Section 250-RICR-120-05-44.6 - Applicability and ExemptionsA. Except as provided in §§ 44.6(B) and (C) of this Part, the provisions of this regulation apply to any person who sells, offers for sale, supplies or manufactures any adhesive, sealant, adhesive primer or sealant primer for use within the State of Rhode Island, as well as any person who uses or solicits the use of any adhesive, sealant, adhesive primer or sealant primer within the State of Rhode Island.B. The provisions of this regulation do not apply to the following: 1. Testing or evaluation of adhesives, sealants, adhesive primers or sealant primers in a research and development, quality assurance or analytical laboratory, provided that records are maintained as specified in § 44.9(C) of this Part;2. Adhesives, sealants, adhesive primers and sealant primers that are subject to Part 31 of this Subchapter (Control of Volatile Organic Compounds from Consumer Products), or Part 33 of this Subchapter (Control of Volatile Organic Compounds from Architectural Coatings and Industrial Maintenance Coatings);3. Adhesives and sealants that contain less than twenty (20) grams of VOC per liter of product, less water, as applied;4. Cyanoacrylate adhesives;6. Adhesives, sealants, adhesive primers or sealant primers, except plastic cement welding adhesives and contact bond adhesives, that are sold or supplied by the manufacturer or supplier in containers with a net volume of sixteen (16) fluid ounces or less or a net weight of one (1) pound or less;7. Contact bond adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of one (1) gallon or less.8. The use of adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents in the following operations: a. Tire repair, provided that the product label states "For tire repair only;"b. Assembly, repair and manufacture of aerospace or undersea-based weapon systems;c. Manufacture of medical equipment; and d. Metal cleaning operations regulated by and performed in accordance with Part 36 of this Subchapter (Control of Emissions from Organic Solvent Cleaning);9. The use of adhesives, sealants, adhesive primers and sealant primers at a facility, if the total VOC emissions from all adhesives, sealants, adhesive primers and sealant primers used at the facility are less than two hundred (200) pounds in any consecutive twelve-month period. Any person claiming an exemption pursuant to this paragraph shall record and maintain monthly operational records sufficient to document rolling twelvemonth VOC emissions in accordance with the specifications in § 44.9 of this Part.10. Adhesives, sealants, adhesive primers and sealant primers that are sold, offered for sale or manufactured in Rhode Island for shipment and use outside of Rhode Island.11. The use of any adhesive, sealant, adhesive primer, sealant primer, cleanup solvent or surface preparation solvent at a private residence for non-commercial purposes.12. The use of adhesives, cleanup solvents and surface preparation solvents in the repair and manufacture of submarines, when the use of noncomplying material is necessary to meet military performance specifications, provided that records of the use of such noncompliant materials are maintained in accordance with the specifications in § 44.9 of this Part.C. The VOC content limits in §§ 44.7.1 and 44.7.2 of this Part shall not apply if the total volume of adhesives, sealants, primers, cleanup and surface preparation solvents which have VOC contents in excess of those specified in §§ 44.7.1 and 44.7.2 of this Part applied at a facility does not exceed fifty-five (55) gallons in any consecutive twelve-month period. Any person claiming exemption pursuant to § 44.6(B) of this Part shall record and maintain monthly operational records sufficient to demonstrate compliance with this exemption in accordance with the specifications in § 44.9 of this Part.250 R.I. Code R. 250-RICR-120-05-44.6
Amended effective 1/13/2019