7 Del. Admin. Code § 1141-1.0
Terms used but not defined in Section 1.0 of this regulation shall have the meaning given them in 7 DE Admin. Code 1101 or the CAA, in that order of priority.
"Adhesive" means any chemical substance that is applied for the purposes 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.
"Aluminum Roof Coating" means, for products manufactured on or after March 1, 2017, a coating labeled and formulated exclusively for application to roofs and containing at least 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 by reference in subsection 1.6 .5.4 of this regulation.
"Antenna coating" means, for products manufactured before March 1, 2017, a coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals. For products manufactured on or after March 1, 2017, the antenna coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable category in Table 1-1 of this regulation.
"Anti-fouling coating" means, for products manufactured before March 1, 2017, 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 anti-fouling coating, the coating must be registered with the U. S. EPA under the Federal Insecticide, Fungicide and Rodenticide Act (7 U. S. C. Section 136 et seq.) and with the Department of Agriculture of the State of Delaware under 3 Del.C. Ch. 12. For products manufactured on or after March 1, 2017, the antifouling coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"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 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, as well as adhesives are not considered architectural coatings for the purpose of Section 1.0 of this regulation.
"ASTM" means the American Society for Testing and Materials International.
"BAAQMD" means the Bay Area Air Quality Management District in the State of California.
"Basement specialty coating" means, for products manufactured on or after March 1, 2017, 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:
"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 or as residues from the distillation of crude petroleum or coal.
"Bituminous roof coating" means a coating which incorporates bitumens that is labeled and formulated exclusively for roofing for the primary purpose of preventing water penetration.
"Bituminous roof primer" means a primer which incorporates bitumens that is labeled and formulated exclusively for roofing and intended for the purpose of preparing a weathered or aged surface or improving the adhesion of subsequent surfacing components.
"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 was poured.
"CAA" means the Clean Air Act, as amended in 1990.
"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, for products manufactured before March 1, 2017, clear wood coatings, 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 subsection 1.4 .5 of this regulation. For products manufactured on or after March 1, 2017, the clear brushing lacquers coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"Clear wood coatings" means, for coatings manufactured before March 1, 2017, clear and semi-transparent coatings, including clear brushing lacquers, clear lacquer sanding sealers, sanding sealers other than clear lacquer sanding sealers and varnishes, applied to wood substrates to provide a transparent or translucent film. For products manufactured on or after March 1, 2017, the clear wood coatings category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"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, and/or binder that is added to an architectural coating after packaging in sales units to produce the desired color.
"Concrete curing compound" means a coating labeled and formulated for application to freshly poured concrete to perform one or more of the following functions:
"Concrete/Masonry sealer" means, for products manufactured on or after March 1, 2017, 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:
"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.
"Conjugated oil varnish" means, for products manufactured on or after March 1, 2017, a clear or semi-transparent wood coating, labelled 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 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.
"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. Film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification at the reactive ethers of the amino resins.
"Driveway sealer" means, for products manufactured on or after March 1, 2017, a coating labelled and formulated for application to worn asphalt driveway surfaces to perform one or more of the following functions:
"Dry fog coating" means a coating labeled and formulated only for spray application such that over spray 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 7 DE Admin. Code 1101. Exempt compound content of a coating shall be determined by U. S. EPA Method 24, methods referenced in ASTM D 3960-05, or South Coast Air Quality Management District (SCAQMD) Method 303-91 (Revised February 1993), incorporated by reference in subsection 1.6 .5.10 of this regulation.
"Faux finishing coating" means a coating labeled and formulated to meet one or more of the following criteria:
"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. The fire-resistive category 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. The fire-resistive coating and the testing agency must be approved by State of Delaware building code officials for the County or local jurisdiction. The fire-resistive coating shall be tested in accordance with ASTM E 119-08, incorporated by reference in subsection 1.6 .5.2 of this regulation.
"Fire-retardant coating" means, for products manufactured before March 1, 2017, a coating labeled and formulated to retard ignition and flame spread, that has been fire tested and rated by a testing agency approved by State of Delaware building code officials for the County or local jurisdiction for use in bringing building and construction materials into compliance with federal, state and local building code requirements. The fire-retardant coating and the testing agency must be approved by State of Delaware building code officials for the County or local jurisdiction. The fire-retardant coating shall be tested in accordance with ASTM E84-07, incorporated by reference in subsection 1.6 .5.1 of this regulation. For products manufactured on or after March 1, 2017, the fire-retardant coating category is eliminated and coatings meeting this definition are subject to the VOC limit of their primary category (e.g. Flat, Non-flat, Non-flat - high gloss).
"Flat coating" means a coating that is undefined under any other definition in subsection 1.2 of this regulation and that registers gloss less than 15 on an 85-degree meter or less than 5 on a 60-degree meter according to ASTM D 523-89 (1999), incorporated by reference in subsection 1.6 .5.3 of this regulation.
"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, which may be subjected to foot traffic.
"Flow coating" means, for a product manufactured before March 1, 2017, 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. For products manufactured on or after March 1, 2017, the flow coating category is eliminated and coatings meeting this definition are subject to the VOC content limit of the applicable coating category in Table 1-1 of this regulation.
"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, airbrush, 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, including floors, exposed to one or more of the extreme environmental conditions listed in (1) through (5) under this definition and labeled as specified in subsection 1.4 .4 of this regulation:
"Intumescent" means a material that swells as a result of heat exposure thus increasing in volume and decreasing in density.
"Lacquer" means, for products manufactured before March 1, 2017, 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. For products manufactured on or after March 1, 2017, the lacquer category is eliminated and coatings meeting this definition are subject to the VOC content limit of the applicable coating category in Table 1-1 of this regulation.
" Low-solids coating" means a coating containing 0.12 kilogram or less of solids per liter (one pound or less of solids per gallon) of coating material as recommended for application by the manufacturer. The VOC content for low-solids coatings shall be calculated in accordance with subsection 1.6 .1.2 of this regulation.
"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.
"Manufacturer's maximum thinning recommendation" means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.
"Mastic texture coating" means a coating labeled and formulated to cover holes and minor cracks and to conceal surface irregularities, that is recommended to be applied in a single coat of at least 10 mils (at least 0.010 inch) dry film thickness.
"Medium density fiberboard" means a composite wood product, panel, molding, or other building material composed of cellulose fibers (usually wood) made by dry forming and pressing of resinated fiber mat.
"Metallic pigmented coating" means a coating that is labeled and formulated to produce a metallic appearance. Metallic pigmented coatings must contain at least 48 grams of elemental metallic pigment (excluding zinc) per liter of coating as applied (at least 0.4 pounds per gallon), when tested in accordance with SCAQMD Method 318-95, incorporated by reference in subsection 1.6 .5.4 of this regulation. For products manufactured on or after March 1, 2017, the metallic pigmented coating category does not include coatings applied to roofs or zinc-rich primers.
"Multi-color coating" means a coating that is packaged in a single container and that is labeled and formulated to exhibit more than one color when applied in a single coat.
" Non-flat coating" means a coating that is undefined under any other definition in subsection 1.2 of this regulation 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 D 523-89 (1999), incorporated by reference in subsection 1.6 .5.3 of this regulation.
" Non-flat - high gloss coating" means a non-flat coating that registers a gloss of 70 or greater on a 60-degree meter according to ASTM D 523-89 (1999), incorporated by reference in subsection 1.6 .5.3 of this regulation. Non-flat - high gloss coatings must be labeled in accordance with subsection 1.4 .9 of this regulation.
"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 when tested in accordance with ASTM D 4082-02, incorporated by reference in subsection 1.6 .5.14 of this regulation, relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed when tested in accordance with ASTM D 3912-95(2001), incorporated by reference in subsection 1.6 .5.15 of this regulation.
" Particle board" means a composite wood product panel, molding, or other building material composed of cellulose material (usually wood) in the form of discrete particles, as distinguished from fibers, flakes, or strands, which are pressed together with resin.
"Pearlescent" means exhibiting various colors depending on the angles of illumination and viewing, as observed in mother-of-pearl.
"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.
"Post-consumer coating" means 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.
" Pre-treatment wash primer" means a primer that contains a minimum of 0.5 percent acid, by weight, when tested in accordance with ASTM D 1613-06, incorporated by reference in subsection 1.6 .5.5 of this regulation, 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, for products manufactured before March 1, 2017, a coating labeled and formulated for application to a substrate to provide a firm bond between the substrate and subsequent coats. For products manufactured on or after March 1, 2017, the primer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"Primer, sealer, and undercoater" means a coating labeled and formulated for one or more of the following purposes:
"Quick-dry enamel" means, for products manufactured before March 1, 2017, a non-flat coating that is labeled as specified in subsection 1.4 .8 of this regulation and that is formulated to have the following characteristics:
For products manufactured on or after March 1, 2017, the quick-dry enamel coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"Quick-dry primer, sealer and undercoater" means, for products manufactured before March 1, 2017, a primer, sealer, or undercoater that is dry to the touch in 30 minutes and can be re-coated in two hours when tested in accordance with ASTM D 1640-95 (1999), incorporated by reference in subsection 1.6 .5.6 of this regulation. For products manufactured on or after March 1, 2017, the quick-dry, primer, sealer and undercoater coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"Reactive penetrating carbonate stone sealer" means, for products manufactured on or after March 1, 2017, 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 the 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 of the following criteria:
"Reactive penetrating sealer" means, for products manufactured on or after March 1, 2017, 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 hydrophobic coating, but do not form a surface film. Reactive penetrating sealers must meet all the following criteria:
"Recycled coating" means an architectural coating formulated such that it contains a minimum of 50% by volume post-consumer coating, with a maximum of 50% by volume secondary industrial materials or virgin materials.
"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.
"Rust preventive coating" means a coating formulated to prevent the corrosion of metal surfaces for one or more of the following applications:
The rust preventive coating category does not include the following:
Rust preventive coatings are for metal substrates only and must be labeled in accordance with the labeling requirements of subsection 1.4 .6 of this regulation.
"Sanding sealer" means, for products manufactured before March 1, 2017, a clear 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 is included in the lacquer category. For products manufactured on or after March 1, 2017, the sanding sealer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"SCAQMD" means the South Coast Air Quality Management District in the State of California.
"Sealer" means, for products manufactured before March 1, 2017, 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. For products manufactured on or after March 1, 2017 the sealer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"Secondary industrial materials" means products or by-products of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended use.
"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.
"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.
"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 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, for products manufactured before March 1, 2017, a coating labeled as specified in subsection 1.4 .7 of this regulation and that is formulated for application to a substrate to seal fire, smoke or water damage; to condition excessively chalky surfaces; to seal efflorescence; 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 D 4214-07, incorporated by reference in subsection 1.6 .5.7 of this regulation. For products manufactured on or after March 1, 2017, 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. Specialty primer, sealer, and undercoater coatings must be labeled in accordance with subsection 1.4 .7 of this regulation.
"Stain" means a semi-transparent, or opaque coating labeled and formulated to change the color of a surface, but not to conceal the grain pattern or texture.
"Stone consolidant" means, for products manufactured on or after March 1, 2017, 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 must be specified and used in accordance with ASTM E 2167-01, incorporated by reference in subsection 1.6 .5.26 of this regulation. Stone consolidants are for professional use only and must be labeled in accordance with the labeling requirements in subsection 1.4 .13 of this regulation.
"Swimming pool coating" means a coating labeled and formulated to coat the interior of swimming pools and to resist swimming pool chemicals. For products manufactured on or after March 1, 2017, swimming pool coatings include coatings used for swimming pool repair and maintenance.
"Swimming pool repair and maintenance coating" means, for products manufactured before March 1, 2017, a rubber-based coating labeled and formulated to be used over existing rubber-based coatings for the repair and maintenance of swimming pools. For products manufactured on or after March 1, 2017, the swimming pool repair and maintenance coating category is eliminated and coatings meeting this definition are included in the swimming pool coating category.
"Temperature-indicator safety coating" means, for products manufactured before March 1, 2017, 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). For products manufactured on or after March 1, 2017, the temperature-indicator safety coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"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.
"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, berms, driveways, parking lots, sidewalks, and airport runways.
"Tub and tile refinish coating" means, for products manufactured on or after March 1, 2017, 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:
"Varnish" means, for products manufactured before March 1, 2017, 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.For coatings manufactured on or after March 1, 2017, the varnish coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"Veneer" means thin sheets of wood peeled or sliced from logs for use in the manufacture of wood products such as plywood, laminated veneer lumber, or other products.
"Virgin materials" means materials that contain no post-consumer coatings or secondary industrial coatings.
"VOC actual" means the VOC content of a low-solids coating as determined by using the procedures specified in subsection 1.6 .1.2 of this regulation.
"VOC content" means the weight of VOC per volume of coating, calculated according to the procedures specified in subsection 1.6 .1 of this regulation.
"VOC regulatory" means the VOC content of a coating, excluding low-solids coatings, as determined using the procedures specified in subsection 1.6 .1.1 of this regulation.
"Waterproofing sealer" means, for products manufactured before March 1, 2017, a coating labeled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water. For products manufactured on or after March 1, 2017, the waterproofing sealer coating category is eliminated and products meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation. "Waterproofing concrete/masonry sealer" means, for products manufactured before March 1, 2017, 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. For products manufactured on or after March 1, 2017, the waterproofing concrete/masonry sealer coating category is eliminated and coatings meeting this definition are subject to the VOC limit of the applicable coating category in Table 1-1 of this regulation.
"Waterproofing membrane" means, for products manufactured on or after March 1, 2017 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 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:
The waterproofing membrane coating category does not include topcoats that are included in the waterproofing concrete/masonry sealer coating category (e.g. parking deck topcoats, pedestrian deck topcoats, etc.).
"Wood coatings" means, for products manufactured on or after March 1, 2017, coatings labeled and formulated for application to wood substrates only. The wood coatings category includes the following clear and semi-transparent 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 lacquer; 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 subsection 1.4 .14 of this regulation.
"Wood preservative" means a coating labeled and formulated to protect exposed wood from decay or insect attack, that is registered with the U.S. EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section 136, et. seq.) and with the Department of Agriculture of the State of Delaware under 3 Del.C. Ch. 12.
"Wood substrate" means, a substrate made of wood, particle board, plywood, medium density fiberboard, rattan, wicker, bamboo, or composite products with exposed wood grain. Wood substrate does not include items comprised of simulated wood.
"Zinc-Rich primer" means, for products manufactured on or after March 1, 2017, a coating that meets all if the following specifications:
Each manufacturer of any architectural coatings subject to this rule shall display the information listed in subsections 1.4 .1 through 1.4.15 of this regulation on the coating container (or label) in which the coating is sold or distributed, on or after the compliance date in Table 1-1 of this regulation.
For products manufactured on or after March 1, 2017, if the manufacturer does not recommend thinning, the container must display the VOC content, as supplied. If the manufacturer recommends thinning, the container must display the VOC content, including the maximum amount of thinning solvent recommended by the manufacturer. If the coating is a multi-component product, the container must display the VOC content as mixed or catalyzed. If the coating contains silanes, siloxanes or other ingredients that generate ethanol or other VOC during the curing process, the VOC content must include the VOC emitted during curing. VOC content displayed shall be calculated using product formulation data or shall be determined using the test methods in subsection 1.6 .2 of this regulation. The equations in subsection 1.6 .1 of this regulation shall be used to calculate the VOC content. Therefore, each container of any coating subject to this regulation shall display one of the following in grams of VOC per liter of coating, as supplied:
Click here to view Image (1-1)
Where:
VOC Content = grams of VOC per liter of coating;
Ws = weight of volatiles, in grams;
Ww = weight of water, in grams;
Wec = weight of exempt compounds, in grams;
Vm = volume of coating, in liters;
Vw = volume of water, in liters;
Vec = volume of exempt compounds, in liters.
Click here to view Image (1-2)
where:
VOC Content (ls) = the VOC content of a low-solids coating in grams per liter of coating;
Ws = weight of volatile, in grams;
Ww = weight of water, in grams;
Wec = weight of exempt compounds, in grams;
Vm = volume of coating, in liters.
To determine the VOC content of a coating, the manufacturer may use U.S. EPA Method 24, or an alternative method, as provided in subsection 1.6 .3 of this regulation, formulation data, or any other reasonable means for predicting that the coating has been formulated as intended (e.g. quality assurance checks, recordkeeping). However, if there are any inconsistencies between the results of a Method 24 test and any other means for determining VOC content, the Method 24 results will govern, except when an alternative method is approved as specified in subsection 1.6 .3 of this regulation. The Secretary may require the manufacturer to conduct a Method 24 analysis.
Exempt compound content shall be determined by SCAQMD Method 303-91 (revised 1993), incorporated by reference in subsection 1.6 .5.10 of this regulation. The exempt compound parachlorobenzotrifluoride (PCBTF) shall be determined by BAAQMD Method 41, incorporated by reference in subsection 1.6 .5.9 of this regulation. Exempt compounds that are cyclic, branched, or linear, completely methylated siloxanes, shall be determined by BAAQMD Method 43, incorporated by reference in subsection 1.6 .5.8 of this regulation.
TABLE 1-1
VOC CONTENT LIMITS FOR ARCHITECTURAL COATINGS
Note: Limits are expressed in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation (as indicated on the label or lid of the coating container), excluding the volume of any water, exempt compounds, or colorant added to tint bases.
| Coating Category | VOC Content Limit | |
| Compliance Date 1/1/2005 through 2/28/2017 | Compliance Date Effective 3/1/2017 | |
| Flat Coatings | 100 | 50 |
| Non-flat Coatings | 150 | 100 |
| Non-flat-High Gloss Coatings | 250 | 150 |
| Specialty Coatings | ||
| Aluminum Roof | N/A | 450 |
| Antenna Coatings | 530 | N/A |
| Anti-fouling Coatings | 400* | N/A |
| Basement Specialty Coatings | N/A | 400 |
| Bituminous Roof Coatings | 300 | 270 |
| Bituminous Roof Primers | 350 | 350 |
| Bond Breakers | 350 | 350 |
| Calcimine Recoaters | 475* | 475* |
| Clear Wood Coatings | ||
| Clear Brushing Lacquers | 680 | N/A |
| Lacquers (including lacquer sanding sealers) | 550 | N/A |
| Sanding Sealers (not lacquer sanding sealers) | 350 | N/A |
| Varnishes | 350 | N/A |
| Conversion Varnish | 725* | See below |
| Concrete Curing Compounds | 350* | 350* |
| Concrete/Masonry Sealer | N/A | 100 |
| Concrete Surface Retarders | 780* | 780* |
| Conjugated Oil Varnish | N/A | 450 |
| Conversion Varnish | 725* | 725* |
| Driveway Sealers | N/A | 50 |
| Dry Fog Coatings | 400* | 150 |
| Faux Finishing Coatings | 350 | 350 |
| Fire-resistive Coatings | 350 | 350 |
| Fire-retardant Coatings | ||
| Clear | 650 | N/A |
| Opaque | 350 | N/A |
| Floor Coatings | 250 | 100 |
| Flow Coatings | 420 | N/A |
| Form-release Compounds | 250 | 250 |
| Graphic Arts Coatings (Sign Paints) | 500* | 500* |
| High-temperature Coatings | 420 | 420 |
| Impacted Immersion Coatings | 780* | 780* |
| Industrial Maintenance Coatings | 340 | 250 |
| Low-solids Coating | 120*(1) | 120*(1) |
| Magnesite Cement Coatings | 450 | 450 |
| Mastic Texture Coatings | 300* | 100 |
| Metallic Pigmented Coatings | 500 | 500 |
| Multi-color Coatings | 250 | 250 |
| Nuclear Coatings | 450* | 450* |
| Pre-treatment Wash Primers | 420 | 420 |
| Primers, Sealers, and Undercoaters | 200 | 100 |
| Quick-dry Enamels | 200 | N/A |
| Quick-dry Primers, Sealers, and Undercoaters | 200 | N/A |
| Reactive Penetrating Carbonate Stone Sealer | N/A | 500 |
| Reactive Penetrating Sealer | N/A | 350 |
| Recycled Coatings | 250 | 250 |
| Roof Coatings | 250 | 250 |
| Rust Preventative Coatings | 400* | 250 |
| Shellacs | ||
| Clear | 730 | 730 |
| Opaque | 550 | 550 |
| Specialty Primers, Sealers, and Undercoaters | 350 | 100 |
| Stains | 250 | 250 |
| Stone Consolidant | N/A | 450 |
| Swimming Pool Coatings | 340 | 340 |
| Swimming Pool Repair and Maintenance Coatings | 340 | N/A |
| Temperature-indicator Safety Coatings | 550 | N/A |
| Thermoplastic Rubber Coatings and Mastic | 550* | 550* |
| Traffic Marking Coatings | 150* | 100 |
| Tub and Tile Refinish | N/A | 420 |
| Waterproofing Membranes | N/A | 250 |
| Waterproofing Sealers | 250 | N/A |
| Waterproofing Concrete/Masonry Sealers | 400 | N/A |
| Wood Coatings | N/A | 275 |
| Wood Preservatives | 350 | 350 |
| Zinc-rich Primer | N/A | 340 |
* Indicates limits and definition unchanged from the Federal rule (40CFR59 Subpart D) "National Volatile Organic Compound Emission Standards for Architectural Coatings" which is still in effect.
7 Del. Admin. Code § 1141-1.0