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Summary of Express Terms Proposed Parts 200 and 205

Architectural and industrial maintenance (AIM) coatings, commonly referred to as paints, release volatile organic compounds (VOCs) into the atmosphere. VOC content is regulated in Part 205 for 52 coating categories. The major revisions to this proposal are to reduce the VOC limit on 12 coating categories, create VOC limits for 12 additional coating categories, eliminate 15 coating categories and eliminate the quart exemption. This proposal applies to any person who supplies, sells, offers for sale or manufactures architectural coatings for use in the State of New York.

Changes to Section 205.1, Applicability: The proposed revisions remove the exemption provided to coatings sold in one liter (1.057 quart) containers. This is often referred to as the "quart exemption."

Changes to Section 205.2, Definitions: Transitional language was added to all definitions which are proposed to be changed. The definitions contain language stating that categories eliminated on January 1, 2021 will be absorbed by another category.

The Department is also revising Section 205.2 by:

  • Eliminating fifteen categories from the rule. These being antenna coatings, antifouling coatings, clear brushing lacquers, lacquers, sanding sealers, varnishes, clear fire retardant coatings, opaque fire retardant coatings, flow coatings, quick dry enamels, quick dry primers sealers and undercoaters, swimming pool repair and maintenance coatings, temperature indicator coatings, waterproofing sealers and waterproofing concrete/masonry sealers.
  • Adding twelve new categories to the rule. These being aluminum roof, basement specialty coatings, concrete/masonry sealer, conjugated oil varnish, driveway sealer, reactive penetrating sealer, reactive penetrating carbonate stone sealer, stone consolidants, tub and tile refinish, waterproofing membranes, wood coatings, zinc-rich primers.

Changes to Section 205.3, Standards:

The current and proposed standards are shown in the table below.

Coating Category VOC Content Limit
(grams per liter)
Effective Until
December 31, 2020
VOC Content Limit
(grams per liter)
January 1, 2021
Flat Coatings 100 50
Nonflat Coatings 150 100
Nonflat - High Gloss Coatings 250 150
'Specialty Coatings'
Aluminum Roof N/A 450
Antenna Coatings 530 N/A
Antifouling Coatings 400 N/A
Basement Specialty Coatings N/A 400
Bituminous Roof Coatings 300 270
Bituminous Roof Primers 350 350
Bond Breakers 350 350
Calcimine Recoaters 47 475
'Clear Wood Coatings'
  • Clear Brushing Lacquers
  • Lacquers (including lacquer sanding sealers)
  • Sanding Sealers (other than lacquer sanding sealers)
  • Varnishes
Concrete Curing Compounds 350 350
Concrete/Masonry Sealer N/A 100
Concrete Surface Retarders 780 780
Conjugated Oil Varnish N/A 450
Conversion Varnish 725 725
Driveway Sealers N/A 50
Dry Fog Coatings 400 150
Faux Finishing Coatings 350 350
Fire Resistive Coatings 350 350
'Fire Retardant Coatings'
  • Clear
  • Opaque
Floor Coatings 250 100
Flow Coatings 420 N/A
Form Release Compounds 250 250
Graphic Arts Coatings (Sign Paints) 500 500
High Temperature Coatings 420 420
Impacted Immersion Coatings 780 780
Industrial Maintenance Coatings 340 250
Low Solids Coatings 120 120
Magnesite Cement Coatings 450 450
Mastic Texture Coatings 300 100
Metallic Pigmented Coatings 500 500
Multi Color Coatings 250 250
Nuclear Coatings 450 450
Pre Treatment Wash Primers 420 420
Primers, Sealers, and Undercoaters 200 100
Quick Dry Enamels 250 N/A
Quick Dry Primers, Sealers and Undercoaters 200 N/A
Reactive Penetrating Sealer N/A 350
Reactive Penetrating Carbonate Stone Sealer N/A 500
Recycled Coatings 250 250
Roof Coatings 250 250
Rust Preventative Coatings 400 250
  • Clear
  • Opaque
Specialty Primers, Sealers, and Undercoaters 350 100
Stains 250 250
Stone Consolidant N/A 450
Swimming Pool Coatings 340 340
Swimming Pool Repair and Maintenance Coatings 340 N/A
Temperature Indicator Safety Coatings 550 N/A
Thermoplastic Rubber Coatings and Mastics 550 550
Traffic Marking Coatings 150 100
Tub and Tile Refinish N/A 420
Waterproofing Membranes N/A 250
Waterproofing Sealers 250 N/A
Waterproofing Concrete/Masonry Sealers 400 N/A
Wood Coatings N/A 275
Wood Preservatives 350 350
Zinc-Rich Primer N/A 340

The most restrictive limit subdivision 205.3(b) was updated and subdivision 25.3(c) was added to reflect the new and removed categories.

Changes to Section 205.4, Container labeling requirements: The labeling requirements were updated to reflect the new and removed categories.

Changes to Section 205.5, Reporting requirements: The existing language was removed and replaced with language requiring manufacturers to preserve and provide certain information upon the request of the Director. The information proposed for retention includes facility information and product information to be maintained by a responsible official for a minimum of three years.

Changes to Section 205.6, Compliance provisions and test methods: The Department is adding the following text to subdivision 205.6(a); "If the manufacturer does not recommend thinning, the VOC Content must be calculated for the product as supplied. If the manufacturer recommends thinning, the VOC Content must be calculated including the maximum amount of thinning solvent recommended by the manufacturer. If the coating is a multi-component product, the container must display the VOC Content 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."

In addition, new and updated test methods have been added.

Changes to Section 205.7, Limited exemption for small AIM coatings manufacturers: This Section has been removed.

Changes to Section 200.9 Referenced Material: This Section was updated to cite the changed and updated test methods referenced throughout Part 205.