Ohio Admin. Code 3745-113-03

Current through all regulations passed and filed through October 28, 2024
Section 3745-113-03 - Standards for architectural and industrial maintenance (AIM) coatings
(A) On or after the effective date specified, any person subject to this chapter in accordance with rule 3745-113-02 of the Administrative Code shall ensure that the AIM coatings meet the following limits:
(1) VOC content limits.

Limits are expressed as VOC content, thinned to the manufacturer's maximum thinning recommendation, excluding any colorant added to tint bases.

Table: VOC Content Limits for AIM Coatings

Coating Type

Limit (grams/liter)

Limit (pounds/gallon)

Limit (grams/liter)

Limit (pounds/gallon)

Effective January 1, 2009 until December 31, 2023

Effective January 1, 2009 until December 31, 2023

Effective January 1, 2024

Effective January 1, 2024

Flat coatings

100

0.83

50

0.42

Non-flat coatings

150

1.25

100

0.83

Non-flat-high-gloss coatings

250

2.08

150

1.25

Specialty coatings:

Aluminum roof

N/A

N/A

450

3.75

Antenna coatings

530

4.42

N/A

N/A

Anti-fouling coatings

400

3.33

N/A

N/A

Basement specialty coatings

N/A

N/A

400

3.33

Bituminous roof coatings

300

2.50

270

2.25

Bituminous roof primers

350

2.92

350

2.92

Bond breakers

350

2.92

350

2.92

Calcimine recoaters

475

3.96

475

3.96

Clear wood coatings:

Clear brushing lacquers

680

5.67

N/A

N/A

Lacquers, including clear lacquer sanding sealers

550

4.59

N/A

N/A

Sanding sealers, excluding clear lacquers

350

2.92

N/A

N/A

Varnishes other than conversion varnishes

350

2.92

N/A

N/A

Concrete curing compounds

350

2.92

350

2.92

Concrete/masonry sealer

N/A

N/A

100

0.83

Concrete surface retarders

780

6.50

780

6.50

Conjugated oil varnish

450

3.75

450

3.75

Conversion varnish

725

6.04

725

6.04

Driveway sealers

N/A

N/A

50

0.42

Dry fog coatings

400

3.33

150

1.25

Faux finishing coatings

350

2.92

350

2.92

Fire-resistive coatings

350

2.92

350

2.92

Fire-retardant coatings:

Clear

650

5.42

N/A

N/A

Opaque

350

2.92

N/A

N/A

Floor coatings

250

2.08

100

0.83

Flow coatings

420

3.50

N/A

N/A

Form-release compounds

250

2.08

250

2.08

Graphic arts coatings (sign paints)

500

4.17

500

4.17

High-temperature coatings

420

3.50

420

3.50

Impacted immersion coatings

780

6.50

780

6.50

Industrial maintenance coatings

340

2.83

250

2.08

Low-solids coatings

120

1.00

120

1.00

Magnesite cement coatings

450

3.75

450

3.75

Mastic texture coatings

300

2.50

100

0.83

Metallic pigmented coatings

500

4.17

500

4.17

Multi-color coatings

250

2.08

250

2.08

Nuclear coatings

450

3.75

450

3.75

Pre-treatment wash primers

420

3.50

420

3.50

Primers, sealers, and undercoaters

200

1.67

100

0.83

Quick-dry enamels

250

2.08

N/A

N/A

Quick-dry primers, sealers and undercoaters

200

1.67

N/A

N/A

Reactive penetrating sealer

N/A

N/A

350

2.92

Reactive penetrating carbonate stone sealer

N/A

N/A

500

4.17

Recycled coatings

250

2.08

250

2.08

Roof coatings

250

2.08

250

2.08

Rust preventive coatings

400

3.33

250

2.08

Shellacs:

Clear

730

6.09

730

6.09

Opaque

550

4.59

550

4.59

Specialty primers, sealers and undercoaters

350

2.92

100

0.83

Stains

250

2.08

250

2.08

Stone consolidant

N/A

N/A

450

3.75

Swimming pool coatings

340

2.83

340

2.83

Swimming pool repair & maintenance coatings

340

2.83

N/A

N/A

Temperatureindicator Safety coatings

550

4.59

N/A

N/A

Thermoplastic rubber coatings and mastics

550

4.59

550

4.59

Traffic marking coatings

150

1.25

100

0.83

Tub and tile refinish

N/A

N/A

420

3.50

Waterproofing membranes

N/A

N/A

250

2.08

Waterproofing sealers

250

2.08

N/A

N/A

Waterproofing concrete/masonry sealers

400

3.33

N/A

N/A

Wood coatings

N/A

N/A

275

2.29

Wood preservatives

350

2.92

350

2.92

Zinc-rich primer

N/A

N/A

340

2.83

Conversion factor: one pound VOC per gallon (US) = 119.95 grams per liter.

(2) Most restrictive VOC limit.

If a coating is recommended for use in more than one of the specialty coating categories listed in the table in paragraph (A) of this rule, the most restrictive (or lowest) VOC content limit applies. This requirement applies to: usage recommendations that appear anywhere on the coating container, anywhere on any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf.

(a) Effective for products manufactured before January 1, 2024, this provision does not apply to the following coating categories:
(i) Lacquer coatings (including lacquer sanding sealers).
(ii) Metallic pigmented coatings.
(iii) Shellacs.
(iv) Fire-retardant coatings.
(v) Pretreatment wash primers.
(vi) Industrial maintenance coatings.
(vii) Low-solids coatings.
(viii) Wood preservatives.
(ix) High-temperature coatings.
(x) Temperature-indicator safety coatings.
(xi) Antenna coatings.
(xii) Antifouling coatings.
(xiii) Flow coatings.
(xiv) Bituminous roof primers.
(xv) Specialty primers, sealers, and undercoaters.
(xvi) Thermoplastic rubber coatings and mastics.
(xvii) Calcimine recoaters.
(xviii) Impacted immersion coatings.
(xix) Nuclear coatings.
(b) Effective for products manufactured on or after January 1, 2024, this provision does not apply to the following coating categories:
(i) Aluminum roof coatings.
(ii) Bituminous roof primers.
(iii) High temperature coatings.
(iv) Industrial maintenance coatings.
(v) Low-solids coatings.
(vi) Metallic pigmented coatings.
(vii) Pretreatment wash primers.
(viii) Shellacs.
(ix) Specialty primers, sealers, and undercoaters.
(x) Wood coatings.
(xi) Wood preservatives.
(xii) Zinc-rich primers.
(xiii) Calcimine recoaters.
(xiv) Impacted immersion coatings.
(xv) Nuclear coatings.
(xvi) Thermoplastic rubber coatings and mastic.
(xvii) Concrete surface retarders.
(3) Sell-through of coatings.

A coating manufactured prior to the effective date specified for that coating in the table in paragraph (A) of this rule, and that complied with the standards in effect at the time the coating was manufactured, may be sold, supplied, or offered for sale for up to three years after the specified effective date. In addition, a coating manufactured before the effective date specified for that coating in the table in paragraph (A) of this rule may be applied at any time, both before and after the specified effective date, so long as the coating complied with the standards in effect at the time the coating was manufactured. This paragraph does not apply to any coating that does not display the date or date code required by rule 3745-113-04 of the Administrative Code.

(B) Painting practices.

All AIM coating containers used to apply the contents therein to a surface directly from the container by pouring, siphoning, brushing, rolling, padding, ragging, or other means, shall be closed when not in use. These AIM coatings containers include, but are not limited to, drums, buckets, cans, pails, trays, or other application containers. Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use.

(C) Thinning.

No person who applies or solicits the application of any AIM coating shall apply a coating that is thinned to exceed the applicable VOC limit specified in the table of paragraph (A)(3) of this rule.

(D) Rust preventive coatings.

No person shall apply or solicit the application of any rust preventive coating for industrial use, manufactured before January 1, 2024, unless such a rust preventive coating complies with the industrial maintenance coating VOC limit specified in the table in paragraph (A) of this rule. No person shall sell or offer for sale any rust preventive coating for application to any nonmetallic substrate, nor shall any person apply a rust preventive coating to any nonmetallic substrate.

(E) Coatings not listed in the table of paragraph (A) of this rule.

For any coating that does not meet any of the definitions for the specialty coatings categories listed in the table of paragraph (A) of this rule, the VOC content limit is determined by classifying the coating as a flat coating, non-flat coating, or non-flat-high-gloss coating as defined in rule 3745-113-01 of the Administrative Code and the corresponding flat or non-flat or non-flat-high-gloss coating limit in the table in paragraph (A) of this rule applies.

(F) New categories.

Prior to January 1, 2024, any coating that meets the definition in rule 3745-113-01 of the Administrative Code for a coating category listed in the table in paragraph (A) of this rule, and complies with the applicable VOC limit in the table in paragraph (A) of this rule and reporting requirements, is considered in compliance with this rule.

Ohio Admin. Code 3745-113-03

Effective: 12/16/2022
Five Year Review (FYR) Dates: 9/9/2022 and 12/16/2027
Promulgated Under: 119.03
Statutory Authority: 3704.03(E)
Rule Amplifies: 3704.03(A), 3704.03(E)
Prior Effective Dates: 09/21/2007, 10/18/2013, 02/16/2019