UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION II AIR PROGRAMS BRANCH

Technical Support Document 

for 

EPA=s Notice of Proposed Rulemaking

for the

New Jersey State Implementation Plan Revision:

Approval and Promulgation of Implementation Plans;

New Jersey; 8-hour Ozone Control Measures

State Implementation Plan (SIP) Revision dated

April 9, 2009

May 2010
2

Table of Contents

▬ April 9, 2009 State Implementation Plan Revision ................................ p 3

▬ Subchapter 24, “Prevention of Air Pollution From Consumer Products” ....... p 4

▬ Subchapter 26, “Prevention of Air Pollution From Adhesives, Sealants, ....... p 11

Adhesive Primers and Sealant Primers,”

▬ Subchapter 34 “TBAC Emissions Reporting” ...................................... p 24

▬ What other rules are affected by the VOC definition change and ................p 26

EPA’s evaluation?
3

▬ April 9, 2009 State Implementation Plan Revision

On April 9, 2009, Mark N. Mauriello, Commissioner, New Jersey Department of Environmental 

Protection (NJDEP), submitted to EPA a revision to the New Jersey State Implementation Plan (SIP) 

that included:

- Subchapter 24 “Prevention of Air Pollution From Consumer Products,” 

- Subchapter 26, “Prevention of Air Pollution From Adhesives, Sealants, Adhesive 

Primers and Sealant Primers,”

- Subchapter 34 “TBAC Emissions Reporting,” and

- Amending the definition of VOC throughout Title 7, Chapter 27 of the New Jersey 

Administrative Codes (N.J.A.C.) and Chapter 27A, and Chapter 27B.

This SIP revision will provide statewide volatile organic compound (VOC) emission reductions that 

New Jersey used in the 1997 8-hour ozone SIP to address reasonable further progress goals and for 

attaining the 1997 8-hour ozone national ambient air quality standard. The industrial adhesives and 

sealants category was also a commitment in NJ’s RACT SIP.

The NJDEP published the proposed rulemaking in the New Jersey Register on November 5, 2007 (39 

N.J.R. 4492) and announced that a public hearing would be held, on December 10, 2007, in Trenton, 

New Jersey. NJDEP provided copies of the newspaper announcements and certification of 

publication. The public hearing was held on December 10, 2007 and fifteen individuals provided 

written and/or oral comments. The NJDEP prepared a summary of the comments and then evaluated 

the comments. NJDEP then prepared a response to the comments. The State adopted the revisions on 

October 30, 2008 and published the adoption in the New Jersey Register on December 1, 2008 (40 

N.J.R. 6769). These rules became operative of December 29, 2008. Also published in the New Jersey

Register was a summary of the comments received, the State response to the comments and any

changes to the proposed rule resulting from the comments.
4

▬ Subchapter 24 “Prevention of Air Pollution From Consumer Products” 

The Department’s new and amended rules for chemically formulated consumer products rules are 

based upon the Ozone Transport Commission’s 2007 model rule that were in turn based on the 2005 

California Air Resources Board (CARB) rules.

Changes to Subchapter 24 - Chemically Formulated Consumer Products

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 has promulgated a more 

restrictive VOC limit; Table 3 identifies those categories in the existing rules that have additional air 

toxics requirements; and Table 4 identifies new categories of chemically formulated consumer 

products, that have air toxics requirements.

Table 1 - New Categories with Volatile Organic Compounds (VOC) Limits

Adhesive Remover (4 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

* 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. 

Table 2 - Previously Regulated Category with More Restrictive

Volatile Organic Compounds (VOC) Limit

Contact Adhesive**

** This product category has been separated into 2 subcategories: General Purpose and Special 

Purpose

Table 3 - Previously Regulated Categories with Additional Air Toxics Requirements

Air Freshener, Solid General Purpose Degreaser

Table 4 - New Categories with Air Toxics Requirements

Contact Adhesive

Electronic Cleaner
5

Footwear or Leather Care Product

General Purpose Degreaser

Toilet/Urinal Care Product

Adhesive Remover

Electrical Cleaner

Graffiti Remover

Automotive Consumer Product

The rules provide for unlimited sell-through for some products (consistent with the Department’s 

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

chloride, perchloroethylene and trichloroethylene. 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 time they were manufactured, and if they

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

Table 5 contains the product categories that are regulated, the form of the product, VOC content limits

“Maximum Allowable VOC Content” by date the limit became effective that are regulated by 

Subchapter 24. Subchapter 24 includes specific exemptions, as well as registration and product 

labeling requirements (7:27-24.5), recordkeeping and reporting requirements (7:27-24.6), and test 

methods and procedures (7:27-24.7). Consumer products that are sold in New Jersey for shipment and 

use outside of the State of New Jersey are exempt from the VOC content limits.
6

TABLE 5

VOC CONTENT LIMITS FOR CHEMICALLY FORMULATED CONSUMER PRODUCTS

Chemically Formulated 

Consumer Product Category Form

Maximum Allowable VOC Content

(percent by weight,1unless otherwise 

indicated)2

State 

Standard 

Operative 

Date 

4/30/96-

12/31/043

State 

Standard 

Operative 

Date 

1/1/2005

State 

Standard 

Operative 

Date 

1/1/2009

Adhesive Removers Floor or wall covering 5

Gasket or thread locking 50

General purpose 20

Specialty 70

Adhesives Aerosol: 75

 Mist spray 65

 Web spray 55

Special purpose spray adhesives:

Mounting, automotive engine 

compartment, and flexible vinyl 70

Polystyrene foam and automotive 

headliner 65

Polylolefin and laminate 

repair/edgebanding 60

Contact: 80 80 N/A5

 Contact general purpose 55

 Contact special purpose 80

Construction, panel, and floor 

covering 40 15

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/semisolids 3 3

Antiperspirants

Aerosols 60 HVOC 40 HVOC

10 MVOC

Non-aerosols 0 HVOC 0 HVOC0 

MVOC

Anti-static products, nonaerosol 11

Automotive brake cleaners 45

Automotive rubbing or 

polishing compounds 17

Automotive waxes, polishes, 

sealants or glazes

Hard paste waxes 45

Instant detailers 3

All other forms 15

Automotive windshield washer 

fluids 35
7

Bathroom and tile cleaners Aerosols 7 7

All other forms 5 5

Bug and Tar Removers 40

Carburetor or fuel-injection air 

intake cleaners

Aerosols 75 45

Non-aerosols 75 45

Carpet and upholstery cleaners Aerosols 7

Non-aerosols (dilutables) 0.1

Non-aerosols (ready-to-use) 3

Charcoal lighter material 0.02 

lb/start4

Cooking sprays Aerosols 18 18

Deodorants

Aerosols 20 HVOC 0 HVOC

10 MVOC

Non-aerosols 0 HVOC 0 HVOC

0 MVOC

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 

products

Aerosol 75

Solid 55

Other forms 15

Furniture maintenance 

products

Aerosols 25 17

All other forms except solid or 

paste 7

General purpose cleaners Aerosols 10 10

Non-aerosols 10 4

General purpose degreasers Aerosols 50

Non-aerosols 4

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
8

Hair styling products Aerosol and pump sprays 6

All other forms 2

Heavy-duty hand cleaner or 

soaps 8

Insecticides Crawling bug: 40

 Aerosols 15

 All other forms 20

Flea and tick 25 25

Flying bug: 35

 Aerosols 25

 All other forms 35

Foggers 45 45

Lawn and garden: 20

 Non-aerosols 3

 All other forms 20

Wasp and hornet 40

Laundry prewash Aerosol/solids 22 22

All other forms 5 5

Laundry starch products 5 5

Metal polishes/cleansers 30

Multi-purpose lubricants 

(excluding solid or semi-solid 

products)

50

Nail polish removers 85 75

Non-selective terrestrial 

herbicide Non-aerosols 3

Oven cleaners Aerosols/pump sprays 8 8

Liquids 5 5

Paint removers or strippers 50

Penetrants 50

Rubber and vinyl protectants Aerosols 10

Non-aerosols 3

Sealants and caulking 

compounds 4

Shaving creams 5 5

Shaving gels 7

Silicone-based multi-purpose 

lubricants (excluding solid or 

semi-solid products)

60

Spot removers Aerosols 25

Non-aerosols 8

Tire sealants and inflators 20

Toilet/urinal care products Aerosol 10

Non-aerosol 3

Undercoatings Aerosols 40

Wood cleaners Aerosol 17

Non-aerosol 4

Footnotes to Table:

1 Weight is the product’s total weight, exclusive of the packaging.
9

2 The Federal VOC limits, which became operative December 10, 1998, are promulgated at 40 CFR 59, Subpart 

C, Table 1.

3 As of January 1, 2005, the State limits operative as of April 30, 1996 are no longer applicable.

4 See N.J.A.C. 7:27-24.4(i) for additional State requirements pertaining to charcoal lighter material.

5

 On and after January 1, 2009, the contact adhesive category shall not be applicable and is replaced with two 

new categories, Contact general purpose and Contact special purpose.

EPA’s Evaluation

Subchapter 24 contains definitions, applicability and exemptions, emission limits, compliance dates, 

reporting and recordkeeping requirements, and test methods for compliance determination. When 

Subchapter 24’s VOC content limits are compared to EPA’s Subpart C - “National Volatile Organic 

Compound Emission Standards for Consumer Products” ( 40 CFR Part 59), New Jersey’s limits are 

either more stringent or the same.

Subchapter 24 includes provisions for accepting innovative products exemptions (IPEs), alternative 

compliance plans (ACPs), and variances that have been approved by the California Air Resources 

Board (CARB) or other states with adopted consumer product regulations based on the Ozone 

Transport Commission (OTC) “Model Rule for Consumer Products.” Although the regulation 

contains references to provisions that allow ACP, recent discussion with CARB indicates there are no 

current users of the ACP.

EPA’s last approval of Subchapter 24 occurred on January 25, 2006 (71 FR 4045). EPA had 

previously approved Subchapter 24 that included provisions for accepting IPEs, ACPs, and variances 

that have been approved by the California Air Resources Board (CARB) or other states with adopted 

consumer product regulations based on the Ozone Transport Commission (OTC) “Model Rule for 

Consumer Products.” These provisions were fully discussed in previous rulemakings. As part of a 

previous SIP revision, New Jersey committed to forwarding all innovative product exemptions, 

alternative compliance plans and variances that the State accepts to EPA, Region 2, in order for EPA to 

be able to determine what the compliance requirements are for all sources regulated by the New Jersey

SIP. There have been no changes to these provisions in the current rulemaking and EPA’s previous 

findings still stand.

The submitted Consumer Products regulation fulfills the relevant CAA Section 110 and Part D

requirements. EPA staff recommends approval of the submitted Subchapter 24 Chemically

Formulated Consumer Products provisions consistent with CAA Section 110(k)(3). 

Changes to Subchapter 24 - Portable fuel containers

The Department’s consumer products rule at N.J.A.C. 7:27-24 also addresses 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 
10

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.

The Ozone Transport Commission amended its 2001 model rule based on CARB’s 2006

amendments. The Department bases its amendments to its portable fuel container rule 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

http://www.otcair.org.

The Department’s 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 CARB 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. In this way the rule would accommodate the manufacturers of these kerosene 

containers who were not previously regulated by the Department’s portable fuel container 

requirements.

Subchapter 24 includes the following provisions applicable to portable fuel containers and spill proof 

spouts: labeling (7:27-24.9), recordkeeping and reporting (7:27-24.10), and testing (7:27-24.11).

EPA’s Evaluation

Subchapter 24 contains definitions, applicability and exemptions, emission limits, compliance dates, 

reporting and recordkeeping requirements, and test methods for compliance determination. 

Subchapter 24 contains similar provisions for accepting innovative products exemptions (IPEs), 

alternative compliance plans (ACPs), and variances that apply to portable fuel containers and spill 

proof spouts and EPA’s previous findings apply for these products as well.

The submitted Consumer Products regulation fulfills the relevant CAA Section 110 and Part D

requirements. EPA staff recommends approval of the submitted Subchapter 24 Portable fuel 

containers and spill proof spouts provisions consistent with CAA Section 110(k)(3). 
11

▬ Subchapter 26 - “Prevention of Air Pollution From Adhesives, Sealants, 

Adhesive Primers and Sealant Primers”

OTC Model Rule For Adhesives and Sealants and New Jersey’s Subchapter 

26 Provisions Compared to the Control Techniques Guidelines for 

Miscellaneous Industrial Adhesives, September 2008

OTC Model Rule

The Ozone Transport Commission (OTC) developed a model rule as part of a regional effort to 

attain and maintain the eight-hour ozone standard and reduce eight-hour ozone levels. States opting to 

promulgate rules based on this model rule will utilize State-specific administrative requirements and 

procedures. New Jersey’s adopted “Subchapter 26 Prevention of Air Pollution From Adhesives, 

Sealants, Adhesive Primers And Sealant Primers is based on the OTC model rule.”

A reasonably available control technology determination prepared by the California Air 

Resources Board (CARB) in 1998 forms the basis of the OTC model rule. In the years 1998-2001, the 

provisions of the CARB determination were adopted in regulatory form in various air pollution control 

districts in California including the Bay Area, Ventura County, Sacramento Metropolitan and San 

Joaquin Valley.

The provisions of this model rule limit emissions of volatile organic compounds (VOCs) from

adhesives, sealants, adhesive primers and sealant primers. The model rule achieves VOC reductions 

through two basic components: sale and manufacture restrictions that limit the VOC content of 

specified adhesives, sealants, adhesive primers and sealant primers sold in the state; and use 

restrictions that apply primarily to commercial/industrial applications. By reducing the availability of 

higher VOC content adhesives and sealants within the state, the sales prohibition is also intended to 

address adhesive and sealant usage at area sources. Emissions from residential use of regulated 

products are addressed through the sales restrictions and simple use provisions. 

The associated emissions reductions will be used as part of the State’s plan to attain and

maintain the 8-hour national ambient air quality standard.

Control Techniques Guideline

EPA addressed a portion of this category, adhesives and adhesive primers, in a Control 

Techniques Guideline (CTG) document - “Control Techniques Guidelines for Miscellaneous Industrial 

Adhesive, EPA-453/R-08-005” in September 2008. See Docket number EPA-HQ-OAR-2008-0460

(the “CTG” hereafter).

“This CTG is intended to provide State and local air pollution control authorities information 

that should assist them in determining RACT for VOCs from miscellaneous industrial adhesive 

application processes. In developing this CTG, EPA, among other things, evaluated the sources 

of VOC emissions from miscellaneous industrial adhesives application processes and the 

available control approaches for addressing these emissions, including the costs of such 

approaches. Based on available information and data, EPA provides recommendations for 
12

RACT for miscellaneous industrial adhesives. States can use the recommendations in this CTG 

to inform their own determination as to what constitutes RACT for VOCs for miscellaneous 

industrial adhesive application processes in their particular nonattainment areas. The 

information contained in this document is provided only as guidance. This guidance does not 

change, or substitute for, requirements specified in applicable sections of the CAA or EPA’s 

regulations; nor is it a regulation itself. This document does not impose any legally binding 

requirements on any entity. It provides only recommendations for State and local air pollution 

control agencies to consider in determining RACT. State and local pollution control agencies 

are free to implement other technically-sound approaches that are consistent with the CAA and 

EPA’s implementing regulations” (CTG page 1). 

“When State and local pollution control agencies develop RACT rules, they may elect to adopt 

control approaches that differ from those described in this document and/or promulgate 

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

EPA issued the CTG pursuant to the authority and to meet a requirement set by section 183(e) of the 

CAA. Section 183(e) directed the EPA to list for regulation those categories of products that account 

for at least 80 percent of the VOC emissions from consumer and commercial products in ozone 

nonattainment areas, and to schedule those categories for regulation in four groups. Section 

183(e)(3)(C) further provides that we may issue a CTG in lieu of a national regulation for a product 

category where we determine that the CTG will be ‘‘substantially as effective as regulations’’ in 

reducing emissions of VOC in ozone nonattainment areas. See for example, 64 FR 13422, March 18, 

1999. EPA has revised the list several times. See 70 FR 69759, November 17, 2005; 64 FR 13422, 

March 18, 1999; and most recently, 71 FR 28320, May 16, 2006.

Under section 183(e), a regulation for consumer or commercial products is limited to measures 

applicable to manufacturers, processors, distributors, or importers of the solvents, materials, or 

products supplied to the consumer or industry. Section 183(e) does not authorize EPA to issue 

national regulations that would directly regulate end-users of these products. By contrast, CTG are 

guidance documents that recommend reasonably available control technology (RACT) measures that 

States can adopt and apply to the end-users of products. See 73 FR 58481 at 58483, October 7, 2008. 

However, section 183(e) does not impose the same restrictions upon States upon regulation of endusers and manufacturers, processors, distributors, or importers. Therefore, a State can regulate 

manufacturers, processors, distributors, or importers and end-users of a product category for which 

EPA has issued a CTG. 

I. APPLICABILITY

1. The scope of the CTG is focused on industrial adhesive application processes at facilities, i.e., 

stationary sources. The limits and requirements apply to facilities where the total actual VOC 

emissions from all miscellaneous industrial adhesive application processes, including related cleaning 

activities, at that facility are equal to or exceed 6.8 kg/day (15 lb/day), or an equivalent level such as 3 

tons per 12-month rolling period, before consideration of controls. 

The OTC model rule is broader than the CTG and applies to processes below the 6.8 kg/day

recommendation. It also applies outside of stationary source facilities when the adhesives are applied 

in the field.
13

2. The OTC model rule is also applicable to any person who: sells, supplies for sale, offers for sale or 

manufactures for sale any adhesive, sealant, adhesive primer or sealant primer. The CTG is not 

applicable to these people. 

II. DEFINITIONS

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

model rule contains additional definitions to address sealants and sealant primers and additional types 

of products. There are minor differences with some terms because the CTG focuses on the processes 

at a facility while the OTC model rule also incorporates prohibitions on selling, offering for sale and 

using products that can occur outside of a facility. There are some instances where the CTG and the 

OTC model rule use different terms for the same process/product, but these are substantively the same.

Specific examples:

There appears to be an inconsistency in the CTG with the category of tire repair/ tire retread. Tire 

repair generally would not occur at a manufacturing facility, but at smaller operations in the field. The 

Draft CTG used a term “Tire retreading” which would be a process that occurs at a manufacturing 

facility. The OTC model rule and Subchapter 26 regulate “tire retread” and defines the category in 

terms of manufacture and not the repair of a puncture. Subchapter 26 definition is consistent with 

SCAQMD rule 1168’s definition of “tire tread adhesive.” The CTG was developed based upon 

SCAQMD rule 1168 and similar rules. Therefore, with regards to “tire retread” and “tire repair” 

processes, the OTC model rule and Subchapter 26 are consistent those rules upon which the CTG 

founded its recommendations.

The CTG does not distinguish between cleaning materials used for surface preparation and those used 

for cleaning application equipment, but the OTC model rule does make this distinction. 

The recommendations for roof membranes in the CTG do not extend to field applied materials, 

because: (1) field-applied adhesives are not part of the miscellaneous industrial adhesives category and 

are therefore not covered by this CTG, and (2) nonmembrane roof installation/repair adhesive and 

EPDM described in the comments received on the draft CTG are field applied products and are 

therefore not included in the miscellaneous industrial adhesives category. To the extent the 

recommendations in the OTC model rule sets limits for EPDM single-ply roof membranes it makes a 

recommendation beyond those in the CTG.

It appears that the inclusion of “Motor vehicle glass bonding primer” in the CTG covers a slightly

broader class of adhesives primers than “Automotive glass adhesive primer.”

The OTC model rule includes wood in the definition of “porous material” while the CTG does not and 

has a separate limit for wood. The CTG’s recommended definition was made in the absence of limits 

for sealants and sealant primers and specifically excludes wood from being considered a porous 

material. 
14

III. REQUIREMENTS

1. The OTC model rule applies to any person who sells, supplies or offers for sale any adhesive, 

sealant, adhesive primer or sealant primer manufactured on or after January 1, 2009, or manufacture 

for sale any adhesive, sealant, adhesive primer or sealant primer in excess of the applicable VOC 

content limits specified in Table 1. The CTG does not apply to people who sell or manufacture these 

coatings.

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

sealant, adhesive primer or sealant primer that has an applicable VOC content limit specified in Table 

1 that is not otherwise exempted. The CTG only recommends application of the limits and 

requirements to facilities where the total actual VOC emissions from all miscellaneous industrial 

adhesive application processes, including related cleaning activities, at that facility are equal to or

exceed 6.8 kg/day (15 lb/day), or an equivalent level such as 3 tons per 12-month rolling period, before

consideration of controls. The OTC model Rule covers “field applied adhesives” which the CTG does 

not cover.

3. Both the CTG and the OTC model rule have a table of content limits for the regulated products. 

See the comparison of table limits and discussion below.

4. The CTG did not propose recommendations for VOC content or VOC composite vapor pressure 

limits for cleaning materials. The OTC model rule and Subchapter 26 contained the following limits 

for cleaning materials:

(A) limits the VOC content of the surface preparation solvent to less than 70 grams per liter;

(B) limits the VOC content of surface preparation solvent used in applying single-ply roofing 

to a composite vapor pressure, excluding water and exempt compounds, to not exceeding 45 mm Hg at 

20 degrees Celsius;

(C) limits materials containing VOCs used to remove adhesives, sealants, or adhesive or 

sealant primers from surfaces unless the composite vapor pressure of the solvent used is less than than 

45 mm Hg at 20 degrees Celsius;

(D) requires spray application equipment be cleaned in enclosed cleaning systems using 

cleaning solvents with less than or equal to 70 grams of VOC per liter of material, or by soaking parts 

in closed systems using and a solvent if the composite vapor pressure of the solvent, excluding water 

and exempt compounds, is less than or equal to 9.5 mm Hg at 20 degrees Celsius.

(5) Both the CTG and OTC model rule provide for the use of add-on air pollution control equipment 

instead of meeting the solvent content limits. Both require that controls reduce VOC emissions by an 

overall capture and control efficiency of at least 85%, by weight. The OTC model rule includes 

additional provisions to insure that the control equipment is operated properly.

(6) Both the CTG and OTC model rule require work practices to minimize emissions from cleaning 

operations. The CTG recommendations are more detailed while the OTC model rule is more general.

(7) The OTC model rule prohibitions the specification of non-complying adhesives, sealants, adhesive 

primers, sealant primers, surface preparation or clean-up solvents. 

(8) The CTG also recommends that adhesive/adhesive primers be applied using application methods 

with good transfer efficiency in conjunction with the use of low-VOC content adhesives. Specifically, 

the CTG recommends the following application methods: electrostatic spray, HVLP spray, flow coat, 
15

roll coat or hand application including non-spray application methods similar to hand or mechanically

powered caulking gun, brush, or direct hand application), roll coat, dip coat (including 

electrodeposition), airless spray, air-assisted airless spray, or other coating application method capable 

of achieving good transfer efficiency. (Final CTG, Section VI.B., page 19.) The CTG recommends 

application methods with good transfer efficiencies for stationary facilities and does not make 

recommendations for field applied adhesives and sealants. The OTC model rule does not address 

application methods.

IV. EXEMPTIONS AND EXCEPTIONS

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

(A) Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any 

research and development, quality assurance or analytical laboratory; 

(B) Cyanoacrylate adhesives;

(C) Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the 

manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of 

one pound or less, except plastic cement welding adhesives and contact adhesives;

(D) Processes using polyester bonding putties to assemble fiberglass parts at fiberglass boat 

manufacturing facilities and at other reinforced plastic composite manufacturing facilities;

(E) In the assembly, repair and manufacture of aerospace or undersea-based weapon systems;

(F) Solvent welding operations used in the manufacture of medical devices.

(2) OTC model rule exemptions not in CTG:

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

consumer product regulation. State consumer product regulations generally regulate the same 

categories as the Federal Regulation (of 40 CFR Part 59). Under section 183(e) the consumer products 

regulated by 40 CFR Part 59 can not be the same adhesive products and adhesive primers as those 

covered by the CTG, and, therefore this provision of the OTC model rule merely clarifies that here is 

no double regulation1;

(B) Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or 

sealant, less water and less exempt compounds, as applied. This limit is less than any limit 

recommended by the CTG.

(C) Contact adhesives that are sold or supplied by the manufacturer or supplier in containers 

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

but with additional conditions.

(D) Tire repair operations, provided the label of the adhesive states "For tire repair only;" 

(E) Plaque laminating operations in which adhesives are used to bond clear, polyester 

acetate laminate to wood with lamination equipment installed prior to July 1, 1992. Any person 

claiming exemption pursuant to this subparagraph shall record and maintain monthly operational 

records sufficient to demonstrate compliance with this exemption and in accordance with section (V) 

of this rule.

In addition, the CTG recommends that these sources be subject to the work practices recommendation. 

 

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

28320).
16

(3) The OTC model rule exempts total VOC emissions from all adhesives, sealants, adhesive primers 

and sealant primers used at a facility that are less than 200 pounds per calendar year, or an equivalent 

volume. Any person claiming exemption pursuant to this subparagraph shall record and maintain 

monthly operational records sufficient to demonstrate compliance. 

(4) The OTC model rule exempts adhesives, sealants, adhesive primers, sealant primers, cleanup 

solvents and surface preparation solvents provided the total volume of noncomplying adhesives, 

sealants, primers, cleanup and surface preparation solvents applied facility-wide does not exceed 55 

gallons per calendar year. Any person claiming exemption pursuant to this subparagraph shall record 

and maintain monthly operational records sufficient to demonstrate compliance. This is equivalent to 

400 pound per year, while the CTG applicability starts at 6.8 kg/day (15 lb/day) or an equivalent level 

such as 3 tons (6000 pound) per 12-month rolling period.

(5) The OTC model rule exempts adhesive, sealant, adhesive primer or sealant primer intended for 

shipment and use outside of OTC States or in Subchapter 26, New Jersey.

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

controlled by add-on air pollution control equipment. 

V. ADMINISTRATIVE REQUIREMENTS

The OTC model rule contains detailed record keeping requirements for demonstrating compliance with 

the VOC content limits and recording the key operating parameters for the control equipment that must 

be maintained for five years. 

Any state rule for a CTG must contain monitoring and recordkeeping requirements. 

VI. COMPLIANCE PROCEDURES AND TEST METHODS

Both the CTG and OTC model rule contain the same primary test methods and compliance procedures. 

The OTC model rule contains additional references to other relevant standard test methods for both 

solvent analysis and for determining compliance of add-on control equipment.

 

Any state rule for a CTG must contain test methods for determining compliance. 

VII. CONTAINER LABELING

The OTC model rule requires labeling of product container with the maximum or actual VOC content 

of the product along with information concerning thinning of the product.
17

VIII. Emission Limit Table

The table below provides an analysis of the CTG recommended VOC emission limits for general and 

specialty adhesive application processes compared to the OTC model rule VOC content limits for 

adhesives, sealants, adhesive primers sealant primers and adhesives applied to particular substrates. 

Where there is no comparable limit the column is left blank. In the CTG recommendation column, 

categories with brackets { } around them indicates there is a difference in a definition or provision 

which differs from the OTC model rule. Below the table are series of “Notes” which discuss some of 

the differences between the OTC model rule and the CTG and refer back to some of the California 

adopted rules (CARB model rule) for which the OTC model rule was based on. 

Both the CTG and the OTC model rule were based on the California rulemaking efforts for this 

category and the CTG also bases it’s recommended emission limits on the OTC model rule (see page 

16, last paragraph). The CTG also states “we consider the limits in the OTC model rule to be 

representative of what sources in nonattainment areas nationwide can achieve technically and 

economically and have therefore adopted these VOC limits as our recommendations in the CTG.” 
18

OTC Model Rule CTG Recommendation

Category VOC content limit

(grams VOC per 

liter*)

Category Recommended VOC 

Emission Limit1

(g/l)

Adhesives Specialty Adhesive 

Application Processes

ABS welding 400 {Plastic Solvent Welding 

(ABS)}

400

Ceramic tile installation 130 Ceramic Tile Installation 130

Computer diskette jacket 

manufacturing

850

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

Cove base installation 150 Cove Base Installation 150

CPVC welding 490 {Plastic Solvent Welding 

(Except ABS)}

{500}

Indoor floor covering installation 150 Floor Covering Installation 

(Indoor)

150

Metal to urethane/rubber 

molding or casting

850 Metal to Urethane/Rubber 

Molding or Casting

850

Motor Vehicle Adhesive

[Note I]

250

Motor Vehicle Weatherstrip 

Adhesive [Note I]

750

Multipurpose construction 200 Multipurpose Construction 200

Nonmembrane roof 

installation/repair

300

Other plastic cement welding 510 {Plastic Solvent Welding 

(Except ABS)}

500

Outdoor floor covering 

installation

250 Floor Covering Installation 

(Outdoor)

250

PVC welding 510 {Plastic Solvent Welding 

(Except ABS)}

500

Single-ply roof membrane 

installation/repair [Note J:]

250 Single-Ply Roof Membrane 

Installation/Repair (Except 

EPDM)

250

Structural glazing 100 Structural Glazing 100

Thin metal laminating 780 Thin Metal Laminating 780

Tire Repair [Note A] 100

Tire retread [Note A] 100

Perimeter bonded sheet vinyl 

flooring installation

660 {Floor Covering Installation 

(Perimeter Bonded Sheet 

Vinyl)} [Note C]

660
19

OTC Model Rule CTG Recommendation

Waterproof resorcinol glue 170 Waterproof Resorcinol Glue 170

Sheet-applied rubber installation 850 {Sheet Rubber Lining 

Installation} [Note C]

850

Sealants

Architectural 250

Marine deck 760

Nonmembrane roof 

installation/repair

300

Roadway 250

Single-ply roof membrane 450

Other 420

Adhesive Primers Adhesive Primer 

Application Processes

Automotive glass [Note H] 700

Motor Vehicle Glass 

Bonding Primer [Notes B 

and H]

900

Plastic cement welding 650 {Plastic Solvent Welding 

Adhesive Primer} [Note C]

650

Single-ply roof membrane 250 Single-Ply Roof Membrane 

Adhesive Primer [Note B]

250

Traffic marking tape 150

Other [Note H] 250 Other Adhesive Primer 

[Note B]

250

Sealant Primers

Non-porous architectural 250

Porous architectural 775

Marine deck 760

Other 750

Adhesives Applied to the 

Listed Substrate

 [Notes E and I] General Adhesive 

Application Processes 2

[Note E]

Flexible vinyl [Note I] 250 Flexible vinyl 250

Fiberglass [Notes I & F] 200 

Reinforced plastic 

composite [Note F]

[Note F] 200
20

OTC Model Rule CTG Recommendation

Metal [Note I] 30 Metal 30

Porous material (Including 

wood)

[Note I] 120 Porous Material (Excluding 

Wood)

120

Rubber [Note I] 250 Rubber 250

Other substrates [Note I] 250 Other Substrates 250

Wood 30

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

compounds as specified in Section VI of this rule.

1 Emission limits are mass of VOC per volume of adhesive or adhesive primer, excluding water 

and exempt compounds.

2 If an adhesive is used to bond dissimilar substrates together, then the applicable substrate 

category with the highest VOC emission limit is recommended as the limit for such application. 

The analogous provision in the OTC Model Rule is found in Section III.(3) of that rule.

Notes: 

A. The CTG is inconsistent with the State rules cited in Appendix D in that none of these 

rules set a limit for “tire repair” adhesives (as that term is defined in each of these rules) 

but rather set a limit for “tire retread(ing) adhesives” which is the same as the 100 g 

VOC/liter limit in this model rule (which is as expected since this rule is based upon one 

or more of the California rules). 

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

rule this is to be understood from the sub-heading. 

C. The CTG and OTC Model Rule use slightly different terms to cover the same 

processes or products. 

The CTG uses the term “Floor Covering Installation (Perimeter Bonded Sheet Vinyl)” to 

cover what the OTC Model Rule covers as “Perimeter Bonded Sheet Vinyl.” 

The term “Sheet-applied rubber installation” in the OTC Model Rule means the same 

thing as “Sheet Rubber Lining Installation” in the CTG.

“Contact bond” adhesive and ““Contact adhesive” would appear to be the same thing. 

Both the OTC Model Rule and the CTG definitions for “Contact bond adhesive” are the 

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

The OTC Model Rule uses “Plastic Cement Welding Adhesive Primer” where the CTG 

uses “Plastic Solvent Welding Adhesive Primer” for the same product/process.

D. The inclusion of the category “plastic adhesive primer” in the Draft CTG was an 

error. This category has been removed from the final CTG.
21

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

the CTG uses the term “General Adhesive Application Processes.” 

F. The CTG covers more materials with the broader definition of “Reinforced plastic 

composite” than the OTC model rule if the latter considers “fiberglass” to means fine 

glass fibers in a plastic resin. But the OTC rule defines “fiberglass” as a material 

consisting of extremely fine glass fibers; thus, a “fiberglass substrate adhesive” could be 

interpreted as meaning an adhesives used to bond glass fibers together or to another listed 

substrate. The OTC definition is consistent with several California AQMD rules such as 

SCAQMD Rule 1168, Sacramento Metropolitan AQMD Rule 460; other California 

AQMDs do not define “fiberglass” – e.g., San Diego County AQMD rule 67.21; 

however, Ventura County AQMD Rule 74-20 defines fiberglass as “...any fiber 

reinforced plastic (FRP) surface that has fiber material set in a binding substance of 

plastic resins” which appears to be the functional equivalent of the final CTG’s definition 

of “Reinforced plastic composite.”

H. To the extent the OTC Model Rule limit for “Automotive glass adhesive primers” and 

the recommendation in the final CTG for “Motor Vehicle Glass Bonding Primer” both 

cover the same material or process the recommendation in the OTC model rule is more 

stringent. To the extent that the definition of recommendation in the final CTG for 

“Motor Vehicle Glass Bonding Primer” covers more processes or operations the 

recommendation in the final CTG would be more stringent except the OTC model rule 

may cover any additional products under the other primer category. The 

recommendation in the OTC model rule for applying an “Automotive glass adhesive 

primer” to automotive glass is clearly more stringent. However, recommendation in the 

CTG for “Motor Vehicle Glass Bonding Primer” would cover primers applied to “body 

openings” prior to the application of glass bonding adhesives or the installation of 

adhesive bonded glass. Body openings may include substrates such as bare metal or 

plastic as well as the glass itself. To the extent the limit for “other adhesive primers” 

covers “Motor Vehicle Glass Bonding Primers” other than those when applied to 

automotive glass, the recommendation in the OTC model rule would seem to be more 

stringent.

I. Whether the recommendation in the OTC model rule is equal to, less stringent or more 

stringent than the recommendations in the CTG for these categories depends upon 

whether the OTC model rule covers these applications under the “Adhesives Applied to 

the Listed Substrate” and which limit applies. The applicable limit depends upon what 

substrates are involved. The OTC model rule allows compliance to the higher of two 

applicable substrate limits when bonding dissimilar substrates. In no case is an OTC 

limit for any “listed substrate” greater than that recommended in the CTG for “Motor 

Vehicle Adhesives” and “Motor Vehicle Weatherstrip Adhesives;”

As such, the OTC model rule would seem to be more stringent. 

J. The OTC Model rule applies a limit to EPDM roof membranes. The CTG excluded 

EPDM membranes from the VOC recommendation for “Single-Ply Roof Membrane 

Installation/Repair” specialty adhesives based upon comment that such limits could not 
22

be met for field applied EPDM. Some OTC States have limited the CTG 

recommendation for May 1 to September 30 for two years and then set the limit yearround after that.

IX. Conclusions

The OTC Model rule and specifically, New Jersey’s Subchapter 26, for adhesives and 

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

address the emissions of VOC from adhesives. The CTG was developed with a 

restriction that it only applies to larger sources with manufacturing operations that use 

these types of products. Whereas, the OTC model rule includes these sources as well as 

smaller operations, operations performed in the field and also regulation of the 

manufacture, distribution and sale of the products themselves. The OTC model rule also 

regulates sealants and sealant primers which are not included in the CTG because they

were not categorized with miscellaneous industrial adhesives under section 183(e).

The CTG and the OTC model rule exemption categories are very similar though some 

differences exist, but the CTG recommends that exempted operations be subject to work 

practices. The OTC model rule does not include work practices. The work practices

benefit can not be quantified and in these instances, generally apply to lower usage 

source categories so very few emission reductions are missed by not including these 

requirements. The OTC model rule contains an exemption provision which is in fact a de 

facto applicability level that equates to 400 pounds per year of VOC emissions which is 

less than the CTG’s yearly limit of 3 tons per year. The model rule’s 400 pounds per 

year exclusion includes emissions from sealants and sealant primers and not just 

adhesives and their primers and therefore sets a lower numerical limit and includes more 

emissions subject to the applicability threshold. 

The CTG recommended work practices for cleaning materials included more activities 

than the OTC model rule. However, some of the OTC clean-up provisions are more 

stringent, i.e. limiting clean-up solvent vapor pressure and VOC content, and cleaning of 

spray application equipment; overall, the OTC requirements in terms of emission 

reductions are at least equivalent to or result in more emission reductions than the CTG.

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

the use of low-VOC content adhesives & adhesive primers to improve transfer efficiency. 

The OTC rule does not specify application methods. The CTG recommendation goes to 

“stationary sources” above a cut-off level only. The OTC model rule was based on the 

CARB 1998 RACT/BARCT Determination for Adhesives and Sealants which did not 

include the requirement for application methods. New Jersey states in its’ proposed 

rulemaking that 96 percent of the adhesive and sealant VOC emissions in the OTC states 

fall into the area source category. This would appear to limit the benefit from improved 

transfer equipment. However, EPA recommends that when the states evaluate RACT as 
23

required by section 182 (b) when implementing a revised 8 hour ozone standard2, that 

they review and evaluate the benefit of requiring improved methods for applying coatings 

regulated by the OTC model rule and specifically, Subchapter 26.

Overall, the CTG and the OTC model rule emission limits are similar with the exception 

of general adhesive for wood applications. The CTG recommends a 30 g/liter limit for 

the wood substrate category whereas the OTC model rule covers wood under the “porous 

material” substrate category with a limit of 120 g/liter. It is recommended that when the 

states evaluate RACT as required by section 182 (b) when implementing a revised 8 hour 

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

The CTG does not require state rules to match the line-by-line, item-by-item because it 

stated: “When State and local pollution control agencies develop RACT rules, they may

elect to adopt control approaches that differ from those described in this document and/or 

promulgate applicability criteria that differ from those recommended here.” (The CTG 

Page 3.) For the most part the OTC Model rule and specifically, New Jersey’s 

Subchapter 26, match the CTG’s recommendations item by item. The OTC Model rule 

and specifically, New Jersey’s Subchapter 26, requires the emission limitations apply to a 

wider universe of sources and to manufacturers and distributors of adhesives and primers. 

The OTC Model rule and specifically, New Jersey’s Subchapter 26, sets standards for 

clean-up and surface preparation solvents in lieu of the application methods and all work 

practice recommendations in the CTG. Overall, EPA can conclude the OTC Model rule 

and specifically, New Jersey’s Subchapter 26, meets the requirement for RACT in this 

source category. 

 

2

 See 75 FR 2938, January 19, 2010; In this proposed rule, March 2008, based upon reconsideration of the 

primary and secondary ozone standards, EPA proposed to set different primary and secondary standards 

than those promulgated in March 2008 to provide requisite protection of public health and welfare, 

respectively. 
24

▬ Subchapter 34 “TBAC Emissions Reporting,” 

On November 29, 2004 (69 FR 69298), EPA revised the definition of VOC to exclude 

tertiary butyl acetate or t-butyl acetate (TBAC) from VOC emissions limitations or VOC 

content requirements, but requires that TBAC be considered a VOC for purposes of 

recordkeeping, emissions reporting, photochemical dispersion modeling and inventory

requirements. See 40 CFR 51.100(s). While TBAC is now considered “negligibly

reactive,” EPA is concerned that should TBAC usage substantially increase it may

contribute significantly to ozone formation even with its’ lower reactivity. That is the 

reason it is necessary to track and account for TBAC emissions.

This SIP revision addresses the discrepancy between the NJDEP’s definition of “volatile 

organic compound” or “VOC” and the definition of that term used by EPA concerning 

the exemption of TBAC, and eliminates any future discrepancies. The SIP revision 

includes a new rule, N.J.A.C. 7:27, Subchapter 34 “TBAC Emissions Reporting,” that 

adds a reporting requirement for those who manufacturer TBAC or TBAC-containing 

products that will be bought and used in New Jersey.

The SIP revision also revises 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 EPA’s definition of this term at 40 CFR 51.100(s). The 

EPA 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), EPA 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.

New Jersey’s existing VOC definitions refer to 40 CFR 51.100(s)(1) for this complete list 

of compounds exempted by the EPA from the definition of volatile organic compounds. 

Originally, New Jersey’s intention was to incorporate the list in the Federal regulations 

by reference to exempt all compounds that the EPA exempted. At the time New Jersey

promulgated these definitions of VOC to refer to the list at 40 CFR 51.100(s)(1), the EPA 

definition of VOC contained other provisions at 40 CFR 51.100(s)(2), (3) and (4) that 

related to compliance with emissions limits, excluding negligibly reactive compounds, 

and test methods to be used. They did not relate directly to what compounds would be 

defined by the EPA as volatile organic compounds. New Jersey’s reference to 40 CFR 

51.100(s)(1) became problematic when the EPA amended its definition in November of 

2004 to create a new category of exempt compounds at 40 CFR 51.100(s)(5). 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 New 

Jersey’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).

In order to carry out the State’s reporting responsibilities, the NJDEP adopted reporting

requirements for TBAC in new N.J.A.C. 7:27-34. The NJDEP identified two entities that 

would need to report under these proposed rules: manufacturers located outside of New 
25

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 

rules, the NJDEP 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 EPA’s amended definition of VOC requires TBAC reporting but does not give 

specific instruction as to what information states should collect. The NJDEP 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 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. 

What is EPA’s Evaluation?

New Jersey has revised its’ definition of VOC by specifically referencing EPA’s 

definition at 40 CFR 51.100(s) in total, which they have incorporated by reference. This 

will insure that New Jersey’s definition is always consistent with EPA’s and is acceptable 

to EPA. 

Generally Subchapter 34 satisfies EPA’s TBAC requirements and guidance with one 

exception. The rule requires the reporting of “pounds per ozone-season day,” but only 

contains a definition for “ozone season.” In the “Background” section of the proposed 

rulemaking (39 New Jersey Register 4492, November 5, 2007), New Jersey states that in 

developing the TBAC rule, it based its requirements on the Department of Environment 

Protection’s other air pollution control rules with similar reporting requirements, such as 

the Subchapter 21 Emission Statements rule. EPA suggests that the next time Subchapter 

34 is revised, that the definition for “ozone-season” be clarified to refer to peak ozone 

season as used in Subchapter 21. In the meantime, should there be any confusion with 

the term ozone-season, users should use the definition in Subchapter 21 – “Emission 

Statements” and as used specifically in Subchapter 21.5(f). With this clarification, 

Subchapter 34 addresses all EPA requirements for accounting for TBAC emissions. 
26

▬ What other rules are affected by the VOC definition change and 

EPA’s evaluation?

The term VOC is used in several New Jersey regulations throughout Title 7, Chapter 27 

of the New Jersey Administrative Codes (N.J.A.C.) and Chapter 27A, and Chapter 27B.

that were revised:

Subchapter 8 – “Permits and Certificates for Minor Facilities (and Major 

Facilities without an Operating Permit);” 

Subchapter 16 – “Control and Prohibition of Air Pollution by Volatile Organic 

Compounds;” 

Subchapter 17,- “Control and Prohibition of Air Pollution By Toxic Substances”

Subchapter 18 – “Control and Prohibition of Air Pollution from New or Altered 

Sources Affecting Ambient Air Quality (Emission Offset Rule);” 

Subchapter 19 – “Control and Prohibition of Air Pollution From Oxides of 

Nitrogen;” 

Subchapter 21 – “Emission Statements;”

Subchapter 22, -“Operating Permits;”

Subchapter 23 – “Prevention of Air Pollution From Architectural Coatings;” and, 

Subchapter 25 - ”Control and Prohibition of Air Pollution by Vehicular Fuels.”

These rules have been amended to include the revised definition of VOC that addresses 

the TBAC requirements.

What is EPA’s Evaluation?

EPA has evaluated New Jersey's revised VOC definition for consistency with the Act, 

EPA regulations, and EPA policy. The revised definition of VOC as used in the above 

rules is consistent with EPA’s definition in 40 CFR 51.100(s). 

At this time EPA is only proposing to approve as part of the SIP “Subchapter 23, 

Prevention of Air Pollution From Architectural Coatings,” and “Subchapter 25, Control 

and Prohibition of Air Pollution by Vehicular Fuels.” Subchapters 16, 19, and 21 were 

proposed for approval as part of the SIP on April 23, 2010 (78 FR 21197). Subchapter 22 

is not part of the SIP. EPA will act on the other rules in a separate Federal Register at a 

later date.