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Proposed Parts 205 and 200 Regulatory Impact Statement Summary


The Department of Environmental Conservation (DEC) proposes to adopt revisions to 6 NYCRR Part 205, "Architectural and Industrial Maintenance (AIM) Coatings," and Part 200, "General Provisions" (collectively, Part 205). AIM coatings, such as paint, are applied to stationary structures or their appurtenances at the site of installation, portable buildings at the site of installation, pavements, or curbs. The purpose of this rulemaking is to lower VOC emissions by lowering VOC limits for some coating categories. DEC will be required to incorporate the revisions to Part 205 and the attendant revisions to Part 200 into New York's SIP, and provide the revised SIP to EPA for review and approval.

Statutory Authority

The statutory authority for the promulgation of 6 NYCRR Part 205 and the attendant revision to 6 NYCRR Part 200 is found in the New York State Environmental Conservation Law (ECL), Sections 1-0101, 3-0301, 3-0303, 19-0103, 19-0105, 19-0107, 19-0301, 19-0302, 19-0303, 19-0305, 71-2103, and 71-2105.

Legislative Objectives

Article 19 of the ECL was enacted to safeguard the air resources of New York from pollution and ensure protection of the public health and welfare, the natural resources of the state, and physical property by integrating industrial development with sound environmental practices.

Needs and Benefits

New York faces a significant public health challenge from ground-level ozone which causes health effects ranging from respiratory disease to death. In response to this public health concern, New York has enacted a series of regulations designed to control ozone and its chemical precursors, including VOCs. In the course of establishing this regulatory framework, New York has promulgated regulations under 6 NYCRR Part 205 to limit the VOCs emitted from architectural and industrial maintenance coatings (AIM coatings).

The 2008 8-hour ozone NAAQS level is 0.075 parts per million (ppm). In 2015 the EPA reduced the 8-hour ozone NAAQS to a level of 0.070 ppm. Areas in New York are currently designated as nonattainment for the 2008 and 2015 ozone NAAQS.

Pursuant to the Clean Air Act, New York State is required to develop and implement enforceable strategies that will bring the entire state into attainment for the 2008 and 2015 8-hour ozone NAAQS. DEC is proposing to revise Part 205 to get further VOC reductions necessary to achieve compliance with the 2008 and 2015 ozone NAAQS.

The OTC estimated that the OTC Region's specific percent reductions in the architectural and industrial maintenance coating sector resulting from implementation of the rule are as follows1:

Coating Category Percent VOC
Flat, Non Flat 32.4
Traffic Markings 9.7
Industrial Maintenance 38
Other Specialty Coatings 34.3
Overall AIM Coating Reduction 33.7

Applying these categorical reductions to New York, DEC estimates the rule revisions will achieve VOC mass reductions of approximately 16 tons per day (TPD).

Summary of the proposed rule

DEC proposes to revise Part 205 consistent with a model rule developed by the Ozone Transport Commission (OTC) in 2011. Key provisions of this proposal include:

  • Eliminating 15 coating categories and sub-categories
  • Adding 12 new coating categories
  • Lowering VOC limits on 12 coating categories
  • Broadening the scope of DEC's data collecting authority
  • Adding transitional language
  • Updating definitions and codes (revise section 200.9)
  • Eliminating the quart exemption (not included in the model rule)

Brief discussions of the DEC's proposed revisions to Part 205 are presented below.

Eliminate 15 coating categories and sub-categories

The coating categories proposed for elimination with the coating category it is proposed to be absorbed by:

Eliminated Category Absorbed By
Antenna Coatings (530 grams per liter (g/l) Industrial Maintenance (250 g/l)
Antifouling Coatings (400 g/l) Industrial Maintenance (250 g/l)
Clear Wood Coatings
  • Clear Brushing Lacquers (680 g/l)
  • Lacquers (550 g/l)
  • Sanding Sealers (350 g/l)
  • Varnishes (350 g/l)
Wood Coatings (275 g/l)
Fire Retardant Coatings
  • Clear (650 g/l)
  • Opaque (350 g/l)
Industrial Maintenance (250 g/l)
Flow Coatings (420 g/l) Industrial Maintenance (250 g/l)
Quick Dry Enamels (250 g/l) Flat (50 g/l) or
Nonflat (100 g/l) or
Nonflat High Gloss (150 g/l)
Quick Dry Primers, Sealers & Undercoaters (200 g/l) Specialty Primers, Sealers & Undercoaters (100 g/l)
Swimming Pool Repair & Maintenance Coatings (340 g/l) Swimming Pool Coatings (340 g/l)
Temperature Indicator Coatings (550 g/l) Industrial Maintenance (250 g/l)
Waterproofing Sealers (250 g/l) Concrete/Masonry Sealers (100 g/l) or
Waterproofing Membranes (250 g/l)
Waterproofing Concrete/Masonry Sealers (400 g/l) Basement Specialty Coatings (400 g/l) or
Concrete/Masonry Sealers (100 g/l) or
Waterproofing Membranes (250 g/l)

Add 12 new coating categories

The coating categories proposed for addition are:

New Category Limit (g/l)
Aluminum Roof 450
Basement Specialty Coatings 400
Concrete/Masonry Sealer 100
Conjugated Oil Varnish 450
Driveway Sealer 50
Reactive Penetrating Sealer 350
Reactive Penetrating Carbonate Stone Sealer 500
Stone Consolidants 450
Tub and Tile Refinish 420
Waterproofing Membranes 250
Wood Coatings 275
Zinc-Rich Primer 340

Lower VOC limits on 12 coating categories

The coating categories proposed for lowered VOC limits are:

Category Limit lowered (g/l)
Bituminous Roof Coatings From 300 to 270
Dry Fog Coatings From 400 to 150
Flat Coatings From 100 to 50
Floor Coatings From 250 to 100
Industrial Maintenance From 340 to 250
Mastic Texture Coatings From 300 to 100
Nonflat Coatings From 150 to 100
Nonflat-High Gloss From 250 to 150
Primers, Sealers & Undercoaters From 200 to 100
Rust Preventative From 400 to 250
Specialty Primers, Sealers & Undercoaters From 350 to 100
Traffic Marking From 150 to 100

Add transitional language

At the request of stakeholders, DEC is revising sections 205.2 and 205.3 by adding transitional language to clarify definitions, including those related to the new coating categories, and explicitly identifying when certain categories will be phased out and new ones phased in under the revised rule.

Update definitions and codes as necessary

DEC is revising Section 205.2, "Definitions", to clarify and update specific definitions that are currently unclear or require updating to reflect the other program changes.

DEC is also revising subdivision 205.3(b), which is the "most restrictive VOC limit" provision of the rule to address the new and eliminated coating categories.

Section 205.6 will be updated to reflect the most up-to-date ASTM publications. As a result of these updates, Section 200.9 will also be updated.

Eliminate the quart exemption

DEC is revising paragraph 205.1(b)(3) of the applicability section to eliminate what is known as the "quart exemption." Currently, Part 205 does not regulate coatings sold in containers with a volume of one liter (1.057 quart) or less. Manufacturers and suppliers may circumvent the VOC limits in Part 205 by selling the coatings in bundles of quart containers inside a larger pail resulting in greater than anticipated VOC emissions. To address this issue, the proposed revision will eliminate the language of Part 205 exempting quart containers. This provision is not included in the OTC AIM Model Rule.

Broaden the scope of DEC's data collection authority

DEC is broadening the scope of its authority to collect information pursuant to the reporting requirements in Section 205.5 of the rule. This revision allows DEC to request more information than under the existing rule and gives manufacturers additional time to respond. Currently, DEC cannot request information on products manufactured for use outside of the state (which could then be sold back into the state) or sold in the state in containers of one liter or less. In the past, some manufacturers have voluntarily provided this information when requested, but others have not. The collection of this information is important in developing emission inventories and enforcing the rule.


In 2007, CARB implemented the VOC limits being proposed in the revisions to Part 205. CARB conducted a thorough study of affected businesses to determine control costs that would be incurred. CARB estimated a per-limit cost-effectiveness ranging from a net savings to $13.90 per pound of VOC reduced, with an overall cost-effectiveness of $1.12 per pound of VOC reduced (in 2007 dollars). These values were based upon the assumption that companies will absorb all costs (i.e. none were passed down to consumers) and may therefore be slightly inflated. CARB computed an average 2.1 percent decline in return on owner's return on equity (ROE - calculated by dividing net profit by net worth), and used this to gauge economic impact. In its analysis, CARB concluded that the lower VOC limits should not significantly impact the profitability of most businesses, although it may have an impact on the smallest operations. Overall, business profitability and job opportunities would not be significantly affected.


The proposed changes to Part 205 broaden the scope of DEC's authority to collect information. Specifically, Section 205.5 requires that manufacturers keep data on file for three years. If DEC requests this information, the manufacturer's responsible official shall provide this information within 180 days of written request.

Local Government Mandates

No record keeping, reporting, or other requirements will be imposed on local governments. The authority and responsibility for implementing and administering Part 205 resides solely with DEC. Requirements for record keeping, reporting, etc. are applicable only to the person(s) who manufactures, sells, supplies, or offers AIM coatings for sale.

Duplication Between this Regulation and Other Regulations and Laws

The revisions to Part 205 regulate all of the architectural and industrial maintenance coatings regulated by the federal government under 40 CFR Part 59, National Volatile Organic Compound Emission Standards for Architectural Coatings. The federal rule was developed in 1998 and has not been revised since. The AIM coating sector has seen many technological advancements since 1998, and as a result, manufacturers have been able to formulate quality coatings with lower VOC content.

While the definitions in Part 205 are somewhat different than that in the federal rule, the VOC limits within Part 205 are at least as stringent, and more often more stringent, than those set in the federal rule. Part 205 contains all coatings listed in the federal rule. Therefore, with the exception of coatings that contain post consumer recycled content, a manufacturer need only comply with the limits in Part 205 to be in compliance with the architectural coatings VOC content limits for the New York State and the federal rule.


The following alternatives have been evaluated to address the goals set forth above:

  1. No action taken;
  2. Revising paragraph 205.1(b)(3); and
  3. Removing paragraphs 205.3(b)(1)-(19).

Federal Standards

Both the current version of Part 205 (2003) and this proposed rule are more stringent than the current federal AIM coatings standard, 40 CFR Part 59, National Volatile Organic Compound Emission Standards for Architectural Coatings. The federal standard became effective in 1998 and AIM coating technology has advanced to allow for quality products formulated with lower VOCs. The New York Metropolitan Area continues to be designated non-attainment for ozone and as a result, additional VOC emission reductions need to be achieved.

Compliance Schedule

The proposed effective date for the revisions to Part 205 is January 1, 2021. The sell-through provision allows for product manufactured before January 1, 2021 to be sold through December 31, 2022.


1 "Model Regulations for Nitrogen Oxides (NOx) and Photo-reactive Volatile Organic Compounds (VOCs) Technical Support Document" (Revised August, 2016)

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