Environmental Regulation

Air Quality Management

Notice of Rule Proposal

NJAC 7:27-23 Prevention of Air Pollution From Architectural Coatings and Consumer Products

NJAC 7:27A-3.10 Civil Administrative Penalties for Violation of Rules Adopted Pursuant to the Act

Public Notice

Take notice that the New Jersey Department of Environmental Protection (Department) is proposing new rules and amendments of its rules at N.J.A.C. 7:27-23 and N.J.A.C. 7:27A-3.10, its rules relating to the prevention of air pollution from architectural coatings. The proposal also constitutes a proposed revision to the State's Ozone State Implementation Plan (SIP), and a copy was forwarded to the United States Environmental Protection Agency (USEPA). A statement of the substance of the proposal follows:

The Department has initiated efforts to adopt new rules and amendments to incorporate six regional air pollution control measures endorsed by the Ozone Transport Commission (OTC). These six measures were previously identified in the State's Ozone SIP to meet a USEPA identified ozone precursor emission reduction shortfall. This proposed rule for architectural coatings is one of the six measures. The goals of this rulemaking are: to reduce volatile organic compound (VOC) emissions to assist in the attainment of the one-hour ozone health standard; to demonstrate to the USEPA that New Jersey is meeting its obligation for the VOC emission reduction shortfall; and to adopt a regionally consistent rule.

Architectural coatings include, but are not limited to, paints, varnishes, stains, industrial maintenance coatings, and traffic coatings. An architectural coating is applied at the site of installation to stationary structures, rather than in a shop or factory where pollution control equipment may be installed. Most architectural coatings contain VOC's which evaporate when they are applied. The existing and proposed coating rules control emissions by establishing limits on the VOC content of the coatings.

The proposal is scheduled to be published in the New Jersey Register dated July 21, 2003. Copies of the Department's proposal are available from the Department's web site at www.state.nj.us/dep/aqm, the Department's Public Information Center at 401 E. State Street in Trenton, the Department's Regional Enforcement Offices, a number of public libraries throughout the State, and, for a fee, from Westlaw Publishing at 1-800-808-WEST. For more information on obtaining copies, please contact:

Ms.Diane Hutchings

NJDEP Air Quality Planning

401 E. State Street, 7th Floor

P.O. Box 418

Trenton, N.J. 08625-0418

phone: (609) 633-0530

fax: (609) 633-6198


A public hearing concerning the proposal is scheduled as follows:

Tuesday, September 9, 2003 at 10:00 a.m.

The War Memorial Building

West Lafayette Street (Corner of W. Lafayette and Barracks Streets)

Turning Point Conference Room

Trenton, New Jersey

Written comments may be submitted by close of business, September 19, 2003, to:

Alice Previte, Esq.

NJ Department of Environmental Protection

Office of Legal Affairs

P.O. Box 402

Trenton, New Jersey 08625-0402

Attn: DEP Docket # 13-03-06/248