision on a variance application;

(d) No variance shall be granted unless all of the following findings are made:

(1) Because of reasons beyond the reasonable control of the applicant, requiring compliance with §§ 720 and 722 through 731 would result in extraordinary economic hardship;

(2) The public interest in mitigating the extraordinary hardship to the appli cant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance; and

(3) The compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible;

(e) Any variance order issued by the Department shall specify a final compliance date by which the requirements of §§ 720 and 722 through64 731 will be achieved. Any variance order shall contain a condi tion that specifies increments of progress necessary to ensure timely compliance, and such other conditions that the Department, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of applicable District of Columbia health and safety laws and regulations;

(f) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance; and

(g) Upon the application of any person, th e Department may review, and for good cause, modify or revoke a variance from requirements of §§ 720 and 722 through 731 after holding a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code § § 2

- 501

, et seq

. (2006 Rep l .).

738 PORTABLE FUEL CONTAINERS AND SPOUTS

- LABELING

REQUIREMENTS is repealed

. and the section is [ RESERVED ]

.

739 PORTABLE FUEL CONTAINERS AND SPOUTS

– TESTING is repealed

.

and the section is [ RESERVED ]

.

740 PORTABLE FUEL CONTAINE RS AND SPOUTS

– INNOVATIVE

PRODUCT EXEMPTION is repealed

. and the section is [ RESERVED ]

.

741 PORTABLE FUEL CONTAINERS AND SPOUTS

– VARIANCE: is

repealed

. and the section is [ RESERVED ]

.

742 SOLVENT CLEANING

- GENERAL REQUIREMENTS is repealed

. and

the se ction is [ RESERVED ]

.

743 SOLVENT CLEANING

- COLD CLEANING is repealed and replaced with:

743 ADHESIVES AND SEALANTS

– GENERAL REQUIREMENTS

743.1 This section applies to any person who, on or after January 1, 2012 , supplies,

sells, offers for sale, ma nufactures for sale, or uses or applies adhesives, sealants, or adhesive or sealant primers, except as provided in § 745.

743.2 For purposes of §§ 743 through 749 and of any definitions in §799 applicable to

§§ 743 through 749, the District incorporate s by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited.65

744 SOLVENT CLEANING

- BA TCH VAPOR CLEANING is repealed and

replaced with:

744 ADHESIVES AND SEALANTS

– VOC STANDARDS

744.1 On and after January 1, 2012 , no person shall sell, supply, offer for sale in the

District of Columbia any adhesive, sealant, adhesive primer

, or seala nt primer

manufactured on or after January 1, 2012 , or manufacture for sale in the District of Columbia any adhesive, sealant, adhesive primer or sealant primer in excess of the applicable VOC content limits specified in the Table of Standards in § 744.2

, except as provided in §§ 744.5 and 745.

744.2 N o person shall use or apply any adhesive, sealant, adhesive primer

, or sealant

primer manufactured on and after January 1, 2012, within the District of Columbia in excess of the applicable VOC content limits specified in the following Table of Standards , except as provided in §§ 744.5 and 745:

Table of Standards . VOC Content Limits for Adhesives, Sealants, Adhesive Primers, Sealant Primers and Adhesives Applied to Particular Substrates.

Adhesive, sealant, a dhesive primer or sealant primer
category VOC content

limit (grams VOC per liter*)

CATEGORY 1:

ADHESIVES VOC Limits (g/ L ) ABS welding 400

Ceramic tile installation 130 Computer diskette jacket manufacturing 850

Contact or contact bond 250

Cove base i nstallation 150 CPVC welding 490 Indoor floor covering

installation 150

Metal to urethane/rubber molding or casting 850

Motor vehicle 250 Motor vehicle weatherstrip 750

Multi

- purpose construction 200

Non

- membrane roof installation/repair 300

Outd oor floor covering

installation 250

Plastic cement welding (except ABS, PVC or CPVC) 510

PVC welding 51066 Adhesive, sealant, a dhesive primer or sealant primer
category VOC content

limit (grams VOC per liter*) Single

- ply roof membrane installation/repair 250

Structural glazing 100 Thin metal laminating 780

Tire retread 100 Perimeter bonded sheet vinyl flooring installation 660

Waterproof resorcinol glue 170

Sheet

- applied rubber

installation 850

CATEGORY 2:

SEALANTS VOC Limits in (g/ L )

Architectural 250

Marine deck 760

Non

- membrane roof installation / repair 300

Roadway 250 Single

- ply roof membr ane 450

Other 420

CATEGORY 3:

ADHESIVE PRIMERS VOC Limits in (g/ L ) Automotive glass 700 Motor vehicle glass bonding 900 Plastic cement welding 650 Single

- ply roof membrane 250 Traffic marking tape 150

Other 250

CATEGORY 4: SEALANT

PRIMERS VOC Lim its in (g/ L )

Architectural

– non

- porous material 250

Architectural

– porous material 775

Marine deck 760

Other 750

CATEGORY 5:

ADHESIVES APPLIED TO

PARTICULAR

SUBSTRATES VOC Limits in (g/ L )

Flexible vinyl 250 Fiberglass 200 Reinforced plastic compo site 20067 Adhesive, sealant, a dhesive primer or sealant primer
category VOC content

limit (grams VOC per liter*)

Metal 30 Porous material (other than wood) 120

Rubber 250

Wood 30

Other substrates 250

* The VOC content is determined as the weight of VOCs,

less water and exempt compounds as specified in §747.

744.3 The VOC content limits in the Table o f Standards in § 744.2 for adhesives applied

to particular substrates ( such as, Category 5), shall apply as follows:

(a) If an operator uses an adhesive or sealant subject to a specific VOC

content limit for such adhesive or sealant in the Table of Standards in §

744.2 , such specific limit applies rather than an adhesive

- to

- substrate limit; and

(b) If an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content shall be the limit for such

use.

744.4 Except as provided in §§ 744.5 and 745, any person subject to §§ 743 to 749

using a surface preparation or cleanup solvent shall:

(a) Except as provided in paragraph (b) of this section for single

- ply roofing, not use materials containing VOCs for surfac e preparation, unless the VOC content of the surface preparation solvent is less than seventy grams per liter ( 70 g

. / L );

(b) If a surface preparation solvent is used in applying single

- ply roofing, not use materials for surface preparation containing VOCs , unless the composite vapor pressure of the surface preparation solvent, excluding water and exempt compounds, does not exceed forty

- five millimeters of mercury (45 mm

. Hg) at twenty degrees Celsius (20o C ) or sixty

- eight degrees Fahrenheit ( 68° F );

(c) Except as provided in paragraph (d) of this section, not use materials containing VOCs for the removal of adhesives, sealants, or adhesive or sealant primers from surfaces, other than spray application equipment, unless the composite vapor pressure of the solvent used, excluding water and exempt compounds, is less than forty

- five millimeters of mercury (45

mm

. Hg) at twenty degrees Celsius (20o C ) or sixty

- eight degrees

Fahrenheit ( 68° F ); and68 (d) Remove an adhesive, sealant, adhesive primer

, or sealant pr imer from the parts of spray application equipment by:

(1) An enclosed cleaning system, or an equivalent cleaning system as determined by the SCAQMD’s “General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems,”
dated October 3, 1989 ;

(2) Using a solvent with a VOC content of seventy grams (70 g) of VOC per liter of material, or less; or

(3) Soaking parts containing dried adhesive in a solvent as long as the composite vapor pressure, excluding water and exempt compounds, of the solvent is nine and one half millimeters of mercury (9.5 mm

. Hg) at twenty degrees Celsius (20o C ) or sixty

eight degrees Fahrenheit ( 68° F ) or less and is kept in a closed container, which shall be closed except when depositing or removing parts of materials from th e container.

744.5 A person using an adhesive, sealant, adhesive primer

, or sealant primer subject to

§§ 743 to 749 may comply with § 744.2 and 744.4 using add

- on air pollution control equipment if such equipment meets the following requirements:

(a) The VO C emissions from the use of all adhesives, sealants, adhesive primers

, or sealant primers subject to §§ 743 to 749 are reduced by an overall capture and control efficiency of at least eighty

- five percent (85%) by weight;

(b) The combustion temperature is con tinuously monitored if a thermal incinerator is operated;

(c) Inlet and exhaust gas temperatures are continuously monitored if a catalytic incinerator is operated;

(d) Control device efficiency is continuously monitored when a carbon

absorber or control device other than a thermal or catalytic incinerator is operated; and

(e) Operation records sufficient to demonstrate compliance with the requirements of this section are maintained as required by § 746.

744.6 Any person using adhesives, sealants, adhesive primer s, sealant primers, or

surface preparation or cleanup solvents subject to §§ 743 to 749 shall:69 (a) Store or dispose of all absorbent materials, such as cloth or paper, which are moistened with adhesives, sealants, primers

, or solvents subject to §§

743 to 749, in non

- absorbent containers that shall be closed except when placing materials in or removing materials from the container;

(b) Store all VOC

- containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents , and related waste materials in closed containers;

(c) Ensure that mixing and storage containers used for VOC

- containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials are kep t closed at all times except when depositing or removing these materials;

(d) Minimize spills of VOC

- containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials;

(e) Convey VOC

- containing adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents, and related waste materials from one location to another in closed containers or pipes; and

(f) Minimize VOC emission from cleaning of applicatio n, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

744.7 No person shall solicit, require the use or specify the appli cation of any adhesive,

sealant, adhesive primer, sealant primer, surface preparation or cleanup solvent if such use or application results in a violation of the provisions of 20 DCMR

c hapter 7. The prohibition of this subdivision shall apply to all writte n or oral contracts under which any adhesive, sealant, adhesive primer, sealant primer, and surface preparation or cleanup solvent subject to §§ 743 to 749 is to be used at any location in the District of Columbia.

745 SOLVENT CLEANING

- IN

- LINE VAPOR CLE ANING is repealed and

replaced with:

745 ADHESIVES AND SEALANTS

– EXEMPTIONS AND EXCEPTIONS

745.1 The provisions of §§ 743 through 749 shall not apply to the use or sale of the

following compounds:

(a) Adhesives, sealants, adhesive primers

, or sealant prime rs being tested or evaluated in any research and development, quality assurance or analytical laboratory, provided records are maintained as required in § 746;70 (b) Adhesives, sealants, adhesive primers

, and sealant primers that are subject

to VOC standards in 20 DCMR § 720;

(c) Adhesives and sealants that contain less than twenty grams (20 g

. ) of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied;

(d) Cyanoacrylate adhesives;

(e) Adhesives, sealants, adhesive primers

, or sealant prim ers that are sold or supplied by the manufacturer or supplier in containers with a net volume of sixteen (16) fluid ounces or less, or a net weight of one pound (1 lb. ) or less, except plastic cement welding adhesives and contact adhesives; or

(f) Contact adh esives that are sold or supplied by the manufacturer or supplier

in containers with a net volume of one gallon (1 gal. ) or less.

745.2 The requirements of §§ 743 through 749 shall not apply to the use of adhesives,

sealants, adhesive primers, sealant prim ers, or surface preparation and cleanup solvents in the following operations:

(a) Tire repair operations, provided the label on the adhesive states “For Tire Repair Only”;

(b) In the assembly, repair

, and manufacture of aerospace components or

undersea

- based w eapon system components;

(c) Medical equipment manufacturing; or

(d) Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed before July 1, 1992.

745.3 The provisions of § § 743 through 749 shall not apply to a person who uses or

applies any adhesive, sealant, adhesive primer, and sealant primer at a stationary source if the total VOC emissions from all adhesives, sealants, adhesive primers

, and sealant primers used at the s tationary source are less than two hundred pounds (200 lb. ) per calendar year, or an equivalent volume.

745.4 The provisions of § 744. 2 and 744.4 shall not apply to the use of any adhesives,

sealants, adhesive primers, sealant primers, cleanup solvents

, and surface preparation solvents, provided the total volume of non

- complying adhesives, sealants, primers, cleanup and surface preparation solvents applied facility

- wide at a stationary source does not exceed fifty

- five gallons (55 gal

. ) per calendar

year.71

745.5 Any person claiming an exemption pursuant to § 745.2(d) thru 745.4 shall record

and maintain monthly operational records sufficient to demonstrate compliance, and in accordance with § 746.

745.6 Subs ections 743 to 749 shall not apply to a manufa cturer or distributor who sells,

supplies or offers for sale in the District of Columbia any adhesive, sealant, adhesive primer

, or sealant primer that does not comply with § 744.1 provided that such manufacturer or distributor makes and keeps records demo nstrating:

(a) The adhesive, sealant, adhesive primer

, or sealant primer is intended for shipment and use outside of the District of Columbia; and

(b) The manufacturer or distributor has taken reasonable precautions to assure that the adhesive, sealant, adhesive primer

, or sealant primer is not distributed to, or within, the District of Columbia.

745.7 Subs ection 745.6 shall not apply to any adhesive, sealant, adhesive primer

, or

sealant primer that is sold, supplied

, or offered for sale by any person to a reta il

outlet in the District of Columbia.

745.8 Subs ection 744.1 shall not apply to the sale of any adhesive, sealant, adhesive

primer

, or sealant primer to a person using add

- on air pollution control equipment, pursuant to § 744.5, to comply with the requir ements of §§ 743 to 749.

745.9 The VOC content limits specified in the Table of Standards in § 744.2 shall not

apply to any manufacturer or distributor who sells, supplies

, or offers for sale any single

- ply roof membrane installation or repair adhesive, s ingle

- ply roof membrane sealant, or single

- ply roof membrane adhesive primer before January
1, 2012.

746 SOLVENT CLEANING

- AIRLESS AND AIR

- TIGHT CLEANING is

repealed and replaced with:

746 ADHESIVES AND SEALANTS

– ADMINISTRATIVE REQUIREMENTS

746.1 Eac h person subject to §§ 743 through 749 shall maintain records demonstrating

compliance with the regulations, including, but not limited to, the following

information:

(a) A list of each adhesive, sealant, adhesive primer, sealant primer cleanup solvent, and surface preparation solvent in use and in storage;

(b) A data sheet or material list that provides the material name, manufacturer identification, and material application;72 (c) Catalysts, reducers, or other components used and the mix ratio;

(d) T he VOC content of each product as supplied;

(e) The final VOC content or vapor pressure, as applied; and

(f) The monthly volume of each adhesive, sealant, adhesive primer, sealant primer, cleanup or surface preparation solvent used.

746.2 Any person who complies with § 744.2 through the use of add

- on air pollution

control equipment shall record the key operating parameters for the control equipment, including, but not limited to, the following information:

(a) The volume used per day of each adhesi ve, sealant, adhesive primer, sealant primer, or solvent that is subject to a VOC content limit in the

Table of Standards in § 744.2 and that exceeds such a limit;

(b) On a daily basis, the combustion temperature, inlet and exhaust gas temperatures, and control device efficiency, as appropriate, pursuant to § 744.5;

(c) Daily hours of operation; and

(d) All maintenance performed, including the date and type of maintenance.

746.3 All records made to determine compliance with this chapter shall be ma intained

for five (5) years from the date such record is created and shall be made available to the District of Columbia within ninety (90) days of a request.

746.4 For adhesives, sealants, adhesive primers, and sealant primers subject to the

laboratory t esting exemption pursuant to § 745.1(a), the person conducting the testing shall make and maintain records of all such materials used, including, but not limited to, the product name, the product category of the material or type of application, and the VOC content of each material.

747 SOLVENT CLEANING

- ALTERNATIVE COMPLIANCE is repealed and

replaced with:

747 ADHESIVES AND SEALANTS

– COMPLIANCE PROCEDURES AND

TEST METHODS

747.1 Except as provided in § 747.3 through 747.5, the VOC and solids content of all

non

- aerosol adhesives, adhesive primers, surface preparation solvents, and cleanup solvents shall be determined using U.S. EPA Reference Method 24 (40

C

. F

. R

. Part 60, Appendix A or SCAQMD Method 304).73

747.2 The organic content of exempt organic comp ounds shall be determined using

ASTM D4457

- 85, as applicable.

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

determined using SCAQMD Method 316A.

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

compound that becomes an integral part of the finished materials shall be determined using SCAQMD Method 316A.

747.5 The composite vapor pressure of organic compounds in cleaning materials shall

be determined by quantifying the amount of each compound in the blend using gas chromatographic analysis (ASTM E 260

- 91) for organics and ASTM D3792

- 79 for water content, as applicable, and the following equation:

where:

Ppc = VOC composite partial pressure at twenty degrees Celsius ( 20° C )

or sixty

- eight degrees Fahrenheit ( 68o F) , in millimeters of mercury ( mm

. Hg ) ;

W i = Weight of the "i"th VOC compound, in grams, as determined by

ASTM E 260

- 91;

Ww = Weight of water, in grams as determined by ASTM D 3792

- 86;

We = Weight of the "i"th exempt compound, in grams, as determined by

ASTM E 260

- 91;

Mw i = Molecular weight of the "i"th VOC compound, in grams per g

mole, as given in chemical reference literature;

Mww = Molecular weight of water, eighteen grams ( 18 g

. ) per g

- mole;

Mwe = Molecular weight of the "i"th exempt compound, in grams per g

mole, as given in chemical reference literature; and

Vp i = Vapor pressure of the "i"th VOC compound at twenty degrees

Celsius ( 20 o C ) or sixty

- eight degrees Fahrenheit ( 68o F) , in

mil limeters of mercury ( mm

. Hg ) , as determined by § 747.6.74

747.6 The vapor pressure of each single component compound may be determined from

ASTM D2879

- 86 or may be obtained from a published source approved by the District, such as the sources referenced in 40 C

. F

. R

. § 52.741, or any of the following sources:

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

, Boulbik, Fried, and Hala; Elsevier Scientific Publishing Company, New York;

(b) The most recent edition of Perry’s Chemical En gineer’s Handbook

, McGraw

- Hill Book Company;

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

, Chemical Rubber Publishing Company;

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

- Hill Book C ompany; or

(e) Additional sources approved by the SCAQMD or other California Air

districts.

747.7 If air pollution control equipment is used to meet the requirements of §§ 743 to

749, the owner or operator shall make the following determinations:

(a) Th e measurement of capture efficiency shall be conducted and reported in accordance with the U.S. EPA Technical Document, “ Guidelines for Determining Capture Efficiency ,” issued January 9, 1995, or a District capture efficiency determination method approved by the U.S. EPA; and

(b) The measurement of control efficiency shall be in accordance with U.S. EPA Methods 25, 25A, 25B, or CARB Method 100.

747.8 The active and passive solvent losses from spray gun cleaning systems shall be

determined using SCAQMD’s “General Test Method for Determining Solvent Losses from Spray Gun Cleaning Systems,” dated October 3, 1989. The test solvent for this determination shall be any lacquer thinner with a minimum vapor pressure of one hundred and five millimeters of mercury ( 105 mm

. Hg) at twenty degrees Celsius (20o C ) or sixty

- eight degrees Fahrenheit ( 68° F ), and the minimum test temperature shall be fifteen degrees Celsius (15o C ) or fifty

- nine degrees Fahrenheit ( 59° F ).

747.9 For adhesives that do not contain reactive diluents, grams of VOC per liter of

adhesive, less water and exempt compounds, shall be calculated according to the following equation:75 Grams of VOC per liter of adhesive = Ws

- Ww

- We

Vm

- Vw

- Ve

where:

Ws = weight of volatile compounds, in grams;

Ww = weight of water, in grams;

We = weight of exempt compounds, in grams;

Vm = volume of material, in liters;

Vw = volume of water, in liters; and

Ve = volume of exempt compounds, in liters.

747.10 For adhesives that contain reactive dilu ents, the VOC content of the adhesive is

determined after curing. The grams of VOC per liter of adhesive, less water and exempt compounds, shall be calculated according to the following equation:

Grams of VOC per liter of adhesive = Wrs

- Wrw

- Wre

Vrm

- Vrw

- Vre

where:

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

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

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

Vrm = volume of mate rial not consumed during curing, in liters;

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

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

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

equation:

Grams of VOC per liter of materials = Ws

- Ww

- We

Vm

where:76 Ws = weight of volatile compounds, in grams;

Ww = weight of water, in grams;

We = weight of exempt compounds, in grams; and

Vm = volume of material, in liters.

747.12 Percent VOC (% VOC) by weight shall be calculated according to the following

equation:

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

where:

Wv = weight of VOCs in grams; and

W = weight of material in grams.

748 SOLVENT CLEANING

- RECORDKEEPI NG AND MONITORING is

repealed and replaced with:

748 ADHESIVES AND SEALANTS

– CONTAINER LABELING

748.1 Each manufacturer of an adhesive, sealant, adhesive primer, or sealant primer

subject to §§ 743 to 749 shall display the following information on the p roduct

container or label:

(a) A statement of the manufacturer's recommendation regarding thinning, reducing, or mixing of the product, except that:

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

(2) If thinning of the product before use is unnecessary, the recommendation must specify that the product is to be applied without thinning;

(b) The maximum or the actual VOC content of the product in accordance with § 747, as supplied, displayed in grams of VOC per liter of p roduct;

and

(c) The maximum or the actual VOC content of the product in accordance with § 747, which includes the manufacturer’s maximum recommendation for thinning, as applied, displayed in grams of VOC per liter of product.77

749 ARCHITECTURAL AND INDUST RIAL MAINTENANCE COATING

–

GENERAL REQUIREMENTS is repealed and replaced with:

749 ADHESIVES AND SEALANTS

– APPLICATION METHODS

749.1 A person shall not apply a VOC

- containing adhesive, adhesive primer, sealant, or

sealant primer at a stationary source unless applied by one (1) of the following application methods using equipment operated in accordance with the specifications of the equipment manufacturer:

(a) Electrostatic application;

(b) High volume low pressure (HVLP) spraying;

(c) Flow coating ;

(d) Roller coating or hand application methods, including non

- spray application methods similar to hand or mechanically powered caulking gun, brush coating, or direct hand application methods;

(e) Dip coating (including electrodeposition coating):

(f) Airless spraying;

(g) Air

- assisted airless spraying; or

(h) Other adhesive application method that a person has demonstrated and the Department has determined achieves a transfer efficiency equivalent to or better than that achieved by HVLP sprayin g.

750 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING

–

STANDARDS is repealed

. and the section is [ RESERVED ]

.

751 ARCHITECTURAL AND IN DUSTRIAL MAINTENANCE is repealed and

replaced with:

751 PORTABLE FUEL CONTAI NERS AND SPOUTS

– GENERAL

REQUIREMENTS

751.1 The requirements of §§ 751 through 758 apply to any person who sells, supplies,

offers for sale, advertises

, or manufactures a portable fuel container or spout for use in the District of Columbia, except as provided in § 753.

751.2 No person shall sell, supply, offer for sale, advertise, or manufacture for sale in

the District of Columbia a portable fuel container or spout, or combination portable fuel container and spout, thirty ( 30 ) days after the effective date of this78 regulation, unless said por table fuel container or spout, or combination portable fuel container and spout is covered by a CARB Executive Order, except as provided in § 753.

751.3 For purposes of §§ 752 through 758 and of any definitions in §799 applicable to

§§ 752 through 758, th e District incorporates by reference rules and test methods from the Code of Federal Regulations (C

. F

. R

. ), the California Air Resources Board (CARB), and Title 13, California Code of Regulations, §§ 2250 through 2298, where specifically cited.

751.4 Eac h part of §§ 751 through 758 shall be deemed severable, and if any part is held

to be invalid, the remainder continues in full force.

752 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING

–

LABELING REQUIREMENT is repealed and replaced with:

752 PORT ABLE FUEL CONTAINERS AND SPOUTS

– PERFORMANCE

STANDARDS AND TEST PROCEDURES

752.1 Except as provided in § 753, every portable fuel container, spout, or combination

portable fuel container and spout, produced thirty ( 30 ) days after the effective

date of th is regulation, that is manufactured for sale, advertised for sale, sold, or offered for sale in the District of Columbia or that is introduced, delivered

, or imported into the District of Columbia for introduction into commerce and that is subject to any o f the standards prescribed in this article and documents incorporated by reference therein, must be certified for use and sale by the manufacturer through CARB and covered by a CARB Executive Order.

752.2 The criteria for obtaining certification, includin g all test procedures for

determining certification and compliance with the standards applicable to portable fuel containers, spouts, or combination portable fuel containers and spouts produced thirty ( 30 ) days after the effective date of this regulation, that are manufactured for sale, advertised for sale, sold, or offered for sale in the District of Columbia, or that are introduced, delivered

, or imported into the District of Columbia for introduction into commerce and that are subject to any of the

stand ards prescribed in this article and documents incorporated by reference

therein are set forth in “CP

- 501, Certification Procedure for Portable Fuel Containers and Spill

- Proof Spouts,” adopted by CARB July 26, 2006, including any subsequent amendments.

75 2.3 Compliance with the performance standards in § 752 or the certification and

compliance standards specified in § 755 does not exempt spill

- proof systems or spill

- proof spouts from compliance with other applicable federal and District of

Columbia statut es and regulations, including, but not limited to, fire codes, safety codes, and other safety regulations.79

752.4 Notwithstanding the provisions of § 752.1, a portable fuel container or spout or

combination portable fuel container and spout manufactured be fore thirty ( 30 ) days after the effective date of this regulation, may be sold, supplied, or offered

for sale until one (1) year starting thirty ( 30 ) days after the effective date of this regulation, if it is labeled or designated for use solely with keros ene and if the date of manufacture or a date code representing the date of manufacture is clearly displayed on the portable fuel container or spout.

753 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING

REPORTING REQUIREMENTS is repealed and replaced with :

753 PORTABLE FUEL CONTAINERS AND SPOUTS

– EXEMPTIONS

753.1 The following shall be exempt from compliance with §§ 751 through 758:

(a) Any portable fuel container or spout manufactured in the District of Columbia for shipment, sale, and use outside o f the District of Columbia;

(b) A manufacturer or distributor who sells, supplies, or offers for sale in the District of Columbia, a portable fuel container or spout or combination portable fuel container and spout that does not comply with the performa nce standards § 752 or the certification and compliance standards specified in § 755, as long as the manufacturer or distributor can

demonstrate that:

(1) The portable fuel container or spout or combination portable fuel container and spout is intended for sh ipment and use outside of the District of Columbia; and

(2) The manufacturer or distributor has taken reasonable prudent precautions to ensure that the portable fuel container or spout or combination portable fuel container and spout is not distributed in

th e District of Columbia;

(c) Paragraph (b) of this subsection does not apply to portable fuel containers or spouts or combination portable fuel containers and spouts that are sold, supplied, or offered for sale by any person to retail outlets in the Dist rict of Columbia;

(d) Safety cans meeting the requirements of Chapter 17, Title 29, Part 1926, Subpart F of the Code of Federal Regulations (29 C

. F

. R

. § § 1926.150

, et

seq. );

(e) Portable fuel containers with a nominal capacity less than or equal to one quart (1 qt.) ;80 (f) Rapid refueling devices with nominal capacities greater than or equal to

four gallons (4 gal. ), provided such devices are designed for use in officially sanctioned off

- highway motor sports, such as car racing or motorcycle competi tions, or either create a leak

- proof seal against a stock target fuel tank, or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank;

(g) Portable fuel tanks manufactured specifically to deliver fuel throug h a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine; and

(h) Closed

- system portable fuel containers that are used exclusively for fueling remote control airplanes.

754 ARCHITECTURAL A ND INDUSTRIAL MAINTENANCE COATING

–

TESTING REQUIREMENTS is repealed and replaced with:

754 PORTABLE FUEL CONTAINERS AND SPOUTS

– LABELING

REQUIREMENTS

754.1 Each manufacturer of a portable fuel container or portable fuel container and

spout subject to an d complying with § 752 must clearly display the following on each spill

- proof system:

(a) The phrase “Spill

- Proof System”;

(b) A date of manufacture or date code; and

(c) A representative code identifying the Executive Order Number issued by

CARB for the portable fuel container or portable fuel container and spout.

754.2 Each manufacturer of a spout subject to and complying with §752 must clearly

display the following on the accompanying package, or spout sold without packaging, on either the spout or a label affixed to the spout:

(a) The phrase “Spill

- Proof Spout”;

(b) A date of manufacture or date code; and

(c) A representative code identifying the Executive Order Number issued by CARB for the portable fuel container or portable fuel contain er and spout.

754.3 Each manufacturer subject to § 754.1 and 754.2 shall file an explanation of both

the date code and representative code with the Department no later than the later of three (3) months after the effective date of this regulation or withi n three (3) months of production, and within three (3) months after any change in coding.81

754.4 Each manufacturer of a spout subject to § 754.2 shall clearly display the make,

model number, and size of only those portable fuel containers the spout is

d esigned to accommodate and can demonstrate compliance with § 752, on the accompanying package, or for spouts sold without packaging, on either the spout, or a label affixed to the spout.

754.5 Manufacturers of portable fuel containers or portable fuel co ntainers and spouts

not subject to or not in compliance with § 752 shall not display the phrase “Spill

Proof System” or “Spill

- Proof Spout” on the portable fuel container or spout, respectively, on any sticker or label affixed to the product, or on any

acc ompanying package.

754.6 Each manufacturer of a portable fuel container or spout subject to and complying

with § 752 that due to its design or other features cannot be used to refuel one (1)

or more on

- road motor vehicle, must clearly display the phrase “Not Intended For Refueling On

- Road Motor Vehicles” in type of thirty

- four (34) point or greater on each of the following:

(a) For a portable fuel container or portable fuel container and spout sold together as a spill

- proof system, on the system or on a label affixed thereto, and on the accompanying package, if any; and

(b) For a spill

- proof spout sold separately from a spill

- proof system, on either the spill

- proof spout, or a label affixed thereto, and on the accompanying package, if any.

SECTIONS 7 55

- 778 ARE NEW SECTIONS, ADDED AS FOLLOWS:

755 PORTABLE FUEL CONTAINERS AND SPOUTS

– CERTIFICATION

AND COMPLIANCE TEST PROCEDURES

755.1 Testing to determine compliance with § 752 shall be performed by using test

procedures specified in “CP

- 501, Certifica tion Procedure for Portable Fuel Containers and Spill

- Proof Spouts,” adopted by CARB on July 26, 2006, including any subsequent amendments, which are incorporated by reference

herein.

755.2 Alternative methods that are shown to be accurate, precise, and a ppropriate may

be used upon written approval of the Department.

755.3 Test procedures referred to in this section can be obtained from the Department

and may be available at http://www.arb.ca.gov

.

756 PORTABLE FUEL C ONTAINERS AND SPOUTS

– ENFORCEMENT82

756.1 If the Department finds any manufacturer, distributor, or retailer manufacturing

for sale, advertising for sale, selling, or offering for sale in the District of Columbia a portable fuel container or spout, or bo th portable fuel container and spout that does not comply with the requirements set forth in this article, the Department may enjoin said manufacturer, distributor, or retailer from any further manufacture, advertisement, sales, offers for sale, or distrib ution of such noncompliant portable fuel containers or spouts or combination portable fuel containers and spouts, in the District of Columbia pursuant to 20 DCMR c hapter

1. The Department may also assess penalties to the extent permissible under 20

DCMR § 105.

756.2 Before seeking remedial action against any manufacturer, distributor, or retailer,

the Department will consider any information provided by the manufacturer, distributor, or retailer.

757 PORTABLE FUEL CONTAINERS AND SPOUTS

– INNOVATIVE

PRODUC T EXEMPTION

757.1 Portable fuel containers, spouts, or combination portable fuel containers and

spouts which have been granted an innovative product exemption by the CARB, shall be exempt from the requirements in §752 for the period of time that the

CARB Innovative Products exemption remains in effect.

757.2 Any manufacturer claiming an exemption on the CARB Innovative Products basis

shall submit to the Department, a copy of the CARB exemption decision, including but not limited to, the executive order an d all conditions established by CARB applicable to the exemption.

757.3 The District may exempt a portable fuel container or spout from one (1) or more

of the requirements of § 752 if a manufacturer demonstrates by clear and convincing evidence that, due to the product’s design, delivery system, or other factors, the use of the product will result in cumulative VOC emissions below the highest emitting representative spill

- proof system or representative spill

- proof spout in its product category as determin ed from applicable testing.

757.4 For the purposes of this section, a “representative spill

- proof system” or a

“representative spill

- proof spout” means a portable fuel container, spout, or combination portable fuel container and spout which, at the tim e of exemption, meets the performance standards specified in § 752 or the Certification Requirements Specified in “CP

- 501, Certification Procedure for Portable Fuel Containers and Spill

- Proof Spouts,” adopted by CARB July 26, 2006, including any subsequent amendments.

757.5 A manufacturer shall submit an application in writing to the Department for an

innovative product exemption according to the following requirements:83 (a) The application must include the supporting documentation that quantifies

the e missions from the innovative product, including the actual physical test methods used to generate the data;

(b) The applicant must provide any information necessary to enable the Department to establish enforceable conditions for granting the exemption; and

(c) All information including proprietary data submitted by a manufacturer pursuant to this section shall be handled in accordance with the District of Columbia confidentiality requirements in 20 DCMR § 106.

757.6 Within thirty (30) days of r eceipt of the exemption application, the Department

shall notify the applicant in writing either that the application is complete or that additional information or testing is required before it can be deemed complete;

757.7 Within ninety (90) days aft er an application has been deemed complete, the

Department will determine whether, under what conditions, and to what extent, an exemption from the requirements of § 752 will be permitted:

(a) The applicant and the Department may mutually agree to a long er time period for reaching a decision;

(b) An applicant may submit additional supporting documentation before a decision has been reached; and

(c) The Department shall notify the applicant of the decision in writing and specify such terms and conditio ns that are necessary to ensure that emissions from use of the product will meet the performance standards specified in § 752, and that such emissions reductions can be enforced.

757.8 In granting an innovative product exemption for a portable fuel con tainer or

spout, the Department shall specify the test methods for determining conformance to the conditions established, which may include criteria for reproducibility, accuracy, and sampling and laboratory procedures.

757.9 For any portable fuel cont ainer or spout for which an innovative product

exemption has been granted pursuant to this section, the manufacturer shall notify the Department in writing at least thirty (30) days before the manufacturer changes a product’s design, delivery system, or ot her factors that may a ffect the VOC emissions during recommended usage; the manufacturer shall notify the Department within thirty (30) days after the manufacturer learns of any information that would alter the emissions estimates submitted to the Departme nt in support of the exemption application.

757.10 If the Performance Standards specified in § 752 are amended for a product84 category, all innovative product exemptions granted for products in the product category, except as provided in § 757.11, have no effect as of the effective date of the amended performance standards.

757.11 If the Department believes that a portable fuel container or spout for which an

exemption has been granted no longer meets the criteria for an innovative product specified in t his section, the Department may hold a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code § § 2

- 501

, et seq

. (2006 Repl.) , before a final determination.

758 PORTABLE FUEL CONTAI NERS AND SPOUTS

– VA RIANCE

758.1 Portable fuel containers, spouts, or combination portable fuel containers and

spouts, which have been granted a variance by CARB, shall be exempt from the requirements in § 752 for the period of time that the CARB variance remains in

effect.

758.2 Any manufacturer claiming such a variance on this basis must submit to the

Department a copy of the CARB variance decision ( such as, the Executive Order), including all conditions established by CARB as applicable to the variance.

758.3 Any perso n or manufacturer who cannot comply with the requirements set forth in

§ 752, due to extraordinary reasons beyond the person’s reasonable control, may apply in writing to the Department for a variance. The variance application shall include the following i nformation:

(a) The specific grounds upon which the variance is sought;

(b) The proposed dates by which compliance with the provisions of § 752 will be achieved; and

(c) A compliance report detailing the methods by which compliance will be

achieved.

758.4 No variance shall be granted by the Department unless all of the following

findings are made:

(a) Due to circumstances beyond the reasonable control of the applicant, required compliance with § 752 would result in extraordinary economic

hardshi p;

(b) The public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and85 (c) The compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible.

758.5 Any approval of a variance by the Department shall specify a final compliance

date wherein compliance with the re quirements of § 752 will be achieved. Any approval of a variance shall contain a condition that specifies increments of progress necessary to ensure timely compliance, and such other conditions that the Department, in consideration of the testimony receive d at the hearing, finds necessary to carry out the purposes of this regulation.

758.6 A variance shall cease to be effective upon failure of the party to whom the

variance was granted to comply with any term or condition of the variance.

758.7 Upon t he application of any person, the Department may review, and for good

cause, modify or revoke a variance from requirements of § 752 after holding a public hearing in accordance with the District of Columbia Administrative Procedures Act, D.C. Official Code § § 2

- 501

, et seq

. (2006 Repl.).

759 [ RESERVED ]

760 [ RESERVED ]

761 [ RESERVED ]

762 [ RESERVED ]

763 SOLVENT CLEANING

– GENERAL REQUIREMENTS

763.1 Sections 763 through 769 shall apply to any person who sells, supplies, offers for

sale, or manufactu res any solvent on or after January 1, 2005, for use in the

District of Columbia.

763.2 For purposes of §§ 763 through 769 and any of the definitions in §799 applicable

to §§ 763 through 769, the District incorporates by reference rules and test

methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited.

763.3 Each part of §§ 763 through 769 shall be deemed severable , and if any part is held

to be invalid, the remainder shall continue in full force.

764 SOLVENT CLEANING

– COLD CLEANING

764.1 This section applies to all cold cleaning machines that process metal parts and

contain more than one liter (1 L ) of VOC. The provisions of this section shall not apply if the owner and operator of the cold cleaning machine demonstrates, and86 the District approves in writing, that compliance with this section will result in unsafe operating conditions.

764.2 Immersion cold clea ning machines shall have a freeboard ratio of seventy

- five

one hundredths (0.75) or greater, unless the machines are equipped with covers that are kept closed except when parts are being placed into or are being removed

from the machine.

764.3 Immersion cold cleaning machines and remote reservoir cold cleaning machines

shall:

(a) Have a permanent, conspicuous label summarizing the operating requirements in § 764.4; and

(b) Be equipped with a cover that shall be closed at all times except during

clea ning of parts or the addition or removal of solvent. For remote reservoir cold cleaning machines that drain directly into the solvent storage reservoir, a perforated drain with a diameter of not more than six

inches (6 in. ) shall constitute an acceptable c over.

764.4 Cold cleaning machines shall be operated in accordance with the following

procedures:

(a) Waste solvent shall be collected and stored in closed containers. The closed containers may contain a device that allows pressure relief, but

does n ot allow liquid solvent to drain from the container;

(b) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer;

(1) Parts having cavities or blind holes shall be tipped or rotated while the part is draining; and

(2) During the draining, tipping or rotating, the parts shall be positioned so that solvent drains directly back to the cold cleaning

machine ;

(c) Flushing of parts using a flexible hose or other flushing device shall be performed only w ithin the freeboard area of the cold cleaning machine. The solvent spray shall be a solid fluid stream, not an atomized or shower spray, at a pressure that does not exceed ten pounds (10 lb. ) per square inch gauge (psig);

(d) The owner or operator shall ensure that when the cover is open, the cold cleaning machine is not exposed to drafts greater than forty meters (40 m. ) per minute ( one hundred thirty

- two feet ( 132 ft.) per minute), as measured87 between one meter (1 m. ) and two meters (2 m. ) ( three and t hree tenths feet ( 3.3 ft.) and six and six tenths feet (6.6 ft.) upwind, and at the same elevation as the tank lip;

(e) Sponges, fabric, wood, leather, paper products

, and other absorbent materials shall not be cleaned in the cold cleaning machine;

( f) When a pump

- agitated solvent bath is used, the agitator shall be operated to produce a rolling motion of the solvent with no observable splashing of the solvent against the tank walls or the parts being cleaned. Air

- agitated solvent baths may not be u sed;

(g) Spills during solvent transfer and use of the cold cleaning machine shall be cleaned up immediately, and the wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(h) Work area fa ns shall be located and positioned so that they do not blow across the opening of the degreaser unit; and

(i) The owner or operator shall ensure that the solvent level does not exceed

the fill line.

764.5 Any solvent for use in a cold cleaning machin e shall not have a vapor pressure of

one millimeter of mercury (1.0 mm

. Hg) or greater, measured at twenty degrees Celsius (20 o C ) or sixty

- eight degrees Fahrenheit ( 68° F ) containing VOCs;

764.6 A person who sells or offers for sale any solvent conta ining VOCs for use in a

cold cleaning machine shall provide the following written information to the purchaser:

(a) The name and address of the solvent supplier;

(b) The type of solvent, including the product or vendor identification number; and

(c) The vapor pressure of the solvent, measured in millimeters of mercury (mm Hg) at twenty degrees Celsius (20 o C ) or sixty

- eight degrees Fahrenheit ( 68° F ); and

764.7 A person who operates a cold cleaning machine shall maintain for not less than

two (2) years and shall provide to the Department, on request, the information specified in § 764.6. An invoice, bill of sale, certificate that corresponds to a number of sales, Material Safety Data Sheet (MSDS), or other appropriate documentation acceptable to t he Department may be used to comply with this

section.88

765 SOLVENT CLEANING

– BATCH VAPOR CLEANING

765.1 This section applies to batch vapor cleaning machines that process metal parts.

765.2 Batch vapor cleaning machines shall be equipped with:

(a) Either a fully enclosed design, or a working and downtime mode cover that completely covers the cleaning machine openings when in place, is free of cracks, holes

, and other defects, and can be readily opened or closed without disturbing the vapor zone;

(1) If the solvent cleaning machine opening is greater than ten square feet (10 sq. ft. ), the cover must be powered; and

(2) If a lip exhaust is used, the closed cover shall be below the level of the lip exhaust;

(b) Sides that result in a freeboard ratio greater than or equal to seventy

- five one hundredths (0.75);

(c) A safety switch (thermostat and condenser flow switch) that shuts off the sump heat if the coolant is not circulating;

(d) A vapor up control switch that shuts off th e spray pump if vapor is not

present;

(e) An automated parts handling system that moves the parts or parts baskets at a speed of eleven feet (11 ft. ) ( three and four tenths meters ( 3.4 m .) ) per minute or less when the parts are entering or exiting the v apor zone. If the parts basket or parts being cleaned occupy more than fifty percent (50%) of the solvent/air interface area, the speed of the parts basket or parts shall

not exceed three feet (3 ft. ) per minute;

(f) A device that shuts off the sump hea t if the sump liquid solvent level drops to the sump heater coils;

(g) A vapor level control device that shuts off the sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser;

(h) A primary condenser;

(i) A vapor cleaning machine that uses a lip exhaust shall be designed and operated to route all collected solvent vapors through a properly operated and maintained carbon adsorber such that the concentration of organic89 solvent in the exhaust does not exceed one hundred parts per million ( 100 ppm); and

(j) A permanent, conspicuous label summarizing the operating requirements found in § 765.5.

765.3 In addition to the requirements in § 765. 2 , the operator of a batch vapor cleaning

machine with a so lvent/air interface area of thirteen square feet (13 sq. ft. ) or less shall use one of the following devices or strategies:

(a) A working mode cover, freeboard ratio of one (1.0), and superheated

vapor;

(b) A freeboard refrigeration device operated t o ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and superheated vapor;

(c) A working mode cover and a freeboard refrigeration device operated to

ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point;

(d) Reduced room draft, freeboard ratio of one (1.0), and superheated vapor;

(e) A freeboard refrigeration device operated to ensure that the chilled air

blanket tem perature is no greater than thirty percent (30%) of the solvent’s boiling point and reduced room draft;

(f) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solve nt’s boiling point and a freeboard ratio of one (1.0);

(g) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and dwell. Dwell shall be not less than thirty

- five percent (35%) of the dwell time determined for the part or parts;

(h) Reduced room draft, dwell, and a freeboard ratio of one (1.0);

(i) A freeboard refrigeration device operated to ensure that the chilled air blanket temperatur e is no greater than thirty percent (30%) of the solvent’s boiling point and a carbon adsorber which reduces solvent emissions in

the exhaust to a level not to exceed one hundred parts per million (100

ppm ) at any time; and90 (j) A freeboard ratio of one (1.0), superheated vapor, and a carbon adsorber

which reduces solvent emissions in the exhaust to a level not to exceed

one hundred parts per million (100 ppm ) at any time.

765.4 In addition to the requirements of § 765.2, the operator of a batch vapor cleaning

machine with a solvent/air interface area of greater than thirteen square feet (13 sq. ft. ) shall use one of the following devices or strategies:

(a) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature i s no greater than thirty percent (30%) of the solvent’s boiling point, a freeboard ratio of one (1.0), and superheated vapor;

(b) Dwell and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than t hirty percent (30%) of the solvent’s boiling point, and reduced room draft. Dwell shall be not less than thirty

- five percent (35%) of the dwell time determined for the part or

parts;

(c) A working mode cover and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and superheated vapor;

(d) Reduced room draft, freeboard ratio of one (1.0), and superheated vapor;

(e) A freeboard refrige ration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, reduced room draft, and superheated vapor;

(f) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point, reduced room draft, and a freeboard ratio of one (1.0); or

(g) A freeboard refrigeration device operated to ensure that the chilled air blanket temp erature is no greater than thirty percent (30%) of the solvent’s boiling point, superheated vapor, and a carbon adsorber

, which reduces

solvent emissions in the exhaust to a level not to exceed one hundred parts per million (100 ppm ) at any time.

765.5 Batch vapor cleaning machines shall be operated in accordance with the following

procedures:

(a) Waste solvent, still bottoms

, and sump bottoms shall be collected and

stored in closed containers. The closed containers may contain a device that allows pr essure relief but does not allow liquid solvent to drain from the container;91 (b) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer:

(1) Parts having cavities or blind holes shall be tipped or ro tated while the part is draining; and

(2) A superheated vapor system shall be an acceptable alternate technology;

(c) Parts baskets or parts shall not be removed from the batch vapor cleaning machine until dripping has ceased;

(d) Flushing or spray ing of parts using a flexible hose or other flushing device shall be performed within the vapor zone of the batch vapor cleaning machine or within a section of the machine that is not exposed to the

ambient air. The solvent spray shall be a solid fluid str eam, not an atomized or shower spray;

(e) When the cover is open, the batch vapor cleaning machine shall not be exposed to drafts greater than forty meters (40 m. ) per minute ( one hundred thirty

- two feet ( 132 ft.) per minute), as measured between one

me ter (1 m. ) and two meters (2 m. ) ( three and three tenths feet ( 3.3 ft.) and six and six tenths feet ( 6.6 ft.) upwind and at the same elevation as the tank lip;

(f) Sponges, fabric, wood, leather, paper products

, and other absorbent

materials shall not b e cleaned in the batch vapor cleaning machine;

(g) Spills during solvent transfer and use of the batch vapor cleaning machine shall be cleaned up immediately or the machine shall be shut down. Wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(h) Work area fans shall be located and positioned so that they do not blow across the opening of the batch vapor cleaning machine;

(i) During startup of the batch vapor cleaning machine the pri mary condenser shall be turned on before the sump heater;

(j) During shutdown of the batch vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off;

(k) Whe n solvent is added to or drained from the batch vapor cleaning machine, the solvent shall be transferred using threaded or other leak proof92 couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface;

(l) T he working and downtime covers shall be closed at all times except during parts entry and exit from the machine, during maintenance of the machine when the solvent has been removed, and during addition of solvent to the machine; and

(m) If a lip exhaust is used on the open top vapor degreaser, the ventilation rate shall not exceed twenty meters cubed per minute per meters squared (20 m

. 3 /min

. /m

. 2 ) or sixty

- five feet cubed per minute per feet squared ( 65

ft

. 3 /min

. /ft

. 2 ) of degreaser open area, unless a hi gher rate is necessary to meet federal Occupational Safety & Health Administration (OSHA) requirements.

766 SOLVENT CLEANING

– IN

- LINE VAPOR CLEANING

766.1 This section applies to in

- line vapor cleaning machines.

766.2 In

- line vapor cleaning machine s shall be equipped with:

(a) Either a fully enclosed design, or a working and downtime mode cover that completely covers the cleaning machine openings when in place, is free of cracks, holes

, and other defects, and can be readily opened or

closed witho ut disturbing the vapor zone;

(b) A safety switch (thermostat and condenser flow switch) that shuts off the sump heat if the coolant is not circulating;

(c) Sides that result in a freeboard ratio greater than or equal to seventy

- five one hundredths ( 0.75);

(d) A vapor up control switch;

(e) An automated parts handling system that moves the parts or parts baskets at a speed of eleven feet (11 ft .) or three and four tenths meters ( 3.4 m.) per minute or less when the parts are entering or exiting the vapor zone. If the parts basket or parts being cleaned occupy more than fifty percent (50%) of the solvent/air interface area, the speed of the parts basket or parts shall not exceed three feet per minute (3 ft

. /min

. ) ;

(f) A device that shuts off the su mp heat if the sump liquid solvent level drops to the sump heater coils;93 (g) A vapor level control device that shuts off the sump heat if the vapor level in the vapor cleaning machine rises above the height of the primary condenser;

(h) A permanent, co nspicuous label summarizing the operating requirements in § 766.4;

(i) A primary condenser; and

(j) Each machine that uses a lip exhaust shall be designed and operated to route all collected solvent vapors through a properly operated and

maintained carb on adsorber such that the concentration of organic solvent in the exhaust does not exceed one hundred parts per million ( 100 ppm).

766.3 The operator of an in

- line vapor cleaning machine shall use one (1) of the

following devices or strategies:

(a) A freeboard ratio of one (1.0) and superheated vapor;

(b) A freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point and a freeboard ratio of one (1.0) ;

(c) Dwell and a freeboard refrigeration device operated to ensure that the chilled air blanket temperature is no greater than thirty percent (30%) of the solvent’s boiling point. Dwell shall be not less than thirty

- five percent (35%) of the dwell time determined for the part or parts; or

(d) Dwell and a carbon adsorber

, which reduces solvent emissions in the

exhaust to a level not to exceed one hundred parts per million (100 ppm ) at any time. Dwell shall be not less than thirty

- five percent (35%) of t he dwell time determined for the part or parts.

766.4 In

- line vapor cleaning machines shall be operated in accordance with the

following procedures:

(a) Waste solvent, still bottoms, and sump bottoms shall be collected and

stored in closed containers

. The closed containers may contain a device that allows pressure relief, but does not allow liquid solvent to drain from the container;

(b) Parts shall be oriented so that the solvent drains freely from the parts;

(1) Cleaned parts shall be drained a t least fifteen (15) seconds or until dripping ceases, whichever is longer; and94 (2) Parts having cavities or blind holes shall be tipped or rotated while the part is draining;

(c) Parts baskets or parts shall not be removed from the in

- line vapor cle aning machine until dripping has ceased;

(d) Flushing or spraying of parts using a flexible hose or other flushing device shall be performed within the vapor zone of the in

- line vapor cleaning machine or within a section of the machine that is not expose d to the

ambient air. The solvent spray shall be a solid fluid stream, not an atomized or shower spray;

(e) Sponges, fabric, wood, leather, paper products

, and other absorbent

materials shall not be cleaned in the in

- line vapor cleaning machine;

(f) Sp ills during solvent transfer and use of the in

- line vapor cleaning machine shall be cleaned up immediately, and the wipe rags or other absorbent materials shall be immediately stored in covered containers for disposal or recycling;

(g) Workplace fans sha ll not be used near the degreaser opening unless a higher rate is necessary to meet federal Occupational Safety & Health Administration (OSHA) requirements;

(h) During startup of the in

- line vapor cleaning machine the primary

condenser shall be turned on before the sump heater;

(i) During shutdown of the in

- line vapor cleaning machine, the sump heater shall be turned off and the solvent vapor layer allowed to collapse before the primary condenser is turned off;

(j) Spraying operations shall be done in the vapor zone or within a section of the machine that is not exposed to the ambient air;

(k) When solvent is added to or drained from the in

- line vapor cleaning machine, the solvent shall be transferred using threaded or other leak proof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface; and

(l) Openings shall be minimized during operations so that entrances and exits silhouette workloads with an average clearance between the parts and the edge o f the degreaser opening of less than ten centimeters (10 cm .) or four inches ( 4 in.) or less than ten percent (10%) of the width of the opening.

767 SOLVENT CLEANING

– AIRLESS AND AIR

- TIGHT CLEANING95

767.1 This section applies to airless cleaning machin es and air

- tight cleaning machines

that process metal parts.

767.2 The operator of each machine shall maintain a log of solvent additions and

deletions for each machine that includes the weight of solvent contained in

activated carbon or other absorbent materials used to control emissions from the cleaning machine;

767.3 The operator of each machine shall demonstrate that the emissions from each

machine, on a three (3) month rolling average, are equal to or less than the allowable limit determined by th e use of Table I in this section or the following equation if the volume of the cleaning machine exceeds two and ninety

- five one hundredths cubic meters ( 2.95 m

. 3 ) :

EL = 330 (vol

. ) 0.6

where:

EL = the three

- month rolling average monthly emis sion limit

(kilograms/month);

vol

. = the cleaning capacity of machine (cubic meters);

Table I. Emission Limits for Cleaning Machines without a Solvent/Air Interface

Cleaning Capacity

(m

. 3 ) 3

- Month rolling

average monthly

emission limit (kilograms/mon th) Cleaning

Capacity

(m

. 3 ) 3

- Month rolling

average monthly

emission limit (kilograms/month) Cleaning

Capacity

(m

. 3 ) 3

- Month rolling

average monthly

emission limit (kilograms/month)

0.00 0 1.00 330 2.00 500

0.05 55 1.05 340 2.05 508

0.10 83 1.10 349 2.1 0 515

0.15 106 1.15 359 2.15 522

0.20 126 1.20 368 2.20 530

0.25 144 1.25 377 2.25 537

0.30 160 1.30 386 2.30 544

0.35 176 1.35 395 2.35 551

0.40 190 1.40 404 2.40 558

0.45 204 1.45 412 2.45 565

0.50 218 1.50 421 2.50 57296

Cleaning Capacity

(m

. 3 ) 3

- Month rolling

average monthly

emission limit (kilograms/mon th) Cleaning

Capacity

(m

. 3 ) 3

- Month rolling

average monthly

emission limit (kilograms/month) Cleaning

Capacity

(m

. 3 ) 3

- Month rolling

average monthly

emission limit (kilograms/month)

0.55 231 1.55 429 2.55 57 9

0.60 243 1.60 438 2.60 585

0.65 255 1.65 446 2.65 592

0.70 266 1.70 454 2.70 599

0.75 278 1.75 462 2.75 605

0.80 289 1.80 470 2.80 612

0.85 299 1.85 477 2.85 619

0.90 310 1.90 485 2.90 625

0.95 320 1.95 493 2.95 632

767.4 The operator of each machine shall operate the machine in conformance

with the manufacturer’s instructions and good air pollution control practices;

767.5 The operator of each machine equipped with a solvent adsorber shall

measure and record the concentration of solvent in the exhaust o f the carbon adsorber weekly with a colorimetric detector tube designed to measure a concentration of one hundred parts per million ( 100 ppm) by volume of solvent to air at an accuracy of plus or minus twenty

- five parts per million (25 ppm ) by

volume. This test shall be conducted while the solvent cleaning machine is in the working mode and is venting to the adsorber;

767.6 The operator of each machine equipped with a solvent adsorber shall maintain and

operate the machine and adsorber system so that emis sions from the adsorber

exhaust do not exceed one hundred parts per million (100 ppm ) by volume, measured while the solvent cleaning machine is in the working mode and is venting to the adsorber;

767.7 The machine shall be equipped with a permanent, con spicuous label summarizing

the operating requirements in § 767.8;

767.8 Airless cleaning machines and air

- tight cleaning machines shall be operated in

accordance with the following procedures:

(a) Waste solvent, still bottoms, and sump bottoms shall be collected and

stored in closed containers. The closed containers may contain a device that allows pressure relief but does not allow liquid solvent to drain from the container;97 (b) Parts shall be oriented so that the solvent drains freely from the parts:

(1) Cleaned parts shall be drained at least fifteen (15) seconds or until dripping ceases, whichever is longer; and

(2) Parts having cavities or blind holes shall be tipped or rotated while the part is draining;

(c) Parts baskets or pa rts shall not be removed from the in

- line vapor cleaning machine until dripping has ceased;

(d) Sponges, fabric, wood, leather, paper products and other absorbent materials shall not be cleaned in the airless cleaning machines and air

- tight cleaning mac hines;

(e) Spills during solvent transfer and use of the airless cleaning machines and

air

- tight cleaning machines shall be cleaned up immediately, and the wipe rags or other absorbent materials shall be immediately stored in covered containers for disp osal or recycling;

(f) Work area fans shall be located and positioned so that they do not blow across the airless cleaning machine and air

- tight cleaning machine;

(g) Spraying operations shall be done in the vapor zone or within a section of

the mach ine that is not exposed to the ambient air; and

(h) Solvents shall be transferred using threaded or other leak proof couplings and the end of the pipe in the solvent sump shall be located beneath the liquid solvent surface when solvent is added to or dr ained from the airless cleaning machine and air

- tight cleaning machine.

768 SOLVENT CLEANING

– ALTERNATIVE COMPLIANCE

768.1 As an alternative to complying with the provisions of §§ 764 through 767, the

operator of a solvent cleaning machine may demonst rate compliance with § 768.3

and 768.4.

768.2 The operator shall maintain records sufficient to demonstrate compliance. The

records, which shall be maintained for not less than two (2) years, shall include, at a minimum, the quantity of solvent added to and removed from the solvent cleaning machine, and the dates of the addition and removal.

768.3 If the cleaning machine has a solvent/air interface, the owner or operator shall:98 (a) Maintain a log of solvent additions and deletions for each solvent cleaning machine; and

(b) Ensure that emissions from each solvent cleaning machine are equal to or less than the applicable emission limit presented in Table II of this section.

Table II. Emission limits for Batch Vapor and In

- Line Solvent Cleaning Ma chines with a

Solvent/Air Interface

Solvent Cleaning Machine Three (3) Month Rolling Average (kg

. /m

. 2 /month) Monthly Emission

Limit: (lb

. /ft

. 2 /month) Solvent cleaning machines batch vapor 150 30.7

Existing in

- line solvent cleaning machines 153 31.3

Ne w in

- line solvent cleaning

machines 99 20.2

768.4 If the cleaning machine is a batch vapor cleaning machine and does not have a

solvent/air interface, the owner or operator shall:

(a) Maintain a log of solvent additions and deletions for each solvent cleaning machine; and

(b) Ensure that the emissions from each solvent cleaning machine are equal to or less than the appropriate limits as described in § 768.5 and 768.6. Each owner or operator of a batch vapor or in

- line cleaning machine shall

demonst rate compliance with the applicable three (3) month rolling average monthly emission limit on a monthly basis.

768.5 For cleaning machines with a cleaning capacity that is less than or equal to two

and ninety

- five one hundredths cubic meters (2.95 m

. 3 ), the emission limit shall be determined using Table I in § 767 .3 or the equation in § 768.6. If the table is used, and the cleaning capacity of the cleaning machine falls between two cleaning capacity sizes, then the lower of the two (2) emission limits applies;

768.6 For cleaning machines with a cleaning capacity that is greater than two and

ninety

- five one hundredths cubic meters (2.95 m

. 3 ), the emission limit shall be determined using the following equation:

EL = 330 (vol) 0.6

where:99 EL = the three (3) month rolling average monthly emission limit

(kilograms/month);

vol = the cleaning capacity of machine (cubic meters);

768.7 Each owner or operator of a batch vapor or in

- line solvent cleaning machine shall

demonstrate compliance with the applicable three (3) month rolling average monthly emission limit on a monthly basis. If the applicable three (3) month rolling average emission limit is not met, an exceedance has occurred. All exceedances shall be reported to the District within thirty ( 30) days of the

determination of the exceedance.

768.8 The owner or operator of a batch vapor or in

- line solvent cleaning machine shall

maintain records and determine compliance in accordance with the following:

(a) On the first operating day of eve ry month ensure that the solvent cleaning machine system contains only clean liquid solvent;

(1) This includes, but is not limited to, fresh unused solvent, recycled solvent, and used solvent that has been cleaned of soils;

(2) A fill line must be in dicated during the first month the measurements are made;

(3) The solvent level within the machine must be returned to the same

fill

- line each month, immediately before calculating monthly emissions; and

(4) The solvent cleaning machine does not have to be emptied and

filled with fresh unused solvent before the calculations.

(b) Using the records of all solvent additions and deletions for the previous monthly reporting period, determine solvent emissions using one (1) of the following equations:

(1) For cleaning machines with a solvent/air interface:

where:

E = the total halogenated HAP solvent emissions

from the solvent cleaning machine during the most recent monthly reporting period100 (kilograms of solvent pe r square meter of solvent/air interface area per month);

SA = the total amount of halogenated HAP liquid solvent

added to the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

LSR = the t otal amount of halogenated HAP liquid solvent

removed from the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

SSR = the total amount of halogenated HAP solvent removed

from the solvent cleani ng machine in solid waste during the most recent monthly reporting period (kilograms of solvent per month) determined from tests conducted using EPA reference method 25d or by engineering calculations included in the compliance report;

Area = the solv ent/air interface area of the solvent cleaning

machine (square meters); or

(2) For cleaning machines without a solvent/air interface:

E = SA

- LSR

- SSR

where:

E = the total halogenated HAP solvent emissions from the

solvent cleaning machine during th e most recent monthly reporting period (kilograms of solvent per month);

SA = the total amount of halogenated HAP liquid solvent

added to the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

LSR = the total amount of halogenated HAP liquid solvent

removed from the solvent cleaning machine during the most recent monthly reporting period (kilograms of solvent per month);

SSR = the total amount of halogenated HAP solvent removed

from the s olvent cleaning machine in solid waste during101 the most recent monthly reporting period (kilograms of solvent per month) determined from tests conducted using EPA reference method 25d (40 C.F.R. § 60) or by engineering calculations included in the complianc e report; and

(c) Determine the monthly rolling average, EA, for the three (3) month period ending with the most recent reporting period using one (1) of the following equations:

(1) For cleaning machines with a solvent/air interface:

where:

EA = the average halogenated HAP solvent emissions

over the preceding three (3) monthly reporting periods, (kilograms of solvent per square meter of solvent/air interface area per month);

E = halogenated HAP solvent emissio ns for each month (j)

for the most recent three (3) monthly reporting periods (kilograms of solvent per square meter of solvent/air interface area);

j=1 = the most recent monthly reporting period;

j=2 = the monthly reporting period immediately before j=1;

j=3 = the monthly reporting period immediately before j=2;

or

(2) For cleaning machines without a solvent/air interface:

where:

EA = the average halogenated HAP solvent emissions over

the preceding three (3) monthly reporting periods (kilograms of solvent per month);102 E = halogenated HAP solvent emissions for each month (j)

for the most recent three (3) monthly reporting periods (kilograms of solvent per month);

j=1 = the most recent monthly reporting period;

j=2 = the monthly reporting period immediately before j=1;

j=3 = the monthly reporting period immediately before j=2.

769 SOLVENT CLEANING

– RECORDKEEPING AND MONITORING

769.1 The operator of a solvent cle aning machine subject to §§ 764 through 767 shall

conduct monitoring and record keeping as follows:

(a) If a freeboard refrigeration device is used to comply with these standards, the owner or operator shall use a thermometer or thermocouple to measure

t he temperature at the center of the air blanket during the idling mode. Measurements and recordings shall be made weekly;

(b) If a superheated vapor system is used to comply with these standards, the owner or operator shall use a thermometer or thermocou ple to measure the temperature at the center of the superheated solvent vapor zone while the solvent cleaning machine is in the idling mode. Measurements and recordings shall be made weekly;

(c) If a cover (working

- mode, downtime

- mode, or idling

- mode cove r) is used to comply with these standards, the owner or operator shall conduct a visual inspection to determine if the cover opens and closes properly, completely covers the cleaning machine openings when closed, and is free of cracks, holes, and other def ects. Observations and recordings shall be made weekly;

(d) If dwell is used, the owner or operator shall determine the actual dwell time by measuring the period of time that parts are held within the freeboard area of the solvent cleaning machine after cleaning. Observations and recordings shall be made monthly;

(e) The owner or operator shall determine the hoist speed by measuring the time it takes for the hoist to travel a measured distance. The speed is equal to the distance in meters divided by the time in minutes (meters per minute). Measurements and recordings shall be made monthly;

(f) The owner or operator of a batch vapor or in

- line solvent cleaning machine complying using reduced room draft, maintained by controlling103 room parameters includin g but not limited to redirecting fans, and closing doors and windows, shall conduct monitoring and record the results as

follows:

(1) Initially measure the wind speed within six inches (6 in. ) above the top of the freeboard area of the solvent cleaning ma chine in accordance with the following:

(A) Determine the direction of the wind current by slowly rotating a velometer or similar device until the maximum speed is located;

(B) Orient a velometer in the direction of the wind current at

each of the four corners of the machine;

(C) Record the reading for each corner; and

(D) Average the values obtained at each corner and record the average wind speed;

(2) Record the room parameters established during the initial compliance test to achieve the reduced ro om draft;

(3) Quarterly monitor the wind speed in accordance with subparagraph (f)(1) of this section; and

(4) Weekly monitor the room parameters as specified in this section;

(g) If an enclosure, full or partial, is used to achieve reduced room draf t, the owner or operator shall conduct an initial monitoring test and, thereafter, monthly monitoring tests of the wind speed within the enclosure by slowly rotating a velometer inside the entrance to the enclosure until the maximum speed is located and re cord the maximum wind speed. The owner or operator shall also conduct a monthly visual inspection of the enclosure to determine if it is free of cracks, holes

, and other defects; and

(h) If a carbon adsorber is used to comply with these standards, the own er or operator shall measure and record the concentration of halogenated HAP solvent in the exhaust of the carbon adsorber weekly with a colorimetric detector tube;

(1) This test shall be conducted while the solvent cleaning machine is in the working mode and is venting to the carbon adsorber;

(2) The exhaust concentration shall be determined using a colorimetric detector tube designed to measure a concentration of one hundred104 parts per million (100 ppm) by volume of solvent in air to an accuracy of plus or minus twenty

- five parts per million ( 25 ppm) by volume; and

(3) The concentration shall be determined through a sampling port for monitoring within the exhaust outlet that is easily accessible and located at least eight (8) stack or duct diameters down stream and two (2) stack or duct diameters upstream from any flow disturbance such as a bend, expansion, contraction, or outlet;

downstream from no other inlet.

770 MISCELLANEOUS INDUSTRIAL SOLVENT CLEANING OPERATIONS

770.1 Except as provided in § 770.9 , after January 1, 2012 , any person who:

(a) Uses any industrial cleaning solvent in a solvent cleaning operation in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process where the facility emits at leas t fifteen pounds (15 lb. ) of VOC emissions in any one (1) day from all solvent cleaning operations shall be subject to this section through § 770.10(a);

(b) Sells, supplies, offers for sale, or manufactures any industrial cleaning

solvent for use in t he District of Columbia shall be subject to this section through § 770.10(a); or

(c) Uses any industrial cleaning solvent in a solvent cleaning operation in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process where the facility emits less than fifteen pounds (15 lb. ) of VOC emissions in any one (1) day from all solvent cleaning operations shall be subject to § 770.10(b).

770.2 Any solvent cleaning operation that becomes or is currently subject to the

p rovisions of this section by exceeding the applicability threshold in § 770.1(a) will remain subject to these provisions even if its throughput or emissions have fallen or later fall below the applicability threshold.

770.3 For purposes of § 770 and any o f the definitions in § 799 applicable to § 770, the

District incorporates by reference rules and test methods from the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited.

770.4 Each part of § 770 shall be deemed severable, and if any part is held to be invalid,

the remainder shall continue in full force.105

770.5 On and after January 1, 2012 , no person may use any industrial clean ing solvent

in a solvent cleaning operation unless:

(a) The person uses an industrial cleaning solvent that meets at least one of the following limitations:

(1) A content limit of fifty grams (50 g

. ) VOC per liter as applied including water and exempt compounds; or

(2) A composite vapor pressure of less than or equal to eight millimeters of mercury (8 mm

. Hg) at twenty degrees Celsius (20°

C ) or sixty

- eight degrees Fahrenheit ( 68° F ); or

(b) The person controls VOC emissions from the solvent cleanin g operation with an emission control system with an overall control efficiency of at least eight

- five percent (85%).

770.6 The VOC content of industrial cleaning solvents shall be determined by:

(a) EPA Reference Method 24 (Code of Federal Regulations, Title 40, Part 60, Appendix A), where the exempt compounds' content shall be determined by the South Coast Air Quality Management District's (SCAQMD) Method 303 (Determination of Exempt Compounds) contained in the SCAQMD "Laboratory Methods of Analysis for Enforcement Samples" manual; or

(b) SCAQMD Method 304 [Determination of Volatile Organic Compounds (VOC) in Various Materials] contained in the SCAQMD "Laboratory Methods of Analysis for Enforcement Samples" manual; and

(c) For the purposes of (a) and (b), exempt perfluorocarbon compounds will be analyzed as exempt compounds for compliance with § 770.4, only when manufacturers specify which individual compounds are used in the solvent formulation and identify the EPA and the District approved test

metho ds used to quantify the amount of each exempt compound.

770.7 The vapor pressure of the industrial cleaning solvent shall be determined using the

following methods:

(a) If the solvent subject to § 770.5 is composed of only one (1) VOC, the

vapor pressur e shall be determined by ASTM Method D

- 2879

- 86 or from a published source such as: Boublik, T., V. Fried and E. Hala, “ The Vapor Pressure of Pure Substances, ” Elsevier Scientific Publishing Company, New York (1973), or Perry’s Chemical Engineer’s Handbook, McGraw

Hill Book Company (1984), or CRC Handbook of Chemistry and Physics,106 Chemical Rubber Publishing Company (1986

- 87), or Lange’s Handbook of Chemistry, John A. Dean, editor, McGraw

- Hill Book Company (1985);

(b) If the industrial cleaning solvent subj ect to § 770.5 is composed of VOCs

and non

- VOCs, the vapor pressure shall be determined by the following equation:

P =

where:

P = Total vapor pressure of the VOC component of the solvent at twenty degrees Celsius ( 20° C ) or sixty

- eight degrees Fahrenheit ( 68o F) , in millimeters of mercury (mm

. Hg),

n = Number of VOCs in the solvent,

i = Subscript denoting an individual VOC,

Pi = Vapor pressure of the “i”th VOC at twenty degrees Celsius ( 20° C )

or sixty

- eight degrees Fahre nheit ( 68o F) determined pursuant to § 709.8(a), in mm Hg, and

Xi = Mole fraction of the “i”th VOC of the total solvent; or

(c) If the industrial cleaning solvent subject to § 770.5 is composed of only VOCs, the vapor pressure shall be determined by A STM Method D

- 2879

- 86 or by the equation in § 770.7(b).

770.8 A person who sells or offers for sale any solvent containing VOCs for use in a

solvent cleaning operation shall provide the following written information to the purchaser:

(a) The name and addr ess of the solvent supplier;

(b) The type of solvent including the product or vendor identification number;

and

(c) The vapor pressure of the solvent measured in millimeters of mercury (mm

. Hg) at twenty degrees Celsius (20 o C ) or sixty

- eight degrees

Fah renheit ( 68° F ); or

(d) The VOC content in grams per liter including exempt compounds.107

770.9 Subs ections 770.1 through 770.8 shall not apply on or after January 1, 2012 , to

any person who owns, operates, or leases:

(a) Any cold cleaning machine, batch vapor cleaning machine, in

- line vapor cleaning machine, airless cleaning machine, air

- tight cleaning machine, or other solvent cleaning machine subject to §§ 763 to 769;

(b) Cleaning and surface preparation operations at sources subject to §§ 710,
714, 71 6, 718, and 743 through 749;

(c) Products used to clean electrical and electronic components;

(d) Products used to clean high precision optics;

(e) Products used to clean numismatic dies;

(f) Products used to strip cured inks, coatings, and adhesives;

(g) Cleaning products used for janitorial purposes, including graffiti remover products;

(h) Products used to clean resin, coating, ink, and adhesive mixing, molding, and application equipment;

(i) Cleaning and surface preparation operations in research and development laboratories;

(j) Cleaning and surface preparation operations in medical device or pharmaceutical products manufacturing;

(k) Cleaning and surface preparation operations related to performance of quality assurance testing or performance testing of coatings, inks, or adhesives;

(l) Cleaning and surface preparation operations related to the application of coatings, inks, and adhesives to flexible packaging from presses, press parts, and areas around presses, including off

- line cleaning;

(m) Parts washers or cold cleaners for purposes other than removing inks, coatings

, and adhesives from flexible package printing presses.

(n) Cleaning and surface preparation operations related to application of coatings subject to regulation under §§ 77 3 to 778 (AIM) to the extent the coatings are used as architectural and industrial maintenance coatings;

(o) Printing operations using electron beam inks or ultraviolet inks;108 (p) Cleaning and surface preparation operations related to screen printing;

(q ) Cleaning and surface preparation operations related to specialty flexographic printing; or

(r) Cleaning and surface preparation operations related to magnet wire coating operations.

770.10 A ny person subject to:

(a) Subs ections 770.1(a) or (b) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows:

(1) The records shall include, but not be limited, to the information specified in § 770.7 or an invoice, bill of sale , certificate that corresponds to a number of sales, Material Safety Data Sheet (MSDS), or other appropriate documentation acceptable to the Department that may be used to comply with this section;

(2) The records shall provide sufficient data and calcula tions to clearly demonstrate that the emission limitations or control requirements

are met;

(3) Data or information required to determine compliance with an applicable limitation shall be recorded and maintained in a time frame consistent with the averagi ng period of the standard; and

(4) The records shall be retained at least two (2) years and shall be made available to the Department on request ; or

(b) Sub s ection 770.1(c) shall maintain records that clearly demonstrate to the Department that the facili ty’s emissions are below the applicability

threshold.

771 MISCELLANEOUS CLEANING AND VOC MATERIALS HANDLING

STANDARDS

771.1 On or after January 1, 2012 , any person who:

(a) Owns, operates, or leases any solvent cleaning operation subject to § 770

shall be sub

ject to §§ 771 through 771.4(a);

(b) Uses any process that applies coatings, inks, or adhesives to flexible packaging where the facility emits more than fifteen pounds (15 lb. ) of109 VOC emissions in any one (1) day before consideration of controls from

all processes involved in applying coatings, inks, or adhesives to flexible packaging, including related clean

- up activities shall be subject to §§ 771 through 771.4(a); and

(c) Uses any process that applies coatings, inks, or adhesives to flexible packaging where the facility emits less than fifteen pounds (15 lb. ) of VOC emissions in any one (1) day before consideration of controls from all processes involved in applying coatings, inks, or adhesives to flexible packaging, including related clean

- up activitie s shall be subject to § 771.4(b).

771.2 Any solvent cleaning operation or other process specified in § 771.1 that becomes

or is currently subject to the provisions of this section by exceeding the applicability threshold in § 771.1(a) or (b) shall remain subject to these provisions even if its throughput or emissions have fallen or later fall below the applicability

threshold.

771.3 No person subject to this § 771.1 shall use, handle, store, or dispose of VOC

containing materials coatings, solvents, indus trial cleaning solvents, inks, adhesives

and waste materials unless the person:

(a) Stores all VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives

, and waste materials in closed containers, except when depositing or removing these materials;

(b) Minimizes spills of VOC containing materials;

(c) Cleans up spills immediately;

(d) Conveys any VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, adhesives

, and waste materials in closed con tainers or pipes;

(e) Closes mixing vessels which contain VOC containing materials, coatings, solvents, industrial cleaning solvents, inks, and adhesives except when they are specifically in use;

(f) Minimizes emissions of VOCs during cleaning of storage , mixing, conveying, and other equipment; and

(g) Stores c loth and paper, or other absorbent applicators, moistened with coatings, solvents or cleaning solvents in closed, nonabsorbent, nonleaking containers.

771.4 A ny person subject to:110 (a) Subs ecti ons 771.1(a) or (b) shall keep records as may be necessary to determine emissions and compliance with the applicable limitation or control requirement as follows:

(1) The records shall provide sufficient data and calculations to

demonstrate clearly that t he emission limitations or control requirements are met;

(2) 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; and

(3) The records shall be retained at least two (2) years and shall be made available to the Department on request ; or

(b) Sub s ection 771.1(c) shall maintain records that clearly demonstrate to the Department that the facility’s emissions are below the applic ability

threshold.

772 [ RESERVED ]

773 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING

–

GENERAL REQUIREMENTS

773.1 Sections 773 through 778 apply to any person who supplies, sells, offers for sale,

manufactures, applies, blends, repackages, or solici ts the application of any architectural coating on or after January 1, 2005, within the District of Columbia, except as provided in § 775.

773.2 For purposes of §§ 773 through 778 and of any definitions in §799 applicable to

§§ 773 through 778 the Distr ict incorporates by reference rules and test methods from the United States Environmental Protection Agency (U.S. EPA), the Code of Federal Regulations (C

. F

. R

. ), the California Air Resource Board (CARB), the South Coast Air Quality Management District (SCA QMD), the Bay Area Air Quality Management District (BAAQMD), and the American Society for Testing and Materials (ASTM), where specifically cited.

773.3 Each part of §§ 773 through 778 shall be deemed severable, and if any part is held

to be invalid, the remainder shall continue in full force.

774 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING

–

STANDARDS

774.1 No person shall manufacture, blend, supply, sell, offer for sale, apply

, or solicit

the application of any architectural coating with a VOC co n tent in excess of the111 corresponding limit specified in the Table of Standards in § 774.10 , except as provided in §§ 774.2, 774.3, 774.8, and 774.10.

774.2 The most restrictive VOC content limit shall apply if anywhere on the container

of any architec tural coating, or any label or sticker affixed to the container, or in any sales, advertising, or technical liter ature supplied by a manufacturer or anyone acting on their behalf, any representation is made that indicates that the coating meets the defini tion of or is recommended for use for more than one (1) of the coating categories listed in the Table of Standards in § 774.10

. This pro

vision does not apply to the following coating categories:

(a) Lacquer coatings (including lacquer sanding sealers);

(b) Metallic pigmented coatings;

(c) Shellacs;

(d) Fire

- retardant coatings;

(e) Pretreatment wash primers;

(f) Industrial maintenance coatings;

(g) Low

- solids coatings;

(h) Wood preservatives;

(i) High

- temperature coatings;

(j) Temperature

- indicator sa fety coatings;

(k) Antenna coatings;

(l) Antifouling coatings;

(m) Flow coatings;

(n) Bituminous roof primers;

(o) Specialty primers, sealers, and undercoaters;

(p) Thermoplastic rubber coating and mastic;

(q) Calcimine recoaters;

(r) Impacted imme rsion coatings;112 (s) Nuclear coatings; and

(t) Concrete surface retarders.

774.3 A coating manufactured before the effective date specified for that coating in the

Table of Standards in § 774.10 , may be sold, supplied, or offered for sale after the speci fied effective date. In addition, a coating manufac tured before the effective date specified for that coating in the Table of Standards in § 774.10 may be applied at any time, both before and after the specified effective date, so long as the coating comp lied with the standards in effect at the time the coating was man

ufactured. This subsection does not apply to any coating that does not display the date or date code required by § 776.1(a).

774.4 All architectural coating containers used to apply the con tents therein to a surface

directly from the con tainer by pouring, siphoning, brushing, rolling, padding, ragging, or other means sh all be closed when not in use. These architectural coatings containers include, but are not limited to:

(a) Drums, bucket s, cans, pails, trays, or other application containers; and

(b) Containers of any VOC

- containing materials used for thinning and cleanup shall also be closed when not in use.

774.5 No person who applies or solicits the application of any architectural c oating shall

apply a coating that is thinned to exceed the applicable VOC limit specified in the Table of Standards in § 774.10

.

774.6 No person shall apply or solicit the application of any rust pre ventive coating for

industrial use, unless such a rust preven tive coating complies with the industrial maintenance coating VOC limit specified in the Table of Standards in § 774.10

.

774.7 For any coating that does not meet any of the definitions for the specialty coatings

cate gories listed in the Table of S tandards in § 774.10 , the VOC content limit

shall be deter mined by classifying the coating as a flat coating or a non

- flat coating, based on its gloss, as defined in § 799, and the corresponding flat or

non

- flat coating limit shall apply.

774.8 A manufac turer, seller, or user of an industrial maintenance coating may petition

the Department to apply an industrial maintenance coating with a VOC content greater than three hundred forty gallons per liter (340 g

. / L ) if all of the following

conditions are met:

(a) The industrial maintenance coating is applied outside the ozone season, normally May through September every year;113 (b) The petition submitted to the Department shall contain the following information, as applicable: job requirements and description s, volume of coating, maximum VOC content, and a cer tification that a complying coating meet ing the job performance requirements is not available; and

(c) If the Department grants written approval, such approval shall contain

volume and VOC limit condit ions. Until written approval is granted by the Department and received by the petitioner, all provisions of this section shall apply.

774.9 The Department shall not approve any petition under § 774.8 if the approvals

previously granted by the Department d uring the calendar year, when combined with the petition under consideration, would result in excess VOC emissions for that calendar year that would exceed five percent (5%) of the annual emission reduction achieved within the District of Columbia from imp lementing the January 1, 2005, VOC limit for industrial maintenance coatings. Coatings subject to this provision shall be sold only if an approved petition (or a copy of it) is provided before the sale. Coatings subject to this provision shall not be avail able to the general public.

774.10 Notwithstanding the provisions of § 774.1, a person or facility may add up to ten

percent (10%) by volume of VOC to a lacquer to avoid blushing of the finish during days with relative humidity greater than seventy percen t (70%) and tem

perature below sixty

- five degrees Fahrenheit (65° F ) or eighteen degrees Celsius ( 18o C ) at the time of application, provided that the coating contains acetone and no more than five hundred fifty grams (550 g. ) of VOC per liter of coating, less water and exempt compounds, before the addition of VOC.

Table of Standards. VOC Content Limits for Architectural Coatings. 1

Coating Category VOC Content Limit (Grams VOC per liter) 2

Flat coatings 100

Non

- flat coatings 150

Non

- flat high gloss co atings 250 Specialty Coatings Antenna coatings 530 Antifouling coatings 400 Bituminous roof coatings 300

1 Limits are expressed in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds, or colorant added to tint bases. Manufacturer’s maximum recommendation means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.

2 Conversion factor: one pound VOC per gallon (U.S.) is equivalent to one hundred nineteen and ninety

five one hundredths grams per liter (119.95 g/L).114 Coating Category VOC Content Limit (Grams VOC per liter) 2

Bituminous roof primers 350

Bond breakers 350

Calcimine recoater 475 Clear wood coatings: • Clear brushing lacquers 680 • Lacquers (includi ng lacquer sanding sealers) 550 • Sanding sealers (other than lacquer sanding sealers) 350

• Varnishes 350 Concrete curing compounds 350

Concrete surface retarders 780 Conjugated oil varnish 450

Conversion varnish 725 Dry fog coatings 400

Faux fin ishing coatings 350

Fire

- resistive coatings 350

Fire

- retardant coatings

• Clear 650 • Opaque 350 Floor coatings 250 Flow coatings 420

Form

- release compounds 250 Graphic arts coatings (sign paints) 500 High

- temperature coatings 420

Industrial mai ntenance coatings 340 Impacted immersion coatings 780

Low

- solids coatings 3 120 Magnesite cement coatings 450 Mastic texture coatings 300 Metallic pigmented coatings 500

Multi

- color coatings 250 Nuclear coatings 450

Pre

- treatment wash primers 420

P rimers, sealers, and undercoaters 200 Reactive penetrating carbonate stone sealer 600 Quick

- dry enamels 250 Quick

- dry primers, sealers and undercoaters 200 Recycled coatings 250 Roof coatings 250

3 Units for this coating are grams of VOC per liter (pounds of VOC/gallon) of coating, including water and exempt compounds115 Coating Category VOC Content Limit (Grams VOC per liter) 2

Rust preventative coatings 400

Shellacs

• Clear 730 • Opaque 550 Specialty primers, sealers, and undercoaters 350

Stains 250

Stone consolidants 450 Swimming pool coatings 340 Swimming pool repair and maintenance coatings 340

Temperature

- indicator safety coatings 550 Thermoplastic rubber coatings and mastics 550 Traffic marking coatings 150 Waterproofing sealers 250 Waterproofing concrete/masonry sealers 400 Wood preservatives 350

775 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING

–

EXEMPTIONS

775.1 Sections 773 through 778 do not apply to :

(a) Any architectural coating that is sold or manufactured for use outside of the District of Columbia or for shipment to other manufacturers for reformulation or repackaging;

(b) Any aerosol coating product; or

(c) Any architectural coating that is s old in a container with a volume of one

liter (1 L ) or one and fifty

- seven hundredths quarts ( 1.057 q.) or less.

776 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING

–

LABELING REQUIREMENT

776.1 A manufacturer of any architectural coating shall list the following information on

the coating container (or label) in which the coating is sold or distributed:

(a) The date the coating was manufactured, or a date code representing the date, on the label, lid, or bottom of the container, and if the man ufacture r uses a date code for any coating, the man ufacturer shall file an explanation of each code with the Department;

(b) A statement of the man ufacturer's recommendation regarding thinning of the coating on the label or lid of the container, except to the t hinning of116 architectural coatings with water. If thin ning of the coating before use is not necessary, the recommendation must specify that the coating is to be applied without thinning;

(c) Either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer,

where:

(1) VOC content shall be displayed in grams of VOC per liter of coating; and

(2) VOC content dis played shall be calculated using product formula

tion data, or shall be d etermined using the test methods and equations in § 778.1(a), 778.1(b)

, and 778.2;

(d) On the label or the lid of the container in which any industrial

maintenance coat ing is sold or distributed, one or more of the descrip tions listed in subparagraphs (1) through (3):

(1) "For industrial use only";

(2) "For professional use only"; or

(3) "Not for residential use" or "Not intended for residential use";

(e) If the product is a clear brushing lacquer, the prominently displayed statements "For brush app lication only", and "This product must not be thinned or sprayed";

(f) If the product is a rust preventive coating, the promi nently displayed statement, "For Metal Substrates Only";

(g) If the product is a specialty primers sealer, or undercoater, the p rominent display of one or more of the descriptions listed in subparagraphs (1) through (6):

(1) For blocking stains;

(2) For fire

- damaged substrates;

(3) For smoke

- damaged substrates;

(4) For water

- damaged substrates;

(5) For excessively chalky subs trates; or117 (6) To seal in efflorescence;

(h) If the product is a quick dry enamel, the prominently displayed words "Quick Dry" and the dry hard time;

(i) If the product is a non

- flat, high

- gloss coating, the prominently displayed words "High Gloss"; an d

(j) If the product is a stone consolidant, the prominently displayed words

“Stone Consolidant

– For Professional Use Only.”

777 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING

–

REPORTING REQUIREMENTS

777.1 U pon request by the Department, any manufac turer of clear brush ing lacquers

shall submit a report to the Department that specifies the number of gallons of clear brushing lacquers sold in the District of Columbia during the preceding calendar year, and describes the method used by the manufacturer to calculate

District of Columbia sales.

777.2 Upon request by the Department, any manufacturer of rust pre ventive coatings

shall submit an annual report to the Department that specifies the number of gallons of rust pre ventive coatings sold in the Dis trict of Columbia during the preceding calendar year, and describes the method used by the manufacturer to

calculate District of Columbia sales.

777.3 Upon request by the Department, any manufacturer of specialty primers, sealers,

and undercoaters shall s ubmit an annual report to the Department that specifies the number of gallons of specialty primers, sealers, and undercoaters sold in the District of Columbia during the preceding calendar year, and describes the method used by the manufacturer to calculat e District of Columbia sales.

777.4 Upon request by the Department, any manufacturer of architectural coating that

contains perchloroethylene or methylene chloride shall submit an annual report to the Department that specifies the following information fo r products sold in the District of Columbia during the preceding year:

(a) The product brand name and a copy of the product label with the legible usage instructions;

(b) The product category listed in the Table of Standards in § 774.10, to
which the coa ting belongs;

(c) The total sales in the District during the calendar year to the nearest gallon; and118 (d) The volume percent age , to the nearest one tenth of a percent (0.1%), of perchloroethylene and methylene chloride in the coating.

777.5 Upon reques t by the Department, any manufacturer of recycled coatings shall

submit a letter to the Department certifying its status as a recycled paint manufacturer and shall submit an annual report to the Department. The report shall include, for all recycled coatin gs, the total number of gallons distributed in the District of Columbia during the preceding year and shall describe the method used by the manufacturer to calculate District of Columbia distribution.

777.6 Upon request by the Department, any manufacturer of bituminous roof coatings or

bituminous roof primers shall submit an annual report to the Department that specifies the number of gallons of bituminous roof coatings or bituminous roof primers sold in the District of Columbia during the preceding calend ar year and describes the method used by the manufacturer to calculate District of Columbia

sales.

778 ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING

–

TESTING REQUIREMENTS

778.1 For the purpose of determining compliance with the VOC content limits in the

Table of Standards in § 774.10 , the VOC content of a coating shall be determined by using the procedures described below in paragraphs (a) or (b), as appropriate.

The VOC content of a tint base shall be determined without colorant that is added

after t he tint base is manufactured as follows:

(a) With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and exempt

compo unds. Determine the VOC content using the following equation:

VOC Content = (Ws

- Ww

- Wec)

(Vm

- Vw

- Vec)

where:

VOC content = grams of VOC per liter of coating;

Ws = weight of volatiles, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams;

Vm = volume of coating, in liters;119 Vw = volume of water, in liters; and

Vec = volume of exempt compounds, in liters; or

(b) For low solids coatings, determine the VOC content in units of grams of VOC per liter o f coating thinned to the manufacturer's maximum recommendation, including the volume of any water and exempt compounds. Determine the VOC content using the following equation:

VOC Content (ls) = (Ws

- Ww

- Wec) (Vm)

where:

VOC Content (ls) = the VOC co ntent of a low solids coating in grams per

liter of coating;

Ws = weight of volatile, in grams;

Ww = weight of water, in grams;

Wec = weight of exempt compounds, in grams; and

Vm = volume of coating, in liters.

778.2 To determine the physical pro p erties of a coating in order to perform the

calculations in §778.1, the reference method for VOC content is U.S. EPA

Method 24

, except as provided in § 778.3 and 778.4. An alter native method to determine the VOC content of coatings is SCAQMD Method 304

- 91 (Revised February 1996) , adopted by reference in § 778.5(j)

. The exempt com pounds content shall be determined by SCAQMD Method 303

- 91 (Revised August 1996) , adopted by reference in § 778.5(h)(3)

. To determine the VOC content of a

coat ing, the manufact urer may use U.S. EPA Method 24, or an alternative method, as provided in § 778.3, formula tion data, or any other reasonable means for predicting that the coating has been formulated as intended including but not limited to quality assurance checks and re cord keeping. However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 results will govern, except when an alternative method is approved as specified in § 778.3. The D epartment may require the manufacturer to conduct a Method 24 analysis.

778.3 Alternative test methods may be used if they are demonstrated to provide results

that are acceptable for purposes of deter mining compliance with § 778.2, and

have been reviewed and approved in writing by the Department and the U.S.

EPA.120

778.4 Analysis of methacry late multi

- component coatings used as traffic marking coat

ings shall be conducted according to a modification of U.S. EPA Method 24 in 40

C

. F

. R

. Part 59, Subpart D, Appendix A. This method has not been approved for methacrylate multi

- component coatings used for purposes other than traffic marking coatings or other classes of multi

- component coatings.

778.5 The following test methods are incorporated by reference her ein, and shall be

used to test coatings subject to the provisions of §§ 773 through 778 :

(a) The flame spread index of a fire

- retardant coating shall be determined by the ASTM Designation E 84

- 99, Standard Test Method for Surface Burning Characteristics of Building Mater ials, (see § 799, fire

- retardant coating);

(b) The fire

- resistance rating of a fire

- resistive coating shall be determined by

ASTM Designation E 119

- 98, Standard Test Methods for Fire Tests of Building Construction Materials, (see § 799, fire

- resistive coating);

(c) The gloss of a coating shall be determined by ASTM Designation D

523

- 89 (1999), Standard Test Method for Specular Gloss, (see § 799, flat coating, non

- flat coating, non

- flat high gloss coating, and quick dry enamel);

(d) The metallic content of a coating shall be determined by SCAQMD

Method 318

- 95, Determination of Weight Percent Elemen tal Metal in Coatings by X

- Ray Diffraction, SCAQMD Laboratory Methods of Analysis for Enforcement Samples, (see § 799, metallic pig mented

co ating);

(e) The acid content of a coating shall be determined by ASTM Designation

D 1613

- 96, Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products (see § 799, pre

- treatment wa sh primer);

(f) The set

- to

- touch, dry

- hard, dry

- to

- touch

, and dry

- to

- recoat times of a coating shall be determined by ASTM Designation D 1640

- 95, Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature, (see § 799, q uick dry enamel and quick

- dry primer, sealer, and under coater). The tack free time of a quick

- dry enamel coating shall be determined by the Mechanical Test Method of ASTM Designation

D 1640

- 95;

(g) The chalkiness of a surface shall be determined using AS TM Designation

D 4214

- 98, Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films, (see § 799, specialty primer, sealer, and undercoater);121 (h) The following compounds are exempt from the test methods above and shall be analyzed by the following alternative methods:

(1) Compounds that are cyclic, branched, or linear, completely methy

lated siloxanes, shall be analyzed as exempt com pounds for compliance with § 778 by BAAQMD Method 43, Determination of Volatile Methylsilox anes i n Solvent

- Based Coatings, Inks, and Related Materials, BAAQMD Manual of Procedures, Vol ume III, adopted November 6, 1996, (see § 778.2);

(2) Parachloroben zotrifluoride shall be analyzed as an exempt compound for compliance with § 778 by BAAQMD Method 41

, Determination of Volatile Organic Compounds in Solvent

- Based Coatings and Related Materials Containing Parachlorobenzotri

fluoride, BAAQMD Manual of Procedures, Vol ume III, adopted December 20, 1995, (see § 778.2); and

(3) Compounds exempt under U.S. E PA Method 24, which shall be

ana lyzed by SCAQMD Method 303

- 91 ( Revised 1993), Determination of Exempt Compounds, SCAQMD Laboratory Methods of Analysis for Enforcement Samples, (see § 778.2);

(i) The VOC content of a coating shall be determined by U.S. EP A Method 24 as it exists in 40 CFR Part 60, Appendix A, Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings, (see § 778.2);

(j) Alternatively, the VOC content of coatings may be analyzed b y either U.S. EPA Method 24 or SCAQMD Method 304

- 91 (Revised 1996), Determination of Volatile Organic Compounds (VOC) in Various Materials, SCAQMD Laboratory Methods of Analysis for Enforcement Samples (see § 778.2);

(k) The VOC content of methacrylate m ulticomponent coatings used as traffic marking coatings shall be analyzed by the procedures in 40 CFR Part 59, Subpart D, Appen dix A, Determination of Volatile Matter Content of Methacrylate Multicomponent Coatings Used as Traf fic Marking Coatings, (Sept ember 11, 1998), (see § 778.4); and

(l) The VOC content of stone consolidants shall by analyzed by ASTM

E2167

- 01, “Standard Guide for Selection and Use of Stone Consolidants” (see § 799, Stone Consolidant).

799 Definitions are amended to read as follows :122

799.1 The meanings ascribed to the definitions and abbreviations appearing in § 199 of

c hapter 1 shall apply to the terms and abbreviations in this chapter. In addition

, the following terms and phrases used in this chapter shall have the meanings set

f orth in this section unless the text or context of a particular section, subsection or paragraph provides otherwise :

ACP agreement

– the document signed by the Department that includes the conditions and requirements of the Alternative Control Plan (ACP) and allows manufacturers to sell ACP products in District of Columbia.

ACP emissions

– is the following:

(a) The sum of the VOC emissions during the compliance period specified in the ACP agreement from every ACP product subject to an ACP Agreement appr oving an ACP, expressed to the nearest pound of VOC; and

(b) Calculated according to the following equation:

where:

(1) For all products except for charcoal lighter material products:

A = net weight of unit (excluding container and packaging);

B = total weight of all VOCs per unit, as defined in this section; and

C = total weight of all exempted VOCs per unit, as specified in § 721; or

(2) For charcoal lighter mate rial products only:

Certified Emissions = the emissions level for products approved by the Department under § 730, as determined pursuant to123 South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certifica tion Protocol (Feb. 27, 1991) including subsequent amendments, expressed to the nearest one one

thousandth of a pound ( 0.001 lb) of methylene ( CH 2 ) per start; and

Certified Use Rate = the usage level for products approved by the Department under § 730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991) including subsequent amendments, expressed to the nearest one one

thousandth of a pound ( 0.001 lb

. ) certified product used

per start.

ACP limit

– is the following:

(a) The maximum allowable ACP Emissions during the compliance period specified in an ACP Agreement approving an ACP, expressed to the nearest pound of VOC; and

(b) Calculated according to the foll owing equation:

where:

Enforceable Sales = the total amount of an ACP product sold for use in District of Columbia during the applicable compliance period specified in the ACP Agreement approving an ACP, as determined through enforceable sales records, expressed to the nearest pound, excluding container and packaging;

ACP Standard = either the ACP product's Pre

- ACP VOC Content, or the applicable VOC standard specified in § 720, whichever is the

lesser of the two;

Pre

- ACP VOC Content = the lowest VOC content which the ACP product had between January 1, 1990

, and the date on which the application for a proposed ACP is submitted to the Department, based on either the data on the product

obtained from the Ma rch 12, 1991

, CARB Consumer124 Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product; and

1, 2,...N = each product in an ACP up to the maximum N.

ACP product

– any consumer produc t subject to the VOC standards specified in § 720, except those products that have been exempted under § 721 or exempted as Innovative Products under §

736.

ACP reformulation or ACP reformulated

– the process of reducing the VOC content of an ACP product, within the period that an ACP is in effect, to a level which is less than the current VOC content of the product.

ACP standard

– either the ACP product's pre

- ACP VOC content or the applicable VOC standard specified in § 720, whichever is less.

ACP VOC standard

– the maximum allowable VOC content for an ACP product, determined

as follows:

(a) For all ACP products except for charcoal lighter material, the applicable VOC Standard specified in § 720; and

(b) For charcoal lighter material products only, the VOC Standard shall be calculated according to the following equation:

where:

0.020 = the certification emissions level for the District of

Columbia

- approved product, as specified in § 730; and

Certified Use Rate = the usage level for products approved by the District of Columbia under § 730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), including subsequent amendments, expres sed to the nearest

one one

- thousandth of a pound ( 0.001 lb

. ) certified product used per start.

Acrylonitrile

- butadiene

- styrene (ABS) welding adhesive

– any adhesive intended by the manufacturer to weld ABS pipe, which is made by reacting monomers of acryl onitrile, butadiene, and styrene.125

Adhesive

– is the following:

(a) For the purposes of §§ 719 through 737:

(1) Any product that is used to bond one (1) surface to another by attachment;

(2) Does not include products used on humans and animals, adh esive tape, contact paper, wallpaper, shelf liners, or any other product with an adhesive incorporated onto or in an inert substrate;

(3) For “contact adhesive,” does not include units of product, less packaging, which

consist of more than one gallon (1 gal. ); and

(4) For “construction, panel, and floor covering adhesive” and “general purpose adhesive,” does not apply to aerosol adhesives or units of product, less packaging, that weigh more than one pound (1 lb. ) and consist of more than sixteen (16) fl uid ounces; and

(b) For the purposes of §§ 714, 743 through 749, 770 and 771, and 773 through 778

, any chemical substance that is used to bond two (2) surfaces together other than by

mechanical means.

Adhesive primer

– any product intended by the manufa cturer to be applied to a substrate, before the application of an adhesive, to provide a bonding surface.

Adhesive remover

– a product designed to remove adhesive from either a specific substrate or a variety of substrates. Adhesive remover does not incl ude a product that removes adhesives intended exclusively for use on humans or animals. Adhesive includes, but is not limited to, caulks, sealants, glues, or similar substances used for the purposes of forming a bond. For the purpose of this definition and “adhesive remover” subcategories (a) through (d), the term

“adhesive” shall mean a substance used to bond one (1) or more of the following materials:

(a) Floor and wall covering adhesive remover

– a product designed or labeled to remove

floor or wall c overings and associated adhesive from the underlying substrate;

(b) Gasket or thread locking adhesive remover

– a product designed or labeled to remove gaskets or thread locking adhesives. Products labeled for dual use as a paint stripper and gasket remov er or thread locking adhesive remover are considered gasket or thread locking adhesive remover;

(c) General purpose adhesive remover

– a product designed or labeled to remove cyanoacrylate adhesives as well as non

- reactive adhesives or residue from a vari ety of

substrates. General purpose adhesive remover includes, but is not limited to, products that remove thermoplastic adhesives; pressure sensitive adhesives; dextrine or starch

- based adhesives; casein glues; rubber or latex based adhesives; as well as p roducts that remove126

stickers; decals; stencils; or similar materials. General purpose adhesive remover does not include floor or wall covering adhesive remover; and

(d) Specialty adhesive remover

– a product designed to remove reactive adhesives from a

va riety of substrates. Reactive adhesives include adhesives that require a hardener or catalyst in order for the bond to occur. Examples of reactive adhesives include, but are not limited to epoxies, urethanes, and silicones. Specialty adhesive remover does not include gasket or thread locking adhesive remover.

Aerosol adhesive or adhesive primer

– an aerosol adhesive or adhesive primer product in which the spray mechanism is permanently housed in a non

- refillable can designed for hand

- held application witho ut the need for ancillary hoses or spray equipment. Aerosol adhesives include special purpose spray adhesives, mist

- spray adhesives, and web spray adhesives.

Aerosol coating product

– a pressurized coating product containing pigments or resins that dispe nses product ingredients with a propellant, and is packaged in a disposable can for

hand

- held application, or for use in specialized equipment for ground traffic/marking applications.

Aerosol cooking spray

– any aerosol product designed either to reduce s ticking on cooking and baking surfaces or to be applied on food, or both.

Aerosol product

– a pressurized spray system that dispenses product ingredients with a propellant contained in a product or a product’s container, or with a mechanically induced for ce, excluding pump sprays.

Aerospace component

– for the purposes of §§ 743 to 749, the fabricated part, assembly of

parts

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

Agricultural use

– is the following:

(a) The use of any pesticide, method, or device for the control of pests in connection with the commercial production, storage

, or processing of any animal or plant crop;

(b) Does not include the sale or use of pesticides in properl y labeled packages or containers that are intended for home use, use in structural pest control, industrial use, or institutional use; and

(c) For the purposes of this definition:

(1) “Home use” refers to use in a household or its immediate environmen t;

(2) “Structural pest control” refers to a use requiring a license under the applicable District of Columbia pesticide licensing requirement;127

(3) “Industrial use” refers to use for or in a manufacturing, mining, or chemical process or use in the operation of f actories, processing plants, and similar sites;

and

(4) “Institutional use” refers to use within the lines of, or on property necessary for the operation of buildings such as hospitals, schools, libraries, auditoriums, and office complexes.

Air freshener

– i s the following:

(a) Any consumer product including, but not limited to, sprays, wicks, powders, and crystals, designed for the purpose of masking odors, or freshening, cleaning, scenting, or deodorizing the air;

(b) Spray disinfectants and other prod ucts that are expressly represented for use as air fresheners, except institutional and industrial disinfectants when offered for sale through

institutional and industrial channels of distribution. To determine whether a product is an air freshener, all ve rbal and visual representations regarding product use on the label or packaging and in the product's literature and advertising may be considered. The presence of, and representations about, a product's fragrance and ability to deodorize shall not

constitu te a claim of air freshening; and

(c) Does not include products that are used on the human body, products that function primarily as cleaning products as indicated on a product label or “toilet/urinal care products”, disinfectant products claiming to de odorize by killing germs on surfaces, or institutional/industrial disinfectants when offered for sale solely through institutional and

industrial channels of distribution.

Airless cleaning system

– a solvent cleaning machine that is automatically operate d and seals at a differential pressure of five tenths of a pound (0.5 lb

. ) per square inch gauge (psig) or less, before the introduction of solvent or solvent vapor into the cleaning chamber, and maintains differential pressure under vacuum during all clea ning and drying cycles.

Airless spray

– a spray coating method wherein the coating is atomized by forcing it through a small nozzle opening at high pressure. The coating is not mixed with air before exiting from the nozzle opening.

Air

- tight cleaning sy stem

– a solvent cleaning machine that is automatically operated and seals at a differential pressure no greater than five tenths of a pound (0.5 lb

. ) per square inch gauge (psig), before the introduction of solvent or solvent vapor into the cleaning chamb er and during all cleaning and drying cycles.

Alcohol

– any of the following compounds when used as a fountain solution additive for offset lithographic printing : ethanol, normal propyl alcohol (n

- propanol)

, and isopropyl alcohol (isopropanol)

.128

Alcohol substitutes

– n on

- alcohol additives that contain VOCs and are used in the fountain

solution , such as glycol ethers or ethylene glycol

. Some additives are used to reduce the surface tension of water; others are added to prevent piling (ink build

- up).

All o ther carbon

- containing compounds

– all other compounds which contain at least one (1) carbon atom and are not a Table B compound or a LVP

- VOC.

All other forms

– all consumer product forms for which no specific VOC standard is specified including but not limited to solids, liquids, wicks, powders, crystals, and cloth or paper wipes (towelettes).

Alternative control plan or ACP

– any emissions averaging program approved by the District of Columbia pursuant to the provisions of this regulation.

Antenna coa ting

– a coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.

Antifouling coating

– a coating formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms. To qualify as an antifouling coating, the coating must be registered with both the U.S. EPA under the Federal Insecticide, Fungi cide

, and Rodenticide Act (7 U.S.C. § § 136

, et seq .) and with the District of Columbia Department of the Environment (20 DCMR c hapters 20

- 25).

Antimicrobial hand or body cleaner or soap

– is the following:

(a) A cleaner or soap that is designed to redu ce the level of microorganisms on the skin through germicidal activity including, but not limited to, antimicrobial hand or body washes/cleaners, food

- handler hand washes, healthcare personnel hand washes, pre

operative skin preparations, and surgical scru bs; and

(b) Does not include prescription drug products, antiperspirants, astringent/toner, deodorant, facial cleaner or soap, general

- use hand or body cleaner or soap, hand dishwashing detergent, including antimicrobial, heavy

- duty hand cleaner or soap, medicated astringent/medicated toner, and rubbing alcohol.

Antiperspirant

– any product including, but not limited to, aerosols, roll

- ons, sticks, pumps, pads, creams, and squeeze

- bottles, that is intended by the manufacturer to be used to reduce perspir ation in the human axilla by at least twenty percent (20%) in at least fifty percent (50%) of a target population.

Antique motor vehicle

– a motor vehicle, but not a reproduction thereof, manufactured more than twenty

- five (25) years before the current ye ar, which has been maintained in or restored to a condition that is substantially in conformance with manufacturer specifications.129

Anti

- static product

– a product that is labeled to eliminate, prevent, or inhibit the accumulation of static electricity. An ti

- static product does not include electronic cleaner, floor polish or wax, floor coating, and products that meet the definition of aerosol coating product or architectural coating.

Applicable CTG document

– for the purposes of § 714, is the following:

(a) “Control Techniques Guidelines for Large Appliance Coatings,” published by EPA, September 2007, publication number EPA 453/R

- 07

- 004;

(b) “Control Techniques Guidelines for Metal Furniture Coatings,” published by EPA, September 2007, publication number EPA 453 /R

- 07

- 005; or

(c) “Control Techniques Guidelines for Miscellaneous Metal and Plastic Parts Coatings,” published by EPA, September 2008, publication number EPA

- 453/R

- 08

- 003.

Appurtenance

– any accessory to a stationary structure coated at the site of installa tion, whether installed or detached, including but not limited to: bathroom and kitchen fixtures, cabinets, concrete forms, doors, elevators, fences, hand railings, lampposts, partitions pipes and piping systems, rain gutters and downspouts, stairways, fix ed ladders, catwalks and fire escapes, window screens, air conditioning equipment, heating equipment, and other fixed mechanical equipment or stationary tools.

Architectural coating

– a coating applied to stationary structures and their appurtenances, to mobile homes, to pavements, or to curbs. Coatings applied in shop applications or to non

stationary structures such as airplanes, ships, boats, railcars, and automobiles, as well as adhesives are not considered architectural coatings for the purposes of t his rule.

Architectural sealant / primer

– any sealant or sealant primer intended by the manufacturer to be applied to stationary structures, including mobile homes and appurtenances.

ASTM

– the American Society for Testing and Materials.

Astringent/to ner

– is the following:

(a) Any product not regulated as a drug by the United States Food and Drug Administration (FDA) that is applied to the skin for the purpose of cleaning or tightening pores, including but not limited to, clarifiers and substrate

- im pregnated products; and

(b) Does not include any hand, face, or body cleaner or soap product, medicated astringent/medicated toner, cold cream, lotion, or antiperspirant.

Automatically close

– closure occurs through the activation of a device or mechani sm that causes a spill

- proof system or spout to close, seal, and remain completely closed when not dispensing fuel.130

Automatic closure

– a device or mechanism that causes a spill

- proof system or spout to close, seal, and remain completely closed when not d ispensing fuel.

Automotive brake cleaner

– a cleaning product designed to remove oil, grease, brake fluid, brake pad material

, or dirt from motor vehicle brake mechanisms.

Automotive elastomeric coating

– a coating designed for application over surfaces of flexible mobile equipment and mobile equipment components, such as elastomeric bumpers.

Automotive glass adhesive primer

– any adhesive primer intended by the manufacturer to be applied to automotive glass before installation with an adhesive/sealant. This primer improves adhesion to the pinch weld and blocks ultraviolet light.

Automotive hard paste wax

– an automotive wax or polish

, which is designed to protect and improve the appearance of automotive paint surfaces, is a solid at room temperature, and contains zero percent (0%) water by formulation.

Automotive impact

- resistant coating

– a coating designed to resist chipping caused by road

debris.

Automotive instant detailer

– a product designed for use in a pump spray that is applied to the painte d surface of automobiles and wiped off before the product being allowed to dry.

Automotive jambing clearcoat

– a fast

- drying, ready

- to

- spray clearcoat applied to surfaces such as door jams and trunk and hood edges to allow for quick closure.

Automotive lacquer

– a thermoplastic coating applied directly to bare metal surfaces of mobile equipment and mobile equipment components which dries primarily by solvent evaporation, and which is resoluble in its original solvent.

Automotive low

- gloss coating

– a c oating that exhibits a gloss reading less than or equal to

twenty

- five (25) on a sixty (60) degree glossmeter.

Automotive multi

- colored topcoat

– a topcoat that exhibits more than one (1) color, is packaged in a single container, and camouflages surface defects on areas of heavy use, such as cargo beds and other surfaces of trucks and other utility vehicles.

Automotive pretreatment

– a primer that contains a minimum of half of a percent (0.5%) acid, by weight, that is applied directly to bare metal surf aces of mobile equipment and mobile equipment components to provide corrosion resistance and to promote adhesion of subsequent coatings.

Automotive primer

- sealer

– a coating applied to mobile equipment and mobile equipment components before the applicati on of a topcoat, for the purposes of providing corrosion resistance, promoting adhesion of subsequent coatings, promoting color uniformity, and promoting the ability of the undercoat to resist penetration by the topcoat.131

Automotive primer

- surfacer

– a co ating applied to mobile equipment and mobile equipment components before the application of topcoat, for the purposes of filling surface imperfections in the substrate, providing corrosion resistance, or promoting adhesion of subsequent coatings.

Automot ive rubbing or polishing compound

– a product designed primarily to remove oxidation, old paint, scratches or swirl marks, and other defects from the painted surfaces of motor vehicles without leaving a protective barrier.

Automotive specialty coating

– c oatings including but not limited to automotive elastomeric coatings, adhesion promoters, automotive low

- gloss coatings, bright metal trim repair coatings, automotive jambing clearcoats, automotive impact

- resistant coatings, rubberized asphaltic underbody coatings, uniform finish blenders, weld

- through primers applied to automotive

surfaces

, and lacquer topcoats applied to a classic motor vehicle or to an antique motor vehicle.

Automotive topcoat

– a coating, or series of coatings, applied over an automot ive primer

surfacer, automotive primer

- sealer, or existing finish on the surface of mobile equipment and mobile equipment components for the purpose of protection or beautification.

Automotive touch

- up or repair

– the application of automotive topcoat fin ish materials to cover minor finishing imperfections equal to or less than one inch (1 in. ) in diameter.

Automotive wax, polish, sealant or glaze

– is the following:

(a) A product designed to seal out moisture, increase gloss, or otherwise enhance a mot or vehicle’s painted surfaces, including but not limited to products designed for use in autobody repair shops and drive

- through car washes, as well as products designed for the general public; and

(b) Does not include automotive rubbing or polishing co mpounds, automotive wash and wax products, surfactant

- containing car wash products, and products designed for use on unpainted surfaces such as bare metal, chrome, glass, or plastic.

Automotive windshield washer fluid

– is the following:

(a) Any liquid designed for use in a motor vehicle windshield washer system either as an antifreeze or for the purpose of cleaning, washing, or wetting the windshield; and

(b) Does not include fluids placed by the manufacturer in a new vehicle.

Available control optio ns

– air pollution control technologies or techniques with a reasonable potential for application to the source. Air pollution control technologies and techniques include the application of production process or methods, and control systems for VOCs. The c ontrol technologies and techniques shall include existing controls for the source category and technology transfer controls applied to similar source categories.132

Batch vapor cleaning machine

– is the following:

(a) A vapor cleaning machine in which indiv idual parts or a set of parts move through the entire cleaning cycle before new parts are introduced into the cleaning machine, including but not limited to solvent cleaning machines including ferris wheel cleaners or cross rod machines, that clean multipl e loads simultaneously and are manually loaded;

and

(b) Does not include machines which do not have a solvent/air interface, such as airless and

air

- tight cleaning systems.

Bathroom and tile cleaner

– is the following:

(a) A product designed to clean tile or surfaces in bathrooms; and

(b) Does not include products designed primarily to clean toilet bowls, toilet tanks, or

urinals.

Bitumens

– black or brown materials including but not lim ited to asphalt, tar, pitch, and asphaltite that are soluble in car bon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the dis tillation of crude petroleum or coal.

Bituminous roof coating

– a coating that incorporates bitumens that is labeled and formulated

ex clusively for roofing.

Bituminous roof primer

– a primer that incorporates bitu mens that is labeled and formulated exclusively for roofing.

Bond breaker

– a coating labeled and formulated for appli cation between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.

Bug and tar remover

– a product labeled to remove:

(a) Biological

- type residues including but not limited to insect carcasses and tree sap; and

(b) Road grime, including but not limited to road tar, roadway paint markings, and asphalt from painted motor vehicle surfaces without causing damage to the finish.

o C

– degrees Celsius

Calcimine recoater

– a flat solvent

- borne coating formulated and recommended specifically for recoating calcimine

- painted ceilings and other calcimine

- painted substrates.

CARB

– the California Air Resources Board.133

Carbon adsorber

– a bed of activated carbon into which an air/solvent gas

- vapor stream is

routed and which adsorbs the solvent on th e carbon.

Carburetor or fuel

- injection air intake cleaner

– is the following:

(a) A product designed to remove fuel deposits, dirt, or other contaminants from a carburetor, choke, throttle body of a fuel

- injection system, or associated linkages; and

(b ) Does not include products designed exclusively to be introduced directly into the fuel lines or fuel storage tank before introduction into the carburetor or fuel injectors.

Carpet and upholstery cleaner

– is the following:

(a) A cleaning product desi gned for the purpose of eliminating dirt and stains on rugs, carpeting, and the interior of motor vehicles or on household furniture or objects upholstered or covered with fabrics such as wool, cotton, nylon

, or other synthetic fabrics including but not li mited to products that make fabric protectant claims; and

(b) Does not include general purpose cleaners, spot removers, vinyl or leather cleaners, dry cleaning fluids, or products designed exclusively for use at industrial facilities engaged in

furnitur e or carpet manufacturing.

Ceramic tile installation adhesive

– any adhesive intended by the manufacturer for use in the

installation of ceramic tiles.

Charcoal lighter material

– is the following:

(a) Any combustible material designed to be applied on , incorporated in, added to, or used with charcoal to enhance ignition; and

(b) Does not include electrical starters and probes, metallic cylinders using paper tinder, natural gas, propane, or fat wood.

Chlorinated polyvinyl chloride (CPVC) plastic

– a polymer of the vinyl chloride monomer that contains sixty

- seven percent (67%) chlorine and is normally identified with a CPVC marking.

Chlorinated polyvinyl chloride (CPVC) welding adhesive

– any adhesive intended by the manufacturer for the welding of CP VC plastic pipe.

Classic motor vehicle

– a motor vehicle, but not a reproduction thereof, manufactured at least fifteen (15) years before the current year, which has been maintained in or restored to a condition that is substantially in conformity with m anufacturer specifications and appearance.

Cleaning solution

– as applied to offset lithography or letterpress printing operations subject to the requirements of § 716, liquids used to remove ink or coating and debris from the operating134

surfaces of the pr inting press and its parts , including but are not limited to blanket wash, roller wash, metering roller cleaner, plate cleaner, impression cylinder washes, rubber rejuvenators,

and other cleaners.

Cleanup solvent

– a VOC

- containing material used to remov e a loosely held uncured ( such as

, not dry to the touch) adhesive or sealant from a substrate, or clean equipment used in applying a

material.

Clear brushing lacquers

– clear wood finishes, excluding clear lacquer sanding sealers,

formulated with nitrocel lulose or syn thetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film, which are intended exclusively for application by brush and which are labeled as specified in § 776.

Clear wood coatings

– clear a nd semi

- transparent coatings, including lacquers and varnishes, applied to wood substrates to provide a transparent or translucent solid film.

Coating

– a material applied onto or impregnated into a substrate for protective, decorative, or functional pur poses. Such materials include, but are not limited to: paints, varnishes, sealants, maskants, and temporary protective coatings.

Coating unit

– a series of one (1) or more coating applicators and any associated drying area or oven wherein a coating is app lied, dried, or cured. A coating unit ends at the point where the coating is dried or cured, or before any subsequent application of a different coating. It is not necessary for a coating unit to have an oven or flash

- off area.

Cold cleaning machine

– is the following:

(a) A device or piece of equipment, containing or using an unheated liquid

, which contains greater than five percent (5%) VOC or five percent (5%) hazardous air pollutant (HAP) by weight, where parts are placed to remove dirt, grease, oil o r other contaminants and coatings, from the surfaces of the parts or to dry the parts; and

(b) Does not include machines that do not have a solvent/air interface, such as airless and

air

- tight cleaning systems.

Colorant

– any concentrated pigment disper sion in water, solvent, or binder that is added to an architectural coating after packaging in sale units to produce the desired color or coloring material used in a consumer product for an aesthetic effect, or to dramatize an ingredient.

Compliance perio d

– the period of time, not to exceed one (1) year, for which the ACP limit and ACP emissions are calculated and for which compliance with the ACP limit is determined, as specified in the ACP Agreement approving an ACP.

Computer diskette jacket manufactu ring adhesive

– any adhesive intended by the manufacturer to glue the fold

- over flaps to the body of a vinyl computer diskette jacket.135

Concrete curing compound

– a coating labeled and formu lated for application to freshly poured

concrete to retard the ev aporation of water.

Concrete surface retarder

– a mixture of retarding ingredients such as extender pigments, primary pigments, resin, and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, allowing the retarded mix of cement and sand at the surface to be washed away to create an exposed aggregate finish.

Conjugated oil varnish

– a clear or semi

- transparent wood coating, labeled as such, excluding lacquers or shellacs, based on a natural occ urring conjugated vegetable oil (Tung oil) and modified with other natural or synthetic resins; a minimum of fifty percent (50%) of the resin solids consisting of conjugated oil. Supplied as a single component product, conjugated oil varnishes penetrate an d seal the wood. Film formation is due to polymerization of the oil. These varnishes may contain small amounts of pigments to control the final gloss or sheen.

Construction, panel, and floor covering adhesive

– is the following:

(a) Any one (1) componen t adhesive that is designed exclusively for the installation, remodeling, maintenance, or repair of:

(1) Structural and building components including but not limited to beams, trusses, studs, paneling, drywall or drywall laminates, fiberglass reinforc ed plastic (FRP), plywood, particle board, insulation board, pre

- decorated hardboard or tileboard, ceiling and acoustical tile, molding, fixtures, countertops or countertop laminates, cove or wall bases, and flooring or subflooring; or

(2) Floor or wa ll coverings including but not limited to wood or simulated wood covering, carpet, carpet pad or cushion, vinyl

- backed carpet, flexible flooring material, non

- resilient flooring material, mirror tiles and other types of tiles, and artificial grass; and

( b) Does not include floor seam sealer.

Consumer

– is the following:

(a) Any person who purchases, or otherwise acquires any consumer product or a new portable fuel container or spout for personal, family, household, or institutional use; and

(b) Do es not include persons acquiring a consumer product or a portable fuel container or spout for resale.

Consumer product

– is the following:

(a) A chemically formulated product used by household and institutional consumers, including but not limited to: d etergents, cleaning compounds, polishes, floor finishes,136

cosmetics, personal care products, home, lawn, and garden products, disinfectants, sanitizers, aerosol paints, and automotive specialty products;

(b) Does not include other paint products, furnitu re coatings, or architectural coatings; and

(c) Also refers to aerosol adhesives, including aerosol adhesives used for consumer,

industrial or commercial uses.

Contact adhesive/contact bond adhesive

– is the following:

(a) An adhesive designed for appl ication to two (2) surfaces to be bonded together, is allowed to dry before the two (2) surfaces are placed in contact with each other, forms an immediate bond that is impossible or difficult to reposition after both adhesive

- coated surfaces are placed in contact with each other, and 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; and

(b) Does not incl ude rubber cements that are primarily intended for use on paper substrates. Contact adhesive also does not include vulcanizing fluids that are designed and labeled for “tire repair” only.

Contact adhesive

– general purpose

– any contact adhesive that is not a contact adhesive

– special purpose.

Contact adhesive

– special purpose

– a contact adhesive that:

(a) Is used to bond melamine

- covered board, unprimed metal, unsupported vinyl, Teflon,

ultra

- high molecular weight polyethylene, rubber, high pressure l aminate or wood veneer

one sixteenth of an inch (1/16 in

. ) or less in thickness to any porous or non

- porous surface, and is sold in units of product, less packaging, that contain more than eight (8) fluid ounces; or

(b) Is used in automotive applications tha t are:

(1) Automotive under

- the

- hood applications requiring heat, oil

, or gasoline resistance; or

(2) Body

- side molding, automotive weather

- strip, or decorative trim.

Contact person

– a representative that has been designated by the responsible ACP par ty for the purpose of reporting or maintaining any information specified in the ACP Agreement approving

an ACP.

Container/packaging

– the part or parts of the consumer or institutional product which serve only to contain, enclose, incorporate, deliver, di spense, wrap, or store the chemically formulated substance or mixture of substances which is solely responsible for accomplishing the purposes137

for which the product was designed or intended, including but not limited to, any article onto or

into which the principal display panel and other accompanying literature or graphics are incorporated, etched, printed

, or attached.

Control technique s guideline (CTG)

– an EPA document designed to assist the states in designing reasonably available control technology fo r major sources of volatile organic compounds.

Conventional air spray

– a spray coating application method in which the coating is atomized by mixing it with compressed air and applied at an air pressure greater than ten pounds (10 lb. ) per square inch ga uge (psig) at the point of atomization. The term does not include:

(a) Airless and air assisted airless spray technologies; or

(b) Electrostatic spray technology.

Conversion varnish

– a clear acid curing coating with an alkyd or other resin blended with

amino resins and supplied as a single component or two (2)

- component product and it produces a hard, durable, clear finish designed for professional application to wood flooring. The film

formation is the result of an acid

- catalyzed condensation reaction, affect ing a transetherification

at the reactive ethers of the amino resins.

Cove base

– a flooring trim unit, generally made of vinyl or rubber, having a concave radius on

one (1) 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

– any adhesive intended by the manufacturer to be used for the

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

Crawling bug insecticide

– is the following:

(a) Any insecticide product that is designed for use against ants, cockroaches, or other household crawling arthropods, including but not limited to mites, silverfish

, or spiders;

and

(b) Does not include products designed to be used exclusively on humans or animals, or any house dust mite product;

(1) A house dust mite product is a product whose label, packaging, or accompanying literature states that the product is suitable for use against house dust m ites, and does not indicate that the product is suitable for use against ants, cockroaches, or other household crawling arthropods; and

(2) A house dust mite is a mite that feeds primarily on skin cells shed in the home by humans and pets and which belong to the phylum Arthropoda , the subphylum138 Chelicerata , the class Arachnida, the subclass Acari, the order Astigmata , and the family Pyroglyphidae.

CTG

– Control Techniques Guideline.

Curtain coating

– the application of a coating to an object by moving t he object through a falling curtain of coating.

Cyanoacrylate adhesive

– any adhesive with a cyanoacrylate content of at least ninety

- five percent (95%) by weight.

Cylinder

- wipe

– as applied to printing operations, the method or removing ink from the non

image areas of the printing plate by using a cylinder(s) or other contrivances. This is distinguished from the subsequent step(s) when the ink removed is in turn removed from the wiping cylinder(s) by the use of a wiping solution.

Date

- code

– the day, mo nth, and year on which the consumer product was manufactured, filled, or packaged, or a code indicating such a date.

Day

– unless otherwise indicated, refers to a calendar day.

Deodorant

– is the following:

(a) For products manufactured before January 1 , 2012 : any product including, but not limited to, aerosols, roll

- ons, sticks, pumps, pads, creams, and squeeze

- bottles, that is intended by the manufacturer to be used to minimize odor in the human axilla by retarding the growth

of bacteria that cause the decomposition of perspiration; or

(b) For products manufactured on or after January 1, 2012 : any product including, but not limited to, aerosol, roll

- ons, sticks, pumps, pads, creams, and squeeze bottles, that indicates or depicts on the container or pac king, or on any label or sticker affixed thereto, that the product can be used on or applied to the human axilla to provide a scent or minimize odor. A “deodorant body spray” product that indicates or depicts on the container or packaging or on any sticker or label affixed thereto, that it can be used on or applied to the human axilla, is a “deodorant”.

Deodorant body spray

– is the following:

(a) For products manufactured before January 1, 2006

, a personal fragrance product with twenty percent (20%) or l ess fragrance; or

(b) For products manufactured on or after January 1, 2006

, a personal fragrance product with twenty percent (20%) or less fragrance that is designed for application all over the human body to provide a scent. A “deodorant body spray” pro duct that indicates or depicts on the container or packaging, or on any sticker or label affixed thereto, that can be used on or applied to the human axilla, is a “deodorant”.139

Department

– the District of Columbia Department of the Environment.

Device

– is the following:

(a) Any instrument or contrivance, other than a firearm, which is designed for trapping, destroying, repelling, or mitigating any pest or any other form of plant or animal life other than humans and other than bacteria, viruses, or oth er microorganism s on or in humans or other living animals; and

(b) Does not include equipment used for the application of pesticides when sold separately.

Dip coating

– a method of applying a coating to a surface by submersion into and removal from

a c oating bath.

Disinfectant

– is the following:

(a) Any product intended to destroy or irreversibly inactivate infectious or other undesirable bacteria, pathogenic fungi, or viruses on surfaces or inanimate objects and whose label is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. § § 136

, et seq .);

(b) Does not include products designed solely for use on humans or animals, products designed for agricultural use, products designed solely for use in swimming pool s, therapeutic tubs, or hot tubs; and

(c) Does not include products that, as indicated on the principal display panel or label, are primarily designed for use as bathroom and tile cleaners, glass cleaners, general purpose cleaners, toilet bowl cleaners, or metal polishes.

Distributor

– any person to whom a consumer product or portable fuel container or spout or combination portable fuel container and spout is sold or supplied for the purposes of resale or distribution in commerce, except that manufactur ers, retailers, and consumers are not

distributors.

District of Columbia gross sales

– the estimated total District of Columbia sales of an ACP product during a specific compliance period expressed to the nearest pound, based on either of the following me thods, whichever the responsible ACP party demonstrates to the satisfaction of the Department will provide an accurate District of Columbia sales estimate:

(a) Apportionment of national or regional sales of the ACP product to District of Columbia sales, d etermined by multiplying the average national or regional sales of the product by the fraction of the national or regional population, respectively, that is represented by District of Columbia's current population; or140

(b) Any other documented method that provides an accurate estimate of the total current District of Columbia sales of the ACP product.

District of Columbia sales

– the net pounds of product, less packaging and container, per year in the District of Columbia for either the year immediately pr eceding the year that the registration is due or, if that data is not available, any consecutive twelve (12) month period commencing no earlier than two (2) years before the due date of the registration. If direct sales

data for District of Columbia is not available, sales may be estimated by prorating national or regional sales data by population.

Double

- phase aerosol air freshener

– an aerosol air freshener with the liquid contents in two (2) or more distinct phases that requires the product container be shaken before use to mix the phases, producing an emulsion.

Dry cleaning fluid

– is the following:

(a) Any non

- aqueous liquid product designed and labeled exclusively for use on fabrics which are labeled “for dry clean only”, including but not limited to clothing, draperies, or

S

- coded fabrics:

(1) Including, but not limited to, those products used by commercial dry cleaners and commercial businesses that clean fabrics such as draperies at the customer’s residence or work place; and

(2) S

- coded fabric is an upholstery fabric designed to be cleaned only with water

- free spot cleaning products as specified by the Joint Industry Fabric Standards Committee; and

(b) Does not include spot remover or carpet and upholstery cleaner.

Dry fog coating

– a coati ng labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.

Drywall installation

– the installation of gypsum dry wall to studs o r solid surfaces using an adhesive formulated for that purpose.

Dusting aid

– is the following:

(a) A product designed to assist in removing dust and other soils from floors and other surfaces without leaving a wax or silicone based coating; and

(b) D oes not include “pressurized gas duster”.141

Dwell

– holding parts within the freeboard area of a solvent cleaning machine but above the solvent vapor zone. This action is necessary after cleaning to allow solvent to drain from the parts or parts baskets bac k into the solvent cleaning machine.

Dwell time

– the period of time between when a parts basket is placed in the vapor zone of a batch vapor or in

- line vapor cleaning machine and when solvent dripping ceases. This period of time is determined by placing a basket of parts in the vapor zone and measuring the amount of time between when the parts are placed in the vapor zone and dripping ceases.

Electrical and electronic components

– components and assemblies of components that generate, convert, transmit, or modify electrical energy, including, but not limited to, wires, windings, stators, rotors, magnets, contacts, relays, printed circuit boards, printed wire assemblies, wiring boards, integrated circuits, resistors, capacitors

, and transistors but does n ot include the cabinets in which electrical and electronic components are housed.

Electrical cleaner

– a product labeled to remove heavy soils such as grease, grime, or oil from electrical equipment, including, but not limited to, electric motors, armat ures, relays, electric panels, or generators. Electrical cleaner does not include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electronic cleaner, pressurized gas duster, engine degreaser, anti

- static produ ct, or products designed to clean the casings or housings of electrical equipment.

Electron beam ink

– an ink that dries by chemical reaction caused by high energy electrons.

Electronic cleaner

– a product labeled for the removal of dirt, moisture, dust , flux, or oxides from the internal components of electronic or precision equipment such as circuit boards, and the internal components of electronic devices, including, but not limited to, radios, compact disc (CD) players, digital video disc (DVD) player s, and computers. Electronic cleaner does not include general purpose cleaner, general purpose degreaser, dusting aid, electronic cleaner, energized electronic cleaner, pressurized gas duster, engine degreaser, anti

- static product, or products designed to clean the casings or housings of electrical equipment.

Electrostatic application

– a method of applying coating particles or coating droplets to a grounded surface by electrically charging such particles or droplets.

Energized electrical cleaner

– a pro duct that meets the following criteria:

(a) The product is labeled to clean or degrease electrical equipment, where cleaning or degreasing is accomplished when electrical current exists or when there is a residual electrical potential from a component, such as a capacitor; and

(b) The product label clearly displays the statements: “Energized Equipment use only. Not to be used for motorized vehicle maintenance or their parts”.

Enforceable sales

– the total amount of an ACP product sold for use in the D istrict of Columbia during the applicable compliance period specified in the ACP Agreement approving an ACP, as142

determined through enforceable sales records, expressed to the nearest pound, excluding product container and packaging.

Enforceable sales reco rd

– a written, point

- of

- sale record or any other District of Columbia

approved system of documentation from which the mass, in pounds, less product container and packaging, of an ACP product sold to the end user in District of Columbia during the applicab le compliance period can be accurately documented including but not limited to the following types

of records:

(a) Accurate records of direct retail or other outlet sales to the end user during the applicable compliance period;

(b) Accurate compilations, made by independent market surveying services, of direct retail or other outlet sales to the end users for the applicable compliance period, provided that a detailed method which can be used to verify any data comprising such summaries is submitted by the responsible ACP party and approved by the Department; and

(c) Any other accurate product sales records approved by the Department as meeting the criteria specified in this section.

Engine degreaser

– a cleaning product designed to remove grease, grime, oil

, and other contaminants from the external surfaces of engines and other mechanical parts.

Exempt compound

– a compound identified as exempt under the definition of volatile organic compound (VOC). E xcept as provided in §778.2, the e xempt compounds con tent of a coating shall be determined by U.S. EPA Method 24 or South Coast Air Quality Management District (SCAQMD) Method 303

- 91 (Revised February 1993).

Exempt perfluorocarbon compounds

– the following classes of compounds: cyclic, branched, or linear, completely fluorinated alkanes; cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and sulfur

- containing perfluorocarbons with no uns aturations and with sulfur bonds only to carbon and fluorine.

Existing product

– any formulation of the same product category and form sold, supplied, manufactured, or offered for sale in the District before January 1, 2005, or any subsequently

introduced identical formulation.

o F

– degrees Fahrenheit

.

Fabric protectant

– is the following:

(a) A product designed to be applied to fabric substrates to protect the surface from soiling from dirt and other impurities or to reduce absorption of liquid into the fabric's fibers; and143

(b) Does not include waterproofers, products designed for use solely on leather, or products designed for use solely on fabrics that are labeled “for dry clean only” and sold in containers of ten (10) fluid ounces or less.

Fabri c refresher

– a product whose label states the product’s purpose is to neutralize or

eliminate odors on non

- laundered fabric including, but not limited to, soft household surfaces, rugs, carpeting, draperies, bedding, automotive interiors, footwear, athlet ic equipment, clothing or on household furniture or objects upholstered or covered with fabrics such as, but not limited to, wool, cotton, or nylon. Fabric refresher does not include anti

- static product, carpet and upholstery cleaner, soft household surfac e sanitizers, footwear or leather care product, spot remover, or disinfectant, or products labeled for application to both fabric and human skin. For the purposes of this definition only, soft household surface sanitizer means a product labeled to

neutrali ze and eliminate odors on surfaces listed above whose label is registered as a sanitizer under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. §§ 136

, et seq .).

Facial cleaner or soap

– is the following:

(a) A cleaner or soap de signed primarily to clean the face, including but not limited to facial cleansing creams, gels, liquids, lotions, and substrate

- impregnated forms; and

(b) Does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent /toner, general

- use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

Fat wood

– is the following:

(a) Pieces of wood kindling with high naturally

- occurring levels of sap or resin which enhance ignition of the kindl ing; and

(b) Does not include any kindling with substances added to enhance flammability, such as

wax

- covered or wax

- impregnated wood

- based products.

Faux finishing coating

– a coating labeled and formulated as a stain or a glaze to create artistic

eff ects including but not limited to dirt, old age, smoke damage, and simulated mar ble and wood grain.

Federally enforceable

– Enforceable under the Federal Clean Air Act (42 U.S.C. §§ 7401

, et

s eq

. ).

Fiberglass

– a material consisting of extremely fine gl ass fibers, including any fiber reinforced plastic (FRP) surface that has fiber material set in a binding substance of plastic resins.

Fire

- resistive coating

– an opaque coating labeled and for mulated to protect the structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials, that has been fire tested and rated by a testing agency and approved by District of144

Columbia building code officials for use in bringing assemblies of structural materials into

c ompliance with federal or District of Columbia building code requirements;

(a) The fire

- resistive coating and the testing agency must be approved by District of Columbia building code officials; and

(b) The fire

- resistive coat ing shall be tested in acc ordance with ASTM Designation E

119

- 98, incorporated by reference in § 7 78.5

.

Fire

- retardant coating

– a coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by District of Co lumbia building code officials for use in bringing building and construction materials into compliance with federal and District of Columbia building code requirements.

(a) The fire

- retardant coating and the testing agency must be approved by District of Columbia building code officials; and

(b) The fire

- retardant coating shall be tested in accordance with ASTM Designation E 84

- 99, incorporated by reference in § 7 78.5

.

First installation date

– the first date on which a piece of equipment is in place an d prepared to operate. The “installation date” does not change if the equipment is moved to a new location at the same facility.

Flat coating

– a coating that is not defined under any other definition in this rule and that registers gloss less than fiftee n (15) on an eighty

- five (85) degree meter or less than five (5) on a sixty (60) degree meter according to ASTM Designation D 523

- 89 (1999), incorporated by reference in § 7 78.5

.

Flea and tick insecticide

– is the following:

(a) Any insecticide product that is designed for use against fleas, ticks, their larvae, or their eggs; and

(b) Does not include products that are designed to be used exclusively on humans or animals and their bedding.

Flexible flooring material

– asphalt, cork, linoleum, no

- wax, rubber, seamless vinyl

, and vinyl composite flooring.

Flexible packaging

– any package or part of a package, the shape of which can be readily changed, including but not limited to bags, pouches, liners, and wraps utilizing paper, plastic, film, aluminum foil, metalized or coated paper or film, or any combination of these materials and printing of shrink

- wrap labels or wrappers conducted on or in

- line with a flexible package printing press, printing, coating, and laminating. “Flexible packaging” does not i nclude145

production of and printing on self

- adhesive labels, folding cartons, gift wraps, wall coverings, vinyl products, decorative laminates, floor coverings, and tissue products.

Flexible vinyl

– non

- rigid polyvinyl chloride plastic with at least five p ercent (5%) by weight plasticizer content.

Flexographic package printing

– a flexible package printing process where the image is raised above the printing plate, and the image carrier is made of rubber or other elastomeric materials.

Flexographic packag e printing press

– an unwind or feed station, which may include more than one unwind or feed station (such as on a laminator), a series of individual work stations, one (1) or more of which is a flexographic print station, any dryers (including interstage dryers and overhead tunnel dryers) associated with the work stations, and a rewind, stack, or collection

section. The work stations may be oriented vertically, horizontally, or around the circumference of a single large impression cylinder. Inboard and out board work stations, including those employing any other technology, such as rotogravure, are included if they are capable of printing or coating on the same substrate.

Floor coating

– an opaque coating that is labeled and designed for application to floo ring, including, but not limited to, decks, porches, steps, and other horizontal surfaces, which may be subjected to foot traffic.

Floor polish or wax

– is the following:

(a) A wax, polish, or any other product designed to polish, protect, or enhance flo or surfaces by leaving a protective coating that is designed to be periodically replenished; and

(b) Does not include spray buff products, products designed solely for the purpose of cleaning floors, floor finish strippers, products designed for unfinishe d wood floors, and coatings subject to architectural coatings in §§ 773 through 778.

Floor seam sealer

– any product designed and labeled exclusively for bonding, fusing, or sealing seams between adjoining rolls of installed flexible sheet flooring.

Floo r wax stripper

– is the following:

(a) A product designed to remove natural or synthetic floor polishes or waxes through breakdown of the polish or wax polymers, or by dissolving or emulsifying the polish or wax; and

(b) Does not include aerosol floor wa x strippers or products designed to remove floor wax solely through abrasion.

Flow coating

– is the following:146

(a) For the purposes of §§ 743 through 750, a non

- atomized technique of applying coating to a substrate using a fluid nozzle in a fan pattern with no air supplied to the nozzle, where the application completely covers the surface; or

(b) For the purposes of §§ 773 through 778, a coating labeled and formulated exclusively for use by electric power companies or their subcontractors to maintain the protect ive coating systems present on utility transformer units.

Flying bug insecticide

– is the following:

(a) Any insecticide product that is designed for use against flying insects or other flying arthropods including but not limited to flies, mosquitoes, mo ths, or gnats; and

(b) Does not include “wasp and hornet insecticide,” products that are designed to be used exclusively on humans or animals, or any moth

- proofing product (moth

- proofing product means a product whose label, packaging, or accompanying lite rature indicates that the product is designed to protect fabrics from damage by moths, but does not indicate that the product is suitable for use against flying insects or other flying arthropods).

Footwear and leather care product

– is the following:

(a ) Any product designed or labeled to be applied to footwear or to other leather articles/components, to maintain, enhance, clean, protect, or modify the appearance, durability, fit, or flexibility of the footwear or leather article/component;

(b) Include s both leather and non

- leather foot apparel; and

(c) Does not include fabric protectant, general purpose adhesive, contact adhesive, vinyl/fabric/leather/polycarbonate coating, rubber and vinyl protectant, fabric refresher, products solely for deodorizin g, or sealant products with adhesive properties used to create external protective layers greater than two millimeters (2 mm. ) thick.

Form

- release compound

– a coating labeled and formulated for application to a concrete form to prevent the freshly poured concrete from bonding to the form. The form may con sist of wood, metal, or some material other than concrete.

Fountain solution

– with respect to offset lithographic printing, a water

- based solution that contains small amounts of gum Arabic or synthetic resins, acids, buffer salts and a wetting agent or dampening aid (such as alcohol and alcohol substitutes) applied to the lithographic plate to prevent the non

- image areas from receiving ink

.

Fountain solution reservoir

– the collection tank that accepts fountain solution recirculated from printing unit(s). In some cases, the tanks are equipped with cooling coils for refrigeration of

the fountain solution.147

Fragrance

– a substance or complex mixture of aroma chemicals, natural essential oils, and

other fu nctional components, with a combined vapor pressure not in excess of two millimeters of mercury (2 mm

. Hg) at twenty degrees Celsius (20 o C ) or sixty

- eight degrees Fahrenheit ( 68° F ), the sole purpose of which is to impart an odor or scent, or to counterac t a malodor.

Freeboard ratio

– is the following:

(a) For a cold cleaning machine, the distance from the liquid solvent to the top edge of the cold cleaning machine divided by the width of the cold cleaning machine; and

(b) For an operating batch vapor cleaning machine or an in

- line vapor cleaning machine, the distance from the top of the solvent vapor layer to the top edge of the vapor cleaning machine divided by the width of the vapor cleaning machine.

Freeboard refrigeration device

– a set of secon dary coils mounted in the freeboard area of a solvent cleaning machine that carries a refrigerant or other chilled substance to provide a chilled air blanket above the solvent vapor. A solvent cleaning machine’s primary condenser that is capable of maintai ning a temperature in the center of the chilled air blanket at not more than thirty percent (30%) of the solvent boiling point and is both a primary condenser and a freeboard refrigeration device.

Fuel

– all fuels subject to any provision of 20 DCMR c hapt er 9 or T itle 13, California Code of Regulations, Chapter 5, Standards for Motor Vehicle Fuels, §§ 2250 through 2298, except for § 2292.5, 2292.6, and 2292.7.

Furniture coating

– any paint designed for application to room furnishings including but not

lim ited to cabinets, kitchen, bath and vanity

, tables

, chairs

, beds

, and sofas.

Furniture maintenance product

– is the following:

(a) A wax, polish, conditioner, or any other product designed for the purpose of polishing, protecting

, or enhancing finished wood surfaces other than floors; and

(b) Does not include dusting aids, wood cleaners

, and products designed solely for the purpose of cleaning, and products designed to leave a permanent finish including but not limited to stains, sanding sealers

, and l acquers.

Gel

– a colloid in which the disperse phase has combined with the continuous phase to produce a semisolid material, including but not limited to jelly.

General purpose adhesive

– is any non

- aerosol adhesive designed for use on a variety of

subst rates, except for:

(a) Contact adhesives;

(b) Construction, panel, floor covering adhesives;148

(c) Adhesives designed exclusively for application on one (1) specific category of substrates, including but not limited to substrates that are composed of similar materials, including but not limited to different types of metals, paper products, ceramics, plastics, rubbers, or vinyls; or

(d) Adhesives designed exclusively for use on one (1) specific category of articles, including but not limited to art icles that may be composed of different materials but perform a specific function, including but not limited to gaskets, automotive trim,

weather

- stripping, or carpets.

General purpose cleaner

– is the following:

(a) A product designed for general all

- p urpose cleaning, in contrast to cleaning products designed to clean specific substrates in certain situations, including but not limited to products designed for general floor cleaning, kitchen or countertop cleaning, and cleaners designed to be used on a variety of hard surfaces; and

(b) Does not include general purpose degreasers and electronic cleaners.

General purpose degreaser

– is the following;

(a) Any product labeled to remove or dissolve grease, grime, oil and other oil

- based

contaminants from a variety of substrates, including automotive or miscellaneous metallic parts; and

(b) Does not include engine degreaser, general purpose cleaner, adhesive remover, electronic cleaner, electrical cleaner, energized electrical cleaner, metal polish/clean ser, products used exclusively in solvent cleaning tanks or related equipment, or products that are sold exclusively to establishments which manufacture or construct goods or commodities, and

are labeled “not for retail sale”.

General

- use hand or body cl eaner or soap

– is the following:

(a) A cleaner or soap designed to be used routinely on the skin to clean or remove typical or common dirt and soils, including but not limited to hand or body washes, dual

- purpose shampoo

- body cleaners, shower or bath ge ls, and moisturizing cleaners or soaps; and

(b) Does not include prescription drug products, antimicrobial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, hand dishwashing detergent including but not limited to antimicrobial, heav y

- duty hand cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

Glass cleaner

– is the following:

(a) A cleaning product designed primarily for cleaning surfaces made of glass; and149

(b) Does not include products designed solely f or the purpose of cleaning optical materials used in eyeglasses, photographic equipment, scientific equipment and photocopying

machines.

Graffiti remover

– a product whose label states the product’s purpose is to remove spray paint, ink, marker, crayon, l ipstick, nail polish, or shoe polish, from a variety of non

- cloth or non

- fabric

substrates. Graffiti remover does not include paint remover or stripper, nail polish remover, or

spot remover. Products labeled for dual use as both a paint stripper and graffi ti remover are considered graffiti removers.

Graphic arts coating or sign paint

– a coating labeled and for mulated for hand

- application by artists using brush or roller techniques to indoor and outdoor signs excluding struc tural components and murals in cluding letter enamels, poster colors, copy blockers, and bulletin

enamels.

Gravure

– any process for producing prints from a plate where the image is etched or sunk below the surface of the plate where:

(a) The depression is usually a series of dots or wells;

(b) The depression is shallower in depth than the depression intaglio;

(c) The ink applied to the plate is fluid under room temperature; and

(d) The ink is absorbed by the paper (or other substrate) out of the wells or depressions.

Hair mousse

– a hair styling foam designed to facilitate styling of a coiffure and provide limited holding power.

Hair shine

– is the following:

(a) Any product designed for the primary purpose of creating a shine when applied to the hair, including but not limited to dual

- use products designed primarily to impart a sheen to the hair; and

(b) Does not include hair spray, hair mousse, hair styling product, hair styling gel, or products whose primary purpose is to condition or hold the hair.

Hairspray

– is the follo wing:

(a) For products manufactured before January 1, 2012

, a consumer product designed primarily for the purpose of dispensing droplets of a resin on and into a hair coiffure which will impart sufficient rigidity to the coiffure to establish or retain th e style for a period of time; and150

(b) For products manufactured on or after January 1, 2012

, a consumer product that is applied to styled hair, and is designed or labeled to provide sufficient rigidity, to hold, retain or finish the style of the hair for a period of time, which:

(1) Includes aerosol hair sprays, pump hair sprays, spray waxes

, color, glitter, or sparkle hair sprays that make finishing claims

, and products that are both a styling and finishing product;

(2) Does not include spray products that are intended to aid in styling but does not provide finishing of a hairstyle; and

(3) For the purposes of this definition, “finish” or “finishing” means the maintaining or holding of previously styled hair for a period of time, and “styling” means t he forming, sculpting, or manipulating hair to temporarily alter the hair’s shape.

Hair styling gel

– a consumer product manufactured before January 1, 2012 , that is a high viscosity, often gelatinous, product that contains a resin and is designed for the application to hair to aid in styling and sculpting of the hair coiffure.

Hair styling product

– a consumer product manufactured on or after January 1, 2012 , that is designed or whose label states the product’s purpose is to aid in defining, shaping, lif ting, styling

, or sculpting of the hair:

(a) Including, but not limited to

, hair balm, clay, cream, crème, curl straightener, gel, liquid, lotion, paste, pomade, putty, root lifter, serum, spray gel, stick, temporary hair straightener, wax, spray products that aid in styling but do not provide finishing of a hairstyle, and leave

- in volumizers, detanglers, or conditioners that make styling claims;

(b) Excluding hair mousse, hair shine, hair spray, or shampoos or conditioners that are rinsed

from the hair b efore styling; and

(c) For the purposes of this definition, “finish” or “finishing” means the maintaining or holding of previously styled hair for a period of time, and “styling” means the forming, sculpting, or manipulating hair to temporarily alter the hair’s shape.

Hand application methods

– the application of adhesive or sealant by manually held equipment. Such equipment includes paint brush, hand roller, trowel, spatula, dauber, rag, sponges, and mechanically

- or pneumatic

- driven syringes without ato mization of the materials.

Heatset

– a lithographic printing process where the ink s and other materials applied to the substrate are dried, set, cured, or otherwise treated by the action of heat in a heatset dryer

, excluding treatment by the use of ultrav iolet light ;

Heatset dryer

– a hot air dryer used in heatset lithography to heat the printed substrate and to promote the evaporation of ink solvents or oils.151

Heavy

- duty hand cleaner or soap

– is the following:

(a) A product designed to clean or remove difficult dirt and soils such as oil, grease, grime, tar, shellac, putty, printer’s ink, paint, graphite, cement, carbon, asphalt, or adhesives
from the hand with or without the use of water; and

(b) Does not include prescription drug products, antimicro bial hand or body cleaner or soap, astringent/toner, facial cleaner or soap, general

- use hand or body cleaner or soap, medicated astringent/medicated toner, or rubbing alcohol.

Herbicide

– a pesticide product designed to kill or retard a plant’s growth, b ut excludes products that are for agricultural use or restricted materials that require a permit for use and possession.

High precision optic

– an optical element used in an electro

- optical device to sense, detect, or transmit light energy, including spec ific wavelengths of light energy and changes in light energy

levels.

High

- temperature coating

– a high performance coating whose label states as the product’s purpose and is formulated for application to substrates exposed continuously or intermittently t o temperatures above two hundred and four degrees Celsius (204° C ) or four hundred degrees Fahrenheit ( 400° F).

High volatility organic compound (HVOC)

– any volatile organic compound that exerts a vapor pressure greater than eighty millimeters of mercury (80 mm

. Hg) when measured at twenty degrees Celsius (20 o C ) or sixty

- eight degrees Fahrenheit ( 68o F ).

High

- volume low

- pressure (HVLP) spray

– a spray coating method wherein the coating is applied using a high

- volume, low

- pressure spray coating applicati on system (spray gun) which is designed to operate between one tenth pounds (0.1 lb. ) and ten pounds (10.0 lb. ) per square inch gauge (psig) air pressure, measured dynamically at the center of the air cap and at the air horns.

High volume

- low pressure sp ray

– the application of a coating with a gun which operates

between one tenth pounds (0.1 lb. ) and ten pounds (10.0 lb. ) per square inch guage ( psig ) air

pressure.

Household product

– any consumer product that is primarily designed to be used inside or outside of living quarters or residences that are occupied or intended for occupation by individuals, including the immediate surroundings.

Immersion cold cleaning machine

– a cold cleaning machine in which the parts are immersed in the solvent when being cleaned.

Impacted immersion coating

– a high performance maintenance coating formulated and recommended for application to steel structures subject to immersion in turbulent, debris

- laden

water. These coatings are specifically resistant to high

- energy i mpact damage caused by floating

ice or debris.152

Indoor floor covering installation adhesive

– any adhesive intended by the manufacturer for use in the installation of wood flooring, carpet, resilient tile, vinyl tile, vinyl

- backed carpet,

resilient sheet a nd roll

, or artificial grass. Adhesives used to install ceramic tile and perimeter bonded sheet flooring with vinyl backing onto a non

- porous substrate, such as flexible vinyl, are excluded from this category.

Industrial cleaning solvent

– any liquid cont aining a volatile organic compound or combination of volatile organic compounds, which is used as a cleaning agent in a solvent cleaning operation.

Industrial maintenance coating

– a high performance architectural coating, including primers, sealers, unde rcoaters, intermediate coats, and topcoats, formulated for application to substrates exposed to one or more of the following extreme environmental conditions listed as follows and labeled as set forth in § 776:

(a) Immersion in water, wastewater, or chemi cal solutions (aqueous and non

- aqueous solutions), or chronic exposures of interior surfaces to moisture condensation;

(b) Acute or chronic exposure to corrosive, caustic, or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solution s;

(c) Repeated exposure to temperatures above one hundred twenty

- one degrees Celsius (121°

C ) or two hundred fifty degrees Fahrenheit ( 250° F);

(d) Repeated heavy abrasion, including mechanical wear and repeated scrubbing with industrial solvents, clean sers, or scouring agents; or

(e) Exterior exposure of metal structures and structural components.

Inking cylinder

– the contrivance, usually a cylinder, which applies the ink to the printing plate

.

In

- line vapor cleaning machine

– a vapor cleaning machi ne that uses an automated parts handling system, typically a conveyor, to automatically provide a supply of parts to be cleaned.

In

- line vapor cleaning machines are fully enclosed except for the conveyor inlet and exit portals.

Insecticide

– is the follow ing:

(a) A pesticide product that is designed for use against insects or other arthropods; and

(b) Excludes products that are for agricultural use, for a use that requires a structural pest control license under applicable District of Columbia laws or r egulations, or restricted materials that require a permit for use and possession.

Insecticide fogger

– any insecticide product designed to release all or most of its content, as a fog or mist, into indoor areas during a single application

.153

Institutional product or industrial and institutional (I & I) product

– is the following:

(a) A consumer product that is designed for use in the maintenance or operation of an establishment that manufactures, transports, or sells goods or commodities; provides

service s for profit; or is engaged in the nonprofit promotion of a particular public, educational, or charitable cause, including but not limited to, government agencies, factories, schools, hospitals, sanitariums, prisons, restaurants, hotels, stores, automobile service and parts centers, health clubs, theaters, or transportation companies; and

(b) Excludes household products and products that are incorporated into or used exclusively in the manufacture or construction of the goods or commodities at the site of the

establishment.

Intaglio

– the method of printing from plates in which the image is etched or sunk below the surface of the plate and where:

(a) The depression is usually a line or area;

(b) The depression is deeper than the depression of the grav ure dots;

(c) The ink used is viscous under room temperature; and

(d) The ink is transferred to the paper (or other substrate) at least partly by pressure.

Janitorial cleaning

– the cleaning of building or facility components, including but not limite d to, floors, ceilings, walls, windows, doors, stairs, bathrooms, furnishings, and exterior surfaces of office equipment, and excluding the cleaning of work areas where manufacturing or repair activity is performed.

Janitorial products

– products used for the janitorial cleaning of building or facility components including, but limited to, floors, ceilings, walls, windows, doors, stairs, and bathrooms.

Kerosene

– any light petroleum distillate that is commonly or commercially known, sold, or represented a s kerosene that is used in space heating, cook stoves, and water heaters, and is suitable for use as a light source when burned in wick

- fed lamps.

Label

– any written, printed, or graphic matter affixed to, applied to, attached to, blown into, formed, mo lded into, embossed on, or appearing upon any consumer product or consumer product package, for purposes of branding, identifying, or giving information with respect to the product or to the contents of the package.

Lacquer

– a clear or opaque wood coatin g, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective film.

Laminate

– a product made by bonding together two (2) or more layers of mat erial.154

Large appliance coatings

– A product that includes paints, sealants, caulks, inks, adhesives, and maskants, except for the use of quick

- drying lacquers for repair of scratches and nicks that occur during assembly, provided that the volume of coatin g does not exceed ninety

- five one hundredths of a liter (0.95 L ) or twenty

- five hundredth gallons ( 0.25 gal.) in any one eight

- hour period.

Large appliance part

– Any organic surface

- coated metal lid, door, casing, panel, or other

interior or exterior met al part or accessory that is assembled to form a large appliance product.

Large appliance product

– Any organic surface

- coated metal range, oven, microwave oven, refrigerator, freezer, washer, dryer, dishwasher, water heater, or trash compactor manufactu red for household, commercial, or recreational use.

Laundry prewash

– a product that is designed for application to a fabric before laundering and that supplements and contributes to the effectiveness of laundry detergents or provides specialized performa nce.

Laundry starch product

– a product that is designed for application to a fabric, either during or after laundering, to impart and prolong a crisp, fresh look and may also act to help ease ironing of the fabric including but not limited to fabric fini sh, sizing, and starch.

Lawn and garden insecticide

– an insecticide product whose label states the product’s purpose is primarily to be used in household lawn and garden areas to protect plants from insects or other arthropods. Notwithstanding the requir ements of § 732.11 and 732.12, aerosol lawn and garden insecticide may claim to kill insects or other arthropods.

Letterpress

– any method of printing from type, plates, or other characters cast or engraved in relief upon metal, wood, or other material in which the ink is applied directly to the paper (or other substrate) from the printing plate, and the impression is made by pressing the inked plate to

the substrate.

Letterset

– an indirect letterpress process in which the ink is transferred from a relie f plate to a blanket and then from the blanket to the paper (or other substrate).

Liquid

– is the following:

(a) A substance or mixture of substances that is capable of a visually detectable flow as

determined under ASTM D

- 4359

- 90(2000)e1, including any subsequent amendments;

and

(b) Does not include powders or other materials that are composed entirely of solid particles.

Lithography

– a planographic printing process where the image and non

- image areas are chemically differentiated, the image area i s oil receptive, and the non

- image area is water155

receptive. This method differs from other printing methods, where the image is typically printed

from a raised or recessed surface.

Low

- solids coating, adhesive, sealant, or primer

– a coating containing tw elve one hundredths

of a kilogram (0.12 kg

. ) or less of solids per liter ( one pound ( 1 lb.) or less of solids per gallon)

of material.

Lubricant

– is the following:

(a) A product designed to reduce friction, heat, noise, or wear between moving parts, or to loosen rusted or immovable parts or mechanisms; and

(b) Does not include automotive power steering fluids, products for use inside power generating motors, engines, and turbines, and their associated power

- transfer gearboxes,

two (2) cycle oils or ot her products designed to be added to fuels, products for use on the human body or animals, products that are sold exclusively to establishments that manufacture or construct goods or commodities, and products labeled not for retail sale.

LVP content

– th e total weight, in pounds, of LVP compounds in an ACP product multiplied by one hundred (100) and divided by the product's total net weight, in pounds, excluding container and packaging, expressed to the nearest tenth (0.1).

LVP

- VOC

– is the following:

(a) A chemical compound or mixture that contains at least one (1) carbon atom and meets

one of the following:

(1) Has a vapor pressure less than one tenth millimeters of mercury (0.1 mm Hg) at twenty degrees Celsius (20 o C ) or sixty

- eight degrees Fahrenh eit ( 68° F ), as determined by CARB Method 310;

(2) Is a chemical compound with more than twelve (12) carbon atoms, or a chemical “mixture” comprised solely of “compounds” with more than twelve (12) carbon atoms as verified by formulation data, and the va por pressure and boiling points are unknown;

(3) Is a chemical compound with a boiling point greater than two hundred and sixteen degrees Celsius (216 o C ) or sixty

- eight degrees Fahrenheit ( 68° F ), as determined by CARB Method 310; or

(4) Is the weight percent of a chemical mixture that boils above two hundred and sixteen degrees Celsius (216 o C ) or sixty

- eight degrees Fahrenheit ( 68° F ), as determined by CARB Method 310;

(b) Chemical compound means a molecule of definit e chemical formula and isomeric structure, and156

(c) Chemical mixture means a substrate comprised of two (2) or more chemical compounds.

Magnesite cement coating

– a coating whose label states as the product’s purpose and is formulated for application to magnesite cement decking to pro tect the magnesite cement substrate from erosion by water.

Magnet wire

– Wire used in electromagnetic field application in electrical machinery and equipment such as transformers, motors, generators, and magnetic tape recorders.

Manufacturer

– any person who imports, manufactures, assembles, produces, packages, repackages, or re

- labels a consumer product or portable fuel container or spout or combination portable fuel container and spout.

Marine deck sealant or marine deck sealant primer

– any sealant or sealant primer whose label states the product’s purpose is for application to wooden marine decks.

Maskant

– Decorative, protective, or functional materials that consist only of protective oils for metal, acids, bases, or any combination of these substan ces that are not considered metal furniture coatings.

Mastic texture coating

– a coating whose label states the product’s purpose and is formulated to cover holes and minor cracks and to conceal surface irregularities, and is applied in a single coat

of a t least ten one

- thousandth of an inch (0.010 in. ) dry film thickness.

Medical equipment manufacturing

– the manufacture of medical devices, such as, but not limited to, catheters, heart valves, blood cardioplegia machines, tracheostomy tubes, blood

oxygen ators, and cardiatory reservoirs.

Medicated astringent/medicated toner

– is the following:

(a) Any product regulated as a drug by the FDA that is applied to the skin for the purpose of cleaning or tightening pores including but not limited to clarifiers and substrate

impregnated products; and

(b) Does not include hand, face, body cleaner or soap products, astringent/toner, cold cream, lotion, antiperspirants, or products that must be purchased with a doctor’s prescription.

Medium volatility organic co mpound (MVOC)

– any volatile organic compound that exerts a vapor pressure greater than two millimeters of mercury (2 mm

. Hg) and less than or equal to eighty millimeters of mercury (80 mm

. Hg) when measured at twenty degrees Celsius (20 o C ) or sixty

- eight degrees Fahrenheit ( 68° F ).

Metal furniture coatings

– includes paints, sealants, caulks, inks, adhesives, and maskants that are applied to metal furniture substrates, such as:157

(a) Paints and adhesives that are typically applied without a primer;

(b) Higher s olids and powder coatings; and

(c) Coatings that provide a covering finish, or functional or protective layer, and can also provide a decorative finish to metal furniture.

Metal furniture substrate

– the furniture or components of furniture, constructed eith er entirely or partially from metal.

Metallic pigmented coating

– a coating containing at least forty

- eight grams (48 g

. ) of elemental metallic pigment per liter of coating as applied ( four tenths of a pound ( 0.4 lb.) per gallon), when tested in accordanc e with SCAQMD Method 318

- 95.

Metal polish/cleanser

– is the following:

(a) Any product designed primarily to improve the appearance of finished metal, metallic, or metallized surfaces by physical or chemical action;

(1) Including, but not limited t o, metal polishes used on brass, silver, chrome, copper,

stainless steel

, and other ornamental metals; and

(2) “To improve the appearance” means to remove or reduce stains, impurities, or oxidation from surfaces or to make surfaces smooth and shiny; and

(b) Excluding automotive wax, polish, sealant or glaze, wheel cleaner, paint remover or stripper, products designed and whose label states the product’s purpose is exclusively for automotive and marine detailing, or products designed for use in degreasin g tanks.

Metal to urethane/rubber molding or casting adhesive

– any adhesive intended by the manufacturer to bond metal to high density or elastomeric urethane or molded rubber materials, in heater molding or casting processes, to fabricate products such as rollers for computer printers or other paper handling equipment.

Miscellaneous metal product and plastic parts surface coatings

– coatings that are applied to the surfaces of a range of metal and plastic parts and products, which are constructed eithe r entirely or partially from metal or plastic, to protect metal parts from corrosion by providing resistance to moisture, heat, and sometimes the outdoor elements; or to provide color, texture, or protection of plastic parts, thus improving appearance and durability, or to attenuate electromagnetic interference or radio frequency interference signals, and to conceal mold lines

and flaws in the substrate surface.

Miscellaneous metal products facility

– a facility that manufactures and repairs fabricated me tal, machinery, computer and electronic equipment, transportation equipment, and rail transportation equipment, and typically uses coating technologies such as higher solids, waterborne, and powder coatings, as well as conventional solvent

- borne coatings.158

Missing data days

– the number of days in a compliance period for which the responsible ACP party has failed to provide the required enforceable sales or VOC content data to the Department, as specified in the ACP Agreement approving an ACP.

Mist spray a dhesive

– any aerosol that is not a special purpose spray adhesive and that delivers a particle or mist spray, resulting in the formation of fine, discrete particles that yield a generally uniform and smooth application of adhesive to the substrate.

Mobil e equipment

– equipment which may be driven or is capable of being driven on a roadway, including but not limited to: automobiles, trucks, truck cabs, truck bodies, truck trailers, buses, motorcycles, utility bodies, camper shells, mobile cranes, bulldozer s, street cleaners, golf carts, ground support vehicles used in support of aircraft activities at airports, and farm equipment.

Motor vehicle adhesive

– an adhesive, including glass bonding adhesive, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied for the purpose of bonding two (2) vehicle surfaces together without regard to the substrates involved.

Motor vehicle glass bonding primer

– a primer, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to windshield or other glass, or to body openings, to prepare the glass or body opening for the application of glass bonding adhesives or the installation of adhesive bonded glass. Motor vehicle glass bonding prime r includes glass bonding and cleaning primers that perform both functions (cleaning and priming of the windshield or other glass, or body openings) before the application of adhesive or the installation of adhesive bonded glass.

Motor vehicle weatherstrip adhesive

– an adhesive, used at a facility that is not an automobile or light

- duty truck assembly coating facility, applied to weatherstripping materials for bonding the weatherstrip material to the surface of the vehicle.

Multi

- color coating

– a coating that is packaged in a single container and that exhibits more

than one (1) color when applied in a single coat.

Multi

- purpose construction adhesive

– any adhesive intended by the manufacturer for use in installation or repair of various construction mate rials, including but not limited to

, drywall, subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile

, and acoustical cement.

Multi

- purpose dry lubricant

– any lubricant which is designed and whose label states the product’s purpose is to provi de lubrication by depositing a thin film of graphite, molybdenum disulfide (moly), or polytetrafluoroethylene or closely related fluoropolymer (teflon) on surfaces, and designed for general purpose lubrication, or for use in a wide variety of applications.

Multi

- purpose lubricant

– any lubricant designed for general purpose lubrication, or for use in a wide variety of applications. This term does not include multi

- purpose dry lubricants, penetrants, or silicone

- based multi

- purpose lubricants.159

Multi

- purpos e solvent

– is any organic liquid designed to be used for a variety of purposes, including cleaning or degreasing of a variety of substrates, or thinning, dispersing or dissolving other organic materials:

(a) Including solvents used in institutional facil ities, except for laboratory reagents used in analytical, educational, research, scientific

, or other laboratories; and

(b) Excluding solvents used in cold cleaners, vapor degreasers, conveyorized degreasers or film cleaning machines, or solvents that ar e incorporated into, or used exclusively in the manufacture or construction of, the goods or commodities at the site of the establishment.

Nail polish

– any clear or colored coating designed for application to the fingernails or toenails and including but not limited to, lacquers, enamels, acrylics, base coats

, and top coats.

Nail polish remover

– a product designed to remove nail polish and coatings from fingernails or

toenails.

Nominal capacity

– the volume indicated by the manufacturer that represents the maximum recommended filling level.

Non

- aerosol product

– any consumer product that is not dispensed by a pressurized spray

system.

Non

- carbon containing compound

– any compound that does not contain any carbon atoms.

Non

- flat coating

– a coating th at is not defined under any other definition in this rule and that registers a gloss of fifteen (15) or greater on an eighty

- five (85) degree meter and five (5) or greater on a sixty (60) degree meter according to ASTM Designation D 523

- 89 (1999)

, incorpor ated by reference in § 778.5

.

Non

- flat high gloss coating

– a non

- flat coating that registers a gloss of seventy (70) or above on a sixty (60) degree meter according to ASTM Designation D 523

- 89 (1999) , incorporated by reference in § 778.5

.

Non

- heatset

– as applied to offset lithography or letterpress printing operations subject to the requirements of § 716, any operation where the printing inks are set without the use of heat. For the purposes of § 716, infrared heater or printing conducted using ultravi olet

- cured or electron

beam

- cured inks are considered non

- heatset.

Non

- industrial use

– any use of architectural coatings, except in the construction or maintenance of any of the following:

(a) Facilities used in the manufacturing of goods and commodit ies;

(b) Transportation infrastructure, including highways, bridges, airports

, and railroads;160

(c) Facilities used in mining activities, including petroleum extraction; and

(d) Utilities infrastructure, including power generation and distribution, a nd water treatment and distribution systems.

Non

- membrane roof installation/repair adhesive

– any adhesive intended by the manufacturer for use in the installation or repair of non

- membrane roofs and that is not intended for use in the installation of pre fabricated single

- ply flexible roofing membrane. This category includes plastic or asphalt roof cement, asphalt roof coatings, and cold application cement.

Non

- membrane roof installation/repair solvent

– any solvent intended by the manufacturer for

use i n the installation or repair of non

- membrane roofs and that is not intended for use in the installation of prefabricated single

- ply flexible roofing membrane.

Non

- resilient flooring

– flooring of a mineral content that is not flexible, including but not limited to terrazzo, marble, slate, granite, brick, stone, ceramic tile

, and concrete.

Non

- selective terrestrial herbicide

– a terrestrial herbicide product that is toxic to plants without regard to species.

Nuclear coating

– a protective coating formula ted and recommended to seal porous surfaces such as steel or concrete that otherwise would be subject to intrusion by radioactive materials;

(a) These coatings must be resistant to long

- term (service life) cumulative radiation exposure

in accordance with ASTM Method D 4082

- 89, Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light

- Water Nuclear Power Plants; and

(b) Relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be expos ed in accordance with ASTM Method D 3912

- 80 (Reapproved 1989), Standard Test Method for Chemical Resistance of Coatings Used in Light

- Water Nuclear Power Plants.

Off

- line cleaning

– the cleaning of inks, coatings, and adhesives from press parts that have been removed from the press for cleaning.

Offset printi ng process

– a printing process that transfers the ink film from the lithographic plate to an intermediary ( a blanket, made of rubber or other material) which, in turn, transfers the

ink film to the s ubstrate

.

One

- product business

– a responsible ACP party that sells, supplies, offers for sale, or

manufactures for use in District of Columbia:

(a) Only one (1) distinct ACP product, sold under one (1) product brand name, that is subject to the requirem ents of § 720; or161

(b) Only one (1) distinct ACP product line subject to the requirements of §720, in which all the ACP products belong to the same product category or categories and the VOC contents in the products are within ninety

- eight percent (98%) an d one hundred two percent (102%) of the arithmetic mean of the VOC contents over the entire product line.

Outboard engine

– a spark

- ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine and drive unit external to the hull of the

marine watercraft.

Outdoor floor covering installation adhesive

– any adhesive intended by the manufacturer for use in the installation of floor covering that is not in an enclosure and that is exposed to ambient

we ather conditions during normal use.

Oven cleaner

– any cleaning product designed to clean and to remove dried food deposits from

oven walls.

Paint

– any pigmented liquid, liquefiable, or mastic composition, including several categories of primers, topco ats, and specialty coatings, typically defined by the coating’s function, which is designed for application to a substrate in a thin layer which is converted to an opaque solid film after application and is used for protection, decoration

, or identificatio n, or to serve some functional purpose including but not limited to the filling or concealing of surface irregularities or the modification of light and heat radiation characteristics.

Paint remover or stripper

– is the following:

(a) Any product design ed to strip or remove paints or other related coatings, by chemical action, from a substrate without markedly affecting the substrate; and

(b) Excludes multi

- purpose solvents, paint brush cleaners, products designed and whose label states the product’s p urpose is exclusively as “graffiti removers”, and hand cleaner products that claim to remove paints and other related coatings from skin.

Panel installation

– the installation of plywood, pre

- decorated hardboard (or tileboard), fiberglass reinforced plast ic, and similar pre

- decorated or non

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

Paper

- wipe

– the method of removing ink from the non

- image areas of the printing plate by using paper.

Penetrant

– is the fol lowing:

(a) A lubricant designed and whose label states the product’s purpose is primarily to loosen metal parts that have bonded together due to rusting, oxidation, or other causes; and

(b) Excludes multi

- purpose lubricants that claim to have penetrat ing qualities, but are not whose label states the product’s purpose is primarily to loosen bonded parts.162

Percent VOC by weight

– the ratio of the weight of the VOC to the weight of the material, expressed as a percentage of VOC by weight. The percent VOC by weight can be calculated as

follows:

where: Wv = Weight of VOCs in grams; and

W = Weight of material in grams.

Perimeter bonded sheet flooring installation

– the installation of sheet flooring with vinyl backing onto a nonporou s substrate using an adhesive designed to be applied only to a strip of up

to four inches (4 in. ) wide around the perimeter of the sheet flooring.

Permeation

– means the process by which individual fuel molecules may penetrate the walls and

various assem bly components of a portable fuel container directly to the outside ambient air.

Personal fragrance product

– is the following:

(a) Any product which is applied to the human body or clothing for the primary purpose of adding a scent or masking a malodor, including cologne, perfume, aftershave, and toilet water; and

(b) Does not include deodorant; medicated products designed primarily to alleviate fungal or bacterial growth on feet or other areas of the body; mouthwashes, breath fresheners

, and

deodorize rs; lotions, moisturizers, powders

, or other skin care products used primarily to alleviate skin conditions such as dryness or irritations; products designed exclusively for use on human genitalia and; fragrance products designed to be used exclusively on non

human animals.

Pesticide

– is the following:

(a) Any substance or mixture of substances whose label states as the product’s purpose, or is designed or intended for use in preventing, destroying, repelling or mitigating any pest, or any substance or mixture of substances whose label states as the product’s purpose, or is designed or intended for use as a defoliant, desiccant, or plant regulator; and

(b) Does not include any substance, mixture of substances, or device that the United States

Environm ental Protection Agency does not consider to be a pesticide.

Pharmaceutical products

– a preparation or compound, which includes any drug, analgesic, decongestant, antihistamine, cough suppressant, vitamin, mineral, or herb supplement intended

for human o r animal consumption and used to cure, mitigate or treat disease or improve or

enhance health.163

Photochemically reactive solvent

– any solvent with an aggregate of more than twenty percent ( 20% ) of its total volume composed of chemical compounds classified below or which exceeds any of the following individual percentage composition limitations:

(a) A combination of hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones having an olefinic or cycl o

- olefinic type of unsaturation that account for five percent ( 5% ) or more of the total volume of a solvent;

(b) A combination of aromatic compounds with eight (8) or more carbon atoms to the molecule except ethylbenzene that account for eight percent (8%) or more of the total volume of a solvent; or

(c) A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichloroethylene or toluene that account for twenty percent (20%) or more of the total

volume of a solvent.

Plastic cement welding adhesive

– any adhesive intended by the manu facturer for use to dissolve the surface of plastic to form a bond between mating surfaces.

Plastic cement welding adhesive primer

– any primer intended by the manufacturer for use to prepare plastic substrates before bonding or welding.

Plastic foam

– f

oam constructed of plastic.

Plasticizer

– a material, such as high boiling point organic solvent, that is incorporated into a vinyl to increase its flexibility, workability, or distensibility, as determined by the ASTM

Method E

- 260

- 96.

Plastics

– synthet ic material 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.

Plastic part

– A piece made from a substance that has been formed from resin through the application of pressure or heat or both.

Plate

– a plate or cylinder or any other contrivance that carries the image to be printed and to which ink is app lied. The inked plate transfers the image to the paper (or other substrate) either directly, or, in the offset process, indirectly through a blanket.

Polyvinyl chloride (PVC) plastic

– a polymer of the chlorinated vinyl monomer that contains fifty

- seven p ercent (57%) chlorine.

Polyvinyl chloride (PVC) welding adhesive

– any adhesive intended by the manufacturer for the welding of PVC plastic pipe. PVC plastic is a polymer of the chlorinated vinyl monomer that contains fifty

- seven percent (57%) chlorine an d which is normally identified with a PVC marking.164

Porous material

– a substance that has tiny openings, often microscopic, in which fluids may be absorbed or discharged. Such materials include, but are not limited to, paper, corrugated paperboard, and, except for the limit in Category 5 (Adhesives Applied To Particular Substrates )

in the Table of Standards in § 744. 2 , wood.

Portable fuel container

– any container or vessel, with a nominal capacity of ten (10) gallons or less, intended for reuse, that i s designed, used, sold, advertised, or offered for sale for receiving, transporting, storing, and dispensing fuel or kerosene. Portable fuel containers do not include containers or vessels permanently embossed or permanently labeled, as described in 49 C

. F

. R

. § 172.407(a), as the rule existed on September 15, 2005, with language indicating said containers or vessels are solely intended for use with non

- fuel or non

- kerosene products.

Post

- consumer coating

– a finished coating that would have been disposed of in a landfill, having completed its usefulness to a consumer, and does not include manufacturing wastes.

Pre

- ACP VOC content

– the lowest VOC content of an ACP product between January 1, 1990, and the date on which the application for a proposed ACP is submitted to the Department, based on either the data on the product obtained from the March 12, 1991, CARB Consumer Products Survey, or other accurate records available to the Department, whichever yields the lowest VOC content for the product.

Pressuri zed gas duster

– a pressurized product whose label states the product’s purpose is to remove dust from a surface solely by mass air or gas flow, including surfaces such as photographs, photographic film negatives, computer keyboards, and other types of sur faces that

cannot be cleaned with solvents. Pressurized gas duster does not include a dusting aid.

Pre

- treatment wash primer

– a primer that contains a minimum of one half of a percent (0.5%) acid, by weight, when tested in accordance with ASTM Designatio n D 1613

- 96, incorporated by reference into § 77 8.5, that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.

Primer

– a coating whose label states the p roduct’s purpose is, and is formulated for, application to a substrate to provide a firm bond between the substrate and subsequent coats.

Principal display panel or panels

– that part, or those parts, of a label that are so designed as to most likely be d isplayed, presented, shown

, or examined under normal and customary conditions of display or purchase. Whenever a principal display panel appears more than once, all requirements pertaining to the principal display panel shall pertain to all such principal display panels.

Printing

– the process of producing images, coatings, or other design on paper (or other substrate) by the use of inks.165

Printing operation

– each operation used in connection with printing, including

, but not limited to, the printing itse lf, lithographic varnish and coating operations, ink manufacture, ink mixing, preparing, and packaging the printed products and disposal of the waste.

Printing press

– a printing production assembly composed of one (1) or more printing units to produce a printed sheet or web or substrate including any associated coating, spray powder application, heatset web dryer, ultraviolet or electron beam curing units, or infrared heating units

.

Printing unit

– one (1) or more pieces of equipment used for the simult aneous placing of one (1) or more inks on paper (or some other substrate) in the process of printing. A printing press often contains more than one (1) printing unit, each unit successively printing a separate portion of the total printing.

Product brand name

– the name of the product exactly as it appears on the principal display panel of the product.

Product category

– the applicable category that best describes the product as listed in this section and § 720.

Product line

– a group of products of ide ntical form and function belonging to the same product category or categories.

Propellant

– a liquid or compressed gas that is used, in whole or in part, such as a co

- solvent, to expel a liquid or any other material from the same self

- pressurized containe r or from a separate

container.

Pump spray

– a packaging system in which the product ingredients within the container are not under pressure and in which the product is expelled only while a pumping action is applied to a button, trigger or other actuato r.

Quick

- dry enamel

– a non

- flat coating that is labeled as specified in § 776.1(h) and that is formulated to have the following characteristics:

(a) Is capable of being applied directly from the container under normal conditions with ambient temperature s between sixteen degrees Celsius (16o C ) or sixty

- one degrees Fahrenheit ( 61o F ) and twenty

- seven degrees Celsius (27° C ) or eight

- one degrees Fahrenheit ( 81o F );

(b) When tested in accordance with ASTM Designation D 1640

- 95, incorporated by

reference in § 778.5, sets to touch in two (2) hours or less, is tack free in four (4) hours or less, and dries hard in eight (8) hours or less by the mechanical test method; and

(c) Has a dried film gloss of seventy (70) or above on a sixty (60) degree meter.166

Quick

- dry primer sealer and undercoater

– a primer, sealer, or undercoater that is dry to the touch in thirty (30) minutes and can be re

- coated in two (2) hours when tested in accordance with ASTM Designation D 1640

- 95 , incorporated by reference in § 778.5

.

RA CT

– Reasonably Available Control Technology.

Reactive diluent

– a liquid that is a reactive organic compound during application and that, through chemical or physical reactions, such as polymerization, twenty percent (20%) or more of the reactive organi c compound becomes an integral part of the finished material.

Reactive Penetrating Carbonate Stone Sealer

– a clear or pigmented coating whose label states the product’s purpose is, and is formulated for, application to above

- grade carbonate stone

substra tes to provide protection from water and waterborne contaminants, including, but not limited to, alkalis, acids, and salts. Reactive Penetrating Carbonate Stone Sealers must penetrate into carbonate stone substrates and chemically react to form covalent bo nds with naturally occurring minerals in the substrate. Reactive Penetrating Carbonate Stone Sealers line the pores of carbonate substrates with a hydrophobic coating, but do not form a surface film. Reactive Penetrating Carbonate Stone Sealers must:

(a) Impr ove water repellency at least eighty percent (80%) after application on a carbonate stone substrate. This performance must be verified on standardized test specimens, in accordance with, ASTM C67

- 07, ASTM C97

- 02, or ASTM C140

- 06; and

(b) Not reduce the water vapor transmission rate by more than ten percent (10%) after application on a carbonate stone substrate. This performance must be verified on standardized test specimens, in accordance with ASTM E96/E96M

- 05.

Reasonably Available Control Technology (RACT)

– the lowest emission limit for VOCs or

NO

x that a particular source is capable of meeting by the application of control technology that is reasonably available considering technological and economic feasibility.

Reconcile or reconciliation

– to provide suf ficient VOC emission reductions to completely offset any shortfalls generated under the ACP during an applicable compliance period.

Reconciliation of shortfalls plan

– the plan to be implemented by the responsible ACP party when shortfalls have occurred, as approved by the Department pursuant to §735.

Recycled coating

– an architectural coating formulated such that not less than fifty percent (50%) of the total weight is secondary and post

- consumer coating, with not less than ten percent (10%) of the tota l weight consisting of post

- consumer coating.

Reduced room draft

– decreasing the flow or movement of air across the top of the freeboard area of a solvent cleaning machine to less than fifty feet (50 ft. ) per minute ( fifteen and two tenths meters ( 15.2 m .) per minute) by methods including, but not limited to, redirecting fans or167

air vents, moving a machine to a corner where there is less room draft, or constructing a partial or complete enclosure.

Reinforced plastic composites

– a composite material cons isting of plastic reinforced with

fibers.

Remote reservoir cold cleaning machine

– a machine in which liquid solvent is pumped to a

sink

- like work area that immediately drains solvent back into an enclosed container while parts are being cleaned, allowing no solvent to pool in the work area.

Residence

– areas where people reside or lodge, including, but not limited to, single and multiple family dwellings, condo miniums, mobile homes, apartment complexes, motels, and hotels.

Responsible ACP party

– the c ompany, firm

, or establishment that is listed on the ACP product's label. If the label lists two (2) or more companies, firms, or establishments, the responsible ACP party is the party that the ACP product was manufactured for or distributed by,

as noted o n the label.

Responsible party

– the company, firm

, or establishment that is listed on the product's label. If

the label lists two (2) companies, firms or establishments, the responsible party is the party that the product was manufactured for or distrib uted by, as noted on the label.

Restricted materials

– pesticides listed as restricted materials under applicable District of Columbia laws or regulations.

Retailer

– any person who owns, leases, operates, controls, sells, supplies, or offers consumer

pr oducts for sale directly to consumers or supervises a retail outlet.

Retail outlet

– any establishment at which consumer products or portable fuel containers or spouts or combination portable fuel containers and spouts are sold, supplied, or offered for s ale directly to consumers.

Roadway sealant

– any sealant intended by the manufacturer for application to public streets, highways

, and other surfaces, including but not limited to curbs, berms, driveways and parking

lots.

Roller coating

– the application of a coating to a sheet or strip in which the coating is continuously transferred by a roller or series of rollers that rotate opposite of one another.

Roll

- on product

– any antiperspirant or deodorant that dispenses active ingredients by rolling a

wette d ball or wetted cylinder on the affected area.

Roof coating

– is the following:168

(a) A non

- bituminous coating whose label states the product’s purpose is, and is for mulated exclusively for, application to roofs for the primary purpose of preventing pene tration of the substrate by water or reflecting heat and ultraviolet radiation; and

(b) Excludes metallic pig mented roof coatings.

Rotogravure package printing

– a flexible package printing process in which an image (type and art) is etched or engraved below the surface of a plate or cylinder.

Rotogravure package printing press

– an unwind or feed section, which may include more

than one (1) unwind or feed station (such as on a laminator), a series of individual work stations,

one (1) or more of which is a rotogravure print station, any dryers associated with the work stations, and a rewind, stack, or collection station. Inboard and outboard workstations , including those employing any other technology, such as flexography, are included if they are capab le of printing or coating on the same substrate.

Rubber

– any natural or manmade rubber substrate, including but not limited to: styrene

butediene rubber (SBR), polychloroprene (neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene (CSM), and ethylene propylene diene terpolymer (EPDM).

Rubber and vinyl protectant

– is the following:

(a) Any product designed to protect, preserve, or renew vinyl, rubber, and plastic on vehicles, tires, luggage, furniture, and household products such as vi nyl covers, clothing, and accessories; and

(b) Excludes products primarily designed to clean the wheel rim, such as aluminum or magnesium wheel cleaners, and tire cleaners that do not leave an appearance

- enhancing or protective substance on the tire.

Rub bing alcohol

– any product containing isopropyl alcohol (also called isopropanol) or denatured ethanol and whose label states the product’s purpose is for topical use, usually to decrease germs in minor cuts and scrapes, to relieve minor muscle aches, as a rubefacient, and for massage.

Rust preventive coating

– a coating formulated exclusively for non

- industrial use to prevent the corrosion of metal surfaces and labeled as specified in § 776.1(f).

Sanding sealer

– is the following:

(a) A clear or semi

- tr ansparent wood coating whose label states the product’s purpose is, and is formulated for, application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings; and

(b) Doe s not include sanding sealers that also meet the definition of a lacquer.169

SCAQMD

– South Coast Air Quality Management District.

Screen printing

– a process in which the printing ink passes through a web or a fabric to which

a refined form of stencil has been applied where the stencil openings determine the form and dimensions of the imprint.

Sealant

– any material with adhesive properties that is formulated primarily to fill, seal, waterproof

, or weatherproof gaps or joints between two (2) surfaces. Seal ants include sealant primers and caulks.

Sealant and caulking compound

– is the following:

(a) Any product with adhesive properties that is designed to fill, seal, waterproof, or weatherproof gaps or joints between two (2) surfaces;

(b) Does not incl ude roof cements and roof sealants, insulating foams, removable caulking compounds, clear/paintable/water resistant caulking compounds, floor seam sealers, products designed exclusively for automotive uses, or sealers that are applied as continuous coating s;

(1) Removable caulking compounds are compounds which temporarily seal windows

or doors for three (3) to six (6) month time intervals, and

(2) Clear/paintable/water resistant caulking compounds are compounds that contain no appreciable level of opaque fillers or pigments, transmit most or all visible light through the caulk when cured, are paintable, and are immediately resistant to precipitation upon application; and

(c) Does not include units of product, less packaging, which weigh more th an one (1) pound and consist of more than sixteen (16) fluid ounces.

Sealant primer

– any product intended by the manufacturer to be applied to a substrate, before the application of a sealant, to enhance the bonding surface.

Sealer

– a coating whose l abel states the product’s purpose is and is formulated for application to

a substrate for one (1) or more of the following purposes:

(a) To pre vent subsequent coatings from being absorbed by the sub strate; or

(b) To prevent harm to subsequent coating s by materials in the substrate.

Secondary coating (rework)

– is the following:

(a) A fragment of a finished coat ing or a finished coating from a manufacturing process that has converted resources into a commodity of real economic value; and170

(b) Does not include excess virgin resources of the man ufacturing process.

Semisolid

– a product that, at room temperature, will not pour, but will spread or deform easily, including but not limited to gels, pastes, and greases.

Shaving cream

– an aerosol produ ct which dispenses foam lather intended to be used with a blade, cartridge razor, or other wet

- shaving system to remove facial or other bodily hair. Shaving cream does not include shaving gel.

Shaving gel

– an aerosol product that dispenses a post

- foaming semisolid designed to be used with a blade, cartridge razor, or other shaving system to remove facial or other bodily hair. Shaving gel does not include shaving cream.

Sheet

- applied rubber installation

– the process of applying sheet rubber liners by han d to metal or plastic substrates to protect the underlying substrate from corrosion or abrasion. These operations also include laminating sheet rubber to fabric by hand.

Sheet

- fed

– as applied to offset lithography or letterpress printing operations subje ct to the requirements of § 716, a printing process where individual sheets of paper or other substrate are

fed in to the printing press sequentially.

Shellac

– a clear or opaque coating formulated solely with the resinous secretions of the lac beetle ( La ciffer lacca ), thinned with alcohol, and formulated to dry by evaporation without a

chemical reaction.

Shop application

– application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufactu ring, production, or repairing process, including but not limited to original equipment manufacturing coatings.

Shortfall

– is the following:

(a) The ACP emissions minus the ACP limit when the ACP emissions were greater than the ACP limit during a speci fied compliance period, expressed to the nearest pound of VOC;

and

(b) Excludes emissions occurring before the date that the ACP Agreement approving an ACP is signed by the Department.

Silicone

- based multi

- purpose lubricant

– is the following:

(a) Any lubricant which is designed, and whose label states the product’s purpose is, to provide lubricity primarily through the use of silicone compounds, including but not limited to polydimethylsiloxane, and designed and whose label states the product’s

purpos e is for general purpose lubrication, or for use in a wide variety of applications;

and171

(b) Excludes products designed, and whose label states the product’s purpose is, exclusively to release manufactured products from molds.

Single

- phase aerosol air fr eshener

– an aerosol air freshener with the liquid contents in a single homogeneous phase that does not require that the product container be shaken before use.

Single

- ply roof membrane

– a prefabricated single sheet of rubber, normally EPDM (ethylene

pro pylenediene terpolymer), that is applied in a single layer to a building roof.

Single

- ply roof membrane adhesive primer

– any primer whose label states the product’s purpose is for use by the manufacturer for cleaning and promoting adhesion of the single

- ply roof membrane seams or splices before bonding.

Single

- ply roof membrane installation or repair adhesive

– any adhesive whose label states the product’s purpose is for use by the manufacturer for use in the installation or repair of single

ply roof me mbrane.

Single

- ply roof membrane sealant

– any sealant whose label states the product’s purpose is for use by the manufacturer for application to single

- ply roof membrane.

Small business

– shall have the same meaning as defined in applicable District of Columbia laws and regulations.

Solicit

– to require for use or to specify, by written or oral contract.

Solid

– a substance or mixture of substances that, either whole or subdivided (such as the particles comprising a powder), is not capable of visually detectable flow as determined under

ASTM D 4359

- 90(2000)e1, including subsequent amendments, incorporated by reference.

Solvent

– organic compounds that are used as diluents, thinners, dissolvers, viscosity reducers, cleaning agents or other related uses

.

Solvent/air interface

– the location of contact between the concentrated solvent vapor layer and

the air:

(a) This location of contact is defined as the mid

- line height of the primary condenser coils;

and

(b) For a cold cleaning machine, it is the loc ation of contact between the liquid solvent and

the air.

Solvent cleaning machine

– a device or piece of equipment that uses solvent liquid or vapor to remove contaminants, including but not limited to dirt, grease, oil, and coatings, from the

surfaces o f materials. Types of solvent cleaning machines include but are not limited to batch vapor cleaning machines, in

- line vapor cleaning machines, immersion cold cleaning machines,172

remote reservoir cold cleaning machines, airless cleaning systems

, and air

- tigh t cleaning

systems.

Solvent cleaning machine automated parts handling system

– a mechanical device that carries all parts and parts baskets at a controlled speed from the initial loading of soiled or wet parts through the removal of the cleaned or dried parts.

Solvent cleaning machine down time

– the period when a solvent cleaning machine is not cleaning parts and the sump heating coils, if present, are turned off.

Solvent cleaning machine idle time

– the period when a solvent cleaning machine is not actively cleaning parts and the sump heating coil, if present, is turned on.

Solvent cleaning operation

– the removal of loosely held uncured adhesives, uncured inks, uncured coatings, and contaminants, which include, but are not limited to:

(a) Dirt, so il, and grease from parts, products, tools, machinery, equipment, and general work

areas; or

(b) Activities such as wipe cleaning, solvent flushing, or spraying, where each distinct method of cleaning in a cleaning process, which is a series of cleaning methods, constitute a separate solvent cleaning operation.

Solvent cleaning tanks or related equipment

– include, but are not limited to cold cleaners, vapor degreasers, conveyorized degreasers, film cleaning machines, or products designed to

clean miscel laneous metallic parts by immersion in a container.

Solvent flushing

– the use of a solvent to remove uncured adhesives, uncured inks, uncured coatings, or contaminants from the internal surfaces and passages of the equipment by flushing solvent through the equipment.

Special purpose spray adhesive

– an aerosol adhesive that satisfies any of the following

definitions:

(a) Mounting adhesive

– an aerosol adhesive designed to permanently mount photographs, artwork, and any other drawn or printed media to a backing (paper, board, cloth, etc.) without causing discoloration to the artwork;

(b) Flexible vinyl adhesive

– an aerosol adhesive designed to bond flexible vinyl to

substrates. Flexible vinyl means a non

- rigid polyvinyl chloride plastic with at least f ive percent (5%), by weight, of plasticizer content. A plasticizer is a material, such as a high boiling point organic solvent, that is incorporated into a plastic to increase its flexibility, workability, or distensibility, and may be determined using AST M Method E260

- 91, including any subsequent amendments, or from product formulation data;173

(c) Polystyrene foam adhesive

– an aerosol adhesive designed to bond polystyrene foam to substrates;

(d) Automobile headliner adhesive

– an aerosol adhesive designed to bond together layers in motor vehicle headliners;

(e) Polyolefin adhesive

– an aerosol adhesive designed to bond polyolefins to substrates;

(f) Laminate repair/edgebanding adhesive

– consists of the following:

(1) An aerosol adhesive designed for th e touch

- up or repair of items laminated with high pressure laminates including but not limited to lifted edges, delaminates, or

for the touch

- up, repair, or attachment of edgebanding materials, including but not limited to, other laminates, synthetic marbl e, veneers, wood molding, and decorative metals; and

(2) High pressure laminate means sheet materials which consist of paper, fabric, or other core material that have been laminated at temperatures exceeding two hundred and sixty

- five degrees Fahrenheit ( 265o F ) or one hundred twenty

- nine degrees Celsius ( 129o C ), and at pressures between one thousand pounds (1,000

lb. ) and one thousand four hundred pounds (1,400 lb. ) per square inch (psi); or

(g) Automotive engine compartment adhesive

– an aerosol adhesi ve designed for use in

motor vehicle under

- the

- hood applications that require oil and plasticizer resistance, as well as high shear strength, at temperatures of two hundred degrees Fahrenheit (200° F)

to two hundred seventy

- five degrees Fahrenheit (275o F ) or ninety

- three degrees Celsius ( 93 ° C) to one hundred thirty

- five degrees Celsius ( 135o C ).

Specialty flexographic printing

– flexographic printing on polyethylene or polypropylene food packaging, fertilizer bags, or liquid

- tight food containers.

Speci alty primer, sealer, and undercoater

– a coating labeled as specified in § 776.1(g) and that is formulated for application to a substrate to seal fire, smoke

, or water damage, to condition excessively chalky surfaces, to seal in efflorescence or to block s tains. An excessively chalky

surface is one that is defined as hav ing a chalk rating of four (4) or less as determined by ASTM

Des ignation D 4214

- 98, incorporated by reference in § 77 8.5.

Spill

- proof spout

– any spout that complies with all of the perfo rmance standards specified in § 752 or with the certification requirement in § 755 and with the requirements in § 754.

Spill

- proof system

– any configuration of a portable fuel container and firmly attached spout that complies with all of the performance standards in § 752 or with the certification requirement in § 755 and with the requirements in § 754.

Spot remover

– is the following:174

(a) Any product whose label states the product’s purpose is to clean localized areas, or remove localized spots or stains on cloth or fabric such as drapes, carpets, upholstery, and clothing, that does not require subsequent laundering to achieve stain removal; and

(b) Excludes dry cleaning fluid, laundry prewash, or multi

- purpose solvent.

Spout

– any device that c an be firmly attached to a portable fuel container for conducting pouring through which the contents of a portable fuel container can be dispensed, not including a device that can be used to lengthen the spout to accommodate necessary applications.

Spray buff product

– a product designed to restore a worn floor finish in conjunction with a floor buffing machine and special pad.

Stain

– a clear, semi

- transparent, or opaque coating formulated and whose label states the product’s purpose is to change the col or of a surface, but not conceal the grain pattern or texture.

Stick product

– any antiperspirant or deodorant that contains active ingredients in a solid matrix form, and that dispenses the active ingredients by frictional action on the affected area.

S tone consolidant

– a coating whose label states the product’s purpose is, and is formulated for application to stone substrates to repair historical structures that have been damaged by weathering or other decay mechanisms. Stone consolidants must penetrat e into stone substrates to create bonds between particles and consolidate deteriorated material. Stone consolidants must be specified and used in accordance with ASTM E2167

- 01, incorporated by reference in § 778.5(l). Stone consolidants are for professiona l use only and must be labeled as such, in accordance with the labeling requirements in § 776.1(j).

Stripping

– the removal of cured coatings, inks, adhesives

, or maskants, including, but not limited to, industrial coating removal systems used to remove p ropellants, paints, or other previously applied coatings other than grease from metal, to wood furniture stripping, metal parts stripping

, and dry film stripper operations.

Structural glazing adhesive

– any adhesive intended by the manufacturer to apply g lass, ceramic, metal, stone, or composite panels to exterior building frames.

Structural waterproof adhesive

– in accordance with the Federal Consumer Products Regulation, 40 C

. F

. R

. Part 59 Subpart C, an adhesive whose bond lines are resistant to

conditi ons of continuous immersion in fresh or salt water, and that conforms with Federal Specification MMM

- A

- 181D (Type 1, Grade A)

.

Subfloor installation

– the installation of subflooring material over floor joists, including the construction of any load beari ng joists. Subflooring is covered by a finish surface material.

Superheated vapor system

– a system that heats the solvent vapor to a temperature of ten degrees Fahrenheit (10o F ) or negative twelve degrees Celsius (

- 12o C ) above the solvent’s175

boiling po int. Parts are held in the superheated vapor before exiting the machine to evaporate the liquid solvent on the parts.

Surface preparation

– the cleaning of surfaces before coating, further treatment, sale, or

intended use.

Surface preparation solvent

– a solvent used to remove dirt, oil, and other contaminants from a substrate before the application of a primer, adhesive, or sealant.

Surplus reduction

– the ACP limit minus the ACP emissions when the ACP limit was greater than the ACP emissions during a given compliance period, expressed to the nearest pound of

VOC. Except as provided in § 735.11 this term does not include emissions occurring before the date that the ACP Agreement approving an ACP is signed by the Department.

Surplus trading

– the buying , selling, or transfer of Surplus Reductions between responsible ACP parties.

Swimming pool coating

– a coating whose label states the product’s purpose is, and is formulated, to coat the interior of swimming pools and to resist swimming pool chemicals.

Swimming pool repair and maintenance coating

– a rubber

- based coating whose label states the product’s purpose is, and is formulated, to be used over exist ing rubber

- based coatings for the repair and maintenance of swimming pools.

Table B compound

– any carbon

- containing compound listed as an exception to the definition

of VOC.

Target fuel tank

– any receptacle that receives fuel from a portable fuel container.

Temperature

- indicator safety coating

– a coating whose label states the product’s purpose is

, and is formulated as, a color

- changing indicator coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or inter mittently to t emperatures above two hundred and four degrees Celsius (204° C ) or four hundred degrees Fahrenheit ( 400o F ).

Terrestrial

– to live on or grow from land.

Thermoplastic rubber coating and mastic

– a coating or mastic formulated and recommended for applicat ion to roofing or other structural surfaces and that incorporates no less than forty percent (40%) by weight of thermoplastic rubbers in the total resin solids and may also contain other ingredients including but not limited to fillers, pigments, and modif ying resins.

Thin metal laminating adhesive

– any adhesive intended by the manufacturer to bond multiple layers of metal to metal, or metal to plastic, in the production of electronic or magnetic components in which the thickness of the bond line(s) is le ss than twenty

- five one hundredths of

a millimeter (0.25 mm

. ).176

Tint base

– an architectural coating to which colorant is added after packaging in sale units to produce a desired color.

Tire repair

– a process that includes expanding a hole, tear, fissur e
, or blemish in a tire casing by grinding or gouging, applying adhesive and filling the hole or crevice with rubber.

Tire sealant and inflation

– any pressurized product that is designed to temporarily inflate and seal a leaking tire.

Tire retread adhe sive

– any adhesive intended by the manufacturer for application to the back of pre

- cured tread rubber and to the casing and cushion rubber. Tire retread adhesive may also be used to seal buffed tire casings to prevent oxidation while the tire is being pre pared for a new

tread.

Toilet/urinal care product

– any product designed or whose label states the product’s purpose
is to clean or deodorize toilet bowls, toilet tanks, or urinals. “Toilet bowls, toilet tanks, or urinals” includes, but is not limited to toilets, urinals, connected

- to permanent plumbing in buildings and other structures, portable toilets or urinals placed at temporary or remote locations, and toilet or urinals in vehicles such as buses, recreational motor homes, boats, ships, and

aircraft. Toilet/urinal care product does not include bathroom and tile cleaner or general purpose

cleaner.

Total maximum historical emissions (TMHE)

– is the following:

(a) The total VOC emissions from all ACP products for which the responsible ACP party has

fa iled to submit the required VOC content or enforceable sales records. This term shall be calculated for each ACP product during each portion of a compliance period for which the responsible ACP has failed to provide the required VOC Content or Enforceable Sales records; and

(b) Shall be expressed to the nearest pound and calculated according to the following

calculation:

where:

Highest VOC Content = the maximum VOC content which the ACP product has

contained i n the previous five (5) years, if the responsible ACP party has failed to meet the requirements for reporting VOC Content data (for any portion of the compliance period), as specified in the ACP Agreement approving the ACP, or the177 current actual VOC Conten t, if the responsible ACP party has provided all required VOC Content data (for the entire compliance period), as specified in the ACP Agreement;

Highest Sales = the maximum one (1) year District of Columbia gross s ales of the ACP product in the previo us five (5) years, if the responsible ACP party has failed to meet the requirements for reporting Enforceable Sales records (for any portion of the compliance period), as specified in the ACP Agreement approving the ACP, or the current actual one (1) year Enforceable Sales for the product, if the responsible ACP party has provided all required Enforceable Sales records (for the entire compliance period), as specified in the ACP Agreement approving the ACP;

Missing Data Days = the number of days in a comp liance period for which the responsible ACP party has failed to provide the required Enforceable Sales or VOC Content data as specified in the ACP Agreement approving an ACP; and

1, 2, ..., N = each product in an ACP, up to the maximum N, for which th e responsible ACP party has failed to submit the required Enforceable Sales or VOC Content data as specified in the ACP Agreement approving an ACP.

Traffic marking coating

– a coating whose label states the product’s purpose is, and is

formulated for mark ing and striping streets, highways, or other traffic sur faces including but not limited to curbs, berets, driveways, parking lots, sidewalks, and airport runways.

Traffic marking tape

– preformed reflective film intended by the manufacturer for applicati on to public streets, highways, and other surfaces, including but not limited to curbs, berms, driveways, and parking lots.

Traffic marking tape adhesive primer

– any primer intended by the manufacturer for application to surfaces before installation of t raffic marking tape.

Type A propellant

– a compressed gas such as CO 2 , N 2 , N 2 O, or compressed air that is used as a propellant, and is either incorporated with the product or contained in a separate chamber within the product's packaging.

Type B propella nt

– any halocarbon that is used as a propellant including chlorofluorocarbons (CFCs), hydrochlorofluorocarbons (HCFCs), and hydrofluorocarbons (HFCs).

Type C propellant

– any propellant that is not a Type A or Type B propellant, including propane, isobut ane, n

- butane, and dimethyl ether (also known as dimethyl oxide).178

Ultraviolet ink

– an ink that dries by polymerization reaction induced by ultraviolet energy.

Undercoater

– a coating formulated and whose label states the product’s purpose is to provide a smooth surface for subsequent coatings.

Undercoating

– any aerosol product designed to impart a protective, non

- paint layer to the undercarriage, trunk interior, or firewall of motor vehicles to prevent the formation of rust or to deaden sound including but not limited to rubberized, mastic, or asphaltic products.

Undersea

- based weapons systems components

– the fabrication of parts, assembly of parts

, or completed units of any portion of a missile launching system used on undersea ships.

Usage directio ns

– the text or graphics on the product's principal display panel, label, or accompanying literature that describes to the end user how and in what quantity the product is to

be used.

Vapor cleaning machine

– is the following:

(a) A solvent cleaning mac hine that boils liquid solvent, generating a vapor, or that heats liquid solvent that is used as part of the cleaning or drying cycle; and

(b) Does not include machines that do not have a solvent/air interface, such as airless and

air

- tight cleaning syste ms.

Vapor cleaning machine primary condenser

– a series of circumferential cooling coils on a vapor cleaning machine through which a chilled substance is circulated or recirculated to provide continuous condensation of rising solvent vapors and, thereby, create a concentrated vapor zone.

Vapor up control switch

– a thermostatically controlled switch that shuts off or prevents condensate from being sprayed when there is no vapor. On in

- line vapor cleaning machines the switch also prevents the conveyor fr om operating when there is no vapor.

Varnish

– a clear or semi

- transparent wood coating, exclud ing lacquers and shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may contain small amounts of pigment to color a surface, or to control the final sheen or gloss of the finish.

Vinyl/Fabric/Leather/Polycarbonate coating

– a coating designed and whose label states the product’s purpose is exclusively to coat vinyl, fabric, leather, or polycarbonate substrates.

VOC composite partial vapor pressure

– as applied to offset lithography or letterpress printing operations subject to the requirements of § 716, the sum of the partial pressure of the compounds

defined as VOCs. VOC composite partial vapor pressure is calculated as defined in § 716.8(a).

VOC content

– is the following:179

(a) For the purpose of §§ 719 through 737

, except for charcoal lighter products, the total weight of VOC in a product expressed as a percentage of the product weight, exclusive of the container or packaging, as determined pursuant to § 734.1 through 734.3;

(b) For charcoal lighter material products only:

where:

Certified Emissions = the emissions level for products approved by the District of Columbia under § 730, as determined pursu ant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), including subsequent amendments, expressed to the nearest one one

thousandth of a pound ( 0.001 lb) of methylene ( CH 2 ) per start;

Certified Use Rate = the usage level for products approved by the District of Columbia under § 730, as determined pursuant to South Coast Air Quality Management District Rule 1174 Ignition Method Compliance Certification Protocol (Feb. 27, 1991), incl uding subsequent amendments, expressed to the nearest one one

thousandth of a pound ( 0.001 lb) of certified product used per start; and

(c) For the purpose of §§ 773 through 778

, the weight of VOC per volume of coating, calculated according to the procedu res specified in § 778.1.

Wasp and hornet insecticide

– any insecticide product that is designed for use against wasps, hornets, yellow jackets

, or bees by allowing the user to spray from a distance a directed stream or burst at the intended insects, or t heir hiding place.

Water

- based solvent

– a solvent that consists mostly of water and that contains no more than twelve percent (12%) by weight of volatile organic compound. The solvent dissolves or otherwise carries the pigment, extenders, binders, and ot her related material which, when added to the solvent, forms the ink.

Waterproofer

– is the following:

(a) A product designed and whose label states the product’s purpose is exclusively to repel
water from fabric or leather substrates; and

(b) Does no t include fabric protectants.180

Waterproofing concrete/masonry sealer

– a clear or pig mented coating whose label states the product’s purpose is, and is formulated for, sealing concrete and masonry to provide resistance against water, alkalis, acids, ultra violet light, and staining.

Waterproofing sealer

– a coating whose label states the product’s purpose is, and is formulated for, application to a porous substrate for the primary purpose of preventing the penetration of

water.

Waterproof resorcinol glue

– a two (2)

- part resorcinol

- resin

- based adhesive designed for applications where the bond line must be resistant to conditions of continuous immersion in fresh

or salt water.

Wax

– is the following:

(a) A material or synthetic thermoplastic substance g enerally of high molecular weight hydrocarbons or high molecular weight esters of fatty acids or alcohols, except glycerol and high polymers (plastics); and

(b) Includes but is not limited to substances derived from the secretions of plants and animals such as carnuba wax and beeswax, substances of a mineral origin including but not limited to ozocerite and paraffin, and synthetic polymers such as polyethylene.

Web

– as applied to offset lithography or letterpress printing operations subject to the

requ irements of § 716, a continuous roll of paper used as the printing substrate.

Web spray adhesive

– any aerosol adhesive that is not a mist spray or special purpose spray

adhesive.

Wiping solution

– the liquid cleanser used to assist in removing ink from cylinder(s) wipe

process.

Wood cleaner

– a product whose label states the product’s purpose is to clean wooden materials including, but not limited to, decking, fencing, flooring, logs, cabinetry, and furniture. Wood cleaner does not include dusting aid, general purpose cleaner, furniture maintenance product, floor wax stripper, floor polish or wax, or products designed and whose label states the product’s purpose is exclusively to preserve or color wood.

Wood floor wax

– wax

- based products for use solely on wood floors.

Wood preservative

– a coating formulated and whose label states the product’s purpose is to

pro tect exposed wood from decay or insect attack, that is regis tered with both the U.S. EPA under the Federal Insecticide, Fungicide, and Rodent icide Act (7 U.S.C. § § 136

, et seq .) and with the District of Columbia Department of the Environment pursuant to 20 DCMR c hapter 7.

Working day

– a day other than Saturday, Sunday, a legal holiday, or day on which the Department is officially closed.181

Wo rking mode cover

– any cover or solvent cleaning machine design that allows the cover to shield the cleaning machine openings from outside air disturbances while parts are being cleaned in the cleaning machine. A cover that is used during the working mode is opened only during parts entry and removal.

Year

– unless otherwise indicated, refers to the calendar year.

# 20 DCMR Chapter 7: 

# Volatile Organic Compound s Emissions Reductions

Technical Support Document

As of 12.30.2011

# CONTENT

The VOC regulation amendments were first published in the D.C. Register on May 18, 2007, at

54 DCR 4846.



## Preambles :

Second Notice of Proposed Rulemaking Posted: August 13, 2010 (57 DCR 7216, D.C. Register ID 472795) Hearing Date: September 13, 2010

Third Notice of Proposed Rulemaking

Posted: August 12, 2011, at 58 DCR 6954 (D.C. Register ID 1388475 ) Hearing Date : Monday, September 12, 2011

Notice of Final Rulemaking
Posted: December 30, 2011, at 58 DCR 011286 (D.C. Register ID 1864066 )



## Response to Comments Documents:

Response s to EPA Comments on First Proposed Rulemaking (August 18, 2009)

Responses to EPA Comments on First Pr oposed Rulemaking (October 30, 2009)

Responses to Public Comments ( January 2010)

Response to Comments on Second Proposed Rulemaking (October 19, 2010)

Additional Response to Comments on Second Proposed Rulemaking (March 7, 2011)

Response to Comments on Third Proposed Rulemaking (September 2011)



## Additional Notes

# PreamblesNOTICE OF PROPOSED R ULEMAKING

Posted: August 13, 2010 (57 DCR 7216, D.C. Register ID 472795) Hearing Date: September 13, 2010

The Acting Director of the District Department of the Environment (DDOE), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5

- 165; D.C. O fficial Code §§ 8

- 101.05

and 8

- 101.06(b)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16

- 51; D.C. Official Code §8

- 151.07(4)), Mayor's Order 98

- 44, dated April 10, 1998, and Mayor’s Order 2 006

- 61, dated June 14, 2006, hereby gives notice of the intent to adopt the following amendments to Chapter 7 of Subtitle A: Air Quality, of Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR) in not less than forty

- five (45) da ys from the date of publication of this notice in the D.C. Register.

The proposed regulations are necessary to reduce further volatile organic compound (VOC)

emissions in the District. VOCs are precursors to ground

- level ozone, a principal component of

s mog that is formed in the atmosphere in the presence of sunlight. Ground

- level ozone is a criteria pollutant under the federal Clean Air Act (CAA). The Washington metropolitan area, which includes the District, is in nonattainment of the National Ambient A ir Quality Standards (NAAQS) for eight

- hour ground

- level ozone. On January 6, 2010, United States Environmental Protection Agency (EPA) proposed a primary health

- based ozone standard of between 0.060 and 0.070 parts per million (ppm) measured over eight ho urs. This is in line with Clean Air Scientific Advisory Committee recommendations, but is considerably lower than the 2008 standard of 0.075 ppm. In 2007 and 2008, the District’s air monitoring stations recorded exceedances of the current NAAQS. The design concentration value (a statistically derived value that describes air quality status relative to the NAAQS) for each year was 0.087 ppm. Therefore, the District is required to adopt measures to reduce ozone levels, including precursor emissions of VOCs.

High levels of ozone cause health problems such as eye and throat irritation; breathing difficulties even for healthy individuals, but especially for those with respiratory problems such as allergies, asthma, bronchitis and emphysema; and leads to greater susceptibility to respiratory

infection. When breathed into the lungs, ozone reacts with lung tissue and can harm breathing passages, decrease the lungs’ working

- ability, and cause coughing and chest pains.

The proposed regulations were first published in the D.C. Register on May 18, 2007, at 54 DCR

4846. Although the comment period officially closed on June 18, 2007, the DDOE continued to respond to and in most cases incorporate comments from the regulated community and EPA during the entire revision pe riod. The comments and DDOE’s responses are incorporated in the explanation of the amendments to each section below.

The proposed regulations incorporate Phase II amendments to model rules designed to reduce ozone in the eastern United States and promu lgated by the Ozone Transport Commission (OTC), an entity created by the federal Clean Air Act (42 U.S.C. 7506a). Since VOCs are precursors to ozone, all members of the OTC (Virginia, the District of Columbia, Maryland, Pennsylvania,Delaware, New Jersey, New York, Connecticut, Massachusetts, Rhode Island, Vermont, New

Hampshire, and Maine) have drafted similar rules as part of a regional strategy to attain and maintain the eight

- hour ozone NAAQS

. The District originally adopted Phase I of the OTC VOC

model rules in April 2004 and then amended them in December 2004.

In addition to incorporating the OTC model rules, this proposed rulemaking adopts the requirements of several control techniques guidelines (CTGs) published by EPA. In accordance

with sections 182(b)(2)(A) and 183(e) of the Clean Air Act (CAA), CTGs contain reasonably available control technology (RACT) level controls for specified product categories. The EPA periodically revises the list of CTG categories to comply with section 183(e) of the CA A. Revisions to the list were issued in 2006 (Group II), 2007 (Group III), and 2008 (Group IV). CTG categories account for at least 80 percent of the VOC emissions, on a reactivity

- adjusted basis, from consumer and commercial products in areas that violate the NAAQS for 8

- hour

ozone. CAA section 183(e)(3)(C) provides that EPA may issue a CTG in lieu of a national regulation for controls that are substantially as effective at reducing VOC emissions from each of the CTG categories. Therefore, the District has incorporated seven relevant CTG requirements into the proposed regulations.

The seven categories of Group II, III, and IV CTGs addressed in the proposed regulations are: flexible packaging and printing (in §§ 710, 770 and 771); large appliance coating s, metal furniture coatings, and miscellaneous metal products and plastic parts coatings (§714); lithographic and letterpress printing (§716); miscellaneous industrial adhesives (§§ 743 to 749); and industrial cleaning solvents (§§ 770 and 771). The Distri ct submitted a negative declaration (a letter of certification) for the four remaining Group II, III, and IV CTG categories because no sources in the District were identified: flatwood paneling; paper, film, and foil coatings; auto and light

- duty truck ass embly coatings; and fiberglass boat manufacturing.

All references to the Mayor were changed to “the Department,” defined as DDOE. DDOE is authorized to implement the proposed regulations in accordance with Mayor's Order 98

- 44, dated April 10, 1998, and M ayor’s Order 2006

- 61, dated June 14, 2006.

Specifically, the following changes are being proposed:

The title of §700 was changed from “Organic Solvents” to “Miscellaneous VOCs” to more accurately establish and expand the subject of the regulation. EPA’s definition for “VOC” was incorporated by reference in §799. The definition for “solvent” in §799 was adjusted to reflect the organic nature of the compound, which is often referenced in but is no longer the main focus of the regulation. Since §700 is inte nded to be a catch

- all provision for VOCs not regulated in other sections, §700.1 was amended to extend the catch

- all to all subsequent sections in this chapter not previously included in §700.1. The 85 percent overall control efficiency requirement in §70 0.2 was increased to 90 percent. This change was the result of long deliberation about updating the standard to reduce VOC emissions in light of recent revisions to the ozone NAAQS, and the District does not believe it places an unreasonable burden on the regulated community.The term “photochemically reactive solvents” in §700.2 was changed to “volatile organic

compounds” to reflect the true focus of the chapter. The term “overall capture and control efficiency” was added to the end of §700.2 to clarify the intent of the emissions reduction option.

Section 700.3 on “nonphotochemically reactive solvents” was moved to §708, because nonphotochemically reactive solvents are not technically VOCs. However, the section remains in 20 DCMR Chapter 7 to avoid backsliding (weakening requirements by removing a regulation). The District is considering moving the section to a different chapter at a later time.

The District considered repealing §706 on Petroleum Dry Cleaners, but the Air Quality
Division’s Permitti ng and Enforcement Branch recently conducted a dry cleaner survey, which revealed that very few dry cleaning facilities continue to use petroleum solvent in the District.
Therefore, §706 was retained.

Section 707, Perchloroethylene Dry Cleaning, was repe aled because perchloroethylene (“perc”), a chemical solvent used in dry cleaning, is no longer defined as a VOC. To avoid backsliding, the federal regulation on perc dry cleaners, which is more stringent than the District’s current rule, will be incorporat ed by reference in a new air quality chapter pertaining to Air Toxics.

Section 708, Solvent Cleaning, was repealed because all of the standards from §708 are addressed with more detail in OTC’s model rule on solvent cleaning, which are included in §§

763 through 769.

Section 710, Engraving and Plate Printing, was amended to incorporate the limits listed in Appendix 7

- 1, and Appendix 7

- 1 was repealed. Since some of the VOC content limits in §§ 710.5 through 710.9 and 710.12 are for source categories that are also controlled in §716 (e.g. offset lithography heatset, letterpress) but are quantified using different methods (i.e. they impose limits on the percent of alcohol in the solution or overall control efficiency, as opposed to VOC content), language wa s added to allow requirements from both §§ 710 and 716 to apply as appropriate and to incorporate requirements from the Offset Lithography and Letterpress Printing CTG as appropriate.

The control recommendations and emission limits from the Flexible Packa ge Printing CTG were added to §710.5(h) and (i) and §710.6, since flexible package printing uses both flexographic and rotogravure printing presses, and at least one of the District’s major sources does operate a

rotogravure press. The CTG controls are for inks, adhesives, and sealants used in presses with a potential to emit (PTE) 25 tons or more of VOCs per year.

The Flexible Package Printing CTG also includes cleaning recommendations for presses that emit over 15 pounds per day but with a PTE less than 25 tons per year. These requirements were addressed with solvents in §§ 770 to 771.

There was some confusion by EPA as to whether §710 is “a 100 ton per year major non

- CTG
VOC RACT rule”. The District does not have any sources that emit more than 100 ton s per year, so it does not interpret §710 this way. Section 710 states that it is for “an establishment coming within the description of Industry Group 2753 as stated in the 1972 Standard IndustrialClassification (SIC) Manual of the Federal Office of Mana gement and Budget...” The 1972 SIC

code (or Industry Group code) 2753 is equivalent to the 1987 SIC code 2759, which is defined as “commercial printing, not elsewhere classified.” The District is not aware of threshold limits associated with this SIC code, o r the subsequent North American Industry Classification System (NAICS) codes. The District intends for the regulation to apply to relevant commercial printing units, such as the Bureau of Engraving and Printing.

The District considered adding NAICS codes to §710.1 to correspond with the 1972 SIC codes,

but decided not to do so. Overlap between SIC and NAICS codes can be complicated, and EPA has not yet fully adopted the practice of using NAICS codes. The District also considered adding

SIC or NAICS codes to represent facilities affected by the Flexible Package Printing CTG, but instead included §710.1(b) along with definitions for the affected source categories in §799.

Section 714, Controls and Prohibitions on Gasoline Volatility, is not in the District’ s state implementation plan (SIP), and was repealed. As written, the rule was relevant from May 1, 1991, to September 15, 1991. During the early 1990s, the District opted into the federal reformulated gas (RFG) program, which requires states to meet volati lity standards to decrease evaporative emissions of gasoline during summer months when ozone levels are typically high. On September 30, 1993, the District adopted the Stage II Vapor Recovery regulations to limit emissions of gasoline at the pump during re fueling, alleviating the need for the RFG program.

Section 714 was replaced with a catch

- all regulation to address three of EPA’s CTGs for source categories that were not directly incorporated into the body of 20 DCMR Chapter 7, and for

which the Distric t did not submit a negative declaration: miscellaneous metal and plastic parts coatings, large appliance coatings, and metal furniture coatings. CTG applicability is based on actual emission thresholds (not PTE) from the aggregation of units within a CTG c ategory.

The catch

- all CTG rule requires a presumptive 90 percent overall control efficiency. In §714.3, the term “source” is defined for each CTG category, to identify the entities to be regulated now

and into the future. There is a “once in, always in” provision in §714.2, along with work practice

and record

- keeping requirements in later sections. Record

- keeping is necessary because provisions in the SIP must be federally enforceable. Even sources that emit less than 15 pounds per day are asked to maint ain records to demonstrate that emissions are below the applicability

threshold.

Procedures and schedules are outlined for persons who own, operate or lease a source and would prefer to comply with a different option. A source

- specific RACT analysis, as explained in §715, may be conducted. As stated later in §715.4, if a source is major, there is no option and a source

specific RACT analysis must be conducted.

Section 715, Major Source and Case

- By

- Case RACT, outlines requirements for sources with the

th eoretical PTE of 25 tons per year or over, the major source threshold under the District’s one

hour ozone SIP, which is the basis for the 8

- hour ozone SIP limits. Section 715 explains how to calculate “theoretical potential to emit.” The theoretical PTE fo r VOC RACT is different than PTE used for new source review because it is calculated before controls and is based on any type of limit, not just operational limits. The maximum potential is calculated for 8,760 hours (thenumber of hours in a year), except for the purposes of §715.3 (i.e. for sources with a CTG),

where the potential maximum operating hours can be less than 8,760 hours for any source or unit subject to a federally enforceable limit on the hours.

Section 715 specifies what is required in a RACT analysis, and how the District will handle

source

- specific RACT analyses when issuing or modifying permits. The alternative RACT process is intended as a negotiation that can become more burdensome as a source emits more pollution. Any final RACT dete rmination ultimately becomes a SIP revision.

The District considered combining the proposed §§ 700, 714 and 715 to establish a presumptive 90 percent limit for all CTGs, area and major sources regardless of applicability, but instead,

decided to maintain much of the existing area source (§700) and RACT (§715) language and add a CTG rule (§714) to avoid confusion.

Section 716 was amended to include requirements from the Offset Lithography and Letterpress Printing CTG and is now titled accordingly

. Section 716.1 entails separate applicability thresholds for the existing rule and the CTG. It applies to any person who falls into one or both categories. The effective date in §716.5 was amended because requirements were added or changed, but no standar ds were made more stringent. Sections 716.5 and 716.6 address dampening or fountain solutions; §§ 716.7 through 716.9 address cleaning solutions; and §§ 716.10 through 716.14 cover dryers or inks and heatset ovens for major sources only. The

District was c areful to maintain existing regulatory language while integrating the CTG requirements as much as possible to avoid backsliding.

The equation in §716.7(a)(2) was substituted with a similar equation from §747.5, since the definitions better correspond wit h the components of the equation. Both regulate composite pressure, while the latter equation allows more than one exempt compound to be considered and adds the American Society for Testing and Materials (ASTM) methods.

Sections 714, 715, and 716 do not specify compliance with the District’s new source review (NSR) requirements in §204, but do when a new unit with a PTE 25 tons per year is installed. The RACT requirements do not let a source avoid NSR permitting, and the NSR requirements do

not allow a so urce to avoid RACT requirements.

The National Emission Standards For Hazardous Pollutants For Source Categories that was in §717 will be placed in a new air quality chapter pertaining to Air Toxics. Section 717 was replaced with a section on emissions fro m “Soil and Groundwater Remediation” facilities. Until now, District policy has been contained in a letter addressed to Steve Giffin of the Exxon Company dated June 19, 1991. The letter included an acceptable health

- based risk level for

facilities that exc eed one (1) pound per day after controls. In the proposed §717, the District shortened the policy to remove any reference to risk but retained the control level of at least 95 percent if emission are greater than one (1) pound per day.

As mentioned above , this rulemaking proposes n ew VOC standards for certain consumer products in §§ 719 through 737

. OTC’s most recent “Consumer Products” model rule was an amendment that added three sections to the model rule from November 29, 2001, which wasdeveloped and implemented to address the one

- hour ozone standard. DDOE received many

comments from the consumer products industry concerning sell through dates for non

- compliant products. Although these rules do not contain specific sell through dates, to address indust ry concerns, the new consumer products standards will not take effect until at least six (6) months after the proposed rule is published (which allows for sell through of non

- compliant products). In addition, if a consumer product cannot comply within six (6) months, then the manufacturer can seek an exemption through an alternative control plan agreement, an innovative product exemption, or a variance pursuant to §§ 735 through 737.

The revised “Adhesives and Sealants” model rule was moved from §§ 738 th rough 743 to §§ 743 through 749. It is based on a RACT determination prepared by the California Air Resources Board (CARB) in 1998 that limits emissions of VOCs from adhesives, sealants and primers. The model rule achieves VOC reductions through two basic components: sale and manufacture restrictions that limit the VOC content of specified adhesives, sealants and primers sold; and use restrictions that apply primarily to commercial or industrial applications. By reducing the availability of higher VOC conte nt adhesives and sealants, the sales prohibition is also intended to address adhesive and sealant usage at area sources. Emissions from residential use of regulated products are addressed through the sales restrictions and simple use provisions.

The Dist rict included the requirements of the “Miscellaneous Industrial Adhesives” CTG in §§

743 to 749. The maximum overall control efficiency option in the adhesives CTG was 85 percent, not 90 percent, and thus could not be accommodated in §714. (See §744.5(a)). The adoption of the CTG is why the language of §744.1 and §744.2 is very similar. However, §744.1 refers to “sell, supply, offer for sale...or manufacture for sale”, based on the model rule, and §744.2 refers to “use or apply,” based on the CTG. The District chose to extend the CTG requirements to sealants and sealant primers, since these materials are covered in the model rule, which is broader in scope than the CTG. Table I of §744.2 contains additions that are in the
CTG, but not the model rule, su ch as limits for motor vehicle glass bonding and adhesives applied to plastic or wood. The term “use” is parsed out in subsequent sections, such as §§ 745.3

and 745.4.

In response to comments from the regulated community, the proposed §745.9 includes a l imited exemption for single

- ply roofing materials during winter months. Even though very little roofing occurs during the winter in the District, this change was made to address the regulated industries’ concerns, and to maintain consistency with similar r ules in other states in the OTC region.

Only one comment from the regulated community was rejected. The U.S. Air Force submitted written comments concerning the applicability of rules pertaining to military HAZMAT (hazardous material) pharmacies and simi lar facilities where paint, adhesives, and sealants are

stored and distributed. They requested that the definition of the term “supplies” or “supply” in §§ 743 to 749 be changed to exempt military HAZMAT pharmacies from the requirement to dispose of dated materials. In consultation with neighboring states that denied the request, the District did not grant an exemption for HAZMAT pharmacies.

The model rule on Portable Fuel Containers (PFCs) and spouts was moved from §§ 735 through 741 to §§ 751 through 75 8

. The OTC revision was developed to address emission reductionshortfalls identified by EPA in plans to attain the one

- hour ozone standard. The District has

adopted the later version of the OTC rule, because revisions to Chapter 700 were not completed

bef ore July 1, 2007. The updated model rule requires spill

- proof performance systems, and incorporates slightly more stringent testing, labeling and record

- keeping requirements than the previous model rule.

The “Solvent Cleaning” model rule, moved from §§ 74 2 through 748 to §§ 763 through 771 , was also developed as part of a regional effort to attain and maintain the one

- hour ozone standard, address emission reduction shortfalls, and reduce 8

- hour ozone levels. Because of applicability issues, requirements fr om the “Industrial Cleaning Solvents” CTG were added as §§ 770 and 771, instead of within the body of the rule. However , like in the adhesives CTG, the maximum overall control efficiency option in the solvent cleaning CTG was for 85 percent, not 90 percent

, and thus could be accommodated in §714. (See §770.5(b) for the 85 percent option.)

The items listed for exemption in §770.9 are included to make the regulation consistent with the solvents CTG, which is intended to address only those categories that are not addressed

elsewhere in different CTGs. As §770.9(b) suggests, solvents that are already covered in §§ 710, 714, 716, 718, and 743 through 749 are not to be addressed by the solvents CTG. However, only parts of the flexible printing and packaging CTG a re addressed by §710: parts dealing with inks, coatings, and adhesives for sources that emit 25 tons per year. The cleaning materials portion of the flexible printing and packaging CTG for sources that emit over 15 lbs per day, but less than 25 tons per ye ar, are not covered in §710, but are included in §771.1(b); hence, the cleaning portions of the flexible printing and packaging CTG are excluded from §770 (see §770.9(l), (m) and (q)).

The adhesives CTG is indirectly excluded from the miscellaneous metal and plastic parts CTG

because §§770.9(b) excludes §714.

The architectural and industrial maintenance (AIM) exclusion in §770.9(n) can also be found in §714.3(a)(2). That is because AIM solvents are excluded separately in both the solvents CTG and the miscellaneous metal product and plastic parts CTG.

The Architectural and Industrial Maintenance Coating model rule, moved from §§ 749 through 754 to §§ 773 through 779, was changed by OTC f or similar reasons as the previous rules. As requested through industry comments, the District included limits for materials in the table in §774.10 that the industry anticipates using to repair the steps of the U.S. Capitol, and made related changes to ot her sections. An additional request by the regulated community to reduce burdensome reporting requirements in §777 was also granted.

Finally, numerous definitions were amended and added to accommodate the proposed revisions to the District’s VOC regulatio n.

In summary, the following amendments will be submitted to EPA for approval as a revision to the District of Columbia’s State Implementation Plan: (1) amendments to §§ 700, 710, 715, 716 and 799; (2) amendments to or recodification of the rules for cer tain consumer products, adhesives and sealants, portable fuel containers, solvent cleaning, and architectural and industrialmaintenance coatings; (3) the repeal of §§ 707 and 708; and (4) the inclusion of §714, a catch

- all regulation to address three of E PA’s CTGs for source categories that were not directly incorporated into the body of the other amended sections. The District does not plan to include the new requirements of §717 in a SIP amendment.

Comments on these proposed rules must be submitted, in writing, no later than thirty (30) days after the date of publication of this notice in the D.C. Register to Ms. Jessica Daniels, District Department of the Environment, Air Quality Division, 1200 Firs t Street, NE, 5 th Floor, Washington, D.C. 20002 or sent electronically to jessica.daniels@dc.gov

. Copies of the proposed rule may be obtained between the hours of 9:00 A.M. and 5:00 P.M. at the address listed abo ve for a small fee to cover the cost of reproduction or on

- line at http://ddoe.dc.gov

.NOTICE OF PROPOSED R ULEMAKING

Posted: August 12, 2011, at 58 DCR 6954 (D.C. Register ID 1388475 ) Hearing Date : Monday, September 12, 2011

The Director of the District Department of the Environment ( DDOE or Department ), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control
Act of 1984, as amended, effective March 15, 1 985 (D.C. Law 5

- 165; D.C. Official Code §§ 8

- 101.05 and 8

- 101.06(b) (2008 Repl.) ), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16

- 51; D.C. Official Code § 8

- 151.07(4) (2008 Rep l.) ), Mayor's Order 98

- 44, dated April 10, 1998, and Mayor’s Order 2006

- 61, dated June 14, 2006, hereby gives notice of the intent to adopt the following amendments to c hapter 7 of Subtitle A ( Air Quality ) of T itle 20 (Environment) of the

District of Colum

bia Municipal Regulations (DCMR) in not less than forty

- five (45) days from the date of publication of this notice in the D.C. Register.

The proposed regulations are necessary to reduce further volatile organic compound (VOC)

emissions in the District. V OCs are precursors to ground

- level ozone, a principal component of smog that is formed in the atmosphere in the presence of sunlight. Ground

- level ozone is a criteria pollutant under the federal Clean Air Act (CAA). On January 6, 2010, the United States

En vironmental Protection Agency (EPA) proposed a primary health

- based ozone standard of

between sixty one

- thousandths ( 0.060 ) and seventy one

- thousandths ( 0.070 ) parts per million (ppm) measured over eight (8) hours. This standard follows the Clean Air Scien tific Advisory Committee recommendations, but is considerably stricter than the 2008 standard of seventy

- five

one

- thousandths ( 0.075 ) ppm.

The Washington M etropolitan area, which includes the District, is in nonattainment of the National Ambient Air Qual ity Standards (NAAQS) for eight

- hour ground

- level ozone. In 2007 and 2008, the District’s air monitoring stations recorded exceedances of the current NAAQS. The design concentration value (a statistically derived value that describes air quality status

rel ative to the NAAQS) for each year was eighty

- seven one

- thousandths ( 0.087 ) ppm. Therefore, the District is required to adopt measures to reduce ozone levels, including precursor emissions

of VOCs.

High levels of ozone cause health problems such as eye and throat irritation; breathing

difficulties

, even for healthy individuals, but especially for those with respiratory problems such as allergies, asthma, bronchitis and emphysema; and leads to greater susceptibility to respiratory

infection. When breathed in to the lungs, ozone reacts with lung tissue and can harm breathing passages, decrease the lungs’ working

- ability, and cause coughing and chest pains.

The proposed regulations were first published in the D.C. Register on May 18, 2007, at 54 DCR 4846. Although the comment period officially closed on June 18, 2007, the Department continued to respond to and in most cases incorporate comments from the regulated community and EPA during the entire revision period.In res ponse to significant comments received between 2007 and 2010, a second proposed

rulemaking was published in the D.C. Register on August 13, 2010, at 57 DCR 7216 ( D.C. Register ID 472795 ). The proposed rulemaking incorporated Phase II amendments to model rules designed to reduce ozone in the eastern United States and promulgated by the Ozone Transport Commission (OTC). The District originally adopted Phase I of the OTC VOC model rules in April 2004 and then amended them in December 2004. In addition, the proposed rulemaking adopted the requirements of control techniques guidelines (CTGs) published by

EPA. In accordance with sections 182(b)(2)(A) and 183(e) of the Clean Air Act, CTGs contain reasonably available control technology (RACT) level controls for specified product categories. RACT was incorporated for seven (7) CTG categories. The preamble to the rule proposed in August 2010 contains more detail about the adopted model rules and CTGs.

Most of the comments to the August 2010 proposed rulemaking were submitted by representatives of the printing industry: the Printing and Graphics Association of the Mid

Atlantic (PGAMA), and the United States Department of the Treasury Bureau of Engraving and Printing (BEP). The Department added new printing

- related CTG requirements while attempting to retain existing language and regulatory provisions as much as possible. However, as the history and original purpose of t he printing sections (§ 710 and § 716) was not well understood by the commenters, and current industry activity and terminology were not well captured by the Department, these changes caused confusion. Thus, clarifications were made that warrant a third

pr oposed rulemaking.

Two detailed “Response to Comments” documents are available on the Department ’s website at http://ddoe.dc.gov/ddoe/site/default.asp

. A summary of the comments and the Department ’s responses is provided in the paragraphs below.

Many of the comments from the printing industry were related to confusion as to whether certain

sections of § 710 were applicable to all of the printing industry or just to BEP. As discussed in the preamble of the rule proposed in August 2010 and in the first Response to Comments document from October 2010 (Response 4b), § 710 on “Engraving and Plate Printing” was always intended to apply to BEP. The section was initially and is still applicable to “any print ing unit [or operation] in an establishment coming within the description of Industry Group 2753 as

stated in the 1972 Standard Industrial Classification Manual of the Federal Office of Management and Budget,” or to “commercial printing, not elsewhere clas sified.” When the regulation was first published, the only facility that met these qualifications was BEP. The District has always interpreted the regulation to apply only to BEP, and has never extended enforcement based on the requirements of the regulati on to any other facility.

However, as PGAMA notes, § 710 does contain limits for lithographic and letterpress printing, even though there is a separate § 716 dedicated solely to lithographic and letterpress printing. Nevertheless, despite the history of the regulations and the fact that BEP does engage i n lithographic and letterpress p rinting, moving forward

, the District agrees that the regulatory structure is confusing. Thus i n response to PGAMA comments, the lithographic and letterpress portions of § 710 have been moved to § 716, while retaining existing applicability provisions of

both sections.The title of § 710 has been changed to reflect more direct ly a revised focus on “Intaglio,

Flexographic, and Rotogravure P rinting.” The reference to a 1972 SIC code (quoted above) in the applicability section of § 710.1(a) has been revised to specify simply that the retained parts o f § 710 are intended to apply to “intaglio printing units an d intaglio printing operations.” Since BEP is the only facility that operates intaglio printing in the District, the intaglio printing aspects of § 710 remain specific to BEP.

The District interprets the applicability prov isions of the proposed § 716.1(a) to be just as relevant to BEP as the previous § 710.1(a). The Distri ct does not believe it is necessary to retain reference to the 1972 SIC code (from § 710.1(a) of the regulation proposed in August 2010, quoted above) in § 716

, because the 1972 code is not exceptionally descriptive and is no longer

relevant. The other lit hographic and letterpress portions of § 710 that have been moved to § 716 generally maintain that they apply “prior to March 1, 2011” for printing operations “in existence as of December 31, 1985”. The District believe s that these descriptors (“prior to Ma rch 1, 2011,” and “in existence as of December 31, 1985”) narrow the applicability of the regulations that pertain specifically to BEP.

The moving of provisions from § 710 to § 716 required additional re

- codification of both

sections.

PGAMA requested t hat specific methodologies or guidance for estimating potential and actual

emissions and material use be added to either § 715 on Major Source and Case

- by

- Case Reasonably Available C ontrol Technology (RACT) or, as a follow

- up, to § 716. T he RACT

section is not intended to be spec ific to any one industry, so that request was denied. Instead of including guidance in § 716, the Department will evaluate calculations on a case

- by

- case basis using the methods presented. The following EPA guidance documents may be useful for identifying methodologies, in addition to the 2006 CTG for Offset Lithographic Printing and Letterpress Printing:

Potential or actual emissions from printing operations (note that some factors may have been revised by the 2006 CTG): Technical Support Document for Title V Permitting of Printing Facilities ( http://epa.gov/ttncaaa1/t5/memoranda/tsd.pdf )

Material use: 1998 Seitz memo on PTE for specific sources ( http://epa.gov/ttncaaa1/t3/memoranda/lowmarch.pdf ), or Potential to Emit (PTE) Guidance for Specific Source Categories, April 14, 1998, Table 3 Guidance for Printing, Publishing and Packaging Op erations ( http://epa.gov/ttncaaa1/t3/memoranda/tekmarch.pdf )

A request to change the fifteen pound s per day ( 15 lb/day) threshold in § 716 t o a three (3) tons per twelve (12) month rolling pe riod was denied. The commenter suggested that a lb/day threshold would require daily recordkeeping and would be burdensome to industry. The Department added language that allows for the estimation of actual daily VOC emissions, based

on the monthly average

. Also, the District added a provision to § 716.25(b) t hat allow s smaller printing operations to demonstrate applicability or compliance by maintain ing material userecords instead of emissions records. The intent of the se change s is to make the recordkeep ing

requirement s less burdensome for smaller operations.

Several printing

- related definitio ns were repealed from § 199 and added to § 799, a s a more appropriate location for them , while other definitions in § 799 were revised. The definition for
“volatil e organic compound” in § 799 was repealed and moved to § 199 to replace the current

definition.

A few non

- printing related requests were denied. One was a request to change emission limits for several pleasure craft coatings products. As t he Department remains unaware of pleasure craft coating activities occurring in the Distr ict, the Department does not think it was necessary to revise § 714, which adopts related CTG requirements

.

Requests to reconsider a ban on para

- dichlorobenzene (PDCB) from solid air fresheners and toilet/urinal products (§ 721) and a ban on specific products containing methylene chloride, perchloroethylene, or trichloroethylene (§§ 727 and 728) were denied. The Department believes

that the regulated community has had adequate time to prepare for compliance with the proposed

sell

- through dates.

Numerous other clarifications requested by the printing industry as well as the representatives of the consumer products industry, the adhesives and sealants industry, the regulated community,

and EPA are discussed in both R esponse to Comments documents and have been made in the proposed rulemaking.

After these revis ions were made, all references to “March 1, 2011,” were changed to “January 1, 2012,” to avoid inclusion of a retroactive compliance date and to give the regulated community time to come into compliance. As a result:

The effective date was changed for the VOC limits in the § 720.1 Table of Standards, as well as
in §§ 727, 728, and 729. Text added to § 729 was revised to make the section read like §§ 727 and 728. In all three (3) sections, the sell

- through date of products that are manufactured through

Janu ary 1, 2012, is now the beginning of ozone season (May 1, 2012).

The effective date for FIFRA

- registered products in §§ 732.11 and 732.12 was changed to one (1) year after the date specified in the § 720.1 Table of Standards, based on the § 722.1 require ment.

The phase

- in for single

- ply roof membrane installation or repair adhesives, sealant, or adhesive primer is no longer necessary, since the effective date was changed to January 1, 2012. The “effective date” column in the Table of Standards in § 744. 2 was deleted.

Dates were changed in §§ 770 and 771, but no additional re

- codification was necessary.

Finally, § 100.4 has been amended to allow for use of the metric system since that is the
commonly used measurement in VOC controls. Unlike most other air quality regulations, theVOC regulations use the metric system (for example, degrees Celsius), and this form of

measurement should be controlling when indicated in chapter 7.NOTICE OF FINAL RULE MAKING

Posted: December 30, 2011, at 58 DCR 011286 (D .C. Register ID 1864066 )

The Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5

- 165 (DCAPC) ; D.C. Official
Code §§ 8

- 101.05 and 8

- 101.06(b)(2008 Repl.)), section 107(4) of the District Department of the

E nvironment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16

- 51; D.C.
Official Code § 8

- 151.07(4)(2008 Repl.)), Mayor's Order 98

- 44, dated April 10, 1998, and Mayor’s Order 2006

- 61, dated June 14, 2006, hereby gives notice of the adoption of the following amendments to chapter 7 of Subtitle A (Air Quality) of Title 20 (Environment) of the District of Columbia Municipal Regulations (DCMR) . As required by section 6 (b) of the

DCAPC , prior to the issuance of a Notice of Final Rulemaking, this rulemaking was submitted to the Council of the District of Columbia (Council) for a review period of up to forty

- five (45) days. The Notice of Final Rulemaking was introduced in the Council on October 21, 2011, and

was passively deemed approved on December 23, 2011.

The regulations are necessary to reduce further volatile organic compound (VOC) emissions in the District. VOCs are precursors to ground

- level ozone, a principal component of smog that is formed in the atmosphere in the presence of sunlight. Gr ound

- level ozone is a criteria pollutant under the federal Clean Air Act (CAA).

The Washington Metropolitan area, which includes the District, is in nonattainment of the 2008 National Ambient Air Quality Standards (NAAQS) for eight

- hour ground

- level ozone of
seventy

- five one

- thousandths (0.075) parts per million (ppm)

. In 2007 and 2008, the District’s air monitoring stations recorded exceedances of the current NAAQS. The design concentration value (a statistically derived value that describes air qual ity status relative to the NAAQS) for each year was eighty

- seven one

- thousandths (0.087) ppm. Therefore, the District is required to adopt measures to reduce ozone levels, including precursor emissions of VOCs.

High levels of ozone cause health problems s uch as eye and throat irritation; breathing difficulties, even for healthy individuals, but especially for those with respiratory problems such as allergies, asthma, bronchitis and emphysema; and leads to greater susceptibility to respiratory

infection. Wh

en breathed into the lungs, ozone reacts with lung tissue and can harm breathing passages, decrease the lungs’ working

- ability, and cause coughing and chest pains.

Proposed regulations were first published in the D.C. Register on May 18, 2007, at 54 DCR

4846

. Although the comment period officially closed on June 18, 2007, the Department continued to respond to and in most cases incorporate comments from the regulated community and EPA during the entire revision period.

In response to significant commen ts received between 2007 and 2010, a second proposed rulemaking was published in the D.C. Register on August 13, 2010, at 57 DCR 7216 ( D.C. Register ID 47 2795 ). The second proposed rulemaking incorporated Phase II amendments to model rules designed to reduce ozone in the eastern United States and promulgated by the OzoneTransport Commission (OTC). The District originally adopted Phase I of the OTC VOC mode l

rules in April 2004 and then amended them in December 2004. In addition, the second proposed rulemaking adopted the requirements of control techniques guidelines (CTGs) published by EPA. In accordance with sections 182(b)(2)(A) and 183(e) of the Clean Ai r Act, CTGs contain reasonably available control technology (RACT) level controls for specified product categories. RACT was incorporated for seven (7) CTG categories. The preamble to the rule proposed in August 2010 contains more detail about the adopted model rules and CTGs.

Most of the comments to the August 2010 proposed rulemaking were submitted by representatives of the printing industry: the Printing and Graphics Association of the Mid

Atlantic (PGAMA), and the United States Department of the Treasu ry Bureau of Engraving and Printing (BEP). The Department added new printing

- related CTG requirements while attempting to retain existing language and regulatory provisions as much as possible. However, as the history and original purpose of the printing s ections (§ 710 and § 716) was not well understood by the commenters, and current industry activity and terminology were not well captured by the Department, these changes caused confusion. Thus, clarifications were made that warrant ed a third proposed rule making.

The third proposed rulemaking was published in the D.C. Register on August 12, 2011, at 58 DCR 6954 ( D.C. Register ID 1388475 ). Many of the comments received on the third proposed rulemaking were specific in nature, and can be addressed by observing variance or other generic alternative provisions already included in the rulemaking

. The preamble to the third proposed

rule contai ns a summary of the comments and the Department’s responses. The Office of the Attorney General (OAG) confirmed that three (3) non

- substantive clarifications would n ot require DDOE to republish a fourth proposed rulemaking before proceeding to p ublishing the final rulemaking. Specifically, a line was added to §708 to retain the intent of the existing regulation. A s requested by a commenter and intended

, one phrase in §744.2 was moved and supplemented to clarify that §744.2 is linked to §744.1 . Finally, t he definition of “architectural coating” was supplemented to include the full definition language from the OTC model rule, as requested and intended.

# Response t o Comments

DocumentsProposed VOC Regulations (20 DCMR Chapter 7) Summary of Responses to EPA Comments (As of August 18, 2009)

DATE TOPIC COMMENT/CONCERN RESPONSE

7

- 15

- 08 Miscellaneous Industrial

Adhesives CTG There may be differences between

the CTG and the model rule concerning limits or definitions for wood, plastic solvent welding (except ABS), plastic adhesive primer, etc; also, the CTG does
not address sealants 744.2 + definitions

– CTG limits have been incorporated into model rule draft (743 to 749); 744.5

include s 85% option

Industrial Cleaning Solvents CTG Does the model rule (763 to 769) adequately cover all batch and in

line vapor cleaning units subject to

the CTG? N/A

– EPA determined that CTG and model rule (763 to 769) are similar enough; 770.9(b)

10

- 24

- 08 Proposed section 700 to address CTG requirements using a presumptive 90% overall control efficiency as RACT Consider accounting for new businesses or technologies 714.4 defines CTG categories; 714.5 says what persons must do if reg applies to them Include a schedule or plan and
how we’d deal with source

specific RACT, in case 90% is not

reasonable 714.6 includes option for CTG

sources that do not want to meet presumptive 90%; 715.5 through

715.7 includes schedule and procedural plan for source

- specific RACT analyses To put a source

- specific RACT in a SIP, DDOE would need to start

with an enforceable document (permit, consent decree or compliance order) or regulatory provision 715.7(b)

Consider adding a catch

- all about work practice standards 714.5(c)

Make sure that new sources that attain 90% are not supposed to be attaining more than 90%; do not 710.3, 714.2 and 716.1 make provisions for NSR (§204)DATE TOPIC COMMENT/CONCERN RESPONSE trump NSR, especially where control requirements are graduated (e.g. if a new press with a PTE>25tpy is installed, make sure the change still triggers NSR and does not get the facility out of NSR by complying with the CTG requirements) or vice versa ; make sure NSR does not trump CTG requirements

2

- 2

- 09 EPA Memo on RACT for Cleaning in Flexible Package Printing N/A in 714 because 90% is not an option for the CTG category 710 applies for sources > 25 tpy; 770.1 and 770.9 apply for sources > 15 lb/day & < 25 tpy

3

- 18

- 09 Industrial Cleaning Solvents CTG Concern that presumptive 90%

would apply a more stringent requirement to a vaster universe of cleaning solvents without the g/liter or 8 mm VP options 770.4(a) to (c); 770 and 771

– The CTG requirements are now incorporated into additions to the model rule (763 to 769) with an 85% option Offset Lithographic & Letterpress Printing CTG Avoid the appearance of

backslides where total emissions of VOCs from all operations (vs per operation) >25 tpy; make sure the regulated community does not change: fountain (litho) & cleaning (litho & letterpr ess) =>15lb/day; 90

- 95% only if >25 tpy; dampening

– 30 vs 70%;

CURRENT REG MUST
REMAIN IN PLACE 716; 716.9

– see adjustments to address applicability; most of the existing language has been
maintained

3

- 26

- 09 714 on Gasoline Volatility 714 is not in DC’s SIP; DC opted into the Fed RFG program in the early 1990s, so the reg is no longer needed 714

– REPEALED

Proposed 706 on Soil &

Groundwater Remediation For RACT purposes, consider putting all but 706.2(c) on cancer SVE chapter was moved to 717 so that it’s past sections 701 to 713,DATE TOPIC COMMENT/CONCERN RESPONSE
risk in the SIP

– c ould get SIP credit; then might need to edit exclusionary language in 700 as previously referenced in 700; exclusionary language in 700 has been avoided; 717 on SVE will not be added to the SIP; reference

to cancer risk has been removed

3

- 27

- 09 Proposed 700 on CTGs & RACT Add language to preamble about recodification, etc Ok

– see revised preamble

Does “source” mean the same as “emission units” (stationary sources only) and their emissions?
What’s the intent? 700.2 (and 714.1, etc) clarifies intent (“from any combination of...”); 700 is a catch

- all for all of Chapter 7 The original exclusion in 700 was for 701 to 713, so applicability may be a big issue; EPA cannot approve an exclusion without seeing the specifics

– it would look like EPA is approving future amendments; do not inadvertently

exclude someone from a CTG

req uirement if it is more stringent than the reg or vice versa

– timing
between release of CTG and adoption of reg can become an issue; make sure CTG source emissions are regulated by a rule before excluding CTG sources

from the determination of whether

the e missions count towards a source being a major non

- CTG

source of VOCs 700 is intended to be a catchall for the entire chapter, not just 701 to

713

– the language has been changed accordingly; “Source” is now defined per CTG category in 714.4 + definitions, which contain exclusionary language per CTG category to clarify what’s applicable and what is not; 714.2 contains “once in always in” language to avoid accidental automatic backsliding

VOC emissions under 718 (MERR) and 773

- 778 (AIM) do

not count as mi sc metal and plastic parts coatings when used for those purposes; aerosol coating 714.4(a)(1) to (4); aerosol coating is already be excluded in 718; janitorial cleaning is excluded in
770.9DATE TOPIC COMMENT/CONCERN RESPONSE and janitorial cleaning should be

excluded too

2.7 tons per year does not add much to 15 lb/day threshold Removed references to 2.7 tpy

Add abbreviation for “CTG” See definitions

Much of the content of 715 on major source RACT should not be lost; there needs to be a way to

determine whether the emissions count towards a source being a major non

- CTG source of VOCs Retained existing language in 715 to avoid confusion; 715.1(a) has been updated to be consistent with the meaning of 715.3

Need definition for RACT See definitions

– check definition

for RACT

– it’s circular Is the Mayor still the official in the
DCMR who’s identified as the

decision

- maker, or should it be

DDOE? References to the Mayor have been changed accordingly to “the Department”

Decide on what’s required for the RACT proposal

– a plan approval application? Prescontruction permit? Application for operating permit amendment? 715.5; 715.7(b)

Proposed 710 on Engraving and Plate Printing (BEP) How do litho/letterpress printing

limi ts from the Appendix fall under the CTG? Do they fall

within the CTG exclusions? (CHECK BEP PERMIT) 710.11 addresses potential overlap for heatset ovens; otherwise, N/A

– 710 addresses VOC content limits; the CTG and 716 cover % alcohol (dampening soluti on) & control efficiency, inlet VOC concentration, or enforceable PTE limits ( inks); 710.5, 710.7, and 710.8 include a phrase to ensure

that both 710 and 716 limits areDATE TOPIC COMMENT/CONCERN RESPONSE
followed

Do the flexography and gravure parts fall under the flexographic printing CTG? If yes, then how

does the PTE of the individual presses stack up vs the CTG’s 25 tpy threshold? (CHECK BEP PERMIT) 710.5(h)(1)

- (4), 710.5(i)(1)

- (4) plus 710.6 are intended to a ddress the CTG for major sources; 770

and 771 on Miscellaneous
industrial Solvents address the CTG for applicable sources (>15 lb/day) that are not major (<25 tpy), since flexible and gravure cleaning materials are not

otherwise addressed and cannot fit

in 714 because of the presumptive

90%

3

- 31

- 09 716 on Offset Lithography and Letterpress Printing The current §716 still has value; must keep current provisions for those facilities subject to it Retained existing language in 716 as much as possible

Be careful about applicability (>25 tpy vs >15 lb/day) to avoid backsliding; if any facility is having problems meeting the current limits, then DDOE should know by now 716

– see adjustments to address applicability

May need to add definitions to 799 and/or add “or letterpress” to existing definitions (e.g. def for “fountain solution” vs “dampening solution”)

– SEE SAMPLES Added “or letterpress” to 716 + definitions, where specifically appropriate

4

- 21

- 09 Handout on Region III’s Goals +

Overview and General Background Implement CTGs to meet the CAA requirements DDOE used a default approach (presumptive 90% in 714 & 715) to address 3 CTGs, but also incorporated the requirements of 4 CTGs (710, 716, 743

- 749, 770

- 771) with attention to detailDATE TOPIC COMMENT/CONCERN RESPONSE
Ensure that no SIP relaxations occur; this is why the exclusion list was added to the draft 700; be sure that current requirements are kept in place Existing language was maintained as much as possible to avoid confusion; CTG ca tegories are defined in 714.4; clarified understanding of what’s in SIP vs not in SIP and why clarity is important; for example: 716.6

– retained both the 30% and 70% to prevent a SIP relaxation

National rules focus on manufacturers, importers, retailers, etc VS CTGs focus on end users only!! Be careful when mixing the two...especially within the proposed 700

– this is another reason why the exclusion list was

added to the draft 700 710 & 716 include emission limits and options; 743

- 749, & 770

- 771 include 85% and options; 714 contains presumptive 90%; + definitions; DDOE carefully addressed applicability issues when incorporating CTGs into reg

Note: need to meet minimum CTG rqrmts; graduated applicability levels are typically based on cost; dif

f applicability levels may apply to diff aspects of

a source See above

4 options: (1) detailed regs per CTG; (2) neg decs with comment period; (3) proposed 700 approach, although there are problems with who’s under it and who isn’t; or (4) add definitions to address exclusions, but only target specific CTG categories Chose #1, #2, and #4

5

- 12

- 09 Fiberglass boats N/A

– neg d ec Ok; could add NESHAP to Ch 16

Adhesives and Sealants Model

Rule & Miscellaneous Industrial

Adhesives CTG CHECK VERSION OF MODEL

RULE USED BY KK vs CC vx

JD Final version used was identified as “last printed on 10

- 10

- 06”DATE TOPIC COMMENT/CONCERN RESPONSE Consider adding limits to chart to address CTG (especially since “use or apply” is in our reg already); add definitions for new categories 744.2

– additions were made to

Table 1 + definitions

Make sure it’s okay to combine

manuf/etc with end use 744.1 ( sell, supply, offer for sale, or manufacture for sale) and 744.2 (use, apply) were kept separate Compare exemptions in model rule vs CTG (CTG exempts some categories from limits, but not work practices or application methods) OK

– ongoing

Can’t use t

he term “this rule”,

since DCRM does not have a rule

structure Replaced references to “this rule” with “§§ 743 to 749”

Be careful not to create an exemption from an exemption 745.9 and 745.10

– Adjusted wording

EPA added a draft section on “application methods” +

definitions to address CTG 749

– Added section +

added/revised definitions

5

- 13

- 09 Industrial Cleaning Solvents CTG EPA added 2 draft sections +

definitions to address CTG 770 and 771

– Added sections + added/revised definitions; 770.4(c)

was added to include the 85% option; 770.9(b) was expanded to include language from the CTG; 770.9(l) only addresses cleaning materials, so remains separate from the 25tpy limits for flexog raphy and gravure in 710; see 770.9(g) and (m) for additional exemptions under the Flexible Printing CTG

– the CTG

is covered within the Industrial Cleaning Solvents CTGDATE TOPIC COMMENT/CONCERN RESPONSE requirements

Add definitions OK

5

- 15

- 09 Meeting w/EPA Adhesives & sealants

– issue with CTG is categorization; rule is broader in scope than the CTG (e.g. plastic pipe welding) 743 to 749 revisions include both

model rule and CTG requirements; see 744.2

Solvent cleaning

– issue w/CTG = metal degreasing 763 through 769 remains separate

from 770 and 771 Fiberglass boats

– we could adopt the NESHAP by reference (in Ch 16) Neg dec + adopt NESHAP

SIP everything but the SVE section; move past 713 if possible New SVE chapter is 717

SIP amendment would go beyond 713; intent was for 700 to be a

catch

- all 700 has been corrected to be a proper catch

- all

Case

- by

- case RACT section

– we can revamp it during the next

round of ozone SIPs 715 has been revised

Keep sections on CTGs and RACT separate 714 (CTGs) and 715 (RACT) are separate and have been revised

Still need to add definitions from

EPA document Check definitions

Make sure that testing, recordkeeping and reporting, monitoring procedures, etc (IBRd/ Ch 5) are in SIP 20 DCMR Ch 5 is in the SIP

Incorporate more language from original 715 in RACT chapter; 715 doesn’t say what RACT See aboveDATE TOPIC COMMENT/CONCERN RESPONSE actually is; if NSR or CTG, 715 should not apply (??) Do not need dates in regs

– then don’t need regulatory amendment Will likely include dates bec ause sources will want dates

7

- 17

- 09 716 on printing Check applicability See revised 716Proposed VOC Regulations (20 DCMR Chapter 7) Summary of Responses to EPA Comments

– Round 2

(As of October 30, 2009)

DATE TOPIC EPA COMMENT/CONCERN DDOE RESPONSE August Neg decs, etc If, instead of doing neg decs, we want to adopt NESHAPs as RACT in the SIP (fiberglass boats, flatwood paneling), we need to check the CTG to see what it requires and identify any potential issues Will probably do neg dec at this point

– need to get reg moving

If we do not adopt Chapter 16 at the same time as the VOC reg, enforceability would be the issue OK

– should be able to adopt both at

same time

The PFC rule needs a review

– there is a reference to “Secretary

of State” in there October 26 discussion

There are two definitions for “flow coating”, so the rules to which each applies need to be referred to OK

– fixed per EPA suggestion

September 19 Miscellaneous Industrial

Solvent Cleaning 770.9

– Delete (b)(1) through (4); most refer to duplicates of
other items in 770.9 OK

770.9

– Add new items (n) through (t) to make consistent with CTG and proposed (b)(1) through (4) Missed “q” so new items are actually (n) through (s)

L, M, S

– part of the flexible packaging and printing CTG is addressed in 710, so is referenced in “b”; see October 8 comments (below)...

N

– The AIM rule is not referenced in “b”, but the exclusion is already in 714.4(a)(2), and 714 is referenced in
“b”

– DELETE

– BUT, per discussion
on 10

- 16

- 09, KEEP

– 770 and 714.4(a) are exclusive, so the exemption needs

to occur twice

- Also, DELETE 714.4(a)(3)

- it is not necessary to exclude 770 and 771 because they already exclude 714DATE TOPIC EPA COMMENT/CONCERN DDOE RESPONSE

O

– Gravure operations are addressed broadly in 710 (even be fore introduction of fp&p CTG elements);
710 is referenced in “b”

– DELETE 770.9(g), (j), (k)

– adjust wording to make more consistent with

definitions OK

Add definitions to 799 OK 771 addresses cleaning and handling Removed 771.1(a), since 714 already contains the work practice conditions in 771.2, and to make interpretation

easier for the reader 771.1(c)

– flexible packaging and printing

– some of the fp&p CTG is addressed in 710 (>25 tpy ), but the other portion related to cleaning materials (and >15 lb/day) is not; therefore, it is appropriate to refer to fp&p in 771.1

– KEEP September 23 Adhesives & Sealants DC will need to pick a new date in lieu of May 1, 2009 The change will occur upon completion of a final draft

– at this point, it will probably be June 1, 2010 Change category names in table to make them consistent with

definitions OK

745.1(g)

– where is it from?

– check CARB rule and add definition for “polyester bonding putties” and “fiberglass parts” Section is from page 16 of the CTG

– DO NEG DEC & DELETE

745.2

– change wording to make consistent with definitions OK

746.1

– add comma OK

747.1

– add term OK

799

– modify, add, and/or underline definitions OK September 27 Draft Sections 714 and 715

(CTGs and RACT) 714.1

– add language about the aggregation of units within a CTG category; link to 714.4 OK

– see revision per 10

- 26

- 09 discussion; “§714.3” and “facility” are only mentioned once CC is checking to see if both 714.2 and 714.3 are necessary

– see October 8 comments below OK

– combined 714.3 with 714.2 and renumbered section, but removed

reference to Federal CAA and addedDATE TOPIC EPA COMMENT/CONCERN DDOE RESPONSE “provisions of this section...or is federally enforceable”

714.4

– editorial suggestions OK 714.4(a)(4)

– new heavier vehicles should be included here because they are not addressed elsewhere due to the neg dec for the auto and light duty truck CTG DELETED 714.4(a)(4)

– per discussion, since we’re doing a neg dec

for the auto & light

- duty coatings CTG, the exclusion is not needed; the category would be covered under the misc mp&pp CTG

714.5

– adjust language; part (c) is not the same as (a) and (b), which involve the coating process; (c) occurs outside of the coating process; it is very difficult to quantify the impact of work practices, so (c) cannot be its own alternative; part (d) is not straight

- forward and would require a “determination of equivalency” or another analysis Since 714.7 requires work practices (the requiremen t is a result of the solvents CTG), it is not necessary to include (c) in 714.5. Then, part (d)
does not make sense

– it does not make sense to require both (a) and (b).

Therefore, AQD deleted options (c) and (d).

Add 714.7 to address the solvent CTG requirement for 714 categories in 714 (instead of requiring sources to find the requirements in 770 and 771) Only certain work practices would need to be followed, so “as applicable”

was as added to 714.7

Add 714.8

– a facility still has to tell us what they’re doing to meet requirements if they follow a CTG, but without the extensive financial analysis, as required in 715 OK

– adjusted order of section;

removed definition for RACT in the reg, since RACT definition is in 799 Keep 714.9

– EPA prefe rs that sources below the CTG threshold keep adequate records to show the exemption applies See below

771.1

– remove (a), since 714 already contains work practice requirements OK

– also, the work practice “VOC containing materials” presumably

includes cleaning materials September 30 Sections 710 and 716 on

printing 710.3

– do not need to refer to NSR (204), based on discussion OK

710.5

– adjust wording OK

716.1

– see 710.3 comment Will keep reference to 710 “as is” because...why not

716.4

– adjust wording OK

716.6

– check “one of” wording, since the phrase starts with “no OK

– made a revision that is differentDATE TOPIC EPA COMMENT/CONCERN DDOE RESPONSE person”; does it make sense? than the suggested revision

716.7 and 716.8

– make terms consistent with definitions OK

716.9

– the inclusion of part (a)(3) opens a can of worms because it says, “a person may be granted by the Department an

enforceable limit...” KEEP

– incorporated contents as a new

716.11 ; see below

799

– add/check definitions

– there seem to be differences
between the current DCMR and the current SIP Parts of the last round of VOC revisions may not have been SIP’d, but they will be SIP’d this roundDATE TOPIC DDOE Question EPA Comment DDOE Response

October 8 DDOE submitted a list of

remaining questions to EPA 708

– do we need to keep

the section on “nonphotochemically

reactive solvents”? Deletion would probably be seen as a potential backslide OK

– we’ll keep the section for now, even though they’re not VOCs

710

– is the term “plate” in

the title of the section appropriate? Probably depends on facility

which necessitated the need for 710; is not an EPA issue OK

710.1

– we may propose NAICS codes that correspond with the 1972

SIC codes

– is that okay? (THEN, we decided not to)

(DC still thinks that SICs will be harder to implement as time goes on; once NAICS are incorporated into AFS, it may be easier to

transition from SIC codes to NAICS) Per discussion

– make sure SIC codes include flexible package and printin g presses ; see below Did not include NAICS codes because of DC’s recent experience with NSR

draft

– EPA suggested it is not necessary to do so

710.2

– is this section necessary, since we’ve added “in addition to any applicability requirements in
716” in 710.5, 710.8, etc.? Probably not, as long as each and every previous requirement in 710 is prefaced (to avoid backslide) Keep 710.2

710

– just to clarify, we do

not think this section is RACT for 100 tpy major

sources See provided history of the reg

– it’s based on a DC commitment from 1988, and would probably only become an issue if we need

to re

- evaluate non

- CTG source

specific RACT based on PTE OK

714.2 and 714.3

– are both necessary? Try combining; note that the
difference between actual and PTE threshold requirements OK

– 10

- 26

- 09 discussion led to agreement that 714.3 is not necessary, since DC does not have separate

localities or NESHAPs which could

result in situations where 714.3 would

make senseDATE TOPIC DDOE Question EPA Comment DDOE Response 714.4(a)(3)

– do 770 and

771 cover “aer osol coatings” (per CTG, page 6), or is the aerosol

exclusion elsewhere? Part of the aerosols CTG requirement is covered by the 90% capture & control efficiency (714.1), and the rest by 714.7 or 770 & 771 or national rules,

etc...see notes OK

Follow

- up: 770 & 771

– Should there be more CTG exemptions (gel coats...)? Not if do neg dec for fiberglass

boats OK

714.4

– are caps appropriate? Not necessary, at least per EPA OK

714.9

– should section be

struck or not? Keep record

- keeping requirements provide proof that sources fall
below threshold so 714 does not apply; this is important because

the CTG thresholds are based on actual emissions, not PTE or a design or physical characteristic; in fact, for the SIP , provisions

need to be enforceable, so may
need to make sure record

- keeping requirements that enable EPA to

make an informed decision are added to 710, 716 and 770 too

FYI: in MD, any facility that emits VOCs from CTG categories are applicable to control requirements! See below

Per 10

- 30

- 09 discussion

– since wording offered per PA example is vague, decided that maintaining records “upon request” is not too burdensome; per EPA, such facilities are probably already subject to a NESHAP already (historical context:

there was a RAC T fix

- up or sweep, so affected facilities may already be maintaining records?)

714.8

– do sources need to submit a work practice plan? (the rqrmt was removed) No; 714.7 requirement to do work practices should be fine OK

– also, work practices are difficult

to monitor and enforceDATE TOPIC DDOE Question EPA Comment DDOE Response 715.1(a)

– is just saying “PTE” okay? See provided history of the reg and suggested changes We intend for 715.1 to apply to the section, not the chapter, and do not

want to add another definition for PTE (it’s already d efined in Title V and Ch. 1); plus, DC will probably never have a source that EPA is trying to consider with the proposed scenario; we do not want to overcomplicate the rule for the industry regulated by DC; instead, if a large VOC emitter came to DC, we

c ould interpret RACT and deal with any ambiguity through the permitting

process

– please see suggested changes

Per 10

- 30 conversation

– Include a “once in, always in” provision tailored to the CTG requirements to address 715.1 change from “chapter” to “section 710

– see 710.1(b)(1)

714

– 714.2 used as model

715

– n/a

716

– see 716.2

770

– see 770.2

715.2

– is this section supposed to refer to
“theoretical PTE”? See provided history of the reg and suggested changes

– there’s a difference between PTE for NSR, and PTE for VOC RACT (i.e. after vs before controls; any vs operational limits)

Include a “once in, always in” provision tailored to the CTG requirements to address 715.1 change from “chap ter” to

“section” Per conversation on 10

- 27

- 09, it’s okay to simply delete 715.3

– We do not believe that it is necessary to include “in the future” in 715.2, even though it was in 715.3; the reg is applicable once a facility reaches the limits, period

715.2 (after comments)

– Should we add a definition for “federally enforceable”

to substitute: “Federal Clean Air Act (42 U.S.C. 7401 et OK Added def in 799DATE TOPIC DDOE Question EPA Comment DDOE Response seq.)”

715.7(a)

– can’t we delete

reference to the definition

for RACT? Yes

– definition is in 799

715.7(d)

– which is the most

up

- to

- date version of the OAQPS manual? Change reference to 2002 version (sixth edition) OK

716.6

– the equation and
definitions do not match! Use formula from 747.5; both regulate composite pressure, and 747.5 equation would allow more than one exempt compound to be

considered and adds the ASTM methods in the defs of components OK

– changed equation

716.6(b)

– do you mean
“one” or “both”? Depends on phrasing

– intent is

one or the other OK

716.9(b)

– DDOE staff

would like to include section b...but would it be okay to

do so without the time

limits? Provision remains optional; if do so, make sure timing allows for EPA to approve source

- specific SIP provisions prior to or with approval of 716, because EPA
cannot enforce “b” until it’s in the SIP; could place in preamble If the provision is in the preamble, it would not be enforceable; (a) conflicts with PAL of NSR, but perhaps only if the threshold was 50 tpy and not 25 tpy

– KEEP as 716.11

Per 10

- 30

- 09 discussion

– any SIP revision per (now) 716.12(c) would

theoreticall

y occur before the reg is active, so keep part (c); before reg is published, determine if any DC sources will be affected and coordinate with

them! 716.9 (no 716.11)

– Why does “once in, always in” apply here

– doesn’t that

throw out PAL of NSR? The two provisions do not mesh together

– if you go through NSR, the permit is federally enforceable because of operational or physical changes; this is different than imposing VOC RACT on existing

sources 716.11

– is it safe to assume

the CTG intends to cover Yes

– the CTG’s use of the word “press” was intended in the OKDATE TOPIC DDOE Question EPA Comment DDOE Response both offset lithographic and letterpress printing? It just refers to “heatset presses” for this requirement context of what was being

contro lled in the first place

744.2

– does the 500 limit work for “plastic cement welding”, even if the OTC

rule and CTG both include a

limit of 510? The CTG has 500 for “plastic solvent welding”, and the OTC rule has 510 for a similar “plastic

cement welding”; EPA is not concerned about a 10 g/l

difference Will stick with 500 limit, since EPA is

not concerned about minor differences

745.1(g)

– this section can be deleted if we do a neg dec for fiberglass boats,

correct? Yes

– correct OK

– deleted 745.1(g)

770.4(c)

– any ideas on how to word the phrase to make

it make sense

– am not having any luck See EPA suggestion OK

770.5

– Is section repetitive

with 770.2? Are both necessary? 770.2 IBRs a method, and 770.5

dictates what the method is used for; per discussion with EPA, it may be okay to delete 770.2, since Method 24 is already IBR’d in Ch. 2 or 5, but check DC’s administrative requirements Both need to be kept; 770.2 is IBR’d

el sewhere in Chapter 7, but the IBR does not specifically mention Method

24.

770.5 needs to be articulated

– is (c) supposed to apply to both (a) and (b)??

– YES; see proposed language

700.2

– to clarify meaning, the term
“overall uncontrolled VOC emissions” was changed to “uncontrolled VOC emissions are reduced by at least...90% overall capture and control efficiency”

770.9

– Aren’t some of the exclusions (parts l, m, n, p, s) already referenced in part

b? Check CTGs

P

– Probably should o P

– Deleted

– See September 18 comments (above)

N

– KEEP

– See September 18DATE TOPIC DDOE Question EPA Comment DDOE Response comments (above)

L, M, S

– the inks, coatings, and adhesives portions of the CTG for sources >25 tpy is covered in 710, so

are addressed in b and should be
deleted from 770.9...but th e cleaning material portions for sources >15 lb/day are not AND SHOULD NOT BE EXEMPT because they should be addressed by the solvents CTG (and thus by 770 and 771)

– DELETE

– BUT, per discussion on 10

- 16

- 09, there are no vapor requirements (770.4) in the f

p&p CTG, so it is not necessary for 770.4 to apply to fp&p cleaning materials

– KEEP L, M, S

L & M & S

– Need to make sure

the SIC codes in 710.1 include sources impacted by the Flexible P&P CTG (per discussion

– and

then delete l & m?) or, per discussion, could consider a neg dec for flexible p&p with an exception Do not need SICs in 710; instead, facility descriptions are written out in
799 definitions for “flexible package...” For now, will not consider neg dec with an exception

771

– check solvents CTG 771.2

– Per discussion on 10

- 16

- 09, delete “used in processes subject to 770.9”

– doesn’t make sense to be subject to 770 and

770.9 OK

– and keep 771.1(b) to address the portion of the fp&p CTG that is not
addressed in 710

777.1 to 777.6

– edited language to

make each section consisten

770 & 771

– is the 85% requirement from the CTG

included? The 85% requirement is in 770.4(c) OK

770.6

– changed the reference in part (c) from 708.11 to 770.6(b)

773 to 778

– is the 85% requirement from the CTG 773 to 778 is very specific to AIM categories; no CTG applies hereDATE TOPIC DDOE Question EPA Comment DDOE Response
included?

799

– Is there a better definition for RACT, since the previously suggested

definition is circular? The suggested definition for

RACT is the same definition used in the District’s 715.7, which is the same definition used by EPA

since 1978 OK

October 26 PFCs Dates indicate that second version of OTC model rule (for rules adopted after July 1, 2007) was not adopted OK

– see corrected version; this takes care of improper references to “Secretary of State”

Consumer Products Adoption looks okay

October 29 Follow

- up to 10

- 26

discussion

– requirements for

actual emissions vs PTE See accepted recordkeeping provision for CTG rules having a 15 lb/day actual emissions cutoff 710

– n/a; no rkdkpg provisions necessary b/c no 15 lb/day cutoff

714

– see 714.1 and 714.8

715

– n/a

716

– see 716.1(b) and (c) and 716.18

770

– see 770.1 and 770.10; see 771 .1

and 771.3 Provided a conceptual outline for rules with theoretical 25 tpy PTE

thresholds 710

– see 710.6; calculations of PTE should be made pursuant to 715

714

– n/a

715

– see 715.1 through 715.3

716

– see 716.1(a); calculations of PTE
should be made pursuant to 715

770

– n/a Applicability sections of CTG

rules will need to be modified to require sources claiming they are below the 15 lb/day threshold to keep minimum records 710

– n/a

714

– see 714.1(b) and 714.8(b)

715

– n/a
716

– see 716.1(c) and 716.18 (b)

770

– see 771.1(c) and 771.3(b)

October 30 Wrap

- up 745.3 and 745.4

– Less than 15 lb/day exempts from all standards (could emit 100 lbs/day), so what’s the value of a 200 lb/yr exemption There may be situations where a stronger limit is needed (200 lb/yr is more stringent that 15 lb/day, which would equate to about 5400 lb/yr) OK with model rule as written for nowDATE TOPIC DDOE Question EPA Comment DDOE Response (ex: exempts small auto body shops) DC could craft a different applicability for a specific industry (like auto body shops); if do so, consider both sectio ns & any meshing with MERR; be careful not to mix time frames,

and be careful about recordkeeping (daily requirement

would be more burdensome than monthly)

### Proposed VOC Regulations (20 DCMR Chapter 7) Summary of Responses to Public Comments

As of January 2010

All comment s were received after the official close of the initial comment period . All commenters have been added to a special

listserv and will be sent the proposed rule when published in the D C Register.

PERSON/ CONTACT INFO QUES TIONS/ COMMENTS DDOE RESPONS E

Ann Meiner U.S Department of Commerce

301

- 975

- 2921 Concerned about application to foreign products

– discussed applicability and what companies need to do. Responded to questions about variances, sell

thr ough provisions, and exceptions; no changes required

Dylan Fuge

Latham & Watkins

202

- 637

- 2391 Calling on behalf of clients to clarify some issues Responded to questions regarding the applicability to cosmetic products, sell through provisions,

varian ces, and compliance/enforcement; no changes required

John Hoertz U.S. Air Force, Regional

Environmental Officer

404

- 562

- 4210 Submitted written comments concerning the applicability of the rules on military HAZMAT pharmacies (they distribute many paints, adhesives, and sealants under the VOC rules). Requested that military HAZMAT pharmacies be exempt, or not considered/defined as “suppliers.” Sent comments to AQD to

discuss. Responded to questions about sell through dates,

r etailers, consumer products applicability and labeling, and coding for adhesives. However, DDOE decided not to grant an exception to military HAZMAT pharmacies.

MD is not granting the same exemption request, but VA did grant the exemption.

Joe Yost Consumer Specialty Products Association (CSPA)

202

- 833

- 7325 Questions about different consumer products VOC standards, exemptions, and sell through periods. Responded to questions; no changes required

Doug Raymond Represents Honeywell, Dupont, AGC,

etc. Questions about VOC definition and sell through dates for

electronic cleaners. Responded to questions; no changes required

Marnie Moore
Larkin Hoffman, PC

952

- 835

- 3800 Questions about VOC standards for different consumer products, exemptions and sell thr ough dates. Responded to questions; no changes required. Will seek variances for certain products.

? C onsider adding California’s enhanced vapor recovery (EVR)

standards The new rule states that vapor system technology (VST) Phase II EVR Systems should be at least 95PERSON/ CONTACT INFO QUES TIONS/ COMMENTS DDOE RESPONS E percent efficient and not exceed 0.38 lbs hydrocarbons per 1000 gallons of gas transferred. The current regulation refers to 90 percent efficiency (not vacuu m assist) and 96 percent efficiency (with vacuum assist). N o action was taken. Kathy Prunti

EPDM Roofs

301

- 654

- 5090

Bill Schneider ERA (EPDM Roofing Association)

717

- 245

- 7000 Concerns about single ply adhesives, primers, and sealants.

Limits too low and cannot be maintained in colder climates DDOE requested information to aid in decision

making on roofing request. Seth Barna of OTC was able to fax a copy of a confidential memo from EPDM to OTC, which contained information on roofing in DC.

The propose d phase

- in (sunset provision) is similar to the approach being taken by other OTC states. No change was required.

Frances Woo

Personal Care Products Council

202

- 466

- 0495 Reporting requirements for date codes on consumer products

The Proposed Rule, 20 DCMR 732.7, says that manufacturers must provide an explanation of the date code no later 12 months

before the applicable standard goes in to effect. Since the rules are proposed to take effect on January 1, 2009, the date code

re por ts are due now O ur rules were not final at the time of the call.

S everal other states have n ot finalized the rules either, even though the date code explanation s we re due by January 1, 2008. Although we cannot officially make them file the date code exp lanations
before the rule is final, it would be easier for the

manufacturers to file them all at once. So, Ms. Woo was calling to let us know that we should be expecting some date code reports in accordance with the proposed rule. No action was taken.

D avid F. Darling, P.E. Director, Environmental Affairs National Paint and Coatings

Association

202

- 462

- 6272 The DC AIM rule (Section 753) requires annual reports for clear brushing lacquers; rust preventatives; primer sealer undercoaters; perchloroethylene /methylene chloride; recycled paint and bituminous roof coatings. NPCA request ed on behalf of their

members a waiver from these burdensome "automatic" annual reporting requirements. T hese requirements originated from the

CARB 2000 AIM Suggested Control M easure and were subsequently included in the OTC "model rule", but only two

O TC states actually adopted the requirements. In October 2007,

CARB deleted the requirements from the 2007 AIM SCM. Change to reporting requirements was made in

response to comme nts

Christopher Dugan Printing Industries of America Asked whether we’re adopting regs based on the 2006 CTG for lithographic printing. His concern is that he has talked to many states that are developing regs and from what he has seen and

heard there have been variations i n interpretations of the CTGs. Told him we were just beginning to devel op the regulations ; no action was taken.PERSON/ CONTACT INFO QUES TIONS/ COMMENTS DDOE RESPONS E IPA is working with EPA to develop a model rule based on the CTG, hoping that states will use the model rule and so have consistency between states. The model rule language should be done before the end of the year but he doesn’t know when EPA will be able to get it into the FR. He thinks he’ll be able to share the model with us informally, before it appears in the FR.

CRC Industries Called to discuss what DDOE is doing about the consumer products rules compliance date; she has seen several states’ recently proposed rules (maybe IL and DE) and they are putting in a May 20 09 kind of time frame At the time of the comment, the compliance dates
were still to be determined (TBD); date will be later than May 2009

Michael S. Graboski

American Rental Association ARA’s members are stores that rent tools and equipment for

contractors and t he general public. They are trying t o understand various regulations related to PFCs. EPA has implemented a national regulation covering low permeation spill proof containers for gasoline diesel, etc. The rule is directed at manufacturers and does not p lace any requirements on cans that were purchased prior to January 1, 2009. How will in

- use fuel containers be regulated in DC? (For example: a member rents chainsaws. To protect his equipment, he provides a fuel can containing two cycle oil

- gas mixture . Are the fuel cans exempt, or are they subject to enforcement? )

In response to the word “supply” in the PFC model rule, Graboski contacted CARB, and they told him the rule applies only to manufacture r s. (CARB’s email stated: “ Although the

California R

egulation concerning Portable Fuel Containers has been in place since 2001, our requirements are similar to that of

EPAs. The Regulation applies to the sale of these containers.

In

- use applications are not addressed.”) The chainsaw company can continue t o use existing PFCs that are already in

- use, but they cannot obtain new PFCs that do not meet the requirements of the regulations unless they meet the exemptions in section 737 of the current rule (753 in the proposed rule) ; no action taken

Brian Dolansk

y Simon Roofing Asked a general question about the District’s AIM rule and when we expect to finalize it Responded to question; no action taken

R. Ciemniecki

Bel

- Ray Company, Inc. Asked a general question about DC’s consumer products regulation Responded to question; no action taken

? DDOE Director received a call asking about the adhesives and

sealants rule No information for follow

- up

Heidi McAuliffe National Paint and Coatings

Association

202

- 719

- 3986 NPCA indicated a problem with the industrial adhesives rule stemming from the OTC Model Rule. In the OTC Model Rule, there is a very clear and definite sell

- through for the “sale, supply, and offer for sale” of products manufactured prior to the Parts of rule are applicable 6 mon ths after final rule is published (e.g. see §744.2) to address this

concernPERSON/ CONTACT INFO QUES TIONS/ COMMENTS DDOE RESPONS E

effective dat e of the rule. But, there is no similar sell

- through for the “use and application” of adhesives products that are manufactured prior to the effective date. The product, if manufactured prior to the effective date, is compliant when it is

manufactured or sold, but becomes non

- compliant when it is used or applied. One problem that is apparent is that there will be a product on the retail shelves that will likely have to be

discarded and added to the hazardous wastestream.

Neal Mohlmann Bureau of Engraving and Printing DDOE provided BEP with a copy of the lithographic and letterpress printing CTG. BEP said they’d have difficulty complying with the CTG portion on letterpresses, since they use solvents with vapor pressures greater than 10mm of Hg and/or they may be considered greater than 70%VOC. They do not think that they can meet the yearly 110 ga llon limit for these

solvents.

BEP’s Web heatset Offset Press 043 (PID 10) meets the conditions that do not require emission control because the total emissions are well below 25 tpy, which would enable them to
remove the control device.

Intaglio is not specifically addressed in the CTG, but intaglio presses are cold

- set, sheet fed. The same rational about VOC emissions applies equally to intaglio as with other cold

- set, sheet fed presses (see pages 14

- 15 of the CTG). If DDOE agrees, then

this could be reflected in new regulations. DDOE responded that preliminarily, we do not plan to apply the CTG to intaglio printing. We plan to keep it covered by 20 DCMR 710, which would only be slightly modified (mainly to incorporate the referenced appendix directly , rather than as a
reference). We are modifying 20 DCMR 716 to cover letterpress printing as well as lithography and to take into account the CTG’s requirements for

both.

Joe Zenex International (Cleveland, OH) C alled about chlorinated solvents; are we adopting the consumer products model rule? We are adopting OTC’s model rule; no action taken

Bill Geibel Printing Industries of America

412

- 259

- 1779 Called about printing and sent draft lithographic printing and letterpress printing model rules; would be interested in commenting on any draft VOC reg related to L&L printing Added Mr. Geibel to VOC listserv20 DCMR Chapter 7, Proposed VOC Regulations

C OMMENT P ERIOD : A UGUST 13, 2010, TO S EPTEMBER 13, 2010

(A S OF O CTOBER 19, 2010 )

Response to Comments* * Please note that comments in this document are paraphrased

1. Kathie J. Tryson, Willert Home Products, September 8

Comment 1a : Willert objects to the prohibition of paradichlorobenzene (PDCB) solid air fresheners and

toilet/urinal care products in the District. They request that the current Consumer Products exemption in §721 be maintained and expanded to include the new category of Toilet/Urinal Care products. See suggested revision to §721(h)

.

Response 1a : The OTC Model Rule does not grant the requested exemption, and the Department is not

aware of others states that have granted the requested exemption. Therefore, the Department does not find reason to grant the exemption.

Comment 1b : If the exemption is not maintained, Willert requests that the new regulation clarify that

the amended VOC standards do not apply to products manufactured before the effective date, as indicated by the date code on the product

Re sp onse 1b : MDE’s regulation 1 includes a one

- year sell

- through for products containing PDCB that were manufactured before January 1, 2009. VDEQ’s regulation does not currently address PDCB in toilet/urinal care products.

The Department will retain the cur rent exemptions as written in § 721 for insecticides and solid air fresheners that contain PDCB, but will adopt language in § 729 to include a one

year sell

- through for solid air fresheners or toilet/urinal care products manufactured before March 1, 2011, as requested and considered “optional” under the OTC Model

Rule.

2. Jim Sell, American Coatings Association (ASA), September 13

Comment 2a : The emission limits for VOCs from extreme gloss, high gloss, and antifoulant coatings

recommended in the Misc. Metal an d Plastic Parts Coatings CTG are too low, considering performance requirements of pleasure craft coatings; they present technological and feasibility challenges.

Response 2a: The Department left a message with ACA and did limited research, but remains unaware

of any pleasure craft coating activities in the District, so does not find cause to revise §714, which adopts the Miscellaneous Metal Product and Plastic Parts Surface Coatings

CTG.

3. Th omas F. Myers, Personal Care Products Council, September 13

Comment 3a : Revise § 719 to be consistent with the OTC model rule. DDOE ’s rule omits an important

reference to the exemption section ( § 721) of the rule; simply adding a phrase will provide

much needed clarity

1 http://www.dsd.state.md.us/comar/comarhtml/26/26.11.32.10.htmResponse 3a : DDOE added an applicability section (§719) to the model rule. Section 721 only allows for exemptions from the Table of Standards in § 720. Section 720.1 begins with the phrase, “Except as provided in §§ 721, ...,” so the Depa rtment believes the regulation is clear as written and already addresses the commenter’s concern.

Comment 3b : Include a provision from the OTC Model Rule that products manufactured before the

effective date of the new VOC limits may still be sold in the District in order to avoid any confusion about potential sell

- through limitations.

Response 3b : Both MDE’s regulation 2 and VDEQ’s regulation 3 do include a sell

- through provision similar to OTC Model Rule Section 3d. Please note, however, that the additi on of the
sell

- through provision is only intended to remove any possible ambiguity regarding the sale of products manufactured before the effective date; the commenter acknowledges

that § 719.1 does firmly state that the VOC limits apply to products manufac tured on or

after the effective date specified in the Table of Standards.

To clarify the intent of the regulation, as requested by the commenter, §§ 720.2 and 720.3

have been added to include the sell

- through provisions of the OTC Model Rule.

Comment 3c : PCPC recommends clarifying which consumer products are included in an ACP. Amend

the rule to ensure that a manufacturer with an approved ACP in California that includes one or more products not regulated in the District (i.e. if it is not in the § 720, the Table of Standards) would not inadvertently be denied an ACP in the District

Response 3c : See Response 6e . The Department has revised §§ 721.1(l) and 735.2 to address the

commenter’s concern.

Comment 3d

: Provide a reasonable time for co mpanies to explain date codes. PCPC suggests removing the “twelve months prior” language in § 732.7 to allow companies more time to comply with the date code reporting requirements , among other approaches

.

Response 3d : The OTC Model Rule has been propos ed by states throughout the region, and § 732.7 was

initially posted for public comment as written in 2007, so the Department does not believe it is unreasonable to require date code explanations by March 1, 2011. The language of § 732.7 has been revised to remove the “twelve months before” requirement, as suggested.

Comment 3e : PCPC urges DOE to consider applying § 732.7 date code reporting requirements to only

those companies that have not previously submitted a date code explanation.

Response 3e : Th e Department believes this is a reasonable request and has revised § 732.7 to indicate

that manufacturers who have previously submitted a date code explanation for a consumer product do not have to do so again.

4. Kerry C. Stackpole, Printing and Graphics Ass ociation Mid

- Atlantic (PGAMA), September 13

2 http://www.dsd.state.md.us/comar/comarhtml/26/26.11.32.04.htm

3 http://www.deq.state.va.us/air/pdf/airregs/4503.pdfComment 4a : § 708.1

– PGAMA requests that the section on nonphotochemically reactive solvents be

removed from Chapter 7 because it appears to be setting a limit on chemicals that are exempt from the definition of VOC.

Response 4a : The Department still believes that removal of § 708.1 at this time would be considered

backsliding. Although in the preamble, we say that “nonphotochemically reactive solvents are not technically VOCs,” it is possible that there may be VOCs that are nonphotochemically reactive. For example, there are compounds (e.g., acetone, methylene chloride, perchloroethylene) that were consid ered to be VOCs until industry was able to prove that they were negli gi bly photochemically reactive. Only then did EPA move them to the list of exempt compounds. EPA’s definition of VOC, which is incorporated by reference in § 799, refers to “virtually an y compound of carbon” except those that are considered to be exempt.

Section 708.1 does not regulate compounds that are exempt from the definition of VOC. Rather, it controls VOCs that are nonphotochemically reactive but are also not exempted

from the definition of VOC.

Comment 4b : Section 710 is confusing and needs revision. The title of the section, “Engraving and

Plate Printing,” does not clearly identify that the section’s requirements can also apply to other printing operations . The section app ears to be dedicated to a specialty printing process called intaglio.

Response 4b : Section 710 preserves existing provisions that are part of the District’s SIP. As

mentioned in the preamble, Section 710 has a history and, “the D istrict intends for the

r egulation to apply to relevant commercial printing units.” To be more specific, in 1985, §710 was submitted to EPA for approval into the District’s SIP. The purpose of the regulation was to adopt a RACT rule for sources in the District not subject to a C TG, and

one of the non

- CTG source categories identified was engraving and plate printing. The Department had and still is aware of only one source in this source category: the Bureau of Engraving and Printing (BEP). When EPA approved §710 into the Distri ct’s SIP in 1992, they noted that the approval addressed , “the District’s non

- CTG regulation for heat set intaglio, non

- heatset paperwipe intaglio, nonheatset cylinder

- wipe intaglio, offset lithography for both heatset and nonheatset, letterset and letterp ress printing operations.” At the time, BEP was engaging in these types of printing operations.

T he commenter is correct to note that the section addresses intaglio printing, which is typically used to print paper money and other similar securities. It is not a common process, but does occur in the District. But, the section does not only address intaglio.

The Department agrees that the title of §710 is no longer accurate. After much contemplation, it has been decided to move the parts of §710 that re fer to lithographic and letterpress printing to §716, as suggested by PGAMA. As a result, §710 will apply to three specific types of printing: intaglio, flexographic, and rotogravure. The title of §710 has been changed to reflect the content of the prop osed amendment.

Comment 4c : § 710.1

– Flexographic and rotogravure printing should not be included in the

applicability section because they are not the same process used for Engraving and Platemaking Printing.Response 4c : As mentioned in the preamble, control recommendations and emission limits from the Flexible Package Printing CTG were added to § 710 and will remain there. As noted in Response 4b, however, the title of the section has been revised to more accurately reflect

the content o f the revised amendment.

Comment 4d

: §7 10.1(b)

– The section does not refer to lithographic printing, but includes the phrase “petroleum ink oil,” which is a VOC component of ink used only in lithographic printing.

Response 4d : PGAMA is correct to note that §710.1(b) refers to flexographic and rotogravure printing,

neither of which use “petroleum ink oil.” The phrase, which refers to an ink used only in lithographic printing, has been deleted from the section.

Comment 4e : §7 10

– There are several addit ional requirements addressing fountain solutions and inks

used in lithographic printing, but it is not clear how the requirements are to be applied since there is an entire section, §716, dedicated to controlling emissions from lithographic printing.

Resp onse 4e : See Response 4b for additional perspective on §710, a regulation originally designed to

address operations at BEP. Lithographic printing occurs at BEP. This is why lithographic printing was addressed in both §710 and §716.

As with any regulat ion, if a source meets the applicability requirements of a section, the source must meet the regulatory requirements of that section (i.e. both sections). Nonetheless, the comment has been addressed, and the regulation simplified, by the move of parts of §710 to §716.

Comment 4f

: §§ 710.9 and 716.5 [§716.6 after recodification]

– The sections set out different requirements for the allowable VOC content in lithographic printing operations. Section

716.5 [§716.6] is consistent with the CTG; § 710.9 needs to be deleted. There is no

information in § 710 or § 716 that guides the printer as to which requirement takes precedence.

Response 4f

: When revising the regulations, the Department tried to maintain existing provisions as much as possible. Once a regulatio n is adopted into a state implementation plan ( SIP )

, elements cannot simply be deleted. This is why §710.9, which applies after December 31, 1987, and was part of the previous regulation (as part of Appendix 7

- 1), remains in the proposed regulation.

As P GAMA points out, both §§ 710.9(a) and 716.5(b)(3) [§716.6 after recodification] do address VOC content used in heatset offset web lithography printing. The Department would like to point to subtle distinctions between the sections. Section 710.9 was
inte nded to apply to the VOC content of dampening solutions at BEP since 1987. Section 716.5 [§716.6] only applies after March 1, 2011, and VOC content is only a factor IF an alcohol substitute is used to achieve an equivalent level of control as §§ 716.5(b)( 1) or (2) [§716.6]. The limits in §§ 716.5(b)(1) and (2) [§716.6] address alcohol content of dampening solution, not VOC content. In other words, technically, there are separate requirements for allowable VOC content, versus alcohol content of the dampen ing

solution.

Upon reflection on apparent confusion by the printing industry about references to both §716 and §§710, the Department has moved parts of §710 (including §710.9) to §716,and added clarifying language. Specifically, note that §710.9 has bee n moved to §716.5 [§716.6], and is applicable “prior to March 1, 2011” for units “in existence as of December 31, 1985”, in contrast to §716.6 (the previous §716.5), which is applicable “after March 1, 2011”.

Comment 4g : Section 710.1(b) refers to conditi ons in § 710.2 that need to be met, but § 710.2 does not

contain any conditions to be met.

Response 4g : Section 710.1 begins with the phrase, “Except as provided in §710.2, it shall be

prohibited to operate...” Section 710.1(b) does not directly refer to §71 0.2.

Section 710.2 contains language from the existing regulation; it retains existing regulatory provisions. It means that if conduct occurring in relation to a printing operation is not regulated by §710, §710 does not exclude that conduct from regul ation elsewhere. For example, the handling of miscellaneous clean

- up and VOC materials at operations subject to §710.1(b) are subject to §§ 770 and 771; the conditions in §§ 770

and 771 would also need to be met.

Comment 4h : To avoid confusion, lithograp hic and other types of printing should not be regulated

under § 710. All requirements for lithographic and letterpress printing should be

contained in § 716.

Response 4h : See Response 4b. The Department has moved the lithographic and letterpress portions of

§710 to §716.

Comment 4i : Section 710 .2 implies that if a printer is subject to §710, then it is not subject to any other

section of the VOC requirements.

Response 4i : See Response 4g. S ection 710.2 contains language from the existing regulation, retains

existing regulatory provisions, and actually states the opposite

– that “if part or all of any printing operation” is not controlled by §710, then it shall be subject to other sections

. The implication , according to the commenter, is not stated and is not correct.

Comment 4j : § 710.3

– The section serves no clear purpose, so should be deleted.

Response 4j : Section 710.3 contains language from the existing regulation; it retains existi ng

regulatory provisions. It is intended to clarify that §710 as a whole only regulates certain operations at a facility or plant in which certain types of printing are conducted and does not excuse other ancillary operations from other applicable provisi ons. For example, an ancillary operation involving the use of a cold cleaning machine at any operation subject to §710 would also be subject to §§ 763 through 769.

Comment 4k : § 710.4

– The section serves no clear purpose, so should be deleted to avoid confusion.

Response 4k : As mentioned in the preamble, §710.4, which refers to §§ 710.5 through 710.9,

incorporates and retains the provisions of Appendix 7

- 1 from the existing regulation.

Comment 4l : § 710.5

– The VOC content limits for lithographic inks are not required by the CTG, so

must be deleted.Response 4l : Section 710.5 contains language from the existing regulation. The limits for lithographic inks apply to BEP, the only facility which meets the applicability criteria of §710.1(a). It

doe s not matter that the limits are not part of the CTG guidance.

Comment 4m : § 710.6

– The section refers to PTE calculations in § 715, but does not specify what

specific part of § 715 is being referred to. Consider suggested revision.

Response 4m : As sugges ted, the reference to §715 has been changed to §715.1.

Comment 4n : § 710.8

– The reference to § 716 is not necessary; consider suggested revision.

Response 4n : Since publication of the proposed regulation, the Department has learned that “wiping

solution” is unique to intaglio printing, so reference to §716 does not make sense in this context. The suggested revision has been made.

Comment 4o : § 710.9

– The section is confusing and unnecessary and should be deleted.

Response 4o : See Response 4f. Section 710.9 was intended to apply to BEP. It retains existing

provisions, which are part of the SIP, and cannot simply be deleted. It applies to dampening solutions used in offset lithographic printing operations. The section has been moved to §716 to minimiz e confusion. Note that the “new” §716.5 (which states “prior to March 1, 2011”) applies only to major sources.

Comment 4p : § 710.17 [§710.15 after recodification]

– The section serves no clear purpose and should

be deleted or revised to remove reference s to “emulsions,” as suggested

.

Response 4p : §710.17 [§710.15 after recodification] contains language from the existing regulation to

retain existing regulatory provisions. The Department has since learned that the source that §710 initially applied to, BEP, no longer uses emulsions, but does not believe it is necessary to revise the section because it already refers to “emulsions or other materials.”

Also, the section begins with the phrase, “To the greatest extent feasible.” The Department does not b elieve it is necessary to add, “when technologically and economically feasible,” to the end of the sentence, as suggested.

Comment 4q: § 715

– Appropriate retention factors and capture efficiency factors specific to

lithographic printing need to be included in the rule, as suggested.

Response 4q: Section 715 applies to major sources only

– those with a theoretical PTE of 25 tp y or

more. The Department has no intention of making the section specific to any specific industry, so does not agree that p rinting specifics need to be added to the rule.

Comment 4r: § 715

– The section needs to be revised to recognize EPA guidance on how to calculate

actual and potential emissions from printing operations.

Response 4r: See Response 4q.

Comment 4s : § 716.1(a )

– The section needs to be clarified; does the threshold apply on a facility

- wide

basis or per press? Consider suggested revision.Response 4s : This applicability provision is part of the SIP in force prior to the amendment. However, the commenter has a point.

The definition of “source” can be found in 20 DCMR 199: “any property, real or personal, which emits or may emit any air pollutant. F or purposes of sources affecting

non

- attainment areas and permits for the sources under §204 of this subtitle, the term includes both plants and each individual piece of process equipment.”

The definition of “printing operation” can be found in 20 DCMR 19 9: “each operation used in connection with printing, including, but not limited to, the printing itself, ink manufacture, ink mixing, preparing, and packaging the printed product and disposal of
the waste.”

The Department intends for §716.1(a) to apply t o any such printing operation (i.e. the press and its associated processes) that meets the threshold, as suggested, and has deleted the words “that is part of any source” to clarify this intent.

Comment 4t : § 716.1(b) and (c)

– The thresholds should be cha nged from 15 lb/day to 3 tpy, as

suggested; a 15 lb/day threshold would require daily recordkeeping, which would be
burdensome.

Response 4t : The Department does not believe it is necessary to change the form of the threshold,

which was suggested in the Of fset Lithographic and Letterpress Printing CTG, which did go through a public notice and comment period. The rule is an ozone season rule. This is why there is a per day standard; a per year standard would not sufficiently control emissions during ozone season.

Comment 4u : § 716.3

– The CTG does not support regulating coating operations at lithographic printing

operations, so consider suggested revision.

Response 4u : Section 716.3 retains existing provisions in the SIP.

The Lithographic and Letterpress Printing CTG (pages 7 and 8) explains that varnishes are unpigmented offset lithographic inks, and they generate about the same emissions as offset lithographic inks. Coatings used on offset lithographic presses are predom inantly waterbased or radiation cured, and generate minimal VOC emissions. EPA recommends that varnishes and coatings used on offset lithographic presses be considered part of the printing process, and not be considered as a separate process.

See the def

inition for “printing operation” in Response 4s. By using the term “printing operation” instead of “printing press” in 716.3, the Department believes that varnishes and coatings are already included as part of the operations “specifically controlled by th e requirements of this section.”

Comment 4v : § 716.5 [§716.6 after recodification] and § 710.9

– See Comment 4o.

Response 4v: See Responses 4f and 4o.

Comment 4w : § 716.5(b) and (c) [§716.6 after recodification]

– The phrasing of the sections is confusing

and appears contradictory; consider suggested revisions.Response 4w : The language was retained from the previous regulation and the CTG. The language is not contradictory, but is somewhat repetitive. Parts (b) and (c) are best read with the

o pening phrase of §716.5 [§716.6 after recodification]

– if the limit in (b) or (c) is exceeded, then option (1) is to go below the limit in (b) or (c).

Comment 4x : § 716.7 [§716.8 after recodification]

– Clarify if the “source” is an individual press or an

entire facility; consider suggested revision.

Response 4x : See Response 4s. The term “in any source ” in part (a) has been deleted to avoid

confusion.

Comment 4y : § 716.9 [§716.10 after recodification]

– The exemption should apply to § 716.7(a) and (b);

consider suggested revision.

Response 4y : Section 716.7(a) [§716.8 after recodification ] is part of the previous regulation, and refers

to limits after May 1, 1999. Section 716.7(b) is an amendment, and refers to limits after March 1, 2011. The exemption in §716.9 only applies to the amendment, so the Department disagrees with the commente r and will not make the suggested revision.

Comment 4z : § 716.14 [§716.20 after recodification]

– The CTG does not require continuous

monitoring; this should be indicated in the rule, as suggested.

Response 4z : Again, the language is from the existing r egulation, so is in the SIP. Section 716.14

[§716.20 after recodification] applies only to persons to which §716.10 [§716.16 after recodification] applies, and §716.10 [§716.16] applies only to major sources. Only major sources are required to monitor co ntinuously, and even then, only when a unit is operational (see part b).

Comment 4aa : § 716.18 [§716.24 after recodification]

– The section serves no clear purpose and should

be deleted or revised to remove references to “emulsions,” as suggested

.

Response 4aa : See Response 4p.

Comment 4bb : § 716.19 [§716.25 after recodification]

– An alternative applicability determination needs

to be provided that allows the printer to simply track material use and calculate emissions; note additional threshold re quest and suggested revisions.

Response 4bb: See Response 4t. The reporting requirements were suggested in the Offset Lithographic

and Letterpress Printing CTG, which did go through a public notice and comment period.

Section 716 .19 [§716.25 after recodification] states that smaller sources only need to
maintain records that demonstrate that emissions are below the applicability threshold; it does not say how this needs to be done. Nonetheless, the Department has added a phrase,
“or that material u se is beneath a threshold that meets the compliance requirements,” to emphasize this point.

5. Jamie Pierce, Walter Reed Army Medical Center, September 13

Comment 5a : Section 715.2, states that, “RACT shall be applied if the theoretical potential plant

- wi de

emissions are, or have ever been , greater than or equal to twenty

- five (25) tons per year.”

There is no ment ion of the time period that “or have ever been” applies to. WRAMC hasbeen in operation since 1908, and at one time had a gasoline station on s ite. What is the time period this refers to?

Response 5a : The revised § 715 retains language from the existing provision.

The Department believes that it is reasonable to conclude that “ or have ever been ” applies as long as the Clean Air Act threshold of 25 tons per year (tpy) has been in effect. Our understanding is that the 25 tpy threshold went into effect as a result of the Act’s 1990 Amendments. In other words, a gas station on site operated prior to 1990 is no longer a concern to the Department for purposes of RACT.

Comment 5b : WRAMC has emergency generators on site. WRAMC’s Ti tle V permit item 3.c states,
“e ach of the generators must operate less than 500 hours per any consecutive twelve month period.” Does this constitute an “operational lim itation” since the Title V permit is “federally enforceab le”? See additional discussion.

Response 5b : As much as possible, the Department tried to retain the language of the previous version

of §715 on RACT. Section 715.3(c) is directly from the previou s version of §715.

The Department intends for §715 to apply to major sources only, based on a source’s theoretical potential to emit before add

- on controls. Emergency generators that operate less than 500 hours in a year are not a part of the Title V per mit. The Department

believes the 500

- hour limit does constitute an “operational limit”. RACT can be avoided for emergency generators that operate less than 500 hours a year.

Comment 5c : See suggested revision to §715.3(c) to change “may not be avoided unless” to “is not

applicable if”.

Response 5c : The suggested revision has been made.

6. D. Douglas Fratz, Joseph T. Yost, Consumer Specialty Productions Association (CSPA), September 13

Comment 6a: CSPA supports consistent consumer products regulations throughout the OTC; therefore,

CSPA offers general support for the Department’s proposed amendment.

Response 6a: N/A

Comment 6b : The Department should revise § 719 to be consistent with th e parallel provision in the

OTC model rule; it omits important reference to the exemption section in § 721. See suggested revision.

Response 6b : See Response 3a. The exemption in question can be found in §720.1.

Comment 6c : CSPA supports the proposed effective date for the new VOC limits set forth in §720.

Member companies have already taken the necessary actions to reformulate their products to comply with comparable final regulations. CSPA cautions that o ther companies (t hat are not CSPA members) need a more reasonable amount of time to ensure that their products comply.Response 6c : The Department agrees that March 1, 2011, is a reasonable effective date because neighboring states have adopted similar regulations prior t o this date. (For example, the effective date in Maryland was January 1, 2009 4 .) Companies that ship to those states should have reformulated products, and should be fully aware of the OTC Model Rule and the fact that other states in the OTC and the Depa rtment have agreed to adopt it.

Comment 6d

: The Department should include the provision of the OTC model rule that provides a clear and unambiguous statement that the VOC limits apply to products manufactured on or after a specified effective date. See s uggested revision.

Response 6d : See Response 3b. The Department has added provisions to §720 to remove any possible

ambiguity, in response to requests by several commenters.

Comment 6e : CSPA recommends that the Department consider a reasonable technical amendment to §§

721.1(l) and 735.2 clarifying which product are included in an Alternative Control Plan. (1

– Before granting an ACP, CARB carefully weighs the environmental benefits against

the environmental deficits. 2

– As currently drafted, the Depa rtment’s proposed ACP provision may have the unintended effect of limiting the environmental benefits.) See discussion and suggested revision.

Response 6e : See Response 3c. The requested changes to §§ 721.1(l) and 735.2 have been made.

Also, note that § 735.3 already allows manufacturers granted an ACP in California (e.g. regardless of limits in the Table of Standards) to apply to the Department for an ACP Agreement.

The Department has revised the ACP requirements as suggested to clarify which ACP products within a CARB ACP Agreement must be contained in the Table of Standards. The intended effect is to ensure that a manufacturer with an approved ACP in California

tha t may include one or more products not regulated in the District, but which is still producing a net environmental benefit, would not inadvertently be denied an ACP in the

District.

Comment 6f

: CSPA recommends that the Department co nsider eliminating §§ 7 27 and 728 since the proposed regulatory action will produce minimal, if any, reductions in VOC emissions. (These sections were considered “optional” provisions of the OTC model rule.) Two of the three chemical compounds of concern (methylene chloride an d perchloroethylene) are exempted from the definition of “VOCs”, since these compounds have very low photochemical reactivity.

Response 6f

: The Department anticipates stricter ozone standards in the future, and does not agree that banning the use of such products containing methylene chloride, perchloroethylene, or trichloroethylene is unwarranted. As noted by the commenter, nine states have promulgated final OTC

- based regulations that include the “optional” prohibition in the same seven consumer product categories. Please note there is a sell

- through period for all seven categories.

Comment 6g : In the alternative, if the Department retains the restrictions in the final rule, the

Department should revise §§ 727 and 728 to be consistent with parallel prov isions in the OTC model rule and final regulations promulgated by OTC states. (1

– The Department

4 http://www.dsd.state.md.us/comar/comarhtml/26/26.11.32.04.htmshould cite the effective date of the prohibitions contained in §727.1. 2

– While three states impose no sell

- through limit, the OTC Model Rule and final re gulations promulgated by five states provide a three

- year sell

- through period). See discussion and suggested revisions.

Response 6g : 1

– The effective date listed in the OTC Model Rule was January 1, 2009. The

Department’s regulation will not go into e ffect until much later, so companies have had adequate time to anticipate potential regulation, effective upon promulgation. Nonetheless, the wording “effective March 1, 2011” has been added to §727.1.

2

– The current sell

- through dates in the proposed a mendment (e.g. in §§ 727.2, 727.3, 728.2, and 728.3, as of January 1, 2012; in §§ 727.3(b) and 728.3(b), as of June 30, 2011) are consistent with the dates in the OTC Model Rule and in the neighboring state of Maryland, so the Department does not believe it is necessary to extend the sell

- through period another three years. The commenter acknowledges that the current sell

- through date was included in the text of the Department’s 2007 proposed regulation. (At the time,

the sell

- through p eriod was three years. That does not require that the sell

- through period continue to be three years.)

Comment 6h : The Department should provide a more reasonable amount of time for companies to

comply with the requirements of § 732.7. The suggested revi sion limits only a company’s duty to provide an explanation of the date

- code, and will not change the requirement for companies to comply with the applicable VOC limits on March 1, 2011. See suggested

revision.

Response 6h : See Response 3d. The suggeste d revision to §732.7 has been made.

Comment 6i : CSPA urges the Department to clarify that this requirement applies only to manufacturers

that have not previously filed an explanation of their date

- codes.

Response 6i : See Response 3e. A revision to §732. 7 has been made.

Comment 6j : The Department needs to make a technical correction to the effective date for FIFRA

regulated products in §§ 732.11 and 732.12. See suggested revision.

Response 6j : The Department agrees that this technical error was inadver tent and that a correction is

necessary to maintain consistency with §722.1; the suggested revisions to §§ 732.11 and 732.12 have been made. See Response 9a.

7. Heidi McAuliffe, American Coatings Association (ACA), September 13

Comment 7a : Consumer products

– DDOE should incorporate the sell

- through language from the OTC

model rule for consumer products. (When the OTC revised the Model Rule in 2006, they clarified the intent of the language in § 719.1 and how that language interfaces with the

date

- co de requirement.)

Response 7a : See Responses 3b and 6d. Sections 720.2 and 720.3 have been added to address this

comment made by several commenters.

Comment 7b : Consumer products

– The sell

- through period for contact adhesives (§727.2) and

adhesive re movers (§728.2) should be consistent with the OTC Model Rule’s sell

-through period. Nowhere in the Model Rule is there any type of sell

- through that is less than one year. ACA urges DDOE to re

- evaluate the issue and use the proposed option in

the OTC Mod el Rule as a basis for new language. See suggested options.

Response 7b : See Response s 6f and 6g. The Department believes these sell

- through dates are reasonable, particularly since Maryland 5 and other states in the region have adopted the

same sell

- thr ough date. Being in the same nonattainment area, it would not be beneficial

for the District to have a different sell

- through date. Although the sell

- through will be for less than one year by the time the rule is in effect, the final sell

- through date wa s in the model rule, and was included in the Department’s proposed regulation.

Comment 7c : Consumer products

– In §732.7, a djust the date that the date

- code report is required to be

submitted. ACA recommends that such a submittal be provided to DDOE within six

months after the effective date or after the rule becomes final.

Response 7c : See Responses 3d and 6h.

Comment 7d

: Adhesives and sealants

– There are several entries in the Table (§744.2) that are not in
the OTC Model Rule but are in EPA’s CT G. There is some concern that there has not been sufficient opportunity to discuss the definitions of these categories and proposed

limits.

Response 7d : The Department chose to incorporate the CTG limits, which have been through EPA

public notice and com

ment. (See 73 Fed. Reg. 40230 for the public notice; EPA

- HQ

OAR

- 2008

- 0460

- 0036 of the docket for a response to comments.) Definitions have been added to §799 or adjusted to accommodate the CTG. The Department anticipates that the OTC will likely discuss these limits and definitions in a future rulemaking, and will consider revising the regulation as necessary when a future model rule becomes

available.

Comment 7e : I n the Table in §744.2, i t appears there may be a typographical error in the VOC limit for plastic cement welding adhesives . In the OTC Model Rule and the CTG, the limit is 510 grams per liter. In the proposed regulation, it’s 500.

Response 7e : The VOC limit for plastic cement welding adhesives was not a typographical error, but

the Departme nt now agrees that a limit of 510 gram per liter for the category is reasonable, so the suggested change to the Table in §744.2 has been made.

During internal review, it was noted that the OTC term “plastic cement welding

adhesive” means the same as the C TG term “plastic solvent welding adhesive.” In the table, references to “plastic solvent welding” were changed to “plastic cement welding.” In the adhesives section of the table (Category 1), four types of plastic cement/solvent welding adhesives are men tioned: ABS welding, CPVC welding, PVC welding, and “other plastic cement/solvent welding”. The limits for ABS, CPVC, and PVC welding were maintained. The “other plastic cement/solvent welding” category was replaced with “plastic cement welding (except ABS, CPVC, and PVC)”. The Department initially proposed 500 for plastic cement welding (except ABS, CPVC, and PVC) to offset the

490 limit for CPVC and the 510 limit for PVC.

5 Contact adhesives: http://www.dsd.state.md.us/comar/comarhtml/26/26.11.32.08.htm ; adhesive removers: http://www.dsd.state.md.us/comar/comarhtml/26/ 26.11.32.09.htm8. David Kaczka, Bureau of Engraving and Printing (BEP), September 13

Comment 8a : Is § 710.5(e) [§716.11(b) after recodification] intended to apply to non

- heatset offset lithography?

Response 8a : Yes, the clarification has been made to § 710.5(e) [§716.11(b) after recodification]

.

Comment 8b : Is § 710.9(b) [§716.5(a) after recodificat ion] intended to apply to specific non

- heatset

offset lithography printing methods, or to all non

- heatset printing methods? If it is just specific methods, these should be added.

Response 8b : The intent is for §710.9(b) [§716.5(a) after recodification] t o apply to non

- heatset offset

lithography printing methods. The clarification has been made to § 710.9(b) [§716.5(a)]

.

Comment 8c : Section 710.12 [§716.14 after recodification] appears to be inconsistent with and

potentially in co nflict with §716.10 [§7 16.16 after recodification]. Section 710.12 [§716.14] effectively require s controls for all heatset ovens (at a facility to which § 710.1(a) or (b) applies). Sections 716.10 through 716.14 [§§ 716.16 through 716.20 after recodification] apply to heatset web offset lithography or heatset web letterpress printing operations with a theoretical PTE of more than 25 tons per year of VOC before controls; the sections could arguably be considered less stringent than §710.12 [§716.14].

R efer to BEP recommendatio ns to include a de minimis threshold for controls in §710.12 [§716.14]

.

Response 8c : Aside from the part referring to §716, § 710.12 [§716.14 after recodification] retains

existing provisions. Note that §710.13 [§716.15] provides alternatives to complying with §710.12 [§716.14].

The Department believes that §710.12 [§716.14] was intended to apply to major sources only, as suggested by the applicability section in § 710.1(a) (see preamble for an explanation). The Department interprets “any heatset oven” to mean any dryer at a heatset web offset lithography or heatset web letterpress printing operation. To respond
to one of the commenter’s follow

- up questions, in other words, §710.12 [§716.14] is not intended to apply to dryers at smaller heatset intaglio p rinting operations.

[NOTE: The recodified §716.14 is kept separate from §716.16(a) because §716.14 only applies to dryers at BEP, while §716.11 applies to inks at BEP. Section 716.16 applies to both dryers and inks.]

Comment 8d

: Section 716 .5(a) [§716. 6 after recodification] for non

- heatset and coldset web printing is unclear. BEP recommends modifying the text to make it similar to that found in § 716.5(b)(3) [§716.6]. They would like an alternative option “to achieve an equivalent

level of control” fo r fountain or dampening solutions used in non

- heatset or coldset web printing, in case in the future they decide to operate such a press with an alcohol

substitute that does not contain VOCs

.

Response 8d : The current dampening and fountain solution option s in §716.5 [§716.6 after

recodification], are those suggested by EPA in the Offset Lithography and Letterpress Printing CTG (page 15). But, the Department does not see harm in adding an option toachieve an equivalent level of control to § 716.5(a) [§716.6] . The suggested revision has

been made.

9. Chris Cripps, U.S. Environmental Protection Agency, Region 3, September 13

Comment 9a : The one major comment has to do with proposed §§ 732.11 and 732.12. Now that

January 1, 2010, is in the past (it was not during EPA ’s review of the draft), the proposed regulation would be retroactively applicable. EPA believe s the Department needs to look long and hard at its authorization if any to promulgate a retroactive rule. A retroactive rule could impair or impede EPA’s ability to approve the rule into the SIP if the Department lacks express authorization.

Response 9a: See Response 6j. The Department has noted the error and has changed the “ January 1,

2010” to “March 1, 2012.”

Comment 9b : In § 732.13(c), a cross citation is made to § 732.12. Please note comments and check for

proper citation.

Response 9b : Agreed; the reference to §732.12 has been changed to §732.13(a).

Comment 9c : In § 735.10(e), a cross citation is made to § 735.17. Please note comments and check for

proper citation.

Response 9c : The Department intended to adopt the OTC Model Rule as written, which does refer to

§735.17. The coinciding section of the OTC Model Rule, h owever, is prefaced with a title that this proposed regulation does not include: “Cancellation of an ACP.”

Based on our reading, §735.10(e) refers to three situations: the expiration or trade of surplus reductions or the cancellation of the ACP. It d oes not solely refer to the cancellation of the ACP. All three situations are addressed in §735.17. Minor adjustments have been made to §735.10(e) to clarify this intent.

Comment 9d

: In § 735.11(b)(4), cross citations are made to §§ 735.4(g)(3) and 735.4 (g)(4). Please note comments and check for proper citation.

Response 9d : The OTC Model Rule reference to section 11(c)(1)(vii)(d) is equivalent to §735.4(g)(4)

and (5). Changes have been made to reflect the intended reference.

Comment 9e : To be consist ent with other provisions, § 744.4 could be prefaced, as suggested.

Response 9e : In §744.4, the Department accurately adopted the language of the OTC Model Rule.

Nonetheless, the preface, “Except as provided in §§ 744.5 and 745 ” has been added. Adding “a nd §745” was not suggested by the commenter, but this approach is consistent with that in §744.2. The Department agrees that §744.5 refers to both §§ 744.2 and 744.4. Section 745 lists additional exemptions for both surface preparation and cleanup

solven ts, and adhesives and sealants and their primers. So, adding the entire preface is appropriate.

Comment 9f

: Likewise, § 744.5 should include “surface preparation” and “cleanup solvents” in its listing of standards, as suggested.Response 9f : The Department understands the point, but is not convinced that the suggested change would continue to reflect the intent of the OTC Model Rule, so would prefer to keep the section as written. Section 744.5 provides the option to use add

- on equipment to contr ol the use of adhesives, sealants, adhesive primers, and sealant primers. It does not state
that add

- on equipment can be used with surface preparation and cleanup solvents; it only implies that the provisions of § 744.4 can be met by using add

- on controls.

Comment 9g : Section 745.4 provides for a “use” exclusion from the provisions of §§ 744.1 and 744.4,

but the prohibition in § 744.1 is not a “use” provision. See suggested revision.

Response 9g : The Department accurately adopted the language of the OTC Model Rule, but agrees

with EPA’s comment. As suggested, the Department has changed the reference to §744.1 to §744 .2

.

Comment 9h : Section 765.3 sets emission control requirements “in addition to the requirements of

§ 765.1.” Please note comments and see suggested citation revision.

Response 9h : Agreed; the Department has changed the reference from §765.1 to §765.2.

Comment 9i : The third sentence of § 778.2 should make a provision to clearly not preclude the use of

methods identified in § 778.5(h). Note comment and see suggested revision.

Response 9i: The Department added language to § 778.2 to more directly reflect the language of the

OTC Model Rule (i.e. to refer to §§ 77 8.5(j) and 778.5(h)( 3), where SCAQMD Methods are adopted by reference). There is no clear need to reference all of § 778.5(h) in § 778.2, since parts (1) and (2) of § 778.5(h) incorporate BAAQMD Methods by reference, and BAAQMD Methods are not referred to in § 778.2.

Comment 9j : The first sentence of § 778.5 ought to be amended. Note comment and see suggested

revision.

Response 9j : The Department added language to more directly reflect the language of the OTC Model

Rule, and to clarify that test methods in §778.5 shall be used to test coatings subject to the provisions of the entire AIM rule (§§ 773 to 778), not just “this section.”

Comment 9k : Note comments about several cross citations in the definitions ( § 799) and see suggested

revisions.

Response 9k : a. Coatings

– both definitions are very similar, so instead of prefacing one with the

suggested revision, one of the two definitions has been deleted. Formatting has

been fixed as well.

b. The suggested revision to the definition for “exempt compound” has been made.

c. ASTM methods are mentioned in §773.2, but are incorporated by reference more directly in §778.5. Citations have been changed to §778.5 in the following

definitions: fire

- resistive coating; fire

- retardant coating; flat coating; pre

treatment wash primer; and specialty primer, sealer, and undercoater. Citations to §778.5 have been added to the following definitions: non

- flat coating, non

- flat high gloss coating, quick

- dry enamel, quick

- dry primer sealer and undercoater

.d. See Response 9k(c).20 DC MR Chapter 7, Proposed VOC Regulations

C OMMENT P ERIOD : A UGUST 13, 2010, TO S EPTEMBER 13, 2010

(A S OF M

ARCH 7, 2011)

Printing and Graphics Association Mid

- Atlantic (PGAMA), October 26 Comments/Response

Comment 1: The commenter acknowledges changes made to §§ 710 and 716.

Response 1: N/A

Comment 2: (Similar to Comments 4q and 4r in the 10/2010 Response to Comments (RTC)

document.)

If DDOE has no intention of making § 715 specific to any industry , then EPA

- approved capture efficiency and reten tion factors specific to the printing industry should be

included in a new §716.26, as suggested. The appropriate factors need to be formalized in the rule to save administrative time and costs for DDOE and the printing indust ry.

In addition, guidance should be inc luded that recognizes EPA’s guidance on how to calculate actual and potential emissions.

Response 2: The Department would prefer to evaluate proposed methodologies for calculating

potential and actual emissions on a case

- by

- case basis during the permitting process, so will not adopt the proposed §716.26. The suggested EPA guidance will be mentioned in the preamble to the rule, but the Department may not adopt the suggested methodologies when they are deemed unfit in a particular situation.

The methodology for determining theoretical PTE, proposed as §716.26(a), is an alternative to the methodology in §715.1. As it is currently proposed (i.e. after Response 3(b) is in effect), §716.1(a) refers to the methodology i n §715.1, as it did prior to the recent amendments. However, the Department would consider any calculations based on EPA guidance presented to it.

The retention factors and capture efficiencies presented as §716.26(b) through (d) for determining actual e missions do not address what happens to VOC over time. For example, inks used to print money may continue to release VOC after production. Again, the Department would consider any calculations or methodologies based on EPA guidance presented to it. Eval uating them on a case

- by

- case basis would allow the Department to consider all factors relevant to a specific source at the time of review.

Comment 3: Despite edits, § 716.1(a) is still confusing. See suggested revisions.

a. If emissions are based on the pr inting operation , it is unclear why the section requires calculation of the source ’s theoretical PTE.

b. The section should refer to the method of calculating theoretical PTE emissions

in § 715 .1

.

c. The previous requirement was based on a threshold of 25 tpy t heoretical PTE, and the current requirements are based on a threshold of 3 tpy actual emissions. Sincethe current requirement is more stringent, DDOE should indicate that (a) applies prior to

March 2011.

Response 3: a. As noted in Response 4s of the 10/ 2010 RTC document, the Department intends

for § 716.1(a) to apply to any printing operation (i.e. the press and its associated

processes ) that meets the description and threshold

. A printing operation includes the plant and the individual pieces of equipme nt, plus each operation used in connection with printing. However, a printing operation may be part of a larger source. The Department would like to clarify but maintain the original intent of the section: if a stationary source is major, then any printi

ng operation that is part of that source is also major, even if that printing operation alone does not emit VOCs in amounts that exceed the threshold. The suggested clarification was not adopted. Instead, the term “that is part of any source”

was added b ack to the section, and the term “stationary” was added to that phrase.

The term “stationary source” is defined in §199 as, “a building, structure, facility, installation, or group of buildings, structures, facilities or installations that emits or may emit any air pollutant subject to regulation under the federal Clean Air Act or this Title.”

b. In §716.1(a), r eference to § 715.1, more specifically, has been added.

c. In light of clarifications made in Response 3a, t he suggestion that theoretical PT E requirements exist only “prior to March 1, 2011” is not correct. Any printing operation that is part of a major stationary source must comply with the requirements of §716.

Comment 4: As stated in the previous PGAMA letter (Comment 4t in the 10/2010 RTC document),

the 15 lb/day threshold in § 716.1(b) and (c) is technically and econ omically burdensome
to small printing operations. PGAMA requests the equivalent threshol d of 3 tons per 12

- month rolling period, an option contained in the 2006 CTG, be used in this rule. Note that the p reviously existing RACT rule was based on an annual PTE, therefore, t he 12

- month rolling period is equally valid.

Response 4: The CTG gives States the option of choosing an applicability level “that they determine

[is] appropriate considering the facts and circumstances of the sources in their particular nonattainment areas.” The 15 lb/day applicability limit for actual VOC emissions is used throughout the Department ’s VOC regulation, not just in § 716. It would be inc onsistent to change the requirement for printing operations subject to § 716.

Response 4t in the 10/2010 RTC document notes that the Department’s main concern is emissions during ozone season. The goal of this section is to avoid the potential situation

w here a source or printing operation emits VOCs during one month of a year, and closes the rest of the year. This is difficult to check with a yearly threshold.

PGAMA has expressed concern that a daily standard would require daily recordkeeping. Daily calculations would be inaccurate, since materials are generally ordered in bulk and used over periods of time.

The Department acknowledges that § 716.1(b) and (c) state that 15 lb /day “or an equivalent level” are acceptable. According to the CTG, an equ ivalent applicability level would be 450 lb/month (15 lb/day * 30 days), or 3 tons on a 12

- month rolling basis (450 lb/month * 12 mo/year * 1 ton/2000 lbs = 2.7 tons/year). The emissions levels in the

CTG are based on averages.T he record keeping provisio n in § 716.25 does not specifically state that the daily standard requires daily recordkeeping , although records must “clearly demonstrate” compliance in a time frame “consistent with the averaging period of the standard.” To clarify this intent, in §§716. 1(b) and (c), the Department has replaced the phrase “or at an equivalent level” with “on a monthly average basis.” It would be acceptable to record monthly emissions or material use levels to derive a daily estimate that meets the daily threshold (e.g. t o gather monthly records and divide by the number of days per month, instead of going through the trouble of obtaining daily records). Monthly record

- keeping would allow for a more accurate estimation of monthly or ozone season emissions than yearly

avera ges.

Comment 5: It is essential that § 716.3 state that l ithographic coatings are not regulated elsewhere, since they are not specifically regulated in §716. See suggested revision.

Response 5: The commenter has a point; although the intent of the regul a tion was discussed in

Response 4u of the 10/2010 RTC document, lithographic coatings and varnishes are not

“specifically controlled by the requirements of this Section” or by the definition of “printing operation” in § 199.

As suggested, to further clarify the intent of the regulation, the definition of “printing operation” in § 199 has been revised and subsequently moved to § 799 to apply more specifically to VOC emissions.

Comment 6: Section 716.6(a) was changed in a way t hat makes it redundant. Se e suggested revision.

Response 6 : The suggested revision has been made.

Comment 7: The 30 percent limit in § 716.8(a) should be deleted. It was based on a limit proposed in a

1993 draft CTG. Materials that meet that limit were tested but were deemed ine ffective, so are not being used by the industry. The 2006 CTG did not include this limit. The suggested changes would create a level of control equal to the previous limit.

Response 7: As noted by the commenter, in the 2006 CTG, EPA suggests that “water

- miscible

cleaning materials with less than 30 weight percent VOC were developed and tested for offset lithographic printing in the early 1990’s...[but] did not provide adequate performance and therefore they are not being used by the offset lithographic pri nting industry today.”

Even though the 30 percent limit has been in the rule for years and is in the SIP, the Department does not believe that removal of the 30 percent requirement would constitute backsliding if facilities realistically cannot meet the requirement. Section 716.8(a) has been revised to delete option 1, but retain option 2. Major sources are still required to meet the composite vapor pressure requirement in part (a). Operations that emit over 15 lb/day VOC on a monthly average basis may comply with either the 70 percent limit or the vapor pressure requirement.

Comment 8: If the Department agrees to the suggested changes in § 716.8, reference to part (b) in

§ 716.10 needs to be edited.

Response 8: The Department is retaining part (b) in § 716.8

.Comment 9: The suggested clarifications about con tinuous monitoring should be made to § 716.20: (1) while continuous temperature monitorin g of a unit in operation is required,

continuou s monitoring of the negative air pressure flow into the dry er is n ot; and (2) temperature data recordings can take place every 15 minutes.

Response 9: The suggested revisions appear to clarify inherent requirements of the CTG and related

technical documents

.

According to the June 2007 TSD for Title V Permittin g of Printing Facilities ( www.epa.gov/ttncaaa1/t5/memoranda/tsd.pdf , page 53), referred to in the CTG, temperature monitoring devices are required to, “collect at least 4 evenly

- spaced
temperat ure readings per hour of process operation in order to have a valid hour of data.” The request to clarify that temperature recordings take place “every 15 minutes” has been granted.

The same TSD document (page D

- 23) suggests that the dryer system and air flow are integral to press design. A press will not operate correctly if dryer airflow is not above a level specified by the manufacturer. According to the CTG for lithographic and letterpress printing (page 19), EPA does not recommend conducting a captu re efficiency test because as long as the dryer is operated at negative pressure (in other words, is working properly), it can be assumed that the capture efficiency is 100 percent. These documents verify that continuous monitoring of dryer airflow is not required . Please disregard the part of Response 4z in the 10/2010 RTC document that states that “only major sources are required to monitor continuously.” If a recorder breaks, it is possible to go into manual mode. But, the Department would prefer to ensure that the equipment is functioning properly. Instead of using the suggested language, the following phrase

has been added : “pursuant to a periodic monitoring strategy approved by the Department.”

Comment 10: In §716.25, the commenter acknowledges that the regulation includes the option to

determine applicability by using material use thresholds approved by EPA. To further aid small operations, PGAMA requests that the DDOE include the suggested specific

material use thresholds to demonstrate that emissions are below the applicability threshold. As an alternative, PGAMA requests that a formal guidance document be issued by the DDOE, approving the suggested thresholds.

Response 10: As mentioned in Response 4bb in the 10/2010 RTC document and refe rred to in

Responses 2 above, the Department does allow the use of material use thresholds to determine applicability, but prefers to evaluate calculations on a case

- by

- case basis

. The suggested EPA guidance is mentioned in the preamble to the proposed ru le, but the Department may choose to not adopt the suggested methodologies when they are deemed unfit in a particular situation.

Comment 11: PGAMA offered definitions and revisions to definitions to facilitate the understanding of

this rule.

Response 11: PGAMA’s comment encouraged the Department to examine the use and placement of

numerous printing

- related definitions in both §199 and §799.The definition for “wipe cleaning” in §199 has been repealed , since it is no longer used anywhere in Subtitle A.

Some definitions that occurred in § 199 have been repealed and added to § 799, since § 799 is a more appropriate location for them:

- Control technique guideline;

- Cylinder

- wipe ;

- Heatset;

- Inking cylinder;

- Intaglio;

- Letterpress ;

- Letterset;

- Offset printing process;

- Paper

- wipe;

- Photochemically reactive solvent;

- Plate;

- Printing;

- Printing operation;

- Printing unit;

- Water

- based solvent;

- Wiping solution.

The following definition s have been added to or revised in § 799 based on comments :

- A lcohol ;

- Alcohol substitute s;

- C leaning solution ;

- F ountain solution ;

- Fountain solution r e s ervoir;

- Heatset;

- Heatset dryer;

- Lithography;

- Non

- heatset;

- Printing operation;

- Sheet

- fed;

- VOC composite partial vapor pressure

.

The definition of “offset” was not adopted, but instead was incorporated into the existing definition of “offset printing operation.” Likewise, the proposed definition of “press” was incorporated into the existing definition of “printing press.” The term “unit” was not adopted because there is similar existing te rm, “printing unit.”

The following definitions in §199 could not be repealed or moved to §799 because they are currently referred to in Appendix 5

- 1 only:

- Dampening solution;

- Flexography;

- Gravure;

- Ink;

- Offset lithography

The definition for “volatile orga nic compound” in §799, which references the Federal definition of the term, was repealed and moved to replace the definition in §199.20 DCMR C HAPTER 7: Proposed VOC Regulations

COMMENT PERIOD: A UGUST 12, 2011, TO S EPTEMBER 12, 2011

Response to Comments* (As of September 2011)

* Please note that some of the comments in this document are paraphrased

1. Daniel B. Pourreau, Ph.D., Lyondell Chemical Company, August 18

2. Daniel B. Pourreau, Ph.D., Lyondell Chemical Company, September 9

Comm ent a: The Lyondell Chemical Company supports the language of the third VOC

proposed rulemaking, and the changes to the VOC definition in particular.

Comment b: Lyondell Chemical Company supports the proposed revision to the VOC

definition in §199. This change harmonizes the District’s VOC definition with the federal definition and that of 49 other states, including the 13

OTC states.

Response a, b: Thank you for the comment s

.

3. John Ferraro, Roof Coatings Manufacturers Association

Comment c: RCMA agrees with ACA’s suggestion [see #5, comment f] that

manufacturers should be allowed 180 days to respond to the information requested in the reporting requirements under §§ 777.1 through 777.6.

Response c: See Response f.

Comment d: RCMA also agrees with ACA’s suggestion [see #5, comment i] that

exemptions under § 775.1 should be applied to both architectural and industrial maintenance coatings.

Response d: See Response i.

4. John Hopewell, American Coatings Association, September 12

Comment e: On page 4 of the proposal, it states [that the request to change emission

limits for several pleasure craft coatings products] was denied. The ACA strongly urges the District to follow the Georgia Environmental Protection Department (GA EPD), w hich will make a negative declaration in the SIP with response to the Pleasure Craft CTG (EPA Miscellaneous Metal and Plastic Parts CTG, Sept. 2008). The GA EPD acknowledged ACA comments and noted the uncertainty of the technological feasibility in the pl easure craft CTG and, additionally, found that since there were no affected sources in the nonattainment area, there was no need to adopt the

CTG.Re sponse e: The Miscellaneous Metal and Plastic Parts CTG applies to pleasure craft,

but also to other meta l and plastic components of the following types of products and the products themselves : fabricated metal products, molded plastic parts, small and large farm machinery, commercial and industrial machinery and equipment, automotive or transportation equipm ent, interior or exterior automotive parts, construction equipment, motor

vehicle a ccessories, bicycles and sporting goo ds, toys, recreational

vehicles , extruded aluminum structural components, railroad cars, heavier
vehicles, lawn and garden equipment, bu siness machines, laboratory and medical equipment, electronic equipment, steel drums, metal pipes, and numerous other industrial and household products . The D epartment does not plan to submit a negative declaration for the CTG.

Since the Department remai ns unaware of pleasure craft coatings activity in the District, and since pleasure craft coatings limits are not specifically delineated through the “blanket” adoption of the CTG, it would be burdensome to revise limits specific to the pleasure craft indus try at this time. The Department appreciates the comment, recognizes that feasibility of the technology requirements in the pleasure craft CTG is uncertain, and welcomes any source that may be applicable in the future to propose an alternative compliance option, in accordance with §§ 714.4 or

714.6.

5. David Darling, P.E., American Coatings Association, September 12, 2011

Comment f: ACA suggests allowing a coatings manufacturer 180 days to respond to a

request under §§ 777.1 to 777.6, consistent with other State AIM rules.

Response f: Under §§ 777.1 through 777.6, the Department requires a report “upon

request”. Since there is no specific time provided for a response , the Department is not opposed to working with the manufacturer to determine

what a reasonable amount of time would be when requesting a report

.

Comment g: ACA supports the proposed revision to §700.1.

ACA is concerned that the proposed §708.1 requirement would apply to all sources including AIM coatings. Even if compliant AIM co atings are used, it’s possible that a large painting project could result in a discharge of nonphotochemically reactive solvents; as such, ACA suggests including language.

Response g: The suggested clarification, which retains the intent of the existing

regulation, has been added in §708.1.Comment h: Consistent with other AIM rules, ACA suggests including high gloss coatings in §774.7.

Response h: The suggested changes are unnecessary because a “non

- flat high gloss

coating” is a type of non

- flat coat ing, and non

- flat coatings are addressed in §774.7. The proposed language already addresses non

- flat high gloss coatings.

Comment i: Consistent with other AIM rules, ACA suggests the exemptions in §775.1

( for §§ 773 through 778) apply to both architectu ral and industrial maintenance coatings.

Response i: The suggested changes are unnecessary because an “industrial

maintenance coating” is a type of architectural coating, and architectural coatings are addressed in §775.1. The proposed language already applies the exemptions to both architectural and industrial maintenance coatings.

Comment j, k: ACA suggests changes to §778.2 to include more recent test methods for

exempt solvents, and edits to §778.5.

Response j, k: Note that §778.3 allows for the use of alternative test methods when a

request to use an alterative test is made and then approved. The suggested changes have not been made to § § 778. 2 or 778.5.

Comment l: ACA suggests that combining all of the definiti ons from all of the rules in

§700 is confusing and makes the rule unnecessarily complex, especially in cases where the definitions could potentially overlap. ACA suggests including definitions specific to each rule within the actual rule (including

all AI M definitions within the AIM rule).

Note that the definition for “exempt compound” refers to the definition of “VOC”, but VOC is not defined in Section 799.

Response l: The D istrict’s standard rulemaking procedure is to place definitions at the

end of chapters.

Definitions of terms that apply to more than one Chapter can be found in Chapter 1. For example, “VOC” is defined in § 199. Note the proposed revision to the definition of VOC on page 5 of the third proposed rulemaking.

Comment m: Many of the test methods in §799 refer to dated ASTM Methods. ACA

suggests the District utilize the more up

- to

- date ASTM Methods cited in the most recent OTC AIM Model Rule that was adopted on June 3, 2010.

Also, see the suggested change to the definition of “architectural coating”.Response m: The clarifying revision to the definition of “architectural coating” has been

made.

It is unnecessary to revise the definitions in §799 because §778.3 allows for the use of alternative test methods when a request t o use an alternative test method is made and approved.

The rulemaking to adopt the 2002/2006 OTC model rules was first proposed in 2007. The OTC model rule that the commenter refers to as “adopted on June 3, 2010,” is still in draft form. ( On June 3, 2010, OTC member States signed an MOU to continue to work with interested stakeholders and pursue state

- specific rulemakings to reduce emissions from the AIM coatings sector, among others, but the revised AIM rule has

not been finalized. ) The Department w ill consider adopting updates only

when both this proposed VOC rulemaking , which adopts older model rules, and the revised OTC AIM Model R ule are final.

Comment n: As ACA described in our comment letter dated January 5, 2011, cleaning

solvents that meet the stringent content limit of 50 g/L and/or a composite vapor pressure of less than or equal to 8 mm Hg would not allow effective cleaning at coatings, inks, adhesive and resin manufacturing operations. ACA recommends that the District exempt coatings, i nks, adhesives and resin manufacturing operations from §700 or adopt the “Wisconsin Language” solvent cleaning provisions, as included.

Response n: The Department remains unaware of coatings, inks, adhesives, and resin

manufacturing operations in the Dis trict.

If such an operation does come to the District and is unable to comply with the limits in §770.5(a) or §770.5(b), note that it would be possible to propose alternative RACT under §715.

The Department anticipates revisiting the commenter’s concerns during adoption of the 2009/2010 OTC model rules.

6. Marcia Y. Kinter, Specialty Graphic Imaging Association, September 12

Comment o: Under §770.9, the commenter requests that cleaning operations associated

with digital printing operations be exe mpted. The Miscellaneous Industrial Solvent Cleaning Operations CTG does not identify digital printing as meeting the applicability requirements. When the CTG was released in 2006, EPA did not address emerging industry sectors. In the CTG, EPA states th at, “the recommendations contained in this CTG are based on data and information currently available to EPA. These generalrecommendations may not apply to a particular situation based upon the circumstances of a specific source.”

Since 2006, digital tec hnologies have been included in both solvent cleaning and graphic arts air pollution control standards in California. So that the burgeoning technology is not crippled, SGIA recommends that digital operations be exempted from the state’s proposed regulati ons for cleaning solvents.

Response o: If the CTG adopted in §770 is applicable to the digital technologies

industry, and if such an operation does come to the District and is unable to comply with §770, note that it would be possible to propose alternati ve RACT under §715.

7. Heidi K. McAuliffe, American Coatings Association, September 12, 2011

Comment p: The standards in §744.1 and §744.2 must work together

– the standards

should apply to those products manufactured after January 1, 2012, and

the use and application should also be tied to products manufactured after January 1, 2012. See the suggested language. Without this language, users and applicators may find themselves out of compliance and feel compelled to dispose of this product, creating unnece ssary waste and

emissions.

Response p: The suggested clarification (i.e., changing the placement of the applicable

date) has been made.

Comment q: The proposed rule indicates that the DDOE is proposing a sell

- through

period for contact adhesives and a dhesive removers that contain chlorinated compounds that is less than one year. Such a provision is in

direct contrast with the OTC Model Rule.

This is not a new comment. The previous response that the sell

- through date was in the model rule, and was included in the proposed regulation has very little impact on multinational companies when they are distributing products in the marketplace.

The OTC Model Rule provides for two options to employ when considering the sell

- through period, and nowhere is there any type of sell

through that is less than one year. A nine

- month sell

- through is basically

no sell

- through at all. ACA urges DDOE to re

- evaluate the issue.

Response q: The Department first proposed this rulemaking, which adopts 2002/2006

OTC model rules, in 2007. The second proposed rulemaking with these same standards was published in 2010. Thus, the regulated industry has had adequate notice about the implementation of lower VOC standards.The Department urges any retail establishments w ith products remaining on their shelves to transfer the products to jurisdictions in areas in

attainment of EPA ozone standards.

As an alternative, any person who cannot comply with the Consumer Products requirements may request a variance under §737.

8. Joseph Yost, Consumer Specialty Products Association, September 12

Comment r: CSPA supports the majority of amendments that the Department included

in the third proposed rulemaking.

Response r: Thank you for the comment.

Comment s: There is a legiti mate need to formulate low

- flammable general purpose

degreaser products. There are limited situations when the use of perchloroethylene, methylene chloride, or trichloroethylene (i.e. chlorinated compounds) is necessary to produce low

- flammability general purpose degreaser products that can be used by facilities’ maintenance operations in which ignition sources may be present. There is a workplace safety concern that a spark from such ignition sources could cause a fire if

it comes into contact with flamm able vapors. Therefore, CSPA recommends that the Department withdraw the restrictions on general purpose degreasers in §727 of the final regulation.

Response s: Any person who cannot comply with the Consumer Products requirements

may request a variance u nder §737.

Comment t: CSPA urges the Department to provide a more adequate amount of time

for manufacturers and retailers to comply with the prohibitions and requirements set forth as §§ 727 and 728 to ensure that existing stock of

non

- compliant products are removed from store shelves in the District of

Columbia.

The Department should provide a more adequate effective date for the new prohibitions.

The Department should provide a three

- year sell

- through period for products manufactured before the effective date for the new prohibition. See the suggested text.

Response t: Please refer to Response q.

# Additional Notes

On March 24, 2011, a negative declaration was submitted to EPA for the following categories of sources of volatile organic compounds (VOCs) for which EPA issued a control technique guideline (CTG) document in calendar years 2006, 2007 and 2008:

Auto and light

- duty truck assembly coatings; Fiberglass boat manufactur ing materials; Paper, film and foil coatings; and Flatwood paneling.

This negative declaration was submitted to fulfill the requirement that, in the absence of sources in these source categories, the District of Columbia revise its State Implementation P l an (SIP) or submit a negative declaration for these categories pursuant to Section 182(b)(2)(A) of the Clean

Air Act.