06- 096 C.M.R. ch. 151, § 3

Current through 2024-51, December 18, 2024

Section 096-151-3 - Standards

A. VOC content limits. Except as provided in section 3(B), 3(C), and 3(H), no person shall: (1) manufacture, blend or repackage for sale within the State of Maine, (2) supply, sell, or offer for sale within the State of Maine, or (3) solicit for application or apply within the State of Maine, any architectural coating manufactured on or after January 1, 2006 which contains volatile organic compounds in excess of the limits specified in the following Table of Standards. Limits are expressed in grams of VOC per liter of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds, or colorant added to tint bases. Manufacturer's maximum recommendation means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.

Table of Standards - VOC Content Limits for Architectural Coatings

Coating category	VOC Content Limit grams VOC per liter
Flat coatings	100
Nonflat coatings	150
Nonflat - high gloss coatings	250
Antenna coatings	530
Antifouling coatings	400
Bituminous roof coatings	300
Bituminous roof primers	350
Bond breakers	350
Calcimine recoaters	475
Clear wood coatings
* Clear brushing lacquers	680
* Lacquers (including lacquer sanding sealers)	550
* Sanding sealers (other than lacquer sanding sealers)	350
* Varnishes	450
* Conversion varnishes	725
Concrete curing compounds	350
Concrete surface retarders	780
Dry fog coatings	400
Faux finishing coatings	350
Fire resistive coatings	350
Fire retardant coatings
* Clear	650
* Opaque	350
Floor coatings	250
Flow coatings	420
Form-release compounds	250
Graphic arts coatings (sign paints)	500
High temperature coatings	420
Impacted immersion coatings	780
Industrial maintenance coatings	340
Interior wood clear and semitransparent stains	550
Low solids coatings	120
Magnesite cement coatings	450
Mastic texture coatings	300
Metallic pigmented coatings	500
Multi-color coatings	250
Pre-treatment wash primers	420
Primers, sealers, and undercoaters	200
Quick-dry enamels	250
Quick-dry primers, sealers, and undercoaters	200
Recycled coatings	250
Roof coatings	250
Rust preventive coatings	400
Shellacs:
* Clear	730
* Opaque	550
Specialty primers, sealers, and undercoaters	350
Stains other than interior wood clear and semitransparent stains	250
Swimming pool coatings and swimming pool repair and maintenance coatings	340
Temperature-indicator safety coatings	550
Thermoplastic rubber coatings and mastics	550
Traffic marking coatings	150
Waterproofing sealers	250
Waterproofing concrete/masonry sealers	400
Wood preservatives	350

B. Most restrictive VOC limit. If anywhere on the container of any architectural coating, or any label sticker affixed to the container, 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 meets the definition of or is recommended for use or may be used for more than one of the coating categories listed in section 3(A), then the most restrictive VOC content limit shall apply. This provision does not apply to the coating categories listed below:

(1) antenna coatings;

(2) antifouling coatings;

(3) bituminous roof primers;

(4) calcimine recoaters;

(5) fire-retardant coatings;

(6) flow coatings;

(7) high temperature coatings;

(8) impacted immersion coatings;

(9) industrial maintenance coatings;

(10) lacquer coatings (including lacquer sanding sealers);

(11) low-solids coatings;

(12) metallic pigmented coatings;

(13) pretreatment wash primers;

(14) shellacs;

(15) specialty primers, sealers, and undercoaters;

(16) temperature-indicator safety coatings;

(17) thermoplastic rubber coatings and mastics; and

(18) wood preservatives.

C. Sell-through of architectural or industrial maintenance coatings. A coating manufactured prior to January 1, 2006 may be sold, supplied, offered for sale or applied after January 1, 2006, as long as the architectural or industrial maintenance coating complies with the standards in effect at the time the coating was manufactured, and the coating displays the date of manufacture or a code representing the date of manufacture on the lid, label or bottom of the container.

D. Painting practices. 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.

E.Thinning. No person who applies or solicits the application or any architectural coating shall apply a coating that is thinned to exceed the applicable VOC limit specified in section 3(A).

F.Rust preventive coatings. 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 section 3(A).

NOTE: Facilities that apply coatings in a shop application may be subject to the Department's Chapter 129, Surface Coating Facilities regulation concerning coatings of miscellaneous metal parts or other materials.

G. Coatings not listed in section 3(A). For any coating that does not meet any of the definitions for the specialty coatings categories listed in section 3(A), the VOC content limit shall be determined by classifying the coating as a flat coating, nonflat coating, or nonflat-high gloss coating as those terms are defined in sections 2(Z), (OO), and (PP) and the corresponding flat or nonflat coating limit shall apply.

H. Lacquers. Notwithstanding the provisions of section 3(A), a person or facility may add up to 10% by volume of VOC to a lacquer to avoid blushing of the finish during days with relative humidity greater than 70% and temperature below 65^OF, at the time of application, provided that the coating contains acetone and no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition of VOC.

I. Effective January 1, 2011, varnishes may not contain volatile organic compounds in excess of 350 grams per liter.

06- 096 C.M.R. ch. 151, § 3