Section 326IAC8-14-5. Recordkeeping and reporting requirements

   (a) Each manufacturer of a product subject to a VOC content limit in section 3(b) of this rule shall keep records demonstrating compliance with the VOC content limits. The records shall clearly list each product by all of the following:

(1) Name.

(2) Identifying number if applicable.

(3) VOC content as determined by section 6 of this rule.

(4) Name or names and chemical abstract service (CAS) number of the VOC constituents in the product.

(5) Dates of the VOC content determinations.

(6) Coating category and applicable VOC content limit.

  (b) The records required by subsection (a) shall be:

(1) kept for a period not less than five (5) years; and

(2) made available to the department for inspection within ninety (90) days of request.

  (c) Each manufacturer shall, upon request of the department, provide data concerning the distribution and sales of coatings subject to a VOC content limit in section 3(b) of this rule. The manufacturer shall within ninety (90) days provide the following information:

(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 under which it is regulated, as listed in section 3(b) of this rule.

(4) Whether the coating is marketed for interior use or exterior use, or both.

(5) The number of gallons sold in the state of Indiana in containers greater than one (1) liter.

(6) The actual VOC content and VOC content in grams per liter. If thinning is recommended, list the actual VOC content and VOC content limit after recommended thinning.

(7) The names and CAS number of the VOC constituents in the product.

  (d) Manufacturers of an AIM coating that contains perchloroethylene or methylene chloride shall, within thirty (30) days upon request of the department, submit a report to the department that includes the following information for the product sold in the state during the previous twelve (12) months from the date of the department's request:

(1) The product's brand name and a copy of the product label with the legible usage instructions.

(2) The coating category, listed in section 3(b) of this rule, to which the coating belongs.

(3) The total sales during the twelve (12) month period to the nearest gallon.

(4) The volume percent, to the nearest one-tenth of one percent (0.10%), of perchloroethylene and methylene chloride in the coating.

  (e) Manufacturers of recycled coatings shall, within thirty (30) days upon request of the department, submit a letter to the department certifying their status as a recycled paint manufacturer. The report shall include the following information for all recycled coatings for the previous twelve (12) months from the date of the department's request:

(1) The total number of gallons distributed in Indiana during the twelve (12) month period.

(2) A description of the method used by the manufacturer to calculate state distribution.

  (f) Manufacturers of bituminous roof coatings or bituminous roof primers shall, within thirty (30) days upon request of the department, submit a report that includes the following information for the previous twelve (12) months from the date of the department's request:

(1) The total number of gallons of bituminous roof coatings or bituminous roof primers sold in Indiana during the twelve (12) month period.

(2) A description of the method used by the manufacturer to calculate state sales.

(Air Pollution Control Division; 326 IAC 8-14-5; filed Nov 1, 2010, 11:58 a.m.: 20101201-IR-326060604FRA)