N.Y. Comp. Codes R. & Regs. tit. 6 § 241.5

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

Section 241.5 - Asphalt based surface coating

(a) VOC limitation. No asphalt based surface coating may be applied, sold, offered for sale, or manufactured if it contains more than 100 grams of VOC per liter.

(b) VOC content determination.

(1) Except as provided in paragraph (2) of this subdivision, the VOC content of an asphalt based surface coating must be determined through the use of the following equation:

(Ws)

VOC Content = ----------------------

( Vm - Vw)

where:

VOC content = grams of VOC per liter of coating

Ws = weight of VOCs, in grams

Vm = volume of coating, in liters

Vw = volume of water, in liters

The VOC content of a tint base shall be determined prior to the addition of the colorant.

(2) An alternative method may be used if approved by the department and the administrator.

(3) The department may additionally require the manufacturer to conduct a 40 CFR part 60, appendix A, method 24 (see Table 1, section 200.9 of this Title) analysis to verify the VOC content.

(c) Product labeling and recordkeeping.

(1) Small container asphalt-based surface coating labeling. Any manufacturer of an asphalt based surface coating that is supplied, sold, or offered for sale in containers less than or equal to 10 gallons in size must display on the container the following information:

(i) the product name; and

(ii) the VOC content. Each container must display either the maximum or the actual VOC content of the coating, as supplied, including the maximum thinning as recommended by the manufacturer. VOC content shall be displayed in grams of VOC per liter of coating. VOC content displayed shall be calculated using manufacturer's formulation data, or shall be determined according to subdivision (b) of this section.

(2) Bulk asphalt-based surface coating recordkeeping.

(i) Any person who sells or offers for sale any asphalt-based surface coating in quantities greater than 10 gallons in size must provide to the purchaser, and the department upon request, the following information regarding the coating:

(a) the invoice sheet, bill of sale, or product manifest document;

(b) the name of the supplier;

(c) the name of the manufacturer;

(d) the product name;

(e) the VOC content; and

(f) the material safety data sheet.

(ii) Any person who applies an asphalt-based surface coating from a container greater than 10 gallons in size must have available for inspection by department staff the documentation described in subparagraph (i) of this paragraph until the time that all the relevant coating is applied or discarded.

N.Y. Comp. Codes R. & Regs. Tit. 6 § 241.5