New Jersey Administrative Code
Title 7 - ENVIRONMENTAL PROTECTION
Chapter 27 - AIR POLLUTION CONTROL
Subchapter 23 - PREVENTION OF AIR POLLUTION FROM ARCHITECTURAL COATINGS
Section 7:27-23.6 - Administrative and reporting requirements
Current through Register Vol. 56, No. 6, March 18, 2024
(a) Each manufacturer and distributor of an architectural coating subject to 7:27-23.3 shall include on the invoice, bill of lading, or other shipping document provided to the distributor or retailer receiving the product in New Jersey a statement indicating that the architectural coatings included on that shipping document and subject to 7:27-23.3, shipped by that manufacturer or distributor for sale in New Jersey, are in compliance with this subchapter. These documents shall be maintained by the manufacturer, distributor and/or retailer for no less than five years and shall be made available by the document recipient to the Department or its representatives upon request.
(b) For a coating that is sold or manufactured in New Jersey for use outside of New Jersey, or for shipment to other manufacturers for reformulation or repackaging, documentation indicating the final destination of the coating shall be made available to the Department or its representatives upon request. These documents shall be maintained by the manufacturer, distributor and/or retailer for no less than three years and shall be made available by the document recipient to the Department or its representatives upon request.
(c) A manufacturer who uses a date code on the coating container, in lieu of using the date of manufacture on the container, or a manufacturer who is complying with this subchapter with the use of a limited timeframe variance or exemption in accordance with 7:27-23.3(j), shall submit a registration with the Department as follows:
Bureau of Air Quality Planning
Attn: Architectural Coating Registration
401 East State Street
Mail Code 401-07H
PO Box 420
Trenton, New Jersey 08625-0420
(d) Upon request, a manufacturer of an architectural coating shall submit to the Department a report concerning the coatings it sold in New Jersey which are subject to this subchapter. Such report shall be submitted within 90 days of the request. The request may include any or all of the following:
(e) Records sufficient to provide the information listed in (d) above shall be maintained by each manufacturer for a minimum of three years.
(f) Each manufacturer of a coating subject to a VOC content limit in this subchapter shall keep records demonstrating compliance with the applicable VOC content limit. Such records shall consist of the results of testing and/or calculations in accordance with 7:27-23.4. These records are required to be kept by the manufacturer for a period of at least five years. Such records shall be made available by the manufacturer to the Department or its representatives within 30 days of the Department's request.
(g) If the Department requests any manufacturer of an architectural coating to test any of its coatings that are sold, offered for sale, held for sale, distributed, supplied, or manufactured for sale in New Jersey to determine the VOC content of the coating, the manufacturer shall submit the test report to the Department within 30 days of the receipt of the request from the Department.
(h) A person who holds for sale, offers for sale, or sells any coating subject to this subchapter shall, upon request, identify to the Department or its representatives, the distributor or company from whom the coating was obtained.
(i) Except as provided at (c)6 above, any person who is required to submit information to the Department pursuant to this subchapter may assert a confidentiality claim for that information in accordance with 7:27-1.6. The Department will process and evaluate confidentiality claims and treat information claimed to be confidential in accordance with 7:27-1.6 through 1.29.
(j) Variance or exemption documentation shall be submitted to the Department in accordance with 7:27-23.3(j).