(1) Purpose. 310 CMR 7.25 applies to and sets forth requirements for the control of volatile organic compound emissions from the use of consumer and commercial products as defined in Title I Part D Subpart 2 Section 183(e)(1)(B) of the federal Clean Air Act.
[(2) through (10) : Reserved]
(11) Architectural and Industrial Maintenance (AIM) Coatings.
(a)
Applicability.1.
Except as provided in 310 CMR 7.25(11)(a)2., the requirements of 310 CMR
7.25(11) apply to any person who, on or after January 1, 2009, supplies, sells
offers for sale, blends for sale, or manufactures any architectural coating
listed in 310 CMR 7.25(11)(b) for use within Massachusetts, as well as any
person who applies or solicits the application of any architectural coating
within Massachusetts.
2. The
provisions of 310 CMR 7.25(11) do not apply to any person who supplies, sells
offers for sale, blends for sale, or manufactures any architectural coating
that is for exclusive use outside of Massachusetts.
(b)
Definitions
Terms used in 310 CMR 7.25 are defined at
310 CMR
7.00: Definitions or in 310 CMR 7.25
Where a term is defined in both
310 CMR
7.00: Definitions and in 310 CMR
7.25, the definition in 310 CMR 7.25 shall apply
AEROSOL COATING PRODUCT means an
aerosol coating product containing pigments or resins that is packaged in a
disposable can for hand-held application, or for use in specialized equipment
for ground traffic/marking applications.
ANTENNA COATING means a coating
labeled and formulated exclusively for application to equipment and associated
structural appurtenances that are used to receive or transmit electromagnetic
signals.
ANTIFOULING COATING means 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 U.S. EPA under the Federal Insecticide, Fungicide and
Rodenticide Act (
7
U.S.C. §
136
et seq.)
and with the under the Massachusetts Pesticide Control Act.
APPURTENANCE means 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 and fire escapes; and window
screens.
ARCHITECTURAL COATING means a coating
to be applied to stationary structures or the 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, and
adhesives are not considered architectural coatings for the purposes of 310 CMR
7.25.
ASTM means the American Society for
Testing and Materials.
BAAQMD means Bay Area Air Quality
Management District of the State of California.
BITUMENS means 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.
BITUMINOUS ROOF COATING means a
coating that incorporates bitumens that is labeled and formulated exclusively
for roofing.
BITUMINOUS ROOF PRIMER means a primer
that incorporates bitumens that is labeled and formulated exclusively for
roofing.
BOND BREAKER means 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.
CALCIMINE RECOATER means a flat
solvent-borne coating formulated and recommended specifically for recoating
calcimine-painted ceilings and other calcimine-painted substrates.
CARB means the California Air
Resources Board.
CLEAR BRUSHING LACQUERS means 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 310
CMR 7.25(11)(d)3.
CLEAR WOOD COATINGS means clear and
semi-transparent coatings, including lacquers and varnishes, applied to wood
substrates to provide a transparent or translucent solid film.
COATING means 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.
COLORANT means 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.
CONCRETE CURING COMPOUND means a
coating labeled and formulated for application to freshly poured concrete to
retard the evaporation of water.
CONCRETE SURFACE RETARDER means 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.
CONSUMER means any person who
purchases or acquires any product for personal, family, household, or
institutional use. Persons acquiring a product for resale are not consumers for
that product.
CONVERSION VARNISH means 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. The film formation is the result of an acid-catalyzed
condensation reaction, affecting a transe therification at the reactive ethers
of the amino resins.
DATE-CODE means the day, month and
year on which the product was manufactured, filled, or packaged, or a code
indicating such a date.
DRY FOG COATING means 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.
EXEMPT COMPOUND a compound identified
as exempt under the definition of Volatile Organic Compound (VOC), under 310
CMR 7.25(11)(b). Exempt compounds content of a coating shall be determined by
U.S. EPA Method 24 or South Coast Air Quality Management District (SCAQMD)
Method 303-91 (Revised August 1996).
FAUX FINISHING COATING means a coating
labeled and formulated as a stain or a glaze to create artistic effects
including, but not limited to, dirt, old age, smoke damage, and simulated
marble and wood grain.
FIRE-RESISTIVE COATING means an opaque
coating labeled and formulated to protect structural integrity by increasing
the fire endurance of interior or exterior steel and other structural
materials, that has been fire tested and rated by a testing agency and approved
by building code officials for use in bringing assemblies of structural
materials into compliance with federal, state, and local building code
requirements. The fire-resistive coating and the testing agency shall have been
approved by building code officials. The fire-resistive coating shall be tested
in accordance with ASTM Designation E 119-98.
FIRE-RETARDANT COATING means a coating
labeled and formulated to retard ignition and flame spread, that has been fire
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. Building code officials
shall have been approved the fire-retardant coating and the testing agency. The
fire-retardant coating shall be tested in accordance with ASTM Designation E
84-99.
FLAT COATING means a coating that is
not defined under any other definition in 310 CMR 7.25 and that registers gloss
less than 15 on an 85° meter or less than five on a 60° meter according
to ASTM Designation D 523-89 (1999).
FLOOR COATING means an opaque coating
that is labeled and formulated for application to flooring, including, but not
limited to, decks, porches, steps, and other horizontal surfaces that may be
subjected to foot traffic.
FLOW COATING means a coating labeled
and formulated exclusively for use by electric power companies or their
subcontractors to maintain the protective coating systems present on utility
transformer units.
HIGH-TEMPERATURE COATING means a high
performance coating labeled and formulated for application to substrates
exposed continuously or intermittently to temperatures above 204°C.
IMPACTED IMMERSION COATING means a
high...
