NJDEP Releases Newly Proposed Amendments for the Prevention of Air Pollution from Architectural Coatings and Consumer Products

Environmental ConsultingEnvironmental Consulting
09/08/2025
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On Monday, August 19, the New Jersey Department of Environmental Protection (NJDEP) released two new proposed rulemakings: Proposed Amendments: N.J.A.C. 7:27-23.1 through 23.6, and 7:27A-3.10 and Proposed Amendments: N.J.A.C. 7:27-24.1 through 24.8, 24.10, and 7:27A-3.10. The aim of the proposals is to reduce the emissions of volatile organic compounds (VOCs), furthering the state’s initiative to achieve attainment with ozone standards set forth in the latest National Ambient Air Quality Standards (NAAQS). 

Proposed Amendments: N.J.A.C. 7:27-23.1 through 23.6, and 7:27A-3.10

The proposed amendments to N.J.A.C. 7:27-23.1 through 23.6 and 7:27A-3.10 impact the rules pertaining to the prevention of air pollution from architectural coatings. NJDEP took inspiration from the California Air Resources Board Suggested Control Measure for Architectural Coatings, approved October 26, 2007 (CARB 2007 SCM) and has released the proposed amendments to align with California’s rulings. Architectural coatings include, but are not limited to paints, varnishes, stains, industrial maintenance coatings, and traffic coatings.

Upcoming Revisions to 7:27-23.1 through 23.6

  • The addition of 12 NEW coating categories, subject to new VOC emission limits;
  • 12 existing categories subject to more stringent VOC emission limits;
  • Discontinuation of 15 specialty categories, applicable to products manufactured on or after the rule implementation date of the new VOC limits;
  • Coatings previously categorized under the discontinued categories will be subject to the new VOC limits of one of the new or existing categories, 1 year after the effective date;
  • New testing methods for coatings, including exempt compounds and new coating categories;
  • New labeling requirements, including: 
    • Percent by weight of VOC content must be displayed;
    • All labels must display one of the following statements: “for industrial use only” or “for professional use only”; and
    • Specialty primer, sealer, or undercoater coating labels must include one of the following statements: “for fire-damaged substrates”, “for smoke-damaged substrates”, or “for water-damaged substrates”. 
The new VOC emission limits, category removals, and adjustments are outlined in Table 1 below. Bolded categories indicate the new category additions.

 

Table 1. Coating Category VOC Limitations

Coating Category VOC Content (grams/liter)
Former Requirement New Requirement
Aluminum roof coating N/A 450
Antenna coating 530 Removed
Antifouling coating 400 Removed
Basement specialty coating N/A 400
Bituminous pavement sealer 100 Removed
Bituminous roof coating 300 270
Concrete/masonry sealer N/A 100
Conjugated oil varnish N/A 450
Driveway sealer N/A 50
Dry fog coating 400 150
Fire-retardant coating – clear 650 Removed
Fire-retardant coating – opaque 350 Removed
Fire-retardant coating – all others 850 Removed and subject to Fire-retardant coating – clear category
Flat coating 100 50
Floor coating 250 100
Flow coating 420 Removed
Industrial maintenance coating 340 250
Lacquer, clear brushing 680 Subject to Wood coating VOC limits
Lacquer (including lacquer sanding sealer) 550 Subject to Wood coating VOC limits
Mastic texture coating 300 100
Nonflat coating 150 100
Nonflat high gloss coating 250 150
Primer, Sealer, and Undercoater 200 100
Quick-dry enamel 250 Removed
Quick-dry Primer, Sealer, Undercoater 200 Removed
Reactive penetrating sealer N/A 350
Reactive penetrating carbonate stone sealer N/A 500
Rust preventative coating 400 250
Sanding sealer (other than lacquer sanding sealer) 350 Subject to Wood coating VOC limits
Shellac – clear 730 No change
Shellac – opaque 500 No change
Sign paint (Graphic arts coating) 500 No change
Specialty primer, sealer, and undercoater 350 100
Stain 250 No change
Stain – Semitransparent 500 Removed and subject to Stain category
Stain – Opaque 350 Removed and replaced with Stain category
Stone consolidant N/A 450
Swimming pool repair and maintenance coating 340 Removed
Temperature-indicator safety coating 550 Removed
Tile-like glaze coating 550 Removed
Traffic marking coating 150 100
Tub and tile refinish coating N/A 420
Varnish 350 Subject to Wood coating VOC limits
Waterproofing membrane N/A 250
Waterproofing sealer 250 Removed
Waterproofing concrete/masonry sealer 400 Removed
Waterproof mastic coating 300 Removed and subject to mastic texture coating category
Wood coating N/A 275
Wood preservative [coating] 350 Removed
Zinc-rich primer N/A 340
All other architectural coatings 250 Removed

 

Upcoming Revisions to 7:27A-3.10

In the proposed amendments to N.J.A.C. 7:27A-3.10, exemption status has been expanded to include architectural coatings that are supplied, for sale, or for use outside of the state. The types of coating containers that have been added to the list of exempt types, includes:

  • Kits that include more than one container with different colors, types, or categories of coatings,
  • A two-component product falling under the “one liter or less” exemption, and
  • Multiple containers of one liter or less that are packaged together.
Additionally, the proposal includes the removal of N.J.A.C. 7:27-23.1(f) and portions of subsection (e) to remove redundancies within the rule and to align closer to CARB 2007 SCM. The proposed language amendments provided exemptions from the VOC standards. 

Manufactures will be subject to these new VOC emission limits within one year of the effective date. A public hearing to discuss these proposed amendments will be hosted by the NJDEP via ZOOM on October 15, 2024 at 9:00 am.

Proposed Amendments: N.J.A.C. 7:27-24.1 through 24.8, 24.10, and 7:27A-3.10

The proposed amendments to N.J.A.C. 7:27-24.1 through 24.8, 24.10 and 7:27A-3.10 impact the rules pertaining to the prevention of air pollution from consumer products. The two applicable categories of consumer products that will be impacted by these amendments are chemically formulated consumer products and portable fuel containers and spill-proof spouts.

Upcoming Revisions to 7:27-24.1 through 24.8, 24.10

  • Proposed revisions for chemically formulated consumer products;
  • 8 NEW categories of consumer products will be subject to VOC emission limits; 
  • 13 existing categories will be subject to more stringent VOC emission rates;
  • Products falling with the multi-purpose solvent and paint thinner categorizations are no longer permitted to utilize dilution standards to meet compliance requirements;
  • Sell-through provisions, allowing products manufactured prior to the implementation date of the ruling to be sold, have been refined to require manufactures to provide the NJDEP with an explanation of the date-code; 
  • New consumer products have been added to the list of products prohibited from using chlorinated toxic air contaminants and para-dichlorobenzene;
    • Construction, panel, and floor coverings;
    • Bathroom and tile cleaners;
    • Non-aerosol multi-purpose solvents; 
    • Oven and grill cleaners; and
    • Non-aerosol paint thinners.
  • The sale of products containing >1% of aromatic compound content by weight is prohibited; and
  • New testing requirements.
For products that fall within under more than one category, the more stringent VOC standard will apply. The new VOC emission limits, category removals, and adjustments are outlined in Table 2 below. Bolded categories indicate the new category additions.

 

Table 2. Consumer Category VOC Limitations

Coating Category Maximum Allowable VOC Content (percent weight)
Former Requirement New Requirement
Anti-static product – aerosol N/A 80
Automotive windshield cleaner – all N/A 35
Disinfectant – aerosol N/A 70
Disinfectant – non-aerosol N/A 1
Dual purpose air freshener/disinfectant – aerosol N/A 60
Hair finishing spray – aerosol N/A 55
Multi-purpose solvent & Paint thinner – non-aerosol N/A 3
Sanitizer – aerosol N/A 70
Sanitizer – non-aerosol N/A 1

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