N.J. Admin. Code § 7:27-23.4

Current through Register Vol. 57, No. 1, January 6, 2025

Section 7:27-23.4 - Compliance provisions and test methods

(a) For the purpose of determining compliance with the VOC content limits contained in N.J.A.C. 7:27-23.3(i) Table 1, the VOC content of a coating shall be determined by using the following procedures. The VOC content of a tint base shall be determined prior to the addition of any colorant which is added after packaging in sale units by a person other than the manufacturer.

1. For all coatings, with the exception of low solids coatings, the VOC content in grams of VOC per liter of coating, thinned to the manufacturer's maximum recommendation, excluding the volume of water and exempt compounds, shall be determined as follows:

VOC Content = (Ws-Ww-Wec)/(Vm-Vw-Vec)

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

2. For low solids (LS) coatings, the VOC content in units of grams of VOC per liter of coating, thinned to the manufacturer's maximum recommendation, including the volume of water and exempt compounds, shall be determined as follows:

VOC Content (LS) = (Ws-Ww-Wec)/Vm

Where:
VOC Content (LS)	= grams of VOC per liter of low solids 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) Except as provided at (c) and (d) below, the test methods at (b)1 through 5 below and the information specified at (b)6 below, shall, as applicable, be used to determine the physical properties of a coating in order to perform the calculations in (a) above:

1. The VOC content shall be determined using either:

i. The EPA Method 24, as set forth in Appendix A of 40 Code of Federal Regulations (CFR) Part 60, "Determination of Volatile Matter Content, Water Content, Density, Volume Solids, and Weight Solids of Surface Coatings," including any subsequent revisions thereto, which are incorporated herein by reference; or

ii. The SCAQMD Method 304-91 (Revised February 1996), "Determination of Volatile Organic Compounds (VOC) in Various Materials," SCAQMD "Laboratory Methods of Analysis for Enforcement Samples," including any subsequent revisions thereto, which are incorporated herein by reference;

2. The exempt compounds content shall be determined using SCAQMD Method 303-91 (Revised August 1996), "Determination of Exempt Compounds," SCAQMD "Laboratory Methods of Analysis for Enforcement Samples," including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition for volatile organic compound for a list of the exempt (excluded) compounds to be used in the test method);

3. The exempt compound content of compounds that are cyclic, branched, or linear completely methylated siloxanes shall be determined using BAAQMD Method 43, "Determination of Volatile Methylsiloxanes in Solvent-Based Coatings, Inks, and Related Materials," BAAQMD Manual of Procedures, Volume III, adopted November 6, 1996, including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition for volatile organic compound for a list of the exempt (excluded) compounds to be used in the test method);

4. The exempt compound content of parachlorobenzotrifluoride shall be determined using BAAQMD Method 41, "Determination of Volatile Organic Compounds in Solvent-Based Coatings and Related Materials Containing Parachlorobenzotrifluoride," BAAQMD Manual of Procedures, Volume III, adopted December 20, 1995, including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition for volatile organic compound for a list of the exempt compounds to be used in the test method);

5. Analysis of methacrylate multi-component coatings used as traffic marking coatings shall be conducted according to a modification of EPA Method 24, 40 CFR 59, subpart D, Appendix A "Determination of Volatile Matter Content of Methacrylate Multi component Coatings Used as Traffic Marking Coatings," (September 11, 1998), including any subsequent revisions thereto, which are incorporated herein by reference. This method shall not be used for methacrylate multi component coatings used for purposes other than as traffic marking coatings or for other classes of multi component coatings; or

6. In addition to or instead of any of the test methods at (b)1 through 5 above, formulation data or any other reasonable means for predicting that the coating has been formulated as intended (for example, quality assurance checks, recordkeeping).

(c) In addition to the test methods provided in (b) above, other test methods which have been demonstrated to the Department's satisfaction to provide results that are acceptable for purposes of determining compliance may be used upon receipt of written approval from the Department, after the Department has obtained approval from the EPA.

(d) If there are any inconsistencies between the results of an EPA Method 24 test and any other means for determining VOC content, the EPA Method 24 results will govern, except when an alternative method is approved as specified in (c) above.

(e) The following test methods shall be used to test a coating, subject to the provisions of this subchapter, to determine its applicable coating category pursuant to the definitions in N.J.A.C. 7:27-23.2:

1. The flame spread index of a fire-retardant coating shall be determined using the ASTM Designation E 84-01, "Standard Test Method for Surface Burning Characteristics of Building Materials," including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition of fire-retardant coating);

2. The fire-resistance rating of a fire-resistive coating shall be determined by ASTM designation E 119-00a, "Standard Test Methods for Fire Tests of Building Construction Materials," including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition of fire-resistive coating);

3. The gloss of a coating shall be determined using ASTM Designation D 523-89 (1999), "Standard Test Method for Specular Gloss," including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition of flat coating, non-flat coating, non-flat-high-gloss coating, and quick dry enamel);

4. The metallic content of a coating shall be determined using SCAQMD Method 318-95, "Determination of Weight Percent Elemental Metal in Coatings by X-Ray Diffraction," SCAQMD "Laboratory Methods of Analysis for Enforcement Samples," including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition of metallic pigmented coating);

5. The acid content of a coating shall be determined using ASTM Designation D 1613-02, "Standard Test Method for Acidity in Volatile Solvents and Chemical Intermediates Used in Paint, Varnish, Lacquer and Related Products," including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition of pre-treatment wash primer);

6. The set-to-touch, dry-hard, dry-to-touch and dry-to-recoat times of a coating shall be determined using ASTM Designation D 1640-95 (1999), "Standard Methods for Drying, Curing, or Film Formation of Organic Coatings at Room Temperature," including any subsequent revisions thereto, which are incorporated herein by reference. The tack free time of a quick-dry enamel coating shall be determined using the Mechanical Test Method of ASTM Designation D 1640-95 (1999) (see N.J.A.C. 7:27-23.2, the definition of quick dry enamel and quick-dry primer, sealer, and undercoater);

7. The chalkiness of a surface shall be determined using ASTM Designation D 4214-98, "Standard Test Methods for Evaluating the Degree of Chalking of Exterior Paint Films," including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition of specialty primer, sealer, and undercoater);

8. The resistance to long-term cumulative radiation exposure of a coating shall be determined using ASTM Designation D-4082-02, "Standard Test Method for Effects of Gamma Radiation on Coatings for Use in Light-Water Nuclear Power Plants," including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition of nuclear coating); and

9. The resistance to various chemicals to which the coatings are likely to be exposed in nuclear power plants shall be determined using ASTM Method D 3912 95 (2001), "Standard Test Method for Chemical Resistance of Coatings Used in Light-Water Nuclear Power Plants," including any subsequent revisions thereto, which are incorporated herein by reference (see N.J.A.C. 7:27-23.2, the definition of nuclear coating).

(f) Upon the request of the Department, any manufacturer of a coating that is subject to the requirements of this subchapter shall test any of its coatings that are sold, offered for sale, held for sale, distributed, supplied, or manufactured for sale in New Jersey to determine the VOC content of the coating. Such testing shall be performed utilizing the methods in N.J.A.C. 7:27-23.4.

(g) Upon the request of the Department, any manufacturer of a coating that is subject to the requirements of this subchapter shall provide to the Department product samples that are duplicates of samples tested in accordance with (f) above.

(h) Test methods can be obtained as follows:

1. ASTM test methods can be purchased from American Society for Testing and Materials, 100 Barr Harbor Drive, West Conshohocken, Pennsylvania 19428-2959. Telephone (610) 832-9585. Fax (610) 832-9555 or can be purchased from the ASTM website at http://www.ASTM.org;

2. SCAQMD test methods can be purchased from the South Coast Air Quality Management District, 21865 East Copley Drive, Diamond Bar, California 91765-0934, telephone (909) 396-2162;

3. BAAQMD test methods described can be purchased from the Bay Area Air Quality Management District, 939 Ellis Street, San Francisco, California 94109, telephone (415) 749-4900; and

4. EPA Test Method 24, which is located in 40 CFR, Chapter I, Part 60, Appendix A-7, can be downloaded from the following website: http://www.access.gpo.gov//nara/cfr/cfrhtml_00/Title_40/40cfr60a_00.html.

(i) A retailer who sells or offers for sale in New Jersey an architectural coating that violates the VOC content limits at N.J.A.C. 7:27-23.3(a) may provide to the Department any of the following types of documentation with respect to its purchase of the coating product in question in order to demonstrate compliance with this subchapter:

1. Written communication between the retailer and the manufacturer(s) and distributor(s) that the retailer will accept only products for sale in New Jersey that comply with N.J.A.C. 7:27-23;

2. Written agreement(s) between the retailer and the manufacturer(s) and distributor(s) in which the manufacturer(s) and distributor(s) commit to supply to the retailer only products that comply with N.J.A.C. 7:27-23; or

3. Invoices, purchase orders and/or other contractual and billing documents that specify that the retailer will accept only products that comply with N.J.A.C. 7:27-23.

N.J. Admin. Code § 7:27-23.4

New Rule, R.2004 d.236, effective 6/21/2004 (operative July 20, 2004).
See: 35 New Jersey Register 2983(a), 35 New Jersey Register 4241(a) 36 New Jersey Register 3078(a).