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 20 102 

### 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,”

▬ S ubchapter 34 “TBAC Emissions Reporting” ...................................... p 24

▬ What other rules are affected b y 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,”

- S ubchapter 26, “Prevention of Air Pollution From Adhesives, Sealants, Adhesive Primers and Sealant Primers,”

- Subchapter 34 “TBAC Emissions Reporting,” and

- Am ending 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 1 997 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 Ne w 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 propose d rule resulting from the comments.4

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### 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

. C hanges to Subchapter 24
- Chemically Formulated Consumer Products Tables 1 through 4 below identify the chemicall y 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 ha s pro mulgated a more restrictive VOC limit; Table 3 identifies those categories in the existing rules that h av e additional air toxics requirements; and Table 4 identifies new categories of chemicall y formulated consumer products, that have air toxics requirements. Table 1
- New Categories with Volatile Organic Compounds (VOC) Limits Adhesive Remover (4 subcategories) Anti

- St atic 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 i nclude additional forms of hair st yl ing 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 Cleaner5

Footwear or Leather Care Product General Purpose Degreas er 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

- ye ar sell

- through for those containing paradichlorobenzene, methylene chloride, perchloroeth yl ene and trichloroethylene. Accordingl y, products manufactured prior to January 1, 2009, that do not meet the new volatile organic compound limits can continue to be sold in New J ersey

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 b y Subchapter 24. Subchapter 24 includes specific exemptions, as well as registration and product labeling requirements (7:27

- 24.5) , recordkeep ing 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 CON TENT LIMITS FOR CHEMICALLY FORMULATED CONSUMER PRODUCTS

Chemically Formulated Consumer Product Category Form Maximum Allowable VOC Content (percent by weight, 1 unless otherwise

indicated) 2 State Standard Operative Date 4/30/96
- 12/31/04 3 State

Standa rd 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/A 5 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 aer osols 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, non

aerosol 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 357

Bathroom and tile cleaners Aerosol s 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 Electrica l 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 W ood 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 cle aners 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 68

Hair styling products Aerosol and pum p 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 fo rms 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/cleanse rs 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 str ippers 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 an d 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

- “N ational V olatile O rganic Compound E mission S tandards for C onsumer P roducts ” ( 40 CFR P art 59 ), New Jersey ’s limits are either more stringent or the same. Subchapter 24 includes provisions for accepting innovative products exem ptions (IPEs), alternative compliance plans (ACPs), and variances that have been approved b y the California Air Resources Board (CARB) or other states with adopted consumer product regulations based on the Ozone Transport Commission (OTC) “Model Rule for C onsumer Products.” Although the regulation contains references to provisions that allow ACP, recent discussion with CARB indicates there are no current users of the A CP. 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 Transp ort Commission (OTC) “Model Rule for Consumer Products.” These provisions were full y 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 b y 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 P art D requirements. EPA staff recommends approval of the submitted Subchapter 24 Chemically Formulated Consumer Products prov isions consistent with CAA Section 110(k)(3).

C hanges to Subchapter 24
- Po rtable fuel containers The Department’ s consumer products rule at N.J.A.C. 7:27

- 24 also address es portable fuel containers. Portable fuel containers are designed for transporti ng 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 gallo n 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 portable10

fuel containers are classified by five different act ivities: 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
- s pillage emissions, which are fuel vapors produced from an y 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 compo unds. The Ozone Transport Commission amended its 2001 model rule based on CARB’s 2006 amendment s . 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 T ransport 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 documentati on to that effect. Manufacturers of portable fuel containers and spouts must comply with the proposed rules by 30 day s after the operative date of the rules. Consistent with similar provisions in CARB’s portable fuel container rules, the Department’s prop osed 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 d isplay s 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 in cludes 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 s imilar 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 P art D requir ements. EPA staff recommends approval of the submitted Subchapter 24 P ortable fuel containers and spill proof spouts provisions consistent with CAA Section 110(k)(3).11

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### 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 Miscellan eous Industrial Adhesives, September 2008

OTC Model Rule Th e 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 th e 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 appl y 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 adhesiv e 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 Mi sc ellaneous 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 det ermining 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 for12

RACT for miscellaneous industrial adhesives. States can use the recommendations in this CTG t o 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 guidanc e 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 an y entity . It provides only recommendatio ns 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 h ere [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 pe rcent 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 f or a product category where we determine that the CTG will be ‘‘substantiall y 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 recentl y, 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, distribut ors, 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 doc uments that recommend reasonabl y 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 Stat es upon regulation of end

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

- users of a product category for which EPA has issued a CTG.

I. APP LICABILITY 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 an y 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 ty pes of products. There are minor differences with some terms because the CTG focuses on the processes at a facility

while the OT C 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 ar e substantivel y 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 D raft 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. Subch apter 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 doe s 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 thi s 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

- pl y 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 adhesive s 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 se alants and sealant primers and specificall y 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 an y adhesive, sealant, adhesive primer or sealant primer manufactured on or after January 1, 2009 , or manufacture for sale an y 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 manufact ure these coatings. 2. The OTC model rule applies to any person who uses or applies (for compensation) an y 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 onl y 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 limit s 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 s ingle

- pl y 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 sy stem s using cleaning solvents with less than or equal to 70 grams of VOC p er liter of material, or b y soaking parts in closed sy stems 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

- compl yi ng adhesives, sealants, adhesive primers, sealant primers, surface preparation or clean

- up solvents. (8) The CTG also recommends that adhesive/adhesive primer s be applied using application methods with good transfer efficiency in conjunction with the use of low

- VOC content adhesives. Specifically, the CTG recommends the following application methods: electrostatic spray , HVLP spray , flow coat,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 coati ng 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 s ealants. 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 t ested or evaluated in an y research and development, quality assurance or analy

tical laboratory ; (B) C yanoacryl ate adhesives; (C) Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in conta iners 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 pol yester bonding putties to assemble fiberglass parts at fiberglass boat manufac turing facilities and at other reinforced plastic composite manufacturing facilities; (E) In the assembly , repair and manufacture of aerospace or undersea

- based weapon s ys tems; (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 Regu lation (of 40 CFR Part 59). Under section 183(e) the consumer products regulated b y 40 CFR Part 59 can not be the same adhesive products and adhesive primers as those covered b y the CTG, and, therefore this provision of the OTC model rule merel y clarifies that here is no double regulation 1 ; (B) Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied. This limit is less than an y limit recommended b y the CTG. (C) Cont act adhesives that are sold or supplied b y 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, provide d 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 subj ect to the work practices recommendation.

1 The latest listing of product categories regulated under section 183(e) of the CAA wa s 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 solv ents 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 ye ar. 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 ye ar, while the CTG applicability starts at 6.8 kg/day

(15 lb/day) or an equivalent level such as 3 ton s (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 State s or in Subchapter 26, New Jersey

. (6 ) The OTC model rule exempts any adhe sive, 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 c ontent limits and recording the key operating parameters for the control equipment that must be maintained for five ye ars. 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 analy sis and for determining compliance of add

- on c ontrol 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 inf ormation concerning thinning of the product.17

VIII. Emission Limit Table The table below provides an anal ys is 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 in dicates 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 a dopted 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 economicall y and have therefore adopted these VOC limits a s our recommendations in the CTG. ”18 

### OTC Model Rule CTG Recommendation Category VOC content limit (grams VOC per liter*) Category Recommended VOC Emission Limit 1 (g/l) Adhesives Specialty Adhesive Application Processes ABS welding 400 {Plastic Solve nt W elding (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 weldi ng 490 {Plastic Solvent W elding (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 Mo lding or Casting 850 Motor Vehicle Adhesive [Note I] 250 Motor Vehicle W eatherstrip Adhesive [Note I] 750 Mu ltipurpose construction 200 Mu ltipurpose Construction 200 Nonmembrane roof installation/repair 300 Other plastic cement welding 510 {Plastic Solvent W elding (Except ABS)} 500 Outd oor floor covering installation 250 Floor Covering Installation (Outdoor) 250 PVC welding 510 {Plastic Solvent W elding (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 (Perime ter Bonded Sheet Vinyl)} [Note C] 66019 

### OTC Model Rule CTG Recommendation Wa terproof resorcinol glue 170 Wa terproof 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
Ad hesive Primers Ad hesive Primer Ap plication Processes Automotive glass [Note H] 700 Motor Vehicle Glass Bonding Primer [N otes B and H] 900 Plastic cement welding 650 {Plastic Solvent W elding 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 Pr imer [Note B] 250 Sealant Primers Non
- porous architectural 250 Porous architectural 775 Marine deck 760 Other 750
Ad hesives A pplied to the Listed Substrate [Notes E and I] General Adhesive Ap plication Processes 2 [N ote E] Flexible vinyl [Note I] 250 Flexible vinyl 250 Fiberglass [Notes I & F] 200 Reinforced plastic composite [Note F] [Note F] 20020 

### OTC Model Rule CTG Recommendation Metal [Note I] 30 Metal 30 Porous material (Including wood) [Note I] 120 Porous Material (Excluding Wo o d) 120 Rubber [Note I] 250 Rubber 250 Other substrates [Note I] 250 Other Substrates 250 Wo od 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 Emis sion 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 reco mmended 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 m ore 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 processe s 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 s ame 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 L isted 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 c onsisting of extremel y 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 Count y AQMD rule 67.21; however, Ventura County AQMD Rule 74

- 20 defines fiberglass as “...an y 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 recommendatio n 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 re commendation in the OTC model rule for appl yi ng an “Automotive glass adhesive primer” to automotive glass is clearl y 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 L isted Substrate” and which limit applies. The applicable limit depends upon what substr ates 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 Vehicl e 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 not22

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 year round after that.

IX. Conclusions The OTC Model rule and specificall y, 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 C TG was developed with a restriction that it only

applies to larger sources with manufacturing operations that use these ty pes 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 adhe sives 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 practic es. T he work practices benefit can not be quantified and in these instances, generall y appl y to lower usage source categories so very few emission reductions are missed b y not including these requirements. The OTC model rule contains an exemption provisi on 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 ye ar exclusion includes emissions from sealants and sealant primers and not just adhesives and their primers and therefore sets a lower numerical limit and includes more emissions subject to the applicability threshold. T he CTG recommended work practices for cleaning materials included more activities than th e OTC model rule. However, s ome of the OTC clean

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

- up solvent vapor pressure and VOC content, and cleaning of spray application equipment; over all, the OTC requirements in terms of emission reductions ar e 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. T he CTG recommendation goes to “stationary

sources” above a cut

- off level onl y. The OTC model rule was based on the CARB 1998 RACT/BARCT Determination for Adhesives and Sealants which did not include the requir ement 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 equ ipment. However, EPA recommends that when the states evaluate RACT as23

required b y section 182 (b) when implementing a revised 8 hour ozone standard 2 , that they review and evaluate the benefit of requiring improved methods for applying coatings regulated by the OTC model rule and specificall y, Subchapter 26. Overall, the CTG and the OTC model rule emission limits are similar with the exception of general adhesive for wood applications. T he CTG recommends a 30 g/liter limit for the wood substrate category whereas the OTC model rule covers wood under the “porous material” substrate category with a limit of 120 g/liter. Itis recommended that when the states evaluate RACT as required b y 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 ap proaches 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 specificall y, New Jersey’s Subchapter 26, match the C TG’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 specificall y, 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 20 08, 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 but ylacetate or t
- butyl acetate (TBAC) from VOC emissions limitations or VOC content requirements, but requires that TB AC 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 sub stantially 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 an y 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 b y reference the E PA’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 carbide s 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 p hotochemical 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. Originall y, New Jersey ’s intention was to incorporat e th e 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 oth er 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 b y the EPA as volatil e 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 emi ssion 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 interpret ed 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 New25

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. Indevelopi ng 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, respectivel y). The EPA’s amended definition of VOC requires TBAC reporting but does not give specific instruction as to what info rmation 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’ definiti on of VOC b y specificall y 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 alway s 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 onl y contains a definition for “ozone season.” In the “Background” section of the proposed rulemaking (39 New Jer sey 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 ter m ozone - season, users should use the definition in Subchapter 21

– “Emission Statements” and as used specificall y 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 Oxi des 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 r ules in a separate Federal Register at a later date.