N.J. Admin. Code § 7:27-23.3

Current through Register Vol. 56, No. 21, November 4, 2024

Section 7:27-23.3 - Standards

(a) Except as provided in N.J.A.C. 7:27-23.1(b) through (e) and (h) below, no person shall manufacture, blend, repackage, supply or distribute for sale within the State of New Jersey; sell or offer for sale within the State of New Jersey; or apply for compensation within the State of New Jersey, any architectural coating manufactured after the operative date in (i) Table 1 below, and containing a VOC content in excess of the corresponding limit specified in (i) Table 1 below.

(b) If anywhere on the container of an architectural coating, or on any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in (i) Table 1 below, then the most restrictive applicable VOC content limit shall apply. This provision does not apply to the following coating categories:

1. Antenna coating;

2. Antifouling coating;

3. Bituminous roof primer;

4. Calcimine recoater;

5. Concrete surface retarder;

6. Conversion varnish;

7. Fire-retardant coating;

8. Flow coating;

9. High-temperature coating;

10. Impacted Immersion coating;

11. Industrial maintenance coating;

12. Lacquer coating (including lacquer sanding sealer);

13. Low-solids coating;

14. Metallic pigmented coating;

15. Nuclear coating;

16. Pretreatment wash primer;

17. Shellac;

18. Specialty primer, sealer, and undercoater;

19. Temperature-indicator safety coating;

20. Thermoplastic rubber coating and mastic; and

21. Wood preservative coating.

(c) With the exception of any coating that does not display on its label the date of manufacture or date code as required by N.J.A.C. 7:27-23.5(a), any coating manufactured prior to the operative date of the VOC limit specified for that coating in (i) Table 1 below, that complied with the VOC content limits in effect at the time of its manufacture, may be:

1. Sold, supplied, or offered for sale before or after that specified operative date; or

2. Applied at any time before or after that specified operative date.

(d) All containers used in the direct application of an architectural coating by pouring, siphoning, brushing, rolling, padding, ragging, or other means, shall be closed when not in use. These containers shall include, but are not limited to, drums, buckets, cans, pails or trays. Containers of VOC-containing materials used for thinning and cleanup shall also be closed when not in use.

(e) No person, who applies an architectural coating for compensation, shall apply an architectural coating that has been thinned to the extent that it exceeds the applicable VOC limit specified in (i) Table 1 below.

(f) No person, who applies an architectural coating for compensation, shall apply a rust preventive coating for industrial use, unless such rust preventive coating complies with the industrial maintenance coating VOC limit specified in (i) Table 1 below, regardless of the date of manufacture.

(g) For any coating that cannot be classified under any of the specialty coating categories listed in (i) Table 1 below, the VOC content limit shall be determined by classifying the coating as a flat coating or a non-flat coating, based on its gloss, as defined in N.J.A.C. 7:27-23.2. The corresponding VOC content limit shall then apply.

(h) Not withstanding the provisions of (a) above, a person may add up to 10 percent by volume of VOC to a lacquer and then apply that lacquer, to avoid blushing of the finish, provided that:

1. The relative humidity at the time of application is greater than 70 percent;

2. The temperature at the time of application is below 65 degrees Fahrenheit;

3. The coating contains acetone; and

4. The coating contains no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition of VOC.

(i) Table 1 contains the VOC content limits for architectural coatings:

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Data in image

Data in image

(j) The provisions of (a) above shall not apply to an architectural coating if the coating and/or manufacturer has been granted a limited timeframe variance or exemption by another state or one of the California air quality management districts that has promulgated a rule substantially equivalent to, and that has product categories and VOC content limits identical to, N.J.A.C. 7:27-23. The variance or exemption shall be used in New Jersey to comply with this subchapter only if:

1. The variance or exemption is in effect (the Department shall consider a variance to be in effect if the issuing agency deems the variance to be in effect);

2. The product for which the variance or exemption is being used to comply with this subchapter meets the following:

i. The product belongs to a category that is subject to a VOC content limit set in Table 1 in (i) above; and

ii. The VOC content limit promulgated for this product by the agency that issued the variance or exemption, is equal to the most stringent applicable VOC content limit in Table 1 in (i) above;

3. Prior to relying on a variance or exemption for compliance with this subchapter, the manufacturer submits to the Department, at the address in (k) below, the following:

i. A statement that, for a specified product that it manufactures, it intends to comply with this subchapter under a variance or exemption rather than meet the applicable VOC content standards in Table 1 in (i) above;

ii. The brand name of the product, and the specific category in Table 1 in (i) above to which the product belongs;

iii. A copy of the document(s) setting forth the variance or exemption; the issuing agency's approval; the issuing agency's conditions of its approval; and any documents from the issuing agency that subsequently modify or terminate its conditions of approval; documentation demonstrating compliance with the variance or exemption;

iv. The number of gallons sold, in containers greater than 1 liter, annually, in New Jersey; and

v. The VOC content of the coating; and

4. The manufacturer includes in its electronic registration, submitted pursuant to N.J.A.C. 7:27-24.6(c), an indication that, for the specified product, it is complying with this subchapter under a variance or exemption.

(k) Information required to be submitted to the Department pursuant to (j)3 above shall be submitted to the following address: Department of Environmental Protection

Bureau of Air Quality Planning

Attn: Architectural Coating Variance

401 East State Street

Mail Code 401-07H

PO Box 420

Trenton, New Jersey 08625-0420

N.J. Admin. Code § 7:27-23.3

Petition for Rulemaking: grandfathering of existing stock of architectural coatings.
See: 21 N.J.R. 2132(d), 21 N.J.R. 2403(c).
Amended by R.1989 d.568, effective 11/6/1989 (operative December 12, 1989).
See: 21 N.J.R. 1055(a), 21 N.J.R. 3488(a).
Coatings categorized by groups and exemption for small containers at (c)2.
Amended by R.1990 d.342, effective 7/16/1990.
See: 21 N.J.R. 3360(a), 22 N.J.R. 2145(b).
Subsection (b) added, effective 2/28/1993.
Amended by R.1992 d.102, effective 3/2/1992 (operative March 28, 1992).
See: 23 N.J.R. 1858(b), 24 N.J.R. 792(a).
"VOS" replaced by "VOC"; at Table 1, Group II, Stain: semitransparent, maximum changed to 4.6 from 4.5.
Amended by R.2004 d.236, effective 6/21/2004 (operative July 20, 2004).
See: 35 N.J.R. 2983(a), 35 N.J.R. 4241(a), 36 N.J.R. 3078(a).
Rewrote the section.
Administrative change.
See: 43 N.J.R. 2328(a).