Sec. 205.3. Standards

(a) VOC Content Limits.

Except as provided in subdivisions (b) through (h) of this section, no person shall:

(1) manufacture, blend or repackage for sale within the State of New York;

(2) supply, sell, or offer for sale within the State of New York; or

(3) solicit for application or apply within the department any architectural coating with a VOC content in excess of the corresponding limit specific in the table in this subdivision, after the specified effective date. Limits are expressed as VOC content, thinned to manufacturer's maximum thinning recommendation, excluding any colorant added to tint bases.

Coating Category	VOC Content Limit (grams per liter)	VOC Content Limit (grams per liter)
	Effective Until December 31, 2020	Effective January 1, 2021
Flat Coatings	100	50
Nonflat Coatings	150	100
Nonflat - High Gloss Coatings	250	150
Specialty Coatings
Aluminum Roof Coating	N/A	450
Antenna Coatings	530	N/A
Antifouling Coatings	400	N/A
Basement Specialty Coatings	N/A	400
Bituminous Roof Coatings	300	270
Bituminous Roof Primers	350	350
Bond Breakers	350	350
Calcimine Recoaters	475	475
Clear Wood Coatings
• Clear Brushing Lacquers	680	N/A
• Lacquers (including lacquer sanding sealers)	550	N/A
• Sanding Sealers (other than lacquer sanding sealers)	350	N/A
• Varnishes	350	N/A
Concrete Curing Compounds	350	350
Concrete/Masonry Sealer	N/A	100
Concrete Surface Retarders	780	780
Conjugated Oil Varnish	N/A	450
Conversion Varnish	725	725
Driveway Sealers	N/A	50
Dry Fog Coatings	400	150
Faux Finishing Coatings	350	350
Fire Resistive Coatings	350	350
Fire Retardant Coatings
• Clear	650	N/A
• Opaque	350	N/A
Floor Coatings	250	100
Flow Coatings	420	N/A
Form Release Compounds	250	250
Graphic Arts Coatings (Sign Paints)	500	500
High Temperature Coatings	420	420
Impacted Immersion Coatings	780	780
Industrial Maintenance Coatings	340	250
Low Solids Coatings	120	120
Magnesite Cement Coatings	450	450
Mastic Texture Coatings	300	100
Metallic Pigmented Coatings	500	500
Multi Color Coatings	250	250
Nuclear Coatings	450	450
Pre Treatment Wash Primers	420	420
Primers, Sealers, and Undercoaters	200	100
Quick Dry Enamels	250	N/A
Quick Dry Primers, Sealers and Undercoaters	200	N/A
Reactive Penetrating Sealer	N/A	350
Reactive Penetrating Carbonate Stone Sealer	N/A	500
Recycled Coatings	250	250
Roof Coatings	250	250
Rust Preventative Coatings	400	250
Shellacs
• Clear	730	730
• Opaque	550	550
Specialty Primers, Sealers, and Undercoaters	350	100
Stains	250	250
Stone Consolidant	N/A	450
Swimming Pool Coatings	340	340
Swimming Pool Repair and Maintenance Coatings	340	N/A
Temperature Indicator Safety Coatings	550	N/A
Thermoplastic Rubber Coatings and Mastics	550	550
Traffic Marking Coatings	150	100
Tub and Tile Refinish	N/A	420
Waterproofing Membranes	N/A	250
Waterproofing Sealers	250	N/A
Waterproofing Concrete/Masonry Sealers	400	N/A
Wood Coatings	N/A	275
Wood Preservatives	350	350
Zinc-Rich Primer	N/A	340

(b) Most restrictive VOC limit for products manufactured before January 1, 2021.

If anywhere on the container of any architectural coating, or any label sticker affixed to the container, or in any sales, advertising, or technical literature supplied by a manufacturer or anyone acting on the manufacturer's behalf, including retailers who sell under a private label, representation is made that the coating meets the definition of or is recommended for use or may be used for more than one of the coating categories listed in subdivision (a) of this section, then the most restrictive VOC content limit shall apply. This provision does not apply to the coating categories listed in paragraphs (1)-(21) of this subdivision:

(1) lacquer coatings (including lacquer sanding sealers);

(2) metallic pigmented coatings;

(3) shellacs;

(4) fire-retardant coatings;

(5) pretreatment wash primers;

(6) industrial maintenance coatings;

(7) low-solids coatings;

(8) wood preservatives;

(9) high temperature coatings;

(10) temperature-indicator safety coatings;

(11) antenna coatings;

(12) antifouling coatings;

(13) flow coatings;

(14) bituminous roof primers;

(15) thermoplastic rubber coatings and mastics;

(16) specialty primers, sealers, and undercoaters;

(17) calcimine recoaters;

(18) impacted immersion coatings;

(19) nuclear coatings;

(20) thermoplastic rubber coatings and mastic; and

(21) concrete surface retarders.

(c) Most restrictive VOC limit for products manufactured on or after January 1, 2021.

If a coating is recommended for use in more than one of the specialty coating categories listed in subdivision (a) of this section, the most restrictive (or lowest) VOC content limit shall apply. This requirement applies to usage recommendations that appear anywhere on the coating container, anywhere on 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. This provision does not apply to the coating categories listed in paragraphs (1)-(17) of this subdivision:

(1) aluminum roof coatings;

(2) bituminous roof primers;

(3) high temperature coatings;

(4) industrial maintenance coatings;

(5) low-solids coatings;

(6) metallic pigmented coatings;

(7) pretreatment wash primers;

(8) shellacs;

(9) specialty primers, sealers, and undercoaters;

(10) wood coatings;

(11) wood preservatives;

(12) zinc-rich primers;

(13) calcimine recoaters;

(14) impacted immersion coatings;

(15) nuclear coatings;

(16) thermoplastic rubber coatings and mastic;

(17) concrete surface retarders.

(d) Painting practices.

Any person who applies architectural coatings shall ensure that all containers used to apply the contents therein to a surface directly from the container by pouring, siphoning brushing or 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.

(e) Thinning.

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 subdivision (a) of this section.

(f) Rust preventive coatings.

No person shall apply or solicit the application of any rust preventive coating, manufactured before January 1, 2021, for industrial use, unless such a rust preventive coating complies with the industrial maintenance coating VOC limit specified in subdivision (a) of this section.

(g) Coatings not listed in subdivision (a) of this section.

For any coating that does not meet any of the definitions for the specialty coatings categories listed in subdivision (a) of this section, the VOC content limit shall be determined by classifying the coating as a flat coating, nonflat coating, or nonflat-high gloss coating as those terms are defined in section 205.2(ac), (at) and (au) of this Part and the corresponding flat or nonflat coating VOC limit in subdivision (a) of this section shall apply.

(h) Sell through of coatings.

A coating manufactured prior to the effective date specified for that coating in subdivision (a) of this section, may be sold, supplied, or offered for sale until May 1, 2023, so long as the coating complied with standards in effect at the time the coating was manufactured.