UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX AIR DIVISION

Technical Support Document

for EPA’s Direct Final Rulemaking

for the California State Implementation Plan

South Coast Air Quality Management District, Rule 114 3

, Consumer Paint Thinners & Multi

- P urpose Solvents

Prepared by: Adrianne Borgia Reviewed by: Andrew Steckel

June 20112

Agency: South Coast Air Quality Management District (SCAQMD)

Previously Submitted Rule: Rule 114 3

– Consumer Paint Thinners & Multi

P urpose Solvents Adopted

– March 6, 2009

Amended

– July 9, 2010

Subject of this TSD: Rule 114 3

– Consumer Paint Thinners & Multi

P urpose Solvents

Amended

– December 3 , 2010
Submitted

– April 5

, 201 1

RULE SUMMARY

- Rule 1143 reduces emissions of Volatile Organic Compounds (VOCs) from the use, storage and disposal of consumer paint

thinners and multi

- purpose solvents used in thinning coating materials, cleaning coating application equipment and other solvent cleaning operations by limiting

the VOC content. Provisions are made for sell

- through of consumer thinners and

multi

- purpose solvents produced before January 1, 2010

, and all exempt products must still be subject to the recording and recordkeeping requirements.

Ru le 114 3 is consistent with the California Air Resources Board (CARB) Consumer Products Regulations (CPR)

.

EPA EVALUATION

- The following criteria were used to evaluate the submitted

rule.

1. Enforceability

- The Bluebook ( Issues Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations , EPA, May 25, 1988) and the Little Bluebook ( Guidance Document for Correcting Common VOC & Other Rule Deficiencies, E PA Region 9, August 21, 2001) were used to help evaluate compliance with the CAA § 110(a)(2)(A) requirement for enforceability.

2. Stringency

– We are not evaluating this rule regarding Clean Air Act Reasonably Available Control Technology requirements, because there is no CTG for this category and we do not expect the rule to apply to major

sources. CARB’s Consumer Products Regulation, Title 17, California Code of Regulations (CCR), Division 3, Chapter 1, Subchapter 8.5, Article 2,

Sections 94507

– 94517 was used to help evaluate the stringency of this requirement

.

3

. SIP Relaxation

- We have evaluated this SIP revision to determine

whether i t would interfere with any applicable requirement concerning attainment and reasonable further progress (RFP) or any other applicable requirement of the Act (CAA 110(l)) or modify, in a nonattainment area, any

SIP

- approved control requirement in effect bef ore November 15, 1990 (CAA 193).3

Enforceability

– The reporting, recordkeeping

, testing and other requirements generally ensure that the submitted rule can be enforced. The type of artist solvents and thinners are specifically defined in section (c) (1). The sell

- through provision of subsection (b) (2) (A) stipulates the effe ctive dates for the VOC limits

and clarifies that the provisions do not apply to products that do not meet the interim requirements

. In the Administrative Requirements of subsections (e) (1) through (7) t he requirements for labelling of and education for flammable thinner

and solvents a re clearly specified. The Recordkeeping of section (f) details

manu facturers’ recordkeeping requirements that exceed those of the CPR.

Stringency

- With a 25 gram/liter VOC limit for Consumer Paint Thinner and Multi

Purpose Solvent

, the rule is expected to reduce VOC emissions by 9. 69 tons/year

in by 2012

. SCAQMD projected 9.7 tons/ day emissions reduction by 2014 for this

source in the PM2.5 P lan and 10.1 tons/day emissions reduction by 2023 for this

source in the Ozone Plan . The rule is consistent with CARB’s consumer product requirements and we have no ba sis to require more stringent requirements at this

time.

SIP Relaxation

– We propose to determine that our approval of the submittal would comply with CAA section 193 because there are no previous versions of these requirements in the SIP . W e similarly propose to determine that our approval of the submittal would comply with CAA section 110(l), because the proposed SIP revision would not interfere with the on

- going process for ensuring that requirements for RFP and attainment of the NAAQS are met, and th e submitted SIP revision is more stringent than requirements p reviously approved

into the SIP

.

RULE DEFICIENCIES

- We have identified no deficiencies with Rule 114 3 sufficient for EPA to propose less than full approval.

ADDITIONAL RECOMMENDATIONS FOR THE NEXT RULE REVISION

- The following revisions are not currently the basis for rule disapproval, but are

recommended for the next time the rule is amended.

1. For clarity, we recommend that the following terms be defined in section (c):

a. Formulated to meet low VOC limits

b. Flammable, Extremely Flammable

c. Polyaspartic and Polyurea Coatings

. d. Industrial Maintenance (IM) Coatings, Zinc

- Rich Primers and High Temperature IM Coatings

. e. Institutional use

2. In section (i), Test Methods, please clarify that both Method 303 and 304
are SCAQMD test methods and include the entire number and EPA

approved date:

a. SCAQMD Method 303

- 91, August 1996 (Determination of Exempt Compounds)4 b. SCAQMD Method 304

- 91, February 1996 (Determination of VOC in Various Materials)

3. The severability clause in section (k) should state that, “...In the event any of the exceptions to this rule is held by judicial order to be invalid, the persons or circumst ances covered by the exception shall nevertheless be required to comply with the remainder of this rule.”

EPA ACTION

- The District staff report associated with Rule 1143 projects it will

reduc e VOC emissions by 9.69 tons per day by 2012

. The rule fulfils the relevant CAA §110 part D requirements. EPA staff recommends a full approval of Rule

114 3 pursuant to CAA §110(k ) ( 3) and §301(a).

ATTACHMENTS

- 1. SCAQMD Rule 114 3

, Consumer Paint Thinners & Multi

- Purpose Solvents,

as submitte d on April 5 , 201 1

.

2. SCAQMD Rule 1143, Consumer Paint Thinners & Multi

- Purpose Solvents, as submitted on July 9, 2010.

ADDITIONAL REFERENCES

- 1. “ Consumer Products Regulation”, Including September 2009 amendments http://www.arb.ca.gov/consprod/regs/2009/cpreg2010.pdf

2. “Guidance Document for Correcting Common VOC & Other Rule Deficiencies,” (a.k.a., Little Bluebook), EPA Region 9, August 21, 2001. http://www.epa.gov/Region09/air/sips/littlebluebook2001.pdf

3. “Model Volatile Organic Compound Rules for Reasonable Available Control Technology,” EPA

- Staff Working Document, June 1992

. http://www.epa.gov/ttn/oarpg/t1/ctg/flexpkg_draftctg20060804.pdf