25 Pa. Code § 130.703 - Exemptions and exceptions
(a) This
subchapter does not apply to the use, application, sale, supply, offer for sale
or manufacture for sale for use in this Commonwealth of the following compounds
or products:
(1) Adhesives, sealants, adhesive
primers or sealant primers being tested or evaluated in a research and
development, quality assurance or analytical laboratory, if records are
maintained as required under §
130.704 (relating to recordkeeping
requirements).
(2) Adhesives,
sealants, adhesive primers or sealant primers that are subject to other
sections in this chapter or Chapter 129 (relating to standards for
sources).
(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) 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 1
pound or less, except plastic cement welding adhesives and contact
adhesives.
(6) Contact adhesives
that are sold or supplied by the manufacturer or supplier in containers with a
net volume of 1 gallon or less.
(b) This subchapter does not apply to the
use, application, sale, supply, offer for sale or manufacture for sale for use
in this Commonwealth of adhesives, seal-ants, adhesive primers, sealant
primers, surface preparation solvents or cleanup solvents in the following
operations:
(1) Tire repair operations, if
the label of the adhesive states, "For tire repair only."
(2) The assembly, repair and manufacture of
aerospace components or undersea-based weapons systems.
(3) The manufacture of medical
equipment.
(4) 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. A
person claiming an exemption under this paragraph shall record and maintain
operational records sufficient to demonstrate compliance with this exemption,
in accordance with §
130.704.
(c) This subchapter does not apply to an
adhesive, sealant, adhesive primer or sealant primer product if the
manufacturer or distributor of the product makes and keeps records
demonstrating both of the following:
(1) The
adhesive, sealant, adhesive primer or sealant primer product is intended for
shipment and use outside of this Commonwealth.
(2) The manufacturer or distributor has taken
reasonably prudent precautions to assure that the adhesive, sealant, adhesive
primer or sealant primer product is not distributed to or within this
Commonwealth.
(d) The
exemption in subsection (c) does not apply to an adhesive, sealant, adhesive
primer or sealant primer product that is sold, supplied or offered for sale to
a retail outlet in this Commonwealth.
(e) This subchapter does not apply to an
adhesive, sealant, adhesive primer, sealant primer, surface preparation solvent
or cleanup solvent product that is sold or supplied for use or application as
part of a manufacturing process at a facility subject to the requirements of
§
129.77 (relating to control of
emissions from the use or application of adhesives, sealants, primers and
solvents).
(f) This subchapter does
not apply to an adhesive, sealant, adhesive primer, sealant primer, surface
preparation solvent or cleanup solvent used or applied in either of the
following situations:
(1) At a private
residence for a noncommercial purpose.
(2) By a person who is not seeking
compensation.
Notes
The provisions of this § 130.703 amended under section 5(a)(1) and (8) of the Air Pollution Control Act (35 P. S. § 4005(a)(1) and (8)).
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