745.1 The provisions of §§ 743 through 749 shall not apply to the use or sale of the following compounds:

1. (a) 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 § 746;
2. (b) Adhesives, sealants, adhesive primers, and sealant primers that are subject to VOC standards in 20 DCMR § 720;
3. (c) Adhesives and sealants that contain less than twenty grams (20 g.) of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied;
4. (d) Cyanoacrylate adhesives;
5. (e) Adhesives, sealants, adhesive primers, or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of sixteen (16) fluid ounces or less, or a net weight of one pound (1 lb.) or less, except plastic cement welding adhesives and contact adhesives; or
6. (f) Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of one gallon (1 gal.) or less.

745.2 The requirements of §§ 743 through 749 shall not apply to the use of adhesives, sealants, adhesive primers, sealant primers, or surface preparation and cleanup solvents in the following operations:

1. (a) Tire repair operations, provided the label on the adhesive states “For Tire Repair Only”;
2. (b) In the assembly, repair, and manufacture of aerospace components or undersea-based weapon system components;
3. (c) Medical equipment manufacturing; or
4. (d) Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed before July 1, 1992.

745.3 The provisions of §§ 743 through 749 shall not apply to a person who uses

or applies any adhesive, sealant, adhesive primer, and sealant primer at a stationary source if the total VOC emissions from all adhesives, sealants, adhesive primers, and sealant primers used at the stationary source are less than two hundred pounds (200 lb.) per calendar year, or an equivalent volume.

745.4 The provisions of § 744.2 and 744.4 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 non-complying adhesives, sealants, primers, cleanup and surface preparation solvents applied facility-wide at a stationary source does not exceed fifty-five gallons (55 gal.) per calendar year.

745.5 Any person claiming an exemption pursuant to § 745.2(d) thru 745.4 shall record and maintain monthly operational records sufficient to demonstrate compliance, and in accordance with § 746.

745.6 Subsections 743 to 749 shall not apply to a manufacturer or distributor who sells, supplies or offers for sale in the District of Columbia any adhesive, sealant, adhesive primer, or sealant primer that does not comply with § 744.1 provided that such manufacturer or distributor makes and keeps records demonstrating:

(a) The adhesive, sealant, adhesive primer, or sealant primer is intended for shipment and use outside of the District of Columbia; and

(b) The manufacturer or distributor has taken reasonable precautions to assure that the adhesive, sealant, adhesive primer, or sealant primer is not distributed to, or within, the District of Columbia.

745.7 Subsection 745.6 shall not apply to any adhesive, sealant, adhesive primer, or sealant primer that is sold, supplied, or offered for sale by any person to a retail outlet in the District of Columbia.

745.8 Subsection 744.1 shall not apply to the sale of any adhesive, sealant, adhesive primer, or sealant primer to a person using add-on air pollution control equipment, pursuant to § 744.5, to comply with the requirements of §§ 743 to 749.

745.9 The VOC content limits specified in the Table of Standards in § 744.2 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 before January 1, 2012.

SOURCE: Final Rulemaking published at 51 DCR 3879 (April 16, 2004); as amended by Final Rulemaking published at 51 DCR 10781 (November 26, 2004); as amended by Notice of Final

Rulemaking published at 58 DCR 11286, 11356 (December 30, 2011).