N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 228-2.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 228-2.4 - Requirements

(a)VOC content limits.

Except as provided in section 228-2.2 of this Subpart, no person shall use, apply, solicit, require the use of, specify the application of, sell, supply, offer for sale, or manufacture for sale in the State of New York any commercial or industrial adhesive, sealant, adhesive primer or sealant primer unless such adhesive, sealant, adhesive primer or sealant primer complies with the applicable VOC content limits specified in table 1 of this subdivision and the applicable requirements of this Subpart. For adhesives applied to the listed substrates, the VOC content limits in table 1 of this subdivision apply as follows:

(1) if an operator uses a commercial or industrial adhesive or sealant subject to a specific VOC content limit for such adhesive or sealant in table 1 of this subdivision, such specific limit is applicable rather than an adhesive-to-listed-substrate limit; and

(2) if an adhesive is used to bond dissimilar substrates together, the applicable substrate category with the highest VOC content shall be the limit for such use.

Table 1. VOC Content Limits for Adhesives, Sealants, Adhesive Primers, Sealant Primers and Adhesives Applied to the Listed Substrates

Adhesive, sealant, adhesive primer or sealant primer category	VOC content limit (grams per liter)
Adhesives
ABS welding	400
Ceramic tile installation	130
Computer diskette jacket manufacturing	850
Contact bond	250
Contact bond -- specialty substrate	250
Cove base installation	150
CPVC welding	490
Indoor floor covering installation	150
Metal to urethane/rubber molding or casting	850
Multipurpose construction	200
Nonmembrane roof installation/repair	300
Other plastic cement welding	510
Outdoor floor covering installation	250
PVC welding	510
Single-ply roof membrane installation/repair	250
Structural glazing	100
Thin metal laminating	780
Tire retread	100
Perimeter bonded sheet vinyl flooring installation	660
Waterproof resorcinol glue	170
Sheet-applied rubber installation	850
Sealants
Architectural	250
Marine deck	760
Nonmembrane roof installation/repair	300
Roadway	250
Single-ply roof membrane	450
Other	420
Adhesive Primers
Automotive glass	700
Plastic cement welding	650
Single-ply roof membrane	250
Traffic marking tape	150
Other	250
Sealant Primers
Non-porous architectural	250
Porous architectural	775
Marine deck	760
Other	750
Adhesives Applied to the Listed Substrate
Flexible vinyl	250
Fiberglass	200
Metal	30
Porous material	120
Rubber	250
Other substrates	250

(b)Surface preparation and cleanup solvents.

Except as provided in section 228-2.2 of this Subpart, no person shall use or apply, solicit, require the use of or specify the application of any surface preparation or clean-up solvent within the State of New York if such use or application results in a violation of the provisions of this Subpart. Any person using a surface preparation or cleanup solvent shall:

(1) except as provided in paragraph (2) of this subdivision for single-ply roofing, limit the VOC content of surface preparation solvent used to less than 70 grams per liter;

(2) if a surface preparation solvent is used in applying single-ply roofing, the composite vapor pressure, excluding water and exempt compounds, of the surface preparation solvent used, shall not exceed 45 mm Hg at 20° C;

(3) except as provided in paragraph (4) of this subdivision, limit the composite vapor pressure of a cleanup solvent to less than 45 mm Hg at 20° C; and

(4) perform the removal of a commercial or industrial adhesive, sealant, adhesive primer or sealant primer from the parts of spray application equipment as follows:

(i) in an enclosed cleaning system, or equivalent cleaning system as determined by the test method identified in section 228-2.6(h) of this Subpart;

(ii) using a solvent with a VOC content less than or equal to 70 grams of VOC per liter of material; and

(iii) parts containing dried adhesive may be soaked in a solvent if the composite vapor pressure of the solvent, excluding water and exempt compounds, is less than or equal to 9.5 mm Hg at 20° C and the parts and solvent are in a closed container that remains closed except when adding parts to or removing parts from the container.

(c)Emission control equipment.

As an alternative to utilizing materials that comply with the VOC content limits in subdivision (a) of this section, a person may achieve compliance by using add-on air pollution control equipment if such equipment meets the following requirements:

(1) the VOC emissions from the use of all adhesives, sealants, adhesive primers or sealant primers subject to this Subpart are reduced by an overall capture and control efficiency of at least 85 percent, by weight;

(2) the combustion temperature is monitored continuously if a thermal oxidizer is operated;

(3) inlet and exhaust gas temperatures are monitored continuously if a catalytic oxidizer is operated;

(4) control device efficiency is monitored continuously if a carbon absorber or control device other than a thermal or catalytic oxidizer is operated; and

(5) operation records sufficient to demonstrate compliance with the requirements of this subdivision are maintained as required by section 228-2.5 of this Subpart.

(d)Work practices.

Work practices shall be employed at facilities where the total actual VOC emissions from all industrial adhesive application processes, including related cleaning activities, equal or exceed three tons in a 12-month rolling period, before consideration of emission control equipment. Work practices shall include:

(1) the following types of application equipment, with the use of low-VOC adhesives or adhesive primers: electrostatic spray; HVLP spray; flow coat; roll coat or hand application, including non-spray application methods similar to hand or mechanically powered caulking gun, brush, or direct hand application; dip coat (including electrodeposition); airless spray; air-assisted airless spray; any other adhesive application method, subject to department approval, capable of achieving a transfer efficiency equivalent to or better than that achieved by HVLP spraying;

(2) the following work practices for storage, mixing operations, and handling operations for adhesives, thinners, and adhesive-related waste materials that:

(i) store all VOC-containing adhesives, adhesive primers, and process related waste materials in closed containers;

(ii) ensure that mixing and storage containers used for VOC-containing adhesives, adhesive primers, and process related waste materials are kept closed at all times except when depositing or removing these materials;

(iii) minimize spills of VOC-containing adhesives, adhesive primers, and process related waste materials; and

(iv) convey VOC-containing adhesives, adhesive primers, and process related waste materials from one location to another in closed containers or pipes.

(3) the following work practices to reduce VOC emissions from cleaning materials used in industrial adhesive application processes that:

(i) store all VOC-containing cleaning materials and used shop towels in closed containers;

(ii) ensure that storage containers used for VOC-containing materials are kept closed at all times except when depositing or removing these materials;

(iii) minimize spills of VOC-containing cleaning materials;

(iv) convey VOC-containing cleaning materials from one location to another in closed containers or pipes; and

(v) minimize VOC emission from cleaning of application, storage, mixing, and conveying equipment by ensuring that equipment cleaning is performed without atomizing the cleaning solvent and all spent solvent is captured in closed containers.

(e)Process-specific RACT demonstrations.

(1) The department may allow industrial adhesive application processes to operate with a lesser degree of control than is required by subdivisions (a), (b) and (c) of this section, provided the applicant makes a process specific reasonably available control technology (RACT) demonstration to the satisfaction of the department. Such process-specific RACT demonstrations must address the technical and economic feasibility of:

(i) utilizing compliant adhesives, sealants and coatings;

(ii) utilizing demonstrated and proven emission control technologies which would achieve the required overall removal efficiency determined pursuant to subdivision (c) of this section;

(iii) utilizing demonstrated and proven emission control technologies which would achieve a level of overall removal efficiency less than the required level determined pursuant to subdivision (c) of this section; and

(iv) utilizing demonstrated and proven production modification methods which would result in real, documented, and enforceable reductions in the VOC emissions from the process.

(2) Department approved process-specific RACT demonstrations under this subdivision shall be submitted to the EPA administrator for approval as State Implementation Plan revisions.

N.Y. Comp. Codes R. & Regs. Tit. 6 §§ 228-2.4