UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION II AIR PROGRAMS BRANCH

Technical Support Document 

for 

EPA(s Notice of Proposed Rulemaking

for the

New Jersey State Implementation Plan Revision:

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▬  April 9, 2009 State Implementation Plan Revision  
………………………….. p 3

▬  Subchapter 24, “Prevention of Air Pollution From Consumer
Products” ……. p 4 

▬ Subchapter 26, “Prevention of Air Pollution From Adhesives,
Sealants,  ……. p 11

Adhesive Primers and Sealant Primers,”

▬ Subchapter 34 “TBAC Emissions Reporting”
………………………………..  p 24

▬  What other rules are affected by the VOC definition change and
…………….p 26

 EPA’s evaluation? 

▬  April 9, 2009 State Implementation Plan Revision

On April 9, 2009, Mark N. Mauriello, Commissioner, New Jersey Department
of Environmental Protection (NJDEP), submitted to EPA a revision to the
New Jersey State Implementation Plan (SIP) that included:

Subchapter 24 “Prevention of Air Pollution From Consumer Products,” 

Subchapter 26, “Prevention of Air Pollution From Adhesives, Sealants,
Adhesive Primers and Sealant Primers,”

Subchapter 34 “TBAC Emissions Reporting,” and

Amending the definition of VOC throughout Title 7, Chapter 27 of the New
Jersey Administrative Codes (N.J.A.C.) and Chapter 27A, and Chapter 27B.

This SIP revision will provide statewide volatile organic compound (VOC)
emission reductions that New Jersey used in the 1997 8-hour ozone SIP to
address reasonable further progress goals and for attaining the 1997
8-hour ozone national ambient air quality standard.  The industrial
adhesives and sealants category was also a commitment in NJ’s RACT
SIP.

The NJDEP published the proposed rulemaking in the New Jersey Register
on November 5, 2007 (39 N.J.R. 4492) and announced that a public hearing
would be held, on December 10, 2007, in Trenton, New Jersey.  NJDEP
provided copies of the newspaper announcements and certification of
publication.  The public hearing was held on December 10, 2007 and
fifteen individuals provided written and/or oral comments.  The NJDEP
prepared a summary of the comments and then evaluated the comments. 
NJDEP then prepared a response to the comments.  The State adopted the
revisions on October 30, 2008 and published the adoption in the New
Jersey Register on December 1, 2008 (40 N.J.R. 6769).  These rules
became operative of December 29, 2008.  Also published in the New Jersey
Register was a summary of the comments received, the State response to
the comments and any changes to the proposed rule resulting from the
comments.

▬  Subchapter 24 “Prevention of Air Pollution From Consumer
Products” 

The Department’s new and amended rules for chemically formulated
consumer products rules are based upon the Ozone Transport
Commission’s 2007 model rule that were in turn based on the 2005
California Air Resources Board (CARB) rules.

Changes to Subchapter 24 - Chemically Formulated Consumer Products

Tables 1 through 4 below identify the chemically formulated consumer
products that are affected by the proposed rules. Table 1 identifies new
categories with VOC limits; Table 2 identifies the single category
regulated under the existing rules for which the Department has
promulgated a more restrictive VOC limit; Table 3 identifies those
categories in the existing rules that have additional air toxics
requirements; and Table 4 identifies new categories of chemically
formulated consumer products, that have air toxics requirements.

Table 1 - New Categories with Volatile Organic Compounds (VOC) Limits

Adhesive Remover (4 subcategories)

Anti-Static Product

Electrical Cleaner

Electronic Cleaner

Fabric Refresher

Footwear or Leather Care Product

Hair Styling Product*

Graffiti Remover

Shaving Gel

Toilet/Urinal Care Product

Wood Cleaner

* This product category will incorporate Hair Styling Gel and include
additional forms of hair styling products (that is, liquid, semi-solid,
and pump spray) but does not include Hair Mousse, Hair Shine or Hair
Spray. The Department does not propose to amend the existing VOC limits
for Hair Mousse, Hair Shine or Hair Spray.  

Table 2 - Previously Regulated Category with More Restrictive

Volatile Organic Compounds (VOC) Limit

Contact Adhesive**

** This product category has been separated into 2 subcategories:
General Purpose and Special Purpose

Table 3 - Previously Regulated Categories with Additional Air Toxics
Requirements

Air Freshener, Solid General Purpose Degreaser

Table 4 - New Categories with Air Toxics Requirements

Contact Adhesive

Electronic Cleaner

Footwear or Leather Care Product

General Purpose Degreaser

Toilet/Urinal Care Product

Adhesive Remover

Electrical Cleaner

Graffiti Remover

Automotive Consumer Product

The rules provide for unlimited sell-through for some products
(consistent with the Department’s previous rules), and a three-year
sell-through for those containing paradichlorobenzene, methylene
chloride, perchloroethylene and trichloroethylene.  Accordingly,
products manufactured prior to January 1, 2009, that do not meet the new
volatile organic compound limits can continue to be sold in New Jersey
if they comply with the rules in effect at the time they were
manufactured, and if they display the date or a code representing the
date on which they were manufactured.

Table 5 contains the product categories that are regulated, the form of
the product, VOC content limits “Maximum Allowable VOC Content” by
date the limit became effective that are regulated by Subchapter 24. 
Subchapter 24 includes specific exemptions, as well as registration and
product labeling requirements (7:27-24.5), recordkeeping and reporting
requirements (7:27-24.6), and test methods and procedures (7:27-24.7). 
Consumer products that are sold in New Jersey for shipment and use
outside of the State of New Jersey are exempt from the VOC content
limits.



TABLE 5

VOC CONTENT LIMITS FOR CHEMICALLY FORMULATED CONSUMER PRODUCTS

Chemically Formulated Consumer Product Category	Form	Maximum Allowable
VOC Content



(percent by weight,1 unless otherwise indicated)2



State Standard Operative Date 4/30/96-12/31/043	State Standard Operative
Date 1/1/2005	State Standard Operative Date 1/1/2009













Adhesive Removers	Floor or wall covering	 	 	5

	Gasket or thread locking	 	 	50

	General purpose	 	 	20

	Specialty	 	 	70

Adhesives	Aerosol:	75	 	 

	     Mist spray	 	65	 

	     Web spray	 	55	 

	Special purpose spray adhesives:	 	 	 

	Mounting, automotive engine compartment, and flexible vinyl	 	70	 

	Polystyrene foam and automotive headliner	 	65	 

	Polylolefin and laminate repair/edgebanding	 	60	 

	Contact:	80	80	N/A5

	   Contact general purpose	 	 	55

	   Contact special purpose	 	 	80

	Construction, panel, and floor covering	40	15	 

	General purpose	10	10	 

	Structural waterproof	(Reserved)	15	 

Air fresheners	Single-phase aerosols	70	30	 

	Double-phase aerosols	30	25	 

	Liquids/pump sprays	18	18	 

	Solids/semisolids	3	3	 

Antiperspirants	Aerosols	60 HVOC	40 HVOC	 



	10 MVOC



Non-aerosols	0 HVOC	0 HVOC0 MVOC	 







Anti-static products, non-aerosol	 	 	 	11







Automotive brake cleaners	 	 	45	 

Automotive rubbing or polishing compounds	 	 	17	 

Automotive waxes, polishes, sealants or glazes	Hard paste waxes	 	45	 

	Instant detailers	 	3	 

	All other forms	 	15	 

Automotive windshield washer fluids	 	 	35	 

Bathroom and tile cleaners	Aerosols	7	7	 

	All other forms	5	5	 

Bug and Tar Removers	 	 	40	 

Carburetor or fuel-injection air intake cleaners	Aerosols	75	45	 

	Non-aerosols	75	45	 

Carpet and upholstery cleaners	Aerosols	 	7	 

	Non-aerosols (dilutables)	 	0.1	 

	Non-aerosols (ready-to-use)	 	3	 

Charcoal lighter material	 	 	0.02 lb/start4	 

Cooking sprays	Aerosols	18	18	 

Deodorants	Aerosols	20 HVOC	0 HVOC	 



	10 MVOC



Non-aerosols	0 HVOC	0 HVOC	 



	0 MVOC

	Dusting aids	Aerosols	35	25	 

	All other forms	7	7	 

Electrical cleaners	 	 	 	45

Electronic cleaners	 	 	 	75

Engine degreasers	Aerosols	75	35	 

	Non-aerosols	75	5	 

Fabric protectants	 	75	60	 

Fabric polishes/waxes	Products for flexible flooring materials	7	7	 

	Products for nonresilient flooring	10	10	 

	Wood floor wax	90	90	 

Fabric refreshers	Aerosol	 	 	15

	Non-aerosol	 	 	6

Floor wax strippers	Non-aerosol:	 	 	 

	     For light or medium build-up	 	3	 

	     For heavy build-up	 	12	 

Footwear or leather care products	Aerosol	 	 	75

	Solid	 	 	55

	Other forms	 	 	15

Furniture maintenance products	Aerosols	25	17	 

	All other forms except solid or paste	 	7	 

General purpose cleaners	Aerosols	10	10	 

	Non-aerosols	10	4	 

General purpose degreasers	Aerosols	 	50	 

	Non-aerosols	 	4	 

Glass cleaners	Aerosols	12	12	 

	All other forms	8	 	 

	Non-aerosols	 	4	 

Graffiti removers	Aerosol	 	 	50

	Non-aerosol	 	 	30

Hair mousses	 	16	6	 

Hair shines	 	 	55	 

Hair sprays	 	80	55	 

Hair styling gels	 	6	6	 

Hair styling products	Aerosol and pump sprays	 	 	6

	All other forms	 	 	2

Heavy-duty hand cleaner or soaps	 	 	8	 

Insecticides	Crawling bug:	40	 	 

	     Aerosols	 	15	 

	     All other forms	 	20	 

	Flea and tick	25	25	 

	Flying bug:	35	 	 

	     Aerosols	 	25	 

	     All other forms	 	35	 

	Foggers	45	45	 

	Lawn and garden:	20	 	 

	     Non-aerosols	 	3	 

	     All other forms	 	20	 

	Wasp and hornet	 	40	 

Laundry prewash	Aerosol/solids	22	22	 

	All other forms	5	5	 

Laundry starch products	 	5	5	 

Metal polishes/cleansers	 	 	30	 

Multi-purpose lubricants (excluding solid or semi-solid products)	 	 
50	 

Nail polish removers	 	85	75	 

Non-selective terrestrial herbicide	Non-aerosols	 	3	 

Oven cleaners	Aerosols/pump sprays	8	8	 

	Liquids	5	5	 

Paint removers or strippers	 	 	50	 

Penetrants	 	 	50	 

Rubber and vinyl protectants	Aerosols	 	10	 

	Non-aerosols	 	3	 

Sealants and caulking compounds	 	 	4	 

Shaving creams	 	5	5	 

Shaving gels	 	 	 	7

Silicone-based multi-purpose lubricants (excluding solid or semi-solid
products)	 	 	60	 

Spot removers	Aerosols	 	25	 

	Non-aerosols	 	8	 

Tire sealants and inflators	 	 	20	 

Toilet/urinal care products	Aerosol	 	 	10

	Non-aerosol	 	 	3

Undercoatings	Aerosols	 	40	 

Wood cleaners	Aerosol	 	 	17

	Non-aerosol	 	 	4

Footnotes to Table:

1  Weight is the product’s total weight, exclusive of the packaging.

2  The Federal VOC limits, which became operative December 10, 1998, are
promulgated at 40 CFR 59, Subpart C, Table 1.

3  As of January 1, 2005, the State limits operative as of April 30,
1996 are no longer applicable.

4  See N.J.A.C. 7:27-24.4(i) for additional State requirements
pertaining to charcoal lighter material.

5  On and after January 1, 2009, the contact adhesive category shall not
be applicable and is replaced with two new categories, Contact general
purpose and Contact special purpose.



EPA’s Evaluation

Subchapter 24 contains definitions, applicability and exemptions,
emission limits, compliance dates, reporting and recordkeeping
requirements, and test methods for compliance determination.  When
Subchapter 24’s VOC content limits are compared to EPA’s Subpart C -
“N  HYPERLINK
"http://ecfr.gpoaccess.gov/cgi/t/text/text-idx?c=ecfr;sid=ba6bb782265181
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r"  ational Volatile Organic Compound Emission Standards for Consumer
Products ” ( 40 CFR Part 59), New Jersey’s limits are either more
stringent or the same.

Subchapter 24 includes provisions for accepting innovative products
exemptions (IPEs), alternative compliance plans (ACPs), and variances
that have been approved by the California Air Resources Board (CARB) or
other states with adopted consumer product regulations based on the
Ozone Transport Commission (OTC) “Model Rule for Consumer Products.”
 Although the regulation contains references to provisions that allow
ACP, recent discussion with CARB indicates there are no current users of
the ACP.

EPA’s last approval of Subchapter 24 occurred on January 25, 2006 (71
FR 4045).  EPA had previously approved Subchapter 24 that included
provisions for accepting IPEs, ACPs, and variances that have been
approved by the California Air Resources Board (CARB) or other states
with adopted consumer product regulations based on the Ozone Transport
Commission (OTC) “Model Rule for Consumer Products.”  These
provisions were fully discussed in previous rulemakings.  As part of a
previous SIP revision, New Jersey committed to forwarding all innovative
product exemptions, alternative compliance plans and variances that the
State accepts to EPA, Region 2, in order for EPA to be able to determine
what the compliance requirements are for all sources regulated by the
New Jersey SIP.  There have been no changes to these provisions in the
current rulemaking and EPA’s previous findings still stand.

The submitted Consumer Products regulation fulfills the relevant CAA
Section 110 and Part D requirements.  EPA staff recommends approval of
the submitted Subchapter 24 Chemically Formulated Consumer Products
provisions consistent with CAA Section 110(k)(3). 

Changes to Subchapter 24 - Portable fuel containers

The Department’s consumer products rule at N.J.A.C. 7:27-24 also
addresses portable fuel containers.  Portable fuel containers are
designed for transporting and storing fuel from retail distribution to
the point of use and the eventual dispensing of the fuel into equipment.
 Commonly referred to as “gas cans,” these products come in a
variety of shapes and sizes, with nominal capacities from under one
gallon to over six gallons.  Fuel stored in portable fuel containers is
a significant source of air pollution in New Jersey and throughout the
United States.  Volatile organic compound emissions from portable fuel
containers are classified by five different activities: permeation
emissions, which are fuel molecules that escape through the wall of the
portable fuel containers; diurnal emissions, which are stored fuel
molecules that escape to the air through any opening of the portable
fuel containers; transport-spillage emissions, which are fuel vapors
produced from any accidental discharge of a fuel while the fuel is being
transported to another destination; spillage emissions, which are fuel
vapors produced when fuel is being distributed from a container to
another source; and refueling-vapor displacement emissions, which are
fuel vapors that escape when a fuel tank or fuel container is being
refueled from a portable fuel container.  Of these, the diurnal
emissions are the largest source of volatile organic compounds.

The Ozone Transport Commission amended its 2001 model rule based on
CARB’s 2006

amendments. The Department bases its amendments to its portable fuel
container rule on the Ozone Transport Commission’s 2007 model rule. 
For more details on the Ozone Transport Commission’s 2007 model rule
for portable fuel containers, see the Ozone Transport Commission
Technical Support Document and the model rule posted on the Ozone
Transport Commission website at   HYPERLINK "http://www.otcair.org" 
http://www.otcair.org .

The Department’s rules require that portable fuel containers and/or
spouts must be certified or exempted by either CARB or the USEPA as
meeting their performance standards, as evidenced by the issuance of a
CARB Executive Order or USEPA documentation to that effect. 
Manufacturers of portable fuel containers and spouts must comply with
the proposed rules by 30 days after the operative date of the rules.
Consistent with similar provisions in CARB’s portable fuel container
rules, the Department’s proposed rules provide additional time (up to
one year after the operative date of the rules) for a portable fuel
container or spout that is labeled or designated for use solely with
kerosene to come into compliance with the certification requirements, if
it displays the date of manufacture or a manufacture date-code.  In this
way the rule would accommodate the manufacturers of these kerosene
containers who were not previously regulated by the Department’s
portable fuel container requirements.

Subchapter 24	includes the following provisions applicable to portable
fuel containers and spill proof spouts: labeling (7:27-24.9),
recordkeeping and reporting (7:27-24.10), and testing (7:27-24.11).

EPA’s Evaluation

Subchapter 24 contains definitions, applicability and exemptions,
emission limits, compliance dates, reporting and recordkeeping
requirements, and test methods for compliance determination.  

Subchapter 24 contains similar provisions for accepting innovative
products exemptions (IPEs), alternative compliance plans (ACPs), and
variances that apply to portable fuel containers and spill proof spouts
and EPA’s previous findings apply for these products as well.

 The submitted Consumer Products regulation fulfills the relevant CAA
Section 110 and Part D requirements.  EPA staff recommends approval of
the submitted Subchapter 24 Portable fuel containers and spill proof
spouts provisions consistent with CAA Section 110(k)(3). 

▬ Subchapter 26 - “Prevention of Air Pollution From Adhesives,
Sealants, Adhesive Primers and Sealant Primers”

	OTC Model Rule For Adhesives and Sealants and New Jersey’s Subchapter
26 Provisions Compared to the Control Techniques Guidelines for
Miscellaneous Industrial Adhesives, September 2008

OTC Model Rule

The Ozone Transport Commission (OTC) developed a model rule as part of a
regional effort to attain and maintain the eight-hour ozone standard and
reduce eight-hour ozone levels.  States opting to promulgate rules based
on this model rule will utilize State-specific administrative
requirements and procedures.  New Jersey’s adopted “Subchapter 26
Prevention of Air Pollution From Adhesives, Sealants, Adhesive Primers
And Sealant Primers is based on the OTC model rule.”

A reasonably available control technology determination prepared by the
California Air Resources Board (CARB) in 1998 forms the basis of the OTC
model rule.  In the years 1998-2001, the provisions of the CARB
determination were adopted in regulatory form in various air pollution
control districts in California including the Bay Area, Ventura County,
Sacramento Metropolitan and San Joaquin Valley.

The provisions of this model rule limit emissions of volatile organic
compounds (VOCs) from adhesives, sealants, adhesive primers and sealant
primers.  The model rule achieves VOC reductions through two basic
components: sale and manufacture restrictions that limit the VOC content
of specified adhesives, sealants, adhesive primers and sealant primers
sold in the state; and use restrictions that apply primarily to
commercial/industrial applications.  By reducing the availability of
higher VOC content adhesives and sealants within the state, the sales
prohibition is also intended to address adhesive and sealant usage at
area sources.  Emissions from residential use of regulated products are
addressed through the sales restrictions and simple use provisions.  

The associated emissions reductions will be used as part of the
State’s plan to attain and maintain the 8-hour national ambient air
quality standard.

Control Techniques Guideline

EPA addressed a portion of this category, adhesives and adhesive
primers, in a Control Techniques Guideline (CTG) document - “Control
Techniques Guidelines for Miscellaneous Industrial Adhesive,
EPA-453/R-08-005” in September 2008. See Docket number
EPA-HQ-OAR-2008-0460 (the “CTG” hereafter).

“This CTG is intended to provide State and local air pollution control
authorities information that should assist them in determining RACT for
VOCs from miscellaneous industrial adhesive application processes. In
developing this CTG, EPA, among other things, evaluated the sources of
VOC emissions from miscellaneous industrial adhesives application
processes and the available control approaches for addressing these
emissions, including the costs of such approaches. Based on available
information and data, EPA provides recommendations for RACT for
miscellaneous industrial adhesives.  States can use the recommendations
in this CTG to inform their own determination as to what constitutes
RACT for VOCs for miscellaneous industrial adhesive application
processes in their particular nonattainment areas. The information
contained in this document is provided only as guidance. This guidance
does not change, or substitute for, requirements specified in applicable
sections of the CAA or EPA’s regulations; nor is it a regulation
itself. This document does not impose any legally binding requirements
on any entity. It provides only recommendations for State and local air
pollution control agencies to consider in determining RACT. State and
local pollution control agencies are free to implement other
technically-sound approaches that are consistent with the CAA and
EPA’s implementing regulations” (CTG page 1).  

“When State and local pollution control agencies develop RACT rules,
they may elect to adopt control approaches that differ from those
described in this document and/or promulgate applicability criteria that
differ from those recommended here [in this CTG].”  (CTG page 3)

EPA issued the CTG pursuant to the authority and to meet a requirement
set by section 183(e) of the CAA.  Section 183(e) directed the EPA to
list for regulation those categories of products that account for at
least 80 percent of the VOC emissions from consumer and commercial
products in ozone nonattainment areas, and to schedule those categories
for regulation in four groups.  Section 183(e)(3)(C) further provides
that we may issue a CTG in lieu of a national regulation for a product
category where we determine that the CTG will be ‘‘substantially as
effective as regulations’’ in reducing emissions of VOC in ozone
nonattainment areas.  See for example, 64 FR 13422, March 18, 1999.  EPA
has revised the list several times.  See 70 FR 69759, November 17, 2005;
64 FR 13422, March 18, 1999; and most recently, 71 FR 28320, May 16,
2006.

Under section 183(e), a regulation for consumer or commercial products
is limited to measures applicable to manufacturers, processors,
distributors, or importers of the solvents, materials, or products
supplied to the consumer or industry.  Section 183(e) does not authorize
EPA to issue national regulations that would directly regulate end-users
of these products. By contrast, CTG are guidance documents that
recommend reasonably available control technology (RACT) measures that
States can adopt and apply to the end-users of products.  See 73 FR
58481 at 58483, October 7, 2008.  However, section 183(e) does not
impose the same restrictions upon States upon regulation of end-users
and manufacturers, processors, distributors, or importers.  Therefore, a
State can regulate manufacturers, processors, distributors, or importers
and end-users of a product category for which EPA has issued a CTG.  

I. APPLICABILITY

1.  The scope of the CTG is focused on industrial adhesive application
processes at facilities, i.e., stationary sources.  The limits and
requirements apply to facilities where the total actual VOC emissions
from all miscellaneous industrial adhesive application processes,
including related cleaning activities, at that facility are equal to or
exceed 6.8 kg/day (15 lb/day), or an equivalent level such as 3 tons per
12-month rolling period, before consideration of controls.  

The OTC model rule is broader than the CTG and applies to processes
below the 6.8 kg/day recommendation.  It also applies outside of
stationary source facilities when the adhesives are applied in the
field.

2.  The OTC model rule is also applicable to any person who: sells,
supplies for sale, offers for sale or manufactures for sale any
adhesive, sealant, adhesive primer or sealant primer.   The CTG is not
applicable to these people. 

II. DEFINITIONS

Generally the OTC model rule and CTG use the same terms and definitions
for those terms.  The OTC model rule contains additional definitions to
address sealants and sealant primers and additional types of products. 
There are minor differences with some terms because the CTG focuses on
the processes at a facility while the OTC model rule also incorporates
prohibitions on selling, offering for sale and using products that can
occur outside of a facility.  There are some instances where the CTG and
the OTC model rule use different terms for the same process/product, but
these are substantively the same.

Specific examples:

There appears to be an inconsistency in the CTG with the category of
tire repair/ tire retread.  Tire repair generally would not occur at a
manufacturing facility, but at smaller operations in the field.  The
Draft CTG used a term “Tire retreading” which would be a process
that occurs at a manufacturing facility.  The OTC model rule and
Subchapter 26 regulate “tire retread” and defines the category in
terms of manufacture and not the repair of a puncture.  Subchapter 26
definition is consistent with SCAQMD rule 1168’s definition of “tire
tread adhesive.”  The CTG was developed based upon SCAQMD rule 1168
and similar rules.  Therefore, with regards to “tire retread” and
“tire repair” processes, the OTC model rule and Subchapter 26 are
consistent those rules upon which the CTG founded its recommendations.

The CTG does not distinguish between cleaning materials used for surface
preparation and those used for cleaning application equipment, but the
OTC model rule does make this distinction. 

The recommendations for roof membranes in the CTG do not extend to field
applied materials, because: (1) field-applied adhesives are not part of
the miscellaneous industrial adhesives category and are therefore not
covered by this CTG, and (2) nonmembrane roof installation/repair
adhesive and EPDM described in the comments received on the draft CTG
are field applied products and are therefore not included in the
miscellaneous industrial adhesives category.  To the extent the
recommendations in the OTC model rule sets limits for EPDM single-ply
roof membranes it makes a recommendation beyond those in the CTG.

It appears that the inclusion of “Motor vehicle glass bonding
primer” in the CTG covers a slightly broader class of adhesives
primers than “Automotive glass adhesive primer.”

The OTC model rule includes wood in the definition of “porous
material” while the CTG does not and has a separate limit for wood. 
The CTG’s recommended definition was made in the absence of limits for
sealants and sealant primers and specifically excludes wood from being
considered a porous material.  

III. REQUIREMENTS

1.  The OTC model rule applies to any person who sells, supplies or
offers for sale any adhesive, sealant, adhesive primer or sealant primer
manufactured on or after January 1, 2009, or manufacture for sale any
adhesive, sealant, adhesive primer or sealant primer in excess of the
applicable VOC content limits specified in Table 1.  The CTG does not
apply to people who sell or manufacture these coatings.

2.  The OTC model rule applies to any person who uses or applies (for
compensation) any adhesive, sealant, adhesive primer or sealant primer
that has an applicable VOC content limit specified in Table 1 that is
not otherwise exempted.  The CTG only recommends application of the
limits and requirements to facilities where the total actual VOC
emissions from all miscellaneous industrial adhesive application
processes, including related cleaning activities, at that facility are
equal to or exceed 6.8 kg/day (15 lb/day), or an equivalent level such
as 3 tons per 12-month rolling period, before consideration of controls.
 The OTC model Rule covers “field applied adhesives” which the CTG
does not cover.

3.  Both the CTG and the OTC model rule have a table of content limits
for the regulated products.  See the comparison of table limits and
discussion below.

4.  The CTG did not propose recommendations for VOC content or VOC
composite vapor pressure limits for cleaning materials.  The OTC model
rule and Subchapter 26 contained the following limits for cleaning
materials:

	(A)  limits the VOC content of  the surface preparation solvent to less
than 70 grams per liter;

	(B)  limits the VOC content of surface preparation solvent  used in
applying single-ply roofing to a composite vapor pressure, excluding
water and exempt compounds, to not exceeding 45 mm Hg at 20 degrees
Celsius;

	(C)  limits materials containing VOCs used to remove adhesives,
sealants, or adhesive or sealant primers from surfaces unless the
composite vapor pressure of the solvent used is less than than 45 mm Hg
at 20 degrees Celsius;

(D)  requires spray application equipment be cleaned in enclosed
cleaning systems using cleaning solvents with less than or equal to 70
grams of VOC per liter of material, or by soaking parts in closed
systems using and 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 degrees Celsius.

(5)  Both the CTG and OTC model rule provide for the use of add-on air
pollution control equipment instead of meeting the solvent content
limits.  Both require that controls reduce VOC emissions by an overall
capture and control efficiency of at least 85%, by weight.  The OTC
model rule includes additional provisions to insure that the control
equipment is operated properly.

(6)  Both the CTG and OTC model rule require work practices to minimize
emissions from cleaning operations.  The CTG recommendations are more
detailed while the OTC model rule is more general.

(7)  The OTC model rule prohibitions the specification of non-complying
adhesives, sealants, adhesive primers, sealant primers, surface
preparation or clean-up solvents. 

(8)  The CTG also recommends that adhesive/adhesive primers be applied
using application methods with good transfer efficiency in conjunction
with the use of low-VOC content adhesives.  Specifically, the CTG
recommends the following application methods: 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), roll coat, dip coat (including
electrodeposition), airless spray, air-assisted airless spray, or other
coating application method capable of achieving good transfer
efficiency. (Final CTG, Section VI.B., page 19.)  The CTG recommends
application methods with good transfer efficiencies for stationary
facilities and does not make recommendations for field applied adhesives
and sealants.  The OTC model rule does not address application methods.

IV. EXEMPTIONS AND EXCEPTIONS

(1)  CTG and OTC model rule have similar exemptions for the following:

(A)  Adhesives, sealants, adhesive primers or sealant primers being
tested or evaluated in any research and development, quality assurance
or analytical laboratory;  

(B)  Cyanoacrylate adhesives;

(C)  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, except plastic cement welding adhesives and contact adhesives;

	(D)  Processes using polyester bonding putties to assemble fiberglass
parts at fiberglass boat manufacturing facilities and at other
reinforced plastic composite manufacturing facilities;

	(E)  In the assembly, repair and manufacture of aerospace or
undersea-based weapon systems;

	(F)  Solvent welding operations used in the manufacture of medical
devices.

(2)  OTC model rule exemptions not in CTG:

(A)  Adhesives, sealants, adhesive primers and sealant primers that are
subject to state consumer product regulation.  State consumer product
regulations generally regulate the same categories as the Federal
Regulation (of 40 CFR Part 59).  Under section 183(e) the consumer
products regulated by 40 CFR Part 59 can not be the same adhesive
products and adhesive primers as those covered by the CTG, and,
therefore this provision of the OTC model rule merely clarifies that
here is no double regulation;

(B)  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.  This limit is less than any limit recommended by the CTG.

(C)  Contact adhesives that are sold or supplied by the manufacturer or
supplier in containers with a net volume of one gallon or less.   Some
California Air Districts have a similar size exemption but with
additional conditions.

(D)	Tire repair operations, provided the label of the adhesive states
"For tire repair only;"  

(E)	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.  Any person claiming exemption pursuant
to this subparagraph shall record and maintain monthly operational
records sufficient to demonstrate compliance with this exemption and in
accordance with section (V) of this rule.

	

In addition, the CTG recommends that these sources be subject to the
work practices recommendation.  

(3) The OTC model rule exempts total VOC emissions from all adhesives,
sealants, adhesive primers and sealant primers used at a facility that
are less than 200 pounds per calendar year, or an equivalent volume. 
Any person claiming exemption pursuant to this subparagraph shall record
and maintain monthly operational records sufficient to demonstrate
compliance.  

(4)  The OTC model rule exempts 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 subparagraph shall record and maintain monthly
operational records sufficient to demonstrate compliance.  This is
equivalent to 400 pound per year, while the CTG applicability starts at
6.8 kg/day (15 lb/day) or an equivalent level such as 3 tons (6000
pound) per 12-month rolling period.

(5) The OTC model rule exempts adhesive, sealant, adhesive primer or
sealant primer intended for shipment and use outside of OTC States or in
Subchapter 26, New Jersey. 

(6)  The OTC model rule exempts any adhesive, sealant, adhesive primer
or sealant primer that is controlled by add-on air pollution control
equipment.  

V. ADMINISTRATIVE REQUIREMENTS

The OTC model rule contains detailed record keeping requirements for
demonstrating compliance with the VOC content limits and recording the
key operating parameters for the control equipment that must be
maintained for five years.  

Any state rule for a CTG must contain monitoring and recordkeeping
requirements.  

VI. COMPLIANCE PROCEDURES AND TEST METHODS

Both the CTG and OTC model rule contain the same primary test methods
and compliance procedures.  The OTC model rule contains additional
references to other relevant standard test methods for both solvent
analysis and for determining compliance of add-on control equipment.

  

Any state rule for a CTG must contain test methods for determining
compliance.  

VII. CONTAINER LABELING

The OTC model rule requires labeling of product container with the
maximum or actual VOC content of the product along with information
concerning thinning of the product.

VIII. Emission Limit Table

The table below provides an analysis of the CTG recommended VOC emission
limits for general and specialty adhesive application processes compared
to the OTC model rule VOC content limits for adhesives, sealants,
adhesive primers sealant primers and adhesives applied to particular
substrates.  Where there is no comparable limit the column is left
blank.  In the CTG recommendation column, categories with brackets {   }
around them indicates there is a difference in a definition or provision
which differs from the OTC model rule.  Below the table are series of
“Notes” which discuss some of the differences between the OTC model
rule and the CTG and refer back to some of the California adopted rules
(CARB model rule) for which the OTC model rule was based on.  

Both the CTG and the OTC model rule were based on the California
rulemaking efforts for this category and the CTG also bases it’s
recommended emission limits on the OTC model rule (see page 16, last
paragraph).  The CTG also states “we consider the limits in the OTC
model rule to be representative of what sources in nonattainment areas
nationwide can achieve technically and economically and have therefore
adopted these VOC limits as our recommendations in the CTG.”  OTC
Model Rule 	CTG Recommendation

Category	VOC content limit

(grams VOC per liter*)	 Category	Recommended VOC Emission Limit1

(g/l)

Adhesives

Specialty Adhesive Application Processes

	ABS welding	400	{Plastic Solvent Welding (ABS)}	400

Ceramic tile installation	130	Ceramic Tile Installation	130

Computer diskette jacket manufacturing	850	 	 

Contact bond [Note C]	250	{Contact Adhesive} [Note C]	250

Cove base installation	150	Cove Base Installation	150

CPVC welding	490	{Plastic Solvent Welding (Except ABS)}	{500}

Indoor floor covering installation	150	Floor Covering Installation
(Indoor)	150

Metal to urethane/rubber molding or casting	850	Metal to Urethane/Rubber
Molding or Casting	850



Motor Vehicle Adhesive  [Note I]	250



Motor Vehicle Weatherstrip Adhesive  [Note I]	750

Multipurpose construction	200	Multipurpose Construction	200

Nonmembrane roof installation/repair	300	 	 

Other plastic cement welding	510	{Plastic Solvent Welding (Except ABS)}
500

Outdoor floor covering installation	250	Floor Covering Installation
(Outdoor)	250

PVC welding	510	{Plastic Solvent Welding (Except ABS)}	500

Single-ply roof membrane installation/repair  [Note J:]	250	Single-Ply
Roof Membrane Installation/Repair (Except EPDM)	250

Structural glazing	100	Structural Glazing	100

Thin metal laminating	780	Thin Metal Laminating	780



Tire Repair [Note A]	100

Tire retread  [Note A]	100



Perimeter bonded sheet vinyl flooring installation	660	{Floor Covering
Installation (Perimeter Bonded Sheet Vinyl)}  [Note C]	660

Waterproof resorcinol glue	170	Waterproof Resorcinol Glue	170

Sheet-applied rubber installation	850	{Sheet Rubber Lining Installation}
 [Note C]	850

	 	 	 

Sealants	 	 	 

Architectural	250	 	 

Marine deck	760	 	 

Nonmembrane roof installation/repair	300	 	 

Roadway	250	 	 

Single-ply roof membrane	450	 	 

Other	420	 	 

 	 	 	 

Adhesive Primers	 	Adhesive Primer Application Processes

	Automotive glass  [Note H]	700





Motor Vehicle Glass Bonding Primer [Notes B and H]	900

Plastic cement welding	650	{Plastic Solvent Welding Adhesive Primer}
[Note C]	650

Single-ply roof membrane	250	Single-Ply Roof Membrane Adhesive Primer
[Note B]	250

Traffic marking tape	150	 	 

Other  	[Note H]   250	Other Adhesive Primer [Note B]	250

Sealant Primers

	 	 	 

Non-porous architectural	250	 	 

Porous architectural	775	 	 

Marine deck	760	 	 

Other	750	 	 

 	 	 	 

Adhesives Applied to the Listed Substrate	  [Notes E and I]	General
Adhesive Application Processes 2	 [Note E]

Flexible vinyl	  [Note I]  250	Flexible vinyl	250

Fiberglass	[Notes I & F]  200

  



Reinforced plastic composite  [Note F]	[Note F]  200

Metal	[Note I]  30	Metal	30

Porous material (Including wood)	[Note I]  120	Porous Material
(Excluding Wood)	120

Rubber	[Note I]  250	Rubber	250

Other substrates	[Note I]  250	Other Substrates	250

 	 	Wood	30

* The VOC content is determined as the weight of volatile compounds,
less water and exempt compounds as specified in Section VI of this rule.

1 Emission limits are mass of VOC per volume of adhesive or adhesive
primer, excluding water and exempt compounds.

2 If an adhesive is used to bond dissimilar substrates together, then
the applicable substrate category with the highest VOC emission limit is
recommended as the limit for such application.  The analogous provision
in the OTC Model Rule is found in Section III.(3) of that rule. 

Notes:  

A.  The CTG is inconsistent with the State rules cited in Appendix D in
that none of these rules set a limit for “tire repair” adhesives (as
that term is defined in each of these rules) but rather set a limit for
“tire retread(ing) adhesives” which is the same as the 100 g
VOC/liter limit in this model rule (which is as expected since this rule
is based upon one or more of the California rules).  

B.  The CTG has the words “Adhesive Primer” in its table whereas in
the OTC model rule this is to be understood from the sub-heading.  

C.  The CTG and OTC Model Rule use slightly different terms to cover the
same processes or products.  

The CTG uses the term “Floor Covering Installation (Perimeter Bonded
Sheet Vinyl)” to cover what the OTC Model Rule covers as “Perimeter
Bonded Sheet Vinyl.” 

The term “Sheet-applied rubber installation” in the OTC Model Rule
means the same thing as “Sheet Rubber Lining Installation” in the
CTG.

“Contact bond” adhesive and ““Contact adhesive” would appear
to be the same thing.  Both the OTC Model Rule and the CTG definitions
for “Contact bond adhesive” are the same and both use “Contact
adhesive” within this definition to refine its scope.

 

The OTC Model Rule uses “Plastic Cement Welding Adhesive Primer”
where the CTG uses “Plastic Solvent Welding Adhesive Primer” for the
same product/process.

D.  The inclusion of the category “plastic adhesive primer” in the
Draft CTG was an error.  This category has been removed from the final
CTG.

E.  The OTC model rule uses the term “Adhesives Applied to the Listed
Substrate” where the CTG uses the term “General Adhesive Application
Processes.” 

F.  The CTG covers more materials with the broader definition of
“Reinforced plastic composite” than the OTC model rule if the latter
considers “fiberglass” to means fine glass fibers in a plastic
resin.   But the OTC rule defines “fiberglass” as a material
consisting of extremely fine glass fibers; thus, a “fiberglass
substrate adhesive” could be interpreted as meaning an adhesives used
to bond glass fibers together or to another listed substrate.  The OTC
definition is consistent with several California AQMD rules such as
SCAQMD Rule 1168, Sacramento Metropolitan AQMD Rule 460; other
California AQMDs do not define “fiberglass” – e.g., San Diego
County AQMD rule 67.21; however, Ventura County AQMD Rule 74-20 defines
fiberglass as “…any fiber reinforced plastic (FRP) surface that has
fiber material set in a binding substance of plastic resins” which
appears to be the functional equivalent of the final CTG’s definition
of “Reinforced plastic composite.”

H.  To the extent the OTC Model Rule limit for “Automotive glass
adhesive primers” and the recommendation in the final CTG for “Motor
Vehicle Glass Bonding Primer” both cover the same material or process
the recommendation in the OTC model rule is more stringent.  To the
extent that the definition of recommendation in the final CTG for
“Motor Vehicle Glass Bonding Primer” covers more processes or
operations the recommendation in the final CTG would be more stringent
except the OTC model rule may cover any additional products under the
other primer category.  The recommendation in the OTC model rule for
applying an “Automotive glass adhesive primer” to automotive glass
is clearly more stringent.  However, recommendation in the CTG for
“Motor Vehicle Glass Bonding Primer” would cover primers applied to
“body openings” prior to the application of glass bonding adhesives
or the installation of adhesive bonded glass.  Body openings may include
substrates such as bare metal or plastic as well as the glass itself. 
To the extent the limit for “other adhesive primers” covers “Motor
Vehicle Glass Bonding Primers” other than those when applied to
automotive glass, the recommendation in the OTC model rule would seem to
be more stringent.

I.  Whether the recommendation in the OTC model rule is equal to, less
stringent or more stringent than the recommendations in the CTG for
these categories depends upon whether the OTC model rule covers these
applications under the “Adhesives Applied to the Listed Substrate”
and which limit applies.  The applicable limit depends upon what
substrates are involved.   The OTC model rule allows compliance to the
higher of two applicable substrate limits when bonding dissimilar
substrates.  In no case is an OTC limit for any “listed substrate”
greater than that recommended in the CTG for “Motor Vehicle
Adhesives” and “Motor Vehicle Weatherstrip Adhesives;”

As such, the OTC model rule would seem to be more stringent.  

J.  The OTC Model rule applies a limit to EPDM roof membranes.  The CTG
excluded EPDM membranes from the VOC recommendation for “Single-Ply
Roof Membrane Installation/Repair” specialty adhesives based upon
comment that such limits could not be met for field applied EPDM.  Some
OTC States have limited the CTG recommendation for May 1 to September 30
for two years and then set the limit year-round after that.

IX. Conclusions

The OTC Model rule and specifically, New Jersey’s Subchapter 26, for
adhesives and sealants and the 2008 CTG for miscellaneous industrial
adhesives were developed to address the emissions of VOC from adhesives.
 The CTG was developed with a restriction that it only applies to larger
sources with manufacturing operations that use these types of products. 
Whereas, the OTC model rule includes these sources as well as smaller
operations, operations performed in the field and also regulation of the
manufacture, distribution and sale of the products themselves.  The OTC
model rule also regulates sealants and sealant primers which are not
included in the CTG because they were not categorized with miscellaneous
industrial adhesives under section 183(e).

The CTG and the OTC model rule exemption categories are very similar
though some differences exist, but the CTG recommends that exempted
operations be subject to work practices.  The OTC model rule does not
include work practices.  The work practices benefit can not be
quantified and in these instances, generally apply to lower usage source
categories so very few emission reductions are missed by not including
these requirements.  The OTC model rule contains an exemption provision
which is in fact a de facto applicability level that equates to 400
pounds per year of VOC emissions which is less than the CTG’s yearly
limit of 3 tons per year.  The model rule’s 400 pounds per year
exclusion includes emissions from sealants and sealant primers and not
just adhesives and their primers and therefore sets a lower numerical
limit and includes more emissions subject to the applicability
threshold.  

The CTG recommended work practices for cleaning materials included more
activities than the OTC model rule.  However, some of the OTC clean-up
provisions are more stringent, i.e. limiting clean-up solvent vapor
pressure and VOC content, and cleaning of spray application equipment;
overall, the OTC requirements in terms of emission reductions are at
least equivalent to or result in more emission reductions than the CTG.

The CTG makes recommendations for application methods be used in
conjunction with the use of low-VOC content adhesives & adhesive primers
to improve transfer efficiency.  The OTC rule does not specify
application methods.  The CTG recommendation goes to “stationary
sources” above a cut-off level only.  The OTC model rule was based on
the CARB 1998 RACT/BARCT Determination for Adhesives and Sealants which
did not include the requirement for application methods.  New Jersey
states in its’ proposed rulemaking that 96 percent of the adhesive and
sealant VOC emissions in the OTC states fall into the area source
category.  This would appear to limit the benefit from improved transfer
equipment.  However,  EPA recommends that when the states evaluate RACT
as required by section 182 (b) when implementing a revised 8 hour ozone
standard, that they review and evaluate the benefit of requiring
improved methods for applying coatings regulated by the OTC model rule
and specifically, Subchapter 26.

Overall, the CTG and the OTC model rule emission limits are similar with
the exception of general adhesive for wood applications.  The CTG
recommends a 30 g/liter limit for the wood substrate category whereas
the OTC model rule covers wood under the “porous material” substrate
category with a limit of 120 g/liter.  It is recommended that when the
states evaluate RACT as required by section 182 (b) when implementing a
revised 8 hour ozone standard, that they review the VOC content limit
for wood adhesives.

The CTG does not require state rules to match the line-by-line,
item-by-item because it stated:  “When State and local pollution
control agencies develop RACT rules, they may elect to adopt control
approaches that differ from those described in this document and/or
promulgate applicability criteria that differ from those recommended
here.”  (The CTG Page 3.)  For the most part the OTC Model rule and
specifically, New Jersey’s Subchapter 26, match the CTG’s
recommendations item by item.  The OTC Model rule and specifically, New
Jersey’s Subchapter 26, requires the emission limitations apply to a
wider universe of sources and to manufacturers and distributors of
adhesives and primers.  The OTC Model rule and specifically, New
Jersey’s Subchapter 26, sets standards for clean-up and surface
preparation solvents in lieu of the application methods and all work
practice recommendations in the CTG.  Overall, EPA can conclude the OTC
Model rule and specifically, New Jersey’s Subchapter 26, meets the
requirement for RACT in this source category. 

▬ Subchapter 34 “TBAC Emissions Reporting,” 

On November 29, 2004 (69 FR 69298), EPA revised the definition of VOC to
exclude tertiary butyl acetate or t-butyl acetate (TBAC) from VOC
emissions limitations or VOC content requirements, but requires that
TBAC be considered a VOC for purposes of recordkeeping, emissions
reporting, photochemical dispersion modeling and inventory requirements.
 See 40 CFR 51.100(s).  While TBAC is now considered “negligibly
reactive,” EPA is concerned that should TBAC usage substantially
increase it may contribute significantly to ozone formation even with
its’ lower reactivity.  That is the reason it is necessary to track
and account for TBAC emissions.

This SIP revision addresses the discrepancy between the NJDEP’s
definition of “volatile organic compound” or “VOC” and the
definition of that term used by EPA concerning the exemption of TBAC,
and eliminates any future discrepancies.  The SIP revision includes a
new rule, N.J.A.C. 7:27, Subchapter 34 “TBAC Emissions Reporting,”
that adds a reporting requirement for those who manufacturer TBAC or
TBAC-containing products that will be bought and used in New Jersey.

The SIP revision also revises the definition of “volatile organic
compound” or “VOC” in every subchapter in Chapters 27, 27A and 27B
of Title 7 in which it appears, by incorporating by reference the
EPA’s definition of this term at 40 CFR 51.100(s).  The EPA defines
VOC as “any compound of carbon, excluding carbon monoxide, carbon
dioxide, carbonic acid, metallic carbides or carbonates, and ammonium
carbonate, which participates in atmospheric photochemical reactions.”
 At 40 CFR 51.100(s)(1), EPA sets forth a list of organic compounds that
have been determined to have negligible photochemical reactivity, and
specifically exempts them from the definition of VOC.  New Jersey’s
existing VOC definitions refer to 40 CFR 51.100(s)(1) for this complete
list of compounds exempted by the EPA from the definition of volatile
organic compounds. Originally, New Jersey’s intention was to
incorporate the list in the Federal regulations by reference to exempt
all compounds that the EPA exempted.  At the time New Jersey promulgated
these definitions of VOC to refer to the list at 40 CFR 51.100(s)(1),
the EPA definition of VOC contained other provisions at 40 CFR
51.100(s)(2), (3) and (4) that related to compliance with emissions
limits, excluding negligibly reactive compounds, and test methods to be
used.  They did not relate directly to what compounds would be defined
by the EPA as volatile organic compounds.  New Jersey’s reference to
40 CFR 51.100(s)(1) became problematic when the EPA amended its
definition in November of 2004 to create a new category of exempt
compounds at 40 CFR 51.100(s)(5).  This new category, although exempt
from emission limit requirements, is still subject to reporting
requirements.  The one compound in the new category is TBAC.  Because
the New Jersey’s definition references only 40 CFR 51.100(s)(1) for
the definitive list of exempt compounds, it could be interpreted as not
exempting 40 CFR 51.100(s)(5) compounds (TBAC).

In order to carry out the State’s reporting responsibilities, the
NJDEP adopted reporting requirements for TBAC in new N.J.A.C. 7:27-34. 
The NJDEP identified two entities that would need to report under these
proposed rules: manufacturers located outside of New Jersey who
manufacture products containing TBAC for sale in the State, and
manufacturers in New Jersey who manufacture either TBAC or products
containing TBAC.   Those manufacturers who sell TBAC (as distinguished
from products containing TBAC) in the State are not required to report
the estimated amount of actual emissions resulting from the use of their
products in the State, since the emissions from these products will be
reported by those who use the TBAC in the manufacture of another
product.  All manufacturers (both in-State and out-of-State) who sell
products containing TBAC in the State are to report the estimated amount
of actual emissions resulting from the use of their products in the
State.  The in-State manufacturers of TBAC or products containing TBAC
are to report the estimated amount of actual emissions resulting from
manufacturing TBAC and products containing TBAC in the State.  In
developing these rules, the NJDEP based the reporting requirements on
N.J.A.C. 7:27-21, 23 and 24 (emission statements, architectural coatings
and consumer products rules, respectively).  The EPA’s amended
definition of VOC requires TBAC reporting but does not give specific
instruction as to what information states should collect.  The NJDEP is,
therefore, basing its requirements on the Department’s other air
pollution control rules with similar reporting requirements, that is,
the emission statements, architectural coatings and consumer products
rules.  The rules require the reporting of the manufacturer’s address,
contact information, TBAC emissions, method of estimating emissions,
product brand, and product category or intended use.  

What is EPA’s Evaluation?

New Jersey has revised its’ definition of VOC by specifically
referencing EPA’s definition at 40 CFR 51.100(s) in total, which they
have incorporated by reference.  This will insure that New Jersey’s
definition is always consistent with EPA’s and is acceptable to EPA.  

▬ What other rules are affected by the VOC definition change and
EPA’s evaluation? 

The term VOC is used in several New Jersey regulations throughout Title
7, Chapter 27 of the New Jersey Administrative Codes (N.J.A.C.) and
Chapter 27A, and Chapter 27B.

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ਁ氃愀϶ﴰ瑹ᆯ

愀Ȥ摧ᆯ

摧ᆯ

ਁ氃愀϶ﴰ瑹ᆯ

摧ᆯ

ਁ氃愀϶ﴰ瑹ᆯ

摧ᆯ

ਁ氃愀϶ﴰ瑹ᆯ

愀Ȥ摧ᆯ

摧ᆯ

ਁ氃愀϶ﴰ瑹ᆯ

愀Ȥ摧ᆯ

摧ᆯ

ਁ氃愀϶ﴰ瑹ᆯ

愀Ȥ摧ᆯ

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愀Ȥ摧ᆯ

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愀Ȥ摧ᆯ

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愀Ȥ摧ᆯ

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B*

B*

愀Ȥ摧ᆯ

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愀Ȥ摧ᆯ

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B*

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B*

B*

愀Ȥ摧ᆯ

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愀Ȥ摧ᆯ

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B*

B*

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CJ

aJ

B*

愀Ȥ摧ᆯ

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愀Ȥ摧ᆯ

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ਁ氃愀϶ﴰ瑹ᆯ

B*

>*B*

B*

B*

B*

摧ᶵ{᠀hat were revised:

Subchapter 8 – “Permits and Certificates for Minor Facilities (and
Major Facilities without an Operating Permit);” 

Subchapter 16 – “Control and Prohibition of Air Pollution by
Volatile Organic Compounds;” 

Subchapter 17,- “Control and Prohibition of Air Pollution By Toxic
Substances”

Subchapter 18 – “Control and Prohibition of Air Pollution from New
or Altered Sources Affecting Ambient Air Quality (Emission Offset
Rule);” 

Subchapter 19 – “Control and Prohibition of Air Pollution From
Oxides of Nitrogen;” 

Subchapter 21 – “Emission Statements;”

Subchapter 22, -“Operating Permits;” 

Subchapter 23 – “Prevention of Air Pollution From Architectural
Coatings;” and, Subchapter 25 - ”Control and Prohibition of Air
Pollution by Vehicular Fuels.”

These rules have been amended to include the revised definition of VOC
that addresses the TBAC requirements.

What is EPA’s Evaluation?

EPA has evaluated New Jersey's revised VOC definition for consistency
with the Act, EPA regulations, and EPA policy.  The revised definition
of VOC as used in the above rules is consistent with EPA’s definition
in 40 CFR 51.100(s).  

At this time EPA is only proposing to approve as part of the SIP
“Subchapter 23, Prevention of Air Pollution From Architectural
Coatings,” and “Subchapter 25, Control and Prohibition of Air
Pollution by Vehicular Fuels.”  Subchapters 16, 19, and 21 were
proposed for approval as part of the SIP on April 23, 2010 (78 FR
21197).  Subchapter 22 is not part of the SIP.  EPA will act on the
other rules in a separate Federal Register at a later date.

 The latest listing of product categories regulated under section 183(e)
of the CAA was published on May 16, 2006 (71 FR 28320).

   See 75 FR 2938, January 19, 2010; In this proposed rule, March 2008,
based upon reconsideration of the primary and secondary ozone standards,
EPA proposed to set different primary and secondary standards than those
promulgated in March 2008 to provide requisite protection of public
health and welfare, respectively. 

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