26.11.39.04

.04 General Requirements and Standards.

A. VOC Content Limits.

(1) Except as provided in this regulation, a person may not manufacture, blend, repackage for sale, supply, sell, offer for sale, or apply within the State an architectural coating with a VOC content in excess of the corresponding limit specified in Regulation .05 of this chapter.

(2) Limits are expressed as VOC content, thinned to the manufacturer’s maximum thinning recommendation, excluding any colorant added to tint bases.

B. Most Restrictive VOC Limit. If anywhere on the container of an architectural coating, label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on behalf of a manufacturer, 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 Regulation .05 of this chapter, then the most restrictive VOC content limit applies.

C. The provisions of §B of this regulation do not apply to the following coating categories:

(1) Aluminum roof coatings;

(2) Bituminous roof primers;

(3) High-temperature coatings;

(4) Industrial maintenance coatings;

(5) Low-solids coatings;

(6) Metallic pigmented coatings;

(7) Pretreatment wash primers;

(8) Shellacs;

(9) Specialty primers, sealers, and undercoaters;

(10) Wood coatings;

(11) Wood preservatives;

(12) Zinc-rich primers

(13) Calcimine recoaters;

(14) Impacted immersion coatings;

(15) Nuclear coatings;

(16) Thermoplastic rubber coatings and mastic; and

(17) Concrete surface retarders.

D. Sell-Through of Coatings.

(1) A coating manufactured before the effective date of January 1, 2017, that complied with the standards in effect at the time the coating was manufactured may be sold, supplied, or offered for sale until January 1, 2020.

(2) A coating that complies with the standards in effect in this State at the time of manufacture may be applied at any time.

(3) The provisions of this section do not apply to a coating that does not display a date or date code representing the date of manufacture.

(4) Notwithstanding §D(2) of this regulation, a person may not apply any rust preventative coating manufactured before January 1, 2017 for industrial use, unless such a rust preventative coating complies with the industrial maintenance coating limit specified in Regulation .05 of this chapter.

E. Painting Practices.

(1) All architectural coating containers used to apply the contents therein to a surface by pouring, siphoning, brushing, rolling, padding, ragging, or other means, shall be closed when not in use.

(2) Architectural coatings containers include, but are not limited to drums, buckets, cans, pails, trays, or other application containers.

(3) Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use.

F. Thinning. A person may not apply any architectural coating if the coating is thinned to exceed the applicable VOC limit specified in Table 1 of Regulation .05 of this chapter.

G. Coatings Not Listed in Regulation .05 of this Chapter. A coating that does not meet the definitions for the specialty coatings categories listed in Regulation .05 of this chapter is subject to the VOC content limit for either a flat, non-flat, or non-flat high gloss coating based on its gloss as determined in Regulation .02B(2) of this chapter.

H. New Coatings Categories. Beginning May 1, 2016, the following new coatings categories shall be considered in compliance if the coating meets the applicable VOC limit specified in Table 1 of Regulation .05 of this chapter and the other provisions of this chapter:

(1) Aluminum roof coatings;

(2) Basement specialty coatings;

(3) Concrete/masonry sealers;

(4) Conjugated oil varnish;

(5) Driveway sealers;

(6) Reactive penetrating sealer;

(7)) Reactive penetrating carbonate stone sealers;

(8) Stone consolidant;

(9) Tub and tile refinishing coating;

(10) Waterproofing membranes;

(11) Wood coatings; and

(12) Zinc-rich primers.