6 CRR-NY 205.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK
TITLE 6. DEPARTMENT OF ENVIRONMENTAL CONSERVATION
CHAPTER III. AIR RESOURCES
SUBCHAPTER A. PREVENTION AND CONTROL OF AIR CONTAMINATION AND AIR POLLUTION
PART 205. ARCHITECTURAL AND INDUSTRIAL MAINTENANCE (AIM) COATINGS
6 CRR-NY 205.2
6 CRR-NY 205.2
205.2 Definitions.
(a) Adhesive.
Any chemical substance that is applied for the purpose of bonding two surfaces together other than by mechanical means.
(b) Aerosol coating product.
A pressurized coating product containing pigments or resins that dispenses product ingredients by means of a propellant, and is packaged in a disposable can for hand-held application, or for use in specialized equipment for ground traffic/marking applications.
(c) Aluminum roof coating.
A coating labeled and formulated exclusively for application to roofs and containing at least 84 grams of elemental aluminum pigment per liter of coating (at least 0.7 pounds per gallon). Pigment content shall be determined in accordance with South Coast Air Quality Management District (SCAQMD) Method 318-95 (See Table 1, section 200.9 of this Title).
(d) Antenna coating.
A coating labeled and formulated exclusively for application to equipment and associated structural appurtenances that are used to receive or transmit electromagnetic signals.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for industrial maintenance coatings.
(e) Antifouling coating.
A coating labeled and formulated for application to submerged stationary structures and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms. To qualify as an antifouling coating, the coating must be registered with both the EPA under the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. section 136 et seq.) (see Table 1, section 200.9 of this Title) and with the department pursuant to Part 326 of this Title.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for industrial maintenance coatings.
(f) Appurtenance.
Any accessory to a stationary structure coated at the site of installation, whether installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms; doors; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed mechanical equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain gutters and downspouts; stairways; fixed ladders; catwalks; fire escapes; and window screens.
(g) Architectural coating.
A coating to be applied to stationary structures and their appurtenances at the site of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in shop applications or to nonstationary structures such as airplanes, ships, boats, railcars, and automobiles, as well as adhesives are not considered architectural coatings for the purposes of this rule.
(h) Basement specialty coatings.
For products manufactured on or after January 1, 2021, a clear or opaque coating that is labeled and formulated for application to concrete and masonry surfaces to provide a hydrostatic seal for basements and other below-grade surfaces. Basement specialty coatings must meet the following criteria:
(1) Coating must be capable of withstanding at least 10 psi of hydrostatic pressure, as determined in accordance with American Society for Testing and Materials (ASTM) ASTM D7088-04 (see Table 1, section 200.9 of this Title).
(2) Coating must be resistant to mold and mildew growth and must achieve a microbial growth rating of 8 or more, as determined in accordance with ASTM D3273-16 and ASTM D3274-09 (2013) (see Table 1, section 200.9 of this Title).
(i) Bitumens.
Black or brown materials including, but not limited to, asphalt, tar, pitch, and asphaltite that are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as residues from the distillation of crude petroleum or coal.
(j) Bituminous roof coating.
A coating which incorporates bitumens that is labeled and formulated exclusively for roofing with the primary purpose of preventing water penetration.
(k) Bituminous roof primer.
A primer which incorporates bitumens that is labeled and formulated exclusively for roofing and intended for the purpose of preparing a weathered or aged surface or improving the adhesion of subsequent surfacing components.
(l) Bond breaker.
A coating labeled and formulated for application between layers of concrete to prevent a freshly poured top layer of concrete from bonding to the layer over which it is poured.
(m) Calcimine recoaters.
Flat solvent borne coatings formulated and recommended specifically for recoating calcimine-painted ceilings and other calcimine-painted substrates.
(n) Clear brushing lacquers.
Clear wood finishes, excluding clear lacquer sanding sealers, formulated with nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a solid, protective film, which are intended exclusively for application by brush and which are labeled as specified in section 205.4(g) of this Part.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for wood coatings.
(o) Clear wood coatings.
Clear and semi-transparent coatings, including lacquers and varnishes applied to wood substrates to provide a transparent or translucent solid film.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for wood coatings.
(p) Coating.
A material applied onto or impregnated into a substrate for protective, decorative, or functional purposes. Such materials include, but are not limited to, paints, varnishes, sealers and stains.
(q) Colorant.
A concentrated pigment dispersion in water, solvent, and/or binder that is added to an architectural coating after packaging in sale units to produce the desired color.
(r) Concrete curing compound.
A coating labeled and formulated for application to freshly poured concrete to perform one or more of the following functions:
(1) retard the evaporation of water; or
(2) harden or dustproof the surface of freshly poured concrete.
(s) Concrete/masonry sealer.
A clear or opaque coating that is labeled and formulated primarily for application to concrete and masonry surfaces to perform one or more of the following functions:
(1) prevent penetration of water; or
(2) provide resistance against abrasion, alkalis, acids, mildew, staining, or ultraviolet light; or
(3) harden or dustproof the surface of aged or cured concrete.
(t) Concrete surface retarders.
A mixture of retarding ingredients such as extender pigments, primary pigments, resin, and solvent that interact chemically with the cement to prevent hardening on the surface where the retarder is applied, allowing the retarded mix of cement and sand at the surface to be washed away to create an exposed aggregate finish.
(u) Conjugated oil varnish.
A clear or semi-transparent wood coating, labeled as such, excluding lacquers or shellacs, based on a natural occurring conjugated vegetable oil (Tung oil) and modified with other natural or synthetic resins; a minimum of 50 percent of the resin solids consisting of conjugated oil. Supplied as a single component product, conjugated oil varnishes penetrate and seal the wood. Film formation is due to polymerization of the oil. These varnishes may contain small amounts of pigment to control the final gloss or sheen.
(v) Conversion varnish.
A clear acid curing coating with an alkyd or other resin blended with amino resins and supplied as a single component or two-component product. Conversion varnishes produce a hard, durable, clear finish designed for professional application to wood flooring. This film formation is the result of an acid-catalyzed condensation reaction, affecting a transetherification at the reactive ethers of the amino resins.
(w) Driveway sealer.
A coating labeled and formulated for application to worn asphalt driveway surfaces to perform one or more of the following functions:
(1) fill cracks; or
(2) seal the surface to provide protection; or
(3) restore or preserve the appearance.
(x) Dry fog coating.
A coating labeled and formulated only for spray application such that overspray droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.
(y) Exempt compound.
A compound identified under the definition of volatile organic compound (VOC), section 200.1 of this Title, as having negligible photochemical reactivity. Exempt compounds content of a coating shall be determined by U.S. EPA Method 24, methods referenced in ASTM D3960-05 (2013), or SCAQMD Method 303-91 (Revised August 1996) (see Table 1, section 200.9 of this Title).
(z) Faux finishing coating.
A coating labeled and formulated to meet one or more of the following criteria:
(1) a glaze or textured coating used to create artistic effects including, but not limited to: dirt, suede, old age, smoke damage, and simulated marble and wood grain; or
(2) a decorative coating used to create a metallic, iridescent, or pearlescent appearance that contains at least 48 grams of pearlescent mica pigment or other iridescent pigment per liter of coating as applied (at least 0.4 pounds per gallon); or
(3) a decorative coating used to create a metallic appearance that contains less than 48 grams of elemental metallic pigment per liter of coating as applied (less than 0.4 pounds per gallon), when testing in accordance with SCAQMD Method 318-95. (see Table 1, section 200.9 of this Title); or
(4) a decorative coating used to create a metallic appearance that contains greater than 48 grams of elemental metallic pigment per liter of coating as applied (greater than 0.4 pounds per gallon) and which requires a clear topcoat to prevent the degradation of the finish under normal use conditions. The metallic pigment content shall be determined in accordance with SCAQMD Method 318-95 (see Table 1, section 200.9 of this Title); or
(5) a clear topcoat to seal and protect a faux finishing coating that meets paragraphs (1)-(4) of this subdivision. These clear topcoats must be sold and used solely as part of a faux finishing coating system and must be labeled in accordance with section 205.4(e) of this Part.
(aa) Fire-resistive coating.
A coating labeled and formulated to protect the structural integrity by increasing the fire endurance of interior or exterior steel and other structural materials. The fire-resistive category includes sprayed fire resistive materials and intumescent fire resistive coatings that are used to bring structural materials into compliance with Federal, State, and local building code requirements. The fire-resistive coating and testing agency must be approved by building code officials. The fire-resistive coating shall be tested in accordance with ASTM E119-16a (see Table 1, section 200.9 of this Title).
(ab) Fire-retardant coating.
A coating labeled and formulated to retard ignition and flame spread, that has been tested and rated by a testing agency approved by building code officials for use in bringing building and construction materials into compliance with Federal, State, and local building code requirements. The fire-retardant coating and the testing agency must be approved by building code officials. The fire-retardant coating shall be tested in accordance with ASTM E84-16 (see Table 1, section 200.9 of this Title).
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for industrial maintenance coatings.
(ac) Flat coating.
A coating that is not defined under any other definition in this rule and that registers gloss less than 15 on an 85-degree meter or less than five on a 60-degree meter according to ASTM D523-14 (see Table 1, section 200.9 of this Title).
(ad) Floor coating.
An opaque coating that is labeled and formulated for application to flooring, including, but not limited to, decks, porches, steps, garage floors, and other horizontal surfaces which may be subjected to foot traffic.
(ae) Flow coating.
A coating labeled and formulated exclusively for use to maintain the protective coating systems present on utility transformer units.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for industrial maintenance coatings.
(af) Form-release compound.
A coating labeled and formulated for application to a concrete form to prevent the freshly poured concrete from bonding to the form. The form may consist of wood, metal or some material other than concrete.
(ag) Graphic arts coating or sign paint.
A coating labeled and formulated for hand- application using brush, airbrush or roller techniques to indoor and outdoor signs (excluding structural components) and murals including letter enamels, poster colors, copy blockers, and bulletin enamels.
(ah) High temperature coating.
A high performance coating labeled and formulated for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).
(ai) Impacted immersion coating.
A high performance maintenance coating formulated and recommended for application to steel structures subject to immersion in turbulent, debris- laden water. These coatings are specifically resistant to high-energy impact damage by floating ice or debris.
(aj) Industrial maintenance coating.
A high performance architectural coating, including primers, sealers, undercoaters, intermediate coats, and topcoats, formulated for application to substrates, including floors, exposed to one or more of the following extreme environmental conditions listed in paragraphs (1)-(5) of this subdivision and labeled as specified in section 205.4(f) of this Part:
(1) immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic exposures of interior surfaces to moisture condensation; or
(2) acute or chronic exposure to corrosive, caustic or acidic agents, or to chemicals, chemical fumes, or chemical mixtures or solutions; or
(3) frequent exposure to temperatures above 121°C (250°F); or
(4) frequent heavy abrasion, including mechanical wear and frequent scrubbing with industrial solvents, cleansers, or scouring agents; or
(5) exterior exposure of metal structures and structural components.
(ak) Lacquer.
A clear or opaque wood coating, including clear lacquer sanding sealers, formulated with cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective film.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for wood coatings.
(al) Low solids coating.
A coating containing 0.12 kilogram or less of solids per liter (one pound or less of solids per gallon) of coating material as recommended for application by the manufacturer. The VOC content for low solids coatings shall be calculated as defined in section 205.6(b)(2) of this Part.
(am) Magnesite cement coating.
A coating labeled and formulated for application to magnesite cement decking to protect the magnesite cement substrate from erosion by water.
(an) Manufacturer's formulation data.
Data on a material (such as a coating) that are supplied by the materials manufacturer based on the manufacturer's knowledge of the ingredients used to manufacture that material, rather than an EPA reference test method. Manufacturer's formulation data may include but are not limited to information on density, VOC content, and coating solids content.
(ao) Manufacturer's maximum thinning recommendation.
The maximum recommendation for thinning that is indicated on the label or lid of the coating container.
(ap) Mastic texture coating.
A coating labeled and formulated to cover holes and minor cracks and conceal surface irregularities, which is applied in a single coat of at least 10 mils (at least 0.010 inch) dry film thickness.
(aq) Medium density fiberboard.
A composite wood product, panel, molding, or other building material composed of cellulosic fibers (usually wood) made by dry forming and pressing of resonated fiber mat.
(ar) Metallic pigmented coating.
A coating that is labeled and formulated to provide a metallic appearance. Metallic pigmented coatings must contain at least 48 grams of elemental metallic pigment (excluding zinc) per liter of coating as applied (at least 0.4 pound per gallon), when tested in accordance with SCAQMD 318-95 (see Table 1, section 200.9 of this Title).
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for Industrial Maintenance Coatings or other applicable category as set forth in section 205.3(a) of this Part.
(as) Multi-color coating.
A coating that is packaged in a single container and that is labeled and formulated to exhibit more than one color when applied in a single coat.
(at) Nonflat coating.
A coating that is not defined under any other definition in this rule and registers a gloss of 15 or greater on an 85-degree meter and five or greater on a 60-degree meter according to ASTM D523-14 (see Table 1, section 200.9 of this Title).
(au) Nonflat - high gloss coating.
A nonflat coating that registers a gloss of 70 or greater on a 60-degree meter according to ASTM D523-14 (see Table 1, section 200.9 of this Title).
(av) Nuclear coating.
A protective coating formulated and recommended to seal porous surfaces such as steel (or concrete) that otherwise would be subject to intrusion by radioactive materials. These coatings must be resistant to long-term (service life) cumulative radiation exposure (ASTM D4082-10, see Table 1, section 200.9 of this Title), relatively easy to decontaminate, and resistant to various chemicals to which the coatings are likely to be exposed ASTM D3912-10 (see Table 1, section 200.9 of this Title).
(aw) Particleboard.
A composite wood product panel, molding, or other building material composed of cellulosic material (usually wood) in the form of discrete particles, as distinguished from fibers, flakes, or strands, which are pressed together with resin.
(ax) Pearlescent.
Exhibiting various colors depending on the angles of illumination and viewing, as observed in mother-of-pearl.
(ay) Plywood.
A panel product consisting of layers of wood veneers or composite core pressed together with resin. Plywood includes panel products made by either hot or cold pressing (with resin) veneers to a platform.
(az) Post-consumer coating.
Finished coatings generated by a business or consumer that have served their intended end uses and are recovered from or otherwise diverted from the waste stream for the purpose of recycling.
(ba) Pre-treatment wash primer.
A primer that contains a minimum of 0.5 percent acid, by weight, when tested in accordance with ASTM D1613-06 (2012) (see Table 1, section 200.9 of this Title), that is labeled and formulated for application directly to bare metal surfaces to provide corrosion resistance and to promote adhesion of subsequent topcoats.
(bb) Primer.
A coating labeled and formulated for application to a substrate to provide a firm bond between the substrate and subsequent coats.
(bc) Primer, sealer, and undercoater.
A coating labeled and formulated for one or more of the following purposes:
(1) to provide a firm bond between the substrate and the subsequent coatings; or
(2) to prevent subsequent coatings from being absorbed by the substrate; or
(3) to prevent harm to subsequent coatings by materials in the substrate; or
(4) to provide a smooth surface for the subsequent application of coatings; or
(5) to provide a clear finish coat to seal the substrate; or
(6) to block materials from penetrating into or leaching out of a substrate.
(bd) Quick-dry enamel.
A nonflat coating that is labeled as specified in section 205.4(k) of this Part and that is formulated to have the following characteristics:
(1) capable of being applied directly from the container under normal conditions with ambient temperatures between 16°C and 27°C (60°F and 80°F);
(2) when tested in accordance with ASTM D1640/1640M-14 (see Table 1, section 200.9 of this Title), sets to touch in two hours or less, is tack free in four hours or less, and dries hard in eight hours or less by the mechanical test method; and
(3) has a dried film gloss of 70 or above on a 60-degree meter.
(4) for products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for flat, nonflat or nonflat-high gloss.
(be) Quick-dry primer sealer and undercoater.
A primer sealer or undercoater that is dry to the touch in 30 minutes and can be relocated in two hours when tested in accordance with ASTM D1640/1640M-14 (see Table 1, section 200.9 of this Title).
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for specialty primers, sealers and undercoaters.
(bf) Reactive penetrating sealer.
A clear or pigmented coating labeled and formulated for application to above-grade concrete and masonry substrates to provide protection from water and waterborne contaminants, including but not limited to, alkalis, acids, and salts. Reactive penetrating sealers must penetrate into concrete and masonry substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate. Reactive penetrating sealers line the pores of concrete and masonry substrates with a hydrophobic coating, but do not form a surface film. Reactive penetrating sealers must meet all the following criteria:
(1) the reactive penetrating sealer must improve water repellency at least 80 percent after application on a concrete or masonry substrate. This performance must be verified on standardized test specimens, in accordance with one or more of the following standards: ASTM C67-14, or ASTM C97/C967M-15 or ASTM C140/C140M-16 (see Table 1, section 200.9 of this Title); and
(2) the reactive penetrating sealer must not reduce the water vapor transmission rate by more than 2 percent after application on a concrete or masonry substrate. This performance must be verified on standardized test specimens, in accordance with ASTM E96M-16 (see Table 1, section 200.9 of this Title); and
(3) products labeled and formulated for vehicular traffic surface chloride screening applications must meet the performance criteria listed in the National Cooperative Highway Research Report 244 (1981) (see Table 1, section 200.9 of this Title).
(4) Reactive penetrating sealers must be labeled as such, in accordance with the labeling requirements in section 205.4(l) of this Part.
(bg) Reactive penetrating carbonate stone sealer.
A clear or pigmented coating labeled and formulated for application to above-grade carbonate stone substrates to provide protection from water and waterborne contaminants, including but not limited to, alkalis, acids, and salts. Reactive penetrating carbonate stone sealers must penetrate into carbonate stone substrates and chemically react to form covalent bonds with naturally occurring minerals in the substrate. Reactive penetrating carbonate stone sealers line the pores of carbonate stone substrates with a hydrophobic coating, but do not form a surface film. Reactive penetrating carbonate stone sealers must meet all the following criteria:
(1) the reactive penetrating carbonate stone sealer must improve water repellency at least 80 percent after application on a carbonate stone substrate. This performance must be verified on standardized test specimens, in accordance with one or more of the following standards: ASTM C67-14 or ASTM C97/C967M-15, or ASTM C140/C140M-16 (see Table 1, section 200.9 of this Title); and
(2) the reactive penetrating carbonate stone sealer must not reduce the water vapor transmission rate by more than 10 percent after application on a carbonate stone substrate. This performance must be verified on standardized test specimens, in accordance with ASTM E96M-16 (see Table 1, section 200.9 of this Title).
(3) Reactive penetrating carbonate stone sealers must be labeled as such, in accordance with the labeling requirements in section 205.4(m) of this Part.
(bh) Recycled coating.
An architectural coating formulated such that it contains a minimum of 50 percent by volume post-consumer coating, with a maximum of 50 percent by volume secondary industrial materials or virgin materials.
(bi) Residential.
Areas where people reside or lodge, including, but not limited to, single-and multiple-family dwellings, condominiums, mobile homes, apartment complexes, motels and hotels.
(bj) Responsible official.
A president, vice president, secretary, treasurer, general partner, proprietor, principal executive officer, ranking elected official, or any other person who performs policy or decision making functions and is authorized to legally bind a corporation, partnership, sole proprietorship, or government entity which operates a facility that is subject to the provisions of this Part. Whenever the term responsible official is used in this Part or in any other regulations implementing title V of the act, it shall be deemed to refer to the " designated representative" with regard to all matters under title IV of the act.
(bk) Roof coating.
A non-bituminous coating labeled and formulated for application to roofs for the primary purpose of preventing water penetration, reflecting ultraviolet light, or reflecting solar radiation.
(bl) Rust preventive coating.
A coating formulated to prevent the corrosion of metal surfaces for one or more of the following applications:
(1) direct-to-metal coating; or
(2) coating intended for application over rusty, previously coated surfaces.
(3) The rust preventative coating category does not include the following:
(i) coatings that are required to be applied as a topcoat over a primer; or
(ii) coatings that are intended for use on wood or any other nonmetallic surface.
(4) Rust preventative coatings are for metal substrates only and must be labeled as such, in accordance with the labeling requirements in section 205.4(i) of this Part.
(bm) Sanding sealer.
A clear or semi-transparent wood coating labeled and formulated for application to bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for subsequent applications of coatings. A sanding sealer that also meets the definition of a laquer is not included in this category, but it is included in the lacquer category.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for wood coatings.
(bn) Sealer.
A coating labeled and formulated for application to a substrate for one or more of the following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm to subsequent coatings by materials in the substrate.
(bo) Secondary industrial materials.
Products or by-products of the paint manufacturing process that are of known composition and have economic value but can no longer be used for their intended use.
(bp) Semitransparent coating.
A coating that contains binders and colored pigments and formulated to change the color of the surface, but not conceal the grain pattern or texture.
(bq) Shellac.
A clear or opaque coating formulated solely with the resinous secretions of the lac beetle (Laciffer lacca), and formulated to dry by evaporation without a chemical reaction.
(br) Shop application.
Application of a coating to a product or a component of a product in or on the premises of a factory or a shop as part of a manufacturing, production, or repairing process (e.g., original equipment manufacturing coatings).
(bs) Solicit.
To require for use or to specify by written or oral contract.
(bt) Specialty primer, sealer and undercoater.
(1) For products manufactured before January 1, 2021, a coating labeled as specified in section 205.4(j) of this Part and that is formulated for application to a substrate to seal fire, smoke or water damage, to condition excessively chalky surfaces, or to block stains. An excessively chalky surface is one that is defined as having a chalk rating of four or less as determined by ASTM D4214-07 (2015) (see Table 1, section 200.9 of this Title).
(2) For products manufactured on or after January 1, 2021, a coating that is formulated for application to a substrate to block water-soluble stains resulting from fire damage, smoke damage, or water damage. Specialty primers, sealers, and undercoaters must be labeled in accordance with section 205.4(i) of this Part.
(bu) Stain.
A semi-transparent or opaque coating labeled and formulated to change the color of a surface but not conceal the grain pattern or texture.
(bv) Stone consolidant.
For products manufactured on or after January 1, 2021, a coating that is labeled and formulated for application to stone substrates to repair historical structures that have been damaged by weathering or other decay mechanisms. Stone consolidants must penetrate into stone substrates to create bonds between particles and consolidate deteriorated material. Stone consolidants must be specified and used in accordance with ASTM E2167-01(2008). (see Table 1, section 200.9 of this Title). Stone consolidants are for professional use only and must be labeled as such in accordance with the labeling requirements in section 205.4(n) of this Part.
(bw) Swimming pool coating.
A coating labeled and formulated to coat the interior of swimming pools and to resist swimming pool chemicals.
(1) For products manufactured on or after January 1, 2021, swimming pool coatings include coatings used for swimming pool repair and maintenance.
(bx) Swimming pool repair and maintenance coating.
A rubber based coating labeled and formulated to be used over existing rubber based coatings for the repair and maintenance of swimming pools.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for swimming pool coatings.
(by) Temperature-indicator safety coating.
A coating labeled and formulated as a color- changing indicator coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures above 204°C (400°F).
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for industrial maintenance coatings.
(bz) Thermoplastic rubber coating and mastic.
A coating or mastic formulated and recommended for application to roofing or other structural surfaces and that incorporates no less than 40 percent by weight of thermoplastic rubbers in the total resin solids and may also contain other ingredients including, but not limited to, fillers, pigments, and modifying resins.
(ca) Tint base.
An architectural coating to which coloring is added after packaging in sale units to produce a desired color.
(cb) Traffic marking coating.
A coating labeled and formulated for marking and striping streets, highways, or other traffic surfaces including, but not limited to, curbs, berms, driveways, parking lots, sidewalks and airport runways.
(cc) Tub and tile refinish coating.
For products manufactured on or after January 1, 2021, a clear or opaque coating that is labeled and formulated exclusively for refinishing the surface of a bathtub, shower, sink, or countertop. Tub and tile refinish coatings must meet all of the following criteria:
(1) the coating must have a scratch hardness of 3H or harder and a gouge hardness of 4H or harder. This must be determined on bonderite 1000, in accordance with ASTM D3363-05 (2011) (see Table 1, section 200.9 of this Title);
(2) the coating must have a weight loss of 20 milligrams or less after 1000 cycles. This must be determined with CD-17 wheels on bonderite 1000, in accordance with ASTM D4060-14 (see Table 1, section 200.9 of this Title);
(3) the coating must withstand 1000 hours or more of exposure with few or no #8 blisters. This must be determined on unscribed bonderite, in accordance with ASTM D4585-13, and ASTM D714-02 (2009) (see Table 1, section 200.9 of this Title); and
(4) the coating must have an adhesion rating of 4B or better after 24 hours of recovery. This must be determined on unscribed bonderite, in accordance with ASTM D4585-13 and ASTM D3359-09e2 (see Table 1, section 200.9 of this Title).
(cd) Varnish.
A clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated to dry by chemical reaction on exposure to air. Varnishes may contain small amounts of pigment to color a surface, or to control the final sheen or gloss of the finish.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for wood coatings.
(ce) Veneer.
Thin sheets of wood peeled or sliced from logs for use in the manufacture of wood products such as plywood, laminated veneer lumber, or other products.
(cf) Virgin materials.
Materials that contain no post-consumer coatings or secondary industrial coatings.
(cg) VOC content.
The weight of VOC per volume of coating, calculated according to the procedures specified in section 205.6 of this Part. VOC content is VOC regulatory, as defined in subdivision (ch) of this section and calculated according to the procedures specified in section 205.6(b) of this Part, for all coatings except those in the low solids category. For coatings in the low solids category, the VOC content is VOC (ls), as calculated in section 205.6(b)(2) of this Part. If the coating is a multi-component product, the VOC content is VOC regulatory as mixed or catalyzed. If the coating contains silanes, siloxanes, or other ingredients that generate ethanol or other VOCs during the curing process, the VOC content must include the VOCs emitted during curing. VOC content must include maximum amount of thinning solvent recommended by the manufacturer.
(ch) VOC regulatory.
VOC regulatory is the weight of VOC per volume of coating, less the volume of water and exempt compounds.
(ci) Waterproofing sealer.
A coating labeled and formulated for application to a porous substrate for the primary purpose of preventing the penetration of water.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for concrete/masonry sealers.
(cj) Waterproofing concrete/masonry sealer.
A clear or pigmented film-forming coating that is labeled and formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet light and staining.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the VOC limit for concrete/masonry sealers.
(ck) Waterproofing membrane.
For products manufactured on or after January 1, 2021, a clear or opaque coating labeled and formulated for application to concrete and masonry surfaces to provide a seamless waterproofing membrane that prevents any penetration of liquid water into the substrate. Waterproofing membranes are intended for the following waterproofing applications: below-grade surfaces, between concrete slabs, inside tunnels, inside concrete planters, and under flooring materials. Waterproofing membranes must meet the following criteria:
(1) coating must be applied in a single coat of at least 25 mils (at least 0.025 inch) dry film thickness; and
(2) coatings must meet or exceed the requirements contained in ASTM C836M-15 (see Table 1, section 200.9 of this Title);
(3) the waterproofing membrane category does not include topcoats that are included in the concrete/masonry sealer category (e.g., parking deck topcoats, pedestrian deck topcoats, etc.).
(cl) Wood coatings.
For products manufactured on or after January 1, 2021, coatings labeled and formulated for application to wood substrates only. The wood coatings category includes the following clear and semitransparent coatings: lacquers; varnishes; sanding sealers; penetrating oils; clear stains; wood conditioners used as undercoats; and wood sealers used as topcoats. The wood coatings category also includes the following opaque wood coatings; opaque lacquers; opaque sanding sealers; and opaque lacquer undercoaters. The wood coatings category does not include the following: clear sealers that are labeled and formulated for use on concrete/masonry surfaces; or coatings intended for substrates other than wood. Wood coatings must be labeled “For Wood Substrates Only”, in accordance with section 205.4(o) of this Part.
(cm) Wood preservative.
A coating labeled and formulated to protect exposed wood from decay or insect attack, that is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section 136, et seq.) (see Table 1, section 200.9 of this Title) and with Part 326 of this Title.
(cn) Wood substrate.
A substrate made of wood, particleboard, plywood, medium density fiberboard, rattan, wicker, bamboo, or composite products with exposed wood grain. Wood products do not include items comprised of simulated wood.
(co) Zinc-rich primer.
For products manufactured on or after January 1, 2021, a coating that meets all of the following specifications:
(1) coating contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids;
(2) coating is formulated for application to metal substrates to provide a firm bond between the substrate and subsequent applications of coatings; and
(3) coating is intended for professional use only and labeled as such, in accordance with the labeling requirements in section 205.4(o) of this Part.
6 CRR-NY 205.2
Current through December 31, 2021
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