250-RICR-120-05-33
250-RICR-120-05-33. Control of Volatile Organic Compounds from Architectural Coatings and Industrial Maintenance Coatings (version Amendment, 07/21/2020 to 01/04/2022)
33.1 Purpose and Authority
33.1.1 Purpose
The purpose of this
regulation is to limit the emissions of volatile organic compounds
from architectural coatings and industrial maintenance coatings.
33.1.2 Authority
These regulations are
authorized pursuant to R.I. Gen. Laws § 42-17.1-2(19) and R.I.
Gen. Laws Chapter 23-23, and have been promulgated pursuant to the
procedures set forth in the Rhode Island Administrative Procedures
Act, R.I. Gen. Laws Chapter 42-35.
33.2 Application
The terms and provisions of
this regulation shall be liberally construed to permit the Department
to effectuate the purposes of state laws, goals and policies.
33.3 Severability
If any provision of this
regulation or the application thereof to any person or circumstance,
is held invalid by a court of competent jurisdiction, the validity of
the remainder of the regulation shall not be affected thereby.
33.4 Incorporated Materials
A. These regulations hereby
adopt and incorporate 40 C.F.R. Part 60 Appendix A-7 Method 24 and 40
C.F.R. Part 59 Subpart D Appendix A; (2020) by reference, not
including any further editions or amendments thereof and only to the
extent that the provisions therein are not inconsistent with these
regulations.
B. These regulations hereby
adopt and incorporate the American Society for Testing and Materials'
"E119-19" (2019), "E84-20" (2020), "D523‑14"
(2018), "D4082-10" (2017), "D3912-10" (2017),
"D1613-17" (2017), "D1640/D1640M-18" (2018),
"D4214-07" (2015), "D7088-17" (2017), "D3273-16"
(2016), "D3274-09" (2017), "C67/ C67M-19" (2019),
"C97/C97M-18" (2018), "C140/C140M-20" (2020),
"E96/E96M-16" (2016), "D3363-05e2" (2011),
"D4060-19" (2019), "D4585/D4585M-18" (2018),
"D714-02" (2017), "D3359-17" (2017), and
"C836/C836M-18" (2018) by reference, not including any
further editions or amendments thereof and only to the extent that
the provisions therein are not inconsistent with these regulations.
C. These regulations hereby
adopt and incorporate the South Coast Air Quality Monitoring
District's "Method 318‑95" (1996), and "Method
304-91" (1996) by reference, not including any further editions
or amendments thereof and only to the extent that the provisions
therein are not inconsistent with these regulations.
D. These regulations hereby
adopt and incorporate the National Cooperative Highway Research
Report 244 (1981), by reference, not including any further editions
or amendments thereof and only to the extent that the provisions
therein are not inconsistent with these regulations.
33.5 Definitions
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 s eq.
(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 D7088-17, 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 D3273-16
and ASTM D3274-09, 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 E119‑19, 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 E84-20, 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
D523-14, 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 D523-14, 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 D523‑14, 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 D4082-10, 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 D3912-10, 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 D1613-17, 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/D1640M-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 D523-14, 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/D1640M-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/C67M-19, or ASTM C97/C97M-18, or ASTM C140/C140M-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/E96M-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/
C67M-19, or ASTM C97/C97M-18, or ASTM C140/C140M-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/E96M-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 D4214‑07, 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 D3363-05e2, 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 D4060-19, 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/D4585M-18, and ASTM D714-02, 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/D4585M-18 and ASTM D3359-17, 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/C836M-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.
33.6 Applicability and Exemptions
A. Except as provided in §
33.6(B) of this Part, the provisions of this regulation apply to any
person who sells, offers for sale, supplies or manufactures an
architectural coating for use within the State of Rhode Island, as
well as any person who applies any architectural coating for
compensation or who solicits the application of any architectural
coating within the State of Rhode Island.
B. The provisions of this
regulation do not apply to the following:
1. Architectural coatings and
industrial maintenance coatings that are sold, offered for sale or
manufactured in Rhode Island for shipment and use outside of Rhode
Island or for shipment to other manufacturers for reformulation or
repackaging;
2. Architectural coatings sold
in containers having capacities of one (1) liter (1.057 quart) or
less; and
3. Any aerosol coating
product.
33.7 Emission Limitations
A. Except as provided in §§
33.7(C), (D), and (I) of this Part, no person shall:
1. Sell, offer for sale, or
supply within the State of Rhode Island;
2. Manufacture, blend or
repackage for sale within the State or Rhode Island; or
3. Solicit for application or
apply for compensation within the State of Rhode Island any
architectural coating which has a VOC content, expressed in grams of
VOC per liter of coating, when thinned to the manufacturer’s
maximum recommendation, minus water, exempt compounds and any
colorant added to tint bases, in excess of the limits in §
33.7(B) of this Part.
B. VOC Content Limits for
Architectural Coatings
Coating
Category
VOC
Content Limit
(Grams
VOC per liter)
Effective
until January 1, 2020
VOC
Content Limit
(Grams
VOC per liter)
Effective
after January 1, 2020
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
Antifouling
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
recoater
475
475
Clear
wood coatings:
Clear
brushing lacquers:
680
n/a
Lacquers
(including lacquer sanding sealers)
550
n/a
Sanding
sealers (other than lacquer sanding sealers)
350
n/a
Varnishes
350
n/a
Conversion
Varnishes
725
n/a
Concrete
curing compounds
350
350
Concrete/masonry
sealer
n/a
100
Concrete
surface retarders
780
780
Conjugated
oil varnish
n/a
450
Conversion
varnish
n/a
725
Driveway
sealers
n/a
50
Dry
fog coatings
400
150
Faux
finishing coatings
350
350
Fire
resistive coating
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
coatings
120
120
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
250
n/a
Quick‑dry
primers, sealers and undercoaters
200
n/a
Reactive
penetrating sealer
n/a
350
Reactive
penetrating carbonite stone sealer
n/a
500
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
350
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 mastics
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
coating
n/a
350
Wood
preservative
350
350
Zinc-rich
Primer
n/a
340
C. Sell‑Through of
Coatings
1. A coating manufactured
prior to January 1, 2020, may be sold, supplied, offered for sale or
applied after that date, so long as the coating complies with the
standards in effect at the time the coating was manufactured and the
coating displays the date or date code that meets the specifications
in § 33.8(A)(1) of this Part.
D. Most restrictive VOC limit
1. For products manufactured
before January 1, 2020, if, anywhere on the container of any
architectural coating, or on any label or sticker affixed thereto, or
in any sales, advertising, or technical literature supplied by a
manufacturer or anyone acting on the manufacturer's behalf, including
retailers who sell under a private label, representation is made that
the coating is consistent with the definition of or is recommended
for use or may be used for more than one (1) category listed in §
33.7(B) of this Part, then the lower emission limitation shall apply.
This provision does not apply to the following coating categories:
a. Antenna coatings;
b. Antifouling coatings;
c. Bituminous roof primers;
d. Calcimine recoaters;
e. Fire-retardant coatings;
f. Flow coatings;
g. High temperature coatings;
h. Impacted immersion
coatings;
i. Industrial maintenance
coatings;
j. Lacquer coatings, including
lacquer sanding sealers;
k. Low-solids coatings;
l. Metallic pigmented
coatings;
m. Nuclear coatings;
n. Pretreatment wash primers;
o. Shellacs;
p. Specialty primers, sealers,
and undercoaters;
q. Temperature-indicator
safety coatings;
r. Thermoplastic rubber
coatings and mastics; and
s. Wood preservatives.
2. For products manufactured
on or after January 1, 2020, if, anywhere on the container of any
architectural coating, or on any label or sticker affixed thereto, or
in any sales, advertising, or technical literature supplied by a
manufacturer or anyone acting on the manufacturer's behalf, including
retailers who sell under a private label, representation is made that
the coating is consistent with the definition of or is recommended
for use or may be used for more than one (1) category listed in §
33.7(B) of this Part, then the lower emission limitation shall apply.
This provision does not apply to the following coating categories:
a. Aluminum roof coatings;
b. Bituminous roof primers;
c. High temperature coatings;
d. Industrial maintenance
coatings;
e. Low-solids coatings;
f. Metallic pigmented
coatings;
g. Pretreatment wash primers;
h. Shellacs;
i. Specialty primers, sealers,
and undercoaters;
j. Wood coatings;
k. Wood preservatives;
l. Zinc-rich primers;
m. Calcimine recoaters;
n. Impacted immersion
coatings;
o. Nuclear coatings;
p. Thermoplastic rubber
coatings and mastic; and
q. Concrete Surface Retarders.
E. Painting practices
1. Any person who applies
architectural coatings shall ensure that all containers used to apply
the contents therein to a surface directly from the container by
pouring, siphoning brushing or rolling, padding, ragging or other
means, shall be closed when not in use. These architectural coatings
containers include, but are not limited to, drums, buckets, cans,
pails, trays, or other application containers. Containers of any
VOC-containing materials used for thinning and cleanup shall also be
closed when not in use.
F. Thinning
1. No person shall apply or
solicit the application of any architectural coating that is thinned
such that the coating, as applied, exceeds the applicable VOC
limitation in § 33.7(B) of this Part.
G. Rust preventive coatings
1. No person shall apply or
solicit the application of any rust preventive coating for industrial
use, unless such a rust preventive coating complies with the
industrial maintenance coating VOC limit specified in § 33.7(B)
of this Part.
H. Coatings not listed in §
33.7(B) of this Part
1. For any coating that does
not meet any of the definitions for the specialty coatings categories
listed in § 33.7(B) of this Part, the VOC content limit shall be
determined by classifying the coating as a flat coating, non-flat
coating, or non-flat high-gloss coating as those terms are defined in
§ 33.5 of this Part and the corresponding coating limit in §
33.7(B) of this Part shall apply.
I. Lacquers
1. Notwithstanding the VOC
content limits in § 33.7(B) of this Part, a person or facility
may add up to ten percent (10%) by volume of VOC to a lacquer to
avoid blushing of the finish when the relative humidity is greater
than seventy percent (70%) and the temperature is below sixty-five
degrees Fahrenheit (65° F), at the time of application, provided
that the coating contains acetone and contains no more than five
hundred fifty (550) grams of VOC per liter of coating, less water and
exempt compounds, prior to the addition of VOC.
33.8 Labeling Requirements
A. No person shall sell, offer
for sale, or supply within the State of Rhode Island any
architectural coating specified in § 33.7 of this Part, unless
the coating's container (or label affixed thereto) displays the
following information:
1. Date or date code
a. The manufacturing date of
the contents of the container, or a date code indicating the
manufacturing date of the contents. If the manufacturer uses a date
code for any coating, the manufacturer shall supply an explanation of
each date code to the Director within thirty (30) days of request;
2. VOC content
a. For products manufactured
before January 1, 2020, the maximum or actual VOC content of the
coating, as supplied, in grams of VOC per liter of coating, including
the maximum thinning as recommended by the manufacturer. VOC content
displayed shall be calculated according to the equations in §
33.10(A) of this Part or shall be determined using the test methods
specified in § 33.10(B) of this Part.
b. For products manufactured
on or after January 1, 2020: Each container of any coating subject to
this rule shall display one (1) of the following values in grams of
VOC per liter of coating:
(1) Maximum VOC content as
determined from all potential product formulations; or
(2) VOC content as determined
from actual formulation data; or
(3) VOC Content as determined
using the test methods in §§ 33.10(A)(1)(a) and (b) of this
Part.
c. 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 ingredient that generate ethanol or other VOCs during the
curing process, the VOC content must include the VOCs emitted during
curing. VOC Content shall be determined as defined by the equations
in §§ 33.10(A)(1)(a) and (b) of this Part.
3. Thinning recommendations
a. A statement of the
manufacturer's recommendation regarding thinning of the coating. If
thinning of the coating prior to use is not necessary, the
recommendation must state that the coating is to be applied without
thinning. Thinning does not include dilution of architectural
coatings with water.
4. Industrial maintenance
coatings
a. For industrial maintenance
coatings, one (1) or more of the following descriptions:
(1) “For industrial use
only;”
(2) “For professional
use only;” or
(3) “Not for residential
use” or “Not intended for residential use.”
5. Clear brushing lacquers
a. For clear brushing
lacquers, one (1) or more of the following statements:
(1) “For brush
application only;” or
(2) “This product must
not be thinned or sprayed.”
6. Rust preventive coatings
a. For rust preventative
coatings, the statement “For metal substrates only.”
7. Specialty primers, sealers
and undercoaters
a. For products manufactured
before January 1, 2020, the labels of all specialty primers, sealers,
and undercoaters shall prominently display one (1) or more of the
descriptions:
(1) “For blocking
stains;”
(2) “For fire-damaged
substrates;”
(3) “For smoke-damaged
substrates;”
(4) “For water-damaged
substrates;”
(5) “For excessively
chalky substrates,” or
(6) “To seal in
efflorescence.”
b. For products manufactured
on or after January 1, 2020, the labels of all specialty primers,
sealers, and undercoaters shall prominently display one (1) or more
of the descriptions:
(1) “For blocking
stains;”
(2) “For fire-damaged
substrates;”
(3) “For smoke-damaged
substrates;” or
(4) “For water-damaged
substrates.”
8. Quick dry enamels
a. For quick dry enamels, the
words “Quick dry” and the dry hard time.
9. Non-flat high-gloss
coatings
a. For non-flat high-gloss
coatings, the words “High gloss.”
10. Faux finishing coatings
manufactured on or after January 1, 2020:
a. The labels of all clear
topcoat coatings shall prominently display the statement “This
product can only be sold or used as part of a Faux Finishing coating
system.”
11. Reactive penetrating
sealers manufactured on or after January 1, 2020:
a. The labels of all reactive
penetrating sealers shall prominently display the statement “Reactive
Penetrating Sealer.”
12. Reactive penetrating
carbonate stone sealers manufactured on or after January 1, 2020:
a. The labels of all reactive
penetrating carbonate stone sealers shall prominently display the
statement “Reactive Penetrating Carbonate Stone Sealer.”
13. Stone Consolidants
manufactured on or after January 1, 2020:
a. The labels of all stone
consolidants shall prominently display the statement “Stone
Consolidant – For Professional Use Only.”
14. Wood Coatings manufactured
on or after January 1, 2020:
a. The labels of all wood
coatings shall prominently display the statement “For Wood
Substrates Only.”
15. Zinc-rich primers
manufactured on or after January 1, 2020:
a. The labels of all zinc-rich
primers shall prominently display one (1) or more of the following
statements:
(1) “For Professional
Use Only;”
(2) “For Industrial Use
Only;” or
(3) “Not for residential
use” or “Not intended for residential use”
33.9 Reporting Requirements
A. Each manufacturer of
architectural coatings subject to the requirements of this regulation
shall maintain records demonstrating that the coatings comply with
the VOC content limits in § 33.7(B) of this Part. Such records
shall be kept for a period of not less than five (5) years and shall
be made available to the Department within ninety (90) days of
request unless an extension of time is granted by the Director. Such
records shall clearly list the following information for each
product:
1. Product name (and
identifying number, if applicable), as shown on the product label and
in applicable sales and technical literature;
2. The VOC content, as
determined using the equations specified in § 33.10(A) of this
Part, or as determined using the test methods specified in §
33.10(B) of this Part and the date that the VOC content was
determined;
3. The names(s) and chemical
abstract service (CAS) number of the VOC constituents in the product;
and
4. The applicable coating
category and VOC content limit, as listed in § 33.7(B) of this
Part.
B. An authorized
representative from each manufacturer shall, within ninety (90) days
of written request, provide to the Department data concerning the
distribution and sales of coatings subject to the VOC content limits
in § 33.7(B) of this Part. Such data shall include, but not be
limited to, the following:
1. The name and address of the
manufacturer;
2. The name, address and
telephone number of the manufacturer’s authorized
representative;
3. The name of the product as
it appears on the label and the coating category as listed in §
33.7(B) of this Part;
4. Amount of the coating, in
gallons, sold in Rhode Island during the previous calendar year in
containers greater than one (1) liter and in containers less than one
(1) liter;
5. The actual VOC content and
VOC content limit for the product, in grams per liter. If thinning is
recommended, list the actual VOC content and VOC content limit after
thinning. If containers of one (1) liter or less have a different VOC
content than containers greater than one (1) liter, they should be
listed separately;
6. Whether the product is
marketed for interior or exterior use or both;
7. The name and CAS number of
each VOC constituent in the product; and
8. The name and CAS number of
any exempt compounds in the product.
C. For each architectural
coating that contains perchloroethylene or methylene chloride, the
manufacturer shall maintain the following records for a period of not
less than five (5) years and make those records available to the
Department within ninety (90) days of request:
1. The product brand name and
a copy of the product label with the legible usage instructions;
2. The product category listed
in § 33.7(B) of this Part to which the product belongs;
3. The total sales of the
product in Rhode Island during the previous calendar year to the
nearest gallon: and
4. The volume percent, to the
nearest 0.10 percent, of perchloroethylene and methylene chloride in
the coating.
33.10 Compliance Provisions and
Test Methods
A. Calculation of VOC content
1. Compliance with the VOC
content limits in § 33.7(B) of this Part shall be determined
using the procedures described in §§ 33.10(A)(1)(a) and (b)
of this Part, as appropriate. The VOC content of a tint base shall be
determined prior to the addition of the colorant.
a. With the exception of low
solids coatings, determine the VOC content in grams of VOC per liter
of coating thinned to the manufacturer's maximum recommendation,
excluding the volume of any water and exempt compounds. Determine the
VOC content using the following equation:
VOC
Content =
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
b. For low solids coatings,
determine the VOC content in units of grams of VOC per liter of
coating thinned to the manufacturer's maximum recommendation,
including the volume of any water and exempt compounds. Determine the
VOC content using the following equation:
VOC
Content (ls) =
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
B. Testing of VOC properties
and content
1. To determine the physical
properties of a coating in order to perform the calculations in §
33.10(A) of this Part, the reference method for VOC content is 40
C.F.R. Part 60 Appendix A-7 Method 24, incorporated in § 33.4(A)
of this Part, except as provided in §§ 33.10(C) and (D) of
this Part. An alternative method to determine the VOC content of
coatings is SCAQMD Method 304‑91, incorporated in §
33.4(C) of this Part. To determine the VOC content of a coating, the
manufacturer may use 40 C.F.R. Part 60 Appendix A-7 Method 24,
incorporated in § 33.4(A) of this Part or an alternative method,
as provided in § 33.10(C) of this Part, 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 40 C.F.R. Part 60 Appendix A-7 Method 24, test and any
other means for determining VOC content, the 40 C.F.R. Part 60
Appendix A-7 Method 24, results will govern, except when an
alternative method is approved as specified in § 33.10(C) of
this Part. The Department may require the manufacturer to conduct a
40 C.F.R. Part 60 Appendix A-7 Method 24, analysis.
C. Alternative test methods
1. Other test methods
demonstrated to provide results that are acceptable for purposes of
determining VOC physical properties and VOC content, after review and
approved in writing by the Department and the U.S. EPA, may also be
used.
D. Methacrylate traffic
coating markings
1. Analysis of methacrylate
multi‑component coatings used as traffic marking coatings shall
be conducted according to a modification of 40 C.F.R. Part 60
Appendix A-7 Method 24, 40 C.F.R. Part 59, Subpart D, Appendix A,
incorporated in § 33.4(A) of this Part. This method has not been
approved for methacrylate multi-component coatings used for other
purposes than as traffic marking coatings or for other classes of
multi-component coatings.
E. Test Methods – The
following test methods shall be used to test coatings subject to the
provisions of this rule:
1. Flame Spread Index: The
flame spread index of a fire-retardant coating shall be determined by
the ASTM Designation E84-20, Standard Test Method for Surface Burning
Characteristics of Building Materials, incorporated in § 33.4(B)
of this Part.
2. Fire‑Resistance
Rating: The fire‑resistance rating of a fire‑resistive
coating shall be determined by ASTM Designation E119‑19,
Standard Test Methods for Fire Tests of Building and Construction
Materials, incorporated in § 33.4(B) of this Part.
3. Gloss Determination: The
gloss of a coating shall be determined by ASTM Designation D523‑14,
Standard Test Method for Specular Gloss, (see definitions of “flat
coating”, “non‑flat coating”, “non‑flat
high‑gloss coating” and “quick-dry enamel,”
incorporated in § 33.4(B) of this Part.)
4. Metal Content of Coatings:
The metallic content of a coating shall be determined by SCAQMD
Method 318‑95, Determination of Weight Percent Elemental Metal
in Coatings by X‑Ray Diffraction, SCAQMD Laboratory Methods of
Analysis for Enforcement Samples, incorporated in § 33.4(C) of
this Part.
5. Acid Content of Coatings:
The acid content of a coating shall be determined by ASTM Designation
D1613‑17, Standard Test Method for Acidity in Volatile Solvents
and Chemical Intermediates Used in Paint, Varnish, Lacquer and
Related Products, incorporated in § 33.4(B) of this Part.
6. Drying Times: The
set‑to‑touch, dry‑hard, dry‑to‑touch
and dry‑to‑recoat times of a coating shall be determined
by ASTM Designation D1640/D1640M-18, Standard Methods for Drying,
Curing, or Film Formation of Organic Coatings at Room Temperature,
incorporated in § 33.4(B) of this Part. The tack free time of a
quick‑dry enamel coating shall be determined by the Mechanical
Test Method of ASTM Designation D1640/D1640M-18, incorporated in §
33.4(B) of this Part.
7. Surface Chalkiness: The
chalkiness of a surface shall be determined using ASTM Designation
D4214‑07, Standard Test Methods for Evaluating the Degree of
Chalking of Exterior Paint Films, incorporated in § 33.4(B) of
this Part.
8. VOC Content of Coatings:
The VOC content of a coating shall be determined by 40 C.F.R. Part 60
Appendix A-7 Method 2, incorporated in § 33.4(A) of this Part.
9. Alternative VOC Content of
Coatings: The VOC content of coatings may be analyzed by either 40
C.F.R. Part 60 Appendix A-7 Method 24, incorporated in § 33.4(A)
of this Part, or SCAQMD Method 304‑91, Determination of
Volatile Organic Compounds (VOC) in Various Materials, SCAQMD
Laboratory Methods of Analysis for Enforcement Samples, incorporated
in § 33.4(C) of this Part.
10. Methacrylate Traffic
Marking Coatings: The VOC content of methacrylate multicomponent
coatings used as traffic marking coatings shall be analyzed by the
procedures in 40 C.F.R. Part 59, Subpart D, Appendix A, Determination
of Volatile Matter Content of Methacrylate Multicomponent Coatings
Used as Traffic Marking Coatings, incorporated in § 33.4(A) of
this Part.
11. Radiation Resistance: The
radiation resistance of a nuclear coating shall be determined by ASTM
Method D4082-10, Standard Test Method for Effects of Gamma Radiation
on Coatings for Use in Light-Water Nuclear Power Plants, incorporated
in § 33.4(B) of this Part.
12. Chemical Resistance: The
chemical resistance of nuclear coatings shall be determined by ASTM
Method D3912-10, Standard Test Method for Chemical Resistance of
Coatings Used in Light-Water Nuclear Power Plants, incorporated in §
33.4(B) of this Part.
13. Hydrostatic Pressure for
Basement Specialty Coatings: ASTM D7088-17, Standard Practice for
Resistance to Hydrostatic Pressure for Coatings Used in Below Grade
Applications Applied to Masonry, incorporated in § 33.4(B) of
this Part.
14. Tub and Tile Refinish
Coating Adhesion: ASTM D4585/D4585M-18, Standard Practice for Testing
Water Resistance of Coatings Using Controlled Condensation and ASTM
D3359-17, Standard Test Methods for Measuring Adhesion by Tape Test,
incorporated in § 33.4(B) of this Part.
15. Tub and Tile Refinish
Coating Hardness: ASTM D3363-05e2, Standard Test Method for Film
Hardness by Pencil Test, incorporated in § 33.4(B) of this Part.
16. Tub and Tile Refinish
Coating Abrasion Resistance: ASTM D4060-19, Standard Test Methods for
Abrasion Resistance of Organic Coatings by the Taber Abraser,
incorporated in § 33.4(B) of this Part.
17. Tub and Tile Refinish
Coating Water Resistance: ASTM D4585/D4585M-18, Standard Test Methods
for Abrasion Resistance of Coatings Using Controlled Condensation and
ASTM D714-02, Standard Test Method for Evaluating Degree of
Blistering of Paints, incorporated in § 33.4(B) of this Part.
18. Waterproofing Membrane:
ASTM C836/C836M, Standard Specification for High Solids Content, Cold
Liquid-Applied Elastomeric Waterproofing Membrane for Use with
Separate Wearing Course, incorporated in § 33.4(B) of this Part.
19. Mold and Mildew Growth for
Basement Specialty Coatings: ASTM D3273- 16, Standard Test Method for
Resistance to Growth of Mold on the Surface of Interior Coatings in
an Environmental Chamber and ASTM D3274-09, Standard Test Method for
Evaluating Degree of Surface Disfigurement of Paint Films by
Microbial (Fungal or Algal) Growth or Soil and Dirt Accumulation,
incorporated in § 33.4(B) of this Part.
20. Reactive Penetrating
Sealer and Reactive Penetrating Carbonate Stone Sealer Water
Repellency: ASTM C67/C67M-19, Standard Test Methods for Sampling and
Testing Brick and Structural Clay Tile; or ASTM C97/C97M-18, Standard
Test Methods for Absorption and Bulk Specific Gravity of Dimension
Stone; or ASTM C140/C140M, Standard Test Methods for Sampling and
Testing Concrete Masonry Units and Related Units, incorporated in §
33.4(B) of this Part.
21. Reactive Penetrating
Sealer and Reactive Penetrating Carbonate Stone Sealer Water Vapor
Transmission: ASTM E96/E96M-16, Standard Test Method for Water Vapor
Transmission of Materials, incorporated in § 33.4(B) of this
Part.
22. Reactive Penetrating
Sealer; Chloride Screening Applications: National Cooperative Highway
Research Report 244, Concrete Sealers for the Protection of Bridge
Structures, incorporated in § 33.4(D) of this Part.