D.C. Mun. Regs. tit. 20, § 774
774.1
No 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:
(p) Thermoplastic rubber coating and mastic;
(q) Calcimine recoaters;
(r) Impacted immersion coatings;
(s) Nuclear coatings; and
(t) Concrete surface retarders.
774.3 A 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).
774.4 All 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.
774.5 No 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.
774.6 No 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.
774.7 For 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.
774.8 A 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.
774.9 The 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.
774.10 Notwithstanding 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 (18° 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 |
SOURCE: Notice of Final Rulemaking published at 58 DCR 11286, 11397 (December 30, 2011).