Adopted Part 205, Architectural and Industrial
Maintenance (AIM) Coatings Revised Express Terms
Section 205.1 Applicability.
(a) Except as provided in subdivision (b) of this section, this rule is applicable to any person who supplies,
sells, offers for sale, or manufacturers any architectural coating for use within the State of New York, as well
as any person who applies or solicits the application of any architectural coating within the State of New York.
(b) This rule does not apply to:
(1) any architectural coating that is supplied, sold , offered for sale or manufactured for use outside of the
State of New York or for shipment to other manufacturers for reformulation or repackaging;
(2) any aerosol coating product; and
[(3) any architectural coating that is sold in a container with a volume of one liter (1.057 quart) or less; and
(4) any asphalt pavement and asphalt based surface coating regulated under Part 241 of this Title.]
(3) any architectural coating that is sold in a container with a volume of one liter (1.057 quart) or less
including kits containing containers of different colors, types or categories of coatings and two component
products. This exemption includes multiple containers of one liter or less that are packaged and shipped
together with no intent or requirement to ultimately sell as one unit. This applicability exception does not
include:
(i) Bundling of containers one liter or less, which are sold together as a unit, or any type of marketing
which implies that multiple containers one liter or less be combined into one container;
(ii) Packaging from which the coating cannot be applied; or
(iii) Floor coatings.
Section 205.2 Definitions.
(a) 'Adhesive'. Any chemical substance that is applied for the purpose of bonding two surfaces together other
than by mechanical means.
(b) 'Aerosol coating product'. A pressurized coating product containing pigments or resins that dispenses
product ingredients by means of a propellant, and is packaged in a disposable can for hand-held application,
or for use in specialized equipment for ground traffic/marking applications.
(c) 'Aluminum roof coating'. A coating labeled and formulated exclusively for application to roofs and
containing at least 84 grams of elemental aluminum pigment per liter of coating (at least 0.7 pounds per
gallon). Pigment content shall be determined in accordance with South Coast Air Quality Management District
(SCAQMD) Method 318-95 (See Table 1, section 200.9 of this Title).
([c]d) 'Antenna coating'. A coating labeled and formulated exclusively for application to equipment and
associated structural appurtenances [tat] that are used to receive or transmit electromagnetic signals.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to theAdopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
1 of 24 1/21/2020, 1:04 PMVOC limit for industrial maintenance coatings.
([d]e) 'Antifouling coating'. A coating labeled and formulated for application to submerged stationary structures
and their appurtenances to prevent or reduce the attachment of marine or freshwater biological organisms. To
qualify as an antifouling coating, the coating must be registered with both the EPA under the Federal
Insecticide, Fungicide and Rodenticide Act (7 U.S.C. section 136 et. seq.)(see Table 1, section 200.9 of this
Title) and with the department pursuant to Part 326 of this Title.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for industrial maintenance coatings
([e]f) 'Appurtenance'. Any accessory to a stationary structure coated at the site of installation, whether
installed or detached, including but not limited to: bathroom and kitchen fixtures; cabinets; concrete forms;
doors; elevators; fences; hand railings; heating equipment, air conditioning equipment, and other fixed
mechanical equipment or stationary tools; lampposts; partitions; pipes and piping systems; rain gutters and
downspouts; stairways; fixed ladders; catwalks; fire escapes; and window screens.
([f]g) 'Architectural coating'. A coating to be applied to stationary structures and their appurtenances at the site
of installation, to portable buildings at the site of installation, to pavements, or to curbs. Coatings applied in
shop applications or to nonstationary structures such as airplanes, ships, boats, railcars, and automobiles,
[and] as well as adhesives, are not considered architectural coatings for the purposes of this rule.
(h) 'Basement specialty coatings'. For products manufactured on or after January 1, 2021, a clear or opaque
coating that is labeled and formulated for application to concrete and masonry surfaces to provide a
hydrostatic seal for basements and other below-grade surfaces. Basement specialty coatings must meet the
following criteria:
(1) Coating must be capable of withstanding at least 10 psi of hydrostatic pressure, as determined in
accordance with American Society for Testing and Materials (ASTM) ASTM D7088-04 (see Table 1, section
200.9 of this Title).
(2) Coating must be resistant to mold and mildew growth and must achieve a microbial growth rating of 8 or
more, as determined in accordance with ASTM D3273-16 and ASTM D3274-09 (2013) (see Table 1,
section 200.9 of this Title).
([g]i) 'Bitumens'. Black or brown materials including, but not limited to, asphalt, tar, pitch, and asphaltite that
are soluble in carbon disulfide, consist mainly of hydrocarbons, and are obtained from natural deposits or as
residues from the distillation of crude petroleum or coal.
([h]j) 'Bituminous roof coating'. A coating which incorporates bitumens that is labeled and formulated
exclusively for roofing[.] with the primary purpose of preventing water penetration.
([I]k) 'Bituminous roof primer'. A primer which incorporates bitumens that is labeled and formulated exclusively
for roofing[.] and intended for the purpose of preparing a weathered or aged surface or improving the adhesion
of subsequent surfacing components.
([j]l) 'Bond breaker'. A coating labeled and formulated for application between layers of concrete to prevent a
freshly poured top layer of concrete from bonding to the layer over which it is poured.
([k]m) 'Calcimine recoaters'. Flat solvent borne coatings formulated and recommended specifically for
recoating calcimine-painted ceilings and other calcimine-painted substrates.
([l]n) 'Clear brushing lacquers'. Clear wood finishes, excluding clear lacquer sanding sealers, formulated with
nitrocellulose or synthetic resins to dry by solvent evaporation without chemical reaction and to provide a
solid, protective film, which are intended exclusively for application by brush and which are labeled asAdopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
2 of 24 1/21/2020, 1:04 PMspecified in subdivision 205.4([e]g) of this Part.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for wood coatings.
([m]o) 'Clear wood coatings'. [clear] Clear and semi-transparent coatings, including lacquers and varnishes
applied to wood substrates to provide a transparent or translucent solid film.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for wood coatings.
([n]p) 'Coating'. A material applied onto or impregnated into a substrate for protective, decorative, or functional
purposes. Such materials include, but are not limited to, paints, varnishes, sealers, and stains.
([o]q) 'Colorant'. A concentrated pigment dispersion in water, solvent, and/or binder that is added to an
architectural coating after packaging in sale units to produce the desired color.
([p]r) 'Concrete curing compound'. A coating labeled and formulated for application to freshly poured concrete
to [retard the evaporation of water.] perform one or more of the following functions:
(1) retard the evaporation of water; or
(2) harden or dustproof the surface of freshly poured concrete.
(s) 'Concrete/Masonry Sealer'. A clear or opaque coating that is labeled and formulated primarily for
application to concrete and masonry surfaces to perform one or more of the following functions:
(1) prevent penetration of water; or
(2) provide resistance against abrasion, alkalis, acids, mildew, staining, or ultraviolet light; or
(3) harden or dustproof the surface of aged or cured concrete.
([q]t) 'Concrete surface retarders'. A mixture of retarding ingredients such as extender pigments, primary
pigments, resin, and solvent that interact chemically with the cement to prevent hardening on the surface
where the retarder is applied, allowing the retarded mix of cement and sand at the surface to be washed away
to create an exposed aggregate finish.
(u) 'Conjugated oil varnish'. A clear or semi-transparent wood coating, labeled as such, excluding lacquers or
shellacs, based on a natural occurring conjugated vegetable oil (Tung oil) and modified with other natural or
synthetic resins; a minimum of fifty percent of the resin solids consisting of conjugated oil. Supplied as a
single component product, conjugated oil varnishes penetrate and seal the wood. Film formation is due to
polymerization of the oil. These varnishes may contain small amounts of pigment to control the final gloss or
sheen.
([r]v) 'Conversion varnish'. A clear acid curing coating with an alkyd or other resin blended with amino resins
and supplied as a single component or two-component product. Conversion varnishes produce a hard,
durable, clear finish designed for professional application to wood flooring. This film formation is the result of
an acid-catalyzed condensation reaction, affecting a transetherification at the reactive ethers of the amino
resins.
(w) 'Driveway Sealer'. A coating labeled and formulated for application to worn asphalt driveway surfaces to
perform one or more of the following functions:
(1) fill cracks; or
(2) seal the surface to provide protection; orAdopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
3 of 24 1/21/2020, 1:04 PM(3) restore or preserve the appearance.
([s]x) 'Dry fog coating'. A coating labeled and formulated only for spray application such that overspray
droplets dry before subsequent contact with incidental surfaces in the vicinity of the surface coating activity.
([t]y) 'Exempt compound'. A compound identified under the definition of volatile organic compound (VOC),
section 200.1[(cf)] of this Title, as having negligible photochemical reactivity. Exempt compounds content of a
coating shall be determined by U.S. EPA Method 24, methods referenced in ASTM D3960-05 (2013), or
SCAQMD Method 303-91 (Revised August 1996) (see Table 1, section 200.9 of this Title).
([u]z) 'Faux finishing coating'. A coating labeled and formulated [as a stain or a glaze to create artistic effects
including, but not limited to, dirt, old age, smoke damage, and simulated marble and wood grain.] to meet one
or more of the following criteria:
(1) a glaze or textured coating used to create artistic effects including, but not limited to: dirt, suede, old
age, smoke damage, and simulated marble and wood grain; or
(2) a decorative coating used to create a metallic, iridescent, or pearlescent appearance that contains at
least 48 grams of pearlescent mica pigment or other iridescent pigment per liter of coating as applied (at
least 0.4 pounds per gallon); or
(3) a decorative coating used to create a metallic appearance that contains less than 48 grams of elemental
metallic pigment per liter of coating as applied (less than 0.4 pounds per gallon), when testing in
accordance with SCAQMD Method 318-95. (see Table 1, section 200.9 of this Title); or
(4) a decorative coating used to create a metallic appearance that contains greater than 48 grams of
elemental metallic pigment per liter of coating as applied (greater than 0.4 pounds per gallon) and which
requires a clear topcoat to prevent the degradation of the finish under normal use conditions. The metallic
pigment content shall be determined in accordance with SCAQMD Method 318-95 (see Table 1, section
200.9 of this Title); or
(5) a clear topcoat to seal and protect a faux finishing coating that meets requirements (1) - (4) above.
These clear topcoats must be sold and used solely as part of a faux finishing coating system and must be
labeled in accordance with subdivision 205.4(e).
([v]aa) 'Fire-resistive coating'. [An opaque] A coating labeled and formulated to protect the structural integrity
by increasing the fire endurance of interior or exterior steel and other structural materials[, that has been fire
tested and rated by a testing agency and approved by building code officials for use in bringing assemblies of
structural materials]. The fire-resistive category includes sprayed fire resistive materials and intumescent fire
resistive coatings that are used to bring structural materials into compliance with Federal, State, and local
building code requirements. [The fire-resistive coating and the testing agency must be approved by building
code officials.] The fire-resistive coating and testing agency must be approved by building code officials. The
fire-resistive coating shall be tested in accordance with [American Society for Testing and Materials (ASTM)]
ASTM [Designation] E119-[00a] 16a (see Table 1, section 200.9 of this Title).
([w]ab) 'Fire-retardant coating'. A coating labeled and formulated to retard ignition and flame spread, that has
been tested and rated by a testing agency approved by building code officials for use in bringing building and
construction materials into compliance with Federal, State, and local building code requirements. The fire-
retardant coating and the testing agency must be approved by building code officials. The fire-retardant
coating shall be tested in accordance with ASTM [Designation] E 84-[01] 16 (see Table 1, section 200.9 of this
Title).
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for industrial maintenance coatings.Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
4 of 24 1/21/2020, 1:04 PM([x]ac) 'Flat coating'. A coating that is not defined under any other definition in this rule and that registers gloss
less than 15 on an 85-degree meter or less than five on a 60-degree meter according to ASTM [Designation]
D523-[89 (1999)] 14 (see Table 1, section 200.9 of this Title).
([y]ad) 'Floor coating'. An opaque coating that is labeled and formulated for application to flooring, including,
but not limited to, decks, porches, steps, garage floors, and other horizontal surfaces which may be subjected
to foot traffic.
([z]ae) 'Flow coating'. A coating labeled and formulated exclusively for use to maintain the protective coating
systems present on utility transformer units.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for industrial maintenance coatings.
([aa]af) 'Form-release compound'. A coating labeled and formulated for application to a concrete form to
prevent the freshly poured concrete from bonding to the form. The form may consist of wood, metal or some
material other than concrete.
([ab]ag) 'Graphic arts coating or sign paint'. A coating labeled and formulated for hand-application using
brush, airbrush or roller techniques to indoor and outdoor signs (excluding structural components) and murals
including letter enamels, poster colors, copy blockers, and bulletin enamels.
([ac]ah) 'High temperature coating'. A high performance coating labeled and formulated for application to
substrates exposed continuously or intermittently to temperatures above 204°C (400°F).
([ad]ai) 'Impacted immersion coating'. A high performance maintenance coating formulated and
recommended for application to steel structures subject to immersion in turbulent, debris-laden water. These
coatings are specifically resistant to high-energy impact damage by floating ice or debris.
([ae]aj) 'Industrial maintenance coating'. A high performance architectural coating, including primers, sealers,
undercoaters, intermediate coats, and topcoats, formulated for application to substrates , including floors,
exposed to one or more of the following extreme environmental conditions listed in paragraphs (1)-(5) of this
subdivision and labeled as specified in [section] subdivision 205.4([d] f) of this Part:
(1) immersion in water, wastewater, or chemical solutions (aqueous and non-aqueous solutions), or chronic
exposures of interior surfaces to moisture condensation; or
(2) acute or chronic exposure to corrosive, caustic or acidic agents, or to chemicals, chemical fumes, or
chemical mixtures or solutions; or
(3) [repeated exposure to temperatures above 121°C (250°F);] frequent exposure to temperatures above
121°C (250°F); or
(4) [repeated (frequent)] frequent heavy abrasion, including mechanical wear and [repeated (frequent)]
frequent scrubbing with industrial solvents, cleansers, or scouring agents; or
(5) exterior exposure of metal structures and structural components.
([af]ak) 'Lacquer'. A clear or opaque wood coating, including clear lacquer sanding sealers, formulated with
cellulosic or synthetic resins to dry by evaporation without chemical reaction and to provide a solid, protective
film.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for wood coatings.
([ag]al) 'Low solids coating'. A coating containing 0.12 kilogram or less of solids per liter (one pound or less ofAdopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
5 of 24 1/21/2020, 1:04 PMsolids per gallon) of coating material[.] as recommended for application by the manufacturer. The VOC
content for low solids coatings shall be calculated as defined in paragraph 205.6(b)(2).
([ah]am) 'Magnesite cement coating'. A coating labeled and formulated for application to magnesite cement
decking to protect the magnesite cement substrate from erosion by water.
([ai]an) 'Manufacturer's formulation data'. Data on a material (such as a coating) that are supplied by the
materials manufacturer based on the manufacturer's knowledge of the ingredients used to manufacture that
material, rather than an EPA reference test method. Manufacturer's formulation data may include but are not
limited to information on density, VOC content, and coating solids content.
(ao) 'Manufacturer's maximum thinning recommendation'. The maximum recommendation for thinning that is
indicated on the label or lid of the coating container.
([aj ap) 'Mastic texture coating'. A coating labeled and formulated to cover holes and minor cracks and
conceal surface irregularities, which is applied in a single coat of at least 10 mils ( at least 0.010 inch) dry film
thickness.
(aq) 'Medium density fiberboard'. A composite wood product, panel, molding, or other building material
composed of cellulosic fibers (usually wood) made by dry forming and pressing of resonated fiber mat.
([ak]ar) 'Metallic pigmented coating'. A coating that is labeled and formulated to provide a metallic
appearance. Metallic pigmented coatings must contain [containing] at least 48 grams of elemental metallic
pigment (excluding zinc) per liter of coating as applied ( at least 0.4 pounds per gallon), when tested in
accordance with [South Coast Air Quality Management District Method] SCAQMD 318-95 (see Table 1,
section 200.9 of this Title).
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for Industrial Maintenance Coatings or other applicable category as set forth in subdivision
205.3(a).
([al]as) 'Multi-color coating'. A coating that is packaged in a single container and that is labeled and
formulated to [exhibits] exhibit more than one color when applied in a single coat.
([am]at) 'Nonflat coating'. A coating that is not defined under any other definition in this rule and registers a
gloss of 15 or greater on an 85-degree meter and five or greater on a 60-degree meter according to ASTM
[Designation] D523-[89 (1999)] 14 (see Table 1, section 200.9 of this Title).
([an]au) 'Nonflat - high gloss coating'. A nonflat coating that registers a gloss of 70 or [above] greater on a 60-
degree meter according to ASTM [Designation] D523-[89 (1999)] 14 (see Table 1, section 200.9 of this Title).
[(ao) 'Nonindustrial use'. Nonindustrial use means any use of architectural coatings except in the construction
or maintenance of any of the following: facilities used in the manufacturing of goods and commodities;
transportation infrastructure, including highways, bridges, airports and railroads; facilities used in mining
activities, including petroleum extraction; and utilities infrastructure, including power generation and
distribution, and water treatment and distribution systems.]
([ap]av) 'Nuclear coating'. A protective coating formulated and recommended to seal porous surfaces such as
steel (or concrete) that otherwise would be subject to intrusion by radioactive materials. These coatings must
be resistant to long-term (service life) cumulative radiation exposure (ASTM [Method] D4082-[02] 10, see
Table 1, section 200.9 of this Title), relatively easy to decontaminate, and resistant to various chemicals to
which the coatings are likely to be exposed ASTM [Method] D3912-[95 (2001)] 10 (see Table 1, section 200.9
of this Title).
(aw) 'Particleboard'. A composite wood product panel, molding, or other building material composed ofAdopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
6 of 24 1/21/2020, 1:04 PMcellulosic material (usually wood) in the form of discrete particles, as distinguished from fibers, flakes, or
strands, which are pressed together with resin.
(ax) 'Pearlescent'. Exhibiting various colors depending on the angles of illumination and viewing, as observed
in mother-of-pearl.
(ay) 'Plywood'. A panel product consisting of layers of wood veneers or composite core pressed together with
resin. Plywood includes panel products made by either hot or cold pressing (with resin) veneers to a platform.
([aq]az) 'Post-consumer coating'. [A finished coating that would have been disposed of in a landfill, having
completed its usefulness to a consumer, and does not include manufacturing wastes.] Finished coatings
generated by a business or consumer that have served their intended end uses and are recovered from or
otherwise diverted from the waste stream for the purpose of recycling.
([ar]ba) 'Pre-treatment wash primer'. A primer that contains a minimum of 0.5 percent acid, by weight, when
tested in accordance with ASTM [Designation] D1613-[96 (1999)] 06(2012) (see Table 1, section 200.9 of this
Title), that is labeled and formulated for application directly to bare metal surfaces to provide corrosion
resistance and to promote adhesion of subsequent topcoats.
([as]bb) 'Primer'. A coating labeled and formulated for application to a substrate to provide a firm bond
between the substrate and subsequent coats.
(bc) 'Primer, sealer, and undercoater'. A coating labeled and formulated for one or more of the following
purposes:
(1) to provide a firm bond between the substrate and the subsequent coatings; or
(2) to prevent subsequent coatings from being absorbed by the substrate; or
(3) to prevent harm to subsequent coatings by materials in the substrate; or
(4) to provide a smooth surface for the subsequent application of coatings; or
(5) to provide a clear finish coat to seal the substrate; or
(6) to block materials from penetrating into or leaching out of a substrate.
([at]bd) 'Quick-dry enamel'. A nonflat coating that is labeled as specified in [section] subdivision 205.4([h] k) of
this Part and that is formulated to have the following characteristics:
(1) [is]capable of being applied directly from the container under normal conditions with ambient
temperatures between 16 and 27°C (60 and 80°F);
(2) when tested in accordance with ASTM[Designation] [D1640-95 (1999)] D1640/1640M-14 (see Table 1,
section 200.9 of this Title), sets to touch in two hours or less, is tack free in four hours or less, and dries
hard in eight hours or less by the mechanical test method; and
(3) has a dried film gloss of 70 or above on a 60-degree meter.
(4) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for flat, nonflat or nonflat-high gloss.
([au]be) 'Quick-dry primer sealer and undercoater'. A primer sealer or undercoater that is dry to the touch in
30 minutes and can be relocated in two hours when tested in accordance with ASTM [Designation D1640-95
(1999)] D1640/1640M-14 (see Table 1, section 200.9 of this Title).
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for specialty primers, sealers and undercoaters.Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
7 of 24 1/21/2020, 1:04 PM(bf) 'Reactive penetrating sealer'. A clear or pigmented coating labeled and formulated for application to
above-grade concrete and masonry substrates to provide protection from water and waterborne
contaminants, including but not limited to, alkalis, acids, and salts. Reactive penetrating sealers must
penetrate into concrete and masonry substrates and chemically react to form covalent bonds with naturally
occurring minerals in the substrate. Reactive penetrating sealers line the pores of concrete and masonry
substrates with a hydrophobic coating, but do not form a surface film. Reactive penetrating sealers must meet
all the following criteria:
(1) The reactive penetrating sealer must improve water repellency at least 80 percent after application on a
concrete or masonry substrate. This performance must be verified on standardized test specimens, in
accordance with one or more of the following standards: ASTM C67-14, or ASTM C97/C967M-15 or ASTM
C140/C140M-16 (see Table 1, section 200.9 of this Title); and
(2) The reactive penetrating sealer must not reduce the water vapor transmission rate by more than 2
percent after application on a concrete or masonry substrate. This performance must be verified on
standardized test specimens, in accordance with ASTM E96M-16 (see Table 1, section 200.9 of this Title);
and
(3) Products labeled and formulated for vehicular traffic surface chloride screening applications must meet
the performance criteria listed in the National Cooperative Highway Research Report 244 (1981). (see
Table 1, section 200.9 of this Title).
(4) Reactive penetrating sealers must be labeled as such, in accordance with the labeling requirements in
subdivision 205.4(l).
(bg) 'Reactive penetrating carbonate stone sealer'. A clear or pigmented coating labeled and formulated for
application to above-grade carbonate stone substrates to provide protection from water and waterborne
contaminants, including but not limited to, alkalis, acids, and salts. Reactive penetrating carbonate stone
sealers must penetrate into carbonate stone substrates and chemically react to form covalent bonds with
naturally occurring minerals in the substrate. Reactive penetrating carbonate stone sealers line the pores of
carbonate stone substrates with a hydrophobic coating, but do not form a surface film. Reactive penetrating
carbonate stone sealers must meet all the following criteria:
(1) The reactive penetrating carbonate stone sealer must improve water repellency at least 80 percent after
application on a carbonate stone substrate. This performance must be verified on standardized test
specimens, in accordance with one or more of the following standards: ASTM C67-14 or ASTM
C97/C967M-15, or ASTM C140/C140M-16 (see Table 1, section 200.9 of this Title); and
(2) The reactive penetrating carbonate stone sealer must not reduce the water vapor transmission rate by
more than 10 percent after application on a carbonate stone substrate. This performance must be verified
on standardized test specimens, in accordance with ASTM E96M- 16. (see Table 1, section 200.9 of this
Title).
(3) Reactive penetrating carbonate stone sealers must be labeled as such, in accordance with the labeling
requirements in subdivision 205.4(m).
([av]bh) 'Recycled coating'. An architectural coating formulated such that [not less than 50 percent of the
weight consists of secondary and post-consumer coating, with not less than 10 percent of the total weight
consisting of post-consumer coating.] it contains a minimum of 50% by volume post-consumer coating, with a
maximum of 50% by volume secondary industrial materials or virgin materials.
([aw]bi) ['Residence'] 'Residential'. Areas where people reside or lodge, including, but not limited to, single-
and multiple-family dwellings, condominiums, mobile homes, apartment complexes, motels and hotels.
([ax]bj) 'Responsible official'. A president, vice president, secretary, treasurer, general partner, proprietor,Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
8 of 24 1/21/2020, 1:04 PMprincipal executive officer, ranking elected official, or any other person who performs policy or decision making
functions and is authorized to legally bind a corporation, partnership, sole proprietorship, or government entity
which operates a facility that is subject to the provisions of this Part. Whenever the term 'responsible official' is
used in this Part or in any other regulations implementing title V of the act, it shall be deemed to refer to the
"designated representative" with regard to all matters under title IV of the act.
([ay]bk) 'Roof coating'. A non-bituminous coating labeled and formulated [exclusively] for application to roofs
for the primary purpose of preventing water penetration, [of the substrate by water or] reflecting [heat and]
ultraviolet light, or reflecting solar radiation. [Metallic pigmented roof coatings which qualify as metallic
pigmented coatings shall not be considered in this category, but shall be considered to be in the metallic
pigmented coatings category.]
([az]bl) 'Rust preventive coating'. A coating formulated [exclusively for nonindustrial use] to prevent the
corrosion of metal surfaces for one or more of the following applications: [and labeled as specified in section
205.4(f) of this Part.]
(1) direct-to-metal coating; or
(2) coating intended for application over rusty, previously coated surfaces.
(3) The rust preventative coating category does not include the following:
(i) coatings that are required to be applied as a topcoat over a primer; or
(ii) coatings that are intended for use on wood or any other nonmetallic surface.
(4) Rust Preventative coatings are for metal substrates only and must be labeled as such, in accordance
with the labeling requirements in subsection 205.4 (i).
([ba]bm) 'Sanding sealer'. A clear or semi-transparent wood coating labeled and formulated for application to
bare wood to seal the wood and to provide a coat that can be abraded to create a smooth surface for
subsequent applications of coatings. A sanding sealer that also meets the definition of a lacquer is not
included in this category, but it is included in the lacquer category.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for wood coatings.
([bb]bn) 'Sealer'. A coating labeled and formulated for application to a substrate for one or more of the
following purposes: to prevent subsequent coatings from being absorbed by the substrate, or to prevent harm
to subsequent coatings by materials in the substrate.
([bc]bo) 'Secondary' ['coating (rework)']' industrial materials'. [A fragment of a finished coating or a finished
coating from a manufacturing process that has converted resources into a commodity of real economic value,
but does not include excess virgin resources of the manufacturing process.] Products or by-products of the
paint manufacturing process that are of known composition and have economic value but can no longer be
used for their intended use.
(bp) 'Semitransparent coating'. A coating that contains binders and colored pigments and formulated to
change the color of the surface, but not conceal the grain pattern or texture.
([bd]bq) 'Shellac'. A clear or opaque coating formulated solely with the resinous secretions of the lac beetle
(Laciffer lacca ), [thinned with alcohol] and formulated to dry by evaporation without a chemical reaction.
([be]br) 'Shop application'. Application of a coating to a product or a component of a product in or on the
premises of a factory or a shop as part of a manufacturing, production, or repairing process (e.g., original
equipment manufacturing coatings).Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
9 of 24 1/21/2020, 1:04 PM[(bf) 'Small AIM coatings manufacturer'. A manufacturer (including all subsidiaries of the manufacturer and
any parent company of the manufacturer and all of its subsidiaries) of architectural and industrial maintenance
(AIM) coatings that manufactures (regardless of location) an amount of less than 3,000,000 gallons per year
of any and all of the coatings listed in section 205.3(a) of this Part regardless of whether for sale in New York
State or elsewhere. This amount includes coatings produced by the manufacturer and sold under another
label, but does not include coatings produced by another entity and sold under the small manufacturer's
label].
([bg]bs) 'Solicit'. To require for use or to specify by written or oral contract.
([bh]bt) 'Specialty primer, sealer and undercoater'.
(1) For products manufactured before January 1, 2021, [A] a coating labeled as specified in
[section]subdivision 205.4([g]j) of this Part and that is formulated for application to a substrate to seal fire,
smoke or water damage, to condition excessively chalky surfaces, or to block stains. An excessively chalky
surface is one that is defined as having a chalk rating of four or less as determined by ASTM [Designation]
D4214-[98] 07(2015) (see Table 1, section 200.9 of this Title).
(2) For products manufactured on or after January 1, 2021, a coating that is formulated for application to a
substrate to block water-soluble stains resulting from fire damage, smoke damage, or water damage.
Specialty primers, sealers, and undercoaters must be labeled in accordance with subdivision 205.4(i).
([bi]bu) 'Stain'. A [clear] semi-transparent or opaque coating labeled and formulated to change the color of a
surface but not conceal the grain pattern or texture.
(bv) 'Stone consolidant'. For products manufactured on or after January 1, 2021, a coating that is labeled and
formulated for application to stone substrates to repair historical structures that have been damaged by
weathering or other decay mechanisms. Stone consolidants must penetrate into stone substrates to create
bonds between particles and consolidate deteriorated material. Stone consolidants must be specified and
used in accordance with ASTM E2167-01(2008). (see Table 1, section 200.9 of this Title). Stone consolidants
are for professional use only and must be labeled as such in accordance with the labeling requirements in
subdivision 205.4(n).
([bj]bw) 'Swimming pool coating'. A coating labeled and formulated to coat the interior of swimming pools and
to resist swimming pool chemicals.
(1) For products manufactured on or after January 1, 2021, swimming pool coatings include coatings used
for swimming pool repair and maintenance.
([bk]bx) 'Swimming pool repair and maintenance coating'. A rubber based coating labeled and formulated to
be used over existing rubber based coatings for the repair and maintenance of swimming pools.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for swimming pool coatings.
([bl]by) 'Temperature-indicator safety coating'. A coating labeled and formulated as a color-changing indicator
coating for the purpose of monitoring the temperature and safety of the substrate, underlying piping, or
underlying equipment, and for application to substrates exposed continuously or intermittently to temperatures
above 204°C (400°F).
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for industrial maintenance coatings.
([bm]bz) 'Thermoplastic rubber coating and mastic'. A coating or mastic formulated and recommended for
application to roofing or other structural surfaces and that incorporates no less than 40 percent by weight ofAdopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
10 of 24 1/21/2020, 1:04 PMthermoplastic rubbers in the total resin solids and may also contain other ingredients including, but not limited
to, fillers, pigments, and modifying resins.
([bn]ca) 'Tint base'. An architectural coating to which coloring is added after packaging in sale units to produce
a desired color.
([bo]cb) 'Traffic marking coating'. A coating labeled and formulated for marking and striping streets, highways,
or other traffic surfaces including, but not limited to, curbs, berms, driveways, parking lots, sidewalks and
airport runways.
(cc) 'Tub and tile refinish coating'. For products manufactured on or after January 1, 2021, a clear or opaque
coating that is labeled and formulated exclusively for refinishing the surface of a bathtub, shower, sink, or
countertop. Tub and tile refinish coatings must meet all of the following criteria:
(1) The coating must have a scratch hardness of 3H or harder and a gouge hardness of 4H or harder. This
must be determined on bonderite 1000, in accordance with ASTM D3363-05 (2011). (see Table 1, section
200.9 of this Title);
(2) The coating must have a weight loss of 20 milligrams or less after 1000 cycles. This must be determined
with CD-17 wheels on bonderite 1000, in accordance with ASTM D4060-14. (see Table 1, section 200.9 of
this Title);
(3) The coating must withstand 1000 hours or more of exposure with few or no #8 blisters. This must be
determined on unscribed bonderite, in accordance with ASTM D4585-13, and ASTM D714-02 (2009). (see
Table 1, section 200.9 of this Title); and,
(4) The coating must have an adhesion rating of 4B or better after 24 hours of recovery. This must be
determined on unscribed bonderite, in accordance with ASTM D4585-13 and ASTM D3359-09e2. (see
Table 1, section 200.9 of this Title).
[(bp) 'Undercoater'. A coating labeled and formulated to provide a smooth surface for subsequent coatings.]
([bq]cd) 'Varnish'. A clear or semi-transparent wood coating, excluding lacquers and shellacs, formulated to
dry by chemical reaction on exposure to air. Varnishes may contain small amounts of pigment to color a
surface, or to control the final sheen or gloss of the finish.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for wood coatings.
(ce) 'Veneer'. Thin sheets of wood peeled or sliced from logs for use in the manufacture of wood products
such as plywood, laminated veneer lumber, or other products.
(cf) 'Virgin materials'. Materials that contain no post-consumer coatings or secondary industrial coatings.
([br]cg) 'VOC content'. The weight of VOC per volume of coating, calculated according to the procedures
specified in subdivision 205.6 of this Part. VOC content is VOC regulatory, as defined in subdivision 205.2(ch)
and calculated according to the procedures specified in subdivision 205.6(b), for all coatings except those in
the low solids category. For coatings in the low solids category, the VOC content is VOC (ls), as calculated in
paragraph 205.6(b)(2). If the coating is a multi-component product, the VOC content is VOC regulatory as
mixed or catalyzed. If the coating contains silanes, siloxanes, or other ingredients that generate ethanol or
other VOCs during the curing process, the VOC content must include the VOCs emitted during curing. VOC
content must include maximum amount of thinning solvent recommended by the manufacturer.
(ch) 'VOC regulatory'. VOC regulatory is the weight of VOC per volume of coating, less the volume of water
and exempt compounds.Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
11 of 24 1/21/2020, 1:04 PM([bs]ci) 'Waterproofing sealer'. A coating labeled and formulated for application to a porous substrate for the
primary purpose of preventing the penetration of water.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for concrete/masonry sealers.
([bt]cj) 'Waterproofing concrete/masonry sealer'. A clear or pigmented film-forming coating that is labeled and
formulated for sealing concrete and masonry to provide resistance against water, alkalis, acids, ultraviolet
light, and staining.
(1) For products manufactured on and after January 1, 2021, this coating category will be subject to the
VOC limit for concrete/masonry sealers.
(ck) 'Waterproofing membrane'. For products manufactured on or after January 1, 2021, a clear or opaque
coating labeled and formulated for application to concrete and masonry surfaces to provide a seamless
waterproofing membrane that prevents any penetration of liquid water into the substrate. Waterproofing
membranes are intended for the following waterproofing applications: below-grade surfaces, between
concrete slabs, inside tunnels, inside concrete planters, and under flooring materials. Waterproofing
membranes must meet the following criteria:
(1) coating must be applied in a single coat of at least 25 mils (at least 0.025 inch) dry film thickness; and
(2) coatings must meet or exceed the requirements contained in ASTM C836M-15. (see Table 1, section
200.9 of this Title).
(3) The waterproofing membrane category does not include topcoats that are included in the
concrete/masonry sealer category (e.g., parking deck topcoats, pedestrian deck topcoats, etc.).
(cl) 'Wood coatings'. For products manufactured on or after January 1, 2021, coatings labeled and formulated
for application to wood substrates only. The wood coatings category includes the following clear and
semitransparent coatings: lacquers; varnishes; sanding sealers; penetrating oils; clear stains; wood
conditioners used as undercoats; and wood sealers used as topcoats. The wood coatings category also
includes the following opaque wood coatings; opaque lacquers; opaque sanding sealers; and opaque lacquer
undercoaters. The wood coatings category does not include the following: clear sealers that are labeled and
formulated for use on concrete/masonry surfaces; or coatings intended for substrates other than wood. Wood
coatings must be labeled "For Wood Substrates Only", in accordance with subdivision 205.4(o).
([bu]cm) 'Wood preservative'. A coating labeled and formulated to protect exposed wood from decay or insect
attack, that is registered under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. section 136,
et. seq.) (see Table 1, section 200.9 of this Title) and with Part 326 of this Title.
(cn) 'Wood substrate'. A substrate made of wood, particleboard, plywood, medium density fiberboard, rattan,
wicker, bamboo, or composite products with exposed wood grain. Wood products do not include items
comprised of simulated wood.
(co) 'Zinc-rich primer'. For products manufactured on or after January 1, 2021, a coating that meets all of the
following specifications:
(1) coating contains at least 65 percent metallic zinc powder or zinc dust by weight of total solids;
(2) coating is formulated for application to metal substrates to provide a firm bond between the substrate
and subsequent applications of coatings; and,
(3) coating is intended for professional use only and labeled as such, in accordance with the labeling
requirements in subdivision 205.4 (o) of this part.Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
12 of 24 1/21/2020, 1:04 PMSection 205.3 Standards.
Subdivision 205.3(a) is deleted and a new subdivision 205.3(a) is added.
[(a) VOC content limits . Except as provided in subdivisions (b) and (g) of this section, no person shall
manufacture, blend, or repackage for sale within the State of New York, supply, sell, or offer for sale within the
State of New York or solicit for application or apply within the State of New York any architectural coating
manufactured on or after January 1, 2005 which contains volatile organic compounds in excess of the limits
specified in the following Table of Standards. Limits are expressed in grams of VOC per liter of coating
thinned to the manufacturer's maximum recommendation, excluding the volume of any water, exempt
compounds, or colorant added to tint bases. Manufacturer's maximum recommendation  means the maximum
recommendation for thinning that is indicated on the label or lid of the coating container.
Table of Standards - VOC Content Limits For Architectural Coatings
Coating category VOC content limit
(grams per liter)
Flat coatings 100
Nonflat coatings 150
Nonflat - high gloss coatings 250
Antenna coatings 530
Antifouling coatings 400
Bituminous roof coatings 300
Bituminous roof primers 350
Bond breakers 350
Calcimine recoaters 475
Clear wood coatings
Clear brushing lacquers
Lacquers (including lacquer sanding sealers)
Sanding sealers (other than lacquer sanding sealers)
Varnishes Conversion varnishes680
550
350
350
725
Concrete curing compounds 350
Concrete surface retarders 780
Dry fog coatings 400
Faux finishing coatings 350
Fire resistive coatings 350
Fire-retardant coatings
Clear
Opaque650
350
Floor coatings 250
Flow coatings 420
Form-release compounds 250
Graphic arts coatings (sign paints) 500
High temperature coatings 420
Impacted immersion coatings 780Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
13 of 24 1/21/2020, 1:04 PMIndustrial 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
Pre-treatment 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 preventive coatings 400
Shellacs:
Clear
Opaque730
550
Specialty primers, sealers, and undercoaters 350
Stains 250
Swimming pool coatings and swimming pool repair and maintenance coatings 340
Temperature-indicator safety coatings 550
Thermoplastic rubber coatings and mastics 550
Traffic marking coatings 150
Waterproofing sealers 250
Waterproofing concrete/masonry sealers 400
Wood preservatives 350]
(a) 'VOC Content Limits'. Except as provided in subsections (b) through (h), 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)
Effective Until
December 31, 2020VOC Content Limit
(grams per liter)
Effective
January 1, 2021
Flat Coatings 100 50
Nonflat Coatings 150 100
Nonflat - High Gloss Coatings 250 150Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
14 of 24 1/21/2020, 1:04 PM'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
Lacquers (including lacquer sanding sealers)
Sanding Sealers (other than lacquer sanding sealers)
o Varnishes680
550
350
350N/A
N/A
N/A
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'
o Clear
o Opaque650
350N/A
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 100Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
15 of 24 1/21/2020, 1:04 PMQuick 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
Opaque730
550730
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 below in paragraphs (1)-[(19)] (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;Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
16 of 24 1/21/2020, 1:04 PM(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; [and]
(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 205.3(a), 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 below 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 coatingsAdopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
17 of 24 1/21/2020, 1:04 PM(15) nuclear coatings
(16) thermoplastic rubber coatings and mastic
(17) concrete surface retarders
([c]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.
([d]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.
([e]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.
([f]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 subdivisions 205.2([x]ac), ([am]at) and ([an]au) of this Part and the
corresponding flat or nonflat coating [limit shall apply.] VOC limit in subdivision 205.3(a) shall apply.
([g]h) 'Sell through of coatings'. A coating manufactured prior [to January 1, 2005, or previously granted an
exemption pursuant to section 205.7 of this Part,] to the effective date specified for that coating in subdivision
205.3(a), may be sold, supplied, or offered for sale until [May 15, 2007] May 1, 2023, so long as the coating
complied with standards in effect at the time the coating was manufactured.
Section 205.4 Container labeling requirements.
(a) Each manufacturer of any architectural coatings subject to this rule manufactured on or after January 1,
2005 shall display the information listed in paragraphs (1) - (3) [subdivisions (a)-(c)] of this
[section]subdivision on the coating container (or label affixed there to) in which the coating is sold or
distributed.
([a]1) 'Date code'. The date the coating was manufactured, or a date code representing the date, shall be
indicated on the label, lid, or bottom of the container. If the manufacturer uses a date code for any coating,
the manufacturer shall file an explanation of each code with the director, Division of Air Resources,
Department of Environmental Conservation [by January 1, 2005 or] within 90 days of making the product
available for sale in New York State.
([b]2) 'Thinning recommendations'. A statement of the manufacturer's recommendation regarding thinning
of the coating shall be indicated on the label or lid of the container. This requirement does not apply to the
thinning of architectural coatings with water. If thinning of the coating prior to use is not necessary, the
recommendation must specify that the coating is to be applied without thinning.
([c]3) 'VOC content'.
(b) For products manufactured before January 1, 2021: Each container of any coating subject to this rule shall
display either the maximum or the actual VOC content of the coating, as supplied, including the maximum
thinning as recommended by the manufacturer. VOC content shall be displayed in grams of VOC per liter of
coating. VOC content displayed shall be calculated using manufacturer's formulation data or shall beAdopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
18 of 24 1/21/2020, 1:04 PMdetermined using the test methods in [section] subdivision 205.6([b] c) of this Part. The equations in
[section]subdivision 205.6([a] b) of this Part shall be used to calculate VOC content.
(c) For products manufactured on or after January 1, 2021: Each container of any coating subject to this part
shall display one of the following values in grams of VOC per liter coating:
(1) Maximum VOC content as determined from all potential product formulations; or
(2) VOC content as determined from actual formulation data; or
(3) VOC content as determined using the test methods in subdivision 205.6(c).
(d) If the manufacturer does not recommend thinning, the container must display the VOC content, as
supplied. If the manufacturer recommends thinning, the container must display the VOC content including the
maximum amount of thinning solvent recommended by the manufacturer. If the coating is a multi-component
product, the container must display the VOC content as mixed or catalyzed. If the coating contains silanes,
siloxanes, or other ingredient that general ethanol or other VOCs during the curing process, the VOC content
must include the VOCs emitted during curing. VOC content shall be determined as defined by the equations
in section 205.6.
(e) 'Faux finishing coatings'. For products manufactured on or after January 1, 2021, the labels of all clear
topcoat Faux finishing coatings shall prominently display the statement "This product can only be sold or used
as part of a Faux finishing coating system."
([d]f) 'Industrial maintenance coatings'. [In addition to the information specified in subdivisions (a)-(c) of this
section, each manufacturer of any industrial maintenance coating subject to this rule shall display on the label
or the lid of the container in which the coating is sold or distributed one or more of the descriptions listed
below in paragraphs (1)-(3) of this subdivision.] The labels of all industrial maintenance coatings shall
prominently display at least one of the following statements:
(1) "For industrial use only."
(2) "For professional use only."
(3) "Not for residential use" or "Not intended for residential use."
([e]g) 'Clear brushing lacquers'. The labels of all clear brushing lacquers manufactured before January 1,
2021 shall prominently display the statements "For brush application only," and "This product must not be
thinned or sprayed."
([I]h) 'Non-flat high-gloss coatings'. The labels of all non-flat high-gloss coatings shall prominently display the
words "High gloss."
([f]i) 'Rust preventive coatings'. The labels of all rust preventive coatings shall prominently display the
statement "For metal substrates only."
([g]j) 'Specialty primers, sealers and undercoaters'. For products manufactured before January 1, 2021,
[The]the labels of all specialty primers, sealers and undercoaters shall prominently display one or more of the
descriptions listed in paragraphs [in] (1)-(5) of this subdivision.
(1) "For blocking stains."
(2) "For fire-damaged substrates."
(3) "For smoke-damaged substrates."
(4) "For water-damaged substrates."Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
19 of 24 1/21/2020, 1:04 PM(5) "For excessively chalky substrates."
(6) For products manufactured on or after January 1, 2021, the labels of all specialty primers, sealers, and
undercoaters shall prominently display one or more of the descriptions listed in paragraphs 205.4(j)(2)
through 205.4(j)(4).
([h]k) 'Quick-dry enamels'. The labels of all quick dry enamels manufactured before January 1, 2021, shall
prominently display the words "Quick dry" and the dry hard time.
(l) 'Reactive penetrating sealers' For products manufactured on or after January 1, 2021, the labels of all
reactive penetrating sealers shall prominently display the statement "Reactive penetrating sealer."
(m) 'Reactive penetrating carbonate stone sealers'. For products manufactured on or after January 1, 2021,
the labels of all reactive penetrating carbonate stone sealers shall prominently display the statement
"Reactive penetrating carbonate stone sealer."
(n) 'Stone consolidants'. For products manufactured on or after January 1, 2021, the labels of all stone
consolidants shall prominently display the statement "Stone Consolidant - For Professional Use Only."
(o) 'Wood coatings'. For products manufactured on or after January 1, 2021, the labels of all Wood Coatings
shall prominently display the statement "For Wood Substrates Only."
(p) 'Zinc rich primers'. For products manufactured on or after January 1, 2021, the labels of all Zinc Rich
Primers shall prominently display one or more of the following statements listed in paragraphs (1)-(3) below:
(1) "For Professional Use Only"
(2) "For Industrial Use Only"
(3) "Not for residential use" or "Not intended for residential use"
Section 205.5 Reporting requirements.
Subdivisions 205.5 (a-d) are deleted and new subdivisions 205.5(a and b) are added.
[(a) Each manufacturer of a product subject to a VOC content limit in section 205.3(a) of this Part shall keep
records demonstrating compliance with the VOC content limits. Such records shall clearly list each product by
name (and identifying number, if applicable) as shown on the product label and in applicable sales and
technical literature, the VOC content as determined in section 205.6 of this Part, the name(s) and chemical
abstract service (CAS) number of the VOC constituents in the product, the dates of the VOC content
determinations, and the coating category and the applicable VOC content limit. These records shall be kept
for a period not less than five years and shall be made available to the department within 90 days of request.
(b) A responsible official from each manufacturer shall upon request of the director, Division of Air Resources,
Department of Environmental Conservation provide data concerning the distribution and sales of coatings
subject to a VOC content limit in section 205.3(a) of this Part. The responsible official shall within 90 days
provide information including, but not limited to:
(1) the name and mailing address of the manufacturer;
(2) the name, address and telephone number of a contact person;
(3) the name of the product as it appears on the label and the coating category in section 205.3(a) under
which it is regulated;
(4) whether it is marketed for interior or exterior use or both;
(5) the number of gallons sold in New York State in containers greater than one liter and less than one liter;Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
20 of 24 1/21/2020, 1:04 PM(6) the actual VOC content and VOC content limit in grams per liter. If thinning is recommended, list the
actual VOC content and VOC content limit after recommended thinning. If containers less than one liter
have a different VOC content than containers greater than one liter, list separately;
(7) the names and CAS number of the VOC constituents in the product; and
(8) the names and CAS number of any compounds in the products specifically exempted under section
200.1(ci) of this Title.
(c) 'Toxic exempt compounds'. For each architectural coating that contains perchloroethylene or methylene
chloride, the manufacturer shall, on or before April 1st of each calendar year beginning with the year 2006,
report to the director, Division of Air Resources, Department of Environmental Conservation the following
information for products sold in the State during the preceding year:
(1) the product brand name and a copy of the product label with the legible usage instructions;
(2) the product category listed in section 205.3(a) of this Part to which the coating belongs;
(3) the total sales in the State of New York during the calender year to the nearest gallon; and
(4) the volume percent, to the nearest 0.10 percent, of perchloroethylene and methylene chloride in the
coating.
(d) 'Recycled coatings'. Manufacturers of recycled coatings must submit a letter signed by a responsible
official to the director, Division of Air Resources, Department of Environmental Conservation certifying their
status as a recycled paint manufacturer. The manufacturer shall, on or before April 1st of each calendar year
beginning with the year 2006, submit an annual report to the director, Division of Air Resources, Department
of Environmental Conservation. The report shall include for all recycled coatings the total number of gallons
distributed in the State during the preceding year, and shall describe the method used by the manufacturer to
calculate State distribution.]
(a) A responsible official from each manufacturer shall upon request of the director or his or her delegate,
provide data concerning the distribution and sales of architectural coatings. The responsible official shall,
within 180 days of written request, provide information including, but not limited to:
(1) the name and mailing address of the manufacturer;
(2) the name, address and telephone number of a contact person;
(3) the name of the coating product as it appears on the label and the coating category in 205.3(a) of this
Part under which the product is regulated;
(4) whether the product is marketed for interior or exterior use or both;
(5) the number of gallons sold in New York State in containers greater than one liter (1.057 quart) and equal
to or less than one liter (1.057 quart);
(6) the VOC actual content and the VOC regulatory content in grams per liter;
(7) the names and CAS numbers of the VOC constituents of the product;
(8) the names and CAS numbers of any compound in the product specifically exempted from the VOC
definition;
(9) whether the product is marketed as solventborne, waterborne, or 100 percent solids;
(10 description of resin or binder in the product;Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
21 of 24 1/21/2020, 1:04 PM(11) whether the coating is a single-component or multi-component product;
(12) the density of the product in pounds per gallon;
(13) the percent of weight of solids, all volatile materials, water, and any compounds in the product
specifically exempted from the VOC definition;
(14) the percent by volume of solids, water and any compounds in the product specifically exempted from
the VOC definition.
(b) All data listed in paragraphs (a)(1 - 14) shall be maintained by the responsible official for a minimum of
three years. Data submitted by the responsible official to the Department may be claimed as confidential in
accordance with Part 616 of this Title.
Section 205.6 Compliance provisions and test methods.
(a) For the purpose of determining compliance with the VOC content limits in [section] subdivision 205.3(a) of
this Part, the VOC content of a coating shall be determined by using the procedures described in paragraphs
([a]b)(1) or (b)(2) of this section, as appropriate. The VOC content of a tint base shall be determined prior to
the addition of the colorant. If the manufacturer does not recommend thinning, the VOC content must be
calculated for the product as supplied. If the manufacturer recommends thinning, the VOC content must be
calculated including the maximum amount of thinning solvent recommended by the manufacturer. If the
coating is a multi-component product, the container must display the VOC content as mixed or catalyzed. If
the coating contains silanes, siloxanes, or other ingredients that generate ethanol or other VOCs during the
curing process, the VOC content must include the VOCs emitted during curing.
([a]b) 'Calculation of VOC content'.
(1) With the exception of low solids coatings, determine the VOC content in grams of VOC per liter of
coating thinned to the manufacturer's maximum recommendation, excluding the volume of any water and
exempt compounds. Determine the VOC content using the following equation:
where:
VOC content = grams of VOC per liter of coating
Ws = weight of volatiles, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
Vw = volume of water, in liters
Vec = volume of exempt compounds, in liters
(2) For low solids coatings, determine the VOC content in units of grams of VOC per liter of coating thinned
to the manufacturer's maximum recommendation, including the volume of any water and exempt
compounds. Determine the VOC content using the following equation:Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
22 of 24 1/21/2020, 1:04 PMwhere:
VOC content (ls) = the VOC content of a low solids coating in grams per liter of coating
Ws = weight of volatile, in grams
Ww = weight of water, in grams
Wec = weight of exempt compounds, in grams
Vm = volume of coating, in liters
([b]c) 'VOC content of coatings'. To determine the physical properties of a coating in order to perform the
calculations in subdivision ([a] b) of this section, the reference method for VOC content is found at 40 CFR
part 60, appendix A, method 24 (2000) (see Table 1, section 200.9 of this Title), except as provided in
subdivisions ([c] d) and ([d] e) of this section. An alternate method to determine the VOC content of coatings is
South Coast Air Quality Management District Method 304-91 (Revised February 1996) (see Table 1, section
200.9 of this Title). The exempt compounds content shall be determined by methods referenced in ASTM
D3960-05 (2013), South Coast Air Quality Management District Method 303-91 (Revised August 1996) , or
Bay Area Air Quality Management District (BAAQMD) Method 41 (Revised 2005), as applicable. (see Table 1,
section 200.9 of this Title). To determine the VOC content of a coating, the manufacturer may use 40 CFR
part 60, appendix A, method 24 (see Table 1, section 200.9 of this Title), or an alternative method, as
provided in subdivision ([c]d) of this section, manufacturer's formulation data, or any other reasonable means
for predicting that the coating has been formulated as intended (e.g., quality assurance checks,
recordkeeping). However, if there are any inconsistencies between the results of a 40 CFR part 60, appendix
A, method 24 (see Table 1, section 200.9 of this Title) test and any other methods for determining VOC
content, the 40 CFR part 60, appendix A, method 24 (see Table 1, section 200.9 of this Title) results will
govern, except when an alternative method is approved as specified in subdivision ([c]d) of this section. The
director, Division of Air Resources, Department of Environmental Conservation may require the manufacturer
to conduct a 40 CFR part 60, appendix A, method 24 (see Table 1, section 200.9 of this Title) analysis to
determine the VOC content.
([c]d) 'Alternative test methods'. Other test methods demonstrated to provide results that are acceptable for
purposes of determining compliance with subdivision ([b]c) of this section, after review and approval in writing
by the director, Division of Air Resources, Department of Environmental Conservation and the EPA, may also
be used.
([d]e) 'Methacrylate traffic coating markings'. Analysis of methacrylate multicomponent coatings used as traffic
marking coatings shall be conducted according to a modification of 40 CFR part 60, appendix A, method 24
found at 40 CFR part 59, subpart D, appendix A (see Table 1, section 200.9 of this Title). This method has not
been approved for methacrylate multicomponent coatings used for other purposes than as traffic marking
coatings or for other classes of multicomponent coatings.
Section 205.7 is deleted
[Section 205.7 Limited exemption for small AIM coatings manufacturers.
(a) Small AIM coatings manufacturers may request for an exemption to the VOC content limits in section
205.3(a) of this Part. This request shall include a demonstration acceptable to the director, Division of Air
Resources, Department of Environmental Conservation on the small manufacturers' inability to produce
coatings that meet the VOC content limits based on economic and/or technical feasibility.Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
23 of 24 1/21/2020, 1:04 PM(b) The request shall at a minimum include the following small AIM coatings manufacturers' production and
product information:
(1) The total quantity (gallons) and the VOC content of each and all of the coatings listed in section 205.3(a)
of this Part manufactured by the company for each of the three previous years.
(2) Documentation and analysis supporting the economic or technical infeasibility of meeting the VOC
content limits for each coating listed in section 205.3(a) of this Part requesting an exemption.
(3) A statement from a responsible official in the company certifying the accuracy and completeness of the
information provided in the request.
(c) The request shall be made at least one year prior to the compliance date of January 1, 2005 and be made
to the director, Division of Air Resources, Department of Environmental Conservation. The department
reserves the right to request additional information from the responsible official.
(d) The director, Division of Air Resources, Department of Environmental Conservation shall grant or deny the
limited exemption in its discretion based on the information supplied pursuant to subdivision (b) of this section
at least six months prior to the compliance date of January 1, 2005.
(e) Small AIM coatings manufacturers that have been granted a limited exemption under subdivision (d) of
this section shall submit, by April 1st of each year the exemption remains in effect, a report to the director,
Division of Air Resources, Department of Environmental Conservation that includes the following
manufacturing information from the previous calendar year:
(1) the quantity of the individual coatings listed under section 205.3(a) of this Part produced by the
company and the VOC content of the coatings which have been granted an exemption from the VOC
content limits in section 205.3(a) of this Part under this section;
(2) the quantity of coatings manufactured for each of the product names of the coatings which have been
granted an exemption from the VOC content limits in section 205.3(a) of this Part under this section were
marketed under; and
(3) a statement from a responsible official certifying the accuracy and completeness of the information
provided in the report.
(f) Any exemption granted under subdivision (d) of this section may remain in effect no later than December
31, 2006.
(g) Limited exemptions for small AIM coatings manufacturers as approved by the director, Division of Air
Resources, Department of Environmental Conservation under this Part, will be submitted to the EPA as State
Implementation Plan revisions for approval.]
Section 205.[8] 7 Severability.
[Each section, or portion thereof, of this Part shall be deemed severable, and in the event that any section, or
portion thereof, of this Part is held to be invalid, the remainder of this Part shall continue in full force and
effect.]
Each provision of this Part shall be deemed severable, and in the event that any provision of this Part is held
to be invalid, the remainder of this Part shall continue in full force and effect.Adopted Part 205, Architectural and Industrial Maintenance (AIM) Coat... https://www.dec.ny.gov/regulations/116226.html
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