06-096 C.M.R. ch. 159, § 3 - Exemptions and Exceptions

A. The requirements of this rule shall not apply to the use, sale or manufacture of the following compounds:

(1) Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any research and development, quality assurance or analytical laboratory, provided records are maintained as required in section 4 of this rule;

(2) Adhesives, sealants, adhesive primers and sealant primers that are regulated as consumer products under 06-096 CMR Chapter 152 Control of Volatile Organic Compounds from Consumer Products;

(3) Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied;

(4) Cyanoacrylate adhesives;

(5) Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less, or a net weight of one pound or less, except plastic cement welding adhesives and contact adhesives;

(6) Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of one gallon or less; and

(7) Adhesives and sealants that are applied in a dry, powdered form and activated without the use of solvent.

B. The requirements of this rule shall not apply to the use, sale or manufacture of adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents in the following operations:

(1) Tire repair operations, provided the label of the adhesive states "For tire repair only;"

(2) In the assembly, repair and manufacture of aerospace or undersea-based weapon systems;

(3) Solvent welding operations used in the manufacture of medical equipment; and

(4) Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992. Any person claiming exemption pursuant to this subparagraph shall record and maintain monthly operational records sufficient to demonstrate compliance with this exemption and in accordance with section 4 of this rule.

C. The provisions of this rule, except subsection 2(A) of this rule, shall not apply if the total VOC emissions from all adhesives, sealants, adhesive primers and sealant primers used at the source are less than 200 pounds per calendar year, or an equivalent volume. Any person claiming exemption pursuant to this subparagraph shall record and maintain monthly operational records sufficient to demonstrate compliance.

D. The provisions of this rule shall not apply to the use of any adhesives, sealants, adhesive primers, sealant primers, cleanup solvents and surface preparation solvents provided the total volume of noncomplying adhesives, sealants, primers, cleanup and surface preparation solvents applied facility-wide does not exceed 55 gallons per calendar year. Any person claiming exemption pursuant to this subparagraph shall record and maintain monthly operational records sufficient to demonstrate compliance with this exemption.

E. Section 2(A) of this rule shall not apply to the sale of any adhesive, sealant, adhesive primer or sealant primer to a person using Department-permitted add-on air pollution control equipment, pursuant to section 2(E) of this rule, to comply with the requirements of this rule.

F. The VOC limits in Table 1 of this rule shall apply to the use of single-ply roof membrane installation or repair adhesive, single-ply roof membrane sealant and single-ply roof membrane adhesive primer on and after January 1, 2016.

G. The VOC limits in Table 1 of this rule shall not apply to any manufacturer or distributor who sells supplies or offers for sale any single-ply roof membrane installation or repair adhesive, single-ply roof membrane sealant or single-ply roof membrane adhesive primer prior to January 1, 2016.

Notes

06-096 C.M.R. ch. 159, § 3