N.J. Admin. Code § 7:27-23.1

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

Section 7:27-23.1 - Applicability

(a) This subchapter prescribes the rules of the Department for limiting the VOC content of, and using, architectural coatings.

(b) As set forth at 7:27-17.4(c), this subchapter's requirements for the implementation of control measures, including, but not limited to, requirements for the installation and use of control apparatus, or the use of compliant coatings, shall apply with full force to Group II Toxic Substances (TXS).

(c) Except as provided in (d) and (e) below, this subchapter is applicable to any person who:

1. Manufactures, blends, repackages, supplies or distributes an architectural coating for sale within the State of New Jersey;

2. Sells or offers for sale an architectural coating within the State of New Jersey; and

3. Applies an architectural coating for compensation within the State of New Jersey.

(d) The provisions of this subchapter shall not apply to:

1. An architectural coating that is sold or manufactured for use outside of the State of New Jersey or for shipment to other manufacturers for reformulation or repackaging, provided that documentation indicating the final destination of such architectural coating shall be made available to representatives of the Department upon request;

2. An aerosol coating product; or

3. An architectural coating that is sold in a container with a volume of one liter (1.057 quart) or less.

(e) The provisions of 7:27-23.3(a) shall not apply to any person who applies an architectural coating for compensation within the State of New Jersey provided that either (e)1 or 2 below is met:

1. The architectural coating was purchased from a location within the State of New Jersey or within a state, as identified at (f) below, that has an architectural coating rule with maximum allowable VOC content limits identical with or more stringent than New Jersey; or

2. The coating was purchased and delivered by the manufacturer or distributor to a location in the State of New Jersey or to a state, as identified at (f) below, that has an architectural coating rule with maximum allowable VOC content limits identical with or more stringent than New Jersey. For a coating sold in this manner, it is the responsibility of the seller to ensure compliance with these rules;

(f) The Department shall publish in the New Jersey Register a notice of administrative change revising the list of states below when any state promulgates maximum allowable VOC content limits for architectural coatings that are identical with or more stringent than the VOC content limits set forth in this subchapter. This list is for informational purposes only. The most current list of states can be obtained from the Department's Office of Air Quality Management at 401 East State Street, 7th floor, Mail Code 401-07H, PO Box 420, Trenton, New Jersey 08625-0420.

1. Delaware;

2. Pennsylvania;

3. New York; and

4. Maryland.

N.J. Admin. Code § 7:27-23.1

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).
Language added specifying architectural coatings are the subject of regulations.
Amended by R.1994 d.313, effective 6/20/1994 (operative July 26, 1994).
See: 25 N.J.R. 3339(a), 26 N.J.R. 2600(a).
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).