6 CRR-NY 205.3NY-CRR

OFFICIAL 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 205.3
6 CRR-NY 205.3
205.3 Standards.
(a) VOC Content Limits.
Except as provided in subdivisions (b) through (h) of this section, no person shall:
(1) manufacture, blend or repackage for sale within the State of New York;
(2) supply, sell, or offer for sale within the State of New York; or
(3) solicit for application or apply within the department any architectural coating with a VOC content in excess of the corresponding limit specific in the table in this subdivision, after the specified effective date. Limits are expressed as VOC content, thinned to manufacturer's maximum thinning recommendation, excluding any colorant added to tint bases.
Coating Category VOC Content Limit (grams per liter)VOC Content Limit (grams per liter)
Effective Until December 31, 2020Effective January 1, 2021
Flat Coatings10050
Nonflat Coatings150100
Nonflat - High Gloss Coatings250150
Specialty Coatings
Aluminum Roof CoatingN/A450
Antenna Coatings530N/A
Antifouling Coatings400N/A
Basement Specialty CoatingsN/A400
Bituminous Roof Coatings300270
Bituminous Roof Primers350350
Bond Breakers350350
Calcimine Recoaters475475
Clear Wood Coatings
• Clear Brushing Lacquers680N/A
• Lacquers (including lacquer sanding sealers)550N/A
• Sanding Sealers (other than lacquer sanding sealers)350N/A
• Varnishes350N/A
Concrete Curing Compounds350350
Concrete/Masonry SealerN/A100
Concrete Surface Retarders780780
Conjugated Oil VarnishN/A450
Conversion Varnish725725
Driveway SealersN/A50
Dry Fog Coatings400150
Faux Finishing Coatings350350
Fire Resistive Coatings350350
Fire Retardant Coatings
• Clear650N/A
• Opaque350N/A
Floor Coatings250100
Flow Coatings420N/A
Form Release Compounds250250
Graphic Arts Coatings (Sign Paints)500500
High Temperature Coatings420420
Impacted Immersion Coatings780780
Industrial Maintenance Coatings340250
Low Solids Coatings120120
Magnesite Cement Coatings450450
Mastic Texture Coatings300100
Metallic Pigmented Coatings500500
Multi Color Coatings250250
Nuclear Coatings450450
Pre Treatment Wash Primers420420
Primers, Sealers, and Undercoaters200100
Quick Dry Enamels250N/A
Quick Dry Primers, Sealers and Undercoaters200N/A
Reactive Penetrating SealerN/A350
Reactive Penetrating Carbonate Stone SealerN/A500
Recycled Coatings250250
Roof Coatings250250
Rust Preventative Coatings400250
Shellacs
• Clear730730
• Opaque550550
Specialty Primers, Sealers, and Undercoaters350100
Stains250250
Stone ConsolidantN/A450
Swimming Pool Coatings340340
Swimming Pool Repair and Maintenance Coatings340N/A
Temperature Indicator Safety Coatings550N/A
Thermoplastic Rubber Coatings and Mastics550550
Traffic Marking Coatings150100
Tub and Tile RefinishN/A420
Waterproofing MembranesN/A250
Waterproofing Sealers250N/A
Waterproofing Concrete/Masonry Sealers400N/A
Wood CoatingsN/A275
Wood Preservatives350350
Zinc-Rich PrimerN/A340
(b) Most restrictive VOC limit for products manufactured before January 1, 2021.
If anywhere on the container of any architectural coating, or any label sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on the manufacturer's behalf, including retailers who sell under a private label, representation is made that the coating meets the definition of or is recommended for use or may be used for more than one of the coating categories listed in subdivision (a) of this section, then the most restrictive VOC content limit shall apply. This provision does not apply to the coating categories listed in paragraphs (1)-(21) of this subdivision:
(1) lacquer coatings (including lacquer sanding sealers);
(2) metallic pigmented coatings;
(3) shellacs;
(4) fire-retardant coatings;
(5) pretreatment wash primers;
(6) industrial maintenance coatings;
(7) low-solids coatings;
(8) wood preservatives;
(9) high temperature coatings;
(10) temperature-indicator safety coatings;
(11) antenna coatings;
(12) antifouling coatings;
(13) flow coatings;
(14) bituminous roof primers;
(15) thermoplastic rubber coatings and mastics;
(16) specialty primers, sealers, and undercoaters;
(17) calcimine recoaters;
(18) impacted immersion coatings;
(19) nuclear coatings;
(20) thermoplastic rubber coatings and mastic; and
(21) concrete surface retarders.
(c) Most restrictive VOC limit for products manufactured on or after January 1, 2021.
If a coating is recommended for use in more than one of the specialty coating categories listed in subdivision (a) of this section, the most restrictive (or lowest) VOC content limit shall apply. This requirement applies to usage recommendations that appear anywhere on the coating container, anywhere on any label or sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on their behalf. This provision does not apply to the coating categories listed in paragraphs (1)-(17) of this subdivision:
(1) aluminum roof coatings;
(2) bituminous roof primers;
(3) high temperature coatings;
(4) industrial maintenance coatings;
(5) low-solids coatings;
(6) metallic pigmented coatings;
(7) pretreatment wash primers;
(8) shellacs;
(9) specialty primers, sealers, and undercoaters;
(10) wood coatings;
(11) wood preservatives;
(12) zinc-rich primers;
(13) calcimine recoaters;
(14) impacted immersion coatings;
(15) nuclear coatings;
(16) thermoplastic rubber coatings and mastic;
(17) concrete surface retarders.
(d) Painting practices.
Any person who applies architectural coatings shall ensure that all containers used to apply the contents therein to a surface directly from the container by pouring, siphoning brushing or rolling, padding, ragging or other means, shall be closed when not in use. These architectural coatings containers include, but are not limited to, drums, buckets, cans, pails, trays, or other application containers. Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use.
(e) Thinning.
No person who applies or solicits the application of any architectural coating shall apply a coating that is thinned to exceed the applicable VOC limit specified in subdivision (a) of this section.
(f) Rust preventive coatings.
No person shall apply or solicit the application of any rust preventive coating, manufactured before January 1, 2021, for industrial use, unless such a rust preventive coating complies with the industrial maintenance coating VOC limit specified in subdivision (a) of this section.
(g) Coatings not listed in subdivision (a) of this section.
For any coating that does not meet any of the definitions for the specialty coatings categories listed in subdivision (a) of this section, the VOC content limit shall be determined by classifying the coating as a flat coating, nonflat coating, or nonflat-high gloss coating as those terms are defined in section 205.2(ac), (at) and (au) of this Part and the corresponding flat or nonflat coating VOC limit in subdivision (a) of this section shall apply.
(h) Sell through of coatings.
A coating manufactured prior to the effective date specified for that coating in subdivision (a) of this section, may be sold, supplied, or offered for sale until May 1, 2023, so long as the coating complied with standards in effect at the time the coating was manufactured.
6 CRR-NY 205.3
Current through December 31, 2021
End of Document