ENVIRONMENTAL PROTECTION 

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N.J .S.A . 13:1E-1 et seq., 

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ENVIRONMENTAL REGULATION 

Air Quality Management 

Prevention of Air Pollution from Consumer 

Products, TBAC Emissions Reporting, Prevention 

of Air Pollution from Adhesives and Sealants 

Proposed Amendments: N .J .A.C. 7 :27-8.1, 16.1, 17.1, 18.1, 19.1, 21.1, 22.1, 23.2, 24.1 through 24.10, 24.12, and 25.1 ; 7:27A-3.2 and 3.10 ; and 7 :27B-3.1 

Proposed Repeal: N.J .A.C. 7:27-24.11 

Proposed New Rules: N.J .A.C. 7:27-26 and 34 

Authorized By: Lisa P. Jackson, Commissioner, Department of Environmental Protection . 

Authority : N.J.S .A. 13 :1B-3(e), 13 :1D-9 and 26:2C-1 et seq ., in 

particular 26:2C-8 . 

Calendar reference : See Summary below for explanation of exception 

to calendar requirement. 

DEP Docket Number: 20-07-10/642 . 

Proposal Number: PRN 2007-337 . 

A public hearing concerning this rule proposal and a proposed State Implementation Plan (SIP) revision will be held on: 

Monday, December 10, 2007 at 10 :00 A.M. at : 

New Jersey Department of Environmental Protection 

Hearing Room, lst Floor 

401 East State Street 

Trenton, New Jersey 08625 

Directions to the hearing room may be found at the Department's 

website address httn ://www.state nj us/den/where htm. 

Submit written comments by January 4, 2008 to : 

Alice A. Pievite, Esq. 

Attention: DEP Docket No. 20-07-10/642 

Office of Legal Affairs 

New Jersey Department of Environmental Protection 

401 East State Street 

PO Box 402 

Trenton, NJ 08625-0402 

Written comments may also be submitted at the public hearing. It is 

requested (but not required) that anyone submitting oral testimony at the 

public hearing provide a copy of any prepared text to the stenographer at the hearing. 

The Department of Environmental Protection (Department) requests 

but does not require that commenters submit comments on diskette or CD 

as well as on paper. The Department prefers Microsoft Word 6 .0 or 

above. Macintosh formats should not be used . Each comment should be identified by the applicable N.J.A.C . citation, with the commenter's name and affiliation following the comment. 

This rule proposal can be viewed or downloaded from the 

Department's web site at htto ://www state .ni us/dep . 

The agency proposal follows : 

PROPOSALS 

Summary 

Since the Department has provided a 60-day comment period on this proposal, the proposal is excepted from the rulemaking calendar 

requirement pursuant to N.J.A .C . 1 :30-3 .3(a)5 . 

The Department is proposing new rules and amendments that will reduce the emissions in New Jersey of volatile organic compounds (otherwise referred to as VOCs), which are precursors to the formation of 

ozone from a variety of commercial and consumer products . These 

proposed new rules and amendments will also limit the use of certain 

chlorinated toxic air contaminants in a number of consumer products . The 

proposed amendments will also amend the Department's definition of "volatile organic compound" or "VOC" throughout Chapters 27, 27A and 27B to match the 'current partial exemption by the United States Environmental Protection Agency (USEPA) of tertiary butyl acetate (also known as t-butyl acetate, or informally as TBAC or TBAc). The proposed amended definition of "VOC" also incorporates by reference the USEPA's definition of "VOC;" as supplemented or amended, in order that the Department's definition will continue to match the USEPA's definition, even if the USEPA's definition changes . The proposed new rules will add a TBAC emissions-reporting requirement for manufacturers of TBAC or products containing TBAC, consistent with this partial exemption by the USEPA. . 

Background 

Ozone . occurs naturally in the upper regions of the atmosphere (stratosphere) and is critical to shielding the Earth from the Sun's harmful 

ultraviolet radiation. However, in the lower atmosphere (troposphere) 

ozone is a harmful air pollutant formed by complex chemical reactions 

involving volatile organic compounds and oxides of nitrogen (NOx) in the presence of sunlight . 

The USEPA established a health-based National Ambient Air Quality 

Standard (NAAQS) for eight-hour ozone at 0 .08 parts per million (ppm) . 

The entire State of New Jersey was designated by the USEPA as nonattainment for the eight-hour ozone National Ambient Air Quality 

Standard. The northern New Jersey nonattainment area includes the New York, New York metropolitan area and portions of Connecticut ; the 

southern New Jersey nonattainment area includes the Philadelphia, 

Pennsylvania metropolitan area, all of Delaware and a portion of Maryland. 

Volatile organic compounds are chemicals or mixtures of chemicals 

that evaporate easily at room temperature . Sources of those volatile organic compounds that form ozone are vehicle and industrial exhaust ; 

evaporation of gasoline; a variety of consumer and commercial products including paints, solvents, adhesives, carpeting, deodorants, cosmetics, 

cooking, hair products, cleaning fluids, commercial adhesives and sealants and products used in automotive maintenance and repair 

activities; as well as biogenic emissions . In addition to contributing to the 

formation of ozone, some volatile organic compounds are harmful if 

directly inhaled. 

The Department worked with the other member jurisdictions of the 

Ozone Transport Commission (OTC) to develop rules to address these 

sources of volatile organic compounds emissions. The Ozone Transport 

Commission is made up of representatives of 12 northeastern and midAtlantic states, including New Jersey, and the District of Columbia. The 

Ozone Transport Commission's mission is, in part, to develop and 

recommend control measures that can be applied within the Ozone 

Transport Region (OTR) to make progress toward attaining the National 

Ambient Air Quality Standard for ozone. The Department's existing rules 

at N.J .A.C . 7:27-24, Prevention of Air Pollution from Consumer Products, are based on prior model rules developed by the Ozone 

Transport Commission. These proposed new rules and amendments 

further the underlying goal of reducing the emission of volatile organic compounds and chlorinated toxic air contaminants from these consumer and commercial products . 

Consumer Products (chemically formulated consumer products and 

portable fuel containers) 

Consumer products are those items sold to retail customers for personal, household, or automotive use . The category also includes the 

(CITE 39 N.J .R 4492) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

products marketed by wholesale distributors for use in commercial or 

institutional settings, such as beauty shops, schools and hospitals. 

Volatile organic compounds are emitted from these products as the result 

of the evaporation of propellant and organic solvents during use. 

Chemically formulated consumer product categories include hundreds of 

individual products, including personal care products, household 

products, automotive aftermarket products, products used in the 

maintenance and repair of motor vehicles, adhesives and sealants, 

insecticides regulated under the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), 7 U.S .C . §§136 et seq., and other 

miscellaneous products . 

The Department regulates consumer products at N.J .A .C . 7 :27-24 . The 

USEPA's rule for consumer products is at 40 CFR 59.401 to 59.413 . In 

addition to chemically formulated consumer products, the group of 

products the Department refers to in iis rules as "consumer products" also 

includes portable fuel containers (PFCs), otherwise known as "gas cans," 

from which volatile organic compounds may be emitted when gasoline or 

other fuels are poured out of the container or are stored in the container . 

The Department's rules control emissions from chemically formulated 

consumer products by establishing limits on the volatile organic 

compound content of the products . The Department's existing rules for 

portable fuel containers control emissions by requiring these containers to 

meet performance standards to reduce volatile organic compound 

emissions, 

Chemically formulated consumer products 

The USEPA's consumer and commercial products regulations, 

promulgated in 1998 (40 CFR Part 59), set volatile organic compound 

formulation limits for certain consumer products . Since the Federal 

regulations did not regulate more than half of the inventory of volatile 

organic compounds-emitting products, in 2001, the Ozone Transport 

Commission developed a model rule for consumer products . This model 

rule, upon which the Department based the chemically formulated 

consumer products provisions in its existing consumer products rules 

(adopted in 2004), regulated additional consumer product categories and 

specified more stringent volatile organic compound content limits than 

the Federal rule. Because the'California Air Resources Board (CARB) 

had already addressed volatile organic compound emissions from 

consumer products that the USEPA had not, the Ozone Transport 

Commission's 2001 model rule for consumer products closely mirrored a 

series of CARB's consumer products rules . The Ozone Transport 

Commission's 2001 model rule included categories such as hairspray, air 

fresheners, glass and general-purpose cleaners, adhesives, anti-perspirants 

and deodorants, insecticides and automotive aftermarket products . 

CARB amended its consumer products rules in July 2005, establishing 

volatile organic compounds limits for 11 new categories of consumer 

products and establishing a more restrictive volatile organic compound 

limit for one previously regulated category . CARB also established 

restrictions on the use of paradichlorobenzene and three other chlorinated 

toxic air contaminants, methylene chloride (an exempt volatile organic 

compound), perchloroethylene (an exempt volatile organic compound), 

and trichloroethylene, in a number of existing and new product 

categories . Paradichlorobenzene is widely used as an air freshener in 

toilet and urinal deodorant blocks, as a solid air freshener, and also as the 

main ingredient in moth balls. The effective date for the new volatile 

organic compound limits and other requirements in CARB's amended 

regulations is December 31, 2006, with one- and three-year sell-through 

provisions for properly dated products . This means that a properly dated 

product that complies with the rules in effect at the time of manufacture, 

even if those rules were less stringent than the rules in effect at the time 

of sale, can be sold for one year (or three years, depending on the 

product) from the effective date of the rules. Thereafter, only fully 

compliant products can be sold . 

As a result of, and based upon, CARB's 2005 amendments, the Ozone 

Transport Commission amended its 2001 model rule . The Ozone 

Transport Commission's 2007 model rule includes an effective date of 

January 1, 2009, with optional sell-through provisions . The Ozone 

Transport Commission's 2007 model rule does not include CARB's 

second tier standards for antistatic aerosols and shaving gels, in effect as 

of December 31, 2008, and December 31, 2009, respectively . 

ENVIRONMENTAL PROTECTION 

The Department's proposed new and amended rules for chemically 

formulated consumer products rules are based upon the Ozone Transport 

Commission's 2007 model rule, The proposed rules provide for unlimited 

sell-through for some products (consistent with the Department's existing 

rules), and a three-year sell-through for those containing paradichlorobenzene, 

methylene chloride, percliloroethylene- and trichlomethylene. Accordingly, 

products manufactured prior to January 1, 2009 that do not meet the new 

volatile organic compound limits can continue to be sold in New Jersey if they 

comply with the rules in effect at the tune they were manufactured, and if they 

display the date or a code representing the date they were manufactured. 

CARB prepared substantial technical documentation as part of its 

rulemaking, in which it set forth the technical basis for its volatile 

organic compound content limits . The Department reviewed the CARB 

volatile organic compound limits and data for applicability in the 

Ozone Transport Region, including New Jersey, and agreed with the 

conclusions . Accordingly, the within proposed chemically formulated 

consumer products rules and amendments ~ include all of CARB's new 

standards, with the exception of the tier 2 standards for aerosol antistatic products and shaving gel . To maximize consistency and 

uniformity of the products, most volatile organic compound limits, 

definitions, exemptions and flexibility options in the proposed new 

rules and amendments are the same as those used in California. The 

Department identifies the variations in the summary of each proposed 

section. For more details on the Ozone Transport Commission's 2007 

model rule, see the Ozone Transport Commission Technical Support 

Document and the model rule posted on the Ozone Transport 

Commission website at )1ttt) ://www.otcair .org . 

Tables 1 through 4 below identify the chemically formulated consumer 

products that are affected by the proposed 'rules . Table 1 identifies new 

categories with VOC limits ; Table 2 identifies the single category 

regulated under the existing rules for which the Department is proposing 

a more restrictive VOC limit ; Table 3 identifies those categories in the 

existing rules that are proposed to have additional air toxics requirements ; 

and Table 4 identifies new categories of chemically formulated consumer 

products, which are proposed to have air toxics requirements . 

Table 1 

New Categories with Volatile Organic Compounds (VOC) Limits 

Adhesive Remover (four 

subcategories) 

Anti-Static Product 

Electrical Cleaner 

Electronic Cleaner 

Fabric Refresher 

Footwear or Leather Care 

Product 

Hair Styling Product* 

Graffiti Remover 

Shaving Gel 

Toilet/Urinal Care Product 

Wood Cleaner 

Table 2 

Previously Regulated Category with More Restrictive 

Volatile Organic Compounds (VOC) Limit 

Contact Adhesive* * 

Table 3 

Previously Regulated Categories with Additional Air Toxics 

Requirements 

Air Freshener, Solid General Purpose Degreaser 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R. 4493) 
ENVIRONMENTAL PROTECTION 

Table 4 

New Categories with Air Taxies Requirements 

Contact Adhesive Adhesive Remover 

Electronic Cleaner Electrical Cleaner 

Footwear or Leather Care Graffiti Remover 

Product 

General Purpose Degreaser Automotive Consumer Product 

Toilet/Urinal Care Product 

* This product category will incorporate Hair Styling Gel and include 

additional forms of hair styling products (that is, liquid, semi-solid, and 

pump spray) but does not include Hair Mousse, Hair Shine or Hair Spray. 

The Department does not propose to amend the existing VOC limits for 

Hair Mousse, Hair Shine or Hair Spray. 

** This product category has been separated into two subcategories: General 

Purpose and Special Purpose 

Portable fuel containers 

The Department's consumer products rules at N.J .A.C . 7:27-24 also 

address portable fuel containers . Portable fuel containers are designed for 

transporting and storing fuel from retail distribution to the point of use 

and the eventual dispensing of the fuel into equipment. Commonly 

referred to as "gas cans," these products come in a variety of shapes and 

sizes, with nominal capacities from under one gallon to over six gallons . 

Fuel stored in portable fuel containers is a significant source of air 

pollution in New Jersey and throughout the United States . Volatile 

organic compound emissions from portable fuel containers are classified 

by five different activities : permeation emissions, which are fuel 

molecules that escape through the wall of the portable fuel containers; 

diurnal emissions, which are stored fuel molecules that escape to the air 

through any opening of the portable fuel containers ; transport-spillage 

emissions, which are fuel vapors produced from any accidental discharge 

of a fuel while the fuel is being transported to another destination ; 

spillage emissions, which are fuel vapors produced when fuel is being 

distributed from a container to another source; and refueling-vapor 

displacement emissions, which are fuel vapors that escape when a fuel 

tank or fuel container is being refueled from a portable fuel container. Of 

these, the diurnal emissions are the largest source of volatile organic 

compounds. 

CARB established design and manufacturing specifications for 

portable fuel containers in its 2000 portable fuel containers regulations 

(13 CCR 2467). The Ozone Transport Commission developed a model 

rule for portable fuel containers in 2001, based on the CARB 2000 

regulations. The Department's existing portable fuel container rules are 

based on the Ozone Transport Commission's 2001 model rule . Since 

then, CARB amended its regulations in two phases . The first phase of 

these amendments, effective February 12, 2006, addressed the use of 

utility jugs and kerosene containers that are sometimes used by 

consumers for gasoline, The second phase of the amendments, effective 

October l l, 2006, est)lished a certification program for portable fuel 

containers, and changed the performance standards for certification. 

CARB made these changes in response to the problematic nature of the 

cans that were made to meet these standards. Specifically, CARB 

eliminated the requirement for an automatic shutoff, fuel flow rate and 

fill level standards, as well as the one-opening standard. In addition, 

CARB changed the permeability standard from 0.4 grams reactive 

organic gas (ROG) /gallon-day to 0.3 grams/gallon-day . The Ozone Transport Commission amended its 2001 model rule based 

on CARB's 2006 amendments. The Department bases its proposed 

amendments to its portable fuel container rules on the Ozone Transport 

Commission's 2007 model rule. For more details on the Ozone Transport 

Commission's 2007 model rule for portable fuel containers, see the 

Ozone Transport Commission Technical Support Document and the 

model rule posted on the Ozone Transport Commission website at 

httn ://www .otcair.org . 

PROPOSALS 

The Department's proposed rules require that portable fuel containers 

and/or spouts must be certified or exempted by either CARB or the 

USEPA as meeting their performance standards, as evidenced by the 

issuance of a CARD Executive Order or USEPA documentation to that 

effect. Manufacturers of portable fuel containers and spouts must comply 

with the proposed rules by 30 days after the operative date of the rules . 

Consistent with similar provisions in CARB's portable fuel container 

rules, the Department's proposed rules provide additional time (up to one 

year after the operative date of the rules) for a portable fuel container or 

spout that is labeled or designated for use solely with kerosene to come 

into compliance with the certification requirements, if it displays the date 

of manufacture or a manufacture date-code. The proposed rules allow the 

manufacturers of these kerosene containers, who are not regulated by the 

Department's existing portable fuel container requirements, time to 

redesign their products to comply with the proposed rules. 

The proposed new rules and amendments for consumer products (both 

chemically formulated consumer products and portable fuel containers) 

will primarily impact manufacturers of portable fuel containers . In order 

to comply with the rules, manufacturers may have to reformulate or 

redesign some of their products in order to meet the new requirements, or 

refrain from selling the products in New Jersey for use in New Jersey. 

Distributors, suppliers and retailers will need to ensure proper distribution 

and sale of the products . 

Adhesive and Sealants (commercial products) 

In general, an adhesive is any material used to bond two surfaces 

together . A sealant is a material with adhesive properties that is used 

primarily to fill, seal, waterproof or weatherproof gaps or joints between 

two surfaces . Adhesives, sealants, adhesive primers, and sealant primers 

are used in product manufacturing, packaging, construction, and 

installation of metal, wood, rubber, plastic, ceramics, or fiberglass 

materials . 

Emissions of volatile organic compounds from adhesives result from 

evaporation of solvents during transfer, drying, surface preparation and 

cleanup. These solvents are the media used to solubilize the adhesive, 

sealant, or primer material so that it can be applied . The solvent is also 

used to completely wet the surface to provide a stronger bond. In plastic 

pipe bonding, the solvent dissolves the polyvinyl chloride pipe 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 also 

contribute to volatile organic compounds emissions . Volatile organic 

compounds emissions in this category are primarily from industrial and 

commercial operations, such as wood product manufacturers, upholstery 

shops, adhesives retailers and architectural trades, such as building 

construction, floor covering installation and roof repair . 

The consumer products rules promulgated by the USEPA, CARB, and 

the Department, and the Ozone Transport Commission's 2001 consumer 

products model rule, all regulate "household" adhesives, as distinguished 

from the commercial application described above. CARB developed a 

model rule for adhesives and sealants sold in larger containers and used 

primarily in commercial and industrial applications, titled "Determination 

of Reasonably Available Control Technology (RACT) and Best 

Available Retrofit Control Technology (BARCT) for Adhesives and 

Sealants," dated December 1998, for use by the California Air Pollution 

Control Districts. This CARB model rule regulates the application of 

adhesives, sealants, adhesive primers and sealant primers by providing 

options for appliers to either use a product with a volatile organic 

compound content equal to or less than a specified limit or to use add-on 

controls . The CARB model rule also sets volatile organic compounds 

limits for certain categories of adhesives and sealants, has requirements 

for cleanup solvents and surface preparation solvents and requires that 

materials containing volatile organic compounds must be stored and 

disposed of in closed containers . A number of California Air Pollution 

Control Districts have used the CARB model as the basis for their 

regulations to limit the volatile organic compounds content of adhesives 

and sealants . The Ozone Transport Commission developed a model rule 

in 2007 based on CARB's 1998 model rule. 

The Department's proposed new rules for adhesives are based on the 

Ozone Transport Commission's 2007 model rule, and will regulate 

adhesives sold in larger containers and used primarily in commercial and 

(CITE 39 N.J .R. 4494) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

industrial applications . For more details on the Ozone Transport 

Commission's 2007 model rule see the Ozone Transport Commission 

Technical Support Document and the model rule posted on the on the 

Ozone Transport Commission website at http ://www.otcair .or¢ . 

Table 5 below identifies the categories of adhesives and sealants 

affected by the proposed rules and amendments. 

Table 5 

Categories of Adhesives and Sealants Affected by the Proposal 

Adhesives 

ADS welding 

Ceramic tile installation 

Computer diskette jacket manufacturing 

Contact bond 

Cove base installation 

CPVC welding 

Indoor floor covering installation 

Metal to urethane/rubber molding or casting 

Multipurpose construction 

Nonmembrane roof installation/repair 

Other plastic cement welding 

Outdoor floor covering installation 

PVC welding 

Single-ply roof membrane installation/repair 

Structural glazing 

Thin metal laminating 

Tire retread 

Perimeter bonded sheet vinyl flooring installation 

Waterproof resorcinol glue 

Sheet-applied rubber installation 

Sealants 

Architectural 

Marine deck 

Nonmembrane roof installation/repair 

Roadway 

Single-ply roof membrane 

Other 

Adhesive Primers 

Automotive glass 

Plastic cement welding 

Single-ply roof membrane 

Traffic marking tape 

Other 

Sealant Primers 

Non-porous architectural 

Porous architectural 

Marine deck 

Other 

Adhesives Applied to the Listed Substrate 

Flexible vinyl 

Fiberglass 

Metal 

Porous material 

Rubber 

Other substrates 

ENVIRONMENTAL PROTECTION 

Reducing chlorinated toxic air contaminants 

As discussed above, the proposed new rules and amendments prohibit 

the use of paradichlorobenzene and three other chlorinated toxic air 

contaminants or "air toxics" (methylene chloride, also known as 

chloromethane, dichloromethane or MeCl; perchloroethylene, also known 

as tetrachloroethylene or perc; and trichloroethylene, also known as 

trichlorethene or ICE) in certain products manufactured or sold after 

January 1, 2009 . Paradichlorobenzene, methylene chloride, 

perchloroethylene and trichloroethylene are also regulated by the USEPA 

and the Department as hazardous air pollutants (HAPs). Methylene 

chloride, perchloroethylene and trichloroethylene are also regulated by 

the Department as toxic substances (TXS) at N.J .A .C. 7:27-17 . 

The Department's existing consumer products rules, based on the 

Ozone Transport Commission's 2001 consumer products model rule, 

already ban the use of methylene chloride, perchloroethylene and 

trichloroethylene in some consumer products . The proposed new rules 

and amendments expand that prohibition to even more consumer 

products, based on the Ozone Transport Commission's 2007 model rule 

for consumer products, and to automotive, consumer products, based on 

CARB's airborne toxic control measure for emissions of chlorinated toxic 

air contaminants from automotive maintenance and repair activities 

(CARB's automotive consumer products rules at 17 CCR 93111) . 

CARB's recent amendments and the Ozone Transport Commission's 

2007 model rule for consumer products also address the use of 

paradichlorobenzene in air fresheners (solid) and toilet/urinal products . 

Perchloroethylene is a solvent commonly used in automotive 

consumer products, such as brake cleaners . Methylene chloride and 

trichloroethylene are also occasionally used as solvents in automotive 

consumer products . The Department proposes to prohibit the use of these 

chlorinated toxic air contaminants in contact adhesive, electronic cleaner, 

footwear or leather care products, general purpose degreasers, adhesive 

remover, electrical cleaner, graffiti remover and automotive consumer 

products . 

According to CARD (2000, Staff Report : Initial Statement of Reasons, 

www. arb . ca . eov/regact/amr/notice .ndf) : 

Exposure to perchloroethylene (tetrachloroethylene) or 

trichloroethylene may result in both cancer and non-cancer (acute and 

chronic) health effects to off-site receptors and on-site workers . The 

primary route of human exposure for these compounds is inhalation . 

Non-cancer effects from exposure to perchloroethylene include headache, 

dizziness, rapid heartbeat, and liver and kidney damage. Non-cancer 

effects from exposure to methylene chloride include cardiac arrhythmia 

and loss of consciousness . Non-cancer effects from exposure to 

trichloroethylene include headache, nausea, tremors, and respiratory 

irritation. 

The USEPA's Technology Transfer Network (TTN) Air Toxics 

Website fact sheets for methylene chloride, perchloroethylene 

(tetrachloroethylene) and trichloroethylene include health impacts for 

these chlorinated toxic air contaminants and are available at 

http!//www .epa .gov/ttnatw0l/lilthef/hapindex .html. 

The Department is proposing amendments to N.J .A.C . 7 :27-24 to 

reduce the amount of methylene chloride, perchloroethylene, and 

trichloroethylene entering the environment by reducing the use of these 

chlorinated toxic air contaminants in the automotive consumer products 

industry in New Jersey, and in a number of other consumer products . The 

proposed amendments will require the manufacturers of these consumer 

products to switch to alternative technologies that use cleaning agents 

other than methylene chloride, perchloroethylene and trichloroethylene. 

The proposed amendments permit the sale of products containing 

chlorinated toxic air contaminants through December 31, 2011, if the 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R . 4495) 
ENVIRONMENTAL PROTECTION 

products display a date or date code indicating manufacture before 

January 1, 2009 . 

When CARB initially promulgated its rule limiting the use of 

methylene chloride, perchloroethylene, and trichloroethylene, one 

common substitute was n-hexane. According to the USEPA 

(www.epa . eov/ttn/atw/hlthef/hexane .html) : 

Acute (short-term) inhalation exposure of humans to high levels of 

hexane causes mild central nervous system (CNS) effects, including 

dizziness, giddiness, slight nausea, and headache. Chronic (long-term) 

exposure to hexane in air is associated with polyneuropathy in humans, 

with numbness in the extremities, muscular weakness, blurred vision, 

headache, and fatigue observed. 

Because of concerns with the health effects of n-hexane, CARB issued 

a health hazard advisory. (See httQ ://www .dhs .ca .gov/ohbmSIS/ 

nhexane .ndfl Fortunately, other less toxic formulations are available 

(httv ://www.irta .uslDTSC%20Auto%20Repair%20Renort.odfl . The users 

of automotive cleaning and degreasing products should review the 

material safety data sheets (MSDS) for the products they use, in order to 

become aware of the health risks . They should also be sure to follow the 

instructions on the product label . 

The Department anticipates that the proposed rules will significantly 

reduce emissions of these chlorinated toxic air contaminants from 

consumer products, resulting in significantly reduced health risks to the 

public . 

The definition of volatile organic compounds 

This proposal addresses a discrepancy between the Department's 

definition of "volatile organic compound" or "VOC" and the definition of 

that term by the USEPA concerning the exemption of TBAC, and 

eliminates any future discrepancies . Consistent with the recent 

amendments to USEPA's definition of VOC which exempted TBAC 

from emission requirements but not from reporting requirements, this 

proposal includes new rules at N.J .A,C. 7 :27-34 that adds a reporting 

requirement for those who manufacturer TBAC or TBAC-containing 

products that will be bought and used in New Jersey . 

The Department proposes to amend the definition of "volatile organic 

compound" or "VOC" in every subchapter in Chapters 27, 27A and 27B 

of Title 7 in which it appears, by incorporating by reference the USEPA's 

definition of this term at 40 CFR 51 .100(s) . The USEPA defines VOC as 

"any compound of carbon, excluding carbon monoxide, carbon dioxide, 

carbonic acid, metallic carbides or carbonates, and ammonium carbonate, 

which participates in atmospheric photochemical reactions ." At 40 CFR 

51 .100(s)(1), USEPA sets forth a list of organic compounds that have 

been determined to have negligible photochemical reactivity, and 

specifically exempts them from the definition of VOC. The Department's 

existing VOC definitions refer to 40 CFR 51 .100(s)(1) for this complete 

list of compounds exempted by the USEPA from the definition of volatile 

organic compounds . The Department's intention in incorporating this list 

in the Federal regulations by reference was to exempt all compounds that 

the USEPA exempted . At the time the Department promulgated these 

definitions of VOC to refer to the list at 40 CFR 51 .100(s)(1), the USEPA 

definition of VOC contained other provisions at 40 CFR 51 .100(s)(2), (3) 

and (4) that related to compliance with emissions limits, the exclusion of 

negligibly reactive compounds, and test methods to be used . They did not 

relate directly to what compounds would be defined by the USEPA as 

volatile organic compounds . 

The Department's reference to 40 CFR 51 .100(s)(1) became 

problematic when the USEPA amended its definition in November of 

2004 to create a new category of exempt compounds at 40 CFR 

51 .100(s)(5) (see 69 Fed. Reg. 69298) . This new category, although 

exempt from emission limit requirements, is still subject to reporting 

requirements . The one compound in the new category is TBAC. Because 

the Department's definition references only 40 CFR 51 .100(s)(1) for the 

definitive list of exempt compounds, it could be interpreted as not 

exempting 40 CFR 51 .100(s)(5) compounds (TBAC). 

The USEPA stated in its adoption of the TBAC exemption that it 

recognized that even "negligibly reactive" compounds may contribute 

significantly to ozone formation if present in sufficient quantities and so 

these emissions need to be represented accurately in photochemical 

modeling analyses. The USEPA also recognized "a potential for 

PROPOSALS 

widespread use of TBAC, the fact that its relative reactivity falls close to 

the borderline of what has been considered negligibly reactive, and the 

continuing efforts to assess long-term health risks." Accordingly, the 

USEPA required that emissions information for TBAC continue to be 

recorded and reported. (See "Revision to Definition of Volatile Organic 

Compounds-Exclusion of t-Butyl Acetate," 69 Fed. Reg. 69298, 69302, 

November 29, 2004.) Specifically, the Federal rule states that TBAC is a 

volatile organic compound "for the purposes of all recordkeeping, 

emissions reporting, photochemical dispersion modeling and inventory 

requirements . . ." (See 40 CFR 51 .100(s),) 

In order to carry out the State's reporting responsibilities, the 

Department proposes reporting requirements for TBAC in new N.J .A.C . 

7 :27-34 . The Department identified two entities that would need to report 

under these proposed rules : manufacturers located outside of New Jersey 

who manufacture products containing TBAC for sale in the State, and 

manufacturers in New Jersey who manufacture either TBAC or products 

containing TBAC. Those manufacturers who sell TBAC (as distinguished 

from products containing TBAC) in the State are not required to report 

the estimated amount of actual emissions resulting from the use of their 

products in the State, since the emissions from these products will be 

reported by those who use the TBAC in the manufacture of another 

product . All manufacturers (both in-State and out-of-State) who sell 

products containing TBAC in the State are to report the estimated amount 

of actual emissions resulting from the use of their products in the State . 

The in-State manufacturers of TBAC or products containing TBAC are to 

report the estimated amount of actual emissions resulting from 

manufacturing TBAC and products containing TBAC in the State . 

In developing these proposed rules, the Department based the 

reporting requirements on N.J .A.C . 7 :27-21, 23 and 24 (emission 

statements, architectural coatings and consumer products rules, 

respectively). The USEPA's amended definition of VOC requires TBAC 

reporting but does not give specific instruction as to what information 

states should collect . The Department is, therefore, basing its 

requirements on the Department's other air pollution control rules with 

similar reporting requirements, that is, the emission statements, 

architectural coatings and consumer products rules . The proposed rules 

require the reporting of the manufacturer's address, contact information, 

TBAC emissions, method of estimating emissions, product brand, and 

product category or intended use . These requirements will satisfy the 

Federal requirements and involve minimal effort in reporting for the 

manufacturers. 

The Department is also proposing related amendments at N.J .A.C . 

7 :27A-3 .10, Air Administrative Procedures and Penalties, to establish 

penalties for the new and amended rules . 

A specific summary of the proposed new rules and amendments 

follows. 

Chapter 27 . Air Pollution Control 

Subchapter g. Permits and Certificates for Minor Facilities (And Major 

Facilities without an Operating Permit) 

N.J.A .C. 7:27-8.1 Definitions 

The Department proposes to amend the definition of "volatile organic 

compound" or "VOC" in N.J .A .C. 7 :27-8 .1, to incorporate by reference 

the USEPA's definition of this term at 40 CFR 51.100(s) . The existing 

definition refers to 40 CFR 51 .100(s)(1) for the complete list of 

compounds exempted by the USEPA from the definition of VOC. Recent 

amendments to the Federal definition made the reference in the 

Department's existing definition incomplete, in that the Department's 

existing definition does not reflect the exemption (from emission limit 

requirements, only) of tertiary butyl acetate (also known as t-butyl 

acetate, or informally as TBAC or TBAc). The Department is also 

proposing new rules governing the reporting of TBAC at N.J .A.C. 7 :27-

34, discussed below . 

The Department is proposing the same amendment to the definitions 

of "volatile organic compound" or "VOC" at N.J .A.C . 7:27-8 .1, 16 .1, 

17 .1, 18 .1, 19 .1, 21 .1, 22.1, 23 .2, 24 .1 and 25.1 ; 7 :27A-3 .2 ; and 7:27B3.1 . 

(CITE 39 N.J.R 4496) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

Subchapter 24. Control of Air Pollution from Consumer Products 

N.J .A .C.7 :27-24 .1 Definitions 

The Department proposes to add definitions for 38 terms and amend 

the definitions for 45 existing terms for consistency with CARB's rules 

and the OTC model rules for consumer products and portable fuel 

containers and CARB's automotive consumer products rules . CARB's 

rules are codified at 17 CCR 93111(c), 94501, and 94508 and 13 CCR 

2467 .1 . 

The following proposed new definitions match CARB's definitions 'in 

its recent amendments to its rules for consumer products and portable fuel 

containers (which formed the basis for both the OTC model rule and 

these proposed rules) : "adhesive remover - floor and wall covering 

adhesive remover," "adhesive remover - gasket or thread-locking," 

"adhesive remover - general purpose," "adhesive remover - specialty," 

"aerosol coating product," "anti-static product," "contact adhesive -

general purpose," "contact adhesive - special purpose," "deodorant body 

spray," "electrical cleaner," "energized electrical cleaner," "fabric 

refresher," "finish" or "finishing," "floor coating," "footwear or leather 

care product," "graffiti remover," "hair styling product," "kerosene," 

"liquid product," "personal fragrance product," "pressurized gas duster," 

"pump sprayer," "reactive adhesive," "shaving gel," "soft household 

surface sanitizer," "solvent cleaning machine," "styling," "toilet/urinal 

care product," "vinyl/fabric/leather/polycarbonate coating," and "wood 

cleaner." 

The Department proposes adding definitions for a number of terms 

used in the proposed new rules regarding the prohibition and limitations 

on the sale and use of automotive products that contain chlorinated toxic 

air contaminants, based on the definitions of these terms by CARB in its 

"Airborne Toxic Control Measure for Emissions of Chlorinated Toxic Air 

Contaminants from Automotive Maintenance and Repair Activities" 

(automotive consumer products rules) at 13 CCR 2467.1 . These terms 

include "automotive consumer product," "automotive maintenance 

facility" or "automotive repair facility," "automotive maintenance or 

repair activities," "CAS Registry Number," "chlorinated toxic air 

contaminant," "liquid product," "pump sprayer," and "solvent cleaning 

machine." The proposed definitions of these terms are identical or 

essentially identical to CARB's definitions . Differences between the two 

are limited to stylistic changes necessary to conform to New Jersey 

rulemaking style requirements . 

The Department also proposes to amend a number of definitions to 

match CARB's definitions in its recent amendments to its rules for 

consumer products and portable fuel containers or otherwise conform the 

Department's proposed programs to those rules . 

The term "adhesive" is used differently in the definition of "adhesive 

remover" than it is elsewhere in the subchapter . The Department proposes 

to clarify this in an amendment to the definition of "adhesive remover," 

based on CARB's rules and the OTC's model rules . 

The Department proposes to amend the definition of "aerosol 

adhesive" consistent with the OTC model rule to match the CARB 

definition of this term by adding clarifying text that was not included in 

the prior OTC consumer products model rule when the Department last 

amended N.J .A .C . 7 :27-24 . This text clarifies the inclusion in "aerosol 

adhesive" of three types of spray adhesives by explicitly including them. 

The Department proposes to add a definition of "aerosol coating 

product" because this term is used in the proposed definition of "antistatic product." The proposed definition matches the definition of this 

term by CARB in its consumer products regulation that addresses aerosol 

coating product emissions at 17 CCR 94521(a)(1). CARB's aerosol 

coating product emissions regulation is not otherwise the basis for this 

proposal . 

The Department proposes to amend the definition of "aerosol 

product," consistent with the OTC model rule, to match the CARB 

amendments to the definition that make stylistic changes and clarify that 

the propellant dispensing the product is contained in the product itself or 

its container. 

The Department proposes to amend the definition of "air freshener," 

consistent with the OTC model rule, to match the CARB amendments to 

the defmition that exclude toilet/urinal care products, and products with 

ENVIRONMENTAL PROTECTION 

labels that indicate the primary function of the products is as cleaning 

products . 

The Department proposes to amend the definitions of "alternative 

control plan" or "ACP," "innovative product exemption" or "IPE," and 

"variance" to correct references to N.J'A.C . 7 :27-24 .4, which the 

Department proposes to renumber, as discussed below. The proposed 

amendment also corrects the reference to relevant CARB rules in the 

definitions of "alternative control plan" or "ACP," and "innovative 

product exemption" or "IPE." 

The Department is proposing to amend the definition of "automotive 

brake cleaner" to reflect that it is use interchangeably with the term 

"brake cleaner," and amend the definition so that it more closely matches 

the more inclusive definition of "brake cleaner" in the CARB automotive 

consumer products rules . 

The Department proposes to amend the definition of "bathroom and 

tile cleaner," consistent with the OTC model rule, to match the CARB 

amendments to the definition that expand the products expressly excluded _ 

from the definition. 

The Department proposes to amend the definition of "bug and tar 

remover," consistent with the OTC model rule, to match the CARB 

amendments to the definition that switch from the "designed" to the 

"labeled" purpose of the product. 

The Department proposes to amend the definition of "contact 

adhesive," consistent with the OTC model rule, to match the CARB 

amendments to the definition that explicitly exclude certain tire repair 

products . 

The Department proposes to amend the definition of "deodorant," 

consistent with the OTC model rule, to match the CARB definition of this 

term in its antiperspirants and deodorants rules that changes the criteria 

for inclusion in the definition from a product intended to minimize odor 

from bacterial growth and perspiration decomposition to one labeled as 

one that can be used to provide a scent and/or minimize odor . The 

Department proposes further to add language, consistent with the OTC 

model rule, clarifying that "deodorant body spray" that is labeled to be 

used on human axilla (armpit hair) is also a "deodorant" for the purposes 

of N.J.A.C . 7 :27-24 . Also consistent with the OTC model rule, the 

Department proposes to define a new term, "deodorant body spray," to 

match the definition of that term by CARB in its amended consumer 

products rules to limit this term, effective with the new standards, to 

deodorant body sprays designed for application all over the human body . 

The Department proposes to amend the definition of "dusting aid," 

consistent with the OTC model rule, to match the CARB amendments to 

the definition that explicitly exclude a "pressurized gas duster" from the 

term. 

The Department proposes to amend the definition of "electronic 

cleaner," consistent with the OTC model rule, to match the CARB 

amendments to the definition . Essentially, these amendments exclude a 

number of products and are part of the splitting of this category into a 

number of other categories for which different emissions limits may be 

appropriate . 

The Department proposes to amend the definition of "facial cleaner" 

or "soap," consistent with the OTC model rule, to match the CARR 

amendments to the definition of these terms to replace "gels" with 

"semisolids ." Semisolid, which is already defined in N.J.A.C . 7 :27-24, 

includes gels, and the broader, more inclusive term is appropriate in this 

context . 

The Department proposes to amend the definition of "fragrance," 

consistent with the OTC model rule, to match CARB's more precise 

definition of this term by referencing the limit on the combined vapor 

pressure of the components of the substance in question. 

The Department proposes to amend the definition of "furniture 

maintenance product," consistent with the OTC model rule, to match the 

CARB amendments to the definition that expressly exclude "wood 

cleaners" from this term . 

The Department proposes to amend the definition of "general purpose 

degreaser," consistent with the OTC model rule, to match the CARB 

amendments to the definition that add "electrical cleaners" and 

"energized electrical cleaners" from this term, as they are now separate 

product categories . The amendments also look to the labeling of a 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J.R 4497) 
ENVIRONMENTAL PROTECITON 

product rather than its design, to ascertain its purpose in determining 

whether it is included in this product category . 

The Department proposes to amend the definition of "hair shine," 

consistent with the OTC model rule, to match the CARB amendments to 

the definition that add "hair styling product" and remove "spray gel" 

from the products expressing excluded from this product category. 

The Department proposes to amend the definition of "hair spray," 

consistent with the OTC model rule, to match the CARB amendments to 

the definition that distinguish between those products that "hold, retain 

and/or finish" a hair style and those that aid in styling but do not finish a 

hairstyle, and are not included in the product category "hair spray ." 

The Department proposes to amend the definition of "hair styling gel," 

consistent with the OTC model rule, to match the CARB amendments to 

the definition that make this term applicable only to products before the 

effective date of the new ernissions limits. 

The Department proposes to amend the definition of "lawn and garden 

insecticide," consistent with the OTC model rule, to match the CARB 

amendments to the definition that switch to the labeling of a product, 

rather than its design, to ascertain its purpose in determining whether it is 

included in this product category. The proposed amendments, consistent 

with the OTC model rule and the CARB rules, also would permit claims 

that the product kills insects, without triggering the most restrictive limits 

provisions of N.J.A.C . 7 :27-24.4(g) . 

The Department proposes to amend the definition of "low vapor 

pressure VOC" or "LVP-VOC," consistent with the OTC model rule, to 

match the CARB amendments to the definition that modifies one of the 

conditions a chemical compound must meet to be a LVP-VOC such that 

the boiling point, as well as the vapor pressure, must be unknown, and the 

composition of the mixture as solely of compounds with more than 12 

carbon atoms must be verified by formulation data . 

The Department proposes to amend the definition of "paint remover" 

or "stripper," consistent with the OTC model rule, to match the CARB 

amendments to the definition that are grammatical and stylistic in nature . 

The Department proposes to amend the definition of "product form," 

consistent with the OTC model rule, to match the CARB definition of 

that term to reflect the abbreviations to be used in the manufacturer's 

records of the product's dispensing form. 

The Department proposes to amend the definition of "semisolid," 

consistent with the OTC model rule, to match the CARB amendments to 

the definition that are grammatical and stylistic in nature. 

The Department proposes to amend the definition of "shaving cream," 

consistent with the OTC model rule, to match the CARB definition of the 

term. The proposed amendment removes "shaving gel" (for which the 

Department proposes a new definition, consistent with the OTC model 

rule and the CARS rules) from the "shaving cream" product category . 

The Department is proposing more stringent limits for shaving gel 

products than are currently provided for shaving cream products. 

The Department proposes to amend the definition of "spot remover," 

consistent with the OTC model rule, to match the CARB amendments to 

the definition that remove carpet and upholstery cleaner products from 

the list of products excluded from this product category and switch to the 

labeling of a product, rather than its design, to ascertain its purpose in 

determining whether it is included in this product category. 

The Department proposes adding definitions for a number of terms 

used in the proposed new rules regarding the prohibition and limitations 

on the sale and use of automotive products that contain chlorinated toxic 

air contaminants, based on the definitions of these terms by CARD in its 

"Airborne Toxic Control Measure for Emissions of Chlorinated Toxic Air 

Contaminants from Automotive Maintenance and Repair Activities" 

(automotive consumer products rules) at 13 CCR 2467.1 . These terms 

include "automotive consumer product," "automotive maintenance 

facility" or "automotive repair facility," "automotive maintenance or 

repair activities," "CAS Registry Number," "chlorinated toxic air 

contaminant," "liquid product," "pump sprayer," and "solvent cleaning 

machine." The proposed definitions of these terms are identical or 

essential identical to CARB's definitions . Differences between the two 

are limited to stylistic changes necessary to conform to New Jersey 

rulemaking style requirements . 

The Department proposes to add a definition of "CCR," an acronym 

used in citations to CARB's rules in the California Code of Regulations, 

PROPOSALS 

The Department proposes to amend the definition of "consumer 

product" to include aerosol adhesives, to be consistent with the OTC 

model rule and CARB's consumer products rules . 

The Department proposes grammatical amendments to the definitions 

of "device" and "manufacturer." 

The Department proposes to define the acronym FIFRA, to obviate the 

need to spell out the full name of the act whenever it is used in the 

subchapter (at N.J .A .C . 7:27-24 .4(c) and N.J.A.C . 7 :27-24 .5(f)3), and in 

the definitions of "disinfectant," "pesticide" and "restricted materials ." 

The Department proposes to amend the definitions of "liquid" and 

"solid" to include future supplements or revisions of the American 

Society for Testing and Materials (ASTW tests referenced in the 

definitions . 

Based on CARB's expansion of this product category in its portable 

fuel container regulations, the Department proposes to amend the 

definition of "portable fuel container" to include containers for kerosene . 

In establishing a portable fuel container program similar to CARB's, in 

effect on and after January 1, 2009, the USEPA also includes kerosene 

containers in its definition of portable fuel containers . The Department 

also proposes to define this term to exclude a permanently embossed or 

labeled container for the exclusive use with non-fuel or non-kerosene 

products, consistent with the exclusion of such a container by CARB in 

its definition of "portable fuel container," based on the applicable Federal 

regulations in effect at the time of CARB's 2005 amendments to its rules . 

The Department proposes to amend the spelling of "propellent" to 

"propellant" in "type A propellent," "type B propellent," and "type C 

propellent" and wherever else in the existing rules it appears, for a 

consistent spelling of this word throughout the subchapter. While both 

"propellent" and "propellant" are acceptable spellings, the USEPA and 

CARB used the "-ant" spelling, which is the preferred spelling in a 

number of dictionaries, as well . 

The Department proposes to amend the definitions of "spill-proof 

spout" and "spill-proof system" to remove the references to standards, 

since the proposed amendments to this subchapter replace the standards 

in the existing rules with a CARE certification requirement and, in 2009, 

a CARB or USEPA certification requiremeqt . 

The Department proposes to add a definition of 

"vinyllfabric/leatherlpolycarbonate coating" that is identical to the CARB 

definition of that term in its Aerosol Coating Products regulations at 17 

CCR 94521(a)(72). The term is used in the proposed definition of 

"footwear or leather care product," 

N.J.A.C ., 7:27-24 .2 Applicability 

Proposed amended N.J .A.C . 7:27-24 .2(a) extends the applicability of 

Subchapter 24 to any person who advertises portable fuel containers for 

sale in New Jersey . The propbsed amendment is based on the OTC 

amendments to its model rule for portable fuel containers and CARB's 

2006 amendments to its portable fuel container regulations. 

The proposed amendment to N.J .A .C. 7:27-24 .2(d)3 and proposed new 

N.J.A.C . 7:27-24.2(d)4 would, on and after January 1, 2009, eliminate the 

exemption of solid air fresheners that contain at least 98 percent 

paradichlorobenzene by weight from the applicability of the subchapter, 

as is provided in the existing rules . 

Consistent with the CARB and OTC model rules, the Department also 

proposes to exempt from the subchapter small quantities of contact 

adhesive-special purpose, under proposed N.J.A.C . 7 :27-24 .2(d)6iv . 

At N.J.A .C. 7 :27-24.2(e)5, the Department proposes to add an 

exemption for closed-system portable fuel containers used for fueling 

remote control model airplanes . This exemption was added by CARB in 

its amendments and is reflected in the OTC model rule . Other proposed 

amendments to N.J .A.C. 7 :27-24 .2(e) provide greater clarity by 

expanding the examples of officially sanctioned off-highway motor 

sports (subparagraph (e)3i) and update a reference to Federal rules 

concerning safety cans (paragraph (e) 1) . 

The Department proposes new N.J.A .C . 7:27-24 .2(f) to exempt 

automotive consumer products that are used in solvent cleaning 

operations from the requirements for automotive consumer products at 

N 'J .A .C . 7:27-24.4(a), as is provided by CARB in its automotive 

consumer products rules. The Department prohibits the use of these 

products through N.J,A.C . 7:27-16.6(j)3 that prohibits the use, in a cold 

(CITE 39 N.J .R 4498) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

cleaning machine or a heated cleaning machine, of any solvent that has a 

vapor pressure of one millimeter of mercury or greater, measured at 20 

degrees centigrade (68 degrees Fahrenheit), which effectively prohibits 

chlorinated air toxic contaminants in these operations, as their vapor 

pressure exceeds the standard in the Department's rules. Existing 

N.JA.C . 7:27-24 .2(h), to be recodified as subsection (i), refers to "design 

standards" for portable fuel containers . Because the Department proposes 

to substitute CARD- or USEPA-certification requirements for these 

standards, it proposes to change the reference in this subsection to 

CARB- and USEPA-certification requirements . In addition, the 

Department proposes to amend the subsection to allow a retailer who 

sells products that violate any of the standards in N.J .A.C . 7 :27-24 .4 to 

demonstrate compliance with the subchapter by providing specific 

documentation . The existing subsection allowed a retailer to present 

documentation if he or she sold products that violated the V OC content or 

design standards. 

N.J.A .C. 7:27-24.4 Chemically formulated consumer products : 

standards 

All proposed amendments to N.J .A .C . 7:27-24 .4 are based on the 2004 

amendments to CARB's consumer products rules, unless otherwise 

noted, and reflect standards that have been in effect in California since 

December 31, 2006 . 

Existing Table 1 sets forth the VOC content limits for chemicallyformulated consumer products . The Department proposes amending this 

table to add a third sub-column under the "Maximum Allowable VOC 

Content" column to set forth new VOC standards to go into effect on 

January 1, 2009 for the following product categories : adhesive removers 

(including floor or wall covering, gasket or thread locking, general 

purpose, and specialty) ; anti-static products, non-aerosol ; electrical 

cleaners ; electronic cleaners; fabric refreshers; footwear or leather care 

products ; graffiti removers; hair styling products ; shaving gels ; 

toilet/urinal care products; and wood cleaners . The Department also 

proposes dividing the category "adhesives," form "contact" into the 

forms "contact - general purpose" and "contact - special purpose," in 

order to establish more stringent standards for "contact - general 

purpose," effective January 1, 2009. Thus, the standard for the adhesive 

form "contact - special purpose" would be unchanged from the existing 

standard for contact adhesive (80 percent by weight), but the standard for 

the adhesive form "contact - general purpose" would be established as a 

maximum of 55 percent by weight. 

The Department proposes to amend the form of "air freshener" 

referred to as "solids/gels" by renaming it "solids/semisolids ." The 

proposed term more accurately describes the form of those products . 

For consistency within the table, the Department proposes to change 

the names of existing categories from singular to plural to match those 

categories already in the plural form, as well as the proposed new 

categories, which are proposed in the plural . 

Existing N.J .A .C. 7:27-24 .4(d) provides for an unlimited "sellthrough" period for chemically formulated consumer products . Properly 

date-coded products manufactured before the operative date of the 

standards for that product can be sold indefinitely . The Department 

proposes an amendment that excepts solid air fresheners and toilet/urinal 

care products that contain paradichlorobenzene and chemically 

formulated consumer products that contain chlorinated toxic air 

contaminants from this unlimited sell-through. The Department proposes, 

at new N.J .A .C . 7 :27-24(o) and (t), to allow a sell-through for these 

products, if properly date-coded, through December 31, 2011 . 

Existing N.J .A.C . 7:27-24 .4(g) provides that the most stringent VOC 

content limit applies to a product that is labeled (on the principal display 

panel) to indicate that it belongs to more than one chemically formulated 

consumer product category in Table 1, if the product is other than a 

general purpose cleaner, antiperspirant or deodorant. The proposed 

amendments to this subsection also exempt insecticide foggers from these 

provisions, and make the limits applicable only to those products 

manufactured before January 1, 2009, or, in the case of a FIFRAregistered insecticide, before January 1, 2010. Existing N.J .A.C . 7 :27-

24.4(c) provides that the operative date for FIFRA products is one year 

later than the operative date for the other regulated consumer products . 

ENVIRONMENTAL PROTECTION 

The Department proposes new N.J .A.C. 7:27-24 .4(h) for consumer 

products manufactured on or after January 1, 2009 (or, for FJFRAregistered insecticide, on or after January 1, 2010), that are identical to 

those at N.J .A.C . 7:27-24 .4(g), except for language referring to a sticker 

or label on the product. The proposed language subjects the product to the 

most stringent of two or more applicable standards . 

The Department proposes amending existing N.J .A .C . 7:27-24 .4(i) 

(recodified as NJ.A .C . 7 :27-24 .4(j)), which provides an exemption for a 

chemically formulated consumer product if the product is subject to an 

innovative product exemption (IPE), alternative compliance plan (ACP) 

or variance issued by CARB or another state with rules based on the OTC 

consumer products model rule . The proposed amendments correct and 

update references and citations to the CARB rules and the Internet 

address of the OTC website . 

The Department proposes new N.J .A .C . 7:27-24 .4(n), consistent with 

the OTC model rules and the CARB rules, to ban the sale of a number of 

chemically formulated consumer products if they contain chlorinated 

toxic air contaminants, except as provided, in the proposed sell-through 

provisions at proposed new N.J.A.C. 7:27-24 .4(o) and (p) . 

The Department proposes new N.J .A.C . 727-24.4(o) to allow the sale 

of a product containing chlorinated toxic air contaminants through 

December 31, 2011, provided the product displays a date or date code 

reflecting manufacture before January 1, 2009 . 

The Department proposes new N.J.A .C. 7 :27-24 .4(p) to require 

notification by sellers of the end of the sell-through period to a distributor 

or retailer who purchases a sell-through product within the six months 

preceding the end of the sell-through. Proposed new N.J.A.C . 7 :27-

24.4(q) exempts products that contain such small amounts of chlorinated 

toxic air contaminants that they are considered "impurities" (a combined 

amount less than or equal to 0.01 percent by weight) from the notice 

requirements of subsection (p) and the sale restrictions of subsections (n) 

and (o). Similarly, the Department proposes new N.J .A.C . 7 :27-24 .4(r), 

which is identical to CARB's provisions in its automotive consumer 

products rules, to establish 1 .0 percent or greater as the threshold over 

which the Department classifies a product as containing a chlorinated 

toxic air contaminant. 

At proposed N.J .A.C . 7 :27-24 .4(s), the Department proposes 

prohibiting the sale, after January 1, 2009, of any solid air fresheners and 

toilet/urinal care products that contain paradichlorobenzene . However, 

the Department proposes a three-year sell-through, consistent with the 

sell-through allowed for products containing chlorinated toxic air 

contaminants . Proposed N.J.A.C. 7:27-24.4(t) is similar to proposed 

N.J.A.C . 7 :27-24 .4(p), and requires one who sells a non-compliant "sellthrough" product to a retailer or distributor within the six months 

immediately preceding the end of the sell-through date to notify the 

retailer or distributor of the sell-through end date . This would put the 

retailer or distributor on notice that the product will be non-compliant and 

cannot be sold after that date . 

N.J .A.C. 7:27-24.5 Chemically formulated consumer products : 

registration and, labeling 

Based on the OTC model rule and the 2004 CARB amendments, the 

Department proposes to amend N.J .A .C . 7:27-24 .5(d) to obviate the need 

for a manufacturer to provide the Department with an explanation of the 

date portion of the product code required under N.J.A.C . 7:27-24 .5(d). 

The proposed amendment allows a manufacturer to use a YY DDD 

format for the coding, which would not require a separate explanation 

from the manufacturer. For example, 07 364 would be the 364th day in 

2007 (December 30, 2007). Such a code would alleviate much of the 

administrative burden otherwise placed on the manufacturer (in providing 

explanations) and on the Department (in processing the explanations and 

using them to monitor products and enforce these rules) . 

Existing N.J.A .C. 7 :27-24.5(d) requires a manufacturer to provide the 

date code in a location that is "readily observable or obtainable without 

disassembling any part of the packaging ." As amended, the subsection 

would allow the manufacturer to place the date code in a location within 

the packaging, provided it could be observed without irreversibly 

disassembling the package . The Department proposes a similar 

amendment at N.J .A .C . 7:27-24 .5(g)3 . The Department also proposes a 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R . 4499) 
ENVIRONMENTAL PROTECTION 

minor amendment to existing subsection (e) to refer to the date portion of 

the product code, as opposed to strictly referring to a date-code. 

At existing N.J .A .C . 7 :27-24 .5(g), the Department proposes to expand 

the coverage of information display requirements beyond aerosol 

adhesives to include adhesive remover, contact adhesive, electronic 

cleaner, electrical cleaner and energized electrical cleaner products . 

These additional products would be required to reflect the name (in full 

or abbreviated form) of the product category to which they belong and, 

with the exception of an energized electrical cleaner, the VOC content 

standard for the product. 

The proposed amendment to N.J .A .C. 7 :27-24 .5(i) provides an 

exception to the general prohibition of the removal of the required 

information prior to final sale of the product to the consumer, in the case 

where the manufacturer has expressly authorized such removal . This 

would allow the manufacturer to retain control over the decision as to 

when the information is and is not required. 

N.J.A.C . 7:27-24 .6 Chemically formulated consumer products : 

recordkeeping and reporting 

Consistent with CARB's 2004 amendments to its consumer products 

rule at 17 CCR 94513(a) and the OTC model rule, the Department 

proposes to amend N.J .A .C . 7 :27-24 .6(b) to allow the Department to 

obtain information from persons other than the manufacturer, including 

other entities up and down the chain of production and distribution, such 

as the formulator, supplier, parent company, private labeler, distributor or 

repackager . The information that the Department might request is at 

existing N.J.A.C. 727-24.6(b)1 through 3. 

The Department proposes to correct cross references at N.J .A .C . 7:27-

24,6(j) . 

N.J .A.C. 7:27-24 .7 Chemically formulated consumer products : testing 

To be consistent with CARB's automotive consumer products rule, the 

Department proposes to amend N.J.A .C . 7:27-24 .7(a) to add a testing 

requirement to determine the amount of chlorinated toxic air 

contaminants in chemically formulated consumer products, which include 

automotive consumer products . This would parallel the existing 

requirement regarding the VOC content of the other products regulated 

by this subchapter. Also based on CARB's rule, the Department proposes 

amendments to N.J.A .C. 7:27-24 .7(b) to allow the use of CARD Method 

310 or the use of an alternative method that has been previously approved 

in writing by the USEPA and the Department. Method 310 applies 

specifically to measuring VOCs; however, the same means of measuring 

VOCs can be used to measure chlorinated air toxic contaminants . 

Accordingly, the Department proposes at N.J.A.C . 7:27-24 .7(b) to 

specify that the term "VOC" in Method 310 should be interpreted as 

encompassing both "VOC" and "chlorinated toxic air contaminant" 

Proposed amendments to N.J.A .C . 7:27-24 .7(d) and (t) update citations to 

ASTM test methods. 

N.J.A .C. 7:27-24 .8 Portable fuel containers and spill-proof spouts : 

certification requirements 

Based on both the OTC model rule and CAR.B's 2006 amendments to 

its portable fuel container rules, the proposed amendments to N.J .A .C. 

7:27-24 .8 replace the existing performance standards requirements with a 

CARB-certification requirement. As explained in the Summary above, 

CARB has initiated a certification program for these products, vastly 

simplifying the process for states to ensure compliance with CARB 

standards. Accordingly, the proposed amendments to N.J.A.C . 7:27-24.8 

eliminate the requirement that a product meet the standards in existing 

N.J .A.C . 7 :27-24 .8(a) and (b), and substitute the requirement that the 

product be certified by CARB as being in compliance with its standards 

and be covered by the appropriate CARB Executive Order. 

Alternatively, a portable fuel container that meets the USEPA's new 

requirements for certification of these products, which will affect portable 

fuel containers nationwide that are manufactured on and after January 1, 

2009, will be in compliance with the Department's proposed new rules. 

The USEPA has characterized its program as being very similar to the 

CARB portable fuel container program, and has expressed its belief that 

manufacturers will be able to meet both USEPA and CARB requirements 

with the same container designs. (See 72 Fed. Reg. 8499 .) The 

Department proposes to make CARB-certification requirements take 

PROPOSALS 

effect 30 days after the operative date of the proposed amendments, but 

proposes, at N.J.A .C. 7 :27-24 .8(c), to permit the sale, for one year after 

the operative date of the rulemaking, of date-coded products labeled or 

designated for use solely with kerosene. Environmental and safety 

concerns prompted both CARB and the USEPA to include these products 

in their portable fuel container rules . CARB will require kerosene 

containers to conform to CARB's certification requirements as of January 

1, 2007, and USEPA will require kerosene containers to conform to its 

requirements as of January 1, 2009. Recognizing that these products, 

unlike their gasoline counterparts, have not previously been regulated in 

New Jersey, the Department is providing this limited sell-through to 

allow for a smooth industry transition. 

CARB's certification requirements, adopted in 2006, went into effect 

on July 1, 2007 . CARB provided interim performance standards that 

apply until the certification requirements are in effect. These interim 

standards are not more stringent than their predecessors ; rather, they 

represent the elimination of certain standards that had proven 

problematic. The timing of the Department's rulemaking is such that it 

would not make sense to provide interim standards, especially since 

CARB's certification program is already in effect . 

Additional proposed amendments include the prohibition at N.J.A .C . 

7:27-24 .8(a) of the advertising of non-certified products for sale ; the 

addition of "spout" to make CARB-certification requirements applicable 

to all the portable fuel container products; and, at N.J .A .C. 7 :27-24.8(d), 

a grammatical correction, the deletion of an obsolete cross-reference and 

a corrected OTC website address . 

The Department also proposes to amend N.J .A.C . 7:27-24 .8(b) to 

reference CARB's website and the CARB document where the criteria 

for obtaining certification are set forth . Consistent with CARB's portable 

fuel container rules, the Department also proposes new N.J .A .C . 7:27-

24.8(g), to state that certification does not exempt products from other 

Federal and State requirements, such as separate safety codes and 

regulations. 

N.J.A.C . 7:27-24.9 Portable fuel containers and spill proof spouts: 

labeling 

The Department proposes substituting the word "requirements" for 

"standards" at N.J .A .C . 7:27-24.9(a)li, consistent with the Department's 

proposal to use CARB- or USEPA-certification requirements rather than 

the standards in the existing rules. 

Proposed amended N.J .A.C . 7 :27-24 .9(a)liii and 3iii require the 

representative code on the portable fuel container and spout to identify 

the CARB executive order issued for the portable fuel container, portable 

fuel container and spout, or spout in question . The Department also 

proposes simplifying the language of subsection (a) by combining 

existing N.J.A .C . 7 :27-24.9(a)2 and 4. 

N.J .A.C. 7:27-24.10 Portable fuel containers and spill proof spouts : 

recordkeeping and reporting 

Consistent with its proposed re(iance' on CARB-certification, the 

Department proposes to delete N.J.A.C . 7 :21-24.10(a) because the 

proposed elimination of the testing requirements at N .J .A .C . 7 :27-24 .11 

makes it unnecessary to require the retention and reporting of the test 

records. The Department proposes deleting N.J .A.C . 7 :27-24 .10(b) 

because it repeats IPE and variance documentation requirements at 

N.J .A .C . 7:27-24,8(e)5 and (f). 

The Department also proposes adding text at N.J .A.C . 7 :27-24 .10(c) to 

clarify that the manufacturer to whom the section refers is a manufacturer 

of a spout, portable fuel container or portable fuel container and spout, 

since the deletion of existing N.J.A .C . 7:27-24 .10(a) would remove this 

language modifying "manufacturer." 

N.J .A .C . 7:27-24 .11 Portable fuel containers and spill-proof spouts : 

testing 

The Department proposes repealing and reserving N.J.A.C . 7:27-

24 .11, as the proposed incorporation of CARB-certification requirements 

will make this testing unnecessary. 

(CITE 39 N.J.R 4500) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

N.J .A.C . 7:27-24 .12 Penalties and other requirements imposed for 

failure to comply 

The Department proposes to amend N.JA.C . 7:27-24 .12(b) to allow 

the Department to impose penalties and other requirements for violations 

of the applicable chlorinated toxic air contaminants content requirements, 

as well as violations of the VOC content requirements . The existing rule 

applies only to violations of the VOC content requirements . 

The proposed amendments to N.1 .A .C. 7:27-24 .12(c) reflect the switch 

to CARB or USEPA certification from performance standards, as 

previously discussed . Enforcement will involve only verification of that 

certification. There will be no need for a manufacturer to demonstrate 

compliance by testing, as provided at existing N.J.A.C . 7 :27-24.12(c)li 

through iii. Accordingly, the Department proposes to amend those 

provisions, so that the manufacturer will have 30 days to recall a noncompliant product . 

Subchapter 26. Control of Air Pollution From Adhesives, Sealants, 

Adhesive Primers And Sealant Primers 

N.J .A.C .7:27-26 .1 Definitions 

The Department is proposing definitions for 67 terms that are used in 

these new rules, consistent with the model rule developed by the OTC. 

These definitions, except as discussed below, are based on the definition 

of these terms by CARB in its Determination of Reasonably Available 

Control Technology and Best Available Retrofit Control Technology for 

Adhesives and Sealants, December 1998 (Determination), which formed 

the basis for both the OTC model rule and these proposed rules, as well 

as adhesives/sealants rules adopted by a number of the California Air 

Quality Management Districts (the California Districts) . 

For some terms that are not defined by CARB in its Determination, the 

OTC model rule based its definitions of these terms on definitions or 

other rule text adopted by one or more of the California Districts . These 

include "aerospace component," "cleanup solvent," "medical equipment 

manufacturing," "plastic cement welding adhesive," "plasticizer," 

"reactive diluent," "sheet-applied rubber installation," "solvent," and 

"undersea-based weapons systems component." 

The Department proposes to define "person" consistent with the 

definition of that term elsewhere in N.J .A .C . 7,27 . Similarly, proposed 

"Department," "CARB," "EPA" and "SCAQMD" are state and Federal 

agencies referred to in the proposed new rules, The definitions are 

consistent with their use elsewhere in N.J .A .C . 7 :27 . The Department also 

proposes to define "volatile organic compound" or "VOC" to refer to the 

definition of this term by the USEPA, consistent with the proposed 

amended definition of this term throughout N.J .A.C. 7 :27, 7:27A and 

7 :27B . 

Unlike CARB, the Department proposes to define separately 

"polyvinyl chloride plastic" or "PVC plastic," which CAR.B defines as 

part of its definition of "polyvinyl chloride welding adhesive" or "PVC 

welding adhesive ." 

The Department proposes a definition of the term "exempt compound" 

in order that the term can be used throughout the proposed rules as a 

shorthand reference to those compounds that the USEPA has exempted 

from emission limit requirements in its definition of "VOC" at 40 CFR 

51 .100(s) . These compounds (and water) are not included in calculations 

of vapor pressure of adhesives and the weight and volume of VOCs for 

the purposes of determinin g compliance with the proposed rules. 

N.J.A .C.7 :27-26 .2 Applicability 

Under proposed new N.J .A .C . 7:27-26 .2(a), the proposed new 

subchapter is applicable to those who sells, supplies, offers for sale or 

manufactures for sale in New Jersey, any adhesives, sealants, adhesive 

primer or sealant primer, for use in New Jersey. The exceptions to the 

applicability of the subchapter are those exemptions and exceptions at 

proposed N.J .A.C . 7 :27-26 .4 . In accordance with N.J.A.C. 7 :27-26 .3, the 

proposed subchapter would not take effect until January 1, 2009. 

Consistent with the OTC model rule, the proposed new Subchapter 26 

is also applicable to any person who uses or applies any adhesive, sealant, 

adhesive primer or sealant primer for compensation within New Jersey . 

By restricting the applicability to those who use these products "for 

compensation," the Department is proposing not to apply these 

requirements to, for example, homeowners using these products for home 

ENVIRONMENTAL PROTECTION 

repair or renovations . This provision also references the exemptions and 

exceptions proposed at N.J.A.C. 7:27-26.4 . 

N.J .A.C.7 :27-26 .3 Requirements 

Proposed Table 1 in proposed new N.J .A .C . 7 :27-26 .3 sets forth the 

VOC limits that apply to those products manufactured, sold or used on 

and after January 1, 2009 . These limits are identical to those in the OTC 

and CARB model rules. 

Proposed N.J .A.C . 7:27-26 .3(a) applies the limits in proposed new 

Table 1 to those who manufacture the products for sale in New Jersey; 

proposed N.I .A.C . 7:27-26 .3(b) applies these limits to those who sell the 

products ; and N.J .A .C . 7 :27-26 .3(c) applies- the limits in Table 1 to those 

who use or apply the products. 

Proposed N.J .A .C . 7 :27-26.3(d) specifies which limit applies in Table 

1 when it would appear that one or more limits might apply . That is, for 

those applying an adhesive or sealant that has both a specific VOC limit 

in Table 1, as well as a generic adhesive-to-substrate limit, the applicable 

limit would be the one for the specific adhesive or application. For those 

applications where there are two dissimilar substrates so that two 

adhesive-to-substrate limits would be applicable, the limit with the 

highest VOC content would be the limit for this application. For example, 

the VOC limit for an adhesive applied to fiberglass is 200 grams/liter, 

while the VOC limit for an adhesive applied to metal is only 30 

grams/liter. The decision to set the VOC limit for fiberglass at 200 

grams/liter was based on a careful review of the available technology, 

suggesting problems in trying to use an adhesive with fiberglass that has 

a lower VOC content . Using the higher limit ensures the appropriateness 

of the adhesive for use with both substrates . 

Proposed N.J.A.C . 7 :27-26.3(e) establishes VOC and/or composite 

vapor pressure limits for clean-up and surface preparation solvents . These 

limits are based on those in the CARB and OTC model rules . Proposed 

N.J.A .C . 7 :27-26 .3(e)1 addresses surface preparation materials other than 

for single-ply roofmg; N.J .A.C . 7:27-26.3(e)2 addresses surface 

preparation solvents used in applying single-ply roofing ; N.J .A .C. 7 :27-

26 .3(e)3 addresses solvents used to remove adhesives, sealants or 

adhesive or sealant primers from surfaces other than spray application 

equipment ; and N.J .A.C . 7 :27-26.3(e)4 addresses solvents used to remove 

adhesives, sealants or adhesive or sealant primers from spray application 

equipment. 

Consistent with the OTC and CARB model rules, the Department 

proposes, at N.J,A .C. 7:27-26 .3(f), an alternative to the VOC limits 

established in Table 1 . Persons using or applying adhesives, sealants, or 

adhesive or sealant primers have the option of using add-on pollution 

control equipment rather than complying with the Table 1 limits . 

Proposed N.J .A.C . 7 :27-26.3(f)l through 5 set forth the requirements for 

using the add-on pollution control equipment option. These 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 . 

Proposed N.J.A .C . 7:27-26 .3(g) requires the proper storing and 

disposal of all absorbent materials produced when the regulated products 

are used. Proposed N.J.A .C. 7:27-26 .3(h) prohibits the requirement or 

solicitation by contract of the use of non-compliant products . 

Proposed N.J .A .C . 7:27-26 .3(i) allows the unlimited sell-through of 

non-compliant products manufactured before January 1, 2009. The 

Department proposes to allow this sell-through to be consistent with its 

sell-through provisions for consumer products containing VOCs at 

N.1 .A .C. 7:27-24, 

N.J.A .C .7 :27-26.4 Exemptions 

The Department proposes to exempt certain compounds and uses of 

compounds from the requirements of proposed Subcbapter 26, to be 

consistent with both the OTC and CARB model rules and in 

consideration of the difficulty in finding acceptable low VOC alternatives 

for certain types of older equipment or the relatively limited impact on 

the amount of VOC emissions in New Jersey from the compounds and 

uses . 

NEW JERSEY REGISTER, VIONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R 4501) 
ENVIRONMENTAL PROTECTION 

Proposed N.J .A.C . 7 :27-26 .4(a) exempts certain compounds from the 

subchapter . Generally speaking, these exemptions cover small volume, 

low VOC compounds and those used in non-commercial, research-related 

applications . 

Proposed N.J .A .C . 7 :27-26.4(b) exempts from the subchapter certain 

operations that involve the use of regulated compounds . These 

exemptions are based on the lack of available and acceptable low VOC 

substitutes for the compounds currently used in these operations . In the 

case of plaque-laminating operations using older lamination equipment 

(installed prior to July 1, 1992), written notification of the Department 

that a complying adhesive is not available is required at proposed 

N.J .A .C . 7 :27-26 .4(b)4 before the Department will grant an exemption. 

Proposed N.J .A.C . 7:27-26.4(c) exempts an operation with a low 

yearly VOC emission level . Proposed N.J.A.C . 7 :27-26.4(d) exempts a 

use with a low facility-wide volume of non-complying compounds . 

Exemptions at both N.J .A .C . 7:27-26 .4(c) and (d) require recordkeeping 

to demonstrate compliance with the emission thresholds . 

Proposed N.J .A.C . 7 :27-26.4(e) and (f) exempt a manufacturer or 

distributor of non-compliant compounds that are intended for shipment 

and use outside of New Jersey who has taken reasonable precautions to 

prevent the distribution of the products to or within New Jersey. The 

products must not be sold, supplied or offered for sale to a retail outlet in 

New Jersey . A manufacturer or distributor exempted by these provisions 

is required to keep records to verify that all the conditions were met. 

Proposed N.J .A .C . 7 :27-26.4(g) exempts the sale or manufacture for sale 

of non-compliant products to persons using add-on air controls to comply 

with the requirements of this subchapter . 

N.J .A.C . 7 :27-26 .5 Administrative requirements 

Proposed N.J .A .C . 7:27-26 .5(a) sets forth the recordkeeping 

requirements for those users of adhesives, sealants, adhesive primers and 

sealant primers to whom the subchapter applies, pursuant to proposed 

N.J .A .C. 7:27-26 .2(b), who are operating pursuant to a permit issued by 

the Department under N.J.A .C . 7:27-8. Although the OTC model rule 

applies recordkeeping requirements across the board to all persons 

subject to the rules (including those who use, sell, or manufacture these 

products for sale), the Department proposes to limit these requirements to 

those with operating permits issued by the State. This is consistent with 

both the approach taken by a number of the California Districts, as well 

as the "optional" nature of the prohibition of sales provisions in the 

CARB model rule at III G. (See footnote 8 to III G of CARB's model 

rule, which makes adoption of these provisions by the Districts 

discretionary.) 

Proposed N.J.A.C. 7 :27-26 .5(b) and (c) set forth the recordkeeping 

requirements for those who comply through the use of add-on air 

pollution control equipment, and those who conduct testing in connection 

with the laboratory testing exemption at N.J .A .C. 7 :27-26 .4(a)1, 

respectively. Consistent with the OTC model rule, the Department 

proposes, at N.J .A .C . 7 :27-26 .5(d), to require all records to be maintained 

for five years and be available to the Department upon request . This is 

also consistent with other recordkeeping requirements in N.J .A .C . 7 :27 . 

N.J .A.C. 7:27-26 .6 Compliance procedures and test methods 

The Department proposes to require test methods to be used to 

demonstrate compliance with N.J .A .C . 7:27-26, consistent with the OTC 

and CARB model rules . 

Proposed N.J.A .C . 7 :27-26 .6(a) prescribes the use of either EPA 

Reference Method 24 or South Coast Air Quality Management District 

(SCAQ1v1D) Method 304-91 to determine the VOC and solids content of 

all non-aerosol adhesives, adhesive primers and cleanup solvents . EPA 

Reference Method 24 is used to determine volatile matter content water 

content, density, volume solids, and weight solids of paint, varnish, 

lacquer, or other related surface coatings . SCAQMD Method 304-91 is 

used to determine the VOC content of various materials for compliance 

with the VOC requirement specified in various SCAQMD rules . 

Proposed N.J.A .C . 7:27-26 .6(b) prescribes the use of ASTM D4457-

85, which uses gas spectrum analysis to measure the organic content of 

paints and coatings to identify or quantify the organic content of exempt 

compounds. 

PROPOSALS 

Proposed N.J.A .C . 7 :27-26 .6(c) prescribes the use of SCAQMD 

Method 316A 92, which is used to determine VOC content in materials 

used for pipes and fittings, to determine the VOC of plastic welding 

cement adhesive or primer. SCAQMD Method 316A 92 provides for the 

analysis of an aliquot of the material for VOC by the procedure specified 

in SCAQMD Method 304 . Another portion of the material is applied to a 

substrate specified by the manufacturer and cured. After curing, the 

assembly is heated for one hour at 110°C . The VOC retained and the 

VOC emitted is then determined. 

Proposed N.J .A.C. 7 :27-26 .6(d) prescribes the use of SCAQMD 

Method 316A, described above, to determine whether a diluent is a 

reactive diluent . 

Proposed N.J.A.C. 7:27-26.6(e) prescribes the use of ASTM E 260-96 

to determine the composite vapor pressure of organic compounds in 

cleaning materials and ASTM D 3792-79 for water content . ASTM E 

260-96 is a general guide to the application. of gas chromatography (GC) 

with packed columns for the separation and analysis of vaporizable or 

gaseous organic and inorganic mixtures and as a reference for the writing 

and reporting of GC methods . It excludes any form of gas 

chromatography associated with open tubular (capillary) columns. ASTM 

D 3792-79 is a test method for the determination of the total water 

content of waterbome paints, using gas spectrum analysis. 

Proposed N.J .A .C . 7:27-26 .6(f) lists a number of resources that may be 

used in determining the vapor pressure of each single component 

compound for the purpose of complying with this subchapter. The list 

includes a number of chemical handbooks as well as other sources 

approved by the SCAQMD or other California air districts for this 

purpose. The list also includes ASTM D2879-97, Test Method for Vapor 

Pressure-Temperature Relationship and Initial Decomposition 

Temperature of Liquids by Isoteniscope, which can be used for this 

purpose. 

For an owner or operator using air pollution control equipment to 

comply with the subchapter, proposed N.J .A .C. 7 :27-26 .6(g)1 requires 

measurement of capture efficiency in accordance with USEPA's 

"Guidelines for Determining Capture Efficiency" issued January 9, 1995 . 

This document provides technical guidance to USEPA, state and local 

personnel and regarding capture efficiency testing, as well as owners and 

operators of stationary sources required to determine capture efficiency . 

Proposed N.J.A.C. 7:27- 26.6(g)2 prescribes the use of EPA Methods 25, 

25A, 25B or CARB Method 100 to determine the control efficiency . The 

EPA Methods, set forth at Appendix A of 40 CFR 60, measure total 

gaseous organic concentration using a flame ionization analyzer or a nondispersive infrared analyzer and total gaseous non-methane organic 

emissions as carbon . The control efficiency can also be determined by 

using CARB Method 100, whereby a sample of an exhaust gas stream is 

extracted, conditioned and analyzed continuously by instruments . The 

measurements made by the continuous analyzers are used to determine 

average emission concentrations . By measuring the stack gas flowrate 

and moisture, and using this information with the average emission 

concentration, mass emission rates can be determined 

Proposed N.J .A .C . 7 :27-26 .6(h) prescribes the use of SCAQMD's 

"General Test Method for Determining Solvent Losses from Spray Gun 

Cleaning Systems" to determine solvent losses from spray gun cleaning 

systems . This method is intended to determine solvent losses during 

active and passive modes. The active mode comprises all steps carried 

out during a cleaning operation . The active loss is expressed in grams of 

solvent loss per cleaning cycle . The passive mode represents the nonactive mode period when cleaning equipment sits idle between cleaning 

cycles and for extended periods such as weekends. Passive losses are a 

result of natural evaporation of the solvent from the equipment. The 

passive loss is expressed in grams of solvent loss in the passive mode per 

hour . Proposed N .J .A .C . 7:27-26 .6(h) also establishes the requirements 

for the test solvent to be used as well as the minimum test temperature . 

Proposed N.J .A.C. 7:27-26 .6(i) provides the equation to be used in 

calculating grams of VOC per liter of adhesive, for adhesives that do not 

contain reactive diluents . For adhesives that contain reactive diluents, 

proposed N.J.A.C . 7:27-26 .6(j) provides the equation to be used in 

calculating grams of VOC per liter of adhesive, determined after curing . 

Proposed N.J.A .C. 7 :27-26 .6(k) provides the equation to be used in 

calculating grams of VOC per liter of material, and proposed N.J .A .C . 

(CITE 39 N.J .R 4502) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

7 :27-26 .6(1) provides the equation to be used in calculating percent VOC 

by weight. 

N.J.A.C . 7:27-26 .7 Container Labeling 

The Department proposes at N.J.A.C. 7:27-26 .7(a) to require certain 

information to be displayed on the regulated product or its label . This 

includes the VOC content as supplied, recommendations regarding 

thinning, reducing, or mixing, and the maximum or actual VOC content 

of the product as used following the manufacturer's recornmendations 

regarding thinning, reducing, or mixing in grams per liter of product. 

At proposed N.J .A .C . 7 :27-26 .7(b), the Department requires the dating 

or code-dating of the regulated products . Use of a code in the YY DDD 

format would exempt the manufacturer from the requirements of 

proposed N.J .A .C . 7:27-26 .7(c) that it register an explanation for the 

date-coding with the Department. The format of the proposed YY DDD 

date code is the same as, and for the same reasons as for proposed 

N.J.A.C . 7 :27-24,5(d), discussed above. Proposed N.J .A.C . 7 :27-26 .7(d) 

also exempts from the date-code explanation requirement products with 

no or low VOC content and free samples of products . 

N.J .A.C.7:27-26.8 Registration 

The Department proposes to require the manufacturer of applicable 

products to register its date-code (other than as provided in proposed 

N,J .A .C . 7 :27-26 .7) and the product. . 

Proposed N.J .A.C . 7:27-26 .8(a) through (c) require the manufacturer 

to provide an electronic, non-confidential registration that contains the 

contact information for the manufacturer of the product, an explanation of 

the date-code (if the product is date-coded), and a description of the 

product. The manufacturer can apply for a hardship waiver from the 

electronic registration requirement, if necessary, and send it to the 

address in the proposed rule . The proposed rule sets forth the schedule for 

submission, depending on the nature of the product. 

Subehapter 34 . TBAC Emissions Reporting 

N.J.A.C .7:27-34.1 Definitions 

The Department proposes to define terms used in the proposed new 

rules. For the terms "AP-42," "CEM," "Department," "EPA," 

"manufacturer," "person," "reasonably available," "responsible official," 

and "State," the Department proposes to define these terms as they are 

defined elsewhere in N.J.A.C. 7:27, such as in the Department's 

consumer products rules at N.J .A .C. 7 :27-24, and in its emissions 

statements rules at N.J .A .C . 7 :27-21 . 

The proposed definition of "AP-42" includes information on how to 

obtain or view a copy of this document. Those filing emissions 

statements with the Department pursuant to N.J .A.C . 7 :27-21 are no 

doubt already familiar with this compilation of emission factors provided 

by the USEPA. An emissions factor is a representative value that 

attempts to relate the quantity of a pollutant released to the atmosphere 

with an activity associated with the release of that pollutant. These factors 

are usually expressed as the weight of pollutant divided by a unit weight, 

volume, distance, or duration of the activity emitting the pollutant (for 

example, kilograms of particulate emitted per megagram of coal burned) . 

Such factors facilitate estimation of emissions from various sources of air 

pollution . In most cases, these factors are simply averages of all available 

data of acceptable quality, and are generally assumed to be representative 

of long-term averages for all facilities in the source category (that is, a 

population average) . The USEPA compilation of these factors is 

organized by industry function, so the factors are intended to be relevant 

to the sources . 

The Department has proposed a hierarchy of methods that can be used 

in estimating actual emissions in Table 1 of N.J .A.C . 7:27-34 .4(a), in 

which the use of an AP-42 Emission Factor is ranked in sixth place, 

which means that, where reasonably available, the methods ranked one 

through five should be used . The Department proposes to define 

"emission year" and "reporting year" to refer to the calendar year during 

which reported emissions were emitted and the calendar year during 

which emissions are reported, respectively . The reporting year is the year 

immediately following the emission year, 

The Department proposes to define "ozone season" as May 1 through 

September 30, which is consistent with how the Department refers to the 

EN'VII20NMENTAL PROTECTION 

ozone season elsewhere in N.J.A .C. 7:27 . The Department proposes to 

define "TBAC" as the acronym for t-butyl acetate . 

N.J.A.C .7 :27-34.2 Applicability 

Proposed N.J.A.C . 7 :27-34 .2 identifies who must report TBAC 

emissions . This includes out-of-State manufacturers who sell TBACcontaining products for sale within the State, and in-State manufacturers 

of TBAC or TBAC-containing products . Out-of-State manufacturers of 

products containing TBAC for sale in the State are to report the estimated 

amount of actual emissions resulting from the use of their products in the 

State . In-State manufacturers of TBAC or products containing T'BAC are 

to report the estimated amount of actual emissions resulting from the 

manufacturing of their products in the State. Additionally, these in-State 

manufacturers that sell TBAC or products containing TBAC in the State 

are to report the estimated amount of actual emissions resulting from the 

use of their products in the State . 

N.J.A.C . 7:27-34 .3 Reporting requirements 

Proposed N.J .A .C. 7 :27-34 .3 is based on the registries required under 

N.J.A .C . 7 :27-21, 23 and 24 (the rules for the emission statements, 

architectural coatings and consumer products programs, respectively) . 

The proposed reporting requirements include manufacturer information, 

such as street and mailing address, contact information, TBAC emissions 

in pounds per ozone season day and pounds per year, method of 

emissions estimation, product brand, and product category. "TBAC 

emissions" is the only category of information requiring a calculation . 

The rest of the information is general information about the manufacturer 

and its products . 

The proposed rule requires that the information be submitted to the 

Department electronically, except for cases in which electronic submittal 

would create a hardship, and be accompanied by a certification signed by 

the person with direct knowledge and the responsible official . The 

Department proposes requiring annual submission of the TBAC 

emissions report to the Department by April 30 of the reporting year . 

N.J .A. .C. 7:27-34.4 Methods to estimate actual emissions 

Proposed N.J .A .C. 7 :27-34 .4 requires the use of TBAC emission 

quantification methods in the hierarchy set forth in Table 1 at N.J .A .C . 

727-34.4 . The manufacturer is required to choose from the table the 

highest-ranking method that is reasonably available and that provides the 

most accurate estimation of the actual emissions from the emission 

source . The table is based on Table 3 at N.J.A.C . 7 :27-21 .6 (the rules for 

the emission statements program) ; therefore, the proposed table focuses 

on manufacturers who have facilities in the State producing the products . 

However, the table provides enough variability that out-of-State 

manufacturers who sell their products in the State should still be able to 

use it. For most manufacturers, the most appropriate method would be 

mass/material balance . But, if a manufacturer cannot use any of the listed 

methods, the proposed rules also provide procedures on how to document 

the method used. Proposed N.J.A.C . 7 :27-34 .4(b) allows for the use of a 

lower-ranking method and proposed N.J .A .C . 7 :27-34 .4(c) requires 

documentation of the selection of the lower-ranking method. 

The Department recognizes that the use of good engineering judgment 

is inherent in the selection, use, and development of any specific 

calculation methodology. For example, the decision as to whether an AP42 emission factor is appropriate for a given piece of equipment always 

involves good or best engineering judgment . The manufacturer will 

indicate that good engineering judgment was used when no other 

calculation methodology code adequately describes the primary method 

selected to estimate and report emissions for a given air contaminant. For 

example, if stack test data were relied upon to develop the emission 

estimates for a given source but the stack test data from several stack tests 

were averaged to report one annual estimate of emissions, the 

manufacturer would report "source test" as the method used, rather than 

good engineering judgment . If a facility has stack testing results showing 

emissions from a source, the facility should apportion those emissions 

into the reported emission values using actual process rates. For example, 

if stack testing was performed under a certain load, then those results 

should be used for the period of the year that the source operated under 

that load . If available, another emission factor or stack test result should 

be used for the period of time the source operated under other than stackNEW JERSEY REGISTER, MONDAY, NOVEMBERS, 2007 (CITE 39 N.J .R. 4503) 
ENVIRONMENTAL PROTECTION 

test-performed loads . Conversely, a facility may use the stack test results 

without modification if good engineering judgment suggests that those 

results are representative of the emissions during actual operations . The 

emission factor would then be the pounds per hour emission rate derived 

from the stack test. The Department expects any facility that performed a 

stack test approved by either the USEPA or the Department to factor 

those emission results into its reported emission values . Also note that 

AP-42 Emission Factors are recommended to be used over a nonapproved stack test - that is, they rank higher in the hierarchy in Table 1 . 

If a facility uses a stack test that is not USEPA or Department-approved, 

the Department would be unable to determine whether the results that the 

facility obtains and reports are scientifically valid. Accordingly, AP-42 

Emission Factors are preferred to a non-approved stack test 

N.J .A.C . 7:27-34 .5 Recordkeeping requirements 

The Department proposes at N.J .A.C . 7 :27-34 .5(a) to require a 

manufacturer to retain electronic and paper copies of the TBAC emission 

report and all background documentation for five years, which is 

consistent with the length of time the Department requires similar records 

to be retained, such as in the Emission Statements Program (N.J .A.C . 

7 :27-21) . Proposed N.J.A.C. 7:27-34 .5(b) and (c) require the records to 

be made available for inspection by the Department and submitted to the 

Department upon written request . 

Chapter 27A. Air Administrative Procedures and Penalties 

Subchapter 3. Civil Administrative Penalties and Requests for 

Adjudicatory Hearings 

N.J .A.C . 7:27A-3 .10 Civil administrative penalties for violation of rules 

adopted pursuant to the Act 

The Department proposes to amend N.J.A.C . 7:27A-3 .10(m)24 to add 

penalties for violations of proposed N.J .A.C . 7:27-24, and to add new 

penalties for violations of proposed N.J .A .C . 7:27-26 and N.J.A.C . 7:27-

34 . The proposed new penalty provisions for N.J .A .C . 7:27-24 pertain to 

chlorinated toxic air contaminants and, therefore, the penalty amounts are 

similar to N.J .A.C . 7:27-24 .4(t) (renumbered as proposed N.J.A.C . 7:27-

24 .4(m)) for chlorinated toxic air contaminants . The proposed new 

penalty provisions for violations of N.J .A .C . 7:27-26 are consistent with 

penalties for violations of similar provisions at N.J .A.C . 7:27-24. The 

penalties for violations of the TBAC emissions reporting requirements 

are consistent with existing penalties for similar violations of N.J .A.C . 

7:27-21 . In addition, the Department proposes to designate new penalties 

as either minor or non-minor in accordance with the Grace Period Law, 

N.J .S .A . 13 :ID-125 through 133, and consistent with similar penalty 

provisions in N.J.A .C . 7:27A-3 .10(m). 

Social Impact 

The Department anticipates that these proposed new rules and 

amendments will have a positive social impact on the general public . This 

rulemaking is primarily designed to reduce VOC emissions to help the 

State make progress toward attainment of the health based NAAQS for 

eight-hour ozone. It will also reduce chlorinated toxic air contaminants in 

various consumer products, The general public will benefit from the 

proposed rules because exposure to ground-level ozone and air toxics is a 

health concern in New Jersey . 

Ozone exposure can cause several health effects, including irritation of 

the lungs. This can make the lungs more vulnerable to diseases, such as 

pneumonia and bronchitis, increase incidents of astluna and susceptibility 

to respiratory infections, reduce lung function, reduce an individual's 

ability to exercise and aggravate chronic lung diseases . Increased ozone 

concentrations severely affect the quality of life for susceptible 

populations (small children, the elderly, and asthmatics) and present 

health risks for everyone . Exposure to ozone for several hours at 

relatively low concentrations significantly reduces lung function and 

induces respiratory inflammation in normal, healthy people during 

exercise. This decrease in lung function is generally accompanied by 

symptoms such as chest pain, coughing, sneezing, and pulmonary 

congestion. Recent research in Southern California strongly suggests that, 

in addition to exacerbating existing asthma, ozone also causes asthma in 

children. (See Mid-Atlantic Regional Air Management Association 

(MARAMA) A Guide to Mid-Atlantic Regional Air Quality, Appendix 

PROPOSALS 

A, Health Effects of Air Pollutants, October 2005, available at 

httn ://www.marama.or¢/renorts/Guide-MidAtlantic RegAQ_Finalpd£ 

See also USEPA, Ground-level Ozone - Health and Environment, 

available at http ://www .epa .eov/air/ozone»ollufion/health .html.) 

Long-term exposure to ozone may lead to scarring of lung tissue and 

lowered lung efficiency . Repeated exposure may cause permanent lung 

damage. When ozone reaches unhealthy levels, children, people who are 

active outdoors, and people with respiratory disease are most at risk . 

The Department estimates that attaining the Federal health standard for 

ozone in New Jersey would eliminate about 40,000 asthma attacks each 

year and substantially reduce hospital admissions and emergency room 

visits among children and adults with asthma and other respiratory 

diseases. (See New Jersey Department of Environmental Protection, In 

Pursuit of Clean Air - Ozone, available at http ://www.state .nj,.us/depf 

igoca/ozone .htm.) As such, implementing the proposed amendments and 

new rules would not only yield greater air quality benefit, but also would 

save lives and money and provide better living conditions for the people 

of New Jersey, especially the susceptible populations. . 

In addition to the positive social impact from reducing ozone 

concentrations, reducing long-term exposure to low concentrations of 

VOCs will also have beneficial health effects . Therefore, decreasing and 

thus decreasing VOC emissions provides a positive social impact. The 

health effects of VOCs may include elevation of serum enzyme levels, 

mild cellular changes and changes in lipid metabolism . At somewhat 

higher concentrations, breathing these contaminants may cause irritation 

of the respiratory tract . (See Colorado Department of Public Health and 

Environment, November 2000 Volatile Organic Compounds Health 

Effects Fact Sheet, available at httn ://www .cdphe .state.co .us/lurJschlage/ 

vocfactsheet .odf.) 

Acute effects include eye irritation and watering, nose irritation, throat 

irritation, headaches, nausea/vomiting, dizziness and asthma 

exacerbation. Chronic effects include cancer, liver damage, kidney 

damage and central nervous system damage. (See Minnesota Department 

of Health, September 2005 Volatile Organic Compounds - VOCs Fact 

Sheet. Available at http ://www .health.state .mn.us/divs/eb/indoorair/voc/.) 

In addition, several VOCs, including the chlorinated toxic air 

contaminants addressed by the proposed rules, are also classified as 

hazardous air pollutants (HAPs) under the Clean Air Act (42 U.S .C . 

§7412(b)) . HAPs are substances that cause serious health effects . The 

health effects include cancer, birth defects, nervous system problems and 

death due to massive accidental releases . (USEPA's Plain English Guide 

to the Clean Air Act, April 1993.) Common HAPs used in adhesives and 

sealants, for example, include methyl ethyl ketone, methyl isobutyl 

ketone, methanol, toluene, xylenes, hexane, and vinyl acetate . 

The proposed new rules and amendments will also directly reduce 

methylene chloride, perchloroethylene and trichloroethylene from 

automotive and other consumer products and paradichlorobenzene from 

certain other consumer products . As CARB stated in the executive 

summary to its automotive consumer products rule proposal, available at 

http ://www .arb .ca.gov/regact/amr/isor-vol l ndf: 

Exposure to Perc, MeCl, or TCE may result in both cancer and noncancer (acute and chronic) health effects to off-site receptors and on-site 

workers. The primary route of human exposure for these compounds is 

inhalation. Non-cancer effects from exposure to Perc include headache, 

dizziness, rapid heartbeat, and liver and kidney damage. Non-cancer 

effects from exposure to MeCl include cardiac arrhythmia and loss of 

consciousness. Non-cancer effects from exposure to TCE include 

headache, nausea, tremors, and respiratory irritation. These health effects 

may also result from exposures that occur within the workplace for all 

three compounds. 

CARB noted that alternative products and processes are effective in 

cleaning and degreasing, based on claims that manufacturers make on the 

product labels of non-chlorinated products and on their websites . And, as 

CARB Rather noted in the executive summary, additional benefits from 

these rules include reduced waste water and hazardous waste 

contamination, and reduced workplace exposure. 

In the Executive Summary of CARB's Initial Statement of Reasons for 

its rule proposal addressing paradichlorobenzene in consumer products, 

CARB stated : 

(CITE 39 N.J.R 4504) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

[Paradichlorobenzene] is a chlorinated benzene compound designated 

by the International Agency for Research on Cancer to be possibly 

carcinogenic to humans (Group 2B) . It is also a California [toxic air 

contaminant] and a federal Hazardous Air Pollutant (HAP). As such, 

PDCB has potential carcinogenic and non-cancer health effects . 

CARB noted further that a concern for the health impacts of 

paradichlorobenzene had led many other entities to ban its use in 

consumer products. 

Many entities have a policy against the purchase or use of 

(paradichlorobenzene] products in their facilities, including the City of 

Seattle, Washington; Erie County, New York; the New York Department 

of Corrections; and the Fire Department of New York City. The state of 

Vermont has banned its state agencies from purchasing 

[paradiclilorobenzene] products . In addition, the New York State 

Legislature is currently considering a statewide ban on the sale or use of 

[paradichlorobenzene] products in any location open to access by the 

public . 

In evaluating the proposal's impact on the cancer health risk, CARB 

also noted: 

Staff estimates that in the seven categories where staff proposes 

prohibitions of methylene chloride, perchloroethylene, and 

trichloroethylene, for a given category, up to 64 chances of potential 

excess cancer cases per million persons would be avoided statewide . As 

for para-dichlorobenzene, we estimate that 9 potential excess cancers per 

million persons would be avoided statewide . These estimates are based 

on outdoor, near-source, exposure over a 70 year lifetime . Further, for 

reductions of para-dichlorobenzene, we estimate that there would be 145 

potential excess cancer cases per million avoided as a result of indoor 

exposure . 

This would be in addition to the cancer risk reductions from 

eliminating methylene chloride, perchloroethylene, and trichloroethylene 

from automotive consumer products in the separate CARB rulemaking. 

Further information on the health effects of these compounds is 

available from the USEPA Technology Transfer Network Air Toxics 

Website (Health Effects Notebook for Hazardous Air Pollutants) at 

http ://www.epa.g,ov/ttn/atw/hlthef/hanindex.html . 

Economic Impact 

Chemically formulated consumer products 

CARB estimates that the cost effectiveness of VOC limits with an 

effective date of December 31, 2006 (those limits included in the OTC 

2007 model rule for 2009 implementation) to be about $4,000 per ton of 

VOC reduced. (See CARB, "Initial Statement of Reasons for Proposed 

Amendments to the California Aerosol Coating Products, Antiperspirants 

and Deodorants, and Consumer Products Regulations, Test Method 310, 

and Airborne Toxic Control Measure for Para-dichlorobenzene Solid Air 

Fresheners and Toilet/Urinal Care Products Volume I: Executive 

Summary," June 24, 2004 .) CARB further estimates the average increase 

in cost per unit to the manufacturer to be about $0.16. For some product 

categories, it was assumed that manufacturers would either drop the 

products or implement minor reformulation changes. For other 

categories, manufacturers would undertake complete production line 

overhaul and equipment replacement rather than simple retooling. These 

costs are likely to be less in the Ozone Transport Region and New Jersey 

because some of the research and reformulation costs to develop 

compliant products for California need not be incurred again for many 

nationally distributed products sold in the Ozone Transport Region . 

Additionally, some existing products manufactured before the new 

content requirements are in effect can be sold as long as they are properly 

dated, thus further reducing the cost impact to the manufacturer . 

Companies that supply raw materials for existing non-compliant 

products may experience a decline in demand for their products . On the 

other hand, companies that supply solvents, other chemicals and 

equipment for use in reformulating the products could potentially benefit 

from the proposed new rules and amendments as they experience an 

increase in demand for their products . 

Distributors and retailers may be impacted if the potential increase in 

the cost of products dampens demand for the products . It is assumed that 

manufacturers, distributors and retailers pass on any additional 

ENVIRONMENTAL PROTECTION 

compliance costs to the consumers . This may be conservative, because 

the manufacture may absorb some or all of the cost of compliance . Based 

on the projected low potential impact on consumers, the Department does 

not anticipate any significant adverse economic impacts for distributors 

and retailers . 

Portable fuel containers 

The proposed amendments are expected to have a minimal economic 

impact. In the Summary of Comments and Agency Response of CARB's 

July 2006 Final Statement of Reasons concerning the second phase of its 

rulemaking, CARB noted that the Portable Fuel Container Manufacturers 

Association (PFCMA) supported its rulemaking . PRCMA indicated that 

it believed the amendments would allow the development of products that 

would avoid problems associated with current products, that are more 

intuitive and easy to use for consumer, and that would ultimately lead to 

emission reductions . Kerosene containers that were not previously 

regulated in New Jersey will be covered by the proposed sell-through 

provisions for up to a year after the operative date of the rules, if properly 

dated and labeled solely for use with kerosene. Manufacturers of portable 

fuel containers have already incurred research and engineering costs in 

order to meet the 2005/2006 standards in California. No further research 

and engineering should be necessary, inasmuch as the proposed standards 

are the same as those in effect in California . There are no additional costs 

associated with the Department's rules in this regard. The proposed 

amendments regarding kerosene containers will have very little economic 

impact on retailers because there is a relatively small market for kerosene 

containers in the State, and very few retailers offer kerosene containers 

for sale . 

The Department does not anticipate significant adverse economic impact 

on portable fuel container and spout manufacturers, distributors, retailers, 

businesses that use portable fuel containers, or consumers . The Department 

assumes manufacturers will pass on to consumers the cost of compliance, if 

any. The potential cost increase to the consumer is not expected to impose a 

noticeable adverse impact. Portable fuel containers are not expensive, and 

they have a long useful life. The USEPA noted in its February 2007 

Regulatory Announcement, Control of Hazardous Air Pollutants from 

Mobile Sources: Final Rule to Reduce Mobile Source Air Toxics (including 

the portable fuel container final rule) that the reduced evaporation from 

containers will result in gasoline savings over the life of the container that 

will more than offset the increased cost for the container . (The Regulatory 

Announcement is available from the USEPA's website at 

htto ://www .epa.gov/otaq/rees/toxics/420f070l7 .1)df.) 

CARB estimates that the cost of its 2005/2006 amendments would 

range from $0.40 to $0.70 per pound of VOC reduced, or $800.00 to 

$1,400 per ton of VOC reduced . (See CARB's "Staff Report: Initial 

Statement of Reasons for Proposed Amendments to the Portable Fuel 

Container Regulations," July 29, 2005, pg. 27 .) Using CARB's projected 

costs for the Ozone Transport Region provides a conservative estimate, as 

some of the one-time research and reformulation costs incurred for 

products sold in California will not have to be incurred again . 

Adhesives and sealants 

The cost of complying with the proposed new requirements includes 

the cost of using alternative formulations of low-VOC or water-based 

adhesives, sealants, adhesive primers, and sealant primers and cleanup 

products . Based on information provided by the Ventura County Air 

Pollution Control District, CARD determined that the cost-effectiveness 

of VOC limit component of its adhesives rule ranges from a savings of 

$1,060 per ton to a cost of $2,320 per ton of VOC reduced. (See CARB's 

"Determination of Reasonably Available Control Technology and Best 

Available Retrofit Control Technology for Adhesives and Sealants," 

December 1998, pg . 17 .) These costs are likely to be less in the Ozone 

Transport Region . CARB also reports an estimated cost of $9,000 to 

$110,000 per ton of VOC reduced, based upon the use of add-on control 

equipment to comply with the requirements . 

Reducing chlorinated toxic air contaminants 

The proposed amendments to N.J .A .C . 7 :27-24 will reduce the amount 

of methylene chloride, perchloroethylene and trichloroethylene entering 

the environment by eliminating the use of these chlorinated toxic air 

contaminants in the automotive consumer products industry in New 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R 4505) 
ENVIRONMENTAL PROTECTION 

Jersey and in other consumer products commonly sold in the State . The 

proposed amendments will also reduce the amount of 

paradichlorobenzene, by eliminating its use in certain other consumer 

products categories . The proposed amendments will require automotive 

and other consumer products to switch to alternative technologies and 

formulations that do not require the use of these chlorinated toxic air 

contaminants . 

In the Executive Summary of its rule proposal to eliminate the use of 

methylene chloride, perchloroethylene and trichloroethylene in 

automotive repair products, available at http ://www.arb.ca .,gov/re¢act/ 

amr/isor-voll .odf. CARB discussed the cost-effectiveness of the 

regulations, and stated: 

Based on our analyses, we estimate that the cost-effectiveness of the 

proposed ATCM (airborne toxic control measure] ranges from essentially 

no cost to a high of about $0.23 per pound of methylene chloride, 

perchloroethylene and trichioroethylene reduced . The estimated average 

cost-effectiveness weighted by emissions reductions across all categories 

is about S0.03 per pound of methylene chloride, perchloroethylene and 

trichloroethylene reduced. 

The estimated average cost-effectiveness per cancer case avoided is 

$26,000 with a range of approximately $1,400 to $111,000 . 

The Department's proposed new regulations for automotive consumer 

products are similar to CARB's automotive repair products rules; 

therefore, the economic impacts for New Jersey also should be similar to 

those projected for California. CARB projected no significant economic 

impacts from its rulemaking . It found that companies that did not have a 

VOC product and chose to formulate one would be able to absorb the cost 

of reformulation with no adverse impacts on their profitability . 

CARB's analysis showed that raw material costs for the chlorinated 

toxic air contaminant-containing products were greater than the raw 

material costs for replacement products. This suggested that it should be 

less costly to manufacture compliant products . CARD found no 

noticeable differences between the market prices for products that use 

chlorinated air toxic contaminants and those that use VOC products, and 

concluded that there should be no economic impact on the consumer. 

A more detailed discussion of CARB's analysis of these economic 

impacts, including the potential additional cost to the consumer and 

availability of alternate automotive consumer products that do not contain 

chlorinated toxic air contaminants, can be obtained from CARB at 

http ://www.arb .ca .gov/regactfamr/amr,htm and httn ://www .arb.ca.eov/ 

toxics/amr/am_r .h_tm_ . 

Updating the definition of VOC/reporting TBAC emissions 

The Department anticipates that the proposed new rules and 

amendments exempting TBAC from emission limits, but requiring the 

reporting of TBAC emissions, will have no economic impact because the 

Department expects regulated entities to be able to use their existing 

personnel to provide the requested information. The Department 

anticipates the cost of records retention, if any, to be minimal. 

Penalty provisions 

The proposed new and amended provisions of the penalty schedule at 

N.J .A.C . 7:27A will have no economic impact on persons who comply 

with the air pollution control rules. For violators, the economic impact of 

the proposed rules will vary according to the severity of the violation. 

The proposed penalties for violations of the proposed new requirements 

at N.J .A.C . 7:27-24, 26 and 34 are comparable to violations of similar 

provisions elsewhere in N.J .A.C . 7:27A. 

Cost to the Department 

Additional Department resources may be needed to implement the 

proposed new rules and amendments. Resources will be needed to 

organize the date-code information submitted to the Department by the 

manufacturers and to continue to evaluate CARB's research and 

technology reviews . Staff will also be needed to process the TBAC 

emissions reports. While some resources will also be needed to enforce 

the rules, local County Environmental Health Act (CEHA) conununities 

will be asked to perform most of the enforcement monitoring as part of 

their annual work plan. This will represent a sma11 shift in the workload 

for these communities and Department oversight of the CEHA work plan. 

PROPOSALS 

Environmental Impact 

The proposed new rules and amendments will have a positive 

environmental impact. The primary environmental benefit will be a 

reduction in VOC emissions, which are precursor emissions to the 

formation of ground-level ozone . This will contribute towards the 

attainment of the health-based NAAQS for eight-hour ozone . Ozone 

interferes with the ability of plants to produce and store food, which 

makes them more susceptible to disease, insects, other pollutants, and 

harsh weather. Ozone damages the leaves of trees and other plants, 

ruining the appearance of cities, national parks, and recreation areas . 

Ozone reduces crop and forest yields and increases plant vulnerability to 

disease, pests, and harsh weather . This impacts annual crop production 

throughout the United States, resulting in significant losses, and injures 

native vegetation and ecosystems . Ground-level ozone also damages 

certain man-made materials, such as textile, fibers, dyes, and paints, 

requiring more frequent upkeep and repair. 

The proposed new rules and amendments are also expected to reduce 

emissions of hazardous air pollutants and toxic substances that cause 

serious environmental effects. For example, some toxic air pollutants can 

deposit onto soils or surface waters, where plants take them up. They can 

be ingested by animals and eventually magnified up through the food 

chain . Like humans, animals may experience health problems if exposed 

to sufficient quantities of air toxics over time . These health effects can 

include damage to the immune system, as well as neurological, 

reproductive (for example, reduced fertility), developmental, respiratory 

and other health problems . (See United States Environmental Protection 

Agency, Toxic Air Pollutants - About Air Toxics, Health and Ecological 

Effects . August 2006, available at http ://www .ena.eov/air/toxicair/ 

newtoxics .html#effects .) 

In addition, the proposed new rules and amendments are also expected 

to reduce emissions of HAPs and toxic substances such as ethyiene-based 

glycol ethers, methyl ethyl ketone, methanol, toluene, methyl bromide, 

xylenes, 1,3-dichloropropene, and chlorobenzene, and the constituents of 

gasoline, such as benzene, toluene, xylenes, ethylbenzene, hexane, and 

methyl tertiary butyl ether . The proposed new rules and amendments are 

also expected to reduce PM2.5, some of which is created from VOC 

emissions . 

Chemically formulated consumer products 

The Department estimates the VOC emissions from chemically 

formulated consumer products to be approximately 77 tons per day. The 

reduction benefit from the proposed rules affecting chemically 

formulated consumer products would be approximately 1 .2 tons per day 

in 2009, or approximately two percent from this category . These 

calculations are contained and explained in the final technical support 

document prepared for the Mid-Atlantic Regional Air Management 

Association (MARAMA) (Development of Emission Projections For 

2009, 2012, and 2018 For NonEGU Point, Area, and Nonroad Sources in 

the MANE-VU Region, Final Report February, 2007) . This report is 

available from MARAMA's website at httn ://www.marama.or¢/reports/ 

MANEVU-Etnission-Projections-TSD-022807 .pdf. 

The emission reduction benefit estimation methodology in the 

MARAMA technical support document is based on information 

developed by CARB in its 2005 amendments . Reductions were calculated 

for states in the OTR by extrapolating from California's population. The 

New Jersey-specific calculations are also documented in Chapter 6 and 

Appendix E of the New Jersey 8-hour Ozone Attainment State 

Implementation Plan (SIP), available from the Department's website at 

http ://www .state .ni .us/dep/baqp/sip/sinrevs .htm . 

Portable fuel containers 

The Department estimates VOC emissions from portable fuel 

containers in New Jersey to be approximately 31 .7 tons per day on a 

typical summer day in 2002. The Department estimates that 

implementation of the portable fuel container rules, as amended, will 

result in a reduction in VOC emissions in New Jersey of approximately 

6.1 tons per ozone season day in 2009. The Department's calculations are 

based on the projections in the MARAMA technical support document 

for VOC control measures in the Ozone Transport Region. These 

calculations are based on CARB's estimated VOC emission reduction 

(CITE 39 N.J.R. 4506) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

benefits from its 2006 amendments to its portable fuel container rules and 

extrapolated, based on population, for the Ozone Transport Region states . 

Recognizing that the full benefit will not be realized until there is 

complete turnover of the portable fuel container population in New 

Jersey, the Department projected a proportionate benefit for 2009. 

The proposed amendments and new rules will also improve water 

quality in the State's lakes, rivers and aquifers . Many marine pleasure 

craft, especially personal water craft, are refueled using portable fuel 

containers . Thus the possibility of fuel spillage during "on the water" 

refueling is always present. The spill-proof systems will allow users of 

pleasure craft to refuel their engines without fuel spillage, thereby 

reducing the amount of fuel discharged into bodies of water . In addition, 

use of the spill-proof systems to refuel lawn, garden, and small 

construction equipment will reduce fuel spills that could percolate into 

aquifers . 

Adhesives and sealants 

From 1998 to 2001, various Air Pollution Control Districts in 

California promulgated regulations similar to this proposal, limiting the 

VOC content of adhesives and sealants, based on CARB's model rule . 

New Jersey has no existing rules covering the VOC emissions of products 

from this source category . The Department estimates the VOC content 

limits for the solvent-based adhesives and sealants will result in a 64 

percent reduction in total VOC emissions from this source category. The 

Department's emission estimates and percent reductions were derived by 

extrapolating from California's population and adhesive and sealant 

usage data. Using this method, the Department estimates the reduction in 

VOC emissions to be more than 6 .9 tons per day in 2009 from 

implementing the amendments and new rules . 

Emissions from this category are classified as both point sources and 

area sources. About 96 percent of adhesive and sealant VOC emissions in 

the OTC states fall into the area source category. The remaining four 

percent of the VOC emissions are included in the point source inventory. 

For point sources, the Department first identified those sources 

included in the State-wide emissions inventory that were applying 

adhesives and sealants (using the source classification code of 4-02-007-

xx, adhesives application) . Next, the Department determined whether 

these sources had existing capture and control systems . Most of the 

controlled sources reported capture and destruction efficiencies in the 90 

to 98 percent range . Sources with existing control systems that exceed an 

85 percent overall capture and destruction efficiency would meet the 

OTC 2007 model rule provision for add-on air pollution control 

equipment; therefore, no VOC reductions were calculated for these 

sources . For point sources without add-on control equipment, the 

Department assumed a conservative 64 percent reduction based on 

reformulation rather than add-on air pollution control equipment. 

Reducing chlorinated toxic air contaminants 

The Department anticipates that the proposed new rules and 

amendments will significantly reduce emissions of the chlorinated toxic 

air contaminants methylene chloride, perchloroethylene and 

trichloroethylene from automotive products in 2009, resulting in 

significantly reduced health risks to the public. Ultimately, when only 

compliant products are sold in New Jersey, the proposed amendments to 

N.J .A.C . 7:27-24 will reduce these chlorinated toxic air contaminants 

emissions in New Jersey by approximately 460 tons per year . Most of this 

reduction is attributable to a projected reduction of about 370 tons per 

year of perchloroethylene. 

To estimate the reduction in emissions of chlorinated air toxic 

contaminants that would result from implementation of the proposed new 

rules and amendments, the Department looked to the calculations and 

projections developed by CARB for its automotive consumer products 

rulemaking. CARB adopted regulations eliminating the use of 

perchloroethylene, methylene chloride and trichloroethylene in automotive 

repair products effective April 1, 2001 . The Department's proposed new 

rules for automotive consumer products are based on those adopted by 

CARB, and so the Department projects impacts from this proposal similar 

to those projected by CARB. CARB provided emission estimates for 

automotive consumer products in the executive summary of its Initial 

Statement of Reasons (http://www .arb .ca gov/reeact/amr/isor-voll pdfl . 

ENVII20NNIENTAL PROTECTION 

CARB based the estimates of the emissions of methylene chloride, 

perchloroethylene and trichloroethylene from the automotive consumer 

products on information collected from surveys and site visits to facilities 

using these products. Based on the survey data, over eight million brake 

service and repair operations (brake jobs) are performed in California each 

year. Brake jobs account for the greatest use of these automotive products. 

CARB summarized the estimated statewide emissions of methylene 

chloride, perchloroethylene and trichloroethylene from the regulated 

automotive consumer product categories as follows: 

California Statewide Emission Estimates from 

Automotive Co'nsumer.Products 

(methylene chloride, perchloroethylene and trichloroethylene) 

Compound Air toxic emissions tons/da 

MeCI 0.7 

Perc 4.2 

TCE 0.3 

Total 5.2 

Assuming the use in New Jersey of these products is proportional to 

that in California, based on population, the Department made the 

following calculations . 

From: 

California population 34,441,000 

New Jersey population 8,392,000 

methylene chloride 

0.7 tons/day x 8392/34441 = 0.17 tons/day x 365 

tons/year 

days/yr = 62 

perchloroethylene . 

4.2 tons/day x 8392/34441 = 1 .02 tons/day x 365 days/yr = 373 

tons/year 

trichloroethylene 

0.3 tons/day x 8392/34441 = 0.07 tons/day x 365 days/yr = 27 

tons/year 

Total = 1 .26 tons/day = 462 tons/year total HAP 

Population figures were obtained from the United States Census 

Bureau at http ://www census eov/population/proiections/state/stpipoo txt . 

This reduction will have a positive environmental impact in terms of 

ground and groundwater contamination in New Jersey, as well . In addition 

to air-based environmental impacts, perchloroethylene has caused 

numerous problems with ground and ground water contamination. 

Perchloroethylene has been present in over 250 remedial investigations 

involving ground and groundwater contamination in New Jersey, several 

involving extensive and expensive remediation cleanup projects . Additional 

perchloroethylene contaminated sites are found every year. Examples can 

be seen in the Department's Publicly Funded Cleanups Site Status Reports 

for 2001, 2002, and 2003, which include descriptions of numerous 

contaminated sites that involve perchloroethylene contamination . 

The Department's Publicly Funded Cleanups Site Status Reports, 

2001, 2002 and 2003 are available at the Department's website, at 

http ://www state nj us/dep/sm/nublications/site status/2001/pdf/2001site 

status .odf; http ://www.state.nj.us/dep/srp/publications/site status/2002/ 

ndf/2002site status pdf: and http ://www.state.ni .us/dep/srp/publications/ 

site status/2003/pdt%2003 site status .pdf, respectively. 

Further information on these impacts, including the reduction on 

potential heath impacts and availability of alternate automotive consumer 

products that do not contain chlorinated toxic air contaminants, can be 

obtained from CARB at htto ://www.arb .ca.eov/regact/amr/amr.htm and 

httn ://www.arb .ca.eov/toxics/amr/amr.htm. 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R 4507) 
ENVIRONMENTAL PROTECTION 

Updating the definition of VOClreporting TBAC emissions 

The Department anticipates some positive environmental impact from 

these proposed new rules and amendments. The reporting of TBAC 

emissions allows states and the USEPA to gauge if there is an increase in 

the use of TBAC after it was exempted from the definition of VOC. If 

there is an increase, the USEPA and states can determine its extent . This 

is important, because the exemption for TBAC from the definition of 

VOC was based on the photochemical reactivity of TBAC, which is very 

low. But if the increase in TBAC use is large, then the increase may play 

a much larger role in the photochemistsy of ozone formation . 

Federal Standards Statement 

Executive Order No. 27 (1994) and N.J.S .A. 52:14B-1 et seq . (P.L. 

1995, c . 65) require State agencies that adopt, readopt or amend State 

regulations that exceed any Federal standards or requirements to include 

in the rulemaking document a Federal standards analysis . 

The Department is proposing amendments and new rules for which 

there are no Federal standards, as follows . There are no Federal standards 

establishing either VOC limits for or prohibiting or limiting the use of 

methylene chloride, perchloroethylene and trichloroethylene in the 

consumer and automotive products addressed by the Department's 

proposed new rules and amendments. There are no Federal standards 

establishing VOC limits or add-on control requirements for adhesives and 

sealants as provided in the Department's proposed new rules . The 

USEPA has adopted new rules regarding portable fuel containers, but the 

Department's new portable fuel container regulations will be consistent 

with those rules, in that portable fuel containers certified by the USEPA 

or by CARB (whose rules are comparable to the USEPA's) will be 

compliant with New Jersey's requirements . Accordingly, no further 

Federal standards analysis is required. 

The USEPA's definition of VOCs indicates that TBAC emissions are 

to be reported, but does not include the reporting requirements . The 

Department's proposed TBAC reporting requirements are consistent with 

the USEPA's rules . However, the proposed new rules and amendments 

are needed to fulfill a requirement, imposed by USEPA pursuant to the 

Federal Clean Air Act, 42 U.S .C. §§7401 et seq., that New Jersey adopt 

sufficient control measures to address additional VOC (ozone precursor) 

emission reductions identified by USEPA as being needed for New 

Jersey to attain the eight-hour ozone standard by the mandated attainment 

dates of 2010. Therefore, proposal of these new rules and amendments is 

necessary for the State to comply with Federal requirements . 

Accordingly, no further Federal standards analysis is required . 

New Jersey worked with the OTC and other jurisdictions in the Ozone 

Transport Region to develop a set of control measures to assist in 

designing an air quality management strategy to attain the eight-hour 

ozone attainment date by 2010. The VOC emission reductions achieved 

from the consumer products, portable fuel container, and the adhesive 

and sealant rules are a component of New Jersey's State Implementation 

Plan (or SIP) . The other States in the Ozone Transport Region are also 

working to adopt similar regulations . 

Jobs Impact 

The Department anticipates that the proposed new rules and 

amendments will have no impact on employment in New Jersey. 

Agriculture Industry Impact 

Pursuant to P.L . 1998, c. 48, the Department has evaluated this 

rulemaking to determine the nature and extent of impact of the proposed 

new rules and amendments on the agriculture industry . The Department 

expects the proposed new rules and amendments to have a positive 

impact on the State's agriculture industry . The primary environmental 

benefit will be a reduction in volatile organic compounds, which are 

precursor emissions that lead to the formation of ground-level ozone. As 

discussed in the Social Impact statement above, ground-level ozone is 

breathed by or comes in contact with crops and other vegetation as well 

as people and animals. Ground-level ozone interferes with various plants' 

ability to produce and store nutrients (A USEPA Fact sheet on the New 8-

Hour Ozone and Fine (2.5 microns) Particulate Matter Health Standards, 

July 1997) causing plants to become more susceptible to disease, insects, 

other pollutants and harsh weather. Not only are native plants and 

ecosystems injured, but also agricultural crop production suffers 

PROPOSALS 

significant losses throughout the U.S. If ground-level ozone is reduced, 

then agricultural crops will suffer less, and' the agricultural industry will 

benefit. 

The Department anticipates that the proposed rules concerning the 

reporting of TBAC emissions will have no impact on the agriculture 

industry because the agricultural industry does not manufacturer TBAC 

or any product containing TBAC. 

To the extent that agricultural establishments purchase and use 

portable fuel containers or VOC-containing products, the impact on them 

will not differ from the impact on other consumers, as discussed in the 

Economic Impact above . 

Regulatory Flexibility Analysis 

As required by the New Jersey Regulatory Flexibility Act, N.J .S .A . 

52:14B-16 et seq ., the Department has evaluate(t the reporting, 

recordkeeping, and other compliance requirements that the proposed new 

rules and amendments would impose upon small businesses, as described 

in the Summary above . The Regulatory Flexibility Act defines the term 

"small business" as "any business which is a resident in this State, 

independently owned and operated and not dominant in its field, and 

which employs fewer than 100 full-time employees ." Based upon this 

definition, small businesses may be subjected to additional requirements 

by the proposed new rules and amendments. 

The proposed new rules and amendments may affect small businesses, 

depending on the products they manufacture . In proposing these new 

rules and amendments, the Department has. balanced the need to protect 

the environment and the public health and to comply with the USEPA 

against any economic impacts of the rules upon businesses . No further 

exemption from coverage can be provided to small businesses if the full 

effect of these amendments is to be achieved. Owners and employees of 

small businesses will enjoy the environmental, health, and other social 

benefits of the new rules and amendments. Furthermore, securing the 

VOC emission reductions that would be realized through the new 

amendments is required by the USEPA, pursuant to the Federal Clean Air 

Act. Failure to achieve these reductions could subject New Jersey to 

economic sanctions, which would adversely affect all businesses in the 

State, including small businesses . The Department has determined that to 

exempt small businesses from any requirements or to reduce any 

requirements would compromise the goals of the rules and the emission 

reductions needed to reach attainment of the ozone standards . 

The flexibility options in the proposed new rules and amendments are 

applicable to large, as well as small, businesses. The future operative 

dates of January 1, 2009, and 2010, for compliance with the proposed 

VOC limits give both large and small businesses time to reformulate 

products to comply with the proposed new rules and amendments . The 

effective dates in CARB's consumer products rules vary from January 1, 

2006, for some chemically formulated consurner products to July 1, 2007, 

for portable fuel containers . Therefore, most national manufacturers will 

have to reformulate to be compliant in California prior to New Jersey's 

operative dates . Unlike California, which requires non-complying 

products to be sold within three years or removed from the market, the 

proposed New Jersey rules and amendments provide an unlimited sellthrough option, except in the case of automotive and other consumer 

products that contain methylene chloride, perchloroethylene, 

trichloroethylene or paradichlorobenzene, for which a limited sellthrough is provided . 

The Department does not anticipate that small businesses will need to 

employ professional services in order to comply with the administrative 

requirements of the proposed new rules and amendments . The labeling, 

administrative and recordkeeping requirements are not significantly 

different than the existing rules. There may be some businesses that need 

to employ a consultant to assist in the reformulation of products, or obtain 

additional employees to assist in the reformulation of products, although 

the reformulation of many national product lines would have already 

been completed to comply with the CARB rules. 

There should be no noticeable impact on any small businesses that 

manufacture portable fuel containers and spouts . There are no proposed 

new administrative requirements . The substitution of certification 

requirements for standards should not generate any burden on any small 

businesses . Additionally, compliance with the new Federal rules for 

(CITE 39 N.J .R. 4508) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

portable fuel containers will reduce any impact from the New Jersey. 

specific rules . 

The proposed new regulations for adhesives and sealants will impose 

new recordkeeping requirements for some of the regulated parties, some 

of which may be small businesses . The Department designed these 

requirements to impose minimal, if any, burden on these small 

businesses, Only those businesses that are already keeping records as part 

of an air permit issued by the Department under N.J .A.C . 7 :27-8 are 

required to keep records concerning the regulated substances used, arid 

only those businesses that elect to comply with the new rules by using 

add-on controls will have to keep records of the materials used and the 

operation and maintenance of the add-on controls . Reporting of the 

recorded information is only at the request of the Department . 

With respect to the proposed TBAC emissions-reporting requirement, 

although a small business would be subject to the reporting, 

recordkeeping, and compliance requirements, no small business would be 

required to retain a consultant or other professional in order to comply 

with the proposed amendments and new rules. The Department expects 

that such small businesses already have personnel who keep records on 

the amount of products made and sold . Using that information, personnel 

could provide the proposed reporting requirement within a few days . The 

Department finds this to be minimal effort at minimal cost from the 

regulated entity's standpoint . 

Smart Growth Impact 

Executive Order No. 4 (2002) requires State agencies that adopt, 

amend or repeal State regulations to include in the rulemaking document 

a Smart Growth Impact statement that describes the impact of the 

proposed new rules and amendments on the achievement of smart growth 

and implementation of the State Development and Redevelopment Plan 

(State Plan) . The proposed new rules and amendments are to be 

implemented evenly Statewide and, therefore, do not relate to the State's 

official land use and development policies in a way that would either 

encourage or discourage any development or redevelopment . in this State 

contrary to the guiding principles o ¬ the State Plan . As a result, the 

Department does not expect this rulemaking to have an impact on the 

State's achievement of smart growth or implementation of the State Plan. 

Because the proposed new rules and amendments are intended to 

reduce the emission of volatile organic compounds into the State, thereby 

helping to protect air quality, the proposed amendments and new rules 

support the State Plan's goal of protecting the environment and 

preventing air pollution by implementing a strategy of reducing air 

pollution at the source . 

Full test of the proposal follows (additions indicated in boldface thus ; 

deletions indicated in brackets [thus]) : 

CHAPTER 27 

AIR POLLUTION CONTROL 

SUBCHAPTER 8 . PERNIITS AND CERTIFICATES FOR MINOR 

FACILITIES (AND MAJOR FACILITIES 

WITHOUT AN OPERATING PERMIT) 

7 :27-8 .1 Definitions 

The following words and terms, when used in this subchapter, shall 

have the following meanings, unless the context clearly indicates 

otherwise . 

"Volatile organic compound" or "VOC" means [any compound of 

carbon (other than carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbonates, metallic carbides, and ammonium carbonate) which 

participates in atmospheric photochemical reactions. For the purpose of 

determining compliance with emission limits or content standards, VOC 

shall be measured by test methods, or which have been approved in 

writing by the Department. This term excludes those compounds which 

EPA has excluded from its definition of VOC in the list set forth at 40 

CFR 51 .100(s)(1), which is incorporated by reference herein, together 

with all amendments and supplements. As of April 9, 1998, the 

compounds and classes of perfluorocarbons excluded from EPA's 

definition of VOC at 40 CFR 51 .100(s) are set forth below: 

ENVIRONMENTAL PROTECTION 

methane 

ethane 

methylene chloride (dichloromethane) 

1,1,1-trichloroethane (methyl chloroform) 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) 

trichlorofluoromethane (CFC" 11) 

dichlorodifluoromethane (CFC-12) 

chlorodifluoromethane (HCFC-22) 

trifluoromethane (BFC-23) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CPC- 114) 

chloropentafluoroethane (CFC-115) 

2,2-dichloro-1,1,1-trifluororethane (HCFC-123) 

1,1,1,2-tetrafluoroethane (ITC-134a) 

1, t-dichloro-l-fluoroethane (HCFC-141b) 

1-chloro-l,l-difluoroethane (HCFC-142b) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

pentafluoroethane (IdFC-125) 

1,1,2,2-tetrafluoroethane (IdFC-134) 

1,1,1-trifluoroethane (IFC-143a) 

1,1-difluoroethane (IIF'C-152a) 

parachlorobenzotrifluoride (PCBTF) 

cyclic, branched, or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (IdFC 43-lOmee) 

difluoromethane (HFC-32) 

ethylfluoride (HFC-161) 

1,1,1,3,3,3-hexafluoropropane (I-IF'C-236fa) 

1,1,2,2,3-pentafluoropropane (HFC-245ca) 

1,1,2,3,3-pentafluoropropane (IFC-245ea) 

1,1,1,2,3-pentafluoropropane (IIFC-245eb) 

l,l,1,3,3-pentafluoropropane (I-R'C-2456) 

1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 

1,1,1,3,3-pentafluorobutane (I1FC-365mfc) 

chlorofluoromethane (HCFC-31) 

1-chloro-l-fluoroethane (HCFC-151 a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4FsOCH3) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)ZCFCFZOCH3) 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4FvOCZHs), 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CFs)zCFCFZOCZHs) 

methyl acetate 

perfluorocarbon compounds which fall into these classes : 

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 

sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine 

If there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40 CFR 51 .100(s)(1) shall control] a 

volatile organic compound as that term is defined by the EPA at 40 

CFR 51 .100(s), as supplemented or amended, which is incorporated 

6y reference herein . 

SUBCHAPTER 16 . CONTROL AND PROHIBITION OF AIR 

POLLUTION BY VOLATILE ORGANIC 

COMPOUNDS 

7 :27-16 .1 Definitions 

The following words and terms, when used in this subchapter, have the 

following meanings, unless the context clearly indicates otherwise . 

"Volatile organic compound" or "VOC" means [any compound of 

carbon (other than carbon monoxide, carbon dioxide, carbonic acid, 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R . 4509) 
ENVIRONMENTAL PROTECTION 

metallic carbonates, metallic carbides, and ammonium carbonate) which 

participates in atmospheric photochemical reactions . For the purpose of 

determining compliance with emission limits or content standards, VOC 

shall be measured by test methods in the approved SIP (such as N.J .A.C . 

7:27B-3) or 40 CFR Part 60, Appendix A, as applicable, or which have 

been approved in writing by the Department and are acceptable to EPA. 

This term excludes those compounds which EPA has excluded from its 

definition of VOC in the list set forth at 40 CFR 51 .100(s)(1), which is 

incorporated by reference herein, together with all amendments and 

supplements . As of April 9, 1998, the compounds and classes of 

perfluorocarbons excluded from EPA's definition of VOC at 40 CFR 

51 .100(s) are set forth below: 

methane 

ethane 

methylene chloride (dichloromethane) 

L,1,1-trichloroethane (methyl chloroform) 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) 

trichlorofluoromethane (CFC-11) 

dichlorodifluoromethane (CFC-12) 

chlorodifluoromethane (HCFC-22) 

trifluoromethane (HFC-23) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-I14) 

chloropentafluoroethane (CFC-115) 

2,2-dichloro-1,1,1-trifluororethane (HCFC-123) 

1,1,1,2-tetrafluoroethane WC-134a) 

1,1-dichloro-l-fluoroethane (HCFC-141b) 

l-chloro-l,l-difluoroethane (HCFC-142b) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

pentafluoroethane (HFC-125) 

1,1,2,2-tetrafluoroethane (IIFC-134) 

1,1,1-trifluoroethane (HFC-143a) 

1,1-difluoroethane (IIFC-152a) 

parachlorobenzotrifluoride (PCBTF) 

cyclic, branched, or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentafluoroptopane (HCFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) 

difluoromethane (FH'C-32) . 

ethylfluoride (IiFC-161) 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 

1,1,2,2,3-pentafluoropropane (IUC-245ca) 

1,1,2,3,3-pentafluoropropane (IJFC-245ea) 

1,1,1,2,3-pentafluoropropane (HFC-245eb) 

1,1,1,3,3-pentafluoropropane (HFC-245fa) 

1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 

1,1,1,3,3-pentafluorobutane (HFC-365mfc) 

chlorofluoromethane (HCFC-31) 

1-chloro-l-fluoroethane (HCFC-151 a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH,) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)=CFCFZOCH3) 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (CaF90C2H5) 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)zCFCFzOCZH$) 

methyl acetate 

perfluorocarbon compounds which fall into these classes : 

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 

sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine 

If there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40 CFR 51 .100(s)(1) shall control] a 

volatile organic compound as that term is defined by the EPA at 40 

PROPOSALS 

CFR 51 .100(s), as supplemented or amended, which is incorporated 

by reference herein . 

SUBCHAPTER 17 . CONTROL AND PROHIBITION OF AIR 

POLLUTION BY TOXIC SUBSTANCES 

7 :27-17 .1 Definitions 

The following words and terms, when used in this subchapter, shall 

have the following meanings, unless the context clearly indicates 

otherwise. 

"Volatile organic compound" or "VOC" means [any compound of 

carbon (other than carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbonates, metallic carbides, and ammonium carbonate) which 

participates in atmospheric photochemical reactions . For the purpose of 

determining compliance with emission limits or content standards, VOC 

shall be measured by test methods in the approved SIP (such as N.J.A.C . 

7 :27B-3) or 40 CFR Part 60, Appendix A, as applicable, or which have 

been approved in writing by the Department and are acceptable to EPA. 

This term excludes those compounds which EPA has excluded from its 

definition of VOC in the list set forth at 40 CFR 51 .100(s)(1), which is 

incorporated by reference herein, together with all amendments and 

supplements . As of April 9, 1998, the compounds and classes of 

perfluorocarbons excluded from EPA's definitions of VOC at 40 CFR 

51 .100(s) are set forth below: 

methane 

ethane 

methylene chloride (dichloromethane) 

1,1,1-trichloroethane (methyl chloroform) 

trichlorofluoromethane (CFC-11) 

dichlorodifluoromethane (CFC-12) 

chlorodifluoromethane (HCFC-22) 

trifluoromethane (HFC-23) 

1,1,2-trichloro-1,2,2,-trifluoroethane (CFC-113) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114) 

chloropentafluoroetharne (CFC-115) 

2,2-dichloro-1,1,1-trifluoroethane (HCFC-123) 

1,1,1,2-tetrafluoroethane (HFC-134a) 

1,1-dichloro-l-fluoroethane (HCFC-1416) 

1-chloro-l,l-difluoroethane (HCFC-142b) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

pentafluoroethane WC-125) 

1,1,2,2-tetrafluoroethane (IFC-134) 

1,1,1-trifluoroethane (HFC-143a) 

l,l-difluoroethane (HFC-152a) 

Parachlorobenzotrifluoride (PCBTF) 

cyclic, branched, or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-lOmee) 

difluoromethane (HFC-32) 

ethylfluoride (HFC-161) 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 

1,1,2,2,3-pentafluoropropane (1FC-245 ca) 

1,1,2,3,3-pentafluoropropane (I-IFC-245ea) 

1,1,1,2,3-pentafluoropropane (I-IF'C-245eb) 

1,1,1,3,3-pentafluoropropane (HFC-245fa) 

1,1,1,2,3,3-hexafluoropropane WC-236ea) 

1,1,1,3,3- pentafluorobutane (HFC-365mfc) 

chiorofluoromethane (HCFC-31) 

1-chloro-l-fluoroethane (HCFC-151a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH3) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)ZCFCFZOCH3) 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F900H5) 

(CITE 39 N.J .R 4510) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)ZCFCF20C2H5) 

methyl acetate 

Perfluorocarbons compounds which fall into these classes : 

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 

sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine 

If there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40 CFR 51 .100(s)(1) shall control] a volatile 

organic compound as that term is defined by the EPA at 40 CFR 

51 .100(s), as supplemented or amended, which is incorporated by 

reference herein . 

SUBCHAPTER 18 . CONTROL AND PROHIBITION OF AIR 

POLLUTION FROM NEW OR ALTERED 

SOURCES AFFECTING AMBIENT AIR 

QUALITY (EMISSION OFFSET RULES) 

7:27-18 .1 Definitions 

The following words and terms, when used in this subchapter, shall 

have the following meanings, unless the context clearly indicates 

otherwise . 

. . ."Volatile organic compound" or "VOC" (shall have the meaning 

defined for this term at N.J .A .C. 7 :27-16 .11 means a volatile organic 

compound as that term is defined by the EPA at 40 CFR 51.100(s), as 

supplemented or amended, which is incorporated by reference 

herein . 

SUBCHAPTER 19 . CONTROL AND PROHIBITION OF AIR 

POLLUTION FROM OXIDES OF NITROGEN 

7 :27-19 .1 Definitions 

The following words and terms, when used in this subchapter, shall 

have the following meanings, unless the context clearly indicates 

otherwise . 

"Volatile organic compound," or "VOC," means [any compound of 

carbon (other than carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbonates, metallic carbides, and ammonium carbonate) which 

participates in atmospheric photochemical reactions. For the purpose of 

determining compliance with emission limits or content standards, VOC 

shall be measured by test methods which have been approved in writing 

by the Department. This term does not include the compounds which 

EPA has excluded from its definition of VOC in the list set forth at 40 

CFR 51 .100(s)(1), which is incorporated by reference herein, together 

with all amendments and supplements . As of April 9, 1998, the 

compounds and classes of perfluorocarbons excluded from EPA's 

definitions of VOC at 40 CFR 51 .100(s) are set forth below: 

methane 

ethane 

methylene chloride (dichloromethane) 

1,1,1-trichloroethane (methyl chloroform) 

1,1,2-trichloro-1,2,2-trifluroroethane (CFC-113) 

trichlorofluoromethane (CFC-I1) 

dichlorodifluoromethane (CFC-12) 

chlorodifluoromethane (HCFC-22) 

trifluoromethane (HFC-23) 

1,1,2-trichloro-1,2,2,-trifluoroethane (CFC-113) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114) 

chloropentafluoroethane (CFC-115) 

2,2-dichloro-1,1,1-trifluoroethane (HCFG123) 

1,1,1,2-tetrafluoroethane (HFC-134a) 

1,1-dichloro-l-fluoroethane (HCFC-1416) 

1-chloro-1,1-difluoroethane (HCFC-1426) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

ENVIRONMENTAL PROTECTION 

pentafluoroethane (HFC-125) 

1,1,2,2-tetrafluoroethane (fIF'C-134) . 

1, I,1-trifluoroethane (F1FC-143a) 

1,1-difluoroethane (HFC-152a) 

parachlorobenzotrifluoride (PCBTF) 

cyclic, branched, or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentatluoropropane (HCFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (IiFC 43-lOmee) 

difluoromethane (BFC-32) 

ethylfluoride (FIF'C-161) 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 

1,1,2,2,3-pentafluoropropane (HFC-245ca) 

1,1,2,3,3-pentafluoropropane (HFC-245ea) 

1,1,1,2,3-pentafluoropropane (BFC-245eb) 

1,1,1,3,3-pentafluoropropane (HFC-245fa) 

1,1,1,2,3,3-hexafluoropropane (FIF'C-236ea) 

1,1,1,3,3-pentafluorobutane (FFC-365mfc) 

chlorofluoromethane (HCFC-31) 

1-chloro-l-fluoroethane (HCFC-151a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F,OCH,) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

(CF,)ZCFCF20CH3) . 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F90CZH5) 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)xCFCFZOCZHs) 

methyl acetate 

perfluorocarbon compounds which fall into these classes : 

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 

sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine 

If there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40 CFR 51 .100(s)(1) shall control] a 

volatile organic compound as that term is defined by the EPA at 40 

CFR 51 .100(s), as supplemented or amended, which is incorporated 

by reference herein. 

SUBCHAPTER 21 . EMISSION STATEMENTS 

7 :27-21 .1 Definitions 

The following words and terms, when used in this subchapter, have the 

following meanings, unless the context clearly indicates otherwise . 

"Volatile organic compound" or "VOC" means [any compound of 

carbon (other than carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbonates, metallic carbides, and ammonium carbonate) which 

participates in atmospheric photochemical reactions. For the purpose of 

determining compliance with emission limits or content standards, VOC 

shall be measured by test methods which have been approved in writing 

by the Department. This term excludes those compounds which EPA has 

excluded from its definition of VOC in the list set forth at 40 CFR 

51 .100(s)(1), which is incorporated by reference herein, together with all 

amendments and supplements. As of April 9, 1998, the compounds and 

classes of perfluorocarbons excluded from EPA's definition of VOC at 

40 CFR 51 .100(s) are set forth below: 

methane 

ethane 

methylene chloride (dichloromethane) 

1,1,1-trichloroethane (methyl chloroform) 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) 

trichlorofluoromethane (CFC-I1) 

dichlorodifluoromethane (CFC-12) 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R . 4511) 
ENVIRONMENTAL PROTECTION 

chlorodifluoromethane (HCFC-22) 

trifluoromethane (IFC-23) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114) 

chloropentafluoroethane (CFC-115) 

2,2-dichloro-1,1,1-trifluororethane (HCFG123) 

1,1,1,2-tetrafluoroethane (I1F'C-134a) 

1,1-dichloro-l-fluoroethane (HCFC-141b) 

1-chloro-1,1-difluoroethane (HCFC-142b) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

pentafluoroethane (I-TFC-125) 

1,1,2,2-tetrafluoroethane (HFC-134) 

1,1,1-trifluoroethane (HFC-143 a) 

1,1-difluoroethane (I1FC-152a) 

parachlorobenzotrifluoride (PCBTF) 

cyclic, branched, or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) 

difluoromethane (IIFC-32) 

ethylfluoride (I-IF'C-161) 

1,1,1,3,3,3-hexafluoropropane (I-iFC-236fa) 

1,1,2,2,3-pentafluoropropane (HFC-245ca) 

1,1,2,3,3-pentafluoropropane (IIF'C-245ea) 

1,1,1,2,3-pentafluoropropane (HFC-245eb) 

1,1,1,3,3-pentafluoropropane (I-iFC-245fa) 

1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 

1,1,1,3,3-pentafluorobutane (HFC-365mfc) 

chlorofluoromethane (HCFC-31) 

1-chloro-l-fluoroethane (HCFC-151 a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH3) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCF20CH3) 

I-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F90CZHs) 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)ZCFCF20CH5) 

methyl acetate 

perfluorocarbon compounds which fall into these classes : 

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 

sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bands only to 

carbon and fluorine 

If there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40CFR 51 .100(s)(1) shall control] a volatile 

organic compound as that term is defined by the EPA at 40 CFR 

51 .100(s), as supplemented or amended, which is incorporated by 

reference herein . 

SUBCHAPTER 22. OPERATING PERMITS 

7 :27-22.1 Definitions 

The following words and terms, when used in this subchapter, have the 

meanings given below unless the context clearly indicates otherwise . 

"Volatile organic compound" or "VOC" means [any compound of 

carbon (other than carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbonates, metallic carbides and ammonium carbonate) which 

participates in atmospheric photochemical reactions . For the purpose of 

determining compliance with emission limits or content standards, VOC 

shall be measured by test methods which have been approved in writing 

by the Department. This term excludes those compounds which EPA has 

excluded from its definition of VOC in the list set forth at 40 CFR 

51 .100(s)(1), which is incorporated by reference herein, together with all 

amendments and supplements . As of April 9, 1998, the compounds and 

PROPOSALS 

classes of perfluorocarbons excluded from EPA's definition of VOC at 

40 CFR 51 .100(s) are set forth below: 

methane 

ethane 

methylene chloride (dichloromethane) 

1,1,1-trichloroethane (methyl chloroform) 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) 

trichlorofluoromethane (CFC-11) 

dichlorodifluoromethane (CFC-12) 

chlorodifluoromethane (HCFC-22) 

trifluoromethane (IEC-23) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114) 

chloropentafluoroethane (CFC-115) 

2,2-dichloro-1,1,1-trifluoroethane (HCFC-123) 

1,1,1,2-tetrafluoroethane (IlF'C-134a) 

1,1-dichloro-l-fluoroethane (HCFC-141b) 

1-chloro-l,l-difluoroethane (HCFC-142b) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

pentafluoroethane (IlF'C-125) 

1,1,2,2-tetrafluoroethane (HFC-134) 

1,1,1-trifluoroethane (HFC-143a) 

1,1-difluoroethane (HFC-152a) 

parachlorobenzotrifluoride (PCBTF) 

cyclic, branched, or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-lOmee) 

difluoromethane WC-32) 

ethylfluoride (HFC-161) 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 

1,1,2,2,3-pentafluoropropane(HFC-245ca) 

1,1,2,3,3-pentafluoropropane (HFC-245ea) 

1,1,1,2,3-pentafluoropropane (HFC-245eb) 

1, 1, I,3,3-pentafluoropropane (HFC-245fa) 

1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 

1,1,1,3,3-pentafluorobutane (IIFC-365mfc) 

chlorofluoromethane (HCFC-31) 

1-chloro-1-fluoroethane (HCFC-151a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4FsOCH3) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCFZOCH3) . 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4FvOCZHs) 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCFiOCZHs) 

methyl acetate 

pertluorocarbon compounds which fall into these classes : 

cyclic, branched, or linear, completely fluorinated alkanes 

cyclic, branched, or linear, completely fluorinated ethers with no 

uns aturations 

cyclic, branched, or linear, completely fluorinated tertiary amines with 

no unsaturations 

sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine 

If there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40 CFR 51 .100(s)(1) shall control] a 

volatile organic compound as that term is defined by the EPA at 40 

CFR 51 .100(s), as supplemented or amended, which is incorporated 

by reference herein. 

SUBCHAPTER 23 . PREVENTION OF AIR POLLUTION FROM 

ARCHITECTURAL COATINGS 

7:27-23 .2 Definitions 

The following words and terms, when used in this subchapter, have the 

following meanings, unless the context clearly indicates otherwise. 

(CITE 39 N.J.R. 4512) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

"Volatile organic compound" or "VOC" means [any compound of 

carbon (other than carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbonates, metallic carbides, and ammonium carbonate) which 

participates in atmospheric photochemical reactions . For the purpose of 

determining compliance with emission limits or content standards, VOC 

shall be measured by test methods in the approved SIP (such as N.J .A.C . 

7:27B-3) or 40 CFR Part 60, Appendix A, as applicable, or which have 

been approved in writing by the Department and are acceptable to EPA. 

This term excludes those compounds which EPA has excluded from its 

definition of VOC in the list set forth at 40 CFR 51.100(s)(1), which is 

incorporated by reference herein, together with all amendments and 

supplements . As of April 9, 1998, the compounds and classes of 

perfluorocarbons excluded from EPA's definition of VOC at 40 CFR 

51.100(s) are set forth below: 

methane 

ethane 

methylene chloride (dichloromethane) 

1,1,1-trichloroethane (methyl chloroform) 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) 

trichlorofluoromethane (CFC-11) 

dichlorodifluoromethane (CFC-12) 

chlorodifluoromethane (HCFC-22) 

trifluoromethane WC-23) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114) 

chloropentafluoroethane (CFC-115) 

2,2-dichloro-1,1,1-trifluororethane (HCFC-123) 

1,1,1,2-tetrafluoroethane (HFC-134a) 

1,1-dichloro-l-fluoroethane (HCFC-141b) 

1-chloro-1,1-difluoroethane (HCFC-1426) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

pentafluoroethane (HFC-125) 

1,1,2,2-tetrafluoroethane WC- 134) 

1,1,1-trifluoroethane (Fff C-143 a) 

1,1-difluoroethane (1-iFC-152a) 

parachlorobenzotrifluoride (PCBTF) 

cyclic, branched, or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) 

difluoromethane (HFC-32) 

ethyl fluoride (HFC-161) 

1,1,1,3,3,3-hexafluoropropane (IIFC-236fa) 

1,1,2,2,3-pentafluoropropane (HFC-245ca) 

1,1,2,3,3-pentafluoropropane (HFC-245ea) 

1,1,1,2,3-pentafluoropropane (HFC-245eb) 

1,1,1,3,3-pentafluoropropane (HFC-245fa) 

1,1,1,2,3,3-hexafluoropropane (f1F'C-236ea) 

1,1,1,3,3-pentafluorobutane (HFC-365mfc) 

chlorofluoromethane (HCFC-31) 

1-chloro-l-fluoroethane (HCFC-151a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F9 OCH,) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)2CFCFzOCH3) 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F90CZH5) 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)ZCFCFzOC2Hj) 

methyl acetate 

pertluorocarbon compounds which fall into these classes : 

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 

sulfur containing pertluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine 

if there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40 CFR 51 .100(s)(1) shall control] a 

ENVIRONMENTAL PROTECTION 

volatile organic compound as that term is defined by the EPA at 40 

CFR 51.100(s), as supplemented or amended, which is incorporated 

by reference herein . 

SUBCHAPTER 24 . PREVENTION OF AIR POLLUTION FROM 

CONSUMER PRODUCTS 

7:27-24 .1 Definitions 

The following words and terms, when used in this subchapter, have the 

following meanings, unless the context clearly indicates otherwise . 

. . "Adhesive remover" means a product designed [exclusively for the 

removal of] to remove adhesives, caulk and other bonding materials from 

either a specific substrate or a variety of substrates, and includes the 

subcategories of floor and wall covering adhesive remover, gasket or 

thread-locking adhesive remover, general purpose adhesive remover, 

and specialty adhesive remover, each of which is defined elsewhere in 

this section . This term does not include products that remove 

adhesives intended exclusively for use on humans or animals . For 

purposes of this definition of "adhesive remover" and subcategories 

of "adhesive removers" and notwithstanding the definition of 

"adhesive" elsewhere in this section, "adhesive" means a substance 

used to bond one or more materials, and includes, but is not limited 

to, caulks, sealants, glues or similar substances used for the purpose 

of forming a bond. 

"Adhesive remover - floor and wall covering adhesive remover" 

means an adhesive remover designed or labeled to remove floor or 

wall coverings and associated adhesive from the underlying 

substrate. 

"Adhesive remover -gasket or thread-locking" means an adhesive 

remover designed or labeled to remove gaskets or thread-locking 

adhesives. This term includes products labeled for dual use as a paint 

stripper and adhesive remover - gasket remover and/or adhesive 

remover - thread-locking. 

"Adhesive remover - general purpose" means an adhesive 

remover designed or labeled to remove cyanoacrylate adhesives as 

well as non-reactive adhesives or residue from a variety of substrates. 

This term includes, but is not limited to, products that remove 

thermoplastic adhesives, pressure sensitive adhesives, deatrine or 

starch-based adhesives, casein glues, rubber or latex-based adhesives, 

as well as products that remove stickers, decals, stencils, or similar 

materials. This term does not include adhesive remover - floor or 

wall covering. 

"Adhesive remover - specialty" means an adhesive remover 

designed to remove reactive adhesives from a variety of substrates . 

This term does not include adhesive remover - gasket or threadlocking. 

"Aerosol adhesive" means an adhesive that is an aerosol product in 

which the spray mechanism is permanently ~housed in a nonrefillable can 

designed for hand-held application without the need for ancillary hoses or 

spray equipment . This term includes special purpose spray adhesives, 

mist spray adhesives and web spray adhesives. 

"Aerosol coating product" means a pressurized coating product 

containing pigments or resins that dispenses product ingredients by 

means of a propellant, and is packaged in a disposable can for handheld application, or for use in specialized equipment for ground 

traffic/marking applications . 

"Aerosol product" means a product that incorporates a pressurized 

spray system that dispenses product ingredients by means of a propellant 

contained in a product or a product's container, or by means of a 

mechanically induced force. This term does not include pump sprays . 

"Air freshener" means a 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. This term does 

not include products that are used on the human body, products that, as 

indicated on a product label, function primarily as cleaning products, 

toiletlurinal care products, disinfectant products claiming to deodorize 

by killing germs on surfaces, or institutional/industrial disinfectants when 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J.R. 4513) 
ENVIRONMENTAL PROTECTION 

offered for sale solely through institutional and industrial, channels of 

distribution. This term does include spray disinfectants and other 

products 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 verbal and visual representations 

regarding product use on the label or packaging or in the product's 

literature and advertising may be considered . The presence of or 

representation about a product's fragrance and ability to deodorize 

resulting from surface application shall not constitute a claim of air 

freshening. 

."Alternative control plan" or "ACP" means an emissions averaging 

program for chemically formulated consumer products, which provides a 

manufacturer with an alternative method to comply with the VOC content 

limits in Table 1 at N.J.A .C . 7 :27-24 .4(a), and which was issued in 

accordance with N.J.A .C. 7:27-24 .4[(i)](j) and [(j)](k) by: 

1 . CARB pursuant to its consumer products regulations (including all 

amendments and supplements) at [Title] 17[, Subchapter $ .5; Article 1, 

Section 94503 .5 or Article 2, Section 94511 of the California Code of 

Regulations] CCR 94540-94555 ; or 

2 . (No change.) 

'"Anti-static product" means a product that is labeled to eliminate, 

prevent, or inhibit the accumulation of static electricity . This term 

does not include electronic cleaner, floor polish or wax, floor coating, 

aerosol coating product, or architectural coating. 

. "Automotive brake cleaner" or "brake cleaner" means a product 

designed, labeled, promoted or advertised (expressed or implied) to 

clean motor vehicle brake mechanisms and parts by removing oil, 

grease, brake fluid, brake pad material or dirt from them. 

"Automotive consumer product" means any of the following 

chemically formulated consumer products, aerosol or liquid, used in 

automotive maintenance or repair activities : brake cleaners, 

carburetor or fuel-injection air intake cleaners, engine degreasers, 

and general purpose degreasers intended for use in automotive 

maintenance or repair activities. 

"Automotive maintenance facility" or "automotive repair facility" 

means any establishment at which a person repairs, rebuilds, 

reconditions, services, or in any way maintains motor vehicles. These 

terms do not include private residences or entities that are involved 

only in motor vehicle body work or painting. 

"Automotive maintenance or repair activities" means any service, 

repair, restoration, or modification activity to a motor vehicle in 

which cleaning or degreasing products could be used including, but 

not limited to, brake work, engine work, machining operations, and 

general degreasing of engines, motor vehicles, parts, or tools. 

"Bathroom and tile cleaner" means a product designed to clean tile or 

surfaces in bathrooms. This term does not include products [specifically] 

designed primarily to clean toilet bowls, [or] toilet tanks, or urinals. 

"Bug and tar remover" means a product [designed] labeled to remove 

either or both of the following from painted motor vehicle surfaces 

without causing damage to the finish: 

1 .-2 . (No change.) 

. . "CAS Registry Number" means a unique accession number 

assigned by the Chemical Abstracts Service, a division of the 

American Chemical Society. 

"CCR" means the California Code of Regulations. 

. ."Chlorinated toxic air contaminant" means methylene chloride, 

perch loroethylene,ortrichloroethylene . 

"Consumer product" means a household or institutional product, 

including any packaging, that includes, but is not limited to: 

1 . Chemically formulated products including, but not limited to, 

products that are detergents ; cleaning compounds ; floor polishes and 

PROPOSALS 

waxes; cosmetics; personal care products ; home, lawn, and garden 

products; disinfectants ; sanitizers ; and automotive specialty products[ ;] . 

This term also refers to aerosol adhesives, including aerosol 

adhesives used for consumer, industrial or commercial uses and 

automotive consumer products ; and 

2. (No change.) 

"Contact adhesive" means an adhesive that: 

L-3 . (No change .) 

4. 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] 

5 . Is not a rubber cement that is primarily intended for use on paper 

substrates ; and 

6 . Does not include vulcanizing fluids that are designed and 

labeled for tire repair only. 

"Contact adhesive - general purpose" means any contact adhesive 

that is not a contact adhesive - special purpose . 

"Contact adhesive - special purpose" means a contact adhesive 

that: 

1 . Is used to bond melamine-covered board, unprimed metal, 

unsupported vinyl, Teflon, ultra-high molecular weight polyethylene, 

rubber, high pressure laminate or wood veneer 1116 inch or less in 

thickness to any porous or nonporous surface; or 

2 . Is used in automotive applications that are either automotive 

under-the-hood applications requiring heat, oil or gasoline resistance, 

or body-side molding, automotive weatherstrip or decorative trim . 

"Deodorant" means: 

1 . For products manufactured before January 1, 2009, a 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 which cause the decomposition of perspiration; and 

2. For products manufactured on or after January 1, 2009, 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 packaging, or on any sticker or label affixed thereto, 

that the product can be used on or applied to the human axilla to 

provide a scent and/or minimize odor. 

This term also includes a deodorant body spray 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. 

"Deodorant body spray" means: 

1 . For products manufactured before January 1, 2009, a personal 

fragrance product with 20 percent or less fragrance; or 

2. For products manufactured on or after January 1, 2009, a 

personal fragrance product with 20 percent or less fragrance that is 

designed for application all over the human body to provide a scent. 

. , ."Device" means an instrument or contrivance, other than a firearm, 

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] a human or a bacterium, a virus or other microorganism on or 

in living humans or other living animals) . This term does not include 

equipment used for the application of pesticides if the equipment is sold 

separately from the pesticide. 

"Disinfectant" means a 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 .)] . This term does not include: 

1 .-4 . (No change .) 

. . ."Dusting aid" means a product designed to assist in removing dust and 

other soils from floors and other surfaces without leaving a wax or 

silicone-based coating. This term does not include [products which 

consist entirely of compressed gases for use in electronic or other 

specialty areas] a pressurized gas duster. 

"Electrical cleaner" means a product labeled to remove heavy soils 

such as grease, grime, or oil from electrical equipment, including, but 

(CITE 39 N.J .R. 4514) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

not limited to, a~rmatures, electric motors, electric panels, generators 

or relays. This term does not include an anti-static product, dusting 

aid, electronic cleaner, energized electrical cleaner, engine degreaser, 

general purpose cleaner, general purpose degreaser, pressurized gas 

duster, or a product designed to clean the casings or housings of 

electrical equipment. 

"Electronic cleaner" means a product [designed specifically] labeled 

for the removal of dirt, [grease or grime] moisture, dust, flux or oxides 

from [electrical] the internal components of electronic or precision 

equipment such as [electric motors,] circuit boards, [electricity panels,] 

and [generators] the internal components of electronic devices, 

including, but not limited to, radios, compact disc (CD) players, 

digital video disc (DVD) players and computers . This term does not 

include anti-static product, dusting aid, electrical cleaner, energized 

electrical cleaner, engine degreaser, general purpose cleaner, general 

purpose degreaser, pressurized gas duster, or a product designed to 

clean the casings or housings of electronic equipment. 

"Energized electrical cleaner" means a product that meets both of 

the following criteria : 

1 . The product is labeled to clean and/or degrease electrical 

equipment, where cleaning and/or degreasing is accomplished when 

electrical current exists, or when there is a residual electrical 

potential from a component, such as a capacitor ; and 

2. The product label clearly displays the statements : "Energized 

Equipment use only . Not to be used for motorized vehicle 

maintenance, or their parts." 

This term does not include electronic cleaner . 

"Fabric refresher" means a product labeled to neutralize or 

eliminate odors on non-laundered fabric including, but not limited to, 

soft household surfaces, rugs, carpeting, draperies, bedding, 

automotive interiors, footwear, athletic equipment, clothing and/or 

on household furniture or objects upholstered or covered with 

fabrics such as, but not limited to, wool, cotton, or nylon . This term 

does not include an anti-static product, a carpet and upholstery 

cleaner, soft household surface sanitizers, footwear or leather care 

product, spot remover, or disinfectant, or a product labeled for 

application to both fabric and human skin . 

"Facial cleaner or soap" means a cleaner or soap designed primarily to 

clean the face. This term includes, but is not limited to, facial cleansing 

creams, [gels] semisolids, liquids, lotions, and substrate-impregnated 

forms . This term 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. 

. . ."FIFRA" means the Federal Insecticide, Fungicide, and 

Rodenticide Act, 7 U.S .C. §§136 et seq. 

"Finish" or "finishing" means the maintaining and/or holding of 

previously styled hair for a period of time . 

. "Floor coating" means an opaque coating that is labeled and 

designed for application to flooring, including, but not limited to, 

decks, porches, steps, and other horizontal surfaces which may be 

subject to foot traffic. 

, ' "Footwear or leather care product" means a product designed or 

labeled to be applied to footwear, including both leather and nonleather foot apparel, or to other leather articles/components, to 

maintain, enhance, clean, protect, or modify the appearance, 

durability, £t, or flexibility of the footwear or leather 

article/component. This term does not include fabric protectant, 

general purpose adhesive, contact adhesive, vinyUfabriclleather/ 

polycarbonate coating, rubber and vinyl protectant, fabric refresher, 

products solely for deodorizing, or sealant products with adhesive 

properties used to create external protective layers greater than two 

millimeters thick. 

"Fragrance" means a substance or complex mixture of aroma 

chemicals, natural essential oils, or other functional components with a 

combined vapor pressure not in excess of two millimeter of mercury 

ENVIRONMENTAL PROTECTION 

(mm Hg) at 20 degrees Celsius (°C), the sole purpose of which is to 

impart an odor or scent, or to counteract a malodor. 

"Furniture maintenance product" means a wax, polish, conditioner, or 

any other product designed for the purpose of polishing, protecting or 

enhancing finished wood surfaces other than floors . This term does not 

include dusting aids, wood cleaners and products designed solely for the 

purpose of cleaning, and products designed to leave a permanent finish 

such as stains, sanding sealers and lacquers . 

"General purpose degreaser" means a product [designed] labeled to 

remove or dissolve grease, grime, oil and other oil-based contaminants 

from a variety of substrates, including automotive or miscellaneous 

metallic parts. This term does not include : 

1 . Engine degreasers, general purpose cleaners, adhesive removers, 

electronic cleaners, electrical cleaners, energized electrical cleaners or 

metal polish/cleansers ; 

2 .-3 . (No change .) 

. . ."Graffiti remover" means a product labeled to remove spray 

paint, ink, marker, crayon, lipstick, nail polish, or shoe polish, from a 

variety of non-cloth or non-fabric substrates. This term does not 

include paint remover or stripper, nail polish remover, or spot 

remover. Products labeled for dual use as both a paint stripper and 

graffiti remover are graffiti removers. 

"Hair shine" means a product designed for the primary purpose of 

creating a shine when applied to the hair . This term includes, but is not 

limited to, dual-use products designed primarily to impart a sheen to the 

hair. This term does not include hair spray, hair mousse, hair styling 

product, hair styling get, [or spray gel,] or products whose primary 

purpose is to condition or hold the hair . 

"Hair spray" means : 

1 . For products manufactured before January 1, 2009, a product 

designed primarily for the purpose of dispensing droplets of a resin on 

and into hair coiffure which will impart sufficient rigidity to the coiffure 

to establish or retain the style for a period of time ; and 

2. For products manufactured on or after January 1, 2009, a 

consumer product that Is applied to styled hair, and is designed or 

labeled to provide sufficient rigidity to hold, retain and/or finish the 

style of the hair for a period of time. This term includes aerosol hair 

sprays, pump hair sprays, spray waxes, products that are both a 

styling and finishing product, and color, glitter, or sparkle hairsprays 

that make finishing claims . This term does not include spray 

products that are intended to aid in styling but do not provide 

finishing of a hairstyle. 

"Hair styling gel" means a consumer product manufactured before 

January 1, 2009, 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" means a consumer product manufactured 

on or after January 1, 2009, that is designed or labeled for the 

application to wet, damp or dry hair to aid in defining, shaping, 

lifting, styling and/or sculpting of the hair. This term includes, but is 

not limited to, hair balm, clay, cream, creme, curl straightener, get, 

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 and/or conditioners that make styling claims . 

This term does not include hair mousse, hair shine, hair spray, or 

shampoo and/or conditioner that is rinsed from the hair prior to 

styling. 

"Innovative product exemption" or "IPE" means a determination that a 

particular consumer product will result in less VOC emissions as 

compared to a representative compliant consumer product or as compared 

to the reformulation of the particular product in order to comply with a 

VOC content limit due to some characteristic of the product formulation, 

design, delivery system, or other factor . Such determination must be in 

accordance with N.7 .A.C . 727-24,4(i) and (j) for a chemically formulated 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R 4515) 
ENVIRONMENTAL PROTECTION 

consumer product, and in accordance with N.J .A.C . 7:27-24 .8(e) and (f] 

for a portable fuel container, spout, or portable fuel container and spout, 

and be issued by : 

1 . CARB, pursuant to [the] its antiperspirants and deodorants 

regulations and consumer products regulations (including all 

amendments and supplements) at [Title] 17[, Subchapter 8 .5, Article 1, 

Section] CCR 94503 .5 or [Article 2, Section] 94511 [of the California 

Code of Regulations] or pursuant to its portable fuels containers 

regulations (including all amendments and supplements) at 13 CCR 

2467 .4 ; or 

2. (No change .) 

. ."Kerosene" means any light petroleum distillate that is commonly 

or commercially known, sold or represented as 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. 

"Lawn and garden insecticide" means an insecticide [designed] 

labeled primarily to be used in household lawn and garden areas to 

protect plants from insects or other arthropods, Notwithstanding the 

requirements of N.J.A.C. 7:27-24.4(g), aerosol lawn and garden 

insecticides may claim to kill insects or other arthropods. 

"Liquid" means a substance or mixture of substances which is capable 

of a visually detectable flow as determined under ASTM D-4359-

90(2000)el, as supplemented or amended . This term does not include 

powders or other materials that are composed entirely of solid particles . 

"Liquid product" means any product that is packaged and sold as 

a bulk liquid, including liquid delivered by pump sprayers. 

"Low vapor pressure VOC" or "LVP-VOC" means a VOC that is a 

chemical compound (that is, a molecule of definite chemical formula and 

isomeric structure) or mixture (that is, a substrate comprised of two or 

more chemical compounds) that contains at least one carbon atom and 

meets one of the following conditions : 

1 . (No change .) 

2 . Its vapor pressure [is] and boiling point are unknown and it is: 

i. A chemical compound with more than 12 carbon atoms ; or 

ii . A chemical mixture comprised solely of compounds with more than 

12 carbon atoms as verified by formulation data; 

3 .-4 . (No change .) 

. . ."Manufacturer" means a person who manufactures, imports, 

assembles, processes, produces, packages, repackages, or relabels a 

product . [Manufacturer] This term also includes any person for whom 

the product is manufactured, or by whom the product is distributed, if that 

person is identified as such on the product label[ . Manufacturer also 

includes] and any person [that] who hires another person to manufacture 

a product for compensation . 

. ."Paint remover or stripper" means a product designed to strip or 

remove paints or other related coatings, by chemical action, from a 

substrate without markedly affecting the substrate . This term does not 

include multi-purpose solvents, paint brush cleaners, products designed 

and labeled exclusively [to remove] as graffiti removers, and hand 

cleaner products that claim to remove paints and other related coatings 

from skin . 

."Personal fragrance product" means a product that 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. This term does not include: 

1 . Deodorant; 

2. Medicated products designed primarily to alleviate fungal or 

bacterial growth on feet or other areas of the body; 

3 . Mouthwashes, breath fresheners and deodorizers; 

4 . Lotions, moisturizers, powders or other skin care products used 

primarily to alleviate skin conditions such as dryness and irritations ; 

5 . Products designed exclusively for use on human genitalia ; 

6. Soaps, shampoos, and products primarily used to clean . the 

human body ; and 

PROPOSALS 

7 . Fragrance products designed to be used exclusively on nonhuman animals. 

"Pesticide" means a substance or mixture of substances labeled, 

designed, or intended for use in preventing, destroying, repelling or 

mitigating any pest, or any substance or mixture of substances labeled, 

designed or intended for use as a defoliant, desiccant, or plant regulator. 

This term does not include any substance, mixture of substances, or 

device which the EPA does not consider to be a pesticide in accordance 

with [the Federal Insecticide, Fungicide, and Rodenticide Act ( ]FIFRA [) 

(7 U.S .C . §§136 et seq .)] . 

"Portable fuel container" means a [product that is a] reusable container 

or vessel, with a nominal capacity of [ten] 10 gallons or less, designed or 

used primarily for receiving, transporting, storing or dispensing fuel 

(including kerosene), or a fuel blend. This term does not include a 

container or vessel permanently embossed or permanently labeled, as 

described in 49 CFR 172.407(a), as it existed on September 15, 2005, 

with language indicating said container or vessel is solely intended 

for use with non-fuel or non-kerosene products . 

"Pressurized gas duster" means a pressurized product labeled to 

remove dust from a surface solely by means of mass air or gas flow, 

including surfaces such as photographs, photographic film negatives, 

computer keyboards, and other types of surfaces that cannot be 

cleaned with solvents. This term does not include a dusting aid . 

"Product form" for the purpose of complying with N.J .A.C . 7 :27-

24 .6 only, means the applicable form which most accurately describes the 

product's dispensing form[, including aerosols, gels, liquids, pump 

sprays, and solids] to be indicated in the manufacturer's records in 

abbreviated form, as follows : 

A = aerosol product 

S = solid 

P = pump spray 

L = liquid 

SS = semisolid 

0 = other. 

"Pump sprayer" means 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 actuator. 

"Reactive adhesive" means an adhesive that requires a hardener 

or catalyst in order for the bond to occur . This term includes, but is 

not limited to, epoxies, urethanes and silicones. 

"Restricted materials" means pesticides classified as restricted use 

pesticides under N.J.A.C . 7:30-2 .10 or classifled for restricted use by 

EPA pursuant to section [3(d)] 136a(d) of [the Federal Insecticide, 

Fungicide, and Rodenticide Act QFIFRA[, 7 U.S .C . §§136 et seq.)] . 

"Semisolid" means a product that, when at room temperature, will not 

pour, but will spread or deform easily, including, but not limited to, gels, 

pastes, and greases. 

"Shaving cream" means an aerosol product that dispenses a foam 

lather intended to be used with a blade or cartridge razor, or other wetshaving system, in the removal of facial or other body hair . This term 

does not include shaving gel. 

"Shaving gel" means an aerosol product that dispenses a postfoaming semisolid designed to be used with a blade, cartridge razor, 

or other shaving system in the removal of facial or other body hair. 

This term does not include shaving cream. 

. ."Soft household surface sanitizer" means a product labeled to 

neutralize or eliminate odors on surfaces to which fabric refreshers 

are applied and listed in the definition of "fabric refresher" above, 

whose label is registered as a sanitizer under FIFRA. 

"Solid" means a substance or mixture- of substances which is not 

capable of visually detectable flow as determined under ASTM D-4359- 

(CITE 39 N.J .R. 4516) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

90(2000)el, as supplemented or amended . The substance or mixture of 

substances may be in a form either whole or subdivided (such as particles 

comprising a powder). 

"Solvent cleaning machine" means any device or piece of 

equipment with a capacity greater than 7.6 liters (two gallons) that 

uses methylene chloride, perchloroethylene, or trichloroethylene to 

remove or dissolve grease, grime, oil and other oil-based 

contaminants from a variety of motor vehicle substrates or surfaces 

or miscellaneous metallic parts. 

. . "Spill-proof spout" means any spout that complies with the [applicable 

standards specified] certification requirements at N.J .A .C. 7 :27-24 .8 

and with N.J .A.C . 7 :27-24 .9 . 

"Spill-proof system" means any configuration of portable fuel 

container and firmly attached spout that complies with the [applicable 

standards or] certification requirements at N.J .A.C. 7:27-24.8 and with 

N.J .A.C. 7:27-24 .9 . 

"Spot remover" means a product [designed] labeled 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. This term does not include dry 

cleaning fluid, laundry prewash, [carpet and upholstery cleaner,] or multipurpose solvent. 

"Spout" means, with respect to a portable fuel container, any device 

that can be firmly attached to the container and that serves as the conduit 

through which the contents of the portable fuel container may be poured 

out of the container, not including a device that can be used to 

lengthen the spout to accommodate necessary applications . 

. I ."Styling" means the forming, sculpting, or manipulating of the 

hair to temporarily alter the hair's shape. 

. "Toilet/urinal care product" means a product designed or labeled 

to clean and/or to deodorize toilet bowls, toilet tanks, or urinals, 

including, but not limited to, toilets or 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. This term does not include bathroom and tile 

cleaner or general purpose cleaner. 

"Type A [propellent] propellant" means a compressed gas such as 

C02, NZ, N20, or compressed air, used as a [propellent] propellant and 

either incorporated with the product or contained in a separate chamber 

within the product's packaging. 

"Type B [propellent] propellant" means any halocarbon used as a 

[propellent] propellant, including chlorofluorocarbons (CFCs), 

hydrochlorofluorocarbons (HCFCs), and hydrotluorocarbons WCs). 

"Type C [propellent] propellant" means any [propellent] propellant 

not a Type A or Type B [propellent] propellant, including propane, 

isobutane, n-butane, and dimethyl ether (also known as dimethyl oxide) . 

"Variance" means a temporary exemption based on extraordinary 

economic hardship granted in accordance with N.J .A.C . 7:27-24 .4[(i)](j) 

and [(j)](k) to a manufacturer of a chemically formulated consumer 

product, which temporary exemption relieves the manufacturer from 

meeting an applicable VOC content standard in Table 1 at N.J.A.C . 7:27-

24.4(a), or granted in accordance with N.J.A .C. 7 :27-24 .8(e) and (f) to a 

manufacturer of a portable fuel container, spout, or portable fuel 

container and spout, which temporary exemption relieves the 

manufacturer from meeting the standards at N.J .A.C . 7:27-24 .8 . 

"Vinyl/fabric/leather/polycarbonate coating" means a coating 

designed and labeled exclusively to coat vinyl, fabric, leather, or 

polycarbonate substrates . 

"Volatile organic compound" or "VOC" means [any compound of 

carbon (other than carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbonates, metallic carbides, and ammonium carbonate) which 

participates in atmospheric photochemical reactions. For the purpose of 

determining compliance with emission limits or content standards, VOC 

shall be measured by test methods in the approved SIP (such as N.J .A.C . 

7 :27B-3) or 40 CFR Part 60, Appendix A, as applicable, or which have 

ENVIRONMENTAL PROTECTION 

been approved in writing by the Department and are acceptable to EPA. 

This term excludes those compounds which EPA has excluded from its 

definition of VOC in the list set forth at 40 CFR 51 .100(s)(1), which is 

incorporated by reference herein, together with all amendments and 

supplements . As of April 9, 1998, the' compounds and classes of 

perlluorocarbons excluded from EPA's definition of VOC at 40 CFR 

51 .100(s) are set forth below: 

methane 

ethane 

methylene chloride (dichloromethane) 

1,1,1-trichloroethane (methyl chloroform) 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) 

trichlorofluoromethane (CFC-11) 

dichiorodifluoromethane (CFC-12) 

chlorodifluoromethane (HCFC-22) 

trifluoromethane (HFC-23) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114) 

chloropentafluoroethane (CFC-115) 

2,2-dichloro-1,1,1-trifluoroethane (HCFC-123) 

1,1,1,2-tetrafluoroethane (HFC-134a) 

1,1-dichloro-l-fluoroethane (HCFC-141b) 

I-chloro-l,l-difluroethane (FiCFC-142b) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

pentafluoroethane (IFC-125) 

1,1,2,2-tetrafluoroethane (1IFC-134) 

1,1,1-trifluoroethane (HFC-143a) 

1,1-difluoroethane (HFC-152a) 

parachlorobenzotrifluoride (PCBTF) 

cyclic, branched or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-lOmee) 

difluoromethane (HFC-32) 

ethylfluoride (I3FC-161) 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 

1,1,2,2,3-pentafluoropropane (11F'C-245ca) 

1,1,2,3,3-pentafluoropropane (HFC-245ea) 

1,1,1,2,3-pentafluoropropane (11FC-245eb) 

1,1,1,3,3-pentafluoropropane (HFC-245fa) 

1,1,1,2,3,3-hexafluoropropane WC-236ea) 

1,1,1,3,3-pentafluorobutane (HF'C-365mfc) 

chlorofluoromethane (HCFC-31) 

1-chloro-l-fluoroethane (HCFC-151a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (CaF90CH3) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF ;)ZCFCFZOCH,) 

l-ethoxy-1,l,2,2,3,3,4,4,4-nonafluorobutane (C4F90CZHs) 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3, 3-heptafluoropropane 

((CF3)ZCFCF20CzHs) 

methyl acetate 

perfluorocarbon compounds which fall into these classes : 

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 

sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine 

If there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40 CFR 51 .100(s)(1) shall control] a 

volatile organic compound, as that term is defined by the EPA at 40 

CFR 51 .100(s), which is incorporated by reference herein, together 

with all amendments and supplements. 

"Wood cleaner" means a product labeled to clean wooden 

materials, including, but not limited to, decking, fences, flooring, 

logs, cabinetry, and furniture. This term does not include dusting aid, 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J.R 4517) 
ENVIRONMENTAL PROTECTION 

general purpose cleaner, furniture maintenance product, floor wax 

stripper, floor polish or wax, or products designed and labeled 

exclusively to preserve or color wood. 

7 :27-24 .2 Applicability 

(a) This subchapter applies to any person who sells, offers for sale, 

holds for sale, distributes, supplies, or manufactures for sale in New 

Jersey any consumer product in (b) or (c) below and that is for use in 

New Jersey by a consumer or by a person who uses the product in 

providing a service. This subchapter also applies to any person who 

advertises any portable fuel container or spout for sale in New 

Jersey. 

(b)-(c) (No change.) 

(d) This subchapter does not apply to the following chemically 

formulated consumer products : 

1 .-2 . (No change .) 

3. Any [air freshener or any] insecticide [which] that contains at least 

98 percent by weight paradichlorobenzene; 

" 4. Before January 1, 2009, any solid air freshener that contains at 

least 98 percent by weight paradichlorobenzene. 

[4 .] 5. (No change in text.) 

[5 .] 6. Any of the following adhesives : 

i . (No change .) 

ii. A contact adhesive that is a non-aerosol product and that is sold in 

units of product, less packaging, which consist of more than one gallon ; 

[and] 

iii . Either of the following adhesives, provided that it is a non-aerosol product and that it is sold in units of product, less packaging, which weigh more than one pound and consist of more than 16 fluid ounces : (1) (No change .) 

(2) A general purpose adhesive ; and 

iv . A contact adhesive - special purpose that is sold in units of product, less packaging, that contain more than eight fluid ounces ; Recodify existing 6. and 7. as 7. and 8. (No change in text .) (e) This subchapter does not apply to the following types of portable 

fuel containers : 

1 . A safety can meeting the requirements of Federal regulations at 29 [C.F .R. 19261 CFR 1910.106 ; 

2. (No change .) 

3. A rapid refueling device with nominal capacity greater than or equal 

to four gallons, if the device : 

PROPOSALS 

i .Is designed for use in officially sanctioned off-highway motor 

sports, such as car racing and motorcycle competitions ; 

ii . (No change,) 

iii. Is designed to operate in conjunction with a receiver permanently 

installed on the target fuel tank; [or] . 

4. A portable fuel tank manufactured specifically to deliver fuel 

through a hose attached between the portable fuel tank and the outboard 

engine for the purpose of operating the outboard engine; or 

5 . A closed-system portable fuel container that is used exclusively 

for fueling remote control model airplanes . 

(f) N.J .A.C . 7 :27-24.4(n) does not apply to a solvent cleaning 

machine or to liquid products that are designed, labeled, promoted 

and advertised (expressed or implied) solely for use in a solvent 

cleaning machine. 

[(01 (g) (No change in text.) 

[(g)] (h) No manufacturer shall be held liable for the sale of a 

consumer product that does not comply with the requirements of this 

subchapter to a consumer in New Jersey if: 

1 . (No change.) 

2. The manufacturer meets each of the obligations listed in [(f)2] (g)2 

through 5 above. 

[(h)] (i) A retailer who sells, offers for sale, or holds for sale in New 

Jersey a chemically formulated consumer product that violates the [VOC 

content] standards at N.J.A.C . 7 :27-24 .4[(a)] or a portable fuel container 

and/or spout that violates the [design standards] certification 

requirements at N.J .A .C . 7:27-24 .8(a) [and (b)] may demonstrate 

compliance with [N.J .A.C . 7:27-24.4(a) or 24.8(a) and (b), as] the 

applicable provisions of this subchapter, if the retailer provides any one 

or more of the following types of documentation with respect to its 

purchase of the consumer product, portable fuel container and/or spout in question : 

1 .-3 . (No change .) 

7:27-24.4 Chemically formulated consumer products : standards (a) Except as provided at N.J.A.C . 7:27-24 .2 and in (c) and (i) below, 

no person shall sell, offer for sale, hold for sale, distribute, supply, or manufacture for sale in New Jersey a chemically formulated consumer product that belongs to a chemically formulated consumer product category listed in Table 1 below, that was manufactured on or after the operative date in Table 1 below, and that contains a VOC content in 

excess of the applicable limit specified in Table 1 below. 

TABLE 1 

VOC CONTENT LIMITS FOR CHEMICALLY FORMULATED CONSUMER. PRODUCTS 

Chemically Formulated 

Consumer Product Category Form 

Adhesive Remover: Floor or wall covering 

Gasket or thread locking 

General purpose 

Specialty 

Adhesives Aerosal: 

Mist spray 

Web spray 

Special purpose spray adhesives : 

Mounting, automotive engine 

compartment, and flexible vinyl 

Maximum Allowable VOC Content 

(percent by weight,' unless otherwise indicated)2 

State Standard State Standard State Standard 

Operative Date Operative Date Operative Date 

4/30/96-12/31/04' 1/1/05 1/1/09 

5 

50 

20 

70 

75 

65 

55 

70 

(CITE 39 N.J .R. 4518) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS ENVIRONMENTAL PROTECTION 

Polystyrene foam and automotive 

headliner 65 

Polylolefin and laminate 

repair/edgebanding 60 

Contact: 80 80 ' N/A 

Contact general purpose 55 

Contact special purpose 80 

Construction, panel, and floor covering 40 IS 

General purpose 10 10 

Structural waterproof (Reserved) 15 

Air fresheners Single-phase aerosols 70 30 

Double-phase aerosols 30 25 

Liquids/pump sprays 18 18 

Solids/[gels]semisolids 3 3 ' 

Antiperspirants Aerosols 60 HVOC 40 HVOC 

10 MVOC 

Non-aerosols 0 HVOC 0 HV0C 

0 MV0C 

Anti-static products, non- 11 aerosol 

Dusting aids Aerosols 35 25 

All other forms 7 7 

Electrical cleaners 

45 

Electronic cleaners 

75 

Engine degreasers Aerosols 75 35 

Non-aerosols 75 5 

Fabric protectants 75 60 

Fabric polishes/waxes Products for flexible flooring materials 7 7 

Products for nonresilient flooring 10 10 

Wood floor wax 90 90 

Fabric refreshers Aerosol 

15 

Non-aerosol 6 

Floor wax strippers Non-aerosol: 

For light or medium build-up 3 

For heavy build-up 12 

Footwear or leather care Aerosol 

75 products Solid 55 

nfhar fn-r ..,e 

13 

Glass cleaners Aerosols 12 12 

All other forms 8 

Non-aerosols 4 

Graffiti removers Aerosol 50 

Non-aerosol 

30 

Hair mousses 16 6 

Hair shines 

55 

Hair sprays 

80 55 . 

Hair styling gels 6 6 

Hair styling products Aerosol and pump sprays 6 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R 4519) 
ENVIRONMENTAL PROTECTION 

All other forms 

Heavy-duty hand cleaner or 8 

soaps 

Shaving creams 5 5 

Shaving gels 

Tire sealants and inflators 20 

Toilet/urinal care products Aerosol 

Non-aerosol 

Undercoatings Aerosols 40 

Wood cleaners Aerosol 

Non-aerosol 

Footnotes to Table: 

i_2 (No change .) 

3 [On and after] As of January 1, 2005, the State limits operative as of April 30, 1996 [will] are no longer [be] applicable . d See N.J.A.C. 7:27-24 .4[(h)] (i) for additional State requirements pertaining to charcoal lighter material. 

(b) (No change .) 

(c) Notwithstanding the provisions of (a) above and the specifications 

of Table 1 above, for a consumer product with a label that is registered under [the Federal Insecticide, Fungicide, and Rodenticide Act (]FIFRA[, 

7 U.S .C . § 136-136y)], the operative date of the applicable State standard is one year after the operative date specified in Table 1 . 

(d) [A] Except as provided at (n) through (p), (t) and (u) below, a chemically formulated consumer product manufactured prior to the operative date specified for that product in Table 1 above, may be sold, supplied, or offered for sale after the specified operative date, if that product complies with the standards in effect at the time that product was manufactured, and if that product displays the date or date-code in 

accordance with the requirements at N.J .A .C . 7:27-24.5(d), (e) and (f). 

(e)-(f) (No change .) 

(g) If anywhere on the principal display panel of a consumer product 

manufactured before January 1, 2009, or any FIFRA-registered 

insecticide manufactured before January 1, 2010, any representation is 

made that the product may be used as, or is suitable for use as, a 

consumer product that belongs to more than one chemically formulated 

consumer product category m Table 1 at (a) above, then the [lower] 

lowest VOC content limit shall apply. However, this subsection does not apply to general purpose cleaners, antiperspirants, [and deodorant 

products] deodorants, and insecticide foggers. 

(h) If anywhere on the principal display panel of a consumer product manufactured on or after January 1, 2009, or any FIFRAregistered insecticide manufactured on or after January 1, 2010, or 

on any sticker or label affixed thereto, any representation is made 

that the product may be used as, or is suitable for use as, a consumer 

product that belongs to more than one chemically formulated 

consumer product category in Table 1 at (a) above, then the lowest 

VOC content limit shall apply. This requirement does not apply to 

general purpose cleaners, antiperspirants, deodorants and insecticide 

foggers. 

[(h)] (i) (No change in text.) 

[(i)] (j) A chemically formulated consumer product is exempt from (a) 

above and (n) below if: 

1. The manufacturer of the product has been granted an IPE, ACP or variance for the product by either : 

i . CARB, pursuant to its antiperspirants and deodorants, consumer 

products, alternative control plan or automotive consumer products 

regulations (including all amendments and supplements) at [Title] 17[, Subchapter 8.5, Article 1, Section] CCR 94503.5, 94505, [or Article 2, Section] 94511, 94514, 94540 through 94555 [of the California Code of Regulations] or 93111, respectively[,]; or 

ii . By the air pollution control agency of another state that has adopted 

a consumer product rule based on or substantially equivalent to the Ozone 

Transport Commission (OTC) "Model Rule for Consumer Products" 

PROPOSALS 

2 

7 

10 

3 

17 

4 

dated November 29, 2001, including subsequent revisions (accessible at 

the OTC's website [htto ://www.sso .ore/otc/Publications/i)ub2 htm] at 

httu ://www .otcair.org)[, has granted to the product's manufacturer an 

IPE, ACP, or variance for the product]; and 

2. The IPE, ACP, or variance is valid for use in New Jersey pursuant 

to [(j)] (k) below. 

[(j)] (k) An IPE, ACP, or variance in [(i)](j) above shall not be valid 

for use in New Jersey to comply with this subchapter unless : 

L-4 . (No change .) 

5 . Prior to relying on an 1PE, ACP, or variance for compliance, the 

manufacturer has submitted to the Department, in accordance with [(k)] (1) below, the following : 

i.-ii . (No change.) 

iii . A copy of the document(s) setting forth the IPE, ACP, or variance; 

the issuing agency's approval ; the issuing agency's conditions of its 

approval; the demonstration of [(j)4](k)4 above if an IPE; and any 

documents from the issuing agency that subsequently modify or terminate its conditions of approval; documentation demonstrating compliance with 

the IPE, ACP or variance; and 

iv . A statement that the IPE, ACP, or variance, as well as the product 

for which the IPE, ACP, or variance is being used, conforms with [(j)1] (k)1 through 4 above, as applicable ; and 

6 . (No change .) 

[(k)] (I) Any submittal made pursuant to [(j)5] (k)5 above shall be sent 

to the address given at N.J .A .C . 7:27-24 .3(d) and the envelop or package 

shall be labeled as follows: . 1 .-3 . (No change .) 

[(1)] (m) (No change in text.) 

(n) Except as provided at N.J .A.C . 7:27-24 .2(f), and at (o) and (p) 

below, and subject to (r) below, on and after January 1, 2009, no 

person shall sell, offer for sale, hold for sale, distribute, supply, or 

manufacture for sale in New Jersey any contact adhesive, electronic 

cleaner, footwear or leather care product, general purpose degreaser, 

adhesive remover, electrical cleaner, graffiti remover or automotive 

consumer product that contains a chlorinated toxic air contaminant 

even if it meets the VOC content standards at (a) above. 

(o) Any contact adhesive, electronic cleaner, footwear or leather 

care product, general purpose degreaser, adhesive remover, 

electrical cleaner, graffiti remover or automotive consumer product 

that was manufactured before January 1, 2009 and contains a 

chlorinated toxic air contaminant may be sold, offered for sale, held for sale, distributed, or supplied through December 31, 2011, 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 N.J.A.C . 7:27-24.5 and the product otherwise meets 

the VOC content standards at (a) above. 

(CITE 39 N.J.R 4520) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

(p) On or after June 30, 2011, any person who sells or supplies a 

consumer product identified above in (o) above to a distributor or 

retailer must notify the distributor or retailer In writing that the 

product cannot be sold after December 31, 2011. 

(q) The requirements of (n) through (p) above do not apply to any 

contact adhesive, electronic cleaner, footwear or leather care 

product, general purpose degreaser, adhesive remover, electrical 

cleaner, graffiti remover that contains a chlorinated toxic air 

contaminant that is present as an impurity in a combined amount 

equal to or less than 0.01 percent by weight. 

(r) For purposes of (n) above, an automotive consumer product 

contains a chlorinated toxic air contaminant if the product contains 

1 .0 percent or more by weight (exclusive of the container or 

packaging) of methylene chloride, perchloroethylene, or 

trichloroethylene, as determined by the test method specified in 

N.J.A .C . 7 :27-24.7(b). 

(s) On and after January 1, 2009, no person shall sell, supply, offer 

for sale, or manufacture for use in New Jersey any solid air 

fresheners or toilet/urinal care products that contain 

paradichlorobenzene, except that solid air fresheners and 

toilet/urinal care products that contain paradichlorobenzene and 

were manufactured before January 1, 2009 may be sold, supplied, or 

offered for sale through December 31, 2011, 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 

N.J.A.C .7 :27-24 .5 . 

(t) On or after June 30, 2011, any person who sells or supplies a 

solid air freshener or toilet/urinal care product that contains 

paradichlorobenzene to a distributor or retailer must notify the 

distributor or retailer in writing that the product cannot be sold after 

December 31, 2011 . 

7 :27-24 .5 Chemically formulated consumer products : registration and 

labeling 

(a)-(c) (No change .) 

(d) Except as provided at (f) below, a manufacturer of a chemically 

formulated consumer product subject to this subchapter pursuant to 

N.J .A .C. 7:27-24 .2(b)1 shall clearly display, on each product package, 

the day, month, and year in which the product was manufactured, or a 

code indicating such date (that is, a date-code) . The date or date-code 

shall be located on the packaging, or inside the cover or cap, so that it is 

readily observable or obtainable without irreversibly disassembling any 

part of the packaging, such as by simply removing the cover or cap. Use 

of the following code to indicate the date of manufacture in 

compliance with the requirements of this subsection will exempt the 

manufacturer from the requirements of (e) below, if the code is 

represented separately from other codes on the product container so 

that it is easily recognizable : 

YY DDD 

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 day of the year, and so forth 

(also known as the "Julian date"). 

(e) If for any consumer product, the manufacturer uses a date-code 

other than the YY DDD format described at (d) above to comply with 

(d) above, the manufacturer shall submit an explanation of the [datecode] date portion of the product code to the Department. The 

explanation shall be submitted with the electronic registration or re. 

registration, in accordance with the requirements of (a), (b) and (c) above. 

(f) Subsection (d) above does not apply to a product if: 

1 .-2. (No change .) 

3 . The product's label is registered under [the Federal Insecticide, 

Fungicide, and Rodenticide Act OFIFRA[, 7 U.S .C . § 136-136y)] . 

(g) For any aerosol adhesive, adhesive remover, contact adhesive, 

electronic cleaner, electrical cleaner, and energized electrical cleaner 

products manufactured on or after [January 1, 2005] the effective date 

ENVIRONMENTAL PROTECTION 

for the product category specified in Table 1 at N.J.A.C. 7 :27-24 .4(a), 

the manufacturer shall ensure that : 

1 . The following information shall be clearly displayed on each 

product package : 

i. The name (as given in Table 1 at N.J.A.C. 7 :27-24 .4(a)) of the 

specific [aerosol adhesive] product category to which the product 

belongs (for example, automobile headliner adhesive) or, an abbreviation 

of the name of the category; 

ii . [The] Except for an energized electrical cleaner, the applicable 

VOC content standard to which the product is subject, under Table 1 at 

N.J .A.C, 7:27-24 .4(a), expressed as a percentage by weight; and 

iii . (No change .) 

2. (No change.) 

3 . The information required under (g)1 above shall be displayed on the 

product packaging such that it is readily observable without removing or 

irreversibly disassembling any portion of the product packaging. [For 

the purposes of this subsection, information] Information may be 

displayed on the bottom of a container or package as long as it is clearly 

legible without removing any product packaging . 

(h) (No change .) . 

(i) No person shall erase, alter, deface, or otherwise remove or make 

illegible any information required to be displayed on any product 

packaging under (d), (g) or (h) above, prior to the final sale of the product 

to a consumer without the express authorization of the manufacturer . 

7 :27-24 .6 Chemically formulated consumer products : recordkeeping 

and reporting 

(a) (No change.) 

(b) The Department may require the manufacturer of a chemically 

formulated consumer product subject to this subchapter pursuant to 

N.J.A.C. 7 :27-24 .2(a) to submit information which may include the 

[following:] information in (b)1 through 3 below . If the manufacturer 

does not have or does not provide the information requested by the 

Department, the Department may require the reporting of this 

information by another person who has the information, including, 

but not limited to, a formulator, manufacturer, supplier, parent 

company, private labeler, distributor, or repackager . 

1 . " 2 . (No change .) 

3 . For any of the manufacturer's products subject to the standards in 

Table 1 at N.J.A .C . 7 :27-24 .4(a), the following information (if the 

product is sold in more than one form, this information shall be provided 

separately for each product form) : 

i .-v . (No change.) 

vi. Sales of the product within the State, .given to the nearest pound in 

pounds of product (not including the weight of packaging) per year, and 

the method used to calculate the sales ; [and] 

vii . For each product, the net percent by weight of the total product 

less packaging, comprised of the following, rounded to the nearest onetenth of a percent (0 .1 percent) : 

(1) (No change .) 

(2) Total of carbon-containing compounds specifically excluded from 

the definition of "VOC," as defined at N.J.A.C . 7 :27-24 .1 ; 

(3)-(7) (No change.) 

viii.-ix. (No change .) 

x. For each product, the identity, including the specific chemical name 

and associated Chemical Abstract Services (CAS) number, of the 

following : 

(1) Each compound specifically excluded from the definition of 

"VOC," as set forth at NJ.A.C . 7:27-24 .1 ; and 

(2) (No change .) 

xi . If the product includes a [propellent] propellant, the following : 

(1) The weight of the [propellent] propellant, given as a percentage of 

the weight of the product sold, not including packaging, rounded to the 

nearest one-tenth of a percent (0 .1 percent) ; and 

(2) Identification of the type of [propellent] propellant (Type A, Type 

B, Type C, or a blend of the different types), 

(c)-(i) (No change .) 

(j) IPE, ACP, and variance documentation shall be submitted to the 

Department in accordance with N.J .A .C. 7:27-24 .4[(i)5](k)5 and [(k)] (1) . 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R 4521) 
ENVIRONMENTAL PROTECTION 

7 :27-24 .7 Chemically formulated consumer products : testing 

(a) Upon the written request of the Department, any manufacturer of a 

chemically formulated consumer product subject to the requirements of 

this subchapter shall test any of its products that are sold, offered for sale, 

held for sale, distributed, supplied, or manufactured for sale in New 

Jersey to determine the VOC content of the product (or in the case of 

charcoal lighter material, its emissions per start) or the amount of a 

chlorinated toxic air contaminant the product contains . Such testing 

shall be performed utilizing the test methods in (b) through (g) below, as 

applicable . 

(b) Testing to determine compliance with the VOC content limits at 

N.JA.C . 7:27-24 .4(a) or the prohibition of chlorinated toxic air 

contaminants at N.J.A.C. 7:27-24 .4(n) shall be performed using : 

1 . CARB Method 310, Determination of Volatile Organic Compounds 

(VOC) in Consumer Products, adopted September 25, 1997, [amended 

September 3, 1999, including subsequent revisions,] as supplemented or 

amended, which is incorporated by reference herein[;] . For purposes of 

determining compliance with N.J.A.C . 7:27-24 .4(1) through (o), 

Sections 3.5 and 3.7 of CARB Method 310 shall be used and the term 

"VOC" in those sections shall be interpreted as meaning "chlorinated 

toxic air contaminant" ; or 

2 . An alternative method [which] that is shown to accurately 

determine the concentration of VOCs or chlorinated toxic air 

contaminants in a product. Such methods must first be approved in 

writing by the Department and EPA. 

(c) (No change .) 

(d) Testing to determine whether a product is a liquid or a solid shall 

be performed using ASTM D4359-90(2000)el [(reapproved June, 2000)], 

"Standard Test Method for Determining Whether a Material is a Liquid 

or a Solid," [including subsequent revisions] as supplemented or 

amended, which is incorporated by reference herein. 

(e) (No change.) 

(t) Testing to determine distillation points of petroleum distillate-based 

charcoal lighter materials shall be performed using ASTM [D86-90 (Sept. 

28, 1990)] D86-04, [including subsequent revisions] as supplemented or 

amended, which is incorporated by reference herein . 

(g)-(i) (No change .) 

7:27-24 .8 Portable fuel containers and spill-proof spouts : [standards] 

certification requirements 

(a) Except as provided at N.J .A.C . 7 :27-24 .2(e), no person shall sell, 

offer for sale, hold for sale, advertise, distribute, supply, or manufacture 

for sale in New Jersey on or after [January 1, 2005] (30 days after the 

operative date of these amendments), any portable fuel container, 

spout, or any portable fuel container and spout [which, at the time of sale 

or manufacture, does not meet all of the following performance standards 

for spill-proof systems : 

1 . Has an automatic shut-off that stops the fuel flow before the target 

fuel tank overflows ; ' 

2, Automatically closes and seals when removed from the target fuel 

tank and remains completely closed when not dispensing fuel ; 

3 . Has only one opening for both filling and pouring; and 

4 . Provides a fuel flow rate and fill level of: 

i. Not less than one-half gallon per minute for portable fuel containers 

with a nominal capacity of: 

(1) Less than or equal to 1 .5 gallons and fills to a level less than or 

equal to one inch below the top of the target fuel tank opening; or 

(2) Greater than 1 .5 gallons but less than or equal to 2 .5 gallons and 

fills to a level less than or equal to one inch below the top of the target 

fuel tank opening if the spill-proof system cleary displays the phrase 

"Low Flow Rate" in type of 34 point or greater on each spill-proof 

system or label affixed thereto, and on the accompanying package, if any; 

ii . Not less than one gallon per minute for portable fuel containers with 

a nominal capacity greater than 1 .5 gallons but less than or equal to 2.5 

gallons and fills to a level less than or equal to 1 .25 inches below the top 

of the target fuel tank opening; or 

iii . Not less than two gallons per minute for portable fuel containers 

with a nominal capacity greater than 2.5 gallons ; 

5. Does not exceed a permeation rate of 0.4 grams per gallon per day; 

and 

PROPOSALS 

6. Is warranted by the manufacturer for a period of not less than one 

year against defects in materials and workmanship] that has not been 

exempted from CARB and the EPA's certification requirements at 

13 CCR 2467.3, 2467.4 and 2467.6 and 40 CFR 59.660 through 

59.663, respectively, or has not been certified for use and sale by the 

manufacturer as follows : 

i. For CARB certification, the product must be covered by a 

CARB Executive Order issued pursuant to 13 CCR 2467 through 

2467 .9 ; or 

ii . For EPA certification, the product must be covered by an EPA 

certificate of conformity issued pursuant to its portable fuel 

container certification program at 40 CFR 59 .600 through 699. 

[(b) Except as provided at N.J .A.C . 7:27-24.2(e), no person shall sell, 

offer for sale, hold for sale, distribute, supply, or manufacture for sale in 

New Jersey on or after January 1, 2005 any spout which, at the time of 

sale or manufacture, does not meet all of the following performance 

standards for spill-proof spouts : 

1 . Has an automatic shut-off that stops the fuel flow before the target 

fuel tank overflows ; 

2 . Automatically closes and seals when removed from the target fuel 

tank and remains completely closed when not dispensing fuel ; 

3 . Provides a fuel flow rate and fill level of: 

i . Not less than one-half gallon per minute for portable fuel containers 

with a nominal capacity of: 

(1) Less than or equal to 1 .5 gallons and fills to a level less than or 

equal to one inch below the top of the target 'fuel tank opening ; or 

(2) Greater than 1 .5 gallons but less than or equal to 2.5 gallons and 

fills to a level less than or equal to one inch below the top of the target 

fuel tank opening if the spill-proof spout clearly displays the phrase "Low 

Flow Rate" in type of 34 point or greater on the accompanying package, 

or for spill-proof spouts sold without packaging, on either the spill-proof 

spout or a label affixed thereto; 

ii. Not less than one gallon per minute for portable fuel containers with 

a nominal capacity greater than 1 .5 gallons but less than or equal to 2 .5 

gallons and fills to a level less than or equal to 1 .25 inches below the top 

of the target fuel tank opening; or 

iii . Not less than two gallons per minute for portable fuel containers 

with a nominal capacity greater than 2.5 gallons ; and 

4. Ls warranted by the manufacturer for a period of not less than one 

year against defects in materials and workmanship.] 

(b) Certification criieria, including all test procedures for 

determining certification and compliance with the standards 

applicable to portable fuel containers, spouts, or portable fuel 

containers and spouts, produced on or after (30 days after the 

operative date of these rules) that are manufactured for sale, 

advertised for sale, sold, or offered for sale in New Jersey, or that are 

introduced, delivered or imported into New Jersey for introduction 

into commerce and that are subject to any of the standards 

prescribed in this subchapter, and documents incorporated by 

reference therein, are as follows: ' 

1. For CARB certification, in "CP-501, Certification Procedure for 

Portable Fuel Containers and Spill-Proof Spouts," as supplemented 

or amended. CP-501 is available at htta ://www.arb .ca.eov or from 

contacting CARB, at: 

1001 "1" Street 

P.O. Box 2815 

Sacramento, CA 95812 

(916) 322-3260 

or at webmasterr)~r,arb.ca.Qov ; and 

2. For EPA certification, in 40 CFR Part 59, Subpart F, generally, 

and for testing specifically, 40 CFR 59 .653, each as supplemented or 

amended. ' 

(c) Notwithstanding the provisions of (a) [and (b)] above, a portable 

fuel container or spout or both portable fuel container and spout 

manufactured before [January 1, 2005] (30 days after the operative date 

of this rulemaking) may be sold, offered for sale, held for sale, 

distributed, or supplied for sale until [January 1, 2006] (one year from 

the operative date of this rulemaking) if it is labeled or designated for 

use solely with kerosene and the date of manufacture or a date-code 

representing the date of manufacture is clearly displayed on the portable 

(CITE 39 N.J .R. 4522) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

fuel container or spout and on the packaging (if any) in which it is sold. 

The date of manufacture or date-code shall be located so that it is readily 

observable without .disassembling any part of the packaging (if any). If 

the manufacturer uses a date-code to comply with this subsection, the 

manufacturer shall electronically register the product, including an 

explanation of the date-code, in accordance with the requirements at 

N.J .A .C. 7 :27-24 .10[(c)](a) . 

(d) The provisions of (a)[, (b)] and (c) above [shall] do not apply to a 

spout, portable fuel container, or portable fuel container and spout if: 

1 . The spout, portable fuel container, or portable fuel container and spout 

has been exempted or granted an IPE or variance by CARB, the EPA, or 

by the air pollution control agency of another state that has adopted a 

portable fuel container rule based on or substantially equivalent to the 

Ozone Transport Commission (OTC) "Model Rule for Portable Fuel 

Container Spillage Control" dated March 6, 2001, including subsequent 

revisions accessible at the OTC's website Lhttp://www.sso.org/otc/ 

Publications/nub2 .htm1 at httu ://www.otcair .ore ; and 

2. (No change .) 

(e)-(f) (No change .) 

(g) Compliance with the certification requirements in this 

subchapter does not exempt spill-proof systems or spill-proof spouts 

from compliance with other applicable Federal and State statutes 

and regulations such as State fire codes, safety codes, and other 

safety regulations . 

7 :27-24 .9 Portable fuel containers and spill-proof spouts : labeling 

(a) On and after January 1, 2005, a manufacturer of a spout, a portable 

fuel container, or a portable fuel container and spout that is subject to this 

subchapter pursuant to N,J .A.C . 7:27-24 .2(b) shall clearly label the 

product as follows : 

1 . The following shall be displayed on a portable fuel container or on a 

portable fuel container and spout : 

i. The phrase "Spill-Proof System" to mean that the product meets the 

applicable [standards] requirements atN.J.A .C. 7:27-24.8 ; 

ii, (No change .) 

iii. A representative code identifying the Executive Order Number 

issued by CARB or the number issued by the EPA for the portable 

fuel container or portable fuel container and spout; 

2. The [following] phrase "Not Intended for Refueling On-Road 

Motor Vehicles" in type 34 point or greater shall be displayed on a 

portable fuel container or on a portable fuel container and spout, spillproof spout, or label, and on any accompanying package[: 

i . The product's flow rate (that is, the minimum rate at which the 

container-and-spout dispenses fuel) ; and 

ii. If] if, due to its design or other feature, the portable fuel container 

and spout cannot be used to refuel an on-road motor vehicle[, the phrase 

"Not Intended For Refueling On-Road Motor Vehicles" in type 34 point 

or greater] ; and 

3 . The following shall be displayed on a spout's accompanying 

package, or for spill-proof spouts sold without packaging, on either the 

spill-proof spout or a label : 

i: ii . (No change .) 

iii . A representative code identifying the Executive Order Number 

issued by CARB or the number issued by the EPA for the spout; and 

iv. The make, model number, and size of only those portable fuel 

container(s) the spout is designed to accommodate and can demonstrate 

compliance with N.J.A.C . 7:27-24 .8[ ; and] . 

[4 . The following shall be displayed on a spill-proof spout, or label, 

and on any accompanying package: 

i . The spout's minimum flow rate (that is, the minimum rate at which 

the spout dispenses fuel); and 

ii . If due to its design or other feature the spout cannot be used to 

refuel an on-road motor vehicle, the phrase "Not Intended For Refueling 

On-Road Motor Vehicles" in type 34 point or greater.] 

(b) Manufacturers of portable fuel containers or portable fuel 

containers and spouts not subject to or not in compliance with the 

applicable standards in N.J.A .C . 7:27-24 .8[,] may not display the phrase 

"Spill-Proof Spout" or "Spill-Proof System" on the portable fuel 

container or spout on any sticker affixed thereto, on any label, or on any 

accompanying package. 

ENVIRONMENTAL PROTECTION 

7 :27-24 .10 Portable fuel containers and spill-proof spouts : 

recordkeeping and reporting 

[(a) On or after January 1, 2005, the manufacturer of a spout, a 

portable fuel container, or a portable fuel container and spout who is 

required to perform compliance testing pursuant to N.J.A .C. 7:27-

24.11(a) shall: 

1 . Maintain a record of the results of the compliance testing, whether 

performed before or after January 1, 2005, for as long as the spout, 

portable fuel container, or portable fuel container and spout is offered for 

sale, held for sale, sold, or otherwise supplied for household use or 

institutional use in New Jersey; and 

2 . Make the test results available to the Department within 60 days of 

the manufacturer's receipt of a written request from the Department 

(b) Manufacturers shall submit IPE and variance documentation to the 

Department in accordance with 7:27-24.8(e)5 and (1) .] 

[(c)] (a) If the manufacturer of a spout, a portable fuel container, or 

a portable fuel container and spout uses a date-code on a product or its 

packaging, the manufacturer shall electronically register or re-register the 

product with the Department by following the procedure at N.J.A .C . 

7 :27-24 .5(a)1 and 2, (b) and (c), and by following [(d)] (b) through [(g)] 

(e) below. . 

Recodify existing (d)-(g) as (b)-(e) (No change in text.) 

7:27-24.11 [Portable fuel containers and spill-proof spouts: testing] 

(Reserved) 

[(a) The manufacturer of a spout, or the manufacturer of a portable 

fuel container and spout, shall perform compliance testing, using the test 

methods listed in (b) below, prior to allowing the spout or portable fuel 

container and spout to be distributed, offered for sale, held for sale, sold 

or otherwise supplied for household use or institutional use in New 

Jersey. The compliance testing shall demonstrate that the spout, together 

with each portable fuel container with which it is compatible, or the 

portable fuel container and spout, meet the applicable requirements at 

N.J.A .C . 7 :27-24.8(a) and (b), and, therefore, qualify as a "spill-proof 

system" or a "spill-proof spout," as applicable. 

(b) A manufacturer of a spout for a portable fuel container, or the 

manufacturer of a portable fuel container and spout, shall use the 

following test methods in performing the testing required at (a) above, 

unless the manufacturer obtains the Department's approval in writing to 

use alternative test method(s) pursuant to (c) below: 

1 . "Test Method 510, Automatic Shut-off Test Procedure for SpillProof Systems and Spill-Proof Spouts," adopted by CARB on July 6, 

2000, including subsequent revisions,incorporated by reference herein; 

2 . "Test Method 511, Automatic Closure Test Procedure for SpillProof Systems and Spill-Proof Spouts," adopted by CARB on July 6, 

2000, including subsequent revisions, incorporated by reference herein; 

3 . "Test Method 512, Determination of Fuel Flow Rate for Spill-Proof 

Systems and Spill-Proof Spouts," adopted by CARD on July 6, 2000, 

including subsequent revisions,incorporated by reference herein; and 

4, "Test Method 513, Determination of Permeation Rate For SpillProof Systems," adopted by CARB on July 6, 2000, including subsequent 

revisions, incorporated by reference herein. 

(c) A manufacturer may submit a written request to the Department for 

approval to use an alternate test method other than one given in (b) 

above, in order to demonstrate compliance with the applicable standards 

in N.J.A .C . 7 :27-24 .8(a) and (b), The Department shall not approve use 

of any such alternate test method unless the alternate test method has 

been approved in writing by the Department and the EPA and unless the 

manufacturer demonstrates, to the satisfaction of the Department and the 

EPA, that the alternate method is at least as accurate, precise, and 

appropriate as the test method given in (b) above, for which it would be 

substituted. A written request for Department approval to use an alternate 

test method pursuant to this subsection shall be addressed to: 

Attn : Portable Fuel Container Test Method 

Bureau of Technical Services 

New Jersey Department of Environmental Protection 

PO Box 437 

380 Scotch Road 

West Trenton, New Jersey 08625-0437] 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R 4523) 
ENVIRONMENTAL PROTECTION 

7 :27-24 .12 Penalties and other requirements imposed for failure to 

comply 

(a) (No change .) 

(b) If a chemically formulated consumer product subject to this 

subchapter does not comply with the applicable VOC or chlorinated 

toxic air contaminant content requirements at N.J .A.C . 7 :27-24.4, the 

Department may issue an order including, but not limited to, any or all of 

the following : 

1 . Requiring the product's manufacturer to: 

i. Demonstrate to the satisfaction of the Department that the test results 

or calculations are in error, and that the product in fact-complies with the 

applicable VOC or chlorinated toxic air contaminant content 

requirements at N.J.A.C . 7 :27-24.4 ; 

ii .-iii . (No change.) 

2 . (No change .) 

3 . Prohibiting the sale of the product in New Jersey until the 

manufacturer makes a demonstration to the satisfaction of the Department 

that the product to be sold will meet the applicable VOC and chlorinated 

toxic air contaminant content requirements at N.J .A .C. 7 :27-24 .4 . 

(c) If a spout, portable fuel container, or portable fuel container and 

spout subject to this subchapter fails to comply with the applicable 

requirements at N.J.A.C . 7 :27-24 .8, the Department may issue an order 

[including, but not limited to, any or all of the following : 

1 . Requiring] requiring the product's manufacturer to[ : 

i . Demonstrate] demonstrate to the satisfaction of the Department that 

[the test results or calculations are in error, and that] the product in fact 

complies with the applicable requirements at N.J.A.C . 7:27-24 .8[ ; 

ii . Demonstrate to the satisfaction of the Department that the test 

results or calculations for that specific unit are not representative of the 

entire batch, or entire product line of that unit; and/or 

iii . Within 30 days of the manufacturer's submission of the test report 

to the Department,] by producing evidence of CARE or EPA 

certification or the issuance of an IPE, ACP, or variance for the 

product, or recall its non-complying product from all retail outlets in 

New Jersey within 30 days of the issuance of the'order ; 

2 .-3 . (No change .) 

SUBCHAPTER 25 . CONTROL AND PROHIBITION OF AIR 

POLLUTION BY VEHICULAR FUELS 

7 :27-25 .1 Definitions 

The following words and terms, when used in this subchapter, have the 

following meanings, unless the context clearly indicates otherwise: 

. . ."Volatile organic compound" or "VOC" means [any compound of 

carbon (other than carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbonates, metallic carbides, and ammonium carbonate) which 

participates in atmospheric photochemical reactions. For the purpose of 

determining compliance with emission limits or content standards, VOC 

shall be measured by test methods in the approved SIP (such as N.J.A.C . 

7 :27B-3) or 40 CFR Part 60, Appendix A, as applicable, or which have 

been approved in writing by the Department and are acceptable to EPA. 

This term excludes those compounds which EPA has excluded from its 

definition of VOC in the list set forth at 40 CFR 51 .100(s)(1), which is 

incorporated by reference herein, together -with all amendments and 

supplements. As of April 9, 1998, the compounds and classes of 

perfluorocarbons excluded from EPA's definition of VOC at 40 CFR 

51 .100(s) are set forth below: 

methane 

ethane 

methylene chloride (dichloromethane) 

1, l, l-trichloroethane (methyl chloroform) 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) 

trichlorofluoromethane (CFC-11) 

dichlorodifluoromethane (CFC-12) 

chlorodifluoromethane (HCFC-22) 

trifluoromethane (IFC-23) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114) 

chloropentafluoroethane (CFC-115) 

2,2-dichloro-1,1,1-trifluororethane (HCFC-123) 

PROPOSALS 

1,1,1,2-tetratluoroethane (HFC-134a) 

1,1-dichloro-l-fluoroethane (HCFC-141b) 

1-chloro-l,l-difluoroethane (HCFC-142b) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

pentafluoroethane (IfFC-125) 

1,1,2,2-tetrafluoroethane (IJFC-134) 

1,1,1-trifluoroethane (HFC=143a) 

1,1-dilluoroethane WC-152a) 

parachlorobenzotrifluoride (PCBTF) 

cyclic, branched, or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) 

difluoromethane (HFC-32) 

ethylfluoride (BFC-161) 

1,1,1,3,3,3-hexafluoropropane (HFC-236fa) 

1,1,2,2,3-pentafluoropropane (I-IFC-245ca) 

1,1,2,3,3-pentafluoropropane (HFC-245ea) 

1,1,1,2,3-pentafluoropropane (IlTC-245eb) 

1,1,1,3,3-pentafluoropropane (HFC-245fa) 

1,1,1,2,3,3-hexafluoropropane (fIFC-236ea) 

1,1,1,3,3-pentafluorobutane (I-IFC-365mfc) 

chlorofluoromethane (HCFC-31) . 

1-chloro-l-fluoroethane (HCFC-151a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH3) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)ZCFCF20CH;) 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C,F90CZH5) 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoroprop ane 

((CF3)ZCFCFZOC2H3 

methyl acetate 

perfluorocarbons compounds which fall into these classes : 

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 

sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine 

If there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40 CFR 51.100(s)(1) shall control] a 

volatile organic compound as that term is defined by the EPA at 40 

CFR 51.100(s), as supplemented or amended, which is incorporated 

by reference herein . 

SUBCHAPTER 26. [(RESERVED)]PREVENTION OF AIR 

POLLUTION FROM ADHESIVES, 

SEALANTS, ADHESIVE PRIMERS AND 

SEALANT PRIMERS 

7 :27-26 .1 Definitions 

The following words and terms, when used in this subchapter, 

have the following meanings, unless the context clearly indicates 

otherwise. 

"Acrylonitrile-butadiene-styrene" or °'ABS welding adhesive" 

means any adhesive intended by the manufacturer to weld 

acrylonitrile-butadiene-styrene pipe, which is made by reacting 

monomers of acrylonitrile, butadiene and styrene. 

"Adhesive" means any chemical substance that is applied for the 

purpose of bonding two surfaces together other than by mechanical 

means. 

"Adhesive primer" means any product intended by the 

manufacturer for application to a substrate, prior to the application 

of an adhesive, to provide a bonding surface. 

"Aerospace component" means for the purposes of this 

subchapter, the fabricated part, assembly of parts or completed unit 

(CITE 39 N.J .R. 4524) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

of any aircraft, helicopter, missile, or space vehicle, including 

passenger safety equipment. 

"Aerosol adhesive" means an adhesive packaged as an aerosol 

product in which the spray mechanism is permanently housed in a 

non-refillable can designed for handheld application without the 

need for ancillary hoses or spray equipment. 

"Architectural sealant or primer" means any sealant or sealant 

primer intended by the manufacturer to be ,applied to stationary 

structures, including mobile homes, and their appurtenances . 

Appurtenances to an architectural structure include, but are not 

limited to : hand railings, cabinets, bathroom and kitchen fixtures, 

feaces, rain gutters and downspouts, and windows. 

"Automotive glass adhesive primer" means an adhesive primer 

labeled by the manufacturer to be applied to automotive glass prior 

to the installation of the glass using an adhesive/sealant. This primer 

improves adhesion to the pinch weld and blocks ultraviolet light. 

"CARB" means the California Air Resources Board. 

"Ceramic tile installation adhesive" means any adhesive intended 

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

"Chlorinated polyvinyl chloride plastic" or "CPVC plastic" means 

a polymer of the vinyl chloride monomer that contains 67 percent 

chlorine and is normally identified with a CPVC marking, 

"Chlorinated polyvinyl chloride welding adhesive" or "CPVC 

welding adhesive" means an adhesive labeled for the welding of 

chlorinated polyvinyl chloride plastic . 

"Cleanup solvent" means a VOC-containing material used to 

remove a loosely held uncured (that is, not dry to the touch) adhesive 

or sealant from a substrate, or to clean equipment used in applying a 

material . 

"Computer diskette jacket manufacturing adhesive" means any 

adhesive intended by the manufacturer to glue the fold-over flaps to 

the body of a vinyl computer diskette jacket. 

"Contact bond adhesive" means an adhesive that: 

1 . Is designed for application to both surfaces to be bonded 

together ; 

2. Is allowed to dry before the two surfaces are placed in contact 

with each other ; 

3. Forms an immediate bond that is impossible, or difficult, to 

reposition after both adhesive-coated surfaces are placed in contact 

with each other; and 

4. 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. 

This term does not include rubber cements that are primarily 

intended for use on paper substrates and vulcanizing fluids that are 

designed and labeled for tire repair only . 

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

rubber, having a concave radius on one edge and a convex radius on 

the opposite edge that is used in forming a junction between the 

bottom wall course and the floor or to form an inside corner. 

"Cove base installation adhesive" means any adhesive intended by 

the manufacturer to be used for the installation of a cove base or wall 

base on a wall or vertical surface at floor level. 

"Cyanoacrylate adhesive" means any adhesive with a 

cyanoacrylate content of at least 95 percent by weight. 

"Department" means the Department of Environmental 

Protection . 

"Dry wall installation" means the installation of gypsum dry wall 

to studs or solid surfaces using an adhesive formulated for that 

purpose. 

"EPA" means the United States Environmental Protection 

Agency. 

"Exempt compound" means any compound exempted by the EPA 

from the definition of "VOC" at 40 CFR 51 .100(s), as supplemented 

or amended, which is incorporated by reference herein . 

"Flexible vinyl" means non-rigid polyvinyl chloride plastic with at 

least five percent by weight plasticizer content. 

"Fiberglass" means a material consisting of extremely tine glass 

fibers . 

ENVIRONMENTAL PROTECTION 

"Indoor floor covering installation adhesive" means any adhesive 

intended by the manufacturer for use in the installation of wood 

flooring, carpet, resilient tile, vinyl tile, vinyl-backed carpet, resilient 

sheet and roll or artificial grass. This term does not include any 

adhesive that is used to install ceramic tile and perimeter-bonded 

sheet flooring with vinyl backing onto a non-porous substrate, such 

as flexible vinyl. 

"Laminate" means a product made by bonding together two or 

more layers of material. 

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

contains 120 grams or less of solids per liter of material. 

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

any sealant or sealant primer labeled for application to wooden 

marine decks. 

"Medical equipment manufacturing" means the manufacture of 

medical devices, such as, but not limited to, catheters, heart valves, 

blood cardioplegia machines, tracheostomy tubes, blood oxygenators, 

and cardiatory reservoirs. 

"Metal to urethane/rubber molding or casting adhesive" means 

any adhesive intended by the manufacturer to bond metal to high 

density or elastomeric urethane or molded rubber materials, in 

heater molding or casting processes, to -fabricate products such as 

rollers for computer printers or other paper handling equipment. 

"Multipurpose construction adhesive" means any adhesive 

intended by the manufacturer for use in the installation or repair of 

various construction materials, including but not limited to drywall, 

subfloor, panel, fiberglass reinforced plastic (FRP), ceiling tile and 

acoustical tile. 

"Nonmembrane roof installation/repair adhesive" means any 

adhesive intended by the manufacturer for use in the installation or 

repair of nonmembrane roofs and that is not intended for the 

installation of prefabricated single-ply flexible roofing membrane, 

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

roof coating and cold application cement. . 

"Outdoor floor covering installation adhesive" means any 

adhesive intended by the manufacturer for use in the installation of 

floor covering that is not in an enclosure and that is exposed to 

ambient weather conditions during normal use . 

"Panel installation" means the installation of plywood, predecorated hardboard (or tileboard), fiberglass reinforced plastic, and 

similar pre-decorated or non-decorated panels to studs or solid 

surfaces using an adhesive formulated for that purpose. 

"Perimeter bonded sheet flooring installation" means the 

installation of sheet flooring with vinyl backing onto a nonporous 

substrate using an adhesive designed to be applied only to a strip 

with a width of up to four inches around the perimeter of the sheet 

flooring . 

"Person" means an individual, public or private corporation, 

company, partnership, firm, association, society or joint stock 

company, municipality, state, interstate body, the United States, or 

any board, commission, employee, agent, officer or political 

subdivision of a state, an interstate body or the United States. 

"Plastic" or "plastics" means a synthetic material chemically 

formed by the polymerization of organic (carbon-based) substances . 

Plastics are usually compounded with modifiers, extenders, and/or 

reinforcers and are capable of being molded, extruded, cast into 

various shapes and films or drawn into filaments . 

"Plastic cement welding adhesive" means any adhesive intended 

by the manufacturer for use to dissolve the surface of plastic to form 

a bond between mating surfaces. 

"Plastic cement welding adhesive primer" means any primer 

intended by the manufacturer for use to prepare plastic substrates 

prior to bonding or welding. 

"Plastic foam" means foam constructed of plastics . 

"Plasticizer" means a material, such as a high boiling point 

organic solvent, that is incorporated into a vinyl to increase its 

flexibility, workability, or distensibility . 

"Polyvinyl chloride plastic" or "PVC plastic" means a polymer of 

the chlorinated vinyl monomer that contains 57 percent chlorine. 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R 4525) 
ENVIRONMENTAL PROTECTION 

"Polyvinyl chloride welding adhesive" or "PVC welding adhesive" 

means any adhesive intended by the manufacturer for use in the 

welding of PVC plastic pipe. 

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

microscopic, in which fluids may be absorbed or discharged, 

including, but not limited to, wood, paper and corrugated 

paperboard. 

"Propellant" means a fluid under pressure that expels the contents 

of a container when a valve is opened. 

"Reactive diluent" means a liquid that is a reactive organic 

compound during application and one in that, through chemical 

and/or physical reactions such as polymerization, 20 percent or more 

of the reactive organic compound becomes an integral part of a 

finished material. 

"Roadway sealant" means any sealant intended by the 

manufacturer for application to public streets, highways and other 

surfaces, including, but not limited to, curbs, berms, driveways and 

parking lots . 

"Rubber" means any natural or manmade rubber substrate, 

including but not limited to, styrene-butadiene rubber, polychloroprene 

(neoprene), butyl rubber, nitrile rubber, chlorosulfonated polyethylene 

and ethylene propylene diene terpolymer. 

"SCAQMD" means the South Coast Air Quality Management 

District, a part of the California Air Resources Board, which is 

responsible for the regulation of air quality in the State of California . 

"Sealant" means any material with adhesive properties that is 

formulated primarily to fill, seal, waterproof or weatherproof gaps or 

joints between two surfaces. Sealants include sealant primers and 

caulks. 

"Sealant primer" means any product intended by the 

manufacturer for application to a substrate, prior to the application 

of a sealant, to enhance the bonding surface. 

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

sheet rubber liners by hand to metal or plastic substrates to protect 

the underlying substrate from corrosion or abrasion . These 

operations also include laminating sheet rubber to fabric by hand. 

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

rubber (normally ethylene-propylene diene terpolymer) that is fieldapplied to a building roof using one layer of membrane material . 

"Single-ply roof membrane installation and repair adhesive" 

means any adhesive labeled for use in the installation or repair of 

single-ply roof membrane . Installation includes, as a minimum, 

attaching the edge of the membrane to the edge of the roof and 

applying flashings to vents, pipes and ducts that protrude through 

the membrane. Repair includes gluing the edges of torn membrane 

together, attaching a patch over a hole and reapplying flashings to 

vents, pipes or ducts installed through the membrane. 

"Single-ply roof membrane adhesive primer" means any primer 

labeled for use to clean and promote adhesion of the single-ply roof 

membrane seams or splices prior to bonding. 

"Single-ply roof membrane sealant" means any sealant labeled for 

application to single-ply roof membrane. 

"Solvent" means organic compounds that are used as diluents, 

thinners, dissolvers, viscosity reducers, cleaning agents or other 

related uses. 

"Structural glazing adhesive" means any adhesive intended by the 

manufacturer to apply glass, ceramic, metal, stone or composite 

panels to exterior building frames. 

"Subfloor installation" means the installation of subflooring 

material over floor joists, including the construction of any loadbearing joists. Subilooring is covered by a finish surface material . 

"Surface preparation solvent" means a solvent used to remove 

dirt, oil and other contaminants from a substrate prior to the 

application of a primer, adhesive or sealant. 

"Thin metal laminating adhesive" means any adhesive intended by 

the manufacturer for use in bonding multiple layers of metal to metal 

or metal to plastic in the production of electronic or magnetic 

components in which the thickness of the bond line(s) is less than 0.25 

mils . 

PROPOSALS 

"Tire repair" means a process that includes expanding a hole, 

tear, fissure or blemish in a tire casing by grinding or gouging, 

applying adhesive and filling the hole or crevice with rubber. 

"Tire retread adhesive" means any' adhesive intended by the 

manufacturer for application to the back of precured 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 prepared for a new tread . 

"Traffic marking tape" means preformed reflective film intended 

by the manufacturer for application to public streets, highways and 

other surfaces, including but not limited to curbs, berms, driveways 

and parking lots. 

"Traffic marking tape adhesive primer" means any primer 

intended by the manufacturer for application to surfaces prior to 

installation of traffic marking tape . 

"Undersea-based weapons systems' component" means the 

fabrication of parts, assembly of parts or completed units of any 

portion of a missile launching system used on undersea ships. 

"Volatile organic compound" or "VOC" means a volatile organic 

compound as that term is defined by the EPA at 40 CFR 51 .100(s), as 

supplemented or amended, which is incorporated by reference 

herein . 

"Waterproof resorcinol glue" means a two-part resorcinol-resinbased adhesive designed for applications where the bond line must be 

resistant to conditions of continuous immersion in fresh or salt water. 

7 :27-26.2 Applicability 

(a) Except as provided in N.J.A.C . .7 :27-26.4, this subchapter 

applies to any person who: 

1 . Sells, supplies, offers for sale or manufactures for sale in New 

Jersey any adhesive, sealant, adhesive primer or sealant primer for 

use in New Jersey; or 

2. For compensation, uses or applies any adhesive, sealant, 

adhesive primer or sealant primer within New Jersey. 

7:27-26 .3 Requirements 

(a) Except as provided in N.J .A .C. 7:27-26.4(e) and (g), on and 

after January 1, 2009, no person shall manufacture for sale in New 

Jersey any adhesive, sealant, adhesive primer or sealant primer that 

exceeds the applicable VOC content limits specified in Table 1 below . 

(b) Except as provided in ('s) below and N.J.A.C. 7:27-26 .4(a), (b), 

(e) and (g), on and after January l, 2009, no person shall sell, supply 

or offer for sale in New Jersey any adhesive, sealant, adhesive primer 

or sealant primer that exceeds the applicable VOC content limits 

specified in Table 1 below. 

(c) Except as provided in (f) and (i) below and N.J .A .C . 7:27-

26 .4(a) through (d), on and after January 1, 2009, no person shall, for 

compensation, use or apply within New Jersey any adhesive, sealant, 

adhesive primer or sealant primer that exceeds the applicable VOC 

content limits specified in Table 1 below. 

(d) The VOC content limits in Table 1 for adhesives applied to 

particular substrates apply as follows : 

1 . If an operator uses an adhesive or sealant subject to a specific 

VOC content limit for such adhesive or sealant in Table 1, such 

specific limit is applicable, rather than an adhesive-to-substrate limit; 

and 

2. If an adhesive is used to bond dissimilar substrates together, the 

applicable substrate category with the highest VOC content is the 

limit for such use. 

(e) Any person subject to this subchapter using a surface 

preparation or cleanup solvent shall: 

1. Except as provided in (e)2 below for single-ply roofing, not use 

materials for surface preparation containing VOCs, unless the VOC 

content of the surface preparation solvent is less than 70 grams per 

liter; ' 

2 . If using a surface preparation solvent in applying single-ply 

roofing, not use materials for surface preparation containing VOCs, 

unless the composite vapor pressure, excluding water and exempt 

compounds, of the surface preparation solvent is less than or equal to 

45 millimeters of mercury (mm Hg) at 20 degrees Celsius ; 

(CITE 39 N.J .R. 4526) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 . 
PROPOSALS ENVIRONMENTAL PROTECTION 

3 . Not use materials containing VOCs for the removal of Computer diskette jacket 850 adhesives, sealants, or adhesive or sealant primers from surfaces, manufacturing other than spray application equipment, unless the composite vapor 

pressure of the solvent used is less than or equal to 45 millimeters of Contact bond , ' 250 

mercury (mm Hg) at 20 degrees Celsius; and Cove base installation 150 

4 . Remove an adhesive, sealant, adhesive primer or sealant primer 

from the parts of spray application equipment: CPVC welding 490 

i. In an enclosed cleaning system, or equivalent cleaning system, as Indoor floor covering 150 

determined by the test method identified in N.J.A.C. 7:27-26 .6 ; installation 

ii. By using a solvent with a VOC content less than or equal to 70 Metal to uretbane/rubber 850 

grams of VOC per liter of material ; or 

iii . By soaking parts containing dried adhesive in solvent molding or casting 

containing VOCs, if the composite vapor pressure of the solvent, Multipurpose construction 200 

excluding water and exempt compounds, is less than or equal to 9.5 Nonmembrane roof 300 

mm Hg at 10 degrees Celsius and the parts and solvent are in a installation/repair 

closed container that remains closed except when adding parts to or ' 

removing parts from the container. Other plastic cement welding 510 

(f) A person using an adhesive, sealant, adhesive primer or sealant Outdoor floor covering 250 

primer subject to the provisions of this subchapter may comply with installation 

(c) and (e) above by using add-on air pollution control equipment if 

the following requirements are met: PVC welding 510 

1 . The VOC emissions from the use of all adhesives, sealants, Single-ply roof membrane 250 

adhesive primers or sealant primers subject to the provisions of this installation/repair 

subchapter are reduced by an overall capture and control efficiency Structural glazing 100 of at least 85 percent, by weight ; 

2. The combustion temperature is monitored continuously if a Thin metal laminating 780 

thermal incinerator is operated ; Tire retread 100 

3. Inlet and exhaust gas temperatures are monitored continuously 

if a catalytic incinerator is operated ; Perimeter bonded sheet vinyl 660 

4. Control device efficiency is monitored continuously if a carbon flooring installation 

absorber or control device other than a thermal or catalytic Waterproof resorcinol glue 170 

incinerator is operated ; and 

5. Operation records sufficient to demonstrate compliance with Sheet-applied rubber 850 

the requirements of this subsection are maintained as required by installation 

N.J.A .C . 7:27-26 .5. 

(g) Any person using adhesives, sealants, adhesive primers, sealant Sealants 

primers, surface preparation or clean-up solvents subject to this 

subchapter shall store or dispose of all absorbent materials, such as Architectural 250 

cloth or paper, that are moistened with adhesives, sealants, primers Marine deck 760 

or solvents subject to this subchapter, in non-absorbent containers ' 

that shall be closed except when placing materials in or removing Nonmembrane roof 300 

materials from the container. installation/repair 

(h) No person shall solicit, require the use or specify the Roadway 250 

application of any adhesive, sealant, adhesive primer, sealant primer, 

surface preparation or clean-up solvent if such use or application Single-ply roof membrane 450 

results in a violation of the provisions of this subchapter. This Other 420 

prohibition applies to all written or oral contracts under which any 

adhesive, sealant, adhesive primer, sealant primer, surface 

preparation or clean-up solvent subject to this subchapter is to be Adhesive Primers 

used at any location in New Jersey . Automotive glass 700 

(i) An adhesive, sealant, adhesive primer or sealant primer that 

exceeds the applicable VOC content limits specified in Table 1 below, Plastic cement welding 650 

manufactured prior to January 1, 2009, may be sold, supplied, Single-ply roof membrane 250 

offered for sale, or used after January 1, 2009, if that product Traffic marking tape 150 displays the date or date-code in accordance with the requirements at 

N.J.A.C . 7:27-26.7(b) and 26.8 . Other 250 

Table 1. VOC Content Limits for Adhesives, Sealants, Adhesive 

Primers, Sealant Primers and Adhesives Applied to Particular 

Substrates 

Adhesive, sealant, adhesive VOC content limit 

primer or sealant primer (grams VOC per liter*) 

cateEo_ry 

Sealant Primers 

Non-porous architectural 250 

Porous architectural 775 

Marine deck 760 

Other 750 

Adhesives 

ABS welding 400 

Ceramic tile installation 130 

Adhesives Applied to the Listed 

Substrate 

Flexible vinyl 250 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J.R. 4527) 
ENVIRONMENTAL PROTECTION 

Fiberglass 200 

Metal . 30 

Porous material 120 

Rubber 250 

Other substrates 250 

*The VOC content is determined as the weight of volatile 

compounds, less water and exempt compounds as specified in 

N.J .A .C . 7 :27-26.6. 

7:27-26 .4 Exemptions 

(a) The requirements of this subehapter do not apply to the 

following compounds : 

1 . Adhesives, sealants, adhesive primers or sealant primers being 

tested or evaluated in any laboratory testing (including testing by 

research and development, quality assurance or analytical 

laboratories), provided records are maintained sufficient to 

demonstrate compliance with this exemption and in accordance with 

N.J.A.C. 7:27-26 .5; 

2 . Adhesives, sealants, adhesive primers and sealant primers that 

are subject to the provisions of N.J.A.C. 7 :27-24 ; 

3 . Adhesives and sealants that contain less than 20 grams of VOC 

per liter of ,adhesive or sealant, less water and less exempt 

compounds, as applied ; 

4 . Cyanoacrylate adhesives; 

5 . Adhesives other than plastic cement welding adhesives and 

contact 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; and 

6. Contact adhesives that are sold or supplied by the manufacturer 

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

(b) The requirements of this subchapter do not apply to the 

following operations : 

1 . Tire repair operations, provided the label of the adhesive states 

"For tire repair only" ; 

2. The assembly, repair and manufacture of aerospace or 

undersea-based weapons systems components ; 

3. Solvent welding operations used in the manufacture of medical 

devices; and 

4. Plaque-laminating operations in which adhesives are used to 

bond clear, polyester acetate laminate to wood with lamination 

equipment installed prior to July 1, 1992 . the exemption in this 

paragraph shall not apply until the person claiming the exemption 

notifies the Department in writing that a complying adhesive is not 

available. 

(c) The provisions of this subchapter, other than N.J.A .C . 7:27-

26.3(a) and (b), do not apply if the total of VOC emissions from all 

adhesives, sealants, adhesive primers and sealant primers used at the 

facility is less than 200 pounds per calendar year, or an equivalent 

volume. Any person claiming exemption pursuant to this subsection 

shall record and maintain for five years monthly operational records 

sufficient to demonstrate compliance . 

(d) The provisions of N.J .A.C. 7:27-26.3(c) and (e) do not apply to 

the use of any adhesives, sealants, adhesive primers, sealant primers, 

cleanup solvents and surface preparation solvents, provided the total 

volume of noncomplying adhesives, sealants, primers, cleanup and 

surface preparation solvents applied facility-wide does not exceed 55 

gallons per calendar year. Any person claiming exemption pursuant 

to this subsection shall record and maintain for rive years monthly 

operational records sufficient to demonstrate compliance . 

(e) This subchapter does not apply to a manufacturer or 

distributor who sells, supplies or offers for sale in New Jersey any 

adhesive, sealant, adhesive primer or sealant primer that does not 

comply with the VOC content limits in N.J .A .C . 7 :27-26.3, Table 1, 

PROPOSALS 

provided that such manufacturer or distributor makes and keeps 

records demonstrating : 

1 . The adhesive, sealant, adhesive primer or sealant primer is 

intended for shipment and use outside of New Jersey; and 

2. 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 New Jersey. 

(f) The provisions of (e) above do tiot apply to any adhesive, 

sealant, adhesive primer or sealant primer that is sold, supplied or 

offered for sale by any person to a retail outlet in New Jersey. 

(g) N.J.A.C . 7 :27-26.3(a) and (b) do not apply to the sale or 

manufacture for sale of any adhesive, sealant, adhesive primer or 

sealant primer to a person complying with the requirements of this 

subchapter by using add-on air pollution control equipment, in 

conformance with a permit issued pursuant to N.J.A.C. 7:27-8, that 

satisfies the requirements for such add-on equipment at N.J.A.C. 

7 :27-26 .3(f) . 

7 :27-26 .5 Administrative requirements 

(a) Any person subject to this subchapter pursuant to N.J.A .C . 

7:27-26 .2(b) to whom the Department has issued an air permit under 

N.J .A.C. 7:27-8 for any operation that involves the use or application 

of an adhesive, sealant, adhesive primer or sealant primer shall 

maintain records demonstrating compliance, including, but not 

limited to, the following information : 

1 . A list of each adhesive, sealant, adhesive primer, sealant primer 

cleanup solvent and surface preparation solvent in use and in 

storage; 

2. A data sheet or material list which provides the material name, 

manufacturer identification, and material application; 

3 . Catalysts, reducers or other components used and the mix ratio ; 

4. The VOC content of each product as supplied; 

5 . The final VOC content or vapor pressure, as applied ; and 

6 . The monthly volume of each adhesive, sealant, adhesive primer, 

sealant primer, cleanup or surface preparation solvent used . 

(b) Any person who complies with N.J.A.C. 7:27-26.3(c) or (e) 

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 : 

1 . The volume used per day of each adhesive, sealant, adhesive 

primer, sealant primer or solvent that is subject to a VOC content 

limit in Table 1 and that exceeds such a limit ; 

2 . On a daily basis, the combustion temperature, inlet and exhaust 

gas temperatures and control device efficiency, as appropriate, 

pursuant to N.J.A .C . 7 :27-26.3(e) ; 

3 . Daily hours of operation ; and 

4. All maintenance performed including the date and type of 

maintenance. 

(c) For adhesives, sealants, adhesive primers and sealant primers 

subject to the laboratory testing exemption pursuant to N.J.A.C . 

7:27-26.4(a)1, 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. 

(d) Each record made to determine compliance with this 

subchapter shall be maintained for five years from the date such 

record is created and shall be made available to the Department 

within 90 days of a request. 

7:27-26 .6 Compliance procedures and test methods 

(a) Except as provided in (c), (d) and (e) below, the VOC and 

solids content of all non-aerosol adhesives, adhesive primers and 

cleanup solvents shall be determined using either : 

1. EPA Reference Method 24, Determination of Volatile Matter 

Content, Water Content, Density, Volume Solids, and Weight Solids 

of Surface Coatings, as identified in 40 CFR 60, Appendix A, as 

supplemented or amended, and incorporated herein by reference; or 

2. SCAQMD Method 304-91, Determination of Volatile Organic 

Compounds (VOC) In Various Mateiials, as supplemented or 

amended, and incorporated herein by reference, available in 

"Laboratory Methods of Analysis for Enforcement Samples" which ' 

(CITE 39 N.J .R. 4528) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS 

can be viewed or downloaded from the South Coast Air Quality 

Management District (SCAQMD) website at httu ://wv«v .aamd.eovl 

tao/mehtods/labmethtoclhtml by clicking on the appropriate heading 

or method listed . 

(b) The organic content of exempt compounds shall be determined 

using ASTM D4457-85, (Reapproved 1991), Test Method for 

Determination of Dichloromethane and 1, 1, 1-Trichloroethane in 

Paints and Coatings by Direct Injection into a Gas Chromatograph, 

as applicable, as supplemented or amended, and incorporated herein 

by reference, which is available from the American Society for 

Testing and Materials (ASTM), 100 Barr Harbor Drive, Post Office 

Box C700, West Conshohocken, PA 19428-2959 or from its website at 

www.astm.ore. 

(c) The VOC content of any plastic welding cement adhesive or 

primer shall be determined using SCAQMD Method 316A 92, 

Determination Of Volatile Organic Compounds (VOC) In 

Materials Used For Pipes And Fittings, as supplemented or 

amended, and incorporated herein by reference, available in 

"Laboratory Methods of Analysis for Enforcement Samples" which 

can be viewed or downloaded from the South Coast Air Quality 

Management District (SCAQMD) website at htto ://www.agmd.¢ov/ 

tao/methods/labmethtoc .html by clicking on the appropriate 

heading or method listed . 

(d) 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 

92, Determination Of Volatile Organic Compounds (VOC) In 

Materials Used For Pipes And Fittings, as supplemented or amended, 

and incorporated herein by reference, available in "Laboratory 

Methods of Analysis for Enforcement Samples" which can be viewed 

or downloaded from the South Coast Air Quality Management 

District (SCAQMD) website at httn :(lwww .acamd.¢ov/tao/methods/ 

labmethtoc.html by clicking on the appropriate heading or method 

listed . 

(e) The composite vapor pressure of organic compounds in 

cleaning materials shall be determined by quantifying the amount of 

each compound in the blend using, as applicable, either : 

1. For organics : ASTM E260-96, General Gas Chromatography 

Procedures, as supplemented or amended, and incorporated herein 

by reference; or 

2 . For water content, ASTM D 3792-79 Standard Test Method for 

Water Content of Water-Reducible Paints by Direct Injection into a 

Gas Chromatograph, as supplemented or amended, and incorporated 

herein by reference, and the following equation: 

w 

E (Wi)(VPi)IMwi 

I-I 

Pp, = 

p O 

Ww/Mww + 7- W./Mw. + I W;/Mw, 

W W 

Where: 

Pp, = VOC composite partial pressure at 20 degrees C, in 

millimeters of mercury (mm Hg) 

W;= 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 

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

determined by ASTM E 260-91 

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

per g-mole, as given in chemical reference literature 

Mw, = Molecular weight of water, 18 grams per g-mole 

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

per g-mole, as given in chemical reference literature 

ENVIRONMENTAL PROTECTION 

Vp; = Vapor pressure of the "i"th VOC compound at 20 degrees 

C, in mm Hg, as determined by (f) below. 

Both of the above ASTM test methods are available from the 

American Society for Testing and Materials (ASTM), 100 Barr 

Harbor Drive, Post Office Box C700, West Conshohocken, PA 19428-

2959, or from its website at www.astm.ore. 

(f) The vapor pressure of each single component compound may 

be determined from ASTM D2879-97, Test Method for Vapor 

Pressure-Temperature Relationship and Initial Decomposition 

Temperature of Liquids by Isoteniscope, as supplemented or 

amended, and incorporated herein by reference, which is available 

from the American Society for Testing and Materials (ASTM), 100 

Barr Harbor Drive, Post Office Box C700, West Conshohocken, PA 

19428-2959, or from its website at www.astm .ore, or may be obtained 

from any of the following sources : 

1 . The Vapor Pressure of Pure Substances; Boublik, Fried, and 

Hala; Elsevier Scientific Publishing Company, New York, 1984, as 

supplemented or amended; 

2. Perry's Chemical Engineer's Handbook; McGraw-Hill Book 

Company, Eighth Edition, 2007, as supplemented or amended; 

3. CRC Handbook of Chemistry and Physics; Chemical Rubber 

Publishing Company, 88th Edition, 2007, as supplemented or 

amended; 

4 . Lange's Handbook of Chemistry; John Dean, editor, McGrawHill Book Company, 15th Edition, 1998, as supplemented or 

amended; or 

5. Additional sources ~approved by the SCAQMD or other 

California air districts. 

(g) If air pollution control equipment is used to meet the 

requirements of this subchapter, the owner or operator shall make 

the following determinations : 

1 . The measurement of capture efficiency shall be conducted and 

reported in accordance with the EPA Technical Document 

"Guidelines for Determining Capture Efficiency," issued January 9, 

1995, as supplemented or amended and incorporated by reference 

herein, which is available from the USEPA's Office of Air Quality 

Planning and Standards, Emission Monitaring and Analysis Division, 

Research Triangle Park, NC 27711, January 9, 1995 ; and 

2. The control efficiency shall be determined in accordance with 

one of the following: 

i. EPA Method 25, 40 CFR 60, Appendix A, - Determination of 

Total Gaseous Non-Methane Organic Emissions as Carbon, as 

supplemented or amended and incorporated by reference herein; 

ii. EPA Reference Method 25A, 40 CFR 60, Appendix A, 

Determination of Total Gaseous Organic Concentration Using a 

Flame Ionization Analyzer, as supplemented or amended and 

incorporated by reference herein ; 

iii . EPA Reference Method 25B, 40 CFR 60, Appendix A, 

Determination of Total Gaseous Organic Concentration Using a NonDispersive Infrared Analyzer, as suppiemented or amended and 

incorporated by reference herein ; or 

iv. CARB Method 100, Procedures for Continuous Gaseous 

Emission Stack Sampling, as supplemented or amended and 

incorporated by reference herein, which can be obtained from 

CARB, Monitoring and Laboratory, 1927 13th Street, Sacramento, 

CA 95814, or at htta ://www .arb.ca.eov/testmeth/VOLI/NLIOO .PDF. 

(h) 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, as supplemented or amended, and 

incorporated herein by reference, available from South Coast Air 

Quality Management District (SCAQMD), 21865 Copley Dr, 

Diamond Bar, CA 91765, and at htto ://yosemite.eaa .eov/R9/ 

R9Testmethod.nsf/0/4C22DA95566CEF E78825708F006010EC/Sfile/S 

C°/a20Sol%20LossSnravGuu.ndf. The test solvent for this 

determination shall be any lacquer thinner with a minimum vapor 

pressure of 105 mm of Hg at 20 degrees Celsius, and the minimum 

test temperature shall be 15 degrees Celsius. 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J.R. 4529) 
ENVIRONMENTAL PROTECTION 

(i) 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 : ' 

Grams of VOC per __ 

liter of adhesive 

Ws - WW - We 

Vin - Vw - Ve 

Where 

Ws = weight of volatile compounds, in grams 

Ww = weight of water, in grams 

We = weight of exempt compounds, in grams 

Vm = volume of material, in liters 

Vw = volume of water, in liters 

Ve = volume of exempt compounds, in liters 

(j) For adhesives that contain reactive diluents, 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 Wrs - Wrw - Wre 

liter of adhesive = Vrm - Vrw - Vre 

Where 

Wrs = weight of volatile compounds not consumed during curing, 

in grams 

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

Wre = weight of exempt compounds not consumed during curing, 

in grams 

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

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

Vre = volume of exempt compounds not consumed during curing, 

in liters 

(k) Grams of VOC per liter of material shall be calculated 

according to the following equation : 

Grams of VOC per 

liter of adhesive = 

WS -Ww-We 

Vm 

Where 

Ws = weight of volatile compounds, in grams 

Ww = weight of water, in grams 

We =weight of exempt compounds, in grams 

Vm = volume of material, in liters 

(1) Percent VOC by weight shall be calculated according to the 

following equation : 

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

Where 

Wv=weight of VOCs in grams 

W= weight of material in grams 

7:27-26.7 Container labeling 

(a) On and after January 1, 2009, each manufacturer of an 

adhesive, sealant, adhesive primer or sealant primer subject to this 

subchapter shall display the following information on the product 

container or label: 

1. A statement of the manufacturer's recommendation regarding 

thinning, reducing, or mixing of the product, except that : 

i. This requirement does not apply to the thinning of a product 

with water; and 

PROPOSALS 

ii. If thinning of the product prior to use is not necessary, the 

recommendation must specify that the product is to be applied 

without thinning ; 

2 . The maximum or the actual VOC content of the product in 

accordance with N.J.A .C. 7:27-26.6, as supplied, displayed in grams 

of VOC per liter of product ; and 

3 . The maximum or the actual VOC content of the product in 

accordance with N.J.A.C. 7 :27-26 .6, which includes the 

manufacturer's maximum recommendation for thinning, as applied, 

displayed in grams of VOC per liter of product 

(b) Except as provided at (c) below, a manufacturer of an 

adhesive, sealant, adhesive primer or sealant primer subject to this 

subchapter shall clearly display, on each product package, the day, 

month, and year in which the product was manufactured, or a code 

indicating such date (that is, a date-code) . The date or date-code shall 

be located on the packaging, or inside the cover or cap, so that it is 

readily observable or obtainable without irreversibly disassembling 

any part of the packaging, such as by simply removing the cover or 

cap. Use of the following code to indicate the date of manufacture in 

compliance with the requirements of this subsection will exempt the 

manufacturer from the requirements of (e) below, if the code is 

represented separately from other codes on the product container so 

that it is easily recognizable: 

YY DDD 

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 day of the year, and so forth 

(also known as the "Julian date") . 

(c) If for any adhesive, sealant, adhesive primer or sealant primer 

the manufacturer uses a date-code other than the YY DDD format to 

comply with (b) above, the manufacturer shall submit an explanation 

of the date portion of the product code to the Department. The 

explanation shall be submitted with the electronic registration of the 

date code, in accordance with the requirements of N.J.A .C . 7:27-26 .8 . 

(d) Subsection (c) above does not apply to a product if: 

1. The product contains no VOC; or contains 0.10 percent VOC, 

or less, by weight; or 

2 . The product is offered to consumers free of charge for the 

purpose of sampling the product. 

7:27-26.8 Registration 

(a) The manufacturer of an adhesive, sealant, adhesive primer or 

sealant primer who uses a date-code other than the VY DDD format 

as described at N.J.A .C . 7 :27-26.7(b) to comply with N.J.A .C . 7:27-

26.7(b) shall register that product and an explanation of the datecode with the Department as follows: 

1 . The registration shall include the following information : 

i. The name of the manufacturer; 

ii . The full mailing address of the manufacturer ; 

iii. The name and telephone number of a contact person ; 

iv . The product category and subcategory (as listed in Table 1 at 

7:27-26.3) to which the manufacturer's product belongs (for 

example: sealants :marine deck); and 

v. An explanation of the date-code system ; 

2. The registration shall be submitted to the Department on the 

form provided by the Department at httu ://www .state.ni.us/deu/ 

bagn, and shall be submitted electronically, by email, on diskette, or 

on CD-ROM, unless: 

i. Electronic submission would impose hardship on the manufacturer; 

and 

ii . The Department is satisfied that a hardship exists and approves 

a written request from the manufacturer to submit the information 

on paper pursuant to (c) below; 

3. The registration shall be submitted in accordance with the 

following schedule : 

(CITE 39 N.J .R . 4530) NEW JERSEY REGISTER,1biONDAY, NOVEMBER 5, 2007 
PROPOSALS 

i . For an adhesive, sealant, adhesive primer or sealant primer sold 

in New Jersey prior to January 1, 2009, the registration shall be 

submitted on or after June 6, 2008 and prior to January 1, 2009; and 

ii . For an adhesive, sealant, adhesive primer or sealant primer sold 

in New Jersey on or after January 1, 2009, that was not sold in New 

Jersey prior to January 1, 2009, the registration shall be submitted 

prior to selling the product in New Jersey; and 

4. If, subsequent to the submission of a registration, any 

information provided in the registration changes, the manufacturer 

shall submit a revised registration including the new information 

within 90 days of the change. 

(b) No information submitted as part of the registration may be 

claimed to be confidential, including under the procedures set forth 

at N.J.A.C . 7:27-1 .6 through 1 .29 . 

(c) If a manufacturer seeks approval to submit its registration on 

paper, rather than electronically, the following apply: 

1 . The manufacturer shall submit the written request to the 

following address : 

Bureau of Air Quality Planning 

New Jersey Department of Environmental Protection 

PO Box 418 

401 East State Street 

Trenton, New Jersey 08625-0418 

and the envelope in which the written request is submitted shall be 

labeled as follows: "Attention : Request for On-Paper Submittal of 

Adhesives/Sealants Registration" ; 

2. The written request shall include an explanation of the hardship 

that electronic submission would impose on the manufacturer; 

3. Any submittal to the Department other than a registration shall 

be certified in accordance with N.J.A .C . 7:27-1 .39, Certification of 

information ; 

4. The Department shall not approve a manufacturer's written 

request to submit its registration on paper unless the Department is 

satisfied that electronic submission would impose hardship on the 

manufacturer; and 

5. Once the Department has approved submission of a nonelectronic submission, the manufacturer shall send the submission to 

the address provided at (c)1 above. 

SUBCIiAPTER 33. (RESERVED) 

SUBCHAPTER 34. TBAC EMISSIONS REPORTING 

7:27-34 .1 Definitions 

The following words and terms, when used in this subchapter, 

have the following meanings, unless the context clearly indicates 

otherwise. 

"AP-42" means the January 1995, 5th edition of the manual 

entitled "Compilation of Air Pollutant Emission Factors," which is 

published by the EPA, including supplements A through G and any 

subsequent revisions, as amended and supplemented, incorporated 

herein by reference. The manual may be obtained from the National 

Technical Information Service (NTIS), 5285 Port Royal Road, 

Springfield, Virginia, 22161, (703) 487-4650; or from the 

Superintendent of Documents, Government Printing Office, 

Washington, D.C ., 20402, (202) 783-3228 . In addition, the manual 

can be accessed electronically through the EPA Technology Transfer 

Network CIIIEF site at httn ://www .ena .eov/ttn/chief/an42! 

index.html. 

"Continuous emissions monitor" or "CEM" means a device that 

continuously measures the emissions from one or more source 

operations . 

"Department" means the New Jersey Department of 

Environmental Protection. 

"Emission year" means the calendar year during which emissions 

reported were emitted. 

"EPA" means the United States Environmental Protection 

Agency. 

"Manufacturer" means a person who manufactures, imports, 

assembles, processes, produces, packages, repackages, or re-labels a 

ENVIRONMENTAL PROTECTION 

product. Manufacturer also includes any person for whom the 

product is manufactured, or by whom the product is distributed, if 

that person is identified as such on the product label . Manufacturer 

also includes any person who hires another person to manufacture a 

product for compensation. 

"Ozone season" means the portion of each year beginning May I 

and ending September 30. 

"Person" means an individual, public or private corporation, 

company, partnership, firm, association, society or joint stock 

company, municipality, state, interstate body, the United States, or 

any board, commission, employee, agent, officer or political 

subdivision of a state, an interstate body or the United States . 

"Reasonably available" means, with respect to a method of 

quantification, a method that utilizes data or information that is 

already in the possession of a person at the time of reporting, or that 

can be obtained by such person through public sources. For example, 

a quantification method utilizing emission factors set forth in an AP42 document is a reasonably available method. 

"Reporting year" means the calendar year during which emissions 

are reported . This is the year immediately following the emission 

year. 

"Responsible official" has the same meaning as defined at 

N.J.A .C . 7 :27-1 .4 . 

"State" means the State of New Jersey. 

"TBAC" means tertiary butyl acetate or t-butyl acetate (CAS 

#540-88-5). 

7:27-34 .2 Applicability 

(a) This subchapter applies to any person who: 

1 . Manufactures TBAC or a product containing TBAC, within the 

State ; or 

2. Manufactures a product containing TBAC for sale in the State. 

7:27-34 .3 Reporting requirements 

(a) Each in-State manufacturer of TBAC, each manufacturer of a 

product containing TBAC for sale . in the State, and each 

manufacturer who uses TBAC in a manufacturing process in the 

State, shall submit the following information regarding TBAC to the 

Department: 

1 . The name of the manufacturer; 

2. The full mailing address of the manufacturer; 

3. For an in-State manufacturing facility, the full street address of 

the facility where the product was manufactured; 

4. The name, telephone number, and email address of a contact 

person; 

5.The name, telephone number, and email address of the 

responsible official; 

6. For each in-State manufacturer of TBAC or a product 

containing TBAC, the amount of TBAC emissions in pounds per 

ozone-season day and pounds per year from the facility ; 

7. For each manufacturer of a product containing TBAC, the 

TBAC emissions in pounds per ozone-season day and pounds per 

year from the use of the product in New Jersey ; 

8. The method used to estimate actual emissions, in accordance 

with N.J.A.C . 7:27-34.4; 

9. The brand name of the product containing TBAC; 

10 . If the product containing TBAC is subject to the provisions of 

N.J.A.C . 7:27-23, 24 or 26, the category to which the product 

belongs; and 

11 . If the product containing TBAC is not subject to the provisions 

of N.J.A .C . 7:27-23, 24 or 26, a description of the use for which the 

product is intended. 

(b) The information shall be submitted to the Department in a 

format in accordance with guidance on the Department's website at 

bttn ://www.ni .gov/deo/baan and shall : 

1. Be submitted to the Department on a CD-ROM, diskette, or any 

other compatible electronic media unless: 

i. Electronic submission would impose hardship on the 

manufacturer; and 

ii. The Department approves a request from the manufacturer to 

submit the information on paper pursuant to (e) below; 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R . 4531) 
ENVIRONMENTAL PROTECTION 

2. Include properly signed certification in accordance with 

N.J.A .C . 7:27-1 .39 ; 

3. Include the emissions report and the certification and be 

submitted to the Department at the following address: 

Attn : TBAC Emissions Report 

Bureau of Air Quality Planning 

Department of Environmental Protection 

P.O. Box 418 

401 East State Street 

Trenton, New Jersey 08625-0418 ; and 

4 . Be submitted annually to the Department by April 30 of the 

reporting year. 

(c) Any information submitted pursuant to this section shall not be 

claimed to be confidential, including under the procedures set forth 

at N.J .A.C. 7:27-1 .6 through 1 .19 . 

(d) A manufacturer who claims that electronic submission of its 

emissions report will impose a hardship shall submit annually a 

request to the Department to submit its emissions report on paper, 

rather than electronically, as follows : 

1 . The request shall include an explanation of the hardship that 

electronic submission would impose on the manufacturer; 

2 . The request shall include a statement of commitment from the 

manufacturer to obtaining the required resources to report future 

emissions reports electronically ; 

3 . The Department shall not approve a manufacturer's request to 

submit its emissions report on paper unless the Department is 

satisfied that electronic submission would impose hardship on the 

manufacturer ; and 

4 . The manufacturer shall submit the request to the Department at 

the following address : 

Attn : TBAC Emissions Report 

Bureau of Air Quality Planning 

Department of Environmental Protection 

P.O . Boa 418 

401 East State Street 

Trenton, New Jersey 08625-0418 

7 :27-34 .4 Methods to estimate actual emissions 

(a) The method that shall be used to estimate actual emissions for 

a TBAC emissions report is the best available estimation method 

selected from Table 1 below. The best available estimation method is 

a method listed in Table 1 that is reasonably available and provides 

the most accurate estimation of the actual emissions from the 

emission source. A manufacturer submitting a TBAC emission report 

shall presume that the highest-ranked, reasonably available method 

in Table 1 is the best available estimation method and shall use that 

method, unless a different method is selected pursuant to (b) below. 

TABLE 1 : RANKING OF METHODS FOR ESTIMATING 

ACTUAL EMISSIONS 

Ranking Methods 

1 Continuous Emissions Monitoring 

2 Predictive Emissions Monitoring 

3 Department-Approved and Supervised Source 

Emission Testing Performed during the Reporting 

Year 

4 Department-Approved. and Supervised Source 

Emission Testing Performed in a Prior Year 

5 Mass/Material Balance 

6 AP-42 Emission Factor or Other EPA-Approved 

Emission Estimation Methodology or Selection of a 

Source Emission Test for a Similar Size Unit from 

the AP-42 Basis and Background Documents 

7 Manufacturer's Estimate 

PROPOSALS 

8 Others " Industry Council or 

(including): Organization Emission 

Factor 

" Source Emission Testing Not 

Approved or Supervised by 

the Department 

" Good Engineering 

Judgment/Factor 

(b) A method listed in Table 1 that is ranked lower than the 

highest-ranked reasonably available method may be used to estimate 

emissions for a TBAC emissions report if: ' 

1 . The manufacturer can demonstrate that use of the lowerranked method results in more accurate estimation of emissions than 

would have been achieved using any higher-ranked, reasonably 

available method; or 

2. Use of the lower-ranked method is consistent with EPA's 

guidance, including its hierarchy for emission calculation methods 

and/or its identification of preferred methods for specific types of 

emission sources, as set forth in the EPA's Emissions Inventory 

Improvement Program (EIIP) Guidance for Emissions Inventory and 

Development, as supplemented or amended, which is incorporated by 

reference herein, and which is available from the EPA website at 

httn ://www .ena .eov/ttn/chief/eiin/techreoort/. 

(c) For each emissions calculation method used in a TBAC 

emissions report that is a lower-ranked method being used pursuant 

to (ti) above, a written justification shall be prepared documenting 

the basis for the use of the lower-ranked method. This justification 

shall be maintained on-site and be provided to the Department upon 

request . The justification shall : ' 

1. Identify the estimation method that was the highest-ranked 

reasonably available method pursuant to the rankings in Table 1; 

2. Identify the method selected by the manufacturer pursuant to 

(b) above ; and 

3 . Explain how selection of this method conforms to the applicable 

condition(s) in (b) above. 

7:27-34 .5 Recordkeeping requirements 

(a) For each TBAC emissions report submitted to the Department, 

the manufacturer shall maintain the following records for a period of 

five years from the date each submittal is due: 

1 . An electronic copy and a paper copy of the TBAC emissions 

report submitted to the Department ; and 

2. Records indicating how the information submitted in the TBAC 

emissions report was. determined, including any calculations, data, 

measurements, and estimates used. 

(b) Upon the request of the Department, the manufacturer shall 

make these records available for inspection by any representative of 

the Department during normal business hours. 

(c) Upon receipt of a written request from the Department, the 

manufacturer shall timely submit a copy of the records specified in 

(a) above to the Department by mail or by other means agreed to by 

the Department. 

CHAPTER 27A 

AIR ADMINISTRATIVE PROCEDURES AND PENALTIES 

SUBCHAPTER 3 . CIVII. ADMINISTRATIVE PENALTIES AND 

REQUESTS FOR ADJUDICATORY HEARINGS 

7 :27A-3 .2 Definitions 

The following words and terms, when used in this subchapter, have the 

following meanings unless the context clearly indicates otherwise . Unless 

otherwise specified below, all words and terms are as defined in N.J.S .A . 

26:2C-2 and in N.J .A .C . 7 :27, 

, ."Volatile organic compound" or "VOC" means [any compound of 

carbon (other than carbon monoxide, carbon dioxide, carbonic acid, 

metallic carbonates, metallic carbides, and ammonium carbonate) which 

(CITE 39 N.J .R . 4532) NEW JERSEY REGISTER, MONDAY, NOVEMBERS, 2007 
PROPOSALS 

participates in atmospheric photochemical reactions . For the purpose of 

determinin g compliance with emission limits or content standards, VOC 

shall be measured by test methods in the approved SIP (such as N.J .A.C . 

7 :27B-3) or 40 CFR Part 60, Appendix A, as applicable, or which have 

been approved in writing by the Department and are acceptable to EPA. 

This term excludes those compounds which EPA has excluded from its 

definition of VOC in the. list set forth at 40 CFR 51.100(s)(1), which is 

incorporated by reference herein, together with all amendments and 

supplements . As of April 9, 1998, the compounds and classes of 

perfluorocarbons excluded from EPA's definition of VOC at 40 CFR 

51 .100(s) are set forth below : 

methane 

ethane 

methylene chloride (dichloromethane) 

1,1,1-trichloroethane (methyl chloroform) 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) 

trichlorofluoromethane (CFC-11) 

dichlorodifluoromethane (CFC-12) 

chlorodifluoromethane (HCFC-22) 

trifluoromethane (HFC-23) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114) 

chloropentafluoroethane (CFC-115) 

2,2-dichloro-1,1,1-trifluororethane (HCFC-123) 

1,1,1,2-tetrafluoroethane (I-lFC 134a) 

1,1-dichloro-l-fluoroethane (ITC-141b) 

1-chloro-l,l-difluoroethane (HCFC-142b) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

pentafluoroethane (HFC-125) 

1,1,2,2-tetrafluoroethane (FTC-134) 

1,1,1-trifluoroethane (HFC-143a) 

1,1-difluoroethane (HFC-152a) 

parachlorobenzotrifluoride (PCBTF) 

cyclic, branched, or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-lOmee) 

difluoromethane (HF C-32) 

ethylfluoride (HFC-161) 

1,1,1,3,3,3-hexafluoropropane (IIFC-236fa) 

Manufacturer, Distributor, Seller 

CIVIL ADMINISTRATIVE PENALTY SCHEDULE 

1 .-23 . (No change.) 

24. Civil administrative penalties for each violation of N.J .A.C . 7 :27-24, Control of Air Pollution from Consumer Prbducts, are as set forth in the 

following table : 

Citation and Rule Summary Class 

N.J.A .C.7 :27-24 .4[(h)](i) Manufacturer 

Charcoal lighter product 

requirements 

N.J.A .C.7 :27-24 .4[(j)](k) Manufacturer 

IPE, ACP and variance requirements 

N.J .A .C . 7:27-24 .4[(1)](m) 

Toxic content in aerosol adhesive 

N.J.A.C . 7:27-24 .4(n) Manufacturer, Distributor, Seller 

Chlorinated air toxic in consumer 

products 

ENVIRONMENTAL PROTECTION 

1,1,2,2,3-pentafluoropropane (HFCr245ca) 

1,1,2,3,3-pentafluoropropane(HFC-245ea) 

1,1,1,2,3-pentafluoropropane(HFC-245eb) 

1,1,1,3,3-pentafluoropropane (FIFC-245fa) 

1,1,1,2,3,3-hexafluoropropane (FlF'C-236ea) 

1,1,1,3,3-pentafluorobutane WC-3 65mfc) 

chlorofluoromethane (HCFC-31) 

1-chloro-l-fluoroethane (HCFC-151a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C4F90CH3) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)ZCFCFZOCH3) 

1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C,FyOC2H5) 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)1CFCFzOCHS) 

methyl acetate 

perfluorocarbon compounds which fall into these classes : 

cyclic, branched, or linear, completely fluorinated allcanes 

cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations 

cyclic, branched, or linear, completely fluorinated tertiary amines with 

no unsaturations 

sulfur containing perfluorocarbons with no unsaturations and with 

sulfur bonds only to carbon and fluorine 

If there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40 CFR 51 .100(s)(1) shall control] a 

volatile organic compound as that term is defined by the EPA at 40 

CFR 51 .100(s), as supplemented or amended, which is incorporated 

by reference herein. 

7:27A-3 .10 Civil administrative penalties for violation of rules adopted 

pursuant to the Act 

(a)-(I) (No change .) 

(m) The violations of N.J .A .C. 7:27, whether the violation is minor or 

non-minor in accordance with (q) through (t) below, and the civil 

administrative penalty amounts for each violation are as set forth in the 

following Civil Administrative Penalty Schedule . The numbers of the 

following subsections correspond to the numbers of the corresponding 

subchapter in N.J .A .C. 7:27 . The rule summaries for the requirements set 

forth in the Civil Administrative Penalty Schedule in this subsection are 

provided for informational purposes only and have no legal effect. 

Fourth and 

Each 

Type of First Second Third Subsequent 

Violation Offense Offense Offense Offense 

Nb1 $500 $1,000 $2,500 $7,500 

M $500 $1,000 ~ $2,500 $7,500 

$500 $1,000 $2,500 $7,500 

NM $500 $1,000 $2,500 $7,500 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J .R. 4533) 
ENVIRONMENTAL PROTECTION PROPOSALS 

Fourth and 

Each 

Type of First Second Third Subsequent 

Citation and Rule Summary Class Violation Offense Offense Offense Offense 

N.J.A.C.7 :27-24.4(o) Seller NM $500 $1,000 $2,500 $7,500 

Sell through date for chlorinated 

air toxic in consumer products 

N.J.A.C.7:27-24 .4(p) Supplier NM $500 $1,000 S2,500 $7,500 

Sell through date for chlorinated ' 

air toxic in consumer products 

N.J.A.C.7:27-24 .4(s) Seller NM $500 $1,000 $2,500 $7,500 

Sell through date for 

paradichlorobenzene in consumer 

products 

N.J.A.C .7 :27-24.4(t) Supplier NM $500 $1,000 $2,500 $7,500 

Sell through date for 

paradichlorobenzene in consumer 

products 

[N.J .A .C .7 :27-24 .10(a) Manufacturer M $4,000 $8,000 $20,000 $50,000 

Record keeping for fuel containers 

N.J.A .C. 7:27-24.10(b) Manufacturer M $1,000 $2,000 $5,000 $15,000] 

IPE and variance documentation 

N.J.A .C .7 :27-24 .10[(c)](a) Manufacturer M $500 $1,000 $2,500 $7,500 

Date-codc registration 

N.J.A .C.7:27-24.10[(e)](c) Manufacturer M $500 $1,000 $2,500 $7,500 

Registration schedule . 

N.J.A .C .7:27-24 .10[(f)](d) Manufacturer M $500 $1,000 $2,500 $7,500 

Register code change 

[N.J .A .C .7 :27-24 .11(a) Manufacturer NM $2,000 $4,000 $10,000 $30,000] 

Testing of portable fuel containers 

25 . (No change .) 

26. [(Reserved)]Civil administrative penalties for each violation of N.J.A .C . 7:27-26, Control of Air Pollution from Adhesives Products, are as 

set forth in the following table: 

Fourth and 

Each 

Type of First Second Third Subsequent 

Citation and Rule Summary Class Violation Offense Offense Offense Offense 

N.J .A.C. 7:27-26 .3(a) 

VOC standards (Per unit-eight 

pounds or any part thereof) 

N.J.A.C.7:27-26 .3(a) Manufacturer NNI $300 $600 $1,500 $4,500 

Less than 25 percent over the 

standard 

N.J .A.C . 7:27-26 .3(a) Manufacturer $600 $1,200 $3,000 $9,000 

From 25 through 50 percent over 

the allowable standard 

N.J.A.C.7:27-26.3(a) Manufacturer NM S1,000 $2,000 $5,000 $15,000 

Greater than 50 percent over the 

allowable standard 

(CITE 39 N.J.R 4534) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 
PROPOSALS ENVIRONMENTAL PROTECTION 

N.J.A .C. 7:27-26 .3(b) 

VOC standards (Per unit-eight 

pounds or any part thereof) 

N.J.A.C. 7:27-26 .3(b) Distributor, Seller 

Less than 25 percent over the 

standard 

S300 S600 $1,500 S4,500 

N.J.A.C. 7:27-26.3(b) Distributor, Seller NM $600 $1,200 $3,000 $9,000 

From 25 through 50 percent over 

the allowable standard 

N.J.A.C. 7:27-26.3(b) Distributor, Seller NM $1,000 $2,000 $5,000 $15,000 

Greater than 50 percent over the 

allowable standard 

N.J .A .C . 7 :27-26 .3(c) 

VOC standards (Per unit-eight 

pounds or any part thereof) 

N.J .A .C .7 :27-26 .3(c) Applicator NM $300 $600 S1,500 $4,500 

Less than 25 percent over the 

standard 

N.J.A .C .7:27-26 .3(c) Applicator NM $600 $1,200 ' $3,000 $9,000 

From 25 through 50 percent over 

the allowable standard ' 

N.J.A.C. 7:27-26.3(c) Applicator 

Greater than 50 percent over the 

allowable standard 

N.J.A.G 7:27-26 .3(e) Applicator 

Preparation or cleanup solvent 

N.J.A .C . 7 :27-26 .3(g) 

Store or dispose of absorbent 

materials 

N.J.A .C . 7:27-26.3(h) 

Solicit non-complying product 

$1,000 

$1,000 

$500 

$1,000 

$2,000 

$2,000 

$1,000 

$2,000 

$5,000 

$5,000 

$2,500 

$5,000 

$15,000 

$15,000 

$7,500 

$15,000 

N.J.A .C .7 :27-26 .5(a) M $500 $1,000 $2,500 $7,500 

Maintain Records 

N.J.A .C .7 :27-26 .5(b) M $1,000 $2,000 $5,000 $15,000 

Recordkeeping 

N.J.A .C .7 :27-26.5(c) M $500 $1,000 . $2,500 S7,500 

Maintain Records 

N.J.A .C .7 :27-26 .5(d) M $500 $1,000 $2,500 $7,500 

Maintain Records 

N.J.A.C .7 :27-26.5(e) M $500 $1,000 $2,500 $7,500 

Maintain Records 

N.J.A .C .7 :27-26.7(a) Manufacturer M $2,000 $4,000 $10,000 $30,000 

Labeling Requirements 

N.J.A.C .7 :27-26.7(b) Manufacturer M $2,000 $4,000 $10,000 $30,000 

Date or date-code requirement, 

N.J.A.C .7 :27-26 .8(a) Manufacturer M $500 $1,000 $2,500 $7,500 

Product and Date-code 

registration 

27.-32 . (No change .) 

33 . (Reserved) 

34 . The violations of N.J.A .C . 7:27-34 TBAC Emissions Reporting, and the civil administrative penalty amounts for each violation, per 

source, are as set forth in the following table: 

NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007 (CITE 39 N.J.R 4535) 
ENVIRONMENTAL PROTECTION 

Citation 

N.J.A.C. 7:27-34,3(b) 

N.J.A.C. 7:27-34 .3(b)2 

N.J.A.C. 7 :27-34 .4(c) 

N.J.A.C. 7 :27-34 .5 

(n)-(t) (No change,) 

Rule Summary 

Submit Report 

Failure to Certify 

Emission Calculation 

Recordkeeping Requirements 

CHAPTER 27B 

SAMPLING AND ANALYTICAL PROCEDURES 

SUBCHAPTER 3 . AIR TEST METHOD 3: SAMPLING AND 

ANALY'I'ICAL PROCEDURES FOR THE 

DETERMINATION OF VOLATILE ORGANIC 

COMPOUNDS FROM SOURCE OPERATIONS 

7:27B-3 .1 Definitions 

The following words and terms, when used in this subchapter, have the 

following meanings, unless the context clearly indicates otherwise. 

. ' "Volatile organic compound" or ".VOC" means [any compound of carbon 

(other than carbon monoxide, carbon dioxide, carbonic acid, metallic 

carbonates, metallic carbides, and ammonium carbonate) which participates in 

atmospheric photochemical reactions. For the purpose of determining 

compliance with emission limits or content standards, VOC shall be measured 

by test methods in the approved SIP (such as NJA.C . 7 :27B-3) or 40 CFR 

Part 60, Appendix A, as applicable, or which have been approved in writing 

by the Department and are acceptable to EPA- This term excludes those 

compounds which EPA has excluded from its definition of VOC in the list set 

forth at 40 CFR 51 .100(s)(1), which is incorporated by reference herein, 

together with all amendments and supplements. As of April 9, 1998, the 

compounds and classes of perfluorocarbons excluded from EPA's definition 

of VOC at 40 CFR 51 .100(s) are set forth below: 

methane 

ethane 

methylene chloride (dichloromethane) 

1,1,1-trichloroethane (methyl chloroform) 

1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113) 

tuichlorofluoromethane (CFC-11) 

dichlorodifluoromethane (CFC-12) 

chlorodifluoromethane (HCFC-22) 

trifluoromethane (11F'C-23) 

1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114) 

chloropentafluoroethane (CFC-115) 

2,2-dichloro-1,1,1-trifluororethane (HCFC-123) 

1,1,1,2-tetrafluoroethane (SFC-134a) 

1,1-dichloro-l-fluoroethane (HCFC-141b) 

1-chloro-1,1-difluoroethane (HCFC-1426) 

2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124) 

pentafluoroethane WC-125) 

1,1,2,2-tetrafluoroethane (HFC-134) 

1,1,1-trifluoroethane (HFC-143a) 

1,1-difluoroethane (HFC-152a) 

parachlorobenzotrifluoride (PCBTF) ' 

cyclic, branched, or linear completely methylated siloxanes 

acetone 

perchloroethylene (tetrachloroethylene) 

3,3-dichloro-1,1,1,2,2-pentafluoropropane ('ICFC-225ca) 

1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225cb) 

1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee) 

difluoromethane (HFC-32) 

ethylfluoride (HFC-161) 

1,1,1,3,3,3-hexafluoropropane WC-236fa) 

1,1,2,2,3-pentafluoropropane (HFC-245ca) 

1,1,2,3,3-peatafluoropropane (I-iFC-245ea) 

1,1,1,2,3-pentafluoropropane (IdFC-245eb) 

Fourth and 

Each 

Type of First Second Third Subsequent 

Violation Offense Offense Offense Offense 

NM $2,000 $4,000 $10,000 $30,000 

M S2,000 S4,000 S10,000 $30,000 

M $500 $1,000 $2,500 $7,500 

M $500 $1,000 S2,500 $7,500 

1,1,1,3,3-pentafluoropropane (1FC-245fa) 

1,1,1,2,3,3-hexafluoropropane (HFC-236ea) 

1,1,1,3,3-pentafluorobutane (HFC-365mfc) 

chlorofluoromethane (IiCFC;.31) 

1-chloro-l-fluoroethane (HCFC-151a) 

1,2-dichloro-1,1,2-trifluoroethane (HCFC-123a) 

1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (CGF90C11;) 

2-(difluoromethoxymethyl)-1,1,1,2,3,3,3 heptafluoropropane ' 

((CF3)zCFCF20CH3) 

1-cthoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C4F90CzH5) 

2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane 

((CF3)hCF'CFZoCZH,) 

methyl acetate 

perfluorocarbon compounds which fall into these classes: 

cyclic, branched, or linear, completely fluorinated allcanes 

cyclic, branched, or linear, completely fluorinated ethers with no unsaturaCaons 

cyclic, branched, or linear, completely fluorinated tertiary amines with no 

unsaturations 

sulfur containing perfluorocarbons with no unsaturations and with sulfur 

bonds only to carbon and fluorine 

If there is any conflict between the list at 40 CFR 51 .100(s)(1) and the 

list set forth above, the list at 40 CFR 51 .100(s)(1) shall control] a 

volatile organic compound as that term is defined by the EPA at 40 

CFR 51 .100(s), as supplemented or amended, which is incorporated 

by reference herein. 

DIVISION OF MEDICA 

SERVICES 

Administration Manua 

Medicaid/NJ FamilyCa 

Health Care Provide 

Proposed New Rule: N. 10:49-3.6 

Proposed Amendments' 

Authorized By: Jennifer Velez, 

Human Services. 

Authority: N.J.S .A 30:4D-1 et s 

Calendar Reference : See Summ 

exception to rulemaking cal 

Agency Control Number: 07-P, 

Proposal Number: PRN 2007 

Submit comments by Jam; 

Barbara Pryor Wa 

Administrative P 

Division of M 

P.O . Box 712, 

Trenton, NJ 

Fax: (609) 5 

Email : ar 

.A.C. 10:49-7.3 and 9,8 

issioner, Department of 

and 30:4J-8 et seq . 

elow for explanation of 

gh 

ctice Officer 

cal Assistance an 

ail Code #31 ' 

625-0712 

PROPOSALS 

8-7672 

`a_ra.Waughfcr~hs .state .ni 

Delivery: 6 Quakerbridge Plaza 

Mercerville, NJ 08619 

(CITE 39 N.J .R 4536) NEW JERSEY REGISTER, MONDAY, NOVEMBER 5, 2007