Sec. 228-2.2. Exemptions

(a) The requirements of this Subpart shall not apply to the use or sale of the following compounds:

(1) adhesives, sealants, adhesive primers or sealant primers being tested or evaluated in any research and development, quality assurance or analytical laboratory, provided that records are maintained as required in section 228-2.5 of this Subpart;

(2) adhesives, sealants, adhesive primers and sealant primers that are subject to Part 234, Part 235 or Subpart 228-1 of this Title;

(3) adhesives and sealants that contain less than 20 grams of VOC per liter of adhesive or sealant, less water and less exempt compounds, as applied;

(4) cyanoacrylate adhesives;

(5) except as provided in paragraph (2) of this subdivision, 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 a net weight of one pound or less, except plastic cement welding adhesives. If two or more containers are sold as a unit, the containers in such a unit shall total no more than 16 fluid ounces or one pound, as applicable, to qualify for this exemption; and

(6) except as provided in paragraph (2) of this subdivision, contact bond adhesives that are sold or supplied by the manufacturer or supplier in a container with a net volume of one gallon or less.

(b) The requirements of this Subpart shall not apply to the use of adhesives, sealants, adhesive primers, sealant primers, surface preparation and cleanup solvents in the following operations:

(1) tire repair operations, provided the label of the adhesive states “For tire repair only”;

(2) solvent welding operations used in the manufacture of medical devices; and

(3) 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. Any person claiming exemption pursuant to this subparagraph shall record and maintain monthly operational records sufficient to allow the department to verify eligibility for the exemption and in accordance with section 228-2.5(c) of this Subpart.

(c) The VOC content limits in section 228-2.4(a) of this Subpart shall not apply to the use of the identified categories of compounds at the following facilities:

(1) Where the total VOC emissions from all adhesives, sealants, adhesive primers and sealant primers used at the facility are less than 200 pounds, or an equivalent volume, per year (12-month rolling total). Emissions from cold cleaning units, vapor degreasers and aerosol products shall not be included in determining the total VOC emissions.

(2) Where the total volume of commercial or industrial adhesives, sealants, adhesive primers, sealant primers, cleanup solvent and surface preparation solvent used facility-wide does not exceed 55 gallons per year (12-month rolling total).

(3) Any facility claiming the “low usage exemption” as described in paragraphs (1) and (2) of this subdivision shall record and maintain monthly operational records sufficient to demonstrate compliance with this exemption and in accordance with section 228-2.5(c) of this Subpart. Facilities must have information available, such as product name and description, product VOC content, product monthly volume, purchase orders, material safety data sheets, work orders, or contracts for review by the department that would allow the department to verify eligibility for the exemption.

(d) Except as provided in section 228-2.4(c) of this Subpart, a manufacturer or distributor who sells, supplies or offers for sale in the State of New York any commercial or industrial adhesive, sealant, adhesive primer or sealant primer shall not be required to comply with the VOC content limits specified in section 228-2.4(a) of this Subpart, provided that such manufacturer or distributor makes and keeps records demonstrating:

(1) the commercial or industrial adhesive, sealant, adhesive primer or sealant primer is intended for shipment and use outside of the State of New York;

(2) the manufacturer or distributor has taken reasonable precautions to assure that the adhesive, sealant, adhesive primer or sealant primer is not distributed to or within the State of New York; and

(3) the commercial or industrial adhesive, sealant, adhesive primer or sealant primer is sold to a facility achieving compliance by using add-on air pollution control equipment pursuant to section 228-2.4(c) of this Subpart.

(e) The exemption in subdivision (d) of this section shall not apply to any commercial or industrial adhesive, sealant, adhesive primer or sealant primer that is sold, supplied or offered for sale by any person to a retail outlet in the State of New York.