N.J. Admin. Code § 7:27-23.6

Current through Register Vol. 56, No. 24, December 18, 2024

Section 7:27-23.6 - Administrative and reporting requirements

(a) Each manufacturer and distributor of an architectural coating subject to N.J.A.C. 7:27-23.3 shall include on the invoice, bill of lading, or other shipping document provided to the distributor or retailer receiving the product in New Jersey a statement indicating that the architectural coatings included on that shipping document and subject to N.J.A.C. 7:27-23.3, shipped by that manufacturer or distributor for sale in New Jersey, are in compliance with this subchapter. These documents shall be maintained by the manufacturer, distributor and/or retailer for no less than five years and shall be made available by the document recipient to the Department or its representatives upon request.

(b) For a coating that is sold or manufactured in New Jersey for use outside of New Jersey, or for shipment to other manufacturers for reformulation or repackaging, documentation indicating the final destination of the coating shall be made available to the Department or its representatives upon request. These documents shall be maintained by the manufacturer, distributor and/or retailer for no less than three years and shall be made available by the document recipient to the Department or its representatives upon request.

(c) A manufacturer who uses a date code on the coating container, in lieu of using the date of manufacture on the container, or a manufacturer who is complying with this subchapter with the use of a limited timeframe variance or exemption in accordance with N.J.A.C. 7:27-23.3(j), shall submit a registration with the Department as follows:

1. The information shall be submitted electronically, unless:

i. Electronic submission would impose hardship on the manufacturer; and

ii. The Department approves a request from the manufacturer to submit the information on paper pursuant to (c)7 below;

2. The registration shall be submitted to the Department in accordance with guidance on the Department's website at http://www.state.nj.us/dep/baqp.

3. The registration shall be submitted in accordance with the following schedule:

i. For a coating sold in New Jersey prior to January 1, 2005, the registration shall be submitted on or after July 20, 2004 and prior to January 1, 2005; and

ii. For a coating sold in New Jersey on or after January 1, 2005, that was not sold in New Jersey prior to January 1, 2005, the registration shall be submitted prior to selling the coating in New Jersey;

4. A manufacturer who, after the submission of its registration, begins to manufacture a coating for sale in New Jersey which changes the original registration information, or if any of the information provided in the registration changes, shall submit a revised registration including the new information within 90 days of the change;

5. The information shall include the following:

i. The name of the manufacturer;

ii. The full mailing address of the manufacturer;

iii. The name, telephone number and email address of a contact person;

iv. The date code explanation for each coating; and

v. If the manufacturer is, for any product, complying with the requirements of this subchapter through a variance or exemption, the following:

(1) The product brand name;

(2) The category in N.J.A.C. 7:27-23.3(i) Table 1 to which the product belongs; and

(3) The state or California air quality management district that approved the variance or exemption and the approval date;

6. Notwithstanding (i) below, any information submitted as part of the registration pursuant to this subsection shall not be claimed to be confidential, including under the procedures set forth at N.J.A.C. 7:27-1.6 through 1.29; and

7. A manufacturer who claims that electronic submission of its registration will impose a hardship shall submit a request to the Department to submit its registration on paper, rather than electronically, as follows:

i. The request shall include an explanation of the hardship that electronic submission would impose on the manufacturer;

ii. The Department shall not approve a manufacturer's request to submit its registration on paper unless the Department is satisfied that electronic submission would impose hardship on the manufacturer; and

iii. The manufacturer shall submit the request to the Department at the following address: Department of Environmental Protection

Bureau of Air Quality Planning

Attn: Architectural Coating Registration

401 East State Street

Mail Code 401-07H

PO Box 420

Trenton, New Jersey 08625-0420

(d) Upon request, a manufacturer of an architectural coating shall submit to the Department a report concerning the coatings it sold in New Jersey which are subject to this subchapter. Such report shall be submitted within 90 days of the request. The request may include any or all of the following:

1. The name of the manufacturer;

2. The full mailing address of the manufacturer;

3. The name and telephone number of a contact person;

4. The name of each coating as described on its label;

5. The category of each coating sold;

6. Whether the coating is marketed for interior or exterior purposes;

7. The color category of each coating (such as white, pastel, medium or deep base for flat and non-flat coatings, and clear, semi-transparent or opaque for stains and varnishes);

8. The number of gallons sold in containers greater than one liter;

9. The number of gallons sold in containers less than or equal to one liter;

10. A list of VOC's used in each coating;

11. A list of exempt compounds used in the coating; and

12. The following information (as defined in the CARB 1998 Architectural Coatings Survey Results Final Report, September 1999, or subsequent CARB surveys, which is incorporated by reference herein and which can be found by accessing the CARB website):

i. The actual and regulatory VOC content (as defined in the CARB survey) in grams per liter. If products less than or equal to one liter have a different VOC content, list them separately;

ii. The actual and regulatory VOC content in grams per liter after recommended thinning. If products sold in containers less than or equal to one liter have a different VOC content list them separately; and

iii. The percent by volume solids.

(e) Records sufficient to provide the information listed in (d) above shall be maintained by each manufacturer for a minimum of three years.

(f) Each manufacturer of a coating subject to a VOC content limit in this subchapter shall keep records demonstrating compliance with the applicable VOC content limit. Such records shall consist of the results of testing and/or calculations in accordance with N.J.A.C. 7:27-23.4. These records are required to be kept by the manufacturer for a period of at least five years. Such records shall be made available by the manufacturer to the Department or its representatives within 30 days of the Department's request.

(g) If the Department requests any manufacturer of an architectural coating to 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, the manufacturer shall submit the test report to the Department within 30 days of the receipt of the request from the Department.

(h) A person who holds for sale, offers for sale, or sells any coating subject to this subchapter shall, upon request, identify to the Department or its representatives, the distributor or company from whom the coating was obtained.

(i) Except as provided at (c)6 above, any person who is required to submit information to the Department pursuant to this subchapter may assert a confidentiality claim for that information in accordance with N.J.A.C. 7:27-1.6. The Department will process and evaluate confidentiality claims and treat information claimed to be confidential in accordance with N.J.A.C. 7:27-1.6 through 1.29.

(j) Variance or exemption documentation shall be submitted to the Department in accordance with N.J.A.C. 7:27-23.3(j).

N.J. Admin. Code § 7:27-23.6

Amended by R.1990 d.342, effective 7/16/1990.
See: 21 N.J.R. 3360(a), 22 N.J.R. 2145(b).
Recordkeeping requirements revised.
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).
"VOS" replaced by "VOC".
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).