1. A. Except as provided in this section, no owner or other person shall (i) manufacture, blend, or repackage for sale, (ii) supply, sell, or offer for sale, or (iii) solicit for application or apply any architectural coating with a VOC content in excess of the corresponding limit specified in Table 45-5A.

2. B. 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 any person acting on behalf of a manufacturer, any representation is made that indicates that the coating meets the definition of or is recommended for use for more than one of the coating categories listed in Table 45-5A, then the most restrictive VOC content limit shall apply. This provision does not apply to the following coating categories:

   Lacquer coatings (including lacquer sanding sealers);

   Metallic pigmented coatings;

   Shellacs;

   Fire-retardant coatings;

   Pretreatment wash primers;

   Industrial maintenance coatings;

   Low-solids coatings;

   Wood preservatives;

   High-temperature coatings;

   Temperature-indicator safety coatings;

   Antenna coatings;

   Antifouling coatings;

   Flow coatings;

   Bituminous roof primers;

   Calcimine recoaters;

   Impacted immersion coatings;

   Nuclear coatings;

   Thermoplastic rubber coating and mastic; and

   Specialty primers, sealers, and undercoaters.

   Table 45-5A VOC Content Limits for Architectural Coatings
   Limits are expressed in grams of VOC per liter1 of coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt compounds, or colorant added to tint bases. "Manufacturers maximum recommendation" means the maximum recommendation for thinning that is indicated on the label or lid of the coating container.
   Coating Category	VOC Content Limit
   Flat Coatings	100
   Nonflat Coatings	150
   Nonflat 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
   		Conversion Varnishes	725
   		Varnishes (other than conversion varnishes)	350
   	Concrete Curing Compounds	350
   	Concrete Surface Retarder	780
   	Dry Fog Coatings	400
   	Extreme durability coating	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
   	Impacted Immersion Coating	780
   	Industrial Maintenance Coatings	340
   	Low‑Solids Coatings	120
   	Magnesite Cement Coatings	450
   	Mastic Texture Coatings	300
   	Metallic Pigmented Coatings	500
   	Multi‑Color Coatings	250
   	Nuclear Coatings	450
   	Pretreatment Wash Primers	420
   	Primers, Sealers, and Undercoaters	200
   	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
   	Swimming Pool Coatings	340
   	Swimming Pool Repair and Maintenance Coatings	340
   	Temperature‑Indicator Safety Coatings	550
   	Thermoplastic Rubber Coating and Mastic	550
   	Traffic Marking Coatings	150
   	Waterproofing Sealers	250
   	Waterproofing Concrete/Masonry Sealers	400
   	Wood Preservatives	350
   1 Conversion factor: one pound of VOC per gallon (U.S.) = 119.95 grams per liter.

3. C. A coating manufactured prior to the applicable compliance date specified in 9VAC5-45-580, may be sold, supplied, or offered for sale for two years following the applicable compliance date. In addition, a coating manufactured before the applicable compliance date specified in 9VAC5-45-580, may be applied at any time, both before and after the applicable compliance 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 subdivision 1 of 9VAC5-45-560.
4. D. 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, drums, buckets, cans, pails, trays, or other application containers. Containers of any VOC-containing materials used for thinning and cleanup shall also be closed when not in use.
5. E. No owner or other person who applies or solicits the application of any architectural coating shall apply a coating that contains any thinning material that would cause the coating to exceed the applicable VOC limit specified in Table 45-5A.
6. F. No owner or other 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 Table 45-5A.
7. G. For any coating that does not meet any of the definitions for the specialty coatings categories listed in Table 45-5A, the VOC content limit shall be determined by classifying the coating as a flat coating or a nonflat coating, based on its gloss, as defined in 9VAC5-45-540 C, and the corresponding flat or nonflat coating limit shall apply.
8. H. Notwithstanding the provisions of subsection A of this section, up to 10% by volume of VOC may be added to a lacquer to avoid blushing of the finish during days with relative humidity greater than 70% and temperature below 65°F, at the time of application, provided that the coating contains acetone and no more than 550 grams of VOC per liter of coating, less water and exempt compounds, prior to the addition of VOC.

Statutory Authority

§ 10.1-1308 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 26, Issue 12, eff. March 17, 2010.