1 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION III

1650 Arch Street Philadelphia, Pennsylvania 19103

DATE: September 29, 2011

SUBJECT: Technical Support Document for Virginia‟s Regulations for the Control of

Volatile Organic Compounds from Consumer and Commercial Products

FROM: Gregory Becoat, Environmental Scientist /s/

Office of Air Program Planning

TO: File

THRU: Cristina Fernandez, Associate Director /s/

Office of Air Program Planning

A. BACKGROUND

On March 18, 2010, the Virginia Department of Envi ronmental Quality (VADEQ)

submitted a revision to the Virginia State Implementation Plan (SIP ) . The SIP revision

adds a new chapter (9VAC5

- 45

– Consumer and Commercial Products) in order to

control volatile organic compounds (VOC) from portable fuel conta iners, consumer products, architectural and industrial (AIM) coatings, adhesives and sealants, and asphalt paving operations within the Northern Virginia and Fredericksburg VOC Emissions

Control Areas. The SIP revision also includes new and revised docume nts incorporated into the Virginia regulation by reference (9VAC5

- 20

- 21

– Documents incorporated by reference) in order to support the new and revised regulations. The effective date of this regulation is March 17, 2010

.

The standards and requirements co ntained in Virginia ‟s consumer and commercial products regulations are consistent with the Ozone Transport Commission (OTC) model

rule s . The OTC consumer p roducts model rule was based on the existing rules developed by the 1998 California Air Resources Boa rd (CARB) reasonably available control technology (RACT) determination. Implementing this model rule will result in SIP emission reductions in VOC to support the attainment demonstrations, and reductions in ground

- level ozone in other areas of the OTR. T he OTR consists of Delaware, Maine, New Hampshire, Vermont, Massachusetts, Connecticut, Rhode Island, New York, New Jersey, Pennsylvania, Maryland, the District of Columbia, and Virginia.

B. STATE SUBMITTAL:2

I

. Documents incorporated by reference

This SIP revision amends 9VAC5

- 20

- 21 in order to make administrative changes for clarity, style

, format, and renumbering. The revision adds sections to 9VAC5

- 20

- 21 in order to incorporate into the Virginia regulation by reference to support the new and

revise d regulations

.

II. Consumer a nd Commercial Products

The Commonwealth of Virginia established a new chapter 9VAC5

- 45 in order to control VOC emissions from various consumer and commercial products within the Northern Virginia and Fredericksburg VOC Emis sions Control Areas. The new chapter consists of general requirements that pertain to regulating consumer and commercial products, as well as, VOC content and emission limits for consumer and commercial products.

9VAC5

- 45 also contains the control techno logy, testing, monitoring, administrative, recordkeeping, and reporting requirements necessary to determine compliance with each of the applicable standards.

The SIP revision adds sections 9VAC5

- 45

- 10, 9VAC5

- 45

- 20, 9VAC5

- 45

- 30, 9VAC5

- 45

- 40, and 9VAC5

- 45

- 50 in order to : (1) specify applicability to any product, owner, or other person subject to the provisions of Chapter 45; (2 ) establish compliance with the

standards in Cha pter 45; (3 ) establish emission tests for operations and products subject

to the s tandards subject to the provisions of Chapter 45; (4 ) specify monitoring requirements ; and (5 ) specify notification, records, and reporting requirements.

Portable Fuel Containers a nd Spouts Manufactured Before and After August 1,

2010

The Commonwealth o f Virginia established two articles in 9VAC5

- 45 in order to implement design, performance, and labeling standards for portable fuel containers and spouts before and after August 1, 2010, and to prohibit owners form manufacturing, distributing, and selling noncompliant products.

The following SIP revisions pertain to portable fuel containers and spouts manufactured before August 1, 2010:

The SIP revision adds section 9VAC5

- 45

- 60 in order to establish applicability to any person who sells, supplies, offers for sale, or manufactures for sale portable fuel containers and spouts within the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas.

The SIP revision also adds section 9VAC5

- 45

- 70 in order to specify exemptions for any portable fuel container or spout manufactured, sold, supplied, or offered for sale within and used outside the Northern Virginia and Fredericksburg Volatile Organic C ompound

Emissions Control Areas.

The SIP revision adds the foll owing definitions and term s in s ection 9VAC5

- 45

- 80:3

“ASTM,” “CARB,” “Consumer,” “Distributor,” “Fuel,” “Manufacturer,” “Nominal capacity,” “Outboard engine,” “Permeation,” “Portable fuel container,” “Retail outlet,” “Retailer,” “Spill

- proof spout,” “Spill

- proof spout system,” “ S po ut,” and “Target fuel

tank.”

The SIP revision adds sections 9VAC5

- 45

- 90, 9VAC5

- 45

- 100, 9VAC5

- 45

- 110, 9VAC5

- 45

- 120, 9VAC5

- 45

- 130, 9VAC5

- 45

- 140, and 9VAC5

- 45

- 150 in order to : (1) specify performance standards for VOCs, (2) specify administrative requiremen ts, (3) specify compliance procedures, (4) establish compliance schedules, (5) specify test methods and procedures, (6) specify monitoring applicability, and (7) specify notification, records, and reporting requirements.

The following SIP revisions pertai n to portable fuel containers and spouts manufactured after August 1, 2010:

The SIP revision adds section 9VAC5

- 45

- 160 in order to establish applicability to any person who sells, supplies, offers for sale, or manufactures for sale portable fuel

container s and sp outs on or after within the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas.

The SIP revision also adds section 9VAC5

- 45

- 1 70 in order to specify exemptions for any portable fuel container or spout manufacture d, sold, supplied, or offered for sale within and used outside the Northern Virginia and Fredericksburg Volatile Organic Compound

Emissions Control Areas.

The SIP revision adds the foll owing definitions and terms in s ection 9VAC5

- 45

- 1 80: “ASTM,” “CARB,” “CARB certification executive order,” “Consumer,” “Distributor,” “Fuel,” “Kerosene or kerosene,” “Manufacturer,” “Nominal capacity,” “Outboard engine,” “Permeation,” “Portable fuel container,” “Product category,” “Retail outlet,” “Retailer,” “Spill

- proof s pout,” “Spill

- proof spout system,” “ S pout,” and “Target fuel

tank.”

The SIP revision adds sections 9VAC5

- 45

- 190, 9VAC5

- 45

- 200, 9VAC5

- 45

- 210,

9VAC5

- 45

- 220, 9VAC5

- 45

- 230, 9VAC5

- 45

- 240, 9VAC5

- 45

- 250, 9VAC5

- 45

- 260, and

9VAC5

- 45

- 270 in order to : (1) specify p erformance standards for VOCs on or after August 1, 2010, (2) specify certification procedures, (3) specify innovative products procedures, (4) specify administrative requirements, (5) specify compliance procedures, (6) establish compliance schedules, (7) specify test methods and procedures, (8) specify monitoring applicability, and (9) specify notification, records, and reporting requirements.

Consumer Products Manufactured Before , on, or After August 1, 2010

The Commonwealth of Virginia established two articles in 9VAC5

- 45 in order to implement VOC content standards for certain individual product categories before and after August 1, 2010 and to prohibit owners from manufacturing, distributing,4

advertising, or selling noncompliant products.

The followin g SIP revisions pertain to consumer products manufactured before August 1,

2010:

The SIP revision adds section 9VAC5

- 45

- 280 in order to establish applicability to any consumer product man ufactured that contains VOCs within the Northern Virginia and

Freder icksburg Volatile Organic Compound Emissions Control Areas.

The SIP revision also adds section 9VAC5

- 45

- 290 in order to set exemptions for the following: (1) products for shipment and use outside the Northern Virginia and Fredericksburg Volatile Organic C ompound Emissions Control Areas , (2) antiperspirants and deodorants, (3) products registered under the Federal Insecticide, Fungicide and

Rodenticide Act ( FIFRA ) , (4) air fresheners, (5) adhesives, (6) bait station insecticides, and (7) fragrances.

The SI P revision adds the foll owing definitions and terms in s ection 9VAC5

- 45

- 300:

“ ACP ( Alternative Control Plan ) emissions,” “ ACP limit,” “ACP product,” “ACP VOC standard,” “ ASTM (American Society for Testing and Materials),” “adhesive,” “adhesive remover,” “ aerosol adhesive,” “aerosol cooking spray,” “aerosol product,” “agricultural use,” air freshener,” “all other carbon

- containing compounds,” “all other forms,” “alternative control plan or ACP,” “antimicrobial hand or body cleaner or soap,” “antiperspirant, ” “architectural coating,” “ASTM,” “astringent or toner,” “automotive brake cleaner,” “automotive hard paste wax,” “automotive instant detailer,” “ automotive

rubbi ng or polishing compound,” “ automotive wax, polish, sealant or glaze,” “ autom otive

windshield washer fluid,” “bathroom and tile cleaner,” “bug and tar remover,” “CARB,”

“ carburetor or fuel

- injection air intake cleaners,” “carpet and upholstery cleaner,” “certified emissions,” “certified use rate,” '”charcoal lighter material,” “colorant,” “complia nce period,” “ construction, panel and floor covering adhesive,” “ consumer ,” “consumer product,” “contact adhesive,”, “contact person,” “container or packaging,” “crawling bug insecticide,” “date

- code,” “deodorant,” “device,” “disinfectant,” “distributor,” “double phase aerosol air freshener,” “dry cleaning fluid,” “dusting aid,” “electronic cleaner,” “enforceable sales,” “enforceable sales record,” “engine degreaser,” “exempt compound,” “fabric protectant,” “facial cleaner or soap,” “fat wood,” “FIFRA,”

“fl ea and tick insecticide,” flexible flooring material,” “floor polish or wax,” “floor seam sealer,” “ floor wax stripper,” “flying bug insecticide,” “fragrance,” “furniture coating,” “furniture maintenance product,” “gel,” “general purpose adhesive,” “genera l purpose cleaner,” “general purpose degreaser,” “ general

- use hand or body cleaner or soap,” “glass cleaner,” “gross sales,” “hair mousse,” “ hair shine,” “hair spray,” “hair styling gel,”

“ he avy

- duty hand cleaner or soap,” “herbicide,” “high volatility org anic compound or HVOC,” “household product,” “insecticide,” “insecticide fogger,” “ institutional product

or industrial an d institutional (I&I) product,” “label,” “laundry prewash,” “laundry starch product,” “lawn and garden insecticide,” “liquid,” “lubrica nt,” “ LVP ( lower vapor pressure) content or lower vapor pressure content,” “ LVP

- VO C or lower vapor pressure

VOC,” “manufacturer,” “ medicat ed astringent/medicated toner,” “medium volatility organic compound or MVOC,” “metal polish or cleanser,” “missing dat a days,” “mist5

spray adhesive,” “ multipurpose dry lubricant,” “multipurpose lubricant,” “multipurpose solvent,” “nail polish,” “nail polish remover,” “nonaerosol product,” “noncarbon containing compound,” “nonresilient flooring,” “nonselective terrestrial herbicide,”

“one

- product business,” “oven cleaner,” “paint,” “paint remover or stripper,” “penetrant,” “pesticide,” “pre

- ACP VOC content,” “pressurized gas duster,” “ prin cipal display panel or panels,” “product brand name,” “product category,” “product fo rm,” “product line,” “propellant,” “pump spray,” “reconcile,” “reconciliation of shortfalls plan,” “responsible ACP party,” “responsible party,” “restricted materials,” “retail outlet,” “retailer,” “roll

on

- product,” „rubber and vinyl protectant,” „rubbin g alcohol,” “sealant and caulking compound,” “semisolid,” “shaving cream,” „shortfall,” “silicone

- based multipurpose lubricant,” “single phase aerosol air freshener,” “small business,” “solid,” “special purpose spray adhesive,” “spot remover,” “spray buff product,” “stick product,” “structural waterproof adhesive,” “surplus reduction,” “surplus trading,‟ „terrestrial,” „tire sealant and inflator,” “total maximum historical emissions,” “type A propellant,” “type B propellant,” “type C propellant,” “undercoat ing,‟ “usage directions,” “VOC content,” “volatile organic compound or VOC,” “wasp and hornet insecticide,” “waterproofer,” “wax,” “web spray adhesive,” “wood floor wax,” and “working day.”

The SIP revision adds section 9VAC5

- 45

- 310 in order to apply to a ny person who sells, supplies, offers for sale, or manufactures consumer products that contains VOCs in excess of the limits specified in Attachment A, on and after the applicable compliance

dates in section 9VAC

- 45

- 360

.

The SIP revision also adds section 9VAC45

- 310 in order to specify VOC content limits in percent VOCs by weight for consumer products with a compliance date specified in

9VAC

- 45

- 360. The rule also contains requirements for the following: (1) products registered under FIFRA, (2) products re quiring dilution, (3) sell

- through of products , (4) aerosols adhesives, ( 5 ) charcoal lighter materials, ( 6) floor wax strippers, and (7) ozone depleting compounds.

The SIP revision adds section 9VAC45

- 320 in order to establish applicability for ACP

for co nsumer products and criteria for innovative products exemption and requirements for waiver requests. ACP for consumer products are provided by allowing responsible parties the option to voluntarily enter into separate ACP agreements.

The SIP revision a lso adds sections 9VAC45

- 5

- 330, 9VAC45

- 5

- 340, 9VAC45

- 5

- 350,

9VAC45

- 5

- 360, 9VAC45

- 5

- 370, 9VAC45

- 5

- 380, and 9VAC45

- 5

- 390 in order to: (1) specify innovative products procedures, (2) specify administrative requirements, (3) specify compliance procedures, (4) establish compliance schedules, (5) specify test methods and procedures, (6) specify monitoring applicability, and (7) specify notification, records, and reporting requirements.

The following SIP revisions pertain to consumer products manufactured on or after August 1, 2010:

The SIP revision adds section 9VAC5

- 45

- 400 in order to establish applicability to any6

consumer product manufactured that contains VOCs within the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas.

The SIP revision also adds section 9VAC5

- 45

- 410 in order to set exemptions for the following: (1) products for shipment and use outside the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas , (2) antiperspirants

and de odorants, (3) products registered under the Federal Insecticide, Fungicide and

Rodenticide Act ( FIFRA ) , (4) air fresheners, (5) adhesives, (6) bait station insecticides, and (7) fragrances.

The SIP revision adds the foll owing definitions and terms in s ect ion 9VAC5

- 45

- 420:

“ ACP ( Alternative Control Plan ) emissions,” “ ACP limit,” “ACP product,” “ACP VOC standard,” “ ASTM (American Society for Testing and Materials),” “adhesive,” “adhesive remover,” “aerosol adhesive,” “aerosol cooking spray,” “aerosol produc t,” “agricultural use,” air freshener,” “all other carbon

- containing compounds,” “all other forms,” “alternative control plan or ACP,” “antimicrobial hand or body cleaner or soap,” “antiperspirant,” “architectural coating,” “ASTM,” “astringent or toner,” “ automotive brake cleaner,” “automotive hard paste wax,” “automotive instant detailer,” “ automotive

rubbi ng or polishing compound,” “ automotive wax, polish, sealant or glaze,” “ autom otive windshield washer fluid,” “bathroom and tile cleaner,” “bug and tar r emover,” “CARB,”

“ carburetor or fuel

- injection air intake cleaners,” “carpet and upholstery cleaner,” “certified emissions,” “certified use rate,” '”charcoal lighter material,” “colorant,” “compliance period,” “ construction, panel and floor covering adhesi ve,” “ consumer ,” “consumer product,” “contact adhesive,”, “contact person,” “container or packaging,” “crawling bug insecticide,” “date

- code,” “deodorant,” “device,” “disinfectant,” “distributor,” “double phase aerosol air freshener,” “dry cleaning fluid,” “dusting aid,” “electronic cleaner,” “enforceable sales,” “enforceable sales record,” “engine degreaser,” “exempt compound,” “fabric protectant,” “facial cleaner or soap,” “fat wood,” “FIFRA,” “flea and tick insecticide,” flexible flooring material,” “flo or polish or wax,” “floor seam sealer,” “ floor wax stripper,” “flying bug insecticide,” “fragrance,” “furniture coating,” “furniture maintenance product,” “gel,” “general purpose adhesive,” “general purpose cleaner,” “general purpose degreaser,” “ general

- u se hand or body cleaner or soap,” “glass cleaner,” “gross sales,” “hair mousse,” “ hair shine,” “hair spray,” “hair styling gel,”

“ he avy

- duty hand cleaner or soap,” “herbicide,” “high volatility organic compound or HVOC,” “household product,” “insecticide,” “insecticide fogger,” “ institutional product

or industrial an d institutional (I&I) product,” “label,” “laundry prewash,” “laundry starch product,” “lawn and garden insecticide,” “liquid,” “lubricant,” “ LVP ( lower vapor pressure) content or lower vapor pre ssure content,” “ LVP

- VO C or lower vapor pressure

VOC,” “manufacturer,” “ medicat ed astringent/medicated toner,” “medium volatility organic compound or MVOC,” “metal polish or cleanser,” “missing data days,” “mist spray adhesive,” “ multipurpose dry lubricant ,” “multipurpose lubricant,” “multipurpose solvent,” “nail polish,” “nail polish remover,” “nonaerosol product,” “noncarbon containing compound,” “nonresilient flooring,” “nonselective terrestrial herbicide,”

“one

- product business,” “oven cleaner,” “paint ,” “paint remover or stripper,” “penetrant,” “pesticide,” “pre

- ACP VOC content,” “pressurized gas duster,” “ prin cipal display panel or panels,” “product brand name,” “product category,” “product form,” “product line,”7

“propellant,” “pump spray,” “reconcile ,” “reconciliation of shortfalls plan,” “responsible ACP party,” “responsible party,” “restricted materials,” “retail outlet,” “retailer,” “roll

on

- product,” „rubber and vinyl protectant,” „rubbing alcohol,” “sealant and caulking compound,” “semisolid,” “ shaving cream,” „shortfall,” “silicone

- based multipurpose lubricant,” “single phase aerosol air freshener,” “small business,” “solid,” “special purpose spray adhesive,” “spot remover,” “spray buff product,” “stick product,” “structural waterproof adhesive, ” “surplus reduction,” “surplus trading,‟ „terrestrial,” „tire sealant and inflator,” “total maximum historical emissions,” “type A propellant,” “type B propellant,” “type C propellant,” “undercoating,‟ “usage directions,” “VOC content,” “volatile organic compound or VOC,” “wasp and hornet insecticide,” “waterproofer,” “wax,” “web spray adhesive,” “wood floor wax,” and “working day.”

The SIP revision adds section 9VAC5

- 45

- 430 in order to apply to any person who sells, supplies, offers for sale, or manufact ures consumer products that contains VOCs in excess of the limits specified in Attachment B

.

The SIP revision also adds section 9VAC45

- 430 in order to specify VOC content limits in percent VOCs by weight for consumer products with a compliance date specif ied in

9VAC

- 45

- 360. The rule also contains requirements for the following: (1) products registered under FIFRA, (2) products requiring dilution, (3) sell

- through of products , (4) aerosols adhesives, ( 5 ) charcoal lighter materials, ( 6) floor wax strippers, and (7) ozone depleting compounds.

The SIP revision adds section 9VAC45

- 440 in order to establish applicability for ACP for consumer products and criteria for innovative products exemption and requirements for waiver requests. ACP for consumer products are provided by allowing responsible parties the option to voluntarily enter into separate ACP agreements.

The SIP revisio n also adds sections 9VAC45

- 5

- 45 0, 9VAC45

- 5

- 460 , 9VAC45

- 5

- 470,

9VAC45

- 5

- 480 , 9VAC45

- 5

- 490 , 9VAC45

- 5

- 500 , and 9VAC45

- 5

- 510 in order to: (1) specify innovative products procedures, (2) specify administrative requirements, (3) specify compliance procedures, (4) establish compliance schedules, (5) specify test methods and procedures, (6) specify monitoring applicability, and (7) specify notification, records, and reporting requirements.

Architectural a nd Industrial Maintenance Coatings

The Commonwealth of Virginia established an article in 9VAC5

- 45 in order to control VOC emissions from AIM, implement VOC content standards, and prohibit owners from manufacturing, distributing, selling, and using noncompliant products.

The SIP revision adds section 9VAC5

- 45

- 520 in order to apply to any owner or person who supplies, sells, offers for sale, or manufactures any architectural coating within the Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control

Areas.

The SIP revision also adds section 9VAC5

- 45

- 530 in order to set exemptions for the8

following: (1) any architectural coating sold or manufactured for use outside th e Northern Virginia and Fredericksburg Volatile Organic Compound Emissions Control Areas, (2) aerosol coating product, and (3) any architectural coating that is sold in a

container with a volume of one liter or less.

The SIP revision adds the foll owing de finitions and terms in s ection 9VAC5

- 45

- 540:

“A dhesive ,” “aerosol coating product,” “ antenna coating,” “antifouling coating,” “appurtenance,” “architectural coating,” “ASTM,” “bitumens,” “Bituminous roof coating ,” “bituminous roof primer,” “bond breaker,” “calcimine recoater,” “clear brushing lacquers,” “clear wood coatings,” “coating,” “colorant,” “concrete curing compound,” “concrete surface retarder,” “conversion varnish,” “dry fog coating,” “exempt compound,” “extreme durability coating,” “faux finishi ng coating,” “fire

resistive coating,” “fire

- retardant coating,” “flat coating,” “floor coating,” “flow coating,”

“form

- release compound,” “graphic arts coating or sign paint,” “high

- temperature coating,” “impacted immersion coating,” “ industrial maintena nce coating,” “lacquer,”

“low

- solids coating,” “magnesite cement coating,” “mastic texture coating,” “metallic pigmented coating,” “multicolor coating,” “nonflat coating,” “nonflat high

- gloss coating,” “nonindustrial use,” “nuclear coating,” “post

- consumer coating,” “pretreatment wash primer,” “primer,” “quick

- dry enamel,” “quick

- dry primer sealer and undercoater,” “recycled coating,” “residence,” “roof coating,” “rust

- preventive coating,” “sanding sealer,” “sealer,” “secondary coating (rework),” “shellac,” “shop application,” “solicit,” “specialty primer, sealer, and undercoater,” “stain,” “swimming pool coating,” “swimming pool repair and maintenance coating,” “temperature

- indicator safety coating,” “thermoplastic rubber coating and mastic,” “tint base,” “ traffic marking coating,” “undercoater,” “varnish,” “VOC content,” “waterproofing concrete/masonry sealer,” “waterproofing sealer,” and “wood preservative.”

The SIP revision adds section 9VAC5

- 45

- 550 in order to specify that no person or owner shall manuf

acture, blend, or repackage for sale, supply, sell, or offer for sale, or solicit for application or apply any architectural coating with VOC content in excess of the limits specified in Attachment C

. Section 9VAC5

- 45

- 550 also established that the most

re strictive VOC content limit shall apply to any coating that meets the definition of or is recommended for use for more than one of the coating cate gories specified in Attachment

C

. The rule also contains requirements for the following: (1) coating manufac tured prior to the applicable compliance date specified in 9VAC5

- 45

- 580 , (2) architectural coating

containers , (3) application of any architectural coating , (4) rust preventive coating for

industrial use

, and ( 5 ) coating that does not meet any of the defin itions for the specialty coatings categories specified in Attachment C

.

The SIP revision also adds sections 9VAC45

- 5

- 560, 9VAC45

- 5

- 570, 9VAC45

- 5

- 580,

9VAC45

- 5

- 590, 9VAC45

- 5

- 600, and 9VAC45

- 5

- 610 in order to: (1) specify administrative requirements, (2) s pecify compliance procedures, (3) establish compliance schedules, (4) specify test methods and procedures, (5) specify monitoring applicability, and (6) specify notification, records, and reporting requirements.

Adhesives a nd Sealants9

Adhesives, sealants , adhesive primer, and sealant primer are used in manufacturing, packaging, construction, and installation of disparate materials such as metal, wood, rubber, plastic, ceramics, fiberglass

, and composites. An adhesive is any mate rial used to

bond two surf

aces. A sealant is a material with adhesive properties that is used primarily to fill and seal durably, openings between two surfaces. VOC emissions result from evaporation of solvents during surface preparation, transfer, application, drying

, and

cleani ng operations. The solvents are mostly needed to solubilize the adhesive, sealant,

or p rimer material for application. The solvents prepare the surface to provide a stronger

bond. In plastic pipe bonding, the solvent dissolves the polyvinyl chloride pip e and reacts with the pipe to form a bond. Solvents used to clean the surface before bonding and to clean the application equipment after bonding al so contribute to VOC emissions. VOC emissions from adhesives and sealants are primarily from industrial an d commercial operations such as general manufacturing, wood product manufacturing, upholstery shops, adhesives retailers and architectural trades, such as building construction, floor covering installation and roof repair.

The OTC States developed a Model Rule “ OTC Model Rule For Adhesives and Sealants”

dated 2006 which was based on the CARB RACT determination. This RACT determination applied to both the manufacture and use of adhesives, sealants, adhesive primers or sealant primers , in both industrial an d manufacturing facilities and in the field. California Air Districts used this determination to develop regulations for this category. EPA addressed this source category with a Control Techniques Guideline (CTG)

document for Miscellaneous Industrial Adh esives dated September 2008. This CTG was developed in response to section 183(e) of the Clean Air Act (CAA) requirement for EPA to study and regulate consumer and commercial products, which is included in EPA‟s Report to Congress, “Study of Volatile Orga nic Compound Emissions from Consumer

and Commercial Products

– Comprehensive Emissions Inventory.” The section 183(e) miscellaneous industrial adhesives category was limited to adhesives and adhesive primers used in industrial and manufacturing operations and did not include products applied in the field. Therefore, the OTC Model Rule and State efforts in developing individual regulations preceded EPA‟s CTG for this source category and were broader in applicability. The OTC Model Rule for adhesives and s ealants and Virginia‟s Regulation

9VAC5

- 45 Article 6

– Emissions Standards For Adhesives and Sealants provisions compared to the CTG document for Miscellaneous Industrial Adhesives dated September

20 08 are discussed in Attachment D

.

The Commonwealth of Vi rginia established an article in 9VAC5

- 45 in order to control VOC emissions from adhesives, adhesive primers, sealants, and sealant primers, implement VOC content limits, and prohibit owners from manufacturing, distributing, selling, or applying noncomplia nt products.

The SIP revision adds section 9VAC5

- 45

- 620 in order to apply to any owner or person who supplies, sells, offers for sale, manufactures, uses, applies for compensation, solicits the use of, requires the use of, or specifies the application of , any adhesive, sealant, adhesive primer, or sealant primer that contains VOCs within the Northern Virginia and10

Fredericksburg Volatile Organic Compound Emissions Control Areas.

The SIP revision also adds section 9VAC5

- 45

- 630 in order to set exemptions fo r specific products and compounds of adhesives, sealants, adhesive primers, or sealant primers.

The SIP revision adds the foll owing definitions and terms in s ection 9VAC5

- 45

- 640: „„ABS welding adhesive or acrylonitrile

- butadiene

- styrene welding adhesive, ‟‟ “adhesive,” “adhesive primer,” „„aerosol adhesive,‟‟ “aerosol component,” „„architectural sealant or primer,‟‟ “ASTM,” “CARB,” „„automotive glass adhesive primer,‟‟ „„CPVC plastic or chlorinated polyvinyl chloride plastic,‟‟ „„CPVC welding adhesive or

c hlorinated polyvinyl chloride welding adhesive,‟‟ „„ceramic tile installation adhesive,‟‟ „„cleanup solvent,‟‟ „„computer diskette jacket manufacturing adhesive,‟‟ „„contact bond adhesive,‟‟ „„cove base,‟‟ „„cove base installation adhesive,‟‟ “cyanoacrylat e adhesive,” „„drywall inst allation,‟‟ „„fiberglass,‟‟ „„flexible vinyl,‟‟ „„indoor floor covering installation adhesive,‟‟ „„laminate,‟‟ „„low

- solids adhesive, sealant or primer,‟‟ „„marine deck sealant or marine deck sealant primer,‟‟ „„medical equipment manufacturing,‟‟

„„metal to urethane/rubber molding or casting adhesive,‟‟ „„multipurpose construction adhesive,‟‟ „„nonmembrane roof installation/repair adhesive,‟‟ „„outdoor floor covering installation adhesive,‟‟ “ozone season,” „„PVC plastic or polyvi nyl chloride plastic,‟‟ „„PVC welding adhesive or polyvinyl chloride welding adhesive,‟‟ „„panel installation,‟‟ „„perimeter bonded sheet flooring installation,‟‟ „„plastic cement welding adhesive,‟‟ „„plastic cement welding adhesive primer,‟‟ „„plastic fo am,‟‟ „„plasticizer,‟‟ „„plastics,‟‟ „„porous material,‟‟ „„propellant,‟‟ „„reactive diluent,‟‟ „„roadway sealant,‟‟ „„rubber,‟‟ „„SCAQMD

- South Coast Air Quality Management District,‟‟ “sealant,” „„sealant primer,‟‟ „„sheet rubber installation,‟‟ „„single

- ply roof membrane,‟‟ „„single

- ply roof membrane adhesive primer,‟‟ „„single

- ply roof membrane installation and repair adhesive,‟‟ „„single

- ply roof membrane sealant,‟‟ “solvent,” „„structural glazing adhesive,‟‟ „„subfloor installation,‟‟ „„surface prepara tion solvent,‟‟ „„thin metal laminating adhesive,‟‟ „„tire repair,‟‟ „„tire tread adhesive,‟‟ „„traffic marking tape,‟‟ „„traffic marking tape adhesive primer,‟‟ „„undersea

- based weapons systems

components

, ‟‟ “volatile organic compound,” and „„waterproof r esorcinol glue.‟‟

The SIP revision adds section 9VAC5

- 45

- 650 in order to specify that no person or owner shall sell, supply, or offer for sale, or manufactured for sale any adhesive, sealant, adhesive primer or sealant primer on or after the applicable co mpliance date specified in

9VAC5

- 45

- 700 with VOC content in excess of the limits specified in Attachment D

. Section 9VAC5

- 45

- 6 50 also specifies requirements for owners or operators of a facility that uses or applies a surface preparation solvent or cleanu p solvent or removes an adhesive, sealant, adhesive primer, sealant primer from the parts of spray application equipment and contains requirements for proper storage and disposal, work practices, surface preparation and cleanup solvent composition.

As a n alternative to the VOC limits established in Attachment D

, section 9VAC5

- 45

- 660

establishes that operators or owners of a facility that use or apply adhesives, sealants,

adhesive primers, sealant primers , surface preparation solvents or cleanup solvents have the option of using add

- on pollution control equipment rather than complying with the11

Attachment D limits. Requirements applying to air pollution control equipment include: an overall capture and control efficiency of at least 85 percent, by weight; the continuous monitoring of combustion temperature, inlet and exhaust gas temperatures and control device efficiency, depending upon the type of add

- on controls used; and the maintenance of operation records to demonstrate compliance.

The SIP revision a lso adds sections 9VAC45

- 5

- 670, 9VAC45

- 5

- 680, 9VAC45

- 5

- 690,

9VAC45

- 5

- 700, 9VAC45

- 5

- 710, 9VAC45

- 5

- 720, 9VAC45

- 5

- 730, 9VAC5

- 45

- 740, and

9VAC5

- 45

- 750 in order to: (1) specify standards for visible emissions, (2) specify administrative requirements, (3) speci fy compliance procedures, (4) establish compliance schedules, (5) specify test methods and procedures, (6) specify monitoring applicability, (7) specify notification, records, and reporting requirements, (8) specify registration provisions, and (9) specify facility and control equipment maintenance or malfunction provisions.

Asphalt Paving Operations

The Commonwealth of Virginia established an article in 9VAC5

- 45 in order to control VOC emissions from asphalt paving operations, which prescribes the use of emulsified asphalt coatings except for the purpose of coating residential driveways and prohibit the mixing, storage, and application of noncompliant products.

The SIP re vision adds section 9VAC5

- 45

- 760 in order to apply to any owner or person

who manuf

actures, mixes, stores, uses, or applies any liquefied asphalt for paving operations within the Northern Virginia and Fredericksburg Volatile Organic Compound

Emissions Control Areas.

The SIP revision adds the foll owing definitions and terms in s ection 9V AC5

- 45

- 770:

“ Asphalt ,” “cutback asphalt,” “emulsified asphalt,” “paving operation,” and “penetrating prime coat.”

The SIP revision also adds section 9VAC5

- 45

- 780 in order to specify that no owner or person shall cause or permit the manufacture, mixing, st orage, use, or application of liquefied asphalt for paving operations unless it is emulsified. Section 9VAC5

- 45

- 780 also specifies the exceptions to the rule.

The SIP revision also adds sections 9VAC45

- 5

- 790, 9VAC45

- 5

- 800, 9VAC45

- 5

- 820,

9VAC45

- 5

- 830, 9VA C45

- 5

- 84 0, and 9VAC45

- 5

- 85 0 in order to: (1) specify standards for visible emissions, (2) specify standards for fugitive dust/emissions , (3) specify compliance procedures, (4 ) specify test methods and procedures, (5 ) specify monitoring provisions

, and (7 ) specify notification, records, and reporting requirements

.

C . CONCLUSIONS AND RECOMMENDED AGENCY ACTION:

This SIP revision satisfies all requirements for an acceptable SIP. EPA evaluates that new chapter 9VAC5

- 45 contains the required elements for a federally enforceable rule:12

emission limitations, compliance procedures and test methods, compliance dates and record keeping provisions

. The Commonwealth of Virginia has adopted the standards and requirements of the consumer and commercial products rule as recommended by the

OTC model rule. Virginia‟s consumer and commercial products rule contains special provisions that specify general testing, monitoring, compliance, notification, recordkeeping, and reporting requirements, and establishes standards

. T he amendments

to 9VAC5

- 20

- 21

– Documents incorporated by reference meets the applicable requirements of the CAA, and the applicable EPA regulations, guidance, and policy and can be approved.

The addition of the following regulations, adopted by the Common wealth of Virginia, meet the applicable requirements of the CAA, and the applicable EPA regulations, guidance, and policy and can be approved: (1) Part I

– Special Provisions, (2 ) Article 1

– Emission Standards For Portable Fuel Containers And Spouts Manu factured Before August 1, (3 ) Article 2

– Emission Standards For Portable Fuel Containers And Spouts Manufactured On Or After August 1, 2010 , (4 ) Article 3

– Emission Standards For

Consumer Products Manufa ctured Before August 1, 2010, (5 ) Article 4

– Emiss ion

Standards For Consumer Products Manufacture d On Or After August 1, 2010, (6 ) Article

5

– Emission Standards For Architectural And Ind ustrial Maintenance Coatings, (7 )

Article 6

– Emission Standards Fo r Adhesives And Sealants, and (8 ) Article 7

– Emissi on Standards For Asphalt Paving Operations

.

EPA approval of the SIP revision is recommended. The regulations will control emissions of VOCs, which will reduce the formation of ozone , and thereby protect public

health and welfare.

Attachment A13 9VAC5

- 45

- 310

– Standard for volatile organic compounds (percent volatile organic compounds by weight) Product Category VOC Content Limit

Effective

Date
1/1/2005 Effective Date
1/1/2009

Adhesives: Aerosol Mist Spray Aerosol Web Spra y Special Purpose Spray Adhesives: Mounting, Automotive Engine Compartment and Flexible Vinyl Polystyrene Foam and Automotive

Headliner Polyolefin and Laminate Repair/ Edgebanding Construction, Panel and Floor
Contact General Purpose
Structural Waterproof 65

55

70

65

60

15

80

10

15 N/A

Cooking Spray, Aerosol 18

Air Fresheners: Single

- phase Aerosols

Double

- phase Aerosols Liquids/Pump Sprays
Solids/Semisolids 30

25

18

3
Antiperspirants:

Aerosol

Non

- ae rosol 40 HVOC
10 MVOC

0 HVOC
0 MVOC

Automotive Brake Cleaners 45 Automotive Rubbing or Polishing C ompound 17 Automotive Wax, Polish, Sealant or Glaze:

Hard Paste Waxes

Instant Detailers
All Other Forms 45

3

15

Automotive Windshield Wa sher Fluids 35 Product Category VOC Content Limit

Effective

Date
1/1/2005 Effective Date
5/1/2009

Bathroom and Tile Cleaners

Aerosols
All Other Forms 7

5 Bug and Tar Remover 4014

Carburetor or Fuel

- Injection Air Intake
Cleaners 45

C arpet & Upholstery Cleaners

Aerosols

Non

- aerosols (dilutable) (ready

- to

- use): 7

0.1

3.0 Charcoal Lighter Material See

subs ection
9VAC5

- 45

- 310F

Deodorants:

Aerosol

Non

- aerosol 0 HVOC
10 MVOC
0 HVOC
0 MVOC Dusting Aids:

Aerosol

All oth er forms 25

7 Engine Degreasers:

Aerosol

Non

- aerosol 35

5

Fabric Protectants 60

Floor Polishes/waxes: Products for Flexible Flooring Materials
Products for Non

- Resilient Flooring

Wood Floor Wax 7

10

90

Floor Wax Strippers, non

- aerosol See

subsection
9VAC5

- 45

- 310H

Product Category VOC Content Limit

Effective

Date
1/1/2005 Effective Date
5/1/2009

Furniture Maintenance Products:

Aerosol All other forms except solid or paste 17

7

General Purpose Cleaners:

Aerosol

Non

- aerosol 10

415

General Purpose Degreaser

Aerosol

Non

- aerosol 50

4

Glass Cleaners:

Aerosol

Non

- aerosol 12

4

Hair Mousse 6

Hair Shine 55 Hair Spray 55 Hair Styling Gel 6 Heavy Duty Hand Cleaner or Soap 8

Ins ecticide: Crawling Bug (aerosol) Crawling Bug (all other forms)

Flea and Tick Flying Bug (aerosol) Flying Bug (all other forms) Foggers Lawn & Garden (all other forms) Lawn & Garden (non

- aerosol) Wasp & Hornet 15

20

25

25

35

45

20

3

40

Produ ct Category VOC Content Limit

Effective

Date
1/1/2005 Effective Date
5/1/2009

Laundry Prewash:
Aerosol/Solid
All other forms 22

5

Laundry Starch Product 5

Metal Polish/Cleanser 30

Multi

- purpose Lubricant (excluding solid or

semi

- s olid product) 50

Nail Polish Remover 75

Non

- selective Terrestrial Herbicide

Non

- aerosol 3

Oven Cleaner Aerosol/Pump spray Liquid 8

5 Paint Remover or Stripper 50

Penetrants 50 Rubber & Vinyl Protectant

Non

- aerosol

Aerosol 3

10 Sealant & Caulking Compound 416

Shaving Cream 5

Silicone

- based Multi

- purpose Lubricants (excluding solid or semi

- solid product) 60

Spot Remover

Aerosol

Non

- aerosol 25

8

Tire Sealant and Inflators 20 Undercoating, Aerosol 40

Notes: N/ A Not applicable on or after January 1, 2009

Attachment B
9VAC5

- 45

- 43 0

– Standard for volatile organic compounds (percent volatile organic compounds by weight)17

Product Category VOC Content Limit

Effective

Date
1/1/2 005 Effective Date
1/1/2009

Adhesives: Aerosol Mist Spray Aerosol Web Spray Special Purpose Spray Adhesives: Mounting, Automotive Engine Compartment and Flexible Vinyl Polystyrene Foam and Automotive

Headliner Polyolefin and Laminate Repair/

E dgebanding Construction, Panel and Floor
Contact Contact, General Purpose Contact, Special Purpose General Purpose Structural Waterproof 65

55

70

65

60

15

80

10

15 N/A

55

80

Adhesive Removers: Floor or Wall Covering
G asket or Thread Locking General Purpose Specialty 5

50

20

70 Cooking Spray, Aerosol 18

Air Fresheners: Single

- phase Aerosols

Double

- phase Aerosols Liquids/Pump Sprays
Solids/Semisolids 30

25

18

3
Antiperspirants:

Aerosol

Non

- ae rosol 40 HVOC
10 MVOC

0 HVOC
0 MVOC

Anti

- static Product, non

- aerosol 11

Automotive Brake Cleaners 45 Automotive Rubbing or Polishing C ompound 17 Automotive Wax, Polish, Sealant or Glaze:

Hard Paste Waxes

Instant Detailers
All Other For ms 45

3

15

Automotive Windshield Washer Fluids 35 Product Category VOC Content Limit

Effective

Date Effective Date
5/1/200918 1/1/2005

Bathroom and Tile Cleaners

Aerosols
All Other Forms 7

5 Bug and Tar Remover 40

Carburetor or Fuel

- Injection Air Intake
Cleaners 45

Carpet & Upholstery Cleaners

Aerosols

Non

- aerosols (dilutable) (ready

- to

- use): 7

0.1

3.0 Charcoal Lighter Material See

subsection
9VAC5

- 45

- 430E Cooking spray, aerosol 18

Deodorants:

Aerosol

Non

- aerosol 0 HVOC
10 MVOC
0 HVOC
0 MVOC Dusting Aids:

Aerosol
All other forms 25

7

Electrical Cleaner 45

Electronic Cleaner 75 Engine Degreasers:

Aerosol

Non

- aerosol 35

5

Fabric Protectants 60

Fabric Refresher:

Aerosol

Non

- aerosol 1 5

6

Floor Polishes/waxes: Products for Flexible Flooring Materials
Products for Non

- Resilient Flooring

Wood Floor Wax 7

10

90

Floor Wax Strippers, non

- aerosol See

subsection
9VAC5

- 45

- 430G19

Product Category VOC Content Limit

Effec tive

Date
1/1/2005 Effective Date
5/1/2009

Footwear or Leather Care Products:

Aerosol
Solid
All other forms 75

55

15

Furniture Maintenance Products:

Aerosol All other forms except solid or paste 17

7

General Purpose Cleaners:

Aeros ol

Non

- aerosol 10

4

General Purpose Degreaser

Aerosol

Non

- aerosol 50

4

Glass Cleaners:

Aerosol

Non

- aerosol 12

4

Graffiti Removers:

Aerosol

Non

- aerosol 50

30

Hair Mousse 6

Hair Shine 55 Hair Spray 55 Hair Styling Ge l 6 Hair Styling Products: Aerosol and Pump sprays
All other forms 6

2 Heavy Duty Hand Cleaner or Soap 8

Insecticide: Crawling Bug (aerosol) Crawling Bug (all other forms)

Flea and Tick Flying Bug (aerosol) Flying Bug (all other forms) Foggers Lawn & Garden (all other forms) Lawn & Garden (non

- aerosol) Wasp & Hornet 15

20

25

25

35

45

20

3

4020

Product Category VOC Content Limit

Effective

Date
1/1/2005 Effective Date
5/1/2009

Laundry Prewash:
Aerosol/Solid

All other f orms 22

5

Laundry Starch Product 5

Metal Polish/Cleanser 30

Multi

- purpose Lubricant (excluding solid or

semi

- solid product) 50

Nail Polish Remover 75

Non

- selective Terrestrial Herbicide

Non

- aerosol 3

Oven Cleaner Aerosol/Pump spray Liquid 8

5 Paint Remover or Stripper 50

Penetrants 50 Rubber & Vinyl Protectant

Non

- aerosol

Aerosol 3

10 Sealant & Caulking Compound 4 Shaving Cream 5 Shaving Gel 7

Silicone

- based Multi

- purpose Lubricants (excluding solid or sem i

- solid product) 60

Spot Remover

Aerosol

Non

- aerosol 25

8

Tire Sealant and Inflators 20

Toilet/Urinal Care:

Aerosol

Non

- aerosol 10

3 Undercoating, Aerosol 40

Wood Cleaner:

Aerosol

Non

- aerosol 17

4 Notes: N/A Not applicable on or after January 1, 2009

Attachment C

9VAC5

- 45

- 550

– Standard for volatile organic compounds

Limits are expressed in grams of VOC per liter 1 of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt co mpounds, or

colorant added to tint bases. "Manufacturers maximum recommendation" means the21

maximum recommendation for thinning that is indicated on the label or lid of the coating

container.

Coating Category VOC Content Limit
Flat Coatings 100

Non

- flat Coatings 150

Non

- flat

- High Gloss Coatings 250

Specialty Coatings
Antenna Coatings 530
Antifouling Coatings 400
Bituminous Roof Coatings 300

Bituminous Roof Primers 350

Bond B reakers 350

Calcimine Recoater 475

Clear Wood Coatings
Clear Brushing Lacquers 680
Lacquers (including lacquer sanding sealers) 550
Sanding Sealers (other than lacquer sanding sealers) 350

Conversion Varnishes 725

Varnishes 350

Concrete Curing Compounds 350
Dry Fog Coatings 400
Extreme durability coating 400
Faux Finishing Coatings 350

Fire Resistive Coatings 350

Fire

- Retarda nt 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
Impacted Immersion Coating 780

Industrial Maint enance Coatings 34022

Low

- Solids Coatings 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

Primers, Se alers, and Undercoaters 200

Quick

- Dry Enamels 250

Quick

- Dry Primers, Sealers and Undercoaters 200
Recycled Coatings 250
Roof Coatings 250
Rust Preventative Coatings 400

Shellacs

Clear 730
Opaque 550

Specialty Primers, Sealers, and Undercoaters 350

Stains 250
Swimming Pool Coatings 340
Swimming Pool Repair and Maintenance Coatings 340

Temperature

- Indicator Safety Coatings 550
Thermoplastic Rubber Coating and Mastic 550
Traffic Marking Coatings 150
Waterproofing Sealers 250
Waterproofing Concrete/Masonry Sealers 400

Wood Preservatives 350

Conversion factor: one pound VOC per gallon (U.S.) = 119.95 grams per liter.

A ttachment D
OTC Model Rule for Adhesives and Sealants and Virginia’s Article 6

– Emission Standards for Adhesives and Sealants Provisions Compared to the Control Technique Guidelines for Miscellaneous Industrial Adhesives, September 200823

OTC Model Rule

The Ozone Transport Commission (OTC) developed a model rule as part o f a regional effort to attain and maintain the eight

- hour ozone standard and reduce eight

- hour ozone levels. States opting to promulgate rules based on this model rule will utilize State

specific administrative requirements and procedures. Virginia‟s ado pted Article 6 of

9VAC5

- 45 is based on the OTC model rule.

A reasonably available control technology (RACT) determination prepared by the California Air Resources Board (CARB) in 1998 forms the basis of the OTC model rule. In the years 1998

- 2001, the pro visions of the CARB determination were adopted in regulatory form in various air pollution control districts in California including the Bay Area, Ventura County, Sacramento Metropolitan and San Joaquin Valley.

The provisions of this model rule limit emis sions of VOCs from adhesives, sealants, adhesive primers and sealant primers. The model rule achieves VOC reductions through two basic components: (1) sale and manufacture restrictions that limit the VOC content of specified adhesives, sealants, adhesive primers and sealant primers sold in the state; and (2) use restrictions that apply primarily to commercial and industrial applications. By reducing the availability of higher VOC content adhesives and sealants within the State, the sales prohibition is a lso 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 associated emissions reductions will be used as part of the State‟s plan to attain and

maintain the 8

- hour ozone national ambient air quality standard (NAAQS).

Control Techniques Guideline

The Environmental Protection Agency ( EPA ) addressed a portion of this category, adhesives and adhesive primers, in a Co ntrol Techniques Guideline (CTG) document

-

“ Control Techniques Guidelines for Mi scellaneous Industrial Adhesive , EPA

- 453/R

- 08

- 005” in September 2008. ( See Docket number EPA

- HQ

- OAR

- 2008

- 0460 .)

“This CTG is intended to provide State and local air pollutio n control authorities information that should assist them in determining RACT for VOCs from miscellaneous industrial adhesive application processes. In developing this CTG, EPA, among other things, evaluated the sources of VOC emissions from

miscellaneous industrial adhesives application processes and the available control approaches for addressing these emissions, including the costs of such approaches. Based on available information and data, EPA provides

recommendations for RACT for miscellaneous indus trial adhesives. States can

use the recommendations in this CTG to inform their own determination as to

what constitutes RACT for VOCs for miscellaneous industrial adhesive application processes in their particular nonattainment areas. The information

co ntained in this document is provided only as guidance. This guidance does not24 change, or substitute for, requirements specified in applicable sections of the CAA or EPA‟s regulations; nor is it a regulation itself. This document does not impose any legal ly binding requirements on any entity. It provides only recommendations for State and local air pollution control agencies to consider in determining RACT. State and local pollution control agencies are free to implement other technically

- sound approache s that are consistent with the CAA and EPA‟s implementing regulations” (CTG page 1).

“When State and local pollution control agencies develop RACT rules, they may elect to adopt control approaches that differ from those described in this document

and/or promulgate applicability criteria that differ from those recommended here [in this CTG].” (CTG page 3)

.

EPA issued the CTG pursuant to the authority and to meet a requirement set by section 183(e) of the CAA. Section 183(e) directed EPA to list for reg ulation

, those categories of products that account for at least 80 percent of the VOC emissions from consumer and commercial products in ozone nonattainment areas, and to schedule those categories for regulation in four groups. Section 183(e)(3)(C) furthe r provides that we may issue a CTG in lieu of a national regulation for a product category where we determine that the

CTG will be “ substantial ly as effective as regulations” in reducing emissions of VOC in ozone nonattainment areas. See for example, 64 F R 13422, March 18, 1999. EPA has revised the list several times. See 70 FR 69759, November 17, 2005; 64 FR 13422, March 18, 1999; and most recently, 71 FR 28320, May 16, 2006.

Under section 183(e), a regulation for consumer or commercial products is lim ited to measures applicable to manufacturers, processors, distributors, or importers of the solvents, materials, or products supplied to the consumer or industry. Section 183(e) does not authorize EPA to issue national regulations that would directly regu late end

users of these products. By contrast, CTG are guidance do cuments that recommend

RACT measures that States can adopt and apply to the end

- users of products. See 73 FR 58481 at 58483, October 7, 2008. However, section 183(e) does not impose the s ame restrictions upon States

, upon regulation of end

- users and manufacturers, processors, distributors, or importers. Therefore, a State can regulate manufacturers, processors, distributors, or importers and end

- users of a product category for which EPA h as issued a

CTG.

I. Applicability (1) The scope of the CTG is focused on industrial adhesive application processes at facilities, i.e., stationary sources. The limits and requirements apply to facilities where

the total actual VOC emissions from all miscellaneous industrial adhesive application processes, including related cleaning activities, at that facility are equal to or exceed 6.8 kg/day (15 lb/day), or an equivalent level such as 3 tons per 12

- month rolling period,

before consideration of contr ols.25

The OTC model rule is broader than the CTG and applies to processes below the 6.8 kg/day recommendation. It also applies outside of stationary source facilities when the

adhesives are applied in the field.

(2) The OTC model rule is als o applicab le to any person who: sells, supplies for sale, offers for sale or manufactures for sale any adhesive, sealant, adhesive primer or sealant primer

. The CTG is not applicable to these people.

II. Definitions

Generally the OTC model rule and CTG use the same terms and definitions for those

terms. The OTC model rule contains additional definitions to address sealants and sealant primers and additional types of products. There are minor differences with some terms because the CTG focuses on the processes at a facility while the OTC model rule also incorporates prohibitions on selling, offering for sale and using products that can occur outside of a facility . There are some instances where the CTG and the OTC model rule use different terms for the same pr ocess/product , but these are substantively the

same.

Specific examples:

There appears to be an inconsistency in the CTG with the category of tire repair and tire retread. Tire repair generally would not occur at a manufacturing facility, but at smaller operations in the field. The draft CTG used a term “tire retreading” which would be a process that occurs at a manufacturing facility. The OTC model rule and section 121.1 regulate “tire retread” and defines the category in terms of manufacture and not t he repair of a puncture. Section 121.1‟s definition is consistent with South Coast Air Quality Management District (SCAQMD) rule 1168‟s definition of “tire tread adhesive.” The CTG was developed based upon SCAQMD rule 1168 and similar rules. Therefore, with regards to “tire retread” and “tire repair” processes, the OTC model rule and 9VAC5

- 45

- 640 are consistent with those rules upon which the CTG founded its recommendations.

The CTG does not distinguish between cleaning materials used for surface prepar ation and those used for cleaning application equipment, but the OTC model rule does make

this distinction.

The recommendations for roof membranes in the CTG do not extend to field applied materials, because: (1) field

- applied adhesives are not part of the miscellaneous industrial adhesives category and are therefore not covered by this CTG, and (2 )

nonmembrane roof installation and repair adhesive

, and ethylene propylene diene monomer ( EPDM ) described in the comments received on the draft CTG are field applied products and are therefore not included in the miscellaneous industrial adhesives category. To the extent the recommendations in the OTC model rule sets limits for EPDM single

- ply roof membranes it makes a recommendation beyond those in the CTG.

It appears that the inclusion of “m otor vehicle glass bonding primer” in the CTG covers a26

slightly broader cl ass of adhesives primers than “a utomotive glass adhesive primer.”

The OTC model rule includes wood in the definition of “porous material” while th e CTG does not and has a separate limit for wood. The CTG‟s recommended definition was made in the absence of limits for sealants and sealant primers and specifically excludes wood from being considered a porous material.

III. Requirements

(1) The OTC model rule applies to any person who sells, supplies or offers for sale any adhesive, sealant, adhesive primer or sealant primer manufactured on or after January 1,

2009 , or manufacture for sale any adhesive, sealant, adhesive primer or sealant primer in excess of the applicable VOC content limits specified in Table 1. The CTG does not apply to people who sell or manufacture these coatings.

(2) The OTC model rule applies to any person who uses or applies (for compensation) any adhesive , sealant

, adhe sive primer or sealant primer that has an applicable VOC content limit specified in Table 1 that is not otherwise exempted

. The CTG only recommends application of the limits and requirements to facilities where the total actual

VOC emissions from all misc ellaneous industrial adhesive application processes, including related cleaning activities, at that facility are equal to or exceed 6.8 kg/day (15 lb/day), or an equivalent level such as 3 tons per 12

- month rolling period, before

consi deration of controls. The OTC model r ule covers “field applied adhesives” which

the CTG does not cover.

(3) Both the CTG and the OTC model rule have a table of content limits for the regulated products. See the comparison of table limits and discussion below.

(4) The CTG did not propose recommendations for VOC content or VOC composite vapor pressure limit s for cleaning materials. The OTC model rule and Article 6 of

9VAC5

- 45 contained the following limits for cleaning materials:

a. Limits the VOC content of the surface preparation solvent to less than 70 grams per liter;

b. L imits the VOC content of surface preparation solvent used in applying single

- ply roofing to a composite vapor pressure, excluding water and exempt compounds, not exceeding 45 mm Hg at 20 degrees C elsius;

c. L imits materials containing VOCs used to remove adhesives, sealants, or adhesive or sealant primers from surfaces unless the composite vapor pressure of the solvent used is less than 45 mm Hg at 20 degrees Celsius;

d. R equires spray applica tion equipment be cleaned in enclosed cleaning system s using cleaning solvents with less than or equal to 70 grams of VOC per liter of27 material, or by soaking parts in closed systems using and a solvent if the composite vapor pressure of the solvent, exclu ding water and exempt compounds, is less than or equal to 9.5 mm Hg at 20 degrees Celsius.

(5) Both the CTG and OTC model rule provide for the use of add

- on air pollution control equipment instead of meeting the solvent content limits. Both require that controls reduce VOC emissions by an overall capture and control efficiency of at least 85% by weight. The OTC model rule includes additional provisions to insure that the control equipment is operated properly.

(6) Both the CTG and OTC model rule requi re work practices to minimize emissions from cleaning operations. The CTG recommendations are more detailed while the OTC model rule is more general.

(7) The OTC model rule prohibitions the specification of non

- complying adhesives, sealants, adhesive pr imers, sealant primers, surface preparation or clean

- up solvents.

(8) The CT G also recommends that adhesive and adhesive primer s be applied using application methods with good transfer efficiency in conjunction with the use of low

VOC content adhesives. Specifically, the CTG recommends the following application methods: electrostatic spray, HVLP spray, flow coat, roll coat or hand application including non

- spray application methods similar to hand or mechanically powered caulking gun, brush, or direct h and application), roll coat, dip coat (including electrodeposition), airless spray, air

- assisted airless spray, or other coating application method capable of achieving good transfer efficiency. (Fi nal CTG, Section VI.B., page

19 )

. The CTG recommends appl ication methods with good transfer efficiencies for stationary facilities and does not make recommendations for field applied adhesives and

s ealants. The OTC model rule does not address application methods.

IV. Exemptions and Exceptions

(1) CTG and O TC model rule have similar exemptions for the following:

a. Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any research and development, quality assurance or analytical laboratory.

b. Cyanoacrylate adhesives.

c . Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of one pound or less, except plastic cement welding adhesives and contact adhesives.

d. Processes using polyester bonding putties to assemble fiberglass parts at fiberglass boat manufacturing facilities and at other reinforced plastic com posite28 manufacturing facilities.

e. In the assembly, repair and manufactur e of aerospace or undersea

- based

weapon systems.

f. Solvent welding operations used in the manufacture of medical devices.

(2) OTC model rule exemptions not in CTG:

a. Adhesives, sealants, adhesive primers and seala nt prim ers that are subject to

S ta te consumer product regulation. State consumer product regulations generally regulate the same categories as the Federal Regulation (of 40 CFR Part 59). Under section 183(e) the consumer products regulated by 40 CFR Part 59 can not be the same adhesive products and adhesive primers as those covered by the CTG, and, therefore this provision of the OTC model rule merely clarifies that here is no double regulation 1

.

b. Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied. This limit is less than any limit recommended by the CTG.

c. Contact adhesives that are sold or supplied by the manufacturer or supplier in

containers with a net volume of one gallon or less. Some California Air Districts have a similar size exemption but with additional conditions.

d. Tire repair operations, provided the label of the adhesive states " For tire repair only

. "

e. Plaque laminating operations in whic h adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992. Any person claiming exemption pursuant to this subparagraph shall record and maintain monthly operational records sufficient to demonstrate compliance with this exemption and in accordance with section (V) of this rule.

In addition, t he CTG recommends that these sources be subject to the work practices

recommendation.

(3) The OTC model rule exempts total VOC emissions from a ll adhesives, sealants, adhesive primers and sealant primers used at a facility that are less than 200 pounds per calendar year, or an equivalent volume. Any person claiming exemption pursuant to this subparagraph shall record and maintain monthly operati onal records sufficient to demonstrate compliance.

1 The latest listing of product categ ories regulated under section 183(e) of the CAA was published on May 16, 2006 (71 FR 28320).29

(4) The OTC model rule exempts adhesives, sealants, adhesive primers, sealant primers, cleanup solvents and surface preparation solvents provided the total volume of noncomplying adhesives, sealants, p rimers, cleanup and surface preparation solvents applied facility

- wide does not exceed 55 gallons per calendar year. Any person claiming exemption pursuant to this subparagraph shall record and maintain monthly operational

records sufficient to demonstrat e compliance. This is equivalent to 400 pound per year, while the CTG applicability starts at 6.8 kg/day (15 lb/day) or an equivalent level such as 3 tons (6000 pound) per 12

- month rolling period.

( 5 ) The OTC model rule exempts adhesive, sealant, adhesiv e primer or sealant primer intended for shipment and use outside of OTC State s or in Article 6 of 9VAC5

- 45

.

(6 ) The OTC model rule exempts any adhesive, sealant, adhesive primer or sealant primer that is controlled by add

- on air pollution control equipme nt.

V. Administrative Requirements

The OTC model rule contains detailed record keeping requirements for demonstrating compliance with the VOC content limits and recording the key operating parameters for the control equipment that must be maintained for five years. Any S tate rule for a CTG must contain monitoring and recordkeeping requirements.

VI. Compliance Procedures and Test Methods

Both the CTG and OTC model rule contain the same primary test methods and compliance procedures. The OTC mod el rule contains additional references to other relevant standard test methods for both solvent analysis and for determining compliance

of add

- on control equipment. Any S tate rule for a CTG must contain test methods for determining compliance.

VII. C ontainer Labeling

The OTC model rule requires labeling of product container with the maximum or actual VOC content of the product along with information concerning thinning of the product.

VIII. Emission Limit T able

The table below provides an analysis of the CTG recommended VOC emission limits for general and specialty adhesive application processes compared to the OTC model rule VOC content limits for adhesives, sealants, adhesive primers sealant primers and adhesives applied to particular substrates. Where there is no comparable limit the column is left blank. In the CTG recommendation column, categories with brackets { } around them indicates there is a difference in a definition or provision which differs from the

OTC model rule. Below the tabl e are series of “Notes” which discuss some of the30

differences between the OTC model rule and the CTG and refer back to some of the California adopted rules (CARB model rule) for which the OTC model rule was based

on.

Both the CTG and the OTC model rule were based on the California rulemaking efforts for this category and the CTG also bases its recommended emission limits on the OTC model rule (see CTG page 16, last paragraph). The CTG also states “we consider the limits in the OTC model rule to be repre sentative of what sources in nonattainment areas

nationwide can achieve technically and economically and have therefore adopted these

VOC limits as our recommendations in the CTG. ”

Table 1. VOC Content Limits for Adhesives, Sealants, Adhesive Primers, S ealant

Pr imers and Adhesives Applied to P articular Substrates 

### OTC Model Rule CTG Recommendation

Category VOC content limit (grams VOC per liter*) Category Recommend
ed VOC

Emission

Limit 1 (g/l)

Adhesives Specialty Adhesive Application Processes

ABS w elding 400 {Plastic Solvent Welding (ABS)} 400

Ceramic tile installation 130 Ceramic Tile Installation 130
Computer diskette jacket manufacturing 850

Contact bond [Note C] 250 {Contact Adhesive} [Note C] 250

Cove base installation 150 Cove Base In stallation 150
CPVC welding 490 {Plastic Solvent Welding (Except ABS)} {500}

Indoor floor covering

installation 150 Floor Covering Installation (Indoor) 150

Metal to
urethane/rubber molding or casting 850 Metal to Urethane/Rubber Molding or Casting 850

Motor Vehicle Adhesive [Note H] 250

Motor Vehicle Weatherstrip

Adhesive [Note H] 750

Multipurpose

construction 200 Multipurpose Construction 200

Nonmembrane roof installation/repair 30031



### OTC Model Rule CTG Recommendation

Other plastic cement welding 510 {Plastic Solvent Weldin g (Except ABS)} { 500 }

Outdoor floor covering

installation 250 Floor Covering Installation (Outdoor) 250

PVC welding 510 {Plastic Solvent Welding (Except ABS)} { 500 }

Single

- ply roof

membrane installation/repair [Note G] 250 Single

- Ply Roof Membrane

Inst allation/Repair (Except EPDM) 250

Structural glazing 100 Structural Glazing 100
Thin metal laminating 780 Thin Metal Laminating 780

Tire Repair [Note A] 100

Tire retread [Note A] 100

Perimeter bonded sheet vinyl flooring installation 660 {Floor Covering Installation (Perimeter Bonded Sheet Vinyl)} [Note C] 660

Waterproof resorcinol glue 170 Waterproof Resorcinol Glue 170

Sheet

- applied rubber

installation 850 {Sheet Rubber Lining Installation} [Note C] 850

Sealants

Architectura l 250

Marine deck 760

Nonmembrane roof installation/repair 300

Roadway 250
Single

- ply roof

membrane 450

Other 420

Adhesive Primers Adhesive Primer Application Processes

Automotive glass [Note G] 700

Motor Ve hicle Glass Bonding Primer [Notes B and G] 900

Plastic cement welding 650 {Plastic Solvent Welding Adhesive Primer} [Note C] 65032



### OTC Model Rule CTG Recommendation

Single

- ply roof

membrane 250 Single

- Ply Roof Membrane

Adhesive Primer [Note B] 250

Traffic marking tape 150

Other [Note G] 250 Other Adhesive Primer [Note B] 250

Sealant Primers

Non

- porous architectural 250

Porous architectural 775

Marine deck 760

Other 750

Adhesives Applied to
the Listed Substrate [Notes E and H] General Adhe sive Application Processes 2 [Note E]

Flexible vinyl [Note H] 250 Flexible vinyl 250
Fiberglass [Notes F & H] 200
Reinforced plastic composite [Note F] [Note F] 200

Metal [Note H] 30 Metal 30

Porous material (Including wood) [Note H] 120 Porous Material (Excluding Wood) 120

Rubber [Note H] 250 Rubber 250

Other substrates [Note H] 250 Other Substrates 250

Wood 30

* The VOC content is determined as the weight of volatile compounds, less water and exempt compounds as specified in Section VI of this rule.

1 Emission limits are mass of VOC per volume of adhesive or adhesive primer, excluding water and exempt compounds.

2 If an adhesive is used to bond dissimilar substrates together, then the applicable substrate cate gory with the highest VOC emission limit is recommended as the limit for such application. The analogous provision in the OTC Model Rule is found in Section III. (3) of that rule.

Notes : A. The CTG is inconsistent with the State rules cited in Appendi x B in that none of these rules set a limit for “tire repair” adhesives (as that term is defined in each of these rules) but rather set a limit for “tire retread(ing) adhesives” which is the same as the 100 g VOC/liter limit in the OTC model rule (which is as expected since this rule is based upon one or more of the California rules).

B. The CTG has the words “Adhesive Primer” in its table whereas in the OTC

model rule this is to be understood from the sub

- heading.33 C. The CTG and OTC Model Rule use slightly different terms to cover the same processes or products.

- The CTG uses the term “Floor Covering Installation (Perimeter Bonded Sheet Vinyl)” to cover what the OTC Model Rule covers as “Perimeter Bonded Sheet Vinyl.”

- The term “Sheet

- applied rub ber installation” in the OTC Model Rule means the same thing as “Sheet Rubber Lining Installation” in the CTG.

- “Contact bond” adhesive and ““Contact adhesive” would appear to be the same thing. Both the OTC Model Rule and the CTG definitions for “Contact bond

adhesive” are the same and both use “Contact adhesive” within this definition to refine its scope.

- The OTC Model Rule uses “Plastic Cement Welding Adhesive Primer” where the CTG uses “Plastic Solvent Welding Adhesive Primer” for the same product/pro cess.

D. The inclusion of the category “plastic adhesive primer” in the Draft CTG was an error. This category has been removed from the final CTG.

E. The OTC model rule uses the term “Adhesives Applied to the Listed

Substrate” where the CTG uses the t erm “General Adhesive Application Processes.”

F. The CTG covers more materials with the broader definition of “ Reinforced plastic composite” than the OTC model rule if the latter considers “fiberglass” to means fine glass fibers in a plastic resin. But the OTC rule defines “fiberglass” as a material consisting of extremely fine glass fibers; thus, a “fiberglass substrate adhesive” could be interpreted as meaning an adhesives used to bond glass fibers together or to another listed

substrate. The OTC def

inition is consistent with several California AQMD rules such as SCAQMD Rule 1168, Sacramento Metropolitan AQMD Rule 460; other California AQMDs do not define “fiberglass”

– e.g., San Diego County AQMD rule 67.21; however, Ventura County AQMD Rule 74

- 20 de fines fiberglass as “...any fiber reinforced plastic (FRP) surface that has fiber material set in a binding substance of plastic resins” which appears to be the functional equivalent of the final CTG‟s definition of “Reinforced plastic composite.”

G. To th e extent the OTC Model Rule limit for “Automotive glass adhesive primers” and the recommendation in the final CTG for “Motor Vehicle Glass Bonding Primer” both cover the same material or process the recommendation in the OTC model rule is more stringent. To the extent that the definition of recommendation in the final CTG for “Motor Vehicle Glass Bonding Primer” covers more processes or operations the recommendation in the final CTG would be more stringent except the OTC model rule may cover any additional products under the other primer category. The recommendation in the OTC model rule for applying an “Automotive glass adhesive34

primer” to automotive glass is clearly more stringent. However, recommendation in the CTG for “Motor Vehicle Glass Bonding Prim er” would cover primers applied to “ body openings ” prior to the application of glass bonding adhesives or the installation of adhesive bonded glass. Body openings may include substrates such as bare metal or plastic as well as the glass itself. To the ex tent the limit for “other adhesive primers” covers “Motor Vehicle Glass Bonding Primers” other than those when applied to automotive glass, the recommendation in the OTC model rule would seem to be more stringent.

H. Whether the recommendation in the OTC model rule is equal to, less stringent or more stringent than the recommendations in the CTG for these categories depends upon whether the OTC model rule covers these applications under the “Adhesives Applied to the Listed Substrate” and which limit appli es. The applicable limit depends upon what substrates are involved. The OTC model rule allows compliance to the higher of two applicable substrate limits when bonding dissimilar substrates. In no case is an OTC limit for any “listed substrate” greater than that recommended in the CTG for “Motor Vehicle Adhesives” and “Motor Vehicle Weatherstrip Adhesives;”as such, the OTC model rule would seem to be more stringent.

I. The OTC Model rule applies a limit to ethylene propylene diene monomer (EPDM) roof membranes. The CTG excluded EPDM membranes from the VOC recommendation for “Single

- Ply Roof Membrane Installation/Repair” specialty adhesives based upon comment that such limits could not be met for field applied EPDM. Some

OTC States have limited the C TG recommendation for May 1 to September 30 for two years and then set the limit year

- round after that.

IX. Conclusions

The OTC Model rule and specifically, Article 6 of 9VAC5

- 45

, for adhesives and sealants

and the 2008 CTG for miscellaneous industrial adhesives were developed to address the

emissions of VOC from adhesives

. The CTG was developed with a restriction that it only applies to larger sources with manufacturing operations that use these types of products. Whereas, the OTC model rule includes these sources as well as smaller operations, operations performed in the field and also regulation of the manufacture, distribution and sale of the products themselves. The OTC model rule also regulates sealants and sealant primers which are not included in the CTG because they were not categorized with miscellaneous industrial adhesives under section 183(e)

.

The CTG and the OTC model rule exemption categories are very simila r though some differences exist, but the CTG recommends that exempted operations be subject to work practices. The OTC model rule does not include work practices. T he work practices

benefit cannot be quantified and in these instances, generally appl y to lower usage source categories so very few emission reductions are missed by not i ncluding these requirements. The OTC model rule contains an exemption provision which is in fact a de facto applicability level that equates to 400 pounds per year of VOC emissions which is less than the CTG‟s yearly limit of 3 tons per year. The model r ule‟s 400 pounds per35

year exclusion includes emissions from sealants and sealant primers and not just adhesives and their primers and therefore sets a lower numerical limit and includes more emissions subject to the applicability threshold.

T he CTG reco mmended work practices for cleaning materials included more activities

than the OTC model rule. However, s ome of the OTC clean

- up provisions are more stringent, i.e. limiting clean

- up solvent vapor pressure and VOC content, and cleaning of spray applicati on equipment; over all, the OTC requirements in terms of emission reductions are at least equivalent to or result in more emission reductions than the CTG

.

The CTG makes recommendations for application methods be used in conjunction with

the us e of low

- VOC content adhesives and adhesive primers to improve transfer efficiency. The OTC rule does not specify application methods. T he CTG recommendation goes to “stationary sources” above a cut

- off level only. The OTC model

rule was based on the CARB 1998 RACT and best available retrofit control technology (BARCT) determination for adhesives and s ealants which did not include the requirement for application methods. Virginia ‟ s proposed rulemaking states that 96 percent of the

adhesive and se alant VOC emissions in the OTC S tates fall into the area source category. This would appear to limit the benefit from improved transfer equipment. However, EPA

recommends that when the S tates evaluate RACT as required by section 182 (b) when implementing a revised 8 hour oz one standard 2 , that they review and evaluate the benefit of requiring improved methods for applying coatings regulated by the OTC model rule and specifically, Article 6 of 9VAC5

- 45

.

Overall, the CTG and the OTC model rule emission limits are similar with the exception of general adhesive for wood applications. T he CTG recommends a 30 g/liter limit for the wood substrate category whereas the OTC model rule covers wood under the “porous material” substrate category with a limit of 120 g/liter. I t is recomm ended that when the

S tates evaluate RACT as required by section 182 (b) when implementing a revised 8

- hour ozone standard, that they review the VOC content limit for wood adhesives

.

The CTG does not requi re S tate rules to match the line

- by

- line, item

- by

- i tem because it stated: “When State and local pollution cont rol agencies develop RACT rules; they may elect to adopt control approaches that differ from those described in this document and/or promulgate applicability criteria that differ from those recomm ended here.” (CTG p age 3.) For the most part the OTC Model rule and specifically, Article 6 of 9VAC5

- 45

, match the CTG‟s recommendations item by item. The OTC Model rule and specifically,

Article 6 of 9VAC5

- 45 , requires the emission limitations apply to a wider universe of sources and to manufacturers and distributors of adhesives and primers. The OTC Model rule and specifically, Article 6 of 9VAC5

- 45 , sets standards for clean

- up and surface preparation solvents in lieu of the application methods and al l work practice recommendations in the CTG. Overall, EPA can conclude the OTC Model rule and

2 See 75 FR 2938, January 19, 2010; In this proposed rule, March 2008, based upon reconsideration of the primary and secondary ozone standards, EPA proposed to set different primary and secondary standards than those promulgated in March 2008 to provide requisite protection of public health and welfare, respectively.36

specifically, Article 6 of 9VAC5

- 45 , meets the requirement for RACT in this source

category.