PURPOSE: This rule limits volatile organic compound content of traffic coatings. Volatile organic compounds are precursors to ozone, which poses health and environmental concerns. This rule is part of the fifteen percent state implementation plan for the ozone nonattainment area.

PUBLISHER’S NOTE: The secretary of state has determined that the publication of the entire text of the material which is incorporated by reference as a portion of this rule would be unduly cumbersome or expensive. Therefore, the material which is so incorporated is on file with the agency who filed this rule, and with the Office of the Secretary of State. Any interested person may view this material at either agency’s headquarters or the same will be made available at the Office of the Secretary of State at a cost not to Specific to the St. Louis Metropolitan Area

exceed actual cost of copy reproduction. The entire text of the rule is printed here. This note refers only to the incorporated by reference material.

1. (1) Definitions.

   1. (A) Grams of volatile organic compounds

2. (VOC) per liter of coating, less water and less exempt compounds is the weight of VOC per combined volume of VOC and coating solids and can be calculated by the following equation:

   1. (B) Traffic coatings are coatings formulated for and applied to public streets, highways, and other surfaces including, but not limited to, curbs, berms, driveways, and parking lots.

Grams of VOC per liter of coating, less water and less exempt compounds = Ws-Ww-Wes Vm-Vw-Ves Where: Ws = weight of volatile compounds in grams Ww = weight of water in grams Wes = weight of exempt compounds in grams Vm = volume of material in liters Vw = volume of water in liters Ves = volume of exempt compounds in liters

1. (C) Other definitions of certain terms specified in this rule may be found in 10 CSR 10- 6.020.

1. (2) Applicability.

   1. (A) This rule shall apply throughout the St. Louis metropolitan area which includes the City of St. Louis and Jefferson, Franklin, St. Louis, and St. Charles Counties.
   2. (B) This rule shall apply to any person who supplies, sells, offers for sale, applies, solicits the application of, or manufactures for use any coating intended for use in traffic marking.
   3. (C) This rule shall not apply to traffic coatings sold for shipment outside of the area defined in subsection (2)(A) or for shipment to other manufacturers for repackaging.

2. (3) Provisions.

   1. (A) Except as provided in subsections (3)(B) and (C), no person shall supply, sell, offer for sale, apply, or solicit the application of, any traffic coating which, at the time of sale or manufacture, contains more than one hundred fifty (150) grams of VOCs per liter of coating one point twenty-six (1.26) pounds per gallon, excluding water, exempt compounds, and any colorant added to tint bases, or manufacture, blend, or repackage such a coating for use within the St. Louis metropolitan area without the approval of the staff director.
   2. (B) If anywhere on the container of any coating, on any sticker or label affixed thereto, or in any sales or advertising literature, any representation is made that the coating may be used as, or is suitable for use as, a coating for which a lower VOC is specified, then the lowest VOC standard shall apply.
   3. (C) Sale or application of a coating manufactured prior to the effective date of the rule, and not complying with the standard in subsection (3)(A), shall not constitute a violation until April 15, 1996.
   4. (D) The manufacture of a coating not complying with subsection (3)(A) shall not constitute a violation until thirty (30) days after the effective date of the rule.
   5. (E) All VOC-containing materials shall be stored in closed containers when not in use. In use includes, but is not limited to, being accessed, filled, emptied, or repaired.

3. (4) Labeling.

   1. (A) Containers for all traffic coatings shall display the date of manufacture of the contents or a code indicating the date of manufacture. The manufacturers of such coatings shall file with the staff director an explanation of each code.
   2. (B) Containers for all coatings subject to the requirements of this rule shall carry a statement of the manufacturer’s recommendation regarding thinning of the coating. The recommendation shall either specify that the coating is to be applied under normal environmental and application conditions without thinning, or limit thinning required for normal environmental and application conditions such that after thinning the coating will not exceed one hundred fifty (150) grams of VOCs per liter.
   3. (C) Containers of any coating subject to this rule shall display the maximum grams of VOC in a liter of traffic coating as produced by the manufacturer, excluding water and any colorant added to tint bases and after any recommended thinning. The VOC content displayed may be calculated using product formulation data, or may be determined using the test method in section (5).

4. (5) Test Method.

   1. (A) The VOC content of traffic coatings shall be determined by the Environmental Protection Agency (EPA) Reference Test Method 24 (Determination on Volatile Matter Content, Water Content, Density Volume Solids, and Weight Solids of Surface Coatings, Code of Federal Regulations Title 40, part 60, Appendix A).
   2. (B) Other test methods for determining VOC content may be used if found to be equivalent after review by the director. 10 CSR 10-5

AUTHORITY: 643.050, RSMo 1994.* Original rule filed Oct. 7, 1994, effective May 28, 1995. *Original authority: 643.050, RSMo 1965, amended 1972, transferred from 203.050 in 1986, 1992, 1993.