Rhode Island Code of Regulations › Title 250 - Department of Environmental Management › Chapter 120 - Air Resources › Subchapter 05 - Air Pollution Control › Part 33 - Control of Volatile Organic Compounds from Architectural Coatings and Industrial Maintenance Coatings › Section 250-RICR-120-05-33.5 - Definitions

Current through June 14, 2024
A. Unless otherwise expressly defined in this
				  section, the terms used in this regulation shall be defined by reference to
				  Part 0 of this Subchapter, General Definitions. As used in this regulation, the
				  following terms shall, where the context permits, be construed as follows:
1. "Adhesive" means any chemical substance
				  that is applied for the purpose of bonding two (2) surfaces together other than
				  by mechanical means.
2. "Aerosol
				  coating product" means a pressurized coating product containing pigments or
				  resins that dispenses product ingredients by means of a propellant and is
				  packaged in a disposable can for 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 eighty-four (84) grams of elemental aluminum pigment per liter of coating
				  (at least 0.7 pounds per gallon). Pigment content shall be determined in
				  accordance with SCAQMD Method 318-95, incorporated in §
											33.4(C) of
				  this Part.
4. "Antenna coating"
				  means a coating labeled and formulated exclusively for application to equipment
				  and associated structural appurtenances that are used to receive or transmit
				  electromagnetic signals.
5.
				  "Antifouling coating" means a coating labeled and formulated for application to
				  submerged stationary structures and their appurtenances to prevent or reduce
				  the attachment of marine or freshwater biological organisms. To qualify as an
				  antifouling coating, the coating must be registered with the U.S. EPA under the
				  Federal Insecticide, Fungicide and Rodenticide Act,
				  7 U.S.C. §
												136
et seq
.
				  (1996).
6. "Appurtenance" means any
				  accessory to a stationary structure coated at the site of installation, whether
				  installed or detached, including, but not limited to: hand railings; cabinets;
				  bathroom and kitchen fixtures; doors; elevators; fences; rain gutters and
				  down-spouts; window screens; lamp posts; heating and air conditioning
				  equipment; other fixed mechanical equipment; fixed stationary tools;
				  partitions, pipes and piping systems; stairways; fixed ladders; catwalks and
				  fire escapes; and concrete forms.
7. "Architectural coating" means any coating
				  which is 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. Coatings applied in shop applications or to
				  non-stationary structures such as airplanes, ships, boats, railcars and
				  automobiles, and adhesives are not considered architectural coatings for the
				  purposes of this rule.
8. "ASTM"
				  means the American Society for Testing and Materials.
9. "Basement specialty coating" means a clear
				  or opaque coating that is labeled and formulated for application to concrete
				  and masonry surfaces to provide a hydrostatic seal for basements and other
				  below-grade surfaces. Basement specialty coatings must meet the following
				  criteria:
a. Coating must be capable of
				  withstanding at least ten (10) psi of hydrostatic pressure, as determined in
				  accordance with ASTM D 7088-17, incorporated in §
												33.4(B) of
				  this Part, and
b. Coating must be
				  resistant to mold and mildew growth and must achieve a microbial growth rating
				  of eight (8) or more, as determined in accordance with ASTM D 3273-16 and ASTM
				  D 3274-09, incorporated in §
												33.4(B) of
				  this Part.
10.
				  "Bitumens" means a black or brownish material including, but not limited to,
				  asphalt, tar and pitch, which consists mainly of hydrocarbons, which is soluble
				  in carbon disulfide, and which is obtained from natural deposits or as residue
				  from the distillation of crude oil or low grades of coal.
11. "Bituminous roof coating" means a coating
				  which contains bitumens and which is labeled and formulated exclusively for
				  roofing.
12. "Bituminous roof
				  primer" means a primer which contains bitumens and which is labeled and
				  formulated exclusively for roofing.
13. "Bond breaker" means a coating labeled
				  and formulated for application between layers of concrete to prevent the
				  freshly poured layer of concrete from bonding to the layer over which it is
				  poured.
14. "Calcimine recoater"
				  means a flat solvent-borne coating formulated and recommended specifically for
				  recoating calcimine-painted ceilings and other calcimine-painted
				  substrates.
15. "Clear brushing
				  lacquer" means a clear wood finish, excluding clear lacquer sanding sealers,
				  formulated with nitrocellulose or synthetic resins to dry by solvent
				  evaporation without chemical reaction and to provide a solid, protective film,
				  which are intended exclusively for application by brush and which are labeled
				  as specified in §
											33.8(A)(5)
				  of this Part.
16. "Clear wood
				  coatings" means any clear or semitransparent coating, including lacquers and
				  varnishes, applied to wood substrates to provide a transparent or translucent
				  solid film.
17. "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.
18. "Colorant" means concentrated pigment
				  dispersion in water, solvent, and/or a binder that is added to an architectural
				  coating after packaging in sale units to produce the desired color.
19. "Concrete curing compound" means a
				  coating labeled and formulated for application to a freshly poured concrete to
				  perform one or more of the following:
a.
				  Retard the evaporation of water; or
b. Harden or dustproof the surface of freshly
				  poured concrete.
20.
				  "Concrete/masonry sealer" means a clear or opaque coating that is labeled and
				  formulated primarily for application to concrete and masonry surfaces to
				  perform one (1) or more of the following functions:
a. Prevent penetration of water; or
b. Provide resistance against abrasion,
				  alkalis, acids, mildew, staining, or ultraviolet light; or
c. Harden or dustproof the surface of aged or
				  cured concrete.
21.
				  "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 of cement and sand at the
				  surface to be washed away to create an exposed aggregate finish.
22. "Conjugated oil varnish" means a clear or
				  semi-transparent wood coating, labeled as such, excluding lacquers or shellacs,
				  based on a natural occurring conjugated vegetable oil (Tung oil) and modified
				  with other natural or synthetic resins; a minimum of fifty percent (50%) of the
				  resin solids consisting of conjugated oil. Supplied as a single component
				  product, conjugated oil varnishes penetrate and seal the wood. Film formation
				  is due to polymerization of the oil. These varnishes may contain small amounts
				  of pigment to control the final gloss or sheen.
23. "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. Conversion varnishes
				  produce a hard, durable, clear finish designed for professional application to
				  wood flooring. This film formation is the result of an acid-catalyzed
				  condensation reaction, affecting a transetherification at the reactive ethers
				  of the amino resins.
24. "Driveway
				  sealer" means a coating labeled and formulated for application to worn asphalt
				  driveway surfaces to perform one (1) or more of the following functions:
a. Fill cracks; or
b. Seal the surface to provide protection;
				  or
c. Restore or preserve the
				  appearance.
25. "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.
26. "Exempt compound" means any
				  carbon-containing compound listed as an exemption to the definition of Volatile
				  Organic Compound (VOC) in Part 0 of this Subchapter (General
				  Definitions).
27. "Faux finishing
				  coating" means a coating labeled and formulated as a stain or a glaze to create
				  artistic effects including, but not limited to, dirt, old age, smoke damage and
				  simulated marble and wood grain to meet one (1) 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; or
b. A decorative coating used to create a
				  metallic, iridescent, or pearlescent appearance that contains at least
				  forty-eight (48) grams of pearlescent mica pigment or other iridescent pigment
				  per liter of coating as applied (at least 0.4 pounds per gallon); or
c. A decorative coating used to create a
				  metallic appearance that contains less than forty-eight (48) grams of elemental
				  metallic pigment per liter of coating as applied (less than 0.4 pounds per
				  gallon), when testing in accordance with SCAQMD Method 318-95, incorporated in
				  §
												33.4(C) of
				  this Part; or
d. A decorative
				  coating used to create a metallic appearance that contains greater than
				  forty-eight (48) grams of elemental metallic pigment per liter of coating as
				  applied (greater than 0.4 pounds per gallon) and which requires a clear topcoat
				  to prevent the degradation of the finish under normal use conditions. The
				  metallic pigment content shall be determined in accordance with SCAQMD Method
				  318-95, incorporated in §
												33.4(C) of
				  this Part; or
e. A clear topcoat to
				  seal and protect a faux finishing coating that meets the requirements in
				  §§
												33.5(A)(27)(a) through
				  (d) of this Part. These clear topcoats must
				  be sold and used solely as part of a faux finishing coating system, and must be
				  labeled in accordance with §
												33.8(A)(10)
				  of this Part.
28.
				  "Fire-resistive coating" means an opaque coating labeled and formulated to
				  protect structural integrity by increasing the fire endurance of interior or
				  exterior steel and other structural materials, that has been fire tested and
				  rated by a testing agency and approved by building code officials for use in
				  bringing assemblies of structural materials into compliance with federal,
				  state, and local building code requirements. The fire-resistive coating and the
				  testing agency must be approved by building code officials. The fire-resistive
				  coating shall be tested in accordance with ASTM Designation E 119-19,
				  incorporated in §
											33.4(B) of
				  this Part.
29. "Fire-retardant
				  coating" means a coating labeled and formulated to retard ignition and flame
				  spread, that has been fire tested and rated by a testing agency and approved by
				  building code officials for use in bringing assemblies of structural materials
				  into compliance with federal, state, and local building code requirements. The
				  fire-retardant coating and the testing agency must be approved by building code
				  officials. The fire-retardant coating shall be tested in accordance with ASTM
				  Designation E 84-20, incorporated in §
											33.4(B) of
				  this Part.
30. "Flat coating" means
				  a coating that does not meet the definition in this regulation for another
				  coating and which registers a gloss of less than fifteen (15) on an eighty-five
				  (85) degree gloss meter or less than five (5) on a sixty (60) degree gloss
				  meter, according to ASTM Designation D 523-14, incorporated in §
											33.4(B) of
				  this Part.
31. "Floor coating"
				  means an opaque coating that is labeled and formulated for application to
				  flooring, including, but not limited to, decks, porches, steps, and other
				  horizontal surfaces which may be subjected to foot traffic.
32. "Flow coating" means a coating labeled
				  and formulated exclusively for use by electric power companies or their
				  subcontractors to maintain the protective coating systems present on utility
				  transformer units.
33.
				  "Form-release compound" means a coating labeled and formulated for application
				  to a concrete form to prevent freshly poured concrete from bonding to the form.
				  The form may consist of wood, metal or another material other than
				  concrete.
34. "Graphic arts coating
				  or sign paint" means a coating labeled and formulated for hand-application by
				  artists using brush or roller techniques to indoor or outdoor signs (excluding
				  structural components) and murals, including letter enamels, poster colors,
				  copy blockers, and bulletin enamels.
35. "High-temperature coating" means a
				  high-performance coating labeled and formulated for application to substrates
				  exposed continuously or intermittently to temperatures in excess of two hundred
				  four degrees Celsius (204° C) (four hundred degrees Fahrenheit (400°
				  F)).
36. "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. These coatings are specifically resistant to
				  high-energy impact damage by floating ice or debris.
37. "Industrial maintenance coating" means a
				  high-performance architectural coating, including primers, sealers,
				  undercoaters, intermediate coats and topcoats, which is labeled as specified in
				  §
											33.8(A)(4)
				  of this Part and is formulated for application to substrates exposed to one (1)
				  or more of the following extreme exposure conditions:
a. Immersion in water, wastewater, or
				  chemical solutions (aqueous and non-aqueous solutions), or chronic exposures of
				  interior surfaces to moisture condensation;
b. Acute or chronic exposure to corrosive,
				  caustic, or acidic agents, or to chemicals, chemical fumes, or chemical
				  mixtures or solutions;
c. Repeated
				  exposure to temperatures above one hundred twenty-one degrees Celsius (121°
				  C) (two hundred fifty degrees Fahrenheit (250° F));
d. Repeated (frequent) heavy abrasion,
				  including mechanical wear and repeated (frequent) scrubbing with industrial
				  solvents, cleansers, or scouring agents; or
e. Exterior exposure of metal structures and
				  structural components.
38. "Lacquer" means a clear or opaque wood
				  coating, including clear lacquer sanding sealers, formulated with cellulosic or
				  synthetic resins to dry by solvent evaporation without chemical reaction and to
				  provide a solid, protective film.
39. "Low-solids coating" means a coating
				  containing 0.12 kilogram or less of solids per liter (one (1) pound or less of
				  solids per gallon) of coating material.
40. "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.
41. "Manufacturer's maximum recommendation"
				  means the maximum recommendation for thinning that is indicated anywhere on the
				  container, or any label or sticker affixed thereto.
42. "Mastic texture coating" means a coating
				  labeled and formulated to cover holes and minor cracks and to conceal surface
				  irregularities, and which is applied in a single coat of at least ten (10) mils
				  (0.010 inch) dry film thickness.
43. "Medium density fiberboard" or "MDF"
				  means a composite wood product, panel, molding, or other building material
				  composed of cellulosic fibers (usually wood) made by dry forming and pressing
				  of resonated fiber mat.
44.
				  "Metallic pigmented coating" means a coating containing at least forty-eight
				  (48) grams of elemental metallic pigment per liter of coating as applied (0.4
				  pounds per gallon), when tested in accordance with SCAQMD Method 318-95,
				  incorporated in §
											33.4(C) of
				  this Part.
45. "Multi-color
				  coating" means a coating which exhibits more than one (1) color when applied
				  and which is packaged in a single container and applied in one (1)
				  coat.
46. "Non-flat coating" means
				  a coating that does not meet the definition in this regulation of another
				  coating and which registers gloss of fifteen (15) or greater on an eighty-five
				  (85) degree gloss meter and five (5) or greater on a gloss meter when held at a
				  sixty (60) degree angle, according to ASTM Designation D 523-14, incorporated
				  in §
											33.4(B) of
				  this Part.
47. "Non-flat high-gloss
				  coating" means a non-flat coating labeled according the requirements in §
											33.8(A)(9)
				  of this Part that registers a gloss of seventy (70) or above on a sixty (60)
				  degree meter according to ASTM Designation D 523-14, incorporated in §
											33.4(B) of
				  this Part.
48. "Nonindustrial use"
				  means any use of architectural coatings except in the construction or
				  maintenance of any of the following: facilities used in the manufacturing of
				  goods and commodities; transportation infrastructure, including highways,
				  bridges, airports and railroads; facilities used in mining activities,
				  including petroleum extraction; and utilities infrastructure, including power
				  generation and distribution, and water treatment and distribution
				  systems.
49. "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. These coatings must be resistant to long-term (service
				  life) cumulative radiation exposure, according to ASTM Method D 4082-10,
				  incorporated in §
											33.4(B) of
				  this Part, relatively easy to decontaminate, and resistant to various chemicals
				  to which the coatings are likely to be exposed, according to ASTM Method D
				  3912-10, incorporated in §
											33.4(B) of
				  this Part.
50. "Particleboard"
				  means a composite wood product panel, molding, or other building material
				  composed of cellulosic material (usually wood) in the form of discrete
				  particles, as distinguished from fibers, flakes, or strands, which are pressed
				  together with resin.
51.
				  "Pearlescent" means exhibiting various colors depending on the angles of
				  illumination and viewing, as observed in mother-of-pearl.
52. "Plywood" means a panel product
				  consisting of layers of wood veneers or composite core pressed together with
				  resin. Plywood includes panel products made by either hot or cold pressing
				  (with resin) veneers to a platform.
53. "Post-consumer coating" means a finished
				  coating that would have been disposed of in a landfill, having completed its
				  usefulness to a consumer, and does not include manufacturing wastes. Finished
				  coatings generated by a business or consumer that have served their intended
				  end uses, and are recovered from or otherwise diverted from the waste stream
				  for the purpose of recycling.
54.
				  "Pretreatment wash primer" means a coating which contains a minimum of one-half
				  percent (0.5%) acid by weight, when tested in accordance with ASTM Designation
				  D 1613-17, incorporated in §
											33.4(B) of
				  this Part, which is labeled and formulated for application directly to bare
				  metal surfaces to provide corrosion resistance and to promote adhesion of
				  subsequent topcoats.
55. "Primer"
				  means a coating labeled and formulated for application to a substrate to
				  provide a firm bond between substrate and subsequent coats.
56. "Primer, sealer, and undercoater" means a
				  coating labeled and formulated for one (1) or more of the following purposes:
a. To provide a firm bond between the
				  substrate and the subsequent coatings; or
b. To prevent subsequent coatings from being
				  absorbed by the substrate; or
c. To
				  prevent harm to subsequent coatings by materials in the substrate; or
d. To provide a smooth surface for the
				  subsequent application of coatings; or
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.
57. "Quick-dry enamel" means a non-flat
				  coating that is labeled as specified in §
											33.8(A)(8)
				  of this Part and that is formulated to have the following characteristics:
a. The coating is capable of being applied
				  directly from the container under normal conditions with ambient temperatures
				  between sixteen degrees Celsius (16° C) and twenty-seven degrees Celsius
				  (27° C) (sixty degrees Fahrenheit (60° F) and eighty degrees Fahrenheit
				  (80° F));
b. When tested in
				  accordance with ASTM Designation D1640/D 1640M-18, incorporated in §
												33.4(B) of
				  this Part, the coating sets to touch in two (2) hours or less, is tack free in
				  four (4) hours or less, and dries hard in eight (8) hours or less by the
				  mechanical test method; and
c. The
				  coating has a dried film gloss of seventy (70) or above on a sixty (60) degree
				  meter, according to ASTM Designation D 523-14, incorporated in §
												33.4(B) of
				  this Part.
58.
				  "Quick-dry primer, sealer, and undercoater" means any primer, sealer or
				  undercoater which dries to touch within one-half (1/2) hour and can be recoated
				  in two (2) hours, as determined by ASTM Designation D1640/D 1640M-18,
				  incorporated in §
											33.4(B) of
				  this Part.
59. "Reactive
				  penetrating sealer" means a clear or pigmented coating that 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. Reactive penetrating sealers must
				  penetrate into concrete and masonry substrates and chemically react to form
				  covalent bonds with naturally occurring minerals in the substrate. Reactive
				  penetrating sealers line the pores of concrete and masonry substrates with a
				  hydrophobic coating, but do not form a surface film. Reactive penetrating
				  sealers must meet all the following criteria:
a. The reactive penetrating sealer must
				  improve water repellency at least eighty percent (80%) after application on a
				  concrete or masonry substrate. This performance must be verified on
				  standardized test specimens, in accordance with one or more of the following
				  standards: ASTM C67/C 67M-19, or ASTM C97/C 97M-18, or ASTM C140/C 140M-20
				  incorporated in §
												33.4(B) of
				  this Part; and
b. The reactive
				  penetrating sealer must not reduce the water vapor transmission rate by more
				  than two percent (2%) after application on a concrete or masonry substrate.
				  This performance must be verified on standardized test specimens, in accordance
				  with ASTM E96/E 96M-16 incorporated in §
												33.4(B) of
				  this Part; and
c. Products labeled
				  and formulated for vehicular traffic surface chloride screening applications
				  must meet the performance criteria listed in the National Cooperative Highway
				  Research Report 244, incorporated in §
												33.4(D) of
				  this Part.
d. Reactive penetrating
				  sealers must be labeled as such, in accordance with the labeling requirements
				  in §
												33.8(A)(11)
				  of this Part.
60.
				  "Reactive penetrating carbonate stone sealer" means a clear or pigmented
				  coating that 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. Reactive penetrating
				  carbonate stone sealers must penetrate into carbonate stone substrates and
				  chemically react to form covalent bonds with naturally occurring minerals in
				  the substrate. Reactive penetrating carbonate stone sealers line the pores of
				  carbonate stone substrates with a hydrophobic coating, but do not form a
				  surface film. Reactive penetrating carbonate stone sealers must meet all the
				  following criteria:
a. The reactive
				  penetrating carbonate stone sealer must improve water repellency at least
				  eighty percent (80%) after application on a carbonate stone substrate. This
				  performance must be verified on standardized test specimens, in accordance with
				  one (1) or more of the following standards: ASTM C67/ C 67M-19, or ASTM C97/C
				  97M-18, or ASTM C140/C 140M-20 incorporated in §
												33.4(B) of
				  this Part; and
b. The reactive
				  penetrating carbonate stone sealer must not reduce the water vapor transmission
				  rate by more than ten percent (10%) after application on a carbonate stone
				  substrate. This performance must be verified on standardized test specimens, in
				  accordance with ASTM E96/E 96M-16, incorporated in §
												33.4(B) of
				  this Part.
c. Reactive penetrating
				  carbonate stone sealers must be labeled as such, in accordance with the
				  labeling requirements in §
												33.8(A)(12)
				  of this Part.
61.
				  "Recycled coating" means an architectural coating formulated such that not less
				  than fifty percent (50%) of the total weight consists of secondary and
				  post-consumer coating, with not less than ten percent (10%) of the total weight
				  consisting of post-consumer coating.
62. "Residential use" means use in an area
				  where people reside or lodge, including, but not limited to, single and
				  multiple family dwellings, condominiums, mobile homes, apartment complexes,
				  motels, and hotels.
63. "Roof
				  coating" means a non-bituminous coating labeled and formulated exclusively for
				  application to roofs for the primary purpose of preventing penetration of the
				  substrate by water, or reflecting heat and ultraviolet radiation. Metallic
				  pigmented roof coatings, which qualify as metallic pigmented coatings, shall
				  not be considered in this category, but shall be considered to be in the
				  metallic pigmented coatings category.
64. "Rust preventive coating" means a coating
				  formulated exclusively for nonindustrial use to prevent the corrosion of metal
				  surfaces for one (1) or more of the following applications:
a. Direct-to-metal coating; or
b. Coating intended for application over
				  rusty, previously coated surfaces.
c. The rust preventative category does not
				  include the following:
(1) Coatings that are
				  required to be applied as a topcoat over a primer; or
(2) Coatings that are intended for use on
				  wood or any other nonmetallic surface.
d. Rust preventative coatings are for metal
				  substrates only and must be labeled as such, in accordance with the labeling
				  requirements in §
												33.8(A)(6)
				  of this Part.
65.
				  "Sanding sealer" means a clear or semi-transparent wood coating labeled and
				  formulated for application to bare wood to seal the wood and to provide a coat
				  that can be abraded to create a smooth surface for subsequent applications of
				  coatings. A sanding sealer that also meets the definition of a lacquer is not
				  included in this category, but it is included in the lacquer
				  category.
66. "SCAQMD" means the
				  South Coast Air Quality Management District, the air pollution control agency
				  for Orange County and the urban portions of Los Angeles, Riverside and San
				  Bernardino counties in California.
67. "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 into the
				  substrate, or to prevent harm to subsequent coatings by materials in the
				  substrate.
68. "Secondary coating
				  (rework)" means a fragment of a finished coating or a finished coating from a
				  manufacturing process that has converted resources into a commodity of real
				  economic value, but does not include excess virgin resources of the
				  manufacturing process.
69.
				  "Secondary industrial materials" means a finished coating or a finished coating
				  from a manufacturing process that has converted resources into a commodity of
				  real economic value, but does not include excess virgin resources of the
				  manufacturing process. Products or byproducts of the paint manufacturing
				  process that are of known composition and have economic value but can no longer
				  be used for their intended use.
70.
				  "Semitransparent 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.
71.
				  "Shellac" means a clear or opaque coating formulated solely with resinous
				  secretions of the lac beetle (
Laciffer lacca
), thinned with
				  alcohol, and formulated to dry by evaporation without a chemical
				  reaction.
72. "Shop application"
				  means 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 (e.g., original equipment manufacturing
				  coatings).
73. "Solicit" means to
				  require for use or to specify, by written or oral contract.
74. "Specialty primer, sealer, and
				  undercoater" means a coating labeled as specified in §
											33.8(A)(7)
				  of this Part that is formulated for application to a substrate to seal fire,
				  smoke or water damage; to condition excessively chalky surfaces; to seal in
				  efflorescence or to block stains. An excessively chalky surface is one that is
				  defined as having a chalk rating of four (4) or less as determined by ASTM
				  Designation D 4214-07, incorporated in §
											33.4(B) of
				  this Part.
75. "Stain" means a
				  clear, semi-transparent, or opaque coating labeled and formulated to change the
				  color of a surface, but not conceal the grain pattern or texture.
76. "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 consolidants must penetrate into stone substrates to create
				  bonds between particles and consolidate deteriorated material. Stone
				  consolidants are for professional use only and must be labeled as such, in
				  accordance with the labeling requirements in §
											33.8(A)(13)
				  of this Part.
77. "Swimming pool
				  coating" means a coating labeled and formulated to coat the interior surface of
				  swimming pools and which is specifically formulated to resist swimming pool
				  chemicals.
78. "Swimming pool
				  repair and maintenance coating" means a rubber-based coating labeled and
				  formulated to be used over existing rubber-based coatings for the repair and
				  maintenance of swimming pools.
79.
				  "Temperature-indicator safety coating" means a coating labeled and formulated
				  as a color-changing indicator coating for the purpose of monitoring the
				  temperature and safety of the substrate, underlying piping, or underlying
				  equipment, and for application to substrates exposed continuously or
				  intermittently to temperatures above two hundred four degrees Celsius (204°
				  C) (four hundred degrees Fahrenheit (400° F)).
80. "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 forty percent
				  (40%) 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.
81. "Tint base"
				  means an architectural coating to which colorant is added after packaging in
				  sale units to produce a desired color.
82. "Traffic marking coating" means a coating
				  labeled and formulated for marking and striping streets, highways and other
				  traffic surfaces including, but not limited to, curbs, berms, airport runways,
				  driveways and parking lots.
83.
				  "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 coatings must meet all of the
				  following criteria:
a. The coating must have
				  a scratch hardness of 3H or harder and a gouge hardness of 4H or harder. This
				  must be determined on bonderite 1000, in accordance with ASTM D 3363-05e2,
				  incorporated in §
												33.4(B) of
				  this Part; and
b. The coating must
				  have a weight loss of twenty (20) milligrams or less after one thousand (1000)
				  cycles. This must be determined with CD-17 wheels on bonderite 1000, in
				  accordance with ASTM D 4060-19, incorporated in §
												33.4(B) of
				  this Part; and
c. The coating must
				  withstand one thousand (1000) hours or more of exposure with few or no #8
				  blisters. This must be determined on unscribed bonderite, in accordance with
				  ASTM D4585/D 4585M-18, and ASTM D 714-02, incorporated §
												33.4(B) of
				  this Part; and
d. The coating must
				  have an adhesion rating of 4B or better after twenty-four (24) hours of
				  recovery. This must be determined on inscribed bonderite, in accordance with
				  ASTM D4585/D 4585M-18 and ASTM D 3359-17, incorporated in §
												33.4(B) of
				  this Part.
83.
				  "Undercoater" means a coating labeled and formulated to provide a smooth
				  surface for subsequent coatings.
84. "Varnish" means a clear or
				  semi-transparent wood coating, excluding lacquers and shellacs, formulated to
				  dry by chemical reaction on exposure to air. Varnishes may contain small
				  amounts of pigment to color a surface or to control the final sheen or gloss of
				  the finish.
85. "VOC content" means
				  the weight of VOC per volume of coating, calculated according to the procedures
				  specified in §
											33.10(A) 
				  of this Part.
86. "Waterproofing
				  sealer" means a coating which is labeled and formulated for application porous
				  substrates for the primary purpose of preventing the penetration of
				  water.
87. "Waterproofing
				  concrete/masonry sealer" means a clear or pigmented sealer that is labeled and
				  formulated for sealing concrete and masonry to provide resistance against
				  water, alkalis, acids, ultraviolet light, and staining.
88. "Waterproofing membrane" means a clear or
				  opaque coating that is labeled and formulated for application to concrete and
				  masonry surfaces to provide a seamless waterproofing membrane that prevents any
				  penetration of liquid water into the substrate. Waterproofing membranes are
				  intended for the following waterproofing applications: below-grade surfaces,
				  between concrete slabs, inside tunnels, inside concrete planters, and under
				  flooring materials. Waterproofing membranes must meet the following criteria:
a. Coating must be applied in a single coat
				  of at least twenty-five (25) mils (at least 0.025 inch) dry film thickness;
				  and
b. Coatings must meet or exceed
				  the requirements contained in ASTM C836/C 836M-18 incorporated in §
												33.4(B) 
				  of this Part.
c. The waterproofing
				  membrane category does not include topcoats that are included in the
				  Concrete/Masonry Sealer category (e.g., parking deck topcoats, pedestrian deck
				  topcoats, etc.).
89.
				  "Wood coatings" means coatings labeled and formulated for application to wood
				  substrates only. The wood coatings category includes the following clear and
				  semitransparent coatings: lacquers; varnishes; sanding sealers; penetrating
				  oils; clear stains; wood conditioners used as undercoats; and wood sealers used
				  as topcoats. The wood coatings category also includes the following opaque wood
				  coatings; opaque lacquers; opaque sanding sealers; and opaque lacquer
				  undercoaters. The wood coatings category does not include the following: clear
				  sealers that are labeled and formulated for use on concrete/masonry surfaces;
				  or coatings intended for substrates other than wood. Wood coatings must be
				  labeled "For Wood Substrates Only," in accordance with §
											33.8(A)(14)
				  of this Part.
90. "Wood
				  preservative" means any coating which is labeled and formulated to protect
				  exposed wood from decay or insect attack and which is registered as a pesticide
				  product with the United States Environmental Protection Agency under the
				  Federal Insecticide, Fungicide and Rodenticide Act,
				  7 U.S.C. §
												136
et seq
.
				  (1996).
91. "Wood substrate" means
				  a substrate made of wood, particleboard, plywood, medium density fiberboard,
				  rattan, wicker, bamboo, or composite products with exposed wood grain. Wood
				  products do not include items comprised of simulated wood.
92. "Zinc-rich primer" means a coating that
				  meets all of the following specifications:
a.
				  Coating contains at least sixty-five percent (65%) metallic zinc powder or zinc
				  dust by weight of total solids; and
b. Coating is formulated for application to
				  metal substrates to provide a firm bond between the substrate and subsequent
				  applications of coatings; and
c.
				  Coating is intended for professional use only and labeled as such, in
				  accordance with the labeling requirements in §
												33.8(A)(15)
				  of this Part.