DAR File No. 38583

Environmental Quality, Air Quality

Section R307-342-3

Exemptions

Notice of Proposed Rule

(Amendment)

DAR File No.: 38583
Filed: 06/05/2014 02:09:49 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

Some Department of Defense (DOD) specifications for adhesives and sealants may not meet the requirements in the existing rule. Because several sources throughout the state must use DOD military specifications for adhesive and sealants used in much of their products sold to the United States Armed Forces, an exemption for DOD contractors should be added to the rule.

Summary of the rule or change:

The proposed rule change exempts DOD contractors from the requirements of the rule.

State statutory or constitutional authorization for this rule:

• Subsection 19-2-104(1)(a)

Anticipated cost or savings to:

the state budget:

Because there are no changes that affect the state, there are no anticipated costs or savings to the state budget.

local governments:

Because there are no changes that affect local government, there are no anticipated costs or savings.

small businesses:

Small businesses that are DOD contractors might save a little by being exempt from the VOC content limit requirements of the rule; however, because products with lower VOC content are generally competitively priced, any savings would be minimal.

persons other than small businesses, businesses, or local governmental entities:

Because the proposed changes do not affect persons other than small businesses, businesses, or local government entities, there are no anticipated costs or savings.

Compliance costs for affected persons:

The proposed rule change is to add an exemption for DOD contractors. This could potentially create some savings for affected persons; however, because products with lower VOC content are competitively priced, those savings should be minimal.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule change is to add an exemption for DOD contractors. This could potentially create some savings for businesses; however, because products with lower VOC content are competitively priced, those savings should be minimal.

Amanda Smith, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Environmental Quality
Air QualityRoom Fourth Floor
195 N 1950 W
SALT LAKE CITY, UT 84116-3085

Direct questions regarding this rule to:

• Mark Berger at the above address, by phone at 801-536-4000, by FAX at 801-536-0085, or by Internet E-mail at mberger@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

07/31/2014

This rule may become effective on:

09/04/2014

Authorized by:

Bryce Bird, Director

R307. Environmental Quality, Air Quality.

R307-342. Adhesives and Sealants.

R307-342-3. Exemptions.

(1) The requirements of R307-342 do not apply to the following:

(a) Adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any research and development, quality assurance or analytical laboratory;

(b) Adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and exempt solvents, as applied;

(c) Cyanoacrylate adhesives;

(d) Adhesives, sealants, adhesive primers or sealant primers that are sold or supplied by the manufacturer or supplier in containers with a net volume of 16 fluid ounces or less or that have a net weight of one pound or less, except plastic cement welding adhesives and contact adhesives;

(e) Contact adhesives that are sold or supplied by the manufacturer or supplier in containers with a net volume of one gallon or less;

(f) Aerosol adhesives and primers dispensed from aerosol spray cans; or

(g) Polyester bonding putties to assemble fiberglass parts at fiberglass boat manufacturing facilities and at other reinforced plastic composite manufacturing facilities.

(2) The requirements of R307-342 do not apply to the use of adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents in the following operations:

(a) Tire repair operations, provided the label of the adhesive states "for tire repair only;"

(b) In the production, rework, repair, or maintenance of aerospace vehicles and components, and undersea-based weapon systems;

(c) In the manufacture of medical equipment;

(d) Operations that are exclusively covered by Department of Defense military technical [data]specifications and standards and performed by a Department of Defense contractor and/or on site at installations owned and/or operated by the United States Armed Forces.

(e) Plaque laminating operations in which adhesives are used to bond clear, polyester acetate laminate to wood with lamination equipment installed prior to July 1, 1992.

(3) The requirements of R307-342 do not apply to commercial and industrial operations if the total VOC emissions from all adhesives, sealants, adhesive primers and sealant primers used at the source are less than 200 pounds per calendar year.

(4) Adhesive products and sealant products shipped, supplied or sold exclusively outside of the areas specified in R307-342-2 are exempt from the requirements of this rule.

(5) R307-342 shall not apply to any adhesive, sealant, adhesive primer or sealant primer products manufactured for shipment and use outside of the counties specified R307-342-2 as long as the manufacturer or distributor can demonstrate both that the product is intended for shipment and use outside of the applicable counties and that the manufacturer or distributor has taken reasonable prudent precautions to assure that the product is not distributed to the applicable counties.

(6) R307-342 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 noncomplying adhesives, sealants, primers, cleanup and surface preparation solvents applied facility-wide does not exceed 55 gallons per rolling 12-month period.

(7) Commercial and industrial operations claiming exemption pursuant to R307-342-3 shall record and maintain operational records sufficient to demonstrate compliance.

 

KEY: air pollution, adhesives, sealants, primers

Date of Enactment or Last Substantive Amendment: [August 1, 2013]2014

Authorizing, and Implemented or Interpreted Law: 19-2-104(1)(a)