N.J. Admin. Code § 7:27-26.4

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

Section 7:27-26.4 - Exemptions

(a) The requirements of this subchapter do not apply to the following compounds:

1. Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any laboratory testing (including testing by research and development, quality assurance or analytical laboratories), provided records are maintained sufficient to demonstrate compliance with this exemption and in accordance with 7:27-26.5;

2. Adhesives, sealants, adhesive primers and sealant primers that are subject to the provisions of N.J.A.C. 7:27-24;

3. Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied;

4. Cyanoacrylate adhesives;

5. Adhesives other than plastic cement welding adhesives and contact adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of one pound or less; and

6. Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of one gallon or less.

(b) The requirements of this subchapter do not apply to the following operations:

1. Tire repair operations, provided the label of the adhesive states "For tire repair only";

2. The assembly, repair and manufacture of aerospace or undersea-based weapons systems components;

3. Solvent welding operations used in the manufacture of medical devices; and

4. Plaque-laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992. The exemption in this paragraph shall not apply until the person claiming the exemption notifies the Department in writing that a complying adhesive is not available.

(c) The provisions of this subchapter, other than 7:27-26.3(a) and (b), do not apply if the total of VOC emissions from all adhesives, sealants, adhesive primers and sealant primers used at the facility is less than 200 pounds per calendar year, or an equivalent volume. Any person claiming exemption pursuant to this subsection shall record and maintain for five years monthly operational records sufficient to demonstrate compliance.

(d) The provisions of 7:27-26.3(c) and (e) do not apply to the use of any adhesives, sealants, adhesive primers, sealant primers, cleanup solvents and surface preparation solvents, provided the total volume of noncomplying adhesives, sealants, primers, cleanup and surface preparation solvents applied facility-wide does not exceed 55 gallons per calendar year. Any person claiming exemption pursuant to this subsection shall record and maintain for five years monthly operational records sufficient to demonstrate compliance.

(e) This subchapter does not apply to a manufacturer or distributor who sells, supplies or offers for sale in New Jersey any adhesive, sealant, adhesive primer or sealant primer that does not comply with the VOC content limits in 7:27-26.3, Table 1, provided that such manufacturer or distributor makes and keeps records demonstrating:

1. The adhesive, sealant, adhesive primer or sealant primer is intended for shipment and use outside of New Jersey; and

2. The manufacturer or distributor has taken reasonable precautions to assure that the adhesive, sealant, adhesive primer or sealant primer is not distributed to or within New Jersey.

(f) The provisions of (e) above do not apply to any adhesive, sealant, adhesive primer or sealant primer that is sold, supplied or offered for sale by any person to a retail outlet in New Jersey.

(g)7:27-26.3(a) and (b) do not apply to the sale or manufacture for sale of any adhesive, sealant, adhesive primer or sealant primer to a person complying with the requirements of this subchapter by using add-on air pollution control equipment, in conformance with a permit issued pursuant to N.J.A.C. 7:27-8, that satisfies the requirements for such add-on equipment at 7:27-26.3(f).

(h) A person may use in New Jersey "single-ply roof membrane installation or repair adhesives, and adhesive primers," manufactured on and after January 1, 2009, and before January 1, 2012, that exceed the VOC content limits specified in Table 1 at 7:27-26.3, only if the product that exceeds the limits is not used during the following periods:

1. In 2009, during the months of June through August; and

2. In 2010 and 2011, during the months of May through September.

(i) A person may manufacture for use, supply for use or sell for use, in New Jersey, on and after January 1, 2009, and before January 1, 2012, "single-ply roof membrane installation or repair adhesives, and adhesive primers" that exceed the VOC content limits specified in Table 1 at 7:27-26.3, only if the product that exceeds the limits is not sold during the following periods:

1. In 2009, during the months of June through August;

2. In 2010 and 2011, during the months of May through September; and

3. On and after January 1, 2012.

(j) Any manufacturer that sells "single-ply roof membrane installation or repair adhesives, and adhesive primers" for use in New Jersey, that exceed the VOC content limits specified in Table 1 at 7:27-26.3 as provided in (i) above shall notify in writing each distributor, retailer and seller of the product that the product is not to be sold in New Jersey during the periods specified in (i) above. This notification shall be made each year in accordance with the following schedule:

1. In 2009, prior to May 15; and

2. In 2010 and 2011, prior to April 15.

(k) If any manufacturer that sells "single-ply roof membrane installation or repair adhesives, and adhesive primers" for use in New Jersey that exceed the VOC content limits specified in Table 1 at 7:27-26.3 as provided in (i) above sells a product directly to the user of the product, the manufacturer shall notify in writing each direct user of the product that the product is not to be used in New Jersey during the periods specified in (h) above. This notification shall be made each year in accordance with the following schedule:

1. In 2009, prior to May 15; and

2. In 2010 and 2011, prior to April 15.

(l) A person may manufacture for sale, sell, supply for sale, offer for sale, use or apply for compensation, within New Jersey, any adhesive, sealant, adhesive primer or sealant primer that exceeds the applicable VOC content limits specified in Table 1 at 7:27-26.3, on or after January 1, 2009 and on or before June 29, 2010, if the user, in order to comply with this subchapter, will install add-on air pollution control equipment that is not installed as of December 29, 2008.

N.J. Admin. Code § 7:27-26.4