Connecticut Administrative Code › Title 22a - Environmental Protection › 174 - Abatement of Air Pollution › Section 22a-174-41a - Architectural and industrial maintenance coatings - phase 2

Current through July 10, 2024
(a)
Definitions.
For the
			 purposes of this section, the following definitions shall apply:
(1) "Adhesive" means any chemical substance
			 that is applied for the purpose of bonding two surfaces together by other than
			 mechanical means.
(2) "Aerosol
			 coating product" means a pressurized coating product containing pigments or
			 resins that is dispensed by means of a propellant and that is packaged either
			 in a disposable can for hand-held application or for use in specialized
			 equipment for ground traffic marking applications.
(3) "Aluminum roof coating" means a coating
			 labeled and formulated exclusively for application to roofs and containing at
			 least 84 grams of elemental aluminum pigment per liter of coating.
(4) "Appurtenance" means any accessory to a
			 stationary structure including, but not limited to: bathroom and kitchen
			 fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings;
			 heating equipment, air conditioning equipment, and other fixed mechanical
			 equipment or stationary tools; lampposts; partitions; pipes and piping systems;
			 rain gutters and downspouts; stairways; fixed ladders; catwalks; fire escapes;
			 and window screens.
(5)
			 "Architectural coating" means a coating applied to stationary structures and
			 their appurtenances at the site of installation, to portable buildings at the
			 site of installation, to pavements or to curbs. "Architectural coatings" do not
			 include any coatings applied in shop applications or to non-stationary
			 structures such as airplanes, ships, boats, railcars or automobiles or any
			 adhesive.
(6) "ASTM" means the
			 American Society for Testing and Materials.
(7) "BAAQMD" means the Bay Area Air Quality
			 Management District.
(8) "Basement
			 specialty coating" means a clear or opaque coating that is labeled and
			 formulated for application to basements and other below-grade surfaces
			 constructed of concrete or masonry to provide a hydrostatic seal capable of
			 withstanding at least 10 psi of hydrostatic pressure and that is resistant to
			 mold and mildew growth and able to achieve a microbial growth rating of 8 or
			 more.
(9) "Bitumen" means black or
			 brown materials including, but not limited to, asphalt, tar, pitch and
			 asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons
			 and are obtained from natural deposits or as residues from the distillation of
			 crude petroleum or coal.
(10)
			 "Bituminous roof coating" means a coating that incorporates bitumen that is
			 labeled and formulated exclusively for roofing for the primary purpose of
			 preventing water penetration.
(11)
			 "Bituminous roof primer" means a primer that incorporates bitumen that is
			 labeled and formulated exclusively for roofing and intended for the purpose of
			 preparing a weathered and aged surface or improving the adhesion of subsequent
			 surfacing components.
(12) "Bond
			 breaker" means a coating labeled and formulated for application between layers
			 of concrete to prevent a freshly poured top layer of concrete from bonding to
			 the layer over which it is poured.
(13) "Calcimine recoater" means a flat,
			 solvent-borne coating formulated and recommended specifically for recoating
			 calcimine-painted ceilings and other calcimine-painted substrates.
(14) "CAS" means Chemical Abstract
			 Service.
(15) "Coating" means a
			 material applied onto or impregnated into a substrate for protective,
			 decorative or functional purposes. Such materials include, but are not limited
			 to, paints, varnishes, sealers and stains.
(16) "Colorant" means a concentrated pigment
			 dispersion in water, solvent or binder that is added to an architectural
			 coating after packaging in sale units to produce the desired color.
(17) "Concrete curing compound" means a
			 coating labeled and formulated for application to freshly poured concrete to
			 retard the evaporation of water, harden the surface of freshly poured concrete
			 or dustproof the surface of freshly poured concrete.
(18) "Concrete or masonry sealer" means a
			 clear or opaque coating that is labeled and formulated primarily for
			 application to concrete and masonry surfaces to perform one or more of the
			 following functions:
(A) Prevent penetration
			 of water;
(B) Provide resistance
			 against abrasion, alkalis, acids, mildew, staining or ultraviolet light;
			 or
(C) Harden or dustproof the
			 surface of aged or cured concrete.
(19) "Concrete surface retarder" means a
			 mixture of retarding ingredients such as extender pigments, primary pigments,
			 resin and solvent that interact chemically with the cement to prevent hardening
			 on the surface where the retarder is applied, allowing the retarded mix or
			 cement and sand at the surface to be washed away to create an exposed aggregate
			 finish.
(20) "Conjugated oil
			 varnish" means clear or semi-transparent wood coating based on a natural
			 occurring conjugated vegetable oil (Tung oil) and modified with other natural
			 or synthetic resins of which a minimum of 50% of the resin solids consist of
			 conjugated oil and that may otherwise contain small amounts of pigment to
			 control the final gloss or sheen and, when supplied as a single component
			 product, penetrates and seals the wood with a film formulation that is due to
			 polymerization of the oil. "Conjugated oil varnish" does not include lacquers
			 or shellacs. For the purposes of this definition, "lacquer" means "lacquer" as
			 defined in section
			 22a-174-41(a)(35)
			 of the Regulations of Connecticut State Agencies.
(21) "Conversion varnish" means a clear acid
			 curing coating with an alkyd or other resin blended with amino resins and
			 supplied as a single component or two-compound product that produces a hard,
			 durable, clear finish designed for professional application to wood flooring
			 due to an acid-catalyzed condensation reaction, affecting a transetherification
			 at the reactive ethers of the amino resins.
(22) "Driveway sealer" means a coating
			 labeled and formulated for application to worn asphalt driveway surfaces to
			 perform one or more of the following functions:
(A) Fill cracks;
(B) Seal the surface to provide protection;
			 or
(C) Restore or preserve the
			 appearance.
(23) "Dry
			 fog coating" means a coating labeled and formulated only for spray application
			 such that overspray droplets dry before subsequent contact with incidental
			 surfaces in the vicinity of the surface coating activity.
(24) "Exempt compound" means a compound
			 identified in
			 40
			 CFR 51.100(s)(1), as amended
			 from time to time, as having negligible photochemical reactivity.
(25) "Faux finishing coating" means a coating
			 labeled and formulated to meet one or more of the following criteria:
(A) A glaze or textured coating used to
			 create artistic effects including, but not limited to dirt, suede, old age,
			 smoke damage, and simulated marble and wood grain;
(B) A decorative coating used to create a
			 metallic, iridescent or pearlescent appearance that contains at least 48 grams
			 of pearlescent mica pigment or other iridescent pigment per liter of coating as
			 applied;
(C) A decorative coating
			 used to create a metallic appearance that contains less than 48 grams of
			 elemental metallic pigment per liter of coating as applied;
(D) A decorative coating used to create a
			 metallic appearance that contains greater than 48 grams of elemental metallic
			 pigment per liter of coating as applied and that requires a clear topcoat to
			 prevent the degradation of the finish under normal use conditions; or
(E) A clear topcoat to seal and protect a
			 faux finishing coating that meets one or more of the requirements in
			 subparagraphs (A) to (D), inclusive, of this subdivision and that is labeled,
			 sold and used solely as part of a faux finishing coating system.
(26) "Fire-resistive coating"
			 means a coating labeled and formulated to protect structural integrity by
			 increasing the fire endurance of interior or exterior steel and other
			 structural materials. "Fire-resistive coating" includes sprayed fire-resistive
			 materials and intumescent fire-resistive coatings that are used to bring
			 structural materials into compliance with federal, state and local building
			 code requirements.
(27) "Flat
			 coating" means a coating that is not defined under any other definition in this
			 section and that registers gloss less than 15 on an 85-degree meter or less
			 than 5 on a 60-degree meter.
(28)
			 "Floor coating" means an opaque coating that is labeled and formulated for
			 application to flooring, including, but not limited to, decks, porches, steps,
			 garage floors and other horizontal surfaces that may be subjected to foot
			 traffic.
(29) "Form-release
			 compound" means a coating labeled and formulated for application to a concrete
			 form to prevent the freshly poured concrete from bonding to a form that may
			 consist of wood, metal or some material other than concrete.
(30) "Graphic arts coating" or "sign paint"
			 means a coating labeled and formulated for hand-application using a brush,
			 airbrush or roller to indoor or outdoor signs, excluding structural components,
			 and murals including letter enamels, poster colors, copy blockers and bulletin
			 enamels.
(31) "High temperature
			 coating" means a high performance coating labeled and formulated for
			 application to substrates exposed continuously or intermittently to
			 temperatures above 204°C (400°F).
(32) "Impacted immersion coating" means a
			 high performance maintenance coating formulated and recommended for application
			 to steel structures subject to immersion in turbulent, debris-laden water and
			 that is specifically resistant to high-energy impact damage by floating ice or
			 debris.
(33) "Industrial
			 maintenance coating" means a high performance architectural coating, including
			 primer, sealer, undercoater, intermediate coat and topcoat, formulated for
			 application to substrates, including floors, exposed to one or more of the
			 following extreme environmental conditions:
(A) Immersion in water, wastewater or
			 chemical solutions (aqueous and non-aqueous solutions);
(B) Chronic exposures of interior surfaces to
			 moisture condensation;
(C) Acute or
			 chronic exposure to corrosive, caustic or acidic agents, or to chemicals,
			 chemical fumes, or chemical mixtures or solutions;
(D) Frequent exposure to temperatures above
			 121°C (250°F);
(E) Frequent heavy
			 abrasion, including mechanical wear and frequent scrubbing with industrial
			 solvents, cleansers or scouring agents; or
(F) Exterior exposure of metal structures and
			 structural components.
(34) "Low solids coating" means a coating
			 containing 0.12 kilogram or less of solids per liter of coating material as
			 recommended for application by the manufacturer.
(35) "Magnesite cement coating" means a
			 coating labeled and formulated for application to magnesite cement decking to
			 protect the magnesite cement substrate from erosion by water.
(36) "Manufacturer's formulation data" means
			 data that are supplied by the materials manufacturer based on the
			 manufacturer's knowledge of the ingredients used to manufacture a coating,
			 rather than on an EPA reference test method, including, but not limited to,
			 information on density, VOC content and coating solids content.
(37) "Manufacturer's maximum thinning
			 recommendation" means the maximum recommendation for thinning that is indicated
			 on the label or lid of a coating container.
(38) "Mastic texture coating" means a coating
			 labeled and formulated to cover holes and minor cracks and conceal surface
			 irregularities, which is applied in a single coat of at least 10 mils dry film
			 thickness.
(39) "Metallic pigmented
			 coating" means a coating that is labeled and formulated to provide a metallic
			 appearance and that contains at least 48 grams of elemental metallic pigment
			 per liter of coating as applied. "Metallic pigmented coating" does not include
			 coatings applied to roofs or zinc-rich primers.
(40) "Multi-color coating" means a coating
			 that is packaged in a single container and labeled and formulated to exhibit
			 more than one color when applied in a single coat.
(41) "Multi-component coating" means a
			 coating requiring the addition of a separate reactive resin, such as a catalyst
			 or hardener, before application to form an acceptable dry film.
(42) "Nonflat coating" means a coating that
			 is not defined under any other definition in this section and registers a gloss
			 of 15 or greater on an 85-degree meter and five or greater on a 60-degree
			 meter.
(43) "Nonflat-high gloss
			 coating" means a nonflat coating that registers a gloss of 70 or above on a
			 60-degree meter.
(44) "Nuclear
			 coating" means a protective coating formulated and recommended to seal porous
			 surfaces such as steel or concrete that otherwise would be subject to intrusion
			 by radioactive materials. "Nuclear coating" is resistant to long-term (service
			 life) cumulative radiation exposure, relatively easy to decontaminate and
			 resistant to various chemicals to which such a coating is likely to be
			 exposed.
(45) "NYSDEC" means the
			 New York State Department of Environmental Conservation.
(46) "Pearlescent" means exhibiting various
			 colors depending on the angles of illumination and viewing, as observed in
			 mother-of-pearl.
(47)
			 "Post-consumer coating" means a finished coating generated by a business or
			 consumer that has served its intended end use and is recovered from or
			 otherwise diverted from the waste stream for the purpose of
			 recycling.
(48) "Pre-treatment wash
			 primer" means a primer that contains a minimum of 0.5 percent acid, by weight.
			 "Pre-treatment wash primer" is labeled and formulated for direct application to
			 bare metal surfaces to provide corrosion resistance and to promote adhesion of
			 subsequent topcoats.
(49) "Primer,
			 sealer, and undercoater" means a coating labeled and formulated for one or more
			 of the following purposes:
(A) To provide a
			 firm bond between the substrate and the subsequent coatings;
(B) To prevent subsequent coatings from being
			 absorbed by the substrate;
(C) To
			 prevent harm to subsequent coatings by materials in the substrate;
(D) To provide a smooth surface for the
			 subsequent application of coatings;
(E) To provide a clear finish coat to seal
			 the substrate; or
(F) To block
			 materials from penetrating into or leaching out of a substrate.
(50) "Reactive penetrating sealer"
			 means a clear or pigmented coating that (A) is labeled and formulated for
			 application to above-grade concrete and masonry substrates to provide
			 protection from water and waterborne contaminants, including but not limited
			 to, alkalis, acids and salts, (B) penetrates into concrete and masonry
			 substrates and chemically reacts to form covalent bonds with naturally
			 occurring minerals in the substrate, (C) lines the pores of concrete and
			 masonry substrates with a hydrophobic coating, but does not form a surface
			 film, and (D) improves water repellency by at least 80 percent and does not
			 reduce the water vapor transmission rate by more than 2 percent after
			 application on a concrete or masonry substrate.
(51) "Reactive penetrating carbonate stone
			 sealer" means a clear or pigmented coating that (A) is labeled and formulated
			 for application to above-grade carbonate stone substrates to provide protection
			 from water and waterborne contaminants, including but not limited to, alkalis,
			 acids and salts, (B) penetrates into carbonate stone substrates and chemically
			 reacts to form covalent bonds with naturally occurring minerals in the
			 substrate, (C) lines the pores of carbonate stone substrates with a hydrophobic
			 coating, but does not form a surface film, and (D) improves water repellency at
			 least 80 percent and does not reduce the water vapor transmission rate by more
			 than 10 percent after application on a carbonate stone substrate.
(52) "Recycled coating" means an
			 architectural coating formulated such that it contains a minimum of 50 percent
			 by volume post-consumer coating, with a maximum of 50 percent by volume
			 secondary industrial materials or virgin materials.
(53) "Roof coating" means a non-bituminous
			 coating labeled and formulated for application to roofs for the primary purpose
			 of preventing water penetration, reflecting ultraviolet light or reflecting
			 solar radiation.
(54) "Rust
			 preventive coating" means a coating formulated to prevent the corrosion of
			 metal surfaces. "Rust preventative coating" does not include coatings applied
			 as a topcoat over a primer or coatings used on wood or any other nonmetallic
			 surface.
(55) "SCAQMD" means the
			 South Coast Air Quality Management District, a regional regulatory authority in
			 California.
(56) "Sealer" means a
			 coating labeled and formulated for application to a substrate for one or more
			 of the following purposes: to prevent subsequent coatings from being absorbed
			 by the substrate, or to prevent harm to subsequent coatings by materials in the
			 substrate.
(57) "Secondary
			 industrial material" means a product or by-product of the paint manufacturing
			 process that is of known composition and has economic value but can no longer
			 be used for its intended use.
(58)
			 "Semi-transparent coating" means a coating that contains binders and colored
			 pigments and is formulated to change the color of the surface, but not conceal
			 the grain pattern or texture.
(59)
			 "Shellac" means a clear or opaque coating formulated solely with the resinous
			 secretions of the lac beetle (
Laciffer lacca
) and formulated
			 to dry by evaporation without a chemical reaction.
(60) "Shop application" means the application
			 of a coating to a product or a component of a product in or on the premises of
			 a factory or a shop as part of a manufacturing, production or repairing
			 process.
(61) "Solicit" means to
			 require for use or to specify by written or oral contract.
(62) "Specialty primer, sealer and
			 undercoater" means a coating that is formulated for application to a substrate
			 to block water-soluble stains resulting from fire damage, smoke damage or water
			 damage.
(63) "Stain" means a
			 semi-transparent or opaque coating labeled and formulated to change the color
			 of a surface, but not conceal the grain pattern or texture.
(64) "Stone consolidant" means a coating that
			 is labeled and formulated for application to stone substrates to repair
			 historical structures that have been damaged by weathering or other decay
			 mechanisms. "Stone consolidant" penetrates into stone substrates to create
			 bonds between particles and consolidate deteriorated material.
(65) "Swimming pool coating" means a coating
			 labeled and formulated to coat the interior of swimming pools and resist
			 swimming pool chemicals. "Swimming pool coating" includes coatings used for
			 swimming pool repair and maintenance.
(66) "Thermoplastic rubber coating and
			 mastic" means a coating or mastic formulated and recommended for application to
			 roofing or other structural surfaces and that incorporates no less than 40
			 percent by weight of thermoplastic rubbers in the total resin solids and may
			 also contain other ingredients including, but not limited to, fillers, pigments
			 and modifying resins.
(67) "Tint
			 base" means an architectural coating to which colorant is added, after
			 packaging in sale units, to produce a desired color.
(68) "Traffic marking coating" means a
			 coating labeled and formulated for marking and striping streets, highways, or
			 other traffic surfaces including, but not limited to, curbs, berms, driveways,
			 parking lots, sidewalks and airport runways.
(69) "Tub and tile refinish coating" means a
			 clear or opaque coating that is labeled and formulated exclusively for
			 refinishing the surface of a bathtub, shower, sink, or countertop. "Tub and
			 tile refinish coating" is formulated to have the following properties, as
			 determined in accordance with the applicable testing methods specified in
			 subsection (g) of this section:
(A) Adhesion
			 rating of 4B or better after 24 hours of recovery;
(B) Scratch hardness of 3H or
			 harder;
(C) Gouge hardness of 4H or
			 harder; and
(D) Ability to
			 withstand 1000 hours or more of exposure with few or no #8 blisters.
(E) A weight loss of 20 milligrams or less
			 after 1000 cycles.
(70)
			 "Undercoater" means a coating labeled and formulated to provide a smooth
			 surface for subsequent coatings.
(71) "Varnish" means a clear or
			 semi-transparent wood coating, excluding lacquers and shellacs, formulated to
			 dry by chemical reaction and that may contain small amounts of pigment to color
			 a surface or to control the final sheen or gloss of the finish. For the
			 purposes of this definition, "lacquer" means "lacquer" as defined in section
			 22a-174-41(a)(35)
			 of the Regulations of Connecticut State Agencies.
(72) "VOC content" means the weight of VOC
			 per volume of coating.
(73)
			 "Waterproofing membrane" means a clear or opaque coating that is labeled and
			 formulated to be applied in a single coat of at least 25 mils dry film
			 thickness to concrete and masonry surfaces to provide a seamless waterproofing
			 membrane that prevents any penetration of liquid water into the substrate and
			 that is intended for any of the following waterproofing applications:
			 below-grade surfaces, between concrete slabs, inside tunnels, inside concrete
			 planters and under flooring materials. "Waterproofing membrane" does not
			 include topcoats that are concrete or masonry sealer.
(74) "Wood coating" means a coating labeled
			 and formulated for application to wood substrates only. "Wood coating" includes
			 clear and semi-transparent lacquer, varnish, sanding sealer, penetrating oil,
			 clear stain, wood conditioner used as undercoats and wood sealer used as
			 topcoat; opaque lacquer; opaque sanding sealer and opaque lacquer undercoater.
			 "Wood coating" does not include clear sealer that is labeled and formulated for
			 use on concrete or masonry surfaces or coatings intended for substrates other
			 than wood.
(75) "Wood preservative"
			 means a coating labeled and formulated to protect exposed wood from decay or
			 insect attack.
(76) "Zinc-rich
			 primer" means a coating intended for professional use only that meets the
			 following specifications:
(A) Contains at
			 least 65 percent metallic zinc powder or zinc dust by weight of total solids;
			 and
(B) Is formulated for
			 application to metal substrates to provide a firm bond between the substrate
			 and subsequent applications of coatings.