Virginia Administrative Code › Title 9 - ENVIRONMENT › Agency 5 - STATE AIR POLLUTION CONTROL BOARD › Chapter 45 - CONSUMER AND COMMERCIAL PRODUCTS › Part II - Emission Standards › Article 5 - Emission Standards for Architectural and Industrial Maintenance Coatings › Section 9VAC5-45-540 - Definitions

Current through Register Vol. 40, No. 24, July 15, 2024
A. For the purpose
					 of applying this article in the context of the Regulations for the Control and
					 Abatement of Air Pollution and related uses, the words or terms shall have the
					 meanings given them in subsection C of this section.
B. As used in this article, all terms not
					 defined herein shall have the meanings given them in 9VAC5-10 (General
					 Definitions) unless otherwise required by context.
C. Terms defined.
"Adhesive" means any chemical substance that is applied
						for the purpose of bonding two surfaces together other than by mechanical
						means.
"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.
"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.
"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 shall
						be registered with both the U.S. EPA under the Federal Insecticide, Fungicide
						and Rodenticide Act ( 7 USC § 136 et seq.) and with the Pesticide Control
						Board under the provisions of Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2
						of the Code of Virginia.
"Appurtenance" means any accessory to a stationary
						structure coated at the site of installation, whether installed or detached,
						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 and fire escapes; and window
						screens.
"Architectural coating" means a coating to be applied to
						stationary structures or the 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 nonstationary structures such as
						airplanes, ships, boats, railcars, and automobiles, and adhesives are not
						considered architectural coatings for the purposes of this article.
"ASTM" means the American Society for Testing and
						Materials.
"Bitumens" 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 of asphalt or as residues from the distillation of crude petroleum or
						coal.
"Bituminous roof coating" means a coating that
						incorporates bitumens that is labeled and formulated exclusively for
						roofing.
"Bituminous roof primer" means a primer that consists of
						a coating or mastic formulated and recommended for roofing, pavement sealing,
						or waterproofing that incorporates bitumens.
"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.
"Calcimine recoater" means a flat solvent borne coating
						formulated and recommended specifically for recoating calcimine-painted
						ceilings and other calcimine-painted substrates.
"Clear brushing lacquers" means clear wood finishes,
						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 that are labeled as specified in subdivision 5 of
						9VAC5-45-560.
"Clear wood coatings" means clear and semitransparent
						coatings, including lacquers and varnishes, applied to wood substrates to
						provide a transparent or translucent solid film.
"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.
"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.
"Concrete curing compound" means a coating labeled and
						formulated for application to freshly poured concrete to retard the evaporation
						of water.
"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.
"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-component product. Conversion varnishes produce a hard,
						durable, clear finish designed for professional application to wood flooring.
						The film formation is the result of an acid-catalyzed condensation reaction,
						effecting a transetherification at the reactive ethers of the amino
						resins.
"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.
"Exempt compound" means a compound identified as exempt
						under the definition of Volatile Organic Compound (VOC) in
						9VAC5-10-20. Exempt compounds
						content of a coating shall be determined by Reference Method 24 or South Coast
						Air Quality Management District (SCAQMD) Method for Determination of Exempt
						Compounds (see
						9VAC5-20-21 ).
"Extreme durability coating" means an air-dried coating,
						including fluoropolymer-based coating, that is formulated and recommended for
						application to exterior metal surfaces and touch-up, repair, and overcoating of
						precoated metal surfaces, and that meets the weathering requirements of
						American Architectural Manufacturers Association Voluntary Specification -
						Performance Requirements and Test Procedures for High Performance Organic
						Coatings on Aluminum Extrusions and Panels (see
						9VAC5-20-21 ).
"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.
"Fire-resistive coating" means an opaque coating labeled
						and formulated to protect the 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 shall be tested in accordance with ASTM Standard Test
						Method for Fire Tests of Building Construction Materials (see
						9VAC5-20-21 ).
"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 building and construction materials into compliance with federal,
						state, and local building code requirements. The fire-retardant coating shall
						be tested in accordance with ASTM Standard Test Method for Surface Burning
						Characteristics of Building Construction Materials (see
						9VAC5-20-21 ).
"Flat coating" means a coating that is not defined under
						any other definition in this article and that registers gloss less than 15 on
						an 85-degree meter or less than five on a 60-degree meter according to ASTM
						Standard Test Method for Specular Gloss (see
						9VAC5-20-21 ).
"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, that may be subjected to
						foot traffic.
"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.
"Form-release compound" means a coating labeled and
						formulated for application to a concrete form to prevent the freshly poured
						concrete from bonding to the form. The form may consist of wood, metal, or some
						material other than concrete.
"Graphic arts coating or sign paint" means a coating
						labeled and formulated for hand-application by artists using brush or roller
						techniques to indoor and outdoor signs (excluding structural components) and
						murals including letter enamels, poster colors, copy blockers, and bulletin
						enamels.
"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).
"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 caused by
						floating ice or debris.
"Industrial maintenance coating" means a high-performance
						architectural coating, including primers, sealers, undercoaters, intermediate
						coats, and topcoats, formulated for application to substrates exposed to one or
						more of the following extreme environmental conditions, and labeled as
						specified in subdivision 4 of
						9VAC5-45-560:
1. Immersion in water, wastewater, or
					 chemical solutions (aqueous and nonaqueous solutions), or chronic exposures of
					 interior surfaces to moisture condensation;
2. Acute or chronic exposure to corrosive,
					 caustic, or acidic agents, or to chemicals, chemical fumes, or chemical
					 mixtures or solutions;
3. Repeated
					 exposure to temperatures above 121°C (250°F);
4. Repeated (frequent) heavy abrasion,
					 including mechanical wear and repeated (frequent) scrubbing with industrial
					 solvents, cleansers, or scouring agents; or
5. Exterior exposure of metal structures and
					 structural components.
"Lacquer" means a clear or opaque wood coating, including
						clear lacquer sanding sealers, formulated with cellulosic or synthetic resins
						to dry by evaporation without chemical reaction and to provide a solid,
						protective film.
"Low-solids coating" means a coating containing 0.12
						kilogram or less of solids per liter (1 pound or less of solids per gallon) of
						coating material.
"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.
"Mastic texture coating" means a coating labeled and
						formulated to cover holes and minor cracks and to conceal surface
						irregularities, and is applied in a single coat of at least 10 mils (0.010
						inch) dry film thickness.
"Metallic pigmented coating" means a coating containing
						at least 48 grams of elemental metallic pigment, mica particles or any
						combination of metallic pigment or mica particles per liter of coating as
						applied (0.4 pounds per gallon), when tested in accordance with South Coast Air
						Quality Air Management District (SCAQMD) Method for Determination of Weight
						Percent Elemental Metal in Coatings by X-Ray Diffraction (see
						9VAC5-20-21 ).
"Multicolor coating" means a coating that is packaged in
						a single container and that exhibits more than one color when applied in a
						single coat.
"Nonflat coating" means a coating that is not defined
						under any other definition in this article and that registers a gloss of 15 or
						greater on an 85-degree meter and 5 or greater on a 60-degree meter according
						to ASTM Standard Test Method for Specular Gloss (see
						9VAC5-20-21 ).
"Nonflat high-gloss coating" means a nonflat coating that
						registers a gloss of 70 or above on a 60-degree meter according to ASTM
						Standard Test Method for Specular Gloss (see
						9VAC5-20-21 ).
"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.
"Nuclear coating" means a protective coating formulated
						and recommended to seal porous surfaces such as steel (or concrete) that
						otherwise would be subject to intrusions by radioactive materials. These
						coatings must be resistant to long-term (service life) cumulative radiation
						exposure as determined by ASTM Standard Test Method for Effects of Gamma
						Radiation on Coatings for Use in Light-Water Nuclear Power Plants (see
						9VAC5-20-21 ), relatively easy to
						decontaminate, and resistant to various chemicals to which the coatings are
						likely to be exposed as determined by ASTM Standard Test Method for Chemical
						Resistance of Coatings Used in Light-Water Nuclear Power Plants (see
						9VAC5-20-21 ).
"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.
"Pretreatment wash primer" means a primer that contains a
						minimum of 0.5% acid, by weight, when tested in accordance with ASTM Standard
						Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in
						Paint, Varnish, Lacquer and Related Products (see
						9VAC5-20-21 ), that is labeled and
						formulated for application directly to bare metal surfaces to provide corrosion
						resistance and to promote adhesion of subsequent topcoats.
"Primer" means a coating labeled and formulated for
						application to a substrate to provide a firm bind between the substrate and
						subsequent coats.
"Quick-dry enamel" means a nonflat coating that is
						labeled as specified in subdivision 8 of
						9VAC5-45-560 and that is formulated
						to have the following characteristics:
1. Is capable of being applied directly from
					 the container under normal conditions with ambient temperatures between 16 and
					 27°C (60 and 80°F);
2. When
					 tested in accordance with ASTM Standard Methods for Drying, Curing, or Film
					 Formation of Organic Coatings at Room Temperature (see
					 9VAC5-20-21 ), sets to touch in two
					 hours or less, is tack free in four hours or less, and dries hard in eight
					 hours or less by the mechanical test method; and
3. Has a dried film gloss of 70 or above on a
					 60-degree meter.
"Quick-dry primer sealer and undercoater" means a primer,
						sealer, or undercoater that is dry to the touch in 30 minutes and can be
						recoated in two hours when tested in accordance with ASTM Standard Methods for
						Drying, Curing, or Film Formation of Organic Coatings at Room Temperature (see
						9VAC5-20-21 ).
"Recycled coating" means an architectural coating
						formulated such that not less than 50% of the total weight consists of
						secondary and post-consumer coating, with not less than 10% of the total weight
						consisting of post-consumer coating.
"Residence" means areas where people reside or lodge,
						including, but not limited to, single and multiple family dwellings,
						condominiums, mobile homes, apartment complexes, motels, and hotels.
"Roof coating" means a nonbituminous 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.
"Rust-preventive coating" means a coating formulated
						exclusively for nonindustrial use to prevent the corrosion of metal surfaces
						and labeled as specified in subdivision 6 of
						9VAC5-45-560.
"Sanding sealer" means a clear or semitransparent 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.
"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.
"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.
"Shellac" means a clear or opaque coating formulated
						solely with the resinous secretions of the lac beetle (Laciffer lacca), thinned
						with alcohol, and formulated to dry by evaporation without a chemical
						reaction.
"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 (e.g.,
						original equipment manufacturing coatings).
"Solicit" means to require for use or to specify by
						written or oral contract.
"Specialty primer, sealer, and undercoater" means a
						coating labeled as specified in subdivision 7 of
						9VAC5-45-560 and that is formulated
						for application to a substrate to seal fire, smoke or water damage; to
						condition excessively chalky surfaces; or to block stains. An excessively
						chalky surface is one that is defined as having a chalk rating of four or less
						as determined by ASTM Standard Test Methods for Evaluating the Degree of
						Chalking of Exterior Paint Films (see
						9VAC5-20-21 ).
"Stain" means a clear, semitransparent, or opaque coating
						labeled and formulated to change the color of a surface, but not conceal the
						grain pattern or texture.
"Swimming pool coating" means a coating labeled and
						formulated to coat the interior of swimming pools and to resist swimming pool
						chemicals.
"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.
"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 204°C (400°F).
"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% 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.
"Tint base" means an architectural coating to which
						colorant is added after packaging in sale units to produce a desired
						color.
"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, berets, driveways, parking lots,
						sidewalks, and airport runways.
"Undercoater" means a coating labeled and formulated to
						provide a smooth surface for subsequent coatings.
"Varnish" means a clear or semitransparent 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 control the fetal sheen or gloss of the finish.
"VOC content" means the weight of VOC per volume of
						coating, calculated according to the procedures specified in
						9VAC5-45-590 B.
"Waterproofing concrete/masonry sealer" means a clear or
						pigmented film-forming coating that is labeled and formulated for sealing
						concrete and masonry to provide resistance against water, alkalis, acids,
						ultraviolet light, and staining.
"Waterproofing sealer" means a coating labeled and
						formulated for application to a porous substrate for the primary purpose of
						preventing the penetration of water.
"Wood preservative" means a coating labeled and
						formulated to protect exposed wood from decay or insect attack that is
						registered with both the U.S. EPA under the Federal Insecticide, Fungicide, and
						Rodenticide Act ( 7 USC § 136, et seq.) and with the Pesticide Control
						Board under the provisions of Chapter 39 (§ 3.2-3900 et seq.) of Title 3.2
						of the Code of Virginia.