Section 20-774. ARCHITECTURAL AND INDUSTRIAL MAINTENANCE COATING – STANDARDS

 

774.1No person shall manufacture, blend, supply, sell, offer for sale, apply, or solicit the application of any architectural coating with a VOC con­tent in excess of the corresponding limit specified in the Table of Standards in § 774.10, except as provided in §§ 774.2, 774.3, 774.8, and 774.10.  

 

774.2 The most restrictive VOC content limit shall apply if anywhere on the container of any architectural coating, or 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, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one (1) of the coating categories listed in the Table of Standards in § 774.10. This pro­vision does not apply to the following coating categories:

 

(a) Lacquer coatings (including lacquer sanding sealers);

 

(b)Metallic pigmented coatings;

 

(c)Shellacs;

 

(d)Fire-retardant coatings;

 

(e)Pretreatment wash primers;

 

(f)Industrial maintenance coatings;

 

(g)Low-solids coatings;

 

(h)Wood preservatives;

 

(i)High-temperature coatings;

 

(j)Temperature-indicator safety coatings;

 

(k)Antenna coatings;

 

(l)Antifouling coatings;

 

(m)Flow coatings;

 

(n)Bituminous roof primers;

 

(o)Specialty primers, sealers, and undercoaters;

 

(p)Thermoplastic rubber coating and mastic;

 

(q)Calcimine recoaters;

 

(r)Impacted immersion coatings;

 

(s)Nuclear coatings; and

 

(t)Concrete surface retarders.

 

774.3A coating manufactured before the effective date specified for that coating in the Table of Standards in § 774.10, may be sold, supplied, or offered for sale after the specified effective date. In addition, a coating manufac­tured before the effective date specified for that coating in the Table of Standards in § 774.10 may be applied at any time, both before and after the specified effective date, so long as the coating complied with the standards in effect at the time the coating was man­ufactured. This subsection does not apply to any coating that does not display the date or date code required by § 776.1(a).

 

774.4All architectural coating containers used to apply the contents therein to a surface directly from the con­tainer by pouring, siphoning, brushing, rolling, padding, ragging, or other means shall be closed when not in use. These architectural coatings containers include, but are not limited to:

 

(a) Drums, buckets, cans, pails, trays, or other application containers; and

 

(b)Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use.

 

774.5No 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 the Table of Standards in § 774.10.

 

774.6No person shall apply or solicit the application of any rust pre­ventive coating for industrial use, unless such a rust preven­tive coating complies with the industrial maintenance coating VOC limit specified in the Table of Standards in § 774.10.

 

774.7For any coating that does not meet any of the definitions for the specialty coatings cate­gories listed in the Table of Standards in § 774.10, the VOC content limit shall be deter­mined by classifying the coating as a flat coating or a non-flat coating, based on its gloss, as defined in § 799, and the corresponding flat or non-flat coating limit shall apply.

 

774.8A manufacturer, seller, or user of an industrial maintenance coating may petition the Department to apply an industrial maintenance coating with a VOC content greater than three hundred forty gallons per liter (340 g./L) if all of the following conditions are met:

(a)The industrial maintenance coating is applied outside the ozone season, normally May through September every year;

 

(b)The petition submitted to the Department shall contain the following information, as applicable: job requirements and descriptions, volume of coating, maximum VOC content, and a cer­tification that a complying coating meet­ing the job performance requirements is not available; and

 

(c)If the Department grants written approval, such approval shall contain volume and VOC limit conditions. Until written approval is granted by the Department and received by the petitioner, all provisions of this section shall apply.

 

774.9The Department shall not approve any petition under § 774.8 if the approvals previously granted by the Department during the calendar year, when combined with the petition under consideration, would result in excess VOC emissions for that calendar year that would exceed five percent (5%) of the annual emission reduction achieved within the District of Columbia from implementing the January 1, 2005, VOC limit for industrial maintenance coatings. Coatings subject to this provision shall be sold only if an approved petition (or a copy of it) is provided before the sale. Coatings subject to this provision shall not be available to the general public.

 

774.10Notwithstanding the provisions of § 774.1, a person or facility may add up to ten percent (10%) by volume of VOC to a lacquer to avoid blushing of the finish during days with relative humidity greater than seventy percent (70%) and tem­perature below sixty-five degrees Fahrenheit (65° F) or eighteen degrees Celsius (18º C) at the time of application, provided that the coating contains acetone and no more than five hundred fifty grams (550 g.) of VOC per liter of coating, less water and exempt compounds, before the addition of VOC.

 

Table of Standards. VOC Content Limits for Architectural Coatings. 

 

Coating Category	VOC Content Limit (Grams VOC per liter)
Flat coatings	100
Non-flat coatings	150
Non-flat high gloss coatings	250
Specialty Coatings
Antenna coatings	530
Antifouling coatings	400
Bituminous roof coatings	300
Bituminous roof primers	350
Bond breakers	350
Calcimine recoater	475
Clear wood coatings:
• Clear brushing lacquers	680
• Lacquers (including lacquer sanding sealers)	550
• Sanding sealers (other than lacquer sanding sealers)	350
• Varnishes	350
Concrete curing compounds	350
Concrete surface retarders	780
Conjugated oil varnish	450
Conversion varnish	725
Dry fog coatings	400
Faux finishing coatings	350
Fire-resistive coatings	350
Fire-retardant coatings
• Clear	650
• Opaque	350
Floor coatings	250
Flow coatings	420
Form-release compounds	250
Graphic arts coatings (sign paints)	500
High-temperature coatings	420
Industrial maintenance coatings	340
Impacted immersion coatings	780
Low-solids coatings	120
Magnesite cement coatings	450
Mastic texture coatings	300
Metallic pigmented coatings	500
Multi-color coatings	250
Nuclear coatings	450
Pre-treatment wash primers	420
Primers, sealers, and undercoaters	200
Reactive penetrating carbonate stone sealer	600
Quick-dry enamels	250
Quick-dry primers, sealers and undercoaters	200
Recycled coatings	250
Roof coatings	250
Rust preventative coatings	400
Shellacs
• Clear	730
• Opaque	550
Specialty primers, sealers, and undercoaters	350
Stains	250
Stone consolidants	450
Swimming pool coatings	340
Swimming pool repair and maintenance coatings	340
Temperature-indicator safety coatings	550
Thermoplastic rubber coatings and mastics	550
Traffic marking coatings	150
Waterproofing sealers	250
Waterproofing concrete/masonry sealers	400
Wood preservatives	350

 

authority

The Director of the District Department of the Environment (DDOE or Department), pursuant to the authority set forth in sections 5 and 6(b) of the District of Columbia Air Pollution Control Act of 1984, as amended, effective March 15, 1985 (D.C. Law 5-165 (DCAPC); D.C. Official Code §§ 8-101.05 and 8-101.06(b)(2008 Repl.)), section 107(4) of the District Department of the Environment Establishment Act of 2005, effective February 15, 2006 (D.C. Law 16-51; D.C. Official Code § 8-151.07(4)(2008 Repl.)), Mayor's Order 98-44, dated April 10, 1998, and Mayor’s Order 2006-61, dated June 14, 2006.

source

Notice of Final Rulemaking published at 58 DCR 11286, 11397 (December 30, 2011).