1143-1

(Adopted March 6, 2009) (Amended June 4, 2010)

RULE 1143. CONSUMER PAINT THINNERS & MULTI-PURPOSE

SOLVENTS

(a) Purpose The purpose of this rule is to reduce emissions of volatile organic compounds (VOCs) from the use, storage and disposal of consum er paint thinners and multipurpose solvents commonly used in thinning of coati ng materials, cleaning of coating application equipment, and other solvent cl eaning operations by limiting
their VOC content.

(b) Applicability This rule is applicable to any person who supplies, sells, offers for sale, or manufactures consumer paint thinners and multi-purp ose solvents for sale in the District, as well as any person who uses or solicit s the use of any consumer paint thinner and multi-purpose solvent within the Distri ct.

(c) Definitions For the purpose of this rule, the following definit ions shall apply: (1) CONSUMER means any person who seeks, purchases, or acquires any consumer product for personal, family, household, o r institutional use. Persons who acquire a consumer product for resale a re not “consumers” for that product. (2) DISTRIBUTOR means any person to whom a consumer product is sold or supplied for the purposes of resale or distribution in commerce, except that manufacturers, retailers, and consumers are not dis tributors. (3) EXEMPT COMPOUND is as defined in Rule 102. (4) FORMULATION DATA is the actual product recipe w hich itemizes all the ingredients contained in a product including VO Cs and the quantities thereof used by the manufacturer to create the prod uct. Material Safety Data Sheets (MSDS) are not considered formulation d ata.Rule 1143 (Cont.) (Adopted March 6, 2009) (Amended June 4, 2010)

1143-2 (5) GRAMS OF VOC PER LITER OF MATERIAL is the weigh t of VOC per volume of material and can be calculated by the fol lowing equation:

Grams of VOC per Liter of Material = W s - W w - W es
V m

Where: W s = weight of volatile compounds in grams
W w = weight of water in grams
W es = weight of exempt compounds in grams
V m = volume of the material in liters (6) INDUSTRIAL MAINTENANCE COATINGS are coatings, i ncluding primers, sealers, undercoaters, intermediate coatin gs and topcoats, formulated for or applied to substrates, including floors that are exposed to one or more of the following extreme environmental conditions: (A) immersion in water, wastewater, or chemical sol utions (aqueous and non-aqueous solutions), or chronic exposure of interior surfaces to moisture condensation; (B) acute or chronic exposure to corrosive, caustic or acidic agents, or similar chemicals, chemical fumes, chemical mixture s, or solutions; (C) repeated exposure to temperatures in excess of 250 degrees Fahrenheit; (D) repeated heavy abrasion, including mechanical w ear and repeated scrubbing with industrial solvents, cleaners, or sc ouring agents; or (E) exterior exposure of metal structures. (7) LACQUER THINNERS are solvents that are manufact ured for the purpose of thinning, diluting, dissolving, and for clean-up of lacquer coatings. (8) MULTI-PURPOSE SOLVENTS are any liquid product d esigned or labeled to be used for dispersing or dissolving or removing contaminants or other organic materials. Multi-purpose solvents include products that do not display specific use instructions on the pro duct container or packaging; products that do not specify an end-use function or application on the product container or packaging; and solvents used in institutional facilities, except for laboratory reagents used in analytical, educational, research, scientific or other laboratories.Rule 1143 (Cont.) (Adopted March 6, 2009) (Amended June 4, 2010)

1143-3 Notwithstanding the above, multi-purpose solvents d o not include solvents used in cold cleaners, vapor degreasers, conveyoriz ed degreasers or film cleaning machines, or solvents that are incorporate d into, or used exclusively in the manufacture or construction of, the goods or
commodities at the site of the establishment. Mult i-purpose solvents also do not include any product making any representatio n that the product may be used as, or is suitable for use as a consumer pr oduct which qualifies under another definition in Cal. Code Regs. tit 17, § 94508 as of the date of adoption. (9) PAINT THINNERS are solvents that are manufactur ed for the purpose of reducing the viscosity of coating compositions or c omponents and displays the term, but not limited to, “Paint Thinner,” “Lac quer Thinner,” “Thinner,” or “Reducer” on the front panel of its p ackaging. (10) PERSON means any individual, firm, association , organization, partnership, business trust, corporation, company, contractor, supplier, installer, user or owner, or any state or local gov ernmental agency or public district or any other officer or employee th ereof. PERSON also means the United States or its agencies to the exte nt authorized by Federal
law. (11) RETAIL OUTLET means any establishment at which consumer products are sold, supplied, or offered for sale directly to consumers. (12) SOLICIT is to require for use or to specify, b y written or oral contract. (13) SOLVENTS include diluents and thinners and are defined as organic materials which are liquids at standard conditions and which are used as dissolvers, viscosity reducers or cleaning agents. (14) SOLVENT CLEANING is the removal of adhesives, inks, coatings, and contaminants which include, but are not limited to, dirt, soil, and grease from parts, products, tools, machinery, equipment, and general work areas. (15) SOLVENT FLUSHING is the use of a solvent to re move adhesives, inks, coatings, or contaminants from the internal surface s and passages of the equipment by inducing a rapid flow of solvent throu gh the equipment. (16) VOC (VOLATILE ORGANIC COMPOUND) is as defined in Rule 102.

(d) Requirements (1) Except as provided in paragraph (d)(2), no pers on shall supply, sell, offer for sale, manufacture, blend, or repackage any cons umer paint thinner orRule 1143 (Cont.) (Adopted March 6, 2009) (Amended June 4, 2010)

1143-4 multi-purpose solvent for use in the District unles s the consumer paint thinner or multi-purpose solvent complies with the applicable requirements set forth in the table below:

EFFECTIVE 1/1/2010 CATEGORY VOC g/L (lb/Gal) Paint Thinner 300 (2.50) Multi-Purpose Solvent 300 (2.50)

(2) Sell-Through Provision Any paint thinner or multi-purpose solvent that is manufactured prior to the implementation date, may be sold, supplied, off ered for sale, or used for up to one year after the specified effective da te. (3) The prohibition of sale shall not apply to any manufacturer of paint thinners or multi-purpose-solvents provided that: (A) The product was sold to an independent distribu tor that was informed in writing by the manufacturer about the c ompliance status of the product, or (B) The product meets one of the exemptions as note d in subdivision (j), or (C) The product meets the sell-through provision in paragraph (d)(2). (4) Any solvent container in which the contents the rein are applied directly to a surface from said container by pouring, siphoning , brushing, rolling, padding, rag application or other means, shall be c losed when not in use. These solvent containers include, but shall not be limited to: drums, buckets, cans, pails, trays or other application co ntainers. (5) General Prohibition No person shall supply, sell, offer for sale, manuf acture, blend, or repackage any consumer paint thinner or multi-purpo se solvent for use in the District subject to the provisions of this rule with any materials that contain in the excess of 0.1% by weight any Group I I exempt compounds listed in Rule 102. Cyclic, branched, or linear, c ompletely methylated siloxanes (VMS) are not subject to this prohibition

. Deleted: EFFECTIVE¶ 1/1/2011

Deleted: VOC¶ g/L (lb/Gal)

Deleted: 25¶ (0.21)

Deleted: 25¶ (0.21)Rule 1143 (Cont.) (Adopted March 6, 2009) (Amended June 4, 2010)

1143-5 (e) Administrative Requirements (1) Point of sale containers, for sale or distribut ion, of any consumer paint thinner or multi-purpose solvent subject to this ru le shall display the maximum VOC content, as supplied, and the maximum V OC content after any dilution as recommended by the manufacturer. (2) Point of sale containers, for sale or distribut ion, of any consumer paint thinner and multi-purpose solvent subject to this r ule shall display the date of manufacture of the contents or a code indicating the date of manufacture. The manufacturers of such consumer pa int thinners and multi-purpose solvents shall file with the Executiv e Officer an explanation
of each code. (3) Any manufacturer and any of their distributors that supply consumer paint thinners and multi-purpose solvents with intent to sell in the District shall submit an application as specified by the Executive Officer to apply for a distributor or manufacturer identification (ID) num ber by the applicable date in subdivision (g). The application form shal l be signed by the responsible party for the distributors and manufact urers certifying that all information submitted (including electronic submitt als) is true and correct. The Executive Officer shall be notified in writing within 30 days of any change in the responsible party of the manufacturer

. (4) On or before May 1, 2010, and each subsequent J anuary 1 thereafter, all distributors and manufacturers subject to this rule shall provide to the
District a list of all their U.S. distributors to w hom they supply products subject to this rule, including but not limited to private label coatings and toll manufactured coatings. The list shall be in a format determined by the
Executive Officer and shall include the distributor ’s name, address, contact person and phone number. (5) Effective April 1, 2010, each manufacturer and distributor shall, on or before April 1 of each subsequent calendar year, su bmit an annual quantity and emissions report to the Executive Officer.

(f) Recordkeeping (1) Manufacturers and/or distributors shall maintai n a copy of the application receipt from the District. The receipt shall be ma intained for five (5) years and made available upon request by the Executive Of ficer.Rule 1143 (Cont.) (Adopted March 6, 2009) (Amended June 4, 2010)

1143-6 (2) Manufacturers shall maintain records to verify data necessary to determine annual paint thinner and multi-purpose solvent sale s subject to this rule and VOC emissions in the District, and compliance w ith applicable rules and regulations. The records shall be maintained f or five (5) years and made available upon request by the Executive Office r. Such records shall
include but not be limited to: (A) Product formulation records (to include grams of VO C per liter of material): (i) Laboratory reports [including percent weight of non

volatiles, water, and exempts (if applicable); dens ity of the coating; and raw laboratory data] of test methods c onducted as specified in paragraph (i)(1), or (ii) Product formulation data, including physical proper ties analyses, as applicable, with a VOC calculation demonstration; and (B) Production records including batch tickets with the date of manufacture, batch weight and volume; and (C) Distribution records: (i) Customer lists or store distribution lists or both (as applicable) and (ii) Shipping manifests or bills of lading or both (as applicable); and (D) Sales records consisting of point of sale receipts or invoices to local distributors or both, as applicable.

(g) Compliance Dates (1) Consumer paint thinner and multi-purpose solven t manufacturers that begin to manufacture, supply, sell or offer for sal e consumer paint thinners and multi-purpose solvents subject to this rule and for use in the District after July 1, 2009 shall submit the application req uired in paragraph (e)(3) no later than thirty (30) calendar days prior to ma nufacturing, supplying, selling, or offering for sale, any consumer paint t hinner and multi-purpose solvent subject to this rule and for use in the Dis trict. (2) Within thirty (30) calendar days after a chang e of consumer paint thinner and multi-purpose solvent manufacturer, the new con sumer paint thinner and multi-purpose solvent manufacturer shall submit the application for aRule 1143 (Cont.) (Adopted March 6, 2009) (Amended June 4, 2010)

1143-7 company ID number as required in paragraph (e)(3). That filing shall include the previous consumer paint thinner and mul ti-purpose solvent
manufacturer’s ID number.

(h) Confidentiality of Information Subject to the provisions of the California Public Records Act (Govt. Code §§ 6250-6276.48) information submitted to the Executiv e Officer may be designated as confidential. District guidelines require a det ailed and complete basis for such
claim.

(i) Test Methods For the purpose of this rule, the following test me thods shall be used: (1) Determination of VOC Content The VOC content of materials subject to the provisi ons of this rule shall be determined by: (A) U.S. EPA Reference Test Method 24 (Determinatio n of Volatile Matter Content, Water Content, Density, Volume Soli ds, and Weight Solids of Surface Coatings, Code of Federal Regulations Title 40, Part 60, Appendix A) with the exempt comp ound content determined by Method 303 (Determination of Exempt Compounds) in the SCAQMD "Laboratory Methods of Ana lysis for Enforcement Samples" manual; or (B) Method 304 [Determination of Volatile Organic C ompounds (VOC) in Various Materials] in the SCAQMD "Laborato ry Methods of Analysis for Enforcement Samples" manual

. (C) Exempt Perfluorocarbon Compounds The following classes of compounds: cyclic, branched, or linear, completely fluorinated alkanes cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and sulfur-containing perfluorocarbons with no unsatura tions and with sulfur bonds only to carbon and fluorine will be analyzed as exempt compounds for compliance with subdivision (d), only when manufacturers specify wh ich individualRule 1143 (Cont.) (Adopted March 6, 2009) (Amended June 4, 2010)

1143-8 compounds are used in the solvent formulations. In addition, the manufacturers must identify the U.S. EPA, CARB, and SCAQMD approved test methods, which can be used to quantif y the amount of each exempt compound. (2) Equivalent Test Methods Other test methods determined to be equivalent upon approval in writing by the Executive Officer, CARB, and the U.S. EPA ma y also be used. (3) Multiple Test Methods
When more than one test method or set of test metho ds are specified for any testing, a violation of any requirement of this rule established by any one of the specified test methods or set of test me thods shall constitute a
violation of the rule. (4) All test methods referenced in this subdivision shall be the version most recently approved by the appropriate governmental e ntities.

(j) Exemptions (1) The provisions of this rule shall not apply to: (A) Solvents sold in this District for shipment out side of this District or for shipment to other manufacturers for repackaging

. (B) Solvents offered for sale and use for the clean -up of application equipment provided that they are labeled and design ated for polyaspartic and polyurea coatings. (C) Thinners offered for sale and use provided that they are labeled and designated for the thinning of Industrial Maintenan ce (IM) coatings, Zinc-Rich IM Primers, and High Temperatur e IM Coatings. This exemption does not apply to clean-u p operations. (D) Laboratory reagents used in analytical, educati onal, research,
scientific or other laboratories